Terms and Conditions
If you’re accessing or using the website, you agree to comply with these Terms and Conditions, agree to use the website solely for its services offered in the normal course of business and that you are not under 18 years of age. You agree to act in accordance with the law, custom and in good faith. You agree to make all necessary efforts to cooperate with Onyx Direct to gather any necessary information, including information from third parties, in order to ensure processing of an application. You agree to not make any changes to the website, content or services that may appear on this website and agree not to impair in any way the integrity or operation of the website. You agree not use the website in any way that is prohibited and agree that the information you provide will be correct and accurate.
By using any of the services offered by this website, you acknowledge having reviewed and accepted the Terms and Conditions herein. If you do not agree to the Terms and Conditions, do not begin use of the website or its services.
This website is owned and operated by Onyx Direct. 25152 Springfield Court, Suite 200, Valencia, CA 91355
These Terms and Conditions were last updated 10/04/2016. Please check periodically for changes.
User IDs and Passwords
Website usage may require login via user name and password in order to access certain services. The user names and passwords will be maintained confidential. You are solely responsible for maintaining the confidentiality of your user name and password, as well as well as any activity done under your user name. You agree to immediately notify Onyx Direct of any unauthorized use of your user name. Should you require assistance in logging into the website, or for other technical assistance, please contact the following:
25152 Springfield Court, Suite 200
Valencia, CA 91355
Onyx Direct may deny access to any user for any reason and in Onyx Direct’s sole discretion.
Processing Time and Standard Procedure
We offer no guarantees in terms of processing time for any particular service, application or other information or offer. We will make every effort to ensure that information is processed as quickly as possible, in order to ensure that information is processed correctly and in light of the fact that there may be circumstances beyond our control which prevents the timely processing of information, applications, etc., the user agrees to indemnify and hold harmless Onyx Direct for any delays in processing information submitted and processed through the website, and/or other damages allegedly related to submission of information to and/or through the website.
Use of the website may require submission of certain fees for services necessary for the completion and processing of a loan or the completion of other services through the website. Use of the website is strictly subject to payment of certain fees. To the extent applicable, all payments shall be made in US dollars by credit card and are non-refundable. All fees submitted are final upon payment. Payments are due in full upon account activation, with future renewal dates and use of portions of the services subject to additional charges. Services will not be activated until payment is received. All payments made are final and there shall be no refunds of payments made by you.
THE INFORMATION AND MATERIALS CONTAINED IN ONYX DIRECT WEBSITES, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS ARE PROVIDED “AS IS”. ONYX DIRECT DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR ANY PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.
ONYX DIRECT CANNOT GUARANTEE UNINTERRUPTED SERVICE, SERVICE AT ANY PARTICULAR TIME, OR INTEGRITY OF DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. ONYX DIRECT WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE OF, DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEM CAUSED BY CIRCUMSTANCES OUTSIDE OF ITS CONTROL.
Onyx Direct shall not be liable for any default or delay in the rendering of any of its obligations under this Agreement if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for a party to perform its obligations under these Terms and Conditions.
All information and content available on the Website and its “look and feel”, including but not limited to trademarks, logos, and service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is the property of Onyx Direct, our affiliates, partners or licensors, and is protected by United States and international laws, including laws governing copyrights and trademarks.
Users agree that any testimonials and submissions made to Onyx Direct concerning your use of the website become the irrevocable and permanent property of Onyx Direct, and may be used by Onyx Direct in any way Onyx Direct deems fit, in its sole judgment.
Except as set forth in the limited licenses in these Terms and Conditions, or as required under applicable law, neither the content nor any portion of the website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
You shall have no right to use the Onyx Direct technology for any purpose other than accessing the website and using the services offered. Use of the website does not transfer from Onyx Direct to you any Onyx Direct technology, and all rights, titles and interests in and to any Onyx Direct technology and all services shall remain solely with Onyx Direct. You shall not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any of the Onyx Direct technology if such reverse engineering, decompilation, or disassembly is intended to create, or will be used in, a competitive product.
Third Party Links
Clicking on certain links within this website or certain other websites that are linked to this website may take you to other websites, or may display information on your computer screen from other web sites, which are not maintained by Onyx Direct. Such web sites may contain terms and conditions, privacy provisions, confidentiality provisions, or other provisions that differ from the terms and conditions applicable to this web site. Links to other Internet services and web sites are provided solely for the convenience of users. A link to any service or web site is not an endorsement of any kind of the service or web site, its content, or its sponsoring organization.
ONYX DIRECT AND ITS CORPORATE PARENTS, AFFILIATES, AND SUBSIDIARIES ASSUME NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR THE CONTENT, ACCURACY, RELIABILITY OR OPINIONS EXPRESSED IN A WEB SITE, TO WHICH THIS SITE IS LINKED AND SUCH LINKED SITES ARE NOT MONITORED, INVESTIGATED, OR CHECKED FOR ACCURACY OR COMPLETENESS BY ONYX DIRECT. IT IS THE SOLE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, RELIABILITY, TIMELINESS AND COMPLETENESS OF ANY INFORMATION AVAILABLE ON ANY LINKED SITE. ALL INFORMATION, PRODUCTS, SERVICES AND CONTENT OBTAINED FROM A LINKED SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY.
