Last Updated 8/2/2023
Summary of changes:
Your financial institution or mortgage loan servicer is offering online access to your loan pursuant to an agreement with Cenlar FSB, which provides online access to your loan.
PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY ACCEPTING THESE TERMS AND CONDITIONS, OR BY ACCESSING YOUR LOAN ONLINE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ACCEPT THEM IN FULL, AS THEY MAY BE MODIFIED BY CENLAR FROM TIME-TO-TIME AND PROVIDED TO YOU OR POSTED IN THIS LOCATION. IF YOU DO NOT AGREE, YOU ARE NOT AUTHORIZED TO, AND SHOULD NOT ACCESS YOUR LOAN ONLINE.
Importantly, by accepting these Terms and Conditions, you are agreeing:
We recommend that you retain a copy of these Terms and Conditions for your records.
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1. Definitions
The following terms used in these Terms and Conditions have the meanings indicated:
“Borrower, “you” or “your” refers to any user of online access to your loan, including individuals who are borrowers under the loans for which information is provided through online access to your loan and individuals and delegates authorized by those borrowers to view loan information and effect transactions relating those loans.
“Cenlar”, “us,” “we” and “our” refers to Cenlar as the provider of online access to your loan, including Cenlar’s affiliates, as applicable, unless the context otherwise requires.
“Contents” means the information, names, images, pictures, logos, icons, documents, and materials provided via online access to your loan.
“Lender” means the owner of any loan for which information is provided via online access to your loan.
“Loan” means a loan or mortgage account for which information is available through online access to your loan
“LTV” or “loan to value ratio” is shown on the Loan Calculator screen and is the percentage of your principal balance as compared to the original value of your home. Original value is defined as the contracted purchase price or the original appraised value of your property at closing, whichever is less.
2. Other Documents Included in the Terms and Conditions
In addition to the Terms and Conditions themselves, the following are also part of these Terms and Conditions, will be binding on you, and are incorporated by reference:
Also, the Loan accounts accessed online and your accounts with other financial institutions from which you may make payments are governed by separate agreements, which will continue to apply to those accounts. If these Terms and Conditions conflict with any of those agreements, or any of those agreements have terms in addition to those contained in these Terms and Conditions, then the other agreement will govern the matters that it addresses, unless these Terms and Conditions specifically provide otherwise.
The definitive version of these Terms and Conditions is in the English language, which will govern in the case of a conflict with any version we may provide in any other language.
3. Authorized Uses of Online Access to your Loan
Subject to these Terms and Conditions, you may use online access to your loan to:
All services and information provided through online access to your loan are solely for the personal use of authorized users. You may not copy (other than a copy for personal use), modify, distribute, transmit, display, perform, reproduce, transfer, resell, or republish any information provided through online access to your loan without our prior written consent, which may be withheld in our sole discretion.
You may not access or use online access to your loan, or any information provided through it, for any unauthorized purpose. In particular, you may not use online access to your loan:
Additionally, you agree not to:
4. Authorized Users of online access to your loan
Each of the borrowers under a Loan may access and use online access to your loan, obtain any information, make any request, or effect transactions relating to the Loan, to the extent allowed by agreements covering the Loan. You may also authorize delegates to do any of these things. If you authorize a delegate (including by giving them your username and password), we will be entitled to provide information to, accept requests from, and effect transactions initiated by your delegate through online access to your loan just as we would for you. If you want to prevent a delegate from accessing online access to your loan, you must change your password and not provide it to that person.
We will be entitled to rely on your authority to execute all transactions initiated by you or your delegate. We will have no obligation to conduct any further verification of that authority, including any requirement for multiple signatures that may otherwise apply. This provision controls and takes precedence over any conflicting provision in any other agreement.
You agree that:
5. Usernames and passwords to access your loan online
To access your loan information online, you need a username, a password, internet access and appropriate computer hardware or mobile device and software, as indicated below.
Online access is supported for the following internet browsers:
Online access to your loan is compatible with the following mobile device operating systems:
Documents and correspondence require PDF viewing software, such as Adobe Reader for PC, or for Macintosh. Free downloads of this software are available from the Adobe website. We also recommend that you use appropriate anti-virus software.
