Terms and Conditions

Terms and Conditions

Please carefully review these terms and conditions (“Terms”) before using this site or accessing any data thereon. Any use of this website creates a binding Contract to comply with these terms and conditions. If you do not agree to these terms in their entirety, you must exit this site immediately.

 For all processes pertaining to this site, you consent to doing business electronically. NOTHING ON THIS SITE OR PURCHASED FROM THIS SITE (UNLESS IT’S PREDOMINANTLY A LEGAL PRODUCT) SHOULD BE CONSTRUED AS LEGAL OR FINANCIAL ADVICE. 

USER CONTRACT

The following are terms of a legal Contract (the “Contract”) between you, individually or jointly and/or as an agent on behalf of an entity or another registered user (“you”) and Rubinstein & Associates (“R&A”), PLLC that sets forth the Terms for your use of this site at www.DisasterLoanAid.com (“DLA”), including any subdomain thereof (the “Site”). The Site is owned and operated by R&A. By using the Site, you acknowledge that you have understood, and agree to be bound by these Terms and to comply with all applicable laws and regulations, and that you consent to the DLA Privacy Policy. These Terms form an essential basis of the bargain between you and DLA.

Members of the DLA community must be U.S. Residents with a valid social security number that are 18 years of age or older. This Contract is effective until terminated by DLA. DLA may terminate this Contract at any time without notice or suspend or terminate your access and use of the Site at any time, with or without cause, in DLA’s absolute discretion and without notice. The following provisions of this Contract shall survive termination of your use or access to the Site: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Applicable Law and Dispute Resolution, and General Provisions, and any other provision that by its terms survives termination of your use or access to the Site.

Waiver: Failure by DLA to enforce any of its rights under this Contract shall not be construed as a waiver of those rights or any other rights in any way whatsoever.

This Contract shall be subject to any other Contracts you have entered into with DLA. Certain sections on the Site may contain separate Terms, which are in addition to the Terms here. In the event of a conflict, the additional Terms will govern for those sections or pages.

DLA reserves the right to amend this Contract at any time and will notify you of any such changes by posting the revised Terms on the Site. You should check this Site periodically for changes. All changes shall be effective upon posting. Your continued use of the Site after any changes constitutes your Contract to be bound by any such changes. DLA may terminate, suspend, change, or restrict access to all or any part of this Site without notice or liability.

LIMITATIONS OF USE

 

Proprietary Information

The copyright in all material on this Site, including without limitation the text, data, articles, design, source code, software, photos, images and other information (collectively “Content”), is held by R&A and is protected by U.S. and International copyright laws or treaties. You agree that the Content may not be copied, reproduced, distributed, framed, downloaded, republished, modified, displayed, posted transmitted, or sold in any form or by any means, in whole or in part, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of R&A. You acknowledge that the Content is and shall remain the property of R&A. You may not reverse engineer, modify, transmit, publish, participate in the sale or transfer of, or create derivative works, or in any way exploit any of DLA’s services, including any Content, in whole or in part. The use of the Content on any other website, including by linking or framing, or in any networked computer environment for any purpose, is prohibited without DLA’s prior written approval. Unless explicitly stated in this Contract, nothing in this Contract will be construed as conferring any license to intellectual property rights, whether by implication, estoppel or otherwise.

All data obtained from or provided by DLA, regardless of the method of delivery, is explicitly prohibited from publication and distribution and is subject to the DLA Data Terms of Use. Moreover, you agree not to use data provided by DLA, regardless of the method of delivery, for any competing purposes, and you agree to only use such data to permit investment using the products or services of DLA.

You also may not, without DLA’s express written permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any Content on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations. Without DLA’s prior consent, you may not use the Site in any manner that violates this Contract, or that could interfere with any other party‘s use and enjoyment of the Site, or that could overburden, impair, damage, or disable the Site. We may disable, terminate, or throttle your use of, or access to, the Site at any time without notice for any reason, with or without cause in our sole discretion.

