IMPORTANT – READ CAREFULLY:  These Terms of Use are a legal contract between you (whether you are using this Web site as an individual or on behalf of a business entity) and Ciena Capital for the use of the loan application and origination services available on this Web site, which includes computer software and, as applicable, associated media, printed materials, and “online” or electronic documentation (collectively, the “Service”).

BY REGISTERING FOR USE OF THE SERVICE, OR BY INSTALLING, COPYING, OR OTHERWISE USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW.  IF YOU DO NOT AGREE TO SUCH TERMS AND CONDITIONS, DO NOT INSTALL OR USE THIS APPLICATION OR THE SERVICES AND EXIT NOW.

Using The Service

You are authorized to access, use and copy information and materials available through the Service only for purposes of applying for the loan products offered by Ciena Capital and the Lenders (as defined below).  The Service may not be used to conduct or facilitate illegal, abusive or unethical activities, including, without limitation, obscenity, violations of law or privacy, hacking, computer viruses, gambling, or any harassing or harmful materials or uses. 

Our network resources may not be used to impersonate another person or misrepresent authorization to act on behalf of others or us.  All messages transmitted through the site should correctly identify the sender; you may not alter the attribution of origin in electronic mail messages or posting.  We maintain and control ownership of all IP numbers and addresses that may be assigned to you.  We reserve, in our sole discretion, the right to change or remove any and all IP numbers and addresses.

We reserve the right to deactivate or suspend use of the Service or edit or delete any information, software or other content, in our sole discretion.

Lending Services

All of the information you have provided in response to any questions and applications delivered to you as part of the Service is true and complete. You authorize Ciena Capital to check your credit history, and to provide your information, including your credit history, to third party lenders (each a “Lender” and collectively the “Lenders”) for the purposes of providing you with competitive loan quotations. You further authorize Ciena Capital and the Lenders to check your credit history and to return their decision to you via the Service. You understand that Ciena Capital and the Lenders may keep any forms you submit over the Service, whether or not you are qualified for a loan with them.

You should rely on your own judgment in deciding which available loan product best suits your needs and financial means. The Lenders are solely responsible for any services they provide to you, and you agree that Ciena Capital shall not be liable for any damages or costs of any kind or description arising out of or in any way connected with your use of any services provided to you by any Lender. The loans provided by Ciena Capital and the Lenders via the Service are available only in connection with (a) mortgage loans made on real property located in the fifty states and the District of Columbia unless otherwise specified, and (b) non-mortgage loans made to citizens and businesses that are located in the United States.  Loans may only be made to residents of, or secured by real property located in, states where Ciena Capital and/or the participating Lender(s) are licensed or authorized to make such loans.  Neither Ciena Capital nor any Lenders are attempting to make loans outside of their authorized states or country by participating in and offering their products via the Service. Ciena Capital and the participating Lenders expressly reserve the right to discontinue, suspend or terminate the offering of any loan product in any specific state or jurisdiction at any time. Ciena Capital does not guarantee acceptance into any particular loan program or specific loan terms or conditions with Ciena Capital or any participating Lender; loan approval standards are established and maintained solely by Ciena Capital and each Lender with respect to its own products and services. Likewise, Ciena Capital does not guarantee that the loan terms or rates offered and made available by Ciena Capital and the participating Lenders through the Service are the best terms or lowest rates available in your market.  Unless expressly stated in writing, nothing contained in the Service shall constitute an offer or promise for a loan commitment or interest rate lock-in agreement.

By completing and submitting the loan request forms and application documents available through the Service, you understand and agree that you are inquiring as to a lending product with Ciena Capital and each of the Lenders to whom your loan request is transmitted. By submitting the loan request, you are extending an express invitation to each of the Lenders making you loan offers to contact you by telephone at the numbers you have provided so they may assist you with your transaction, and you hereby consent to any such calls even if your phone number is on any Do Not Call list maintained by any government or government agency. 

Security

Ciena Capital uses encryption tools to protect your personal information when it is submitted through our Web site. E-mails you send us are not necessarily secure when they are transmitted to us. If your communication is very sensitive, you may want to send it by regular mail instead.  For more information, see our Privacy Policy.

In addition, we instruct our employees with access to your information that it is to be used only in adherence with the principles set forth in this privacy policy and laws applicable to Ciena Capital and its business units.  Employees who misuse customer information may be subject to disciplinary action including termination of employment.

Although Ciena Capital has taken these reasonable and appropriate measures to ensure that your personal information is delivered and disclosed only in accordance with your instructions, Ciena Capital cannot and does not guarantee that the personal information you provide will not be intercepted by others and decrypted.