You are responsible for ensuring that your browser version, computer operating system, software, plug-ins, and anti-virus software are up-to-date and operating properly. You must take care to sign off from online access to your loan when your session ends to prevent unauthorized persons from using online access to your loan.
You must have at all times an email address that you can access and that can receive email from us to register for and continue to use online access to your loan.
You also must comply with any security procedures we require. You’ll generally be able to access online access to your loan 24 hours each day. However, we do not guarantee continuous or uninterrupted access and sometimes online access to your loan may be unavailable due to maintenance or for other reasons. If you cannot access online access to your loan, you may be able to contact us by calling Customer Service at the telephone number shown on your billing statement or coupon book.
We may terminate or suspend access to your loan online without notice if (a) you violate any of these Terms and Conditions or any other agreement you have with us, your lender or mortgage loan servicer, or the provider of any account from which you make payments, (b) your loan is paid off or transferred to another lender or servicer, (c) our agreement with your lender or mortgage loan servicer is terminated, or (d) you have no Loans for which information is provided through online access to your loan or don’t access or use online access to your loan for an extended period. We are not required to reinstate or re-activate your access.
You need a username and password to access online access to your loan. We recommend that you change your password regularly for online access to your loan, select a unique username and password combination for use only with online access to your loan, and memorize it rather than writing it down. Usernames and passwords must meet the standards we establish. These standards will be available for your reference whenever you create or change a username and/or password. We may require you to change or update your username and/or password at any time. If we change these standards, you may have to change your password to meet the new standards. We aren’t required to give you advance notice that we have changed the standards, or that we’re requiring you to change or update your password. You are responsible for keeping your password confidential.
You must notify us immediately if you suspect fraudulent activity relating to online access to your loan and your loans, if you believe that your password may have been lost or stolen, or that someone accessed online access to your loan and your loan information, or conducted transactions relating to your loans through online access to your loan, without your permission.
6. Use of the Mobile Application
If you are accessing online access to your loan through Mobile application (the “Mobile App”), the following additional terms apply. You understand that certain functionality of online access to your loan may not be available through the Mobile Application. You agree to use the Mobile App in accordance with these Terms and Conditions and any applicable third party terms, rules or agreements, such as those published by your third-party mobile phone or tablet operating system, wireless data service provider, or the third party from whom you are downloading the Mobile App using iTunes or Google Play, as applicable. You are responsible for reviewing the applicable iTunes or Google Play terms and conditions and complying with such terms and conditions while using the Mobile App.
Without limitation of the foregoing, if you download the Mobile App through iTunes for use on an Apple-branded product, the following terms apply:
7. Make a Payment and Autopay Services; Changing or Cancelling Payments
Make a Payment (also know as One-Time Online Payment) is a free service that allows you to make your mortgage payment directly from your checking or savings account via electronic funds transfer.
Autopay (also known as drafting, auto draft, or ACH – automated clearing house) is a free service that allows you to pay your loan automatically each month using a checking or savings account.
Use of either service is subject to the terms, conditions, limitations, disclosures and instructions presented on online access to your loan. Payments are also subject to any terms and conditions imposed by the financial institution that holds your payment account, any agreement you may have with that financial institution, and the rules and regulations of the payment system through which the payment is made. You may not initiate any funds transfers from a payment account that is not allowed under the rules or regulations applicable to such account, including rules or regulations designed to prevent the transfer of funds in violation of the Office of Foreign Asset Control regulations or other applicable law. Subject to all of those terms and conditions, we will use reasonable efforts to process and collect any funds transfer you authorize, but will not be liable if we are unable to do so. Funds transfers may take several days to be processed and you should initiate a funds transfer at least 15 days prior to any payment due date to be sure that it is received on time.
Upon learning that any funds transfer could not be completed, we may, but are not required to, make a reasonable effort to complete the transfer again or notify you of the failure. If the funds transfer fails, you should contact your financial institution to learn more about the failure.
Autopay authorizations will remain in effect until (a) you cancel them, (b) your loan is paid in full, or (c) you fail to meet the requirements for Autopay.
