TERMS OF USE

Last Updated: February 14, 2018

Welcome to www.DLJFinancial.com! Please review the following terms and conditions that govern your use of our Website. These terms and conditions ("Terms of Use") apply to this Website, DLJ Financial's mobile application, and all associated DLJ Financial sites linked to this Website (collectively "Website"), owned, operated, licensed and controlled by DLJ Financials, Inc., including its affiliate and subsidiary companies (collectively "DLJ Financial").

By using this Website, You agree to be bound by the following Terms of Use. Your use of this Website constitutes your agreement to all terms, conditions and notices outlined herein. If you do not consent, please do not use this Website.

DLJ Financial reserves the right at its sole discretion to change, modify, add or remove portions of these Terms of Use and our Privacy Policy, at any time. It is your responsibility to review these Terms of Use and the Privacy Policy periodically for changes. Your continued use of the Website is your acknowledgement and consent to the terms, as amended from time to time, whether or not you complete your transaction on the Website or through other channels, such as through the mobile application, by phone, email, facsimile or otherwise.

PRIVACY

By using this Website you acknowledge and agree to DLJ Financial's Privacy Policy. You may download and print these policies for your personal records. Additionally, you acknowledge and agree that, notwithstanding DLJ Financial's efforts, Internet transmissions are never completely private or secure.

USE OF THE WEBSITE

You agree that your use of this Website is subject to to and governed by these Terms of Use, you will only access or use this Website and transact business with us if you are at least 18 years old, you will comply with and be bound by these Terms of Use as they appear on this Website each time you access and use this Website, each use of this Website by you indicates and confirms your assent and agreement to be bound by these Terms of Use, and these Terms of Use are a legally binding agreement between you and DLJ Financial that will be enforceable against you. You will not use or attempt to use this Website for any purpose other than conducting business with or as otherwise prescribed by DLJ Financial. You will not use or attempt to use this Website for any unlawful or prohibited purpose.

You further agree and acknowledge that you have the sole responsibility and liability for your use of this Website and for providing or obtaining, and for maintaining, all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary or desirable for you to access and use this Website.

INTELLECTUAL PROPERTY RIGHTS

"DLJ FINANCIAL®" is a registered service mark of DLJ Financials, Inc., used under license.

All other marks used on this Website are the property of their respective owners.

This Website and all intellectual property pertaining to or contained on this Website, including, but not limited to, Web pages, source code, calculations, products, materials, data, information, text, content, functionality, services, design, layout, screen interfaces, "look and feel", and the operation of this Website (collectively "Web Page Content") are protected by various intellectual property laws, including, but not limited to, copyrights, patents, trade secrets, trademarks, and service marks; and all rights associated with the Web Page Content are owned by DLJ Financial, its licensors, or content providers.

Furthermore, you acknowledge and agree that you do not acquire any ownership rights by downloading or viewing any Web Page Content. You further acknowledge and agree that you will not in any way copy, reproduce, publish, create derivative works from, perform, upload, post, distribute, transfer, transmit, modify, adapt, reverse engineer, frame in any Web page, or alter the appearance of any Web Page Content.

You may not use Web Page Content, domain names (in whole or in part), or Email addresses related to or derived from this Website, nor any data, trademarks, functionality, service marks, trade names, brand names and/or logos contained within or derived from this Website, for any purpose.

SUBMISSIONS

You acknowledge and agree that all submissions to DLJ Financial containing any comments, improvements, suggestions, and ideas regarding this Website will become and remain our exclusive property including any future rights associated with such submissions, even if the provisions of these Terms of Use are later modified or terminated. DLJ Financial may use, publish, and commercially exploit, identical, similar, or derivative ideas originating from your submission, in any medium, now and in the future, without notice, compensation or other obligation to you or any other person.
Testimonials: You acknowledge and agree that all testimonials submitted to DLJ Financial will become and remain our exclusive property, even if the provisions of these Terms of Use are later modified or terminated. DLJ Financial may, without notice, compensation or other obligation to you or any other person, use your statement, image, or likeness, in connection with an advertisement or for any other publicity purpose. You further agree that DLJ Financial may use any percentage of your testimonial, image, likeness and/or works, in any way that it sees fit, and may exclude your name or use a fictions name herewith.

LINKING

DLJ Financial is not responsible for links to other websites. For your convenience, this Website may provide links to other websites. Unless expressly stated otherwise on this Website, DLJ Financial does not endorse, approve, sponsor or control, and we are not in any way responsible for, any of the content, services, calculations, information, products or materials available at or through any websites to which this Website may provide a link. By using this Website you acknowledge and agree that DLJ Financial will not be responsible or liable to you or any other person for any damages or claims that might result from your use of such content, services, calculation, information, products or materials.

REVISIONS AND MODIFICATIONS

You agree and acknowledge that we may revise or change these Terms of Use at any time, without notice to you, and you agree that you will be bound by the provisions of these Terms of Use as they appear on this Website at the time you access this Website. Because these Terms of Use may change, we encourage you to refer back often to these Terms of Use to stay apprised of any modified terms. In addition, you agree and acknowledge that all other content, services, products and materials on or available through this Website are subject to updating and revision without notice to you. You further acknowledge and agree that individual modifications to the Terms of Use may not be altered by contract, unless expressly permitted in writing by the President of DLJ Financial.

USER IDs AND PASSWORDS

Certain areas or features of this Website may be restricted to users who have obtained a user identification and password by completing a registration process described on this Website. Please be sure to protect and maintain the confidentiality of any user identification, password or other identifying information you may obtain in connection with your use of this Website. You agree to notify DLJ Financial immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this Website by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this Website that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised.