In no event will Onyx Direct be liable for any direct, indirect, incidental, special, punitive or consequential losses, damages or expenses of any kind whether the claimed damages or losses are based in tort, contract or any other theory of law, arising in any way or in connection with this website or use thereof, including, but not limited to failure of performance, omission, error, defect, interruption, failure to process, delay, computer virus, system failure, even if Onyx Direct is made aware of the alleged damages or losses including all third party claims. You agree to indemnify and hold harmless Onyx Direct for any and all damages and losses as described above relating to your use of the website.
Consent to Electronic Delivery.
You specifically agree to receive and/or obtain any and all disclosures, notices, information and communications via email, posting on our website or other electronic delivery rather than via paper documents. This includes, but is not limited to, any and all current and future notices and/or disclosures that various federal and/or state laws or regulations require that we provide to you, as well as such other documents, statements, data, records and any other communications regarding your use of the website. You acknowledge that, for your records, you are able to use the website to retain these communications by printing and/or downloading and saving these Terms and Conditions and any other agreements and electronic communications, documents, or records that you agree to in your use of the website. You accept electronic communications provided via Onyx Direct as reasonable and proper notice, for the purpose of any and all laws, rules, and regulations, and agree that such electronic form fully satisfies any requirement that such communications be provided to you in writing or in a form that you may keep. To this agreement described herein or if you require paper documents of any of the above, please contact:
ONYX Direct, 2655 Van Ness Ave, Ste 3, San Francisco, CA 94109
Our agreement and these Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California without recourse to conflicts of law principles.
Any controversy or claim arising out of or relating to your use of the website, and/or any alleged damages or losses thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Any dispute between the parties must be submitted to binding arbitration administered by the AAA to take place in San Francisco, California, before one arbitrator in accordance with the AAA Rules. In the event you institute such arbitration, then without limiting the applicability of the AAA rules. The arbitrator will be obligated to award the prevailing party of any such proceedings all reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the arbitration proceedings. Any award entered by the arbitrator may be enforced in any court of competent jurisdiction. All arbitrations will take place in Chicago, Illinois. You hereby waive any right to consolidate, join or combine any arbitration brought with any other matter pending in court or other arbitration proceeding.
You agree that any effort to resolve any dispute will be conducted on an individual basis, and that you waive any right to have any dispute heard in a class action or any other proceeding in which any party seeks to or does act in a representative capacity.
Regardless of any statute or law to the contrary, any claim or cause of action against Onyx Direct arising out of or related to use of your use of the website or under these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or will be barred.
This Agreement constitutes the entire agreement between you and Onyx Direct governing your use of the website and supersedes any prior and contemporaneous agreements between you and Onyx Direct with respect to the subject matter above.
If for any reason, any provision within the Terms and Conditions is found to be unlawful and/or unenforceable, the remaining terms shall still be deemed enforceable and binding upon all users.
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the website, and supersede and govern all prior proposals, agreements, or other communications;
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the website and providing notice of such change. Any changes are effective immediately upon posting to the website and release of notice of such change. Your continued use of the website after the release and notice of such changes constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the website.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between a user and Onyx Direct. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
Electronic Agreement Terms
You have the right to receive loan documents and disclosures in electronic form. Your consent means that your disclosures, loan documents and any other communications (referred to collectively as “Documents”) related to the process of processing, underwriting, and closing your requested loan may be provided to you through the Onyx Direct website and via email (“Electronically”). To access and retain the Documents Electronically you will need to use a computer with the same capabilities you are using and will need to be able to open and view Adobe Acrobat Reader. You have the right to withdraw consent and you may request paper copies of any Documents without charge by contacting us at (800) 536-3510. You should also keep us informed of any change in your e-mail or mailing address by contacting us at (800) 536-3510.
By agreeing to these terms and conditions you are confirming that you do agree to receive Documents Electronically and that you do have the ability to do so through the computer software and hardware.
By continuing, you electronically agree to allow Onyx Direct to view your credit history.
If you have any questions regarding the Terms and Conditions please contact us at:
ONYX Direct, 2655 Van Ness Ave, Ste 3, San Francisco, CA 94109
ONYX Direct looks forward to working with you!
1 (800) 536-3510
Copyright © 2016-2020 ONYX Direct. All rights reserved.
NMLS ID # 984885, http://www.nmlsconsumeraccess.org/EntityDetails.aspx/COMPANY/984885; California: Licensed by the California Department of Business Oversight under the California Residential Mortgage Lending Act, License # 4150085; Licensed by the California Department of Business Oversight under the California Finance Lenders Law, License # 60DBO32952. Onyx Direct is an Equal Housing Lender. All loans are subject to credit approval. Loan programs and rates subject to change at any time without notice. Loan applications/pre-approvals are not a commitment to lend or extend credit. Restrictions may apply
P: 1 (800) 536-3510
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