If you want to change or cancel a One-Time Online Payment, you must terminate your authorization through online access to your loan using the chat function or call the number on your billing statement. You may cancel your payment until 9 pm EST on the date your payment is scheduled to be withdrawn. If you want to change or cancel an Autopay funds transfer, you must terminate your authorization through online access to your loan or in a writing sent by fax to (609) 718-1735, or by mail to: Drafting Department, PO Box 77421, Ewing, New Jersey, 08628. You understand that we need at least 15 days after we receive your notice to change or cancel an authorization. While we may attempt to assist you in changing or cancelling a pending funds transfer, any limitations on those actions in the agreement with your financial institution that governs your payment account will apply. Changing or cancelling a funds transfer does not relieve you of any responsibility to pay all amounts due on your loan on time and in full. We reserve the right to decline (a) any funds transfer or (b) to submit funds transfer instructions or orders, or (c) to carry out change or cancellation requests. We also won’t be liable if:
Your transfer instructions submitted through online access to your loan are the authorization for us to electronically debit your account (and, if necessary, electronically credit your account to correct erroneous debits) in accordance with those instructions. You authorize us to use information you submit to complete the funds transfers you initiate. The financial institution at which your account is maintained may contact us to verify the content and authority of funds transfer instructions and any changes to those instructions and we may provide to that financial institution such information as may be required to verify the instructions and comply with any security procedures such financial institution may require or we may agree upon with them on your behalf.
With respect to all funds transfers initiated through the Make a Payment or Autopay services, you represent and agree that:
You agree to reimburse us for the costs and expenses (including attorneys’ fees and expenses) we incur if any of these representations is not true.
Your relationship with the financial institution holding your payment account is entirely independent from your relationship with us and with your lender or mortgage servicer, none of whom will have any responsibility for any acts or omissions by such financial institution.
8. Notifications Service
Notifications is a free service that allows you to receive e-mail messages about your loans.
Notifications are enabled as part of your registration on the website. Should you wish to designate a time/day as being inconvenient and discontinue receiving Notifications, you are also consenting to the removal of your online access.
If you elect to re-enroll in online access, you consent to the receipt of Notifications outside of your designated inconvenient time/day.
The Notifications service is provided for your convenience only. Receipt of notifications may be delayed or prevented by factors affecting your e-mail, internet, or cellular or wireless service. We are not liable for any losses resulting from:
We may change, suspend, or terminate the Notifications service or your use of it at any time and without notice.
9. Paperless Statements Service; Additional Terms and Conditions for Electronic Documents
You can receive certain electronic documents and communications through online access to your loan and also have the opportunity to enroll in separate services called “Paperless Statements”. Your enrollment in Paperless Statements is free and it is designed to allow you the opportunity for faster document delivery, the ability to access your important loan correspondence from any personal computer, provide for the retention of your loan correspondence, and the ability to still print your documents if needed.
By accessing or using online access to your loan or enrolling in Paperless Statements, we give you the ability to access information and documents related to your loan electronically and convert paper mail related to your loan into electronically presented mail through the Paperless Statements program. If you qualify to get your mail electronically, electronically presented periodic statements, formerly called E-Bill or eDocs, are included for you in the Paperless Statements program. If you currently receive coupon books please note that you will continue to get your coupon books sent to you by regular mail, but you will get other loan related correspondence presented to you electronically.
By agreeing to these Terms and Conditions and enrolling in Paperless Statements, you are authorizing us to provide you access to your documents electronically and deliver correspondence concerning your mortgage account by electronic means. You understand and agree that by requesting Paperless Statements, you WILL NOT receive some correspondence in paper form and delivered by regular United States Postal Service mail. You agree that Paperless Statements will satisfy our requirement to provide you a periodic billing statement of your account activity, if you are eligible for these electronic periodic statements. You agree as well to receive all other important loan information and communications about your residential mortgage loan that we are permitted by law to provide to you by electronic means.
We suggest that you save a copy of your electronically delivered communications for your records.
The following terms and conditions of use are required for participation in the Paperless Statements program and you consent and agree to:
Disclosures Regarding Paperless Statements and Electronic Communications
You are responsible for the payment of your bill. You are also responsible for any costs of wireless, internet or data service to reach us to use this service. If a payment cannot be completed or is refused because of insufficient funds or credit limits, you agree that you are responsible for:
You have a right to receive this disclosure in paper form. To receive a paper disclosure, please contact us by telephone or mail. Please refer to your billing statement or coupon book for the appropriate contact information.