SECURITY

For information on how DLJ Financial uses and protects the personal information that you may provide through this Website, please review our Security Policy.

INDEMNIFICATION

You agree to indemnify DLJ Financial and its affiliates, vendors and licensors, and all of the employees, officers, directors, agents and representatives of DLJ Financial and its affiliates, vendors and licensors, against, and to hold all of them harmless from, all costs, claims, damages, expenses or other losses, including attorney's fees and court costs, that arise from or are related to your use of this Website or your breach of this Terms of Use.

DISCLAIMERS

THE WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, DLJ FINANCIAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. DLJ FINANCIAL MAKES NO REPRESENTATION OR WARRANTY REGARDING THE WEB PAGE CONTENT OR ITS USE THEREOF. THE WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL.

YOU ACKNOWLEDGE AND AGREE THAT DLJ FINANCIAL IS NOT, AND SHALL NOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS WEBSITE OR ITS OPERATION. AS TO THE OPERATION OF THIS WEBSITE, DLJ FINANCIAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DLJ FINANCIAL MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE OPERATION OF THIS WEBSITE WILL MEET YOUR OR ANY OTHER USER'S REQUIREMENTS; (B) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) ANY DEFECTS IN THIS WEBSITE WILL BE CORRECTED. YOU AGREE THAT YOU, AND NOT DLJ FINANCIAL, WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS WEBSITE.

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL DLJ FINANCIAL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES OR INJURY CAUSED BY ERROR, INACCURACY, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, TELECOMMUNICATIONS FAILURE OR COMPUTER VIRUS OR OTHER PROBLEM, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE, WHETHER IN AN ACTION ALLEGING BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE. YOU AGREE THAT DLJ FINANCIAL SHALL NOT BE LIABLE EVEN IF WE OR OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL DLJ FINANCIAL' TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN ACCESSING OR USING THIS WEBSITE OR WEB PAGE CONTENT THEREON.

AGREEMENT TO PROVIDE ACCURATE INFORMATION

In making a loan inquiry, application or in entering into any other transaction or request for information on this Website, you agree to provide accurate, true, current, and complete information upon which DLJ Financial may rely.

YOUR COOPERATION NEEDED

DLJ Financial generally begins processing your application (which may include ordering an appraisal, credit report, title commitment and other necessary items) upon the submission of a full and complete application. If you submit an application, you agree to cooperate in the application process (including submitting all required documentation in a timely manner) and if needed, to obtain information DLJ Financial may need from third parties such as your bank, employer, current mortgage company, etc. In addition, you agree to notify DLJ Financial of any changes in any information submitted in connection with your application.

GOVERNING LAW

You agree that these Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regards to any conflicts of laws principals. You agree to personal jurisdiction in the state or federal courts located in Orange County, Costa Mesa, CA.

YOU WAIVE YOUR RESPECTIVE RIGHT TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THIS AGREEMENT OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREIN. WITHOUT INTENDING IN ANY WAY TO LIMIT THE PARTIES' AGREEMENT TO WAIVE THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY, if the above waiver of the right to a trial by jury is not enforceable, the parties hereto agree that any and all disputes or controversies of any nature between them arising at any time shall be decided by a reference to a private judge, mutually selected by the parties (or, if they cannot agree, by the Presiding Judge of the Orange County, California Superior Court) appointed in accordance with California Code of Civil Procedure Section 638 (or pursuant to comparable provisions of federal law if the dispute falls within the exclusive jurisdiction of the federal courts), sitting without a jury, in Costa Mesa County, California; and the parties hereby submit to the jurisdiction of such court. The reference proceedings shall be conducted pursuant to and in accordance with the provisions of California Code of Civil Procedure §§ 638 through 645.1, inclusive. The private judge shall have the power, among others, to grant provisional relief, including without limitation, entering temporary restraining orders, issuing preliminary and permanent injunctions and appointing receivers. All such proceedings shall be closed to the public and confidential and all records relating thereto shall be permanently sealed. If during the course of any dispute, a party desires to seek provisional relief, but a judge has not been appointed at that point pursuant to the judicial reference procedures, then such party may apply to the Orange County, California Superior Court for such relief. The proceeding before the private judge shall be conducted in the same manner as it would be before a court under the rules of evidence applicable to judicial proceedings. The parties shall be entitled to discovery which shall be conducted in the same manner as it would be before a court under the rules of discovery applicable to judicial proceedings. The private judge shall oversee discovery and may enforce all discovery rules and order applicable to judicial proceedings in the same manner as a trial court judge. The parties agree that the selected or appointed private judge shall have the power to decide all issues in the action or proceeding, whether of fact or of law, and shall report a statement of decision thereon pursuant to the California Code of Civil Procedure § 644(a). Nothing in this paragraph shall limit the right of any party at any time to exercise self-help remedies, foreclose against collateral, or obtain provisional remedies. The private judge shall also determine all issues relating to the applicability, interpretation, and enforceability of this paragraph.

SEVERABILITY

You agree that if any provision of these Terms of Use shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these Terms of Use and shall not affect the validity and enforceability of such other provisions.

DISCLOSURES AND LICENSES

For disclosures and licensing information please visit: https://www.dljfinancial.com.

CONTACT US:

By Mail:

DLJ Financial, Inc.
Attn: Legal Team

3070 Bristol St., Suite 200
Costa Mesa, CA 92626

By E-Mail: info@dljfinancial.com

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