Legal agreement between Adullam Financial Services and our users
Welcome to the Adullam Loan Management Platform. These Terms of Service ("Terms") govern your access to and use of the Adullam website, mobile applications, and services (collectively, the "Services"). Please read these Terms carefully, as they constitute a legally binding agreement between you and Adullam Financial Services, Inc. ("Adullam," "we," "us," or "our").
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. If you are using the Services on behalf of a business or other entity, you represent and warrant that you have the authority to bind that business or entity to these Terms.
These Terms contain an arbitration clause and class action waiver that apply to all Adullam users. By accepting these Terms, you agree to resolve all disputes through binding individual arbitration, which means you waive your right to a jury trial and to participate in a class action lawsuit.
Throughout these Terms, the following definitions apply:
To use the Services, you must be at least 18 years old (or the age of legal majority in your jurisdiction, if higher) and capable of forming a binding contract. If you are using the Services on behalf of a business or other entity, you must have the authority to bind that entity to these Terms.
To create an Account, you must provide accurate, current, and complete information as prompted by the registration process. You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You agree to notify us immediately of any unauthorized use of your Account or any other breach of security.
You are responsible for safeguarding your password and for all activities that occur under your Account. You agree to:
Adullam cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
The Adullam Loan Management Platform provides various financial services, including but not limited to:
The specific services available to you may depend on your location, account type, and eligibility. Adullam reserves the right to determine eligibility for any service or feature at its sole discretion.
Adullam reserves the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We may also impose limits on certain features or restrict your access to parts or all of the Services without notice or liability.
We strive to keep the Services operational and secure at all times. However, we do not guarantee that the Services will be continuous or error-free. We may perform maintenance or encounter technical issues that could result in interruptions.
You agree to use the Services only for lawful purposes and in accordance with these Terms. Specifically, you agree not to:
Violation of these prohibitions may result in termination of your access to the Services and may subject you to civil and/or criminal penalties.
Some aspects of the Services may require payment of fees. All fees are described in the applicable loan agreements or fee schedules provided to you during the application process or in your Account.
You agree to pay all fees associated with the Services you use. Adullam reserves the right to change its fees and pricing at any time, with notice provided to you as required by applicable law. Continued use of the Services after such changes indicates your acceptance of the new fees and charges.
All payments must be made in U.S. dollars unless otherwise specified. You are responsible for all taxes associated with your use of the Services, excluding taxes based on Adullam's net income.
All applicable fees will be clearly disclosed to you before you complete any transaction. Please review all fee information carefully before proceeding with any transaction.
The Services and all content, features, and functionality thereof (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Adullam, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:
You must not:
Your privacy is important to us. Our Privacy Policy describes how we collect, use, and share information about you when you use our Services. By using the Services, you consent to our collection, use, and sharing of information as described in our Privacy Policy.
We implement appropriate security measures to protect your personal information. However, no method of transmission over the Internet or electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
You are responsible for maintaining the confidentiality of any credentials associated with your use of the Services, including your Account password, and for restricting access to your computer or device.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ADULLAM EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any content available through the Services.
ADULLAM DOES NOT PROVIDE FINANCIAL, INVESTMENT, LEGAL, OR TAX ADVICE. ANY INFORMATION PROVIDED THROUGH THE SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS FINANCIAL, INVESTMENT, LEGAL, OR TAX ADVICE. YOU SHOULD CONSULT WITH QUALIFIED PROFESSIONALS BEFORE MAKING ANY FINANCIAL, INVESTMENT, LEGAL, OR TAX DECISIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ADULLAM, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Some jurisdictions do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.
You agree to defend, indemnify, and hold harmless Adullam, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Adullam.
These Terms shall remain in full force and effect while you use the Services or maintain an Account with us.
You may terminate your Account at any time by contacting us at support@adullam.com or through your Account settings. Note that some information may be retained in our systems as required by law, to prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with investigations, enforce our Terms, or take other actions permitted by law.
Adullam may terminate or suspend your access to all or part of the Services, with or without notice, for any conduct that Adullam, in its sole discretion, believes violates these Terms, is harmful to other users of the Services, you, or third parties, or for any other reason.
Upon termination of your Account:
These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.
Any legal suit, action, or proceeding arising out of these Terms or your use of the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the City of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
You and Adullam agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
YOU ACKNOWLEDGE AND AGREE THAT YOU AND ADULLAM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect. The arbitration will be conducted by a single, neutral arbitrator. The arbitrator will have the power to award any remedies available under applicable law, and the arbitrator's award will be final and binding.
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor Adullam will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity.
We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter.
However, any changes to the dispute resolution provisions set out in the "Dispute Resolution" section will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Services.
Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Entire Agreement. These Terms constitute the entire agreement between you and Adullam regarding the Services and supersede all prior and contemporaneous written or oral agreements, communications, or other understandings relating to the subject matter of these Terms.
Waiver. No waiver by Adullam of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Adullam to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
Severability. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Assignment. You may not assign these Terms or any rights or obligations hereunder, by operation of law or otherwise, without our prior written approval, and any such attempted assignment shall be void. We may assign these Terms or any rights or obligations hereunder at any time without notice.
No Agency. No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by these Terms.
If you have any questions, concerns, or comments about these Terms, please contact us at:
Adullam Financial Services, Inc.
Attn: Legal Department
123 Financial District, Suite 100
New York, NY 10001
Email: legal@adullam.com
Phone: (800) 555-1234