DLA (including the DLA logo), DLA.com, and all related logos (collectively the “DLA Trademarks”) are trademarks or service marks of DLA. Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks owned by DLA or others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the DLA Trademarks displayed on this Site, without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the Site unless in accordance with written authorization by DLA. DLA prohibits use of any of the DLA Trademarks as part of a link to or from any site unless establishment of such a link is approved in writing by DLA in advance. Any questions concerning any DLA Trademarks, or whether any mark or logo is a DLA Trademark, should be referred to DLA.

Security Violations

You may not use any automated methods to access the Site or collect any information from the Site; frame the Site, utilize framing techniques to enclose any Content or other proprietary information, place pop-up windows over Content, or otherwise affect the display of any Content, engage in the practices of “database scraping,” “screen scraping,” or any other activity with the purpose to obtain content or other information from the Site.

If you are blocked by DLA from accessing or using the Site (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking.

You agree to use the Content and Site only for lawful purposes. You are prohibited from any use of the Content or Site that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of the Site, including but not limited to unauthorized entry into DLA’s systems, misuse of passwords, or misuse of any information posted on the Site is strictly prohibited. DLA makes no claims concerning whether the Content may be downloaded or is appropriate for use outside of the United States. If you access this Site from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Your eligibility for particular products or services is subject to final determination by DLA.

Data Protection Violations

You agree not to post, upload, publish, display, transmit, share, store or otherwise make or attempt to make publicly available on the Site or on any other website, or in any email, blog, forum, medium or other communication of any kind, any private or personally identifiable information of any DLA member or other third party, including, without limitation, names, addresses, phone numbers, email addresses, Social Security numbers, driver’s license numbers, or bank account or credit card numbers, whether or not such private or personally identifiable information is displayed on or ascertainable from the Site, or obtained or obtainable from sources unrelated to the Site (such as from a “Google® search” or other online research).

LINKS TO THIRD-PARTY SITES

This site may contain links to web sites controlled, owned, and operated by third parties (the “TPS”). DLA cannot control and has no responsibility for the accuracy or availability of information provided on TPS. You acknowledge that use of any TPS is governed by the terms of those sites, and not these Terms. Links to TPS do not constitute an endorsement or recommendation by DLA of such sites or other materials presented on such sites, but are only for your convenience and you access them at your own risk. Such TPS may have a privacy policy different from that of DLA and the TPS may provide less security than this Site. DLA is not responsible for the content of any TPS sites, nor does DLA make any warranties or representations, express or implied, regarding the content (or accuracy of such content) on any TPS site, and DLA shall have no liability of any nature whatsoever for any failure of products or services offered or advertised at such sites or otherwise.

CONSENT TO DOING BUSINESS ELECTRONICALLY

Electronic Communications. You agree that all Communications relating to your use of the Site or related services may be made available to you electronically. You have the right to receive a free hard copy of any documents by contacting us. We may discontinue electronic provision of Communications at any time in our sole discretion. If you are accessing our site through a mobile device, you must be able to print and save the transmitted Communications. You can find apps that support printing and saving through the app store. If your mobile device does not have this functionality, you must access our website through alternate means.

Hardware and Software Requirements. To access and retain the Communications electronically, you will need to use a device with an internet connection and an up-to-date browser capable of opening portable document formats (“PDF”). You acknowledge that you can receive and access communications in the formats described herein. You acknowledge that you can access the electronic Communications in the designated formats described herein.

Withdrawing Consent. You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward (1) you cannot place any further applications through the DLA platform, and (2) any pending applications will automatically terminate and be removed from the DLA platform. The withdrawal of your consent will not affect the legal validity and enforceability of any pending loans obtained through the DLA platform, or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. With respect to pending loans on which you are a borrower, we will send you any further Communications by non-electronic means. Please note that withdrawal of your consent will not apply to your co-borrower.

Assignment. In addition, you further acknowledge that your consent to have all Communications provided or made available to you in electronic form is assignable to any succeeding entity.

Changes in Your Contact Information. You agree to keep us informed of any changes in the information you provide to us so that you continue to receive all Communications without interruption. You can contact us by email at jr@rubesq.com or by calling 516-967-2622.

