Please read these Terms and Conditions of Use (“Terms and Conditions”) carefully. These Terms and Conditions constitute a legal agreement between Second Street, Inc. and its affiliates (collectively, "Second Street," "the Company,"  “we,” “our,” or “us”) and you (“you” or“ your”). Your right to use the Services (defined herein) is expressly conditioned upon your acceptance of the Terms and Conditions. By using the Services, you agree to be bound by: (1) these Terms and Conditions, (2) our Privacy Policy, and (3) the E-SIGN Consent Agreement. If you do not agree with these Terms and Conditions, please do not use the Services.

THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION IN SECTION 15(b).PLEASE READ THIS NOTICE CAREFULLY, AS IT MAY AFFECT YOUR LEGAL RIGHTS. UNLESSYOU (1) ARE A COVERED BORROWER AS DEFINED BY THE MILITARY LENDING ACT, 10U.S.C. § 987, OR (2) EXERCISE YOUR RIGHT TO REJECTARBITRATION UNDER SECTION 15(b), YOU WAIVE THE RIGHT TO HAVE A DISPUTE HEARDIN COURT AND CANNOT PARTICIPATE IN A CLASS ACTION. IF YOU ELECT TO REJECT THEARBITRATION PROVISION, YOU MUST DO SO IN ACCORDANCE WITH THE TERMS OF SECTION15(b)(v).

1.   The Services

Through our technology platform (including our website and application portal), we market and provide customer support in connection with certain mortgage products offered by Second Street CR, S.R.L. The “Services” as used in these Terms and Conditions cover (i) your use of our website and application portal, in connection with your application for, and access to, those mortgage products, and (ii) any other services we provide in connection with our website and application portal.

2.   Changes to the Terms and Conditions

We reserve the right, in our sole discretion, to change these Terms and Conditions from time to time. Such changes will not impose additional obligations on you with respect to actions you took before the change(s) became effective. We will post changes to these Terms and Conditions on the website at mysecondstreet.com/terms-of-use and in our application portal. The change(s) will become effective upon our posting of the change in Terms and Conditions on the website and application portal. If required by applicable law, we will provide you with prior notice of the change(s), which will be made available on the application portal or website and delivered electronically using the most recent contact information we have on file for you. If prior notice is not required by applicable law, we will use commercially reasonable efforts to inform you of any changes made to the Terms and Conditions, but it is your responsibility to review the Terms and Conditions posted to our website and application portal from time to time to see if these Terms and Conditions have been changed. Your use of our Services after being notified of the change(s) if prior notice is required by applicable law, or after changes to our Terms and Conditions have been posted to our website or application portal if prior notice is not required by applicable law, constitutes your acceptance of the change in Terms and Conditions.
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3.   No Financial Advice

The information provided on the website and application portal is for general informational purposes only and should not be considered as financial advice. Second Street is not a financial advisor, and the content on this website or within the application portal does not constitute professional financial advice. Visitors are encouraged to consult with qualified financial professionals for advice regarding their individual financial situations.

4.   Accuracy of Information

While we strive to keep the information on this website and application portal accurate and up-to-date, Second Street makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the website and application portal or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is strictly at your own risk.

5.   Eligibility

To be eligible to use the Services, you must be at least 18 years old (19 years old if you area ward of the state in Nebraska) and a resident of the United States or its territories. You represent and warrant that you are eligible to use the Services.

6.   Loan Terms and Conditions:

Second Street CR, S.R.L. offers various mortgage products, each subject to specific terms and conditions. Loan approval is contingent upon meeting these requirements, and terms may be subject to change without notice. If you approved for a loan product, you will also be required to enter into a loan agreement. The terms and conditions of each loan product are outlined in individual loan agreements. These Terms and Conditions are intended to supplement the individual loan agreements. To the extent practicable, the Terms and Conditions and the loan agreements shall be interpreted to give effect to all terms herein and therein, and to avoid any conflict of terms. In the event of a conflict, unless otherwise expressly provided herein or therein, the applicable loan agreement shall control with respect to the loan product.
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7.   Collecting Information About You.