Even though you have requested electronic delivery of your statements and other electronic loan documents, you may obtain a paper copy of your account statement or other loan documents for no additional fee. You may request a copy of your statement by contacting us by telephone or mail. Please refer to your billing statement or coupon book for the appropriate contact information about requesting paper copies of electronic documents.
Upon receipt of your consent, we will send you an e-mail notification of the availability of your Paperless Statements item, your billing statement, or other electronic loan correspondence, using the e-mail address you provide. Please allow twenty-four to forty-eight hours, excluding weekends and holidays, for enrollment of electronic delivery of Paperless Statements notifications and information to take effect. You may continue to receive mail after enrolling in electronic delivery of Paperless Statements.
You have the option to opt-out of and withdraw your consent to the Paperless Statements program at any time using the instructions found after accessing our website. Opting out of Paperless Statements will automatically change the delivery method of your loan billing statements and other electronic loan document materials from electronic delivery to delivery via the U.S. Postal Service at the mailing address of record associated with the loan account. There are no penalties or fees for withdrawing your consent for Paperless Statements.
We may terminate use of Paperless Statements services for any user if that user has used the Paperless Statements services in any way that is contrary to law or in any way that breaches these Terms and Conditions or disrupts the Paperless Statements services. We are not liable for failures of Paperless Statements transmissions due to:
Paperless Statements is generally available 24 hours a day, however this service may be unavailable from time to time for software and hardware maintenance, or due to unscheduled down time. The Paperless Statements website is subject to maintenance from 6AM to Noon (EST) on Sunday and may be unavailable at that time.
You agree to indemnify and hold us harmless from all claims, liabilities, damages, losses, including reasonable legal fees and expenses, due to or arising out of your use of the Paperless Statements program, any offered service, or your breach of the Paperless Statements Terms and Conditions.
Change in Terms - It may be necessary from time to time to change the terms or conditions regarding your statement or loan document access. In the event such a change is necessary we will notify you via electronic mail and by written notification.
Virus Protection - We are not responsible for any software virus or other malware or malicious code that you may encounter. We suggest that you routinely scan your personal computers using a malware protection product. An undetected virus or other malicious software may corrupt and destroy your programs, files, and hardware.
10. Privacy Practices; Your Authorizations of Us; Communications and Records
IN MAINTAINING AND SERVICING ONLINE ACCESS TO YOUR LOAN, CENLAR MAY OBTAIN, USE, SHARE AND OTHERWISE PROCESS INFORMATION ABOUT YOU AND YOUR DEVICE, AS DESCRIBED IN THE CENLAR ONLINE PRIVACY NOTICE. BY ACCEPTING THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND CONSENT TO THE PRACTICES DESCRIBED IN THE CENLAR ONLINE PRIVACY NOTICE, AVAILABLE HERE.
ONLINE ACCESS TO YOUR LOAN MAY BE MAINTAINED AND SERVICED BY CENLAR ON BEHALF OF THIRD PARTIES. THE PRIVACY PRACTICES OF THE RELEVANT THIRD PARTIES, INCLUDING DETAILS ON THE INFORMATION THEY MAY COLLECT ABOUT YOU AND HOW THEY MAY USE AND SHARE THAT INFORMATION, IS SUBJECT TO THE PRIVACY STATEMENTS OF THESE THIRD PARTIES, WHICH IS POSTED WITHIN ONLINE ACCESS TO YOUR LOAN. WE STRONGLY SUGGEST YOU REVIEW SUCH PRIVACY STATEMENTS.
You specifically authorize us to provide access to your loan information and accounts through online access to your loan to you and your delegates and to process funds transfers that you initiate through online access to your loan. You authorize us to send emails, SMS (including text) messages, push notifications and other communications to you and others on your behalf, if needed to carry out your instructions regarding a loan or funds transfer and, if your register for it, pursuant to the Notifications service. These communications may identify you by name and may state that we’re sending them on your behalf and according to your instructions. You will be responsible for any charges related to those communications imposed by your internet, email, telephone, wireless or data service or other communications service provider. These communications may not be encrypted, and may include your name and information pertaining to your loans. You certify, warrant and represent that the mobile number you have provided to Cenlar is your number and no one else’s, and that you are permitted to receive SMS messages at the mobile number you have provided to us. You agree to promptly alert us upon deactivating your mobile number.