Intellectual Property Rights

You are authorized to access, use and copy information and materials available through the Service only for purposes of applying for the loan products offered by Ciena Capital and the Lenders.  The information and materials, including pages and content, may not be copied, distributed, modified, published, or transmitted in any other manner, including for use for creative work or to sell or promote other products.  Violation of this policy may result in infringement of intellectual property and contractual rights of Ciena Capital or third parties which is prohibited by law and could result in substantial civil and criminal penalties.  The name Ciena Capital, the Ciena Capital mark, and other identified marks are trademarks of Ciena Capital and may not be used without our written permission.

Disclaimer

Ciena Capital intends that the information contained in its Web site be accurate and reliable; however, errors sometimes occur. In addition, changes and improvements to the information provided herein may be made by Ciena Capital at any time. THE SERVICE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.”  Ciena Capital AND THE LENDERS EXPRESSLY DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED THROUGH OR AS PART OF THE SERVICE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THE SERVICE IS AT YOUR OWN RISK. NEITHER Ciena Capital NOR THE LENDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Ciena Capital AND/OR THE LENDERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Without limitation of the foregoing, Ciena Capital is not responsible for any errors or delays in responding to a qualification form or referral form caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control.

Third Party Links

Ciena Capital’s Web site may contain links to Web sites maintained by third parties. Such links are provided for your convenience and reference only. Ciena Capital does not operate or control in any respect any information, software, products or services available on such Web sites. Ciena Capital’s inclusion of a link to a Web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.

Miscellaneous

This Agreement shall be subject to and construed in accordance with the laws of the State of New York, excluding its conflict of laws principles. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

Indemnity

As a condition of use of this Web site, you agree to indemnify Ciena Capital, its affiliates and their respective employees, officers and agents, and all Lenders and their respective employees, officers and agents, from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from your use of the Service, including without limitation any claims alleging facts that if true would constitute a breach by you of this agreement.

Important Credit Information

Because the application materials available through the Service may be considered an application for the purposes of the Equal Credit Opportunity Act, we have elected to provide you with several important notices.

You have the right under the Fair Credit Reporting Act to know the information in your credit file at the consumer reporting agency and to receive a free copy of your credit report, if you request it from the consumer reporting agency within 60 days after you receive this notice. The consumer reporting agency that provided credit information to the Lenders on our Network is listed in the enclosed letter. To obtain a free copy of your credit report, send your name, address and social security number to this consumer reporting agency. Contact information is provided in your letter.

You may also wish to contact your local consumer protection agency to learn of any rights you may have under state law.

If you find that any of the information contained in the report you receive is inaccurate or incomplete, you have the right to dispute the matter with the consumer reporting agency. However, be advised that the consumer reporting agency did not determine that no Lender match could be made and is unable to supply specific reasons why no match was made.

The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract), because all or part of the applicant’s income derives from any public assistance program, or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580.

California Residents

If the action indicated in this notice was based, in whole or in part, on any information contained in a consumer credit report, you have the right to obtain, within 60 days, a free copy of your consumer credit report from the credit reporting agency which compiles and maintains files on consumers on a nationwide basis. You also have the right to dispute the accuracy or completeness of any information in a consumer credit report furnished by the consumer credit reporting agency by contacting that agency directly using the contact information supplied in the enclosed letter.

Connecticut Residents

The Connecticut Home Mortgage Disclosure Act prohibits discrimination against mortgage loan or home improvement loan applicants solely on the basis of the location of the property to be used as security. The agency which enforces compliance with this law is:

The Connecticut Banking Commissioner

260 Constitution Plaza

Hartford, Connecticut 06103

If you believe that you have been unfairly discriminated against, you may file a written complaint with the Commissioner at the above address (Conn. Gen. Statutes, Chapter 669, Part 9).

Massachusetts Residents

The federal Equal Opportunity Act and comparable provisions of Massachusetts law prohibit creditors from discriminating against credit applicants on the basis of race, color, religion, creed, national origin, sex, sexual orientation, ancestry, handicap, marital status, age (provided that the applicant has the capacity to enter into a binding contract), or because all or part of the applicant’s income derives from any public assistance program. The federal Equal Credit Opportunity Act also prohibits creditors from discriminating against credit applicants because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The state agency that administers compliance with the state law is the Massachusetts Commission Against Discrimination, One Ashburton Place, Boston, Massachusetts 02108.

New York Residents

The state agency that administers compliance with Section 296-a of the Executive Law (which is similar to the federal Equal Credit Opportunity Act) is the State of New York Banking Department, Two Rector Street, New York, New York 10006.

Ohio Residents

The Ohio laws against discrimination require that all creditors make credit equally available to all credit worthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law.

Washington Residents

Washington state law against discrimination prohibits discrimination in credit transactions because of race, creed, color, national origin, sex or marital status. The Washington State Human Rights Commission Administers compliance with this law.