By using the Services, you authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity and to collect information about you in accordance with the Customer Identification Program (CIP) rules implementing Section 326 of the USA PATRIOT Act and our Privacy Policy. This may also include asking you for further information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address or financial instruments, or verifying your information against third party databases or through other sources. We may also ask you for identifying documents to help us validate your identity. We reserve the right to close, suspend, or limit access to the Services in the event we are unable to obtain or verify this information. When you provide information to us, you agree to provide only true, accurate, current and complete information about yourself and you agree not to misrepresent your identity. You further agree to keep the information and contact information you provide up to date and accurate, and to promptly notify us of any changes to such information.

8.   Restricting Your Access to the Services

We reserve the right to place a hold on, restrict, suspend, or terminate your use of the Services if we suspect irregular, fraudulent, suspicious, unlawful or otherwise unauthorized activity. We may attempt to notify you of such a hold, restriction, suspension, or termination but are not required to provide notice prior to placing the hold, restriction, suspension, or termination thereafter. We also may attempt to contact you to obtain additional information regarding your activity. We will not be held liable for any loss you incur as a result of the hold, restriction, suspension or termination of your use of the Services.
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9.   Third-Party Links

We may rely on third-party providers to assist us in making the Services available to you. This website and application portal may contain links to third-party websites for your convenience. Second Street has no control over the content or availability of these sites linked to or from our website and application portal, and is not responsible for their content. Inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Your use of such features constitutes your agreement to be bound by the additional terms and conditions and the privacy policies, as applicable, of relevant third-party providers. You should review the privacy policies and terms and conditions of such third parties prior to use of those features and providing any personal information. By selecting and utilizing those features as part of the Services, you acknowledge that we and our third-party providers may gather information about you and that the third-party providers may transfer, store, and process your information in accordance with their respective privacy policies. YOUFURTHER AGREE THAT WE HAVE NO LIABILITY TO YOU ARISING OUT OF YOUR USE OFTHIRD-PARTY PROVIDER SOFTWARE OR WEBSITES.

10.   Privacy Policy

Second Street is committed to protecting your privacy. Please refer to our Privacy Policy for information on how we collect, use, and safeguard your personal information.

11.   Copyright Notice

This website and application portal and all material and content (including but not limited to text, data, articles, designs, software, photos, images, and other information, the “Site Content”) are proprietary to, and the property and copyright of Second Street, Inc. (or the relevant third-party owner), with all rights are reserved. Any redistribution or reproduction of part or all of the Site Contents in any form is prohibited, except with our express written permission. You may only access and use the website, application portal, and the Services for their intended purpose, and any access to, or use of, the website, application portal, or Services that is not expressly authorized herein is strictly prohibited. Nothing on this website or within the application portal should be construed as granting the user any license or right to use any Site Content within the Services or the website or application portal, whether owned by us or a third party, without prior written approval of us or the respective owner. All third-party marks, products, and company names are property of their respective owners. Unless expressly provided, use of such marks does not imply any affiliation with, endorsement by, or association of any kind between such owners and us.

12.   Indemnification  
You agree to indemnify, defend and hold us harmless from any liability, including reasonable attorneys' fees, related to your use of the Services, including any losses we incur as a result of your use, acts, or omissions, or any violation of these Terms and Conditions, or your loan agreement.

13.   Limitation of Liability 
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You agree that absent our fraud, gross negligence, or willful misconduct, we shall have no liability whatsoever for anything we do in connection with these Terms ANDCONDITIONS, or for your use of the services. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATESARE NOT LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL ORCONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OFWARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE; NOR ARE WE OR OUR AFFILIATESLIABLE FOR ANY THIRD PARTY CLAIMS OF ANY NATURE, EVEN IF ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES OR CLAIMS. NONE OF THE SERVICES WOULD BE PROVIDEDWITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,YOU OBTAIN FROM US FROM OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY,REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. NEITHER WENOR OUR AFFILIATES SHALL HAVE ANY LIABILITY FOR ANY FAILURE OR DELAY RESULTINGFROM ANY CONDITION BEYOND THE REASONABLE CONTROL OF SUCH PARTY.