Except where expressly indicated otherwise, transmissions to and from online access to your loan or directed to us, including e-mails, are not sent in a secure form and can be intercepted by third parties and may not be immediately received by the appropriate business unit at Cenlar. Please do not use e-mail to send us communications which contain confidential information, which we require to be in writing, or which need our immediate attention. Please call the Customer Service telephone number shown on your billing statement or coupon book or write us instead at this address: Cenlar FSB, 425 Phillips Blvd., Ewing, NJ 08618. Any transmission through online access to your loan, including e-mails and “chats”, shall be deemed and remain the property of Cenlar. We will be free to use, for any purpose, any ideas, concepts, know-how, or techniques provided by you to us through this Loan Portal.
Our records, kept in the regular course of business, shall be presumed to accurately reflect the contents of your instructions to us and, in the absence of manifest error, will be binding and conclusive.
11. No Warranties
Although we attempt to provide accurate Contents on online access to your loan, we make no representation, endorsement, or warranty that such Contents are accurate or suitable for any particular purpose and you agree that we have no liability if they are not.
We may establish links between online access to your loan and one or more websites operated by third parties. Some of those websites may allow you to download information, software or other contents. We have no control over, and do not edit, review, test, or approve, any such other websites, their contents, or any such information, software or other contents. The existence of any such links shall not constitute an endorsement by Cenlar of such websites, the contents of the websites or any information or software provided through them, or the operators of the websites.
ONLINE ACCESS TO YOUR LOAN, ITS CONTENTS, AND ANY LINKS TO THIRD PARTY WEBSITES ARE PROVIDED ON AN “AS IS” BASIS. USE OF ONLINE ACCESS TO YOUR LOAN, ITS CONTENTS, AND ANY THIRD PARTY WEBSITES IS AT THE USER’S SOLE RISK. ONLINE ACCESS TO YOUR LOAN, ITS CONTENTS, AND ANY LINKS TO THIRD PARTY WEBSITES ARE PROVIDED WITHOUT ANY REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ONLINE ACCESS TO YOUR LOAN IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE FOREGOING LIMITATIONS DO NOT APPLY TO WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW.
12. Limitations of Liability
IN NO EVENT WILL WE OR OUR AFFILIATES, OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, CONTRACTORS OR AGENTS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH ANY PARTY’S USE OF ONLINE ACCESS TO YOUR LOAN OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO ONLINE ACCESS TO YOUR LOAN OR ANY WEBSITE OPERATED BY ANY THIRD PARTY OR ANY CONTENTS OF ONLINE ACCESS TO YOUR LOAN OR ANY OTHER WEBSITE OR MOBILE APPLICATION OPERATED BY ANY THIRD PARTY, EVEN IF WE ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. WE ALSO HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS TO YOUR LOAN INFORMATION OR PAYMENT ACCOUNTS OR RELATED DATA AS A RESULT OF YOUR ACCESS TO ANY THIRD PARTY WEBSITES OR INSTALLATION OR USE OF ANY THIRD-PARTY SOFTWARE.
You understand that some states do not allow limitations on how long an implied warranty lasts, so that the above limitations may not apply to you, and that you may also have other rights, which vary from state to state.
We also are not liable for unavailability of online access to your loan or any related service due to your failure to comply with these Terms and Conditions or circumstances beyond our reasonable control such as, but not limited to:
13. Indemnification
You agree to indemnify, defend and hold us and our affiliates, and our and their officers, directors, employees, licensors, contractors and agents, harmless from any and all third-party claims, liability, damages, and/or costs (including but not limited to reasonable attorneys’ fees and costs of defense and investigation) arising from:
We reserve the right to defend/control (at our own expense) any matter otherwise subject to indemnification by you. In such a case, you will cooperate with us in asserting any available defenses. You won’t settle any action or claims on our behalf without our prior written consent.