ADDITIONAL STATE LAW NOTICES FOR PERSONAL LOAN BORROWERS, residents of:

 

NEW YORK Married registrants may apply for a separate account. AS REQUIRED BY LAW, YOU ARE HEREBY NOTIFIED THAT A NEGATIVE CREDIT REPORT REFLECTING ON YOUR CREDIT RECORD MAY BE SUBMITTED TO A CREDIT REPORTING AGENCY IF YOU FAIL TO FULFILL THE TERMS OF YOUR CREDIT OBLIGATIONS.

 

IOWA NOTICE TO CONSUMER: 1. Do not sign this before you read it. 2. You are entitled to a copy of this paper. 3. You may prepay the unpaid balance at any time without penalty and may be entitled to receive a refund of unearned charges in accordance with law.

 

KANSAS NOTICE TO CONSUMER: 1. Do not sign this Contract before you read it. 2. You are entitled to a copy of this. 3. You may prepay the unpaid balance at any time without penalty.

 

MARYLAND This loan is being made under, and shall be governed by, the provisions of Subtitle 10 of Title 12 of the Commercial Law Article of the Maryland Code only to the extent that such provisions are not inconsistent with federal 12 U.S.C. § 1831d and related jurisprudence.

 

MASSACHUSETTS Massachusetts law prohibits discrimination based on marital status or sexual orientation.

 

MAINE Notices are posted immediately prior to purchase.

MISSOURI Oral Contracts or commitments to loan money, extend credit or to forbear from enforcing repayment of a debt including promises to extend or renew such debt are not enforceable. To protect you and DLA from misunderstanding or disappointment, any Contracts we reach covering such matters are contained herein, which is the complete and exclusive statement of the Contract between us, except as we may later agree in writing to modify it.

 

NORTH DAKOTA Notices are posted immediately prior to purchase.

OHIO The Ohio laws against discrimination require all creditors make credit equally available to all creditworthy customers, and credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio civil rights commission manages related compliance.

TEXAS For questions or complaints about this loan, contact DLA.

UTAH As required by Utah law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.

 

WASHINGTON For primarily non-consumer purpose loans: Oral commitments to loan money, extend credit, or forbear from enforcing repayment of a debt are not enforceable.

 

WISCONSIN NOTICE TO CUSTOMER: (a) DO NOT SIGN THIS IF IT CONTAINS BLANK SPACES. (b) YOU ARE ENTITLED TO AN EXACT COPY OF ANY CONTRACT YOU SIGN. (c) YOU HAVE THE RIGHT TO PAY IN ADVANCE THE UNPAID BALANCE DUE UNDER THIS CONTRACT AND MAY BE ENTITLED TO A PARTIAL REFUND OF THE FINANCE CHARGE.

No provision of a marital property Contract, a unilateral statement or a court decree adversely affects the interest of the creditor unless the creditor, prior to the time the credit is granted, is furnished a copy of the Contract, statement or decree or has actual knowledge of the adverse provision when the obligation to the creditor is incurred.

 

DISCLAIMER OF WARRANTIES

None of DLA, its parent, any of its affiliates, providers or their respective officers, directors, employees, agents, independent contractors or licensors (collectively the “DLA Parties”) guarantees the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any of the Content and the DLA Parties disclaim liability for errors or omissions in the Content. WE DO NOT GUARANTEE SUCCESSFUL PROVISION OF A LOAN OR ANY OTHER EXPECTATION OF ANY PROCESS. BUY AT YOUR OWN RISK, WE ARE OFFERING TO HELP AND USE OUR EXPERTISE TO GET YOU ENHANCED ODDS OF APPROVAL.

This Site and all of the Content is provided “as is” and “as available,” without any warranty, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement or title. Additionally, there are no warranties as to the results of your use of the Content. The DLA Parties do not warrant that the Site is free of viruses or other harmful components. This does not affect those warranties which are incapable of exclusion, restriction or modification under the laws applicable to this Contract.

Any dated information is published as of its date only, and the DLA Parties do not undertake any obligation or responsibility to update or amend any such DATA. The DLA Parties reserve the right to terminate any or all Site offerings or transmissions without prior notice to you. This Site could contain technical inaccuracies or typographical errors. Use of this Site is at your own risk.