14.   Disclaimer of Warranty 
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TO THE FULLESTEXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THATYOUR ACCESS TO AND USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS, AND OTHERCONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE THROUGH THESERVICE ARE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLELAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANYWARRANTIES OF ANY KIND, AND WE EXPRESSLY DISCLAIM ANY AND ALL CONDITIONS,REPRESENTATIONS, WARRANTIES, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE,INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.WITHOUT LIMITING THE FOREGOING, WEMAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THESERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTSTHAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE;(D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALPURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS;OR (E) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTENINFORMATION OR ADVICE GIVEN BY US OR ANY OF OUR AUTHORIZED REPRESENTATIVES WILLCREATE ANY WARRANTY.SOME JURISDICTIONS DO NOTALLOW THE EXCLUSION OF OR LIMITATIONS OF IMPLIED WARRANTIES, SO THE ABOVEEXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. HOWEVER, ANY LIMITATION WILLBE CONSTRUED TO MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

15.   Disputes; Arbitration

This section explains how we will resolve disputes that arise under these Terms and Conditions.
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     (a)  Disputes. If a dispute arises between you and us, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. In the event of a dispute we encourage you first to contact us at hello@mysecondstreet.com to try resolving your problem directly with us.
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     (b)  Mandatory Arbitration.
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               (i)   To the extent any such Claim cannot be resolved via informal dispute, any Claim shall be finally and exclusively resolved by binding individual arbitration conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in the State of New York. As used herein, “Claim” refers to any claim, dispute, or controversy between you and us arising out of or relating in any way to the Terms and Conditions and the Services.
              (ii)   UNLESS YOU OPT OUT IN ACCORDANCE WITH SECTION 15(b)(v) BELOW,ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER YOU NOR WE WILLHAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHERYOU NOR WE WILL HAVE THE RIGHT TO A TRIAL BY JUDGE OR JURY.
              (iii)  You and we will have every remedy available in arbitration as you and we would have from a court and will be entitled to reasonable discovery. All determinations as to the scope, interpretation, enforceability and validity of these Terms and Conditions shall be made finally and exclusively by the arbitrator.  The arbitrator's award will be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction.
              (iv)  NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION, OR PRIVATE ATTORNEYGENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHERPERSON SHALL BE ALLOWABLE IN ARBITRATION.
              (v)   YOU MAY REJECT THIS ARBITRATION PROVISION BYCALLING US AT 939.339.3657, OR WRITING US AT hello@mysecondstreet.com AND STATINGTHE FOLLOWING IN YOUR NOTICE (I) YOUR NAME, (II) YOUR ADDRESS, (III) YOUR PHONENUMBER, (IV) YOUR LOAN NUMBER, AND (V) THAT YOU ARE EXERCISING YOUR RIGHT TO REJECT ARBITRATION UNDER SECTION 15(b)(v)OF THE TERMS AND CONDITIONS (A “REJECTION NOTICE”). YOUR REJECTION NOTICE MUSTBE RECEIVED WITHIN 90 DAYS AFTER YOUR RECEIPT OF THESE TERMS. IF YOUR REJECTIONNOTICE COMPLIES WITH THESE REQUIREMENTS, THE ARBITRATION PROVISION IN THISSECTION 15(b) WILL NOTAPPLY TO YOU, EXCEPT FOR ANY CLAIMS SUBJECT TO PENDING LITIGATION ORARBITRATION AT THE TIME YOU SEND YOUR REJECTION NOTICE. REJECTION OF THEARBITRATION PROVISION WILL NOT AFFECT YOUR OTHER RIGHTS OR RESPONSIBILITIESUNDER THIS SECTION 15 OR THETERMS AND CONDITIONS.
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16.   Enforceability; Severability
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Our failure to exercise or enforce any right or provision of the Terms and Conditions here in does not constitute a waiver of such right or provision. These Terms and Conditions constitute the entire agreement between you and us with regard to your use of the Services and any previous terms that may exist between you and us is hereby superseded. Except as otherwise provided herein, if any provision of these Terms and Conditions is held to be unenforceable, the unenforceable term or provision shall be replaced by an enforceable term or provision that comes closest to the intention underlying the unenforceable term or provision and the remaining provisions shall be enforced.

17.    Governing Law

These Terms and Conditions shall be governed and construed in accordance with all applicable federal laws and all applicable substantive laws of the State of New York.

18.   Assignability
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Your use of the Services is not assignable or transferable without our consent. We may assign the Terms and Conditions and our rights and obligations hereunder to any party at any time without any notice to you.

19.   Contact Information

If you have any questions or concerns about these Terms and Conditions, please contact us at: 

Second Street Inc.
200 Spectrum Center Drive, Ste 300
Irvine, CA 92618 
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Direct: 939.339.3657
hello@mysecondstreet.com
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