14. Governing Law and Venue; Waiver of Jury Trial
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to the conflict of laws thereof that would require the application of the law of any other jurisdiction, and to the laws of the United States. Subject to the provisions of these Terms and Conditions regarding mandatory binding arbitration, below, the parties agree that all disputes relating to or arising out of these Terms and Conditions, online access to your loan and all related services, at any time (“Covered Disputes”) shall be exclusively subject to the jurisdiction of the federal or state court in Mercer County, New Jersey and that both parties waive the right to a jury trial or a trial before a judge in court with respect to any Covered Dispute. Covered Disputes do not include disputes between you and your lender or mortgage servicer that relate to your loan or the servicing of your loan, which remain subject to the provisions of your promissory note, line of credit agreement, mortgage, deed of trust, or other security instrument (as applicable) and applicable legal remedies.
15. Mandatory Binding Arbitration, Waiver of Jury Trial and Class Action Waiver
YOU AND WE AGREE THAT ALL COVERED DISPUTES, REGARDLESS OF THE NATURE OF THE CAUSE(S) OF ACTION ASSERTED (INCLUDING CLAIMS FOR INJUNCTIVE, DECLARATORY, OR EQUITABLE RELIEF), SHALL BE RESOLVED BY MANDATORY BINDING ARBITRATION. CLAIMS SUBJECT TO ARBITRATION INCLUDE CLAIMS THAT ARE MADE AS COUNTERCLAIMS, CROSS CLAIMS, THIRD PARTY CLAIMS, INTERPLEADERS, OR OTHERWISE. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, AND YOU AND WE AGREE TO WAIVE ANY RIGHT THAT YOU OR WE MIGHT OTHERWISE HAVE HAD TO A JURY TRIAL OR THE OPPORTUNITY TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY. YOU FURTHER AGREE THAT YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL) TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY; NOR WILL YOU BE ABLE TO PARTICIPATE AS A CLASS MEMBER IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN ARBITRATION OR IN COURT BEFORE EITHER A JUDGE OR JURY.
Either you or we may require the submission of a Covered Dispute to binding arbitration at any reasonable time, even if a lawsuit or other proceeding has begun. If either you or we fail to submit to binding arbitration following a proper demand, the one who fails will bear all costs and expenses (including attorneys’ fees and expenses) incurred by the other in compelling arbitration.
Each arbitration, including the selection of the arbitrator, will be governed by the Federal Arbitration Act (as applicable) and administered by the American Arbitration Association (“AAA”) or such other administrator as you and we may agree to (the AAA or such other administrator is referred to as the “Arbitration Administrator”), according to the Commercial Arbitration Rules and the Supplemental Procedures for Consumer Related Disputes (“AAA Rules”), provided, that this Section supersedes any conflicting provision of the AAA Rules.
To commence an arbitration, call any office of the AAA or visit the AAA Website at www.adr.org.
You and we each agree to take all steps and execute all documents necessary to implement the arbitration. The arbitrator may hear and rule on appropriate dispositive motions as part of the arbitration proceeding, such as motions for judgments on the pleadings, summary judgment, or partial summary judgment. The arbitrator will decide any dispute regarding the enforceability of this Arbitration Provision.
All parties (the AAA, the arbitrators, you and us) must, to the extent feasible, take any action necessary to ensure that an arbitration proceeding, as described in this Section, is completed within 180 days of filing the Covered Dispute with the AAA. The parties must not disclose the existence, content, or results of the arbitration, except for disclosures of information required in the ordinary course of business or permitted by applicable law or regulation. This provision will be liberally construed to ensure enforcement.
Arbitration proceedings are conducted in the state where you reside or at a location determined by the AAA. All statutes of limitations that apply to any Covered Dispute apply to any arbitration between you and us.
Arbitration fees shall be determined by the rules or procedures of the Arbitration Administrator, unless limited by applicable law. Please check with the Arbitration Administrator to determine the fees that apply to any arbitration you may file. If the law that applies to this Agreement limits the amount of fees and expenses you have to pay, then no allocation of fees and expenses to you shall exceed this limitation. Unless inconsistent with applicable law, each of us shall bear the expense of our own attorney, expert and witness fees, regardless of which of us prevails in the arbitration.