LIMITATION OF LIABILITY AND INDEMNITY

Under no circumstances will the DLA Parties be liable for any damages including general, special, direct, indirect, incidental, consequential, punitive or any other damages (including, without limitation, lost profits or business interruption) of any kind whether in an action in contract or negligence arising or relating in any way to the use or inability to use by any party of the content, the Site or any TPS to which this Site is linked, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if DLA Parties, or representatives thereof, are advised of the possibility of such damages, losses or expenses. The DLA Parties are not liable for any defamatory, offensive or illegal conduct of any user. Your sole remedy for dissatisfaction with this Site is to stop using the Site. If your use of materials from this Site results in the need for servicing, repair or correction of equipment or data, you assume any such costs. If the foregoing limitation is found invalid, you agree that DLA Parties’ total liability for all damages, losses, or causes of action of any kind or nature shall be limited to the greatest extent permitted by applicable law. You agree to indemnify and hold harmless DLA Parties from and against any and all claims, losses, expenses, demands or liabilities, including attorneys’ fees and costs, incurred by the DLA Parties in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content you submit to, or transmit through the Site, or (ii) your use of the Site in violation of this Contract or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. DLA Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of DLA. You further agree to indemnify and hold harmless DLA Parties from any claim arising from a third party’s use of information or materials of any kind that you post to the Site.

 

MONITORING OF THE SITE

DLA has no obligation to monitor the Site; however, you acknowledge and agree that DLA has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site, present marketing or other promotional offers to you either on the Site or on a third party site, or to protect itself or other users of the Site.

AVAILABILITY

This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction where such distribution or use would be contrary to applicable law or regulation. By offering this Site and Content no distribution or solicitation is made by DLA to any person to use the Site or Content in jurisdictions where the provision of the Site and/or Content is prohibited by law.

APPLICABLE LAW AND DISPUTE RESOLUTION

 

Arbitration:

 

RESOLUTION OF DISPUTES: YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PROVISION CAREFULLY, AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS PROVISION, AS PROVIDED IN PARAGRAPH (i) BELOW.

(a) In this Arbitration Section:

(i) “You” and “your” mean each individual entering into this Contract, as well as any person claiming through such individual;

(ii) “We” and “us” means DLA and any originating bank involved in your transaction, and each of their respective parents, subsidiaries, affiliates, predecessors, successors, and assigns, as well as the officers, directors, and employees of each of them;

(iii) “Claim” means any dispute, claim, or controversy (whether based on contract, tort, intentional tort, constitution, statute, ordinance, common law, or equity, whether pre-existing, present, or future, and whether seeking monetary, injunctive, declaratory, or any other relief) arising from or relating to this Contract or the relationship between us and you (including claims arising prior to or after the date of the Contract, and claims that are currently the subject of purported class action litigation in which you are not a member of a certified class), and includes claims that are brought as counterclaims, cross claims, third party claims or otherwise, as well as disputes about the validity or enforceability of this Contract or the validity or enforceability of this Arbitration Section.

(b) Any Claim shall be resolved, upon the election of either us or you, by binding arbitration administered by the American Arbitration Association or JAMS, under the applicable arbitration rules of the administrator in effect at the time a Claim is filed (“Rules”). Any arbitration under this Contract will take place on an individual basis; class arbitrations and class actions are not permitted. If you file a claim, you may choose the administrator; if we file a claim, we may choose the administrator, but we agree to change to the other permitted administrator at your request (assuming that the other administrator is available). You can obtain the Rules and other information about initiating arbitration by contacting the American Arbitration Association at 1633 Broadway, 10th Floor, New York, NY 10019, www.adr.org; or by contacting JAMS at 1920 Main Street, Suite 300, Irvine, CA 92614, (949) 224-1810, www.jamsadr.com. The address for serving any arbitration demand or claim on us is DLA Marketplace, Inc., 221 Main Street, Suite 300, San Francisco, CA 94105, Attention: Compliance.

(c) Claims will be arbitrated by a single, neutral arbitrator, who shall be a retired judge or a lawyer with at least ten years’ experience. We agree not to invoke our right to elect arbitration of an individual Claim filed by you in a small claims or similar court (if any), so long as the Claim is pending on an individual basis only in such court.

(d) We will pay all filing and administration fees charged by the administrator and arbitrator fees up to $1,000, and we will consider your request to pay any additional arbitration costs. If an arbitrator issues an award in our favor, you will not be required to reimburse us for any fees we have previously paid to the administrator or for which we are responsible. If you receive an award from the arbitrator, we will reimburse you for any fees paid by you to the administrator or arbitrator. Each party shall bear its own attorney’s, expert’s and witness fees, which shall not be considered costs of arbitration; however, if a statute gives you the right to recover these fees, or fees paid to the administrator or arbitrator, then these statutory rights will apply in arbitration.

(e) Any in-person arbitration hearing will be held in the city with the federal district court closest to your residence, or in such other location as you and we may mutually agree. The arbitrator shall apply applicable substantive law consistent with the Federal Arbitration Act, 9 U.S.C. § 1-16, and, if requested by either party, provide written reasoned findings of fact and conclusions of law. The arbitrator shall have the power to award any relief authorized under applicable law. Any appropriate court may enter judgment upon the arbitrator’s award. The arbitrator’s decision will be final and binding except that: (1) any party may exercise any appeal right under the FAA; and (2) any party may appeal any award relating to a claim for more than $100,000 to a three-arbitrator panel appointed by the administrator, which will reconsider de novo any aspect of the appealed award. The panel’s decision will be final and binding, except for any appeal right under the FAA. Unless applicable law provides otherwise, the appealing party will pay the appeal’s cost, regardless of its outcome. However, we will consider any reasonable written request by you for us to bear the cost.

(f) YOU AND AGREE THAT YOU MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims, except that claims brought by joint applicants or co-borrowers relating to the same loan transaction shall be consolidated. The arbitrator shall have no power to arbitrate any Claims on a class action basis or Claims brought in a purported representative capacity on behalf of THE public, other borrowers, or THOSE similarly situated. The validity and effect of this paragraph (f) shall be determined exclusively by a court, and not by the administrator or any arbitrator.

(g) If any portion of this Arbitration Section is deemed invalid or unenforceable for any reason, it shall not invalidate the remaining portions of this section. However, if paragraph (f) of this Arbitration Section is deemed invalid or unenforceable in whole or in part, then this entire Arbitration Section shall be deemed invalid and unenforceable. The terms of this Arbitration Section will prevail if there is any conflict between the Rules and this section.

(h) YOU AND WE AGREE THAT, BY ENTERING INTO THIS CONTRACT, THE PARTIES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND WE ACKNOWLEDGE THAT ARBITRATION WILL LIMIT OUR LEGAL RIGHTS, INCLUDING THE RIGHT TO PARTICIPATE IN A CLASS ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO CONDUCT FULL DISCOVERY, AND THE RIGHT TO APPEAL (EXCEPT AS PERMITTED IN (e) ABOVE OR UNDER THE FEDERAL ARBITRATION ACT).

(i) You understand that you may reject the provisions of this Arbitration Section, in which case neither we nor you will have the right to elect arbitration. Rejection of this Arbitration Section will not affect the remaining parts of this Contract. To reject this Arbitration Section, you must send us written notice of your rejection within 30 days after the date that this Contract was made. You must include your name, address, and account number. The notice of rejection must be mailed to R&A, PLLC., 961 Broadway, Suite 115, Woodmere, NY 11598. This is the only way that you can reject this Arbitration Section.

(j) You and we acknowledge and agree that the arbitration Contract set forth in this Arbitration Section is made pursuant to a transaction involving interstate commerce, and thus the Federal Arbitration Act shall govern the interpretation and enforcement of this Arbitration Section. This Arbitration Section shall survive the termination of this Contract.

(k) This Arbitration Section shall not apply to covered borrowers as defined in the Military Lending Act.

In the event that a dispute does not proceed to arbitration, this Contract and all other aspects of your use of the Site shall be governed by and construed in accordance with the laws of the United States and, to the extent applicable, to the laws of the State of New York, without regard to its conflict of laws rules. You agree that you will notify DLA in writing of any claim or dispute concerning or relating to the Site and the information or services provided through it, and give DLA a reasonable period of time to address it BEFORE bringing any legal action, either individually, as a class member or representative, or as a private attorney general, against DLA.

 

GENERAL PROVISIONS

This Contract supersedes any previous