16. Available Only Where Permitted by Law; Export Control
Online access to your loan and other products and services of Cenlar and its affiliates are available only in the United States and other countries where permitted by law. Not all of the products or services described on the portal are available in all geographic areas. Your eligibility for particular products or services is subject to final determination by and the approval of Cenlar. No solicitation is made by Cenlar to any person to use any information, materials, products or services in any jurisdiction where the provision of such information, materials, products and services is prohibited by law.
The U.S. government controls the export (including downloads) of products and information containing encryption (“Controlled Technology”) under the Export Administration Regulations (“EAR”). Online access to your loan may contain Controlled Technology subject to the EAR. In using online access to your loan, you agree not to access Controlled Technology if prohibited by U.S. export control laws.
17. Modifications, Suspension and Termination
We may at any time suspend, terminate or make modifications, changes, or alterations to online access to your loan and any of the related services, including these Terms and Conditions and any fees associated with online access to your loan or such services, without prior notice. You are responsible for regularly reviewing these Terms and Conditions. Your continued use of this Loan Portal following any modifications, changes, or alterations shall constitute your acceptance of such modifications, changes, or alterations.
18. Severability
To the extent any portion of these Terms and Conditions is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms and Conditions, as so modified, shall remain in full force and effect. Notwithstanding the preceding sentence, if any of the provisions of the “Mandatory Binding Arbitration, Waiver of Jury Trial and Class Action Waiver” Section dealing with class action, class arbitration, private attorney general action, other representative action, joinder, or consolidation is found to be unlawful or unenforceable, the invalid provision will not be severable and this Section shall be unenforceable in its entirety.
19. No Waiver
No waiver by Cenlar of any right under or term or provision of these Terms and Conditions will be deemed a waiver of any other right, term, or provision of these Terms and Conditions at that time or a waiver of that or any other right, term, or provision of these Terms and Conditions at any other time.
20. Copyrights and Other Intellectual Property
Except where otherwise expressly noted, all Contents of online access to your loan, including the graphics, icons and overall appearance of online access to your loan, are the sole and exclusive property of Cenlar and/or its affiliates. Certain of Cenlar’s trademarks and/or service marks are also listed below. The posting of the Contents of this Loan Portal neither constitutes a waiver of any of Cenlar’s proprietary rights or any other party’s proprietary rights, including but not limited to, copyrights, trademarks, servicemarks, patents, and other intellectual property, nor a transfer by implication, estoppel, or otherwise of any such rights or of any license to online access to your loan user or to any third party. Contents of online access to your loan are protected by United States and international copyright laws, both as individual works and as a collection and by United States and international trademark laws. You agree not to delete any copyright, trademark or similar notice from any Contents you obtain through online access to your loan.
The display of the above trademarks or servicemarks within this Loan Portal does not grant a license of any kind to the reader. Any downloading of Contents of online access to your loan or any website linked to online access to your loan may be a violation of federal and other trademark laws and federal copyright laws.
21. Contacts
If you have questions about online access to your loan, you may contact Cenlar FSB about online access to your loan by E-mail at email_support@loanadministration.com, by phone at 609-883-3900, or by mail at this address: Cenlar FSB, 425 Phillips Blvd., Ewing, NJ 08618.
If you have questions regarding your loan, you may contact Customer Service at the number shown on your billing statement or coupon book.
22. Survival
These Terms and Conditions (including Sections 11 through 15) shall survive any termination of your use of online access to your loan, the repayment in full of your loans, or the termination of any other relationship between you and us.
23. SMS Wireless Policy
By providing your cell phone number, you have given us consent to send text messages in conjunction with the services you have requested. According to FCC, CTIA, and TCPA regulations and guidelines you agree to the following:
You agree and consent to be contacted by the Company, Our agents, employees, attorneys, affiliates, subsequent creditors, loan servicing companies, and third-party collectors through the contact information provided.
Opt-out or STOP
If you wish to stop receiving text messages from Cenlar FSB, reply STOP to any text message sent.
Help or Support
If at any time you need contact information or information on how to stop text messages, reply to any text message sent by replying HELP.
Any questions regarding this policy or to have a copy of the policy mailed to your address of record please use the contact information as identified in Section 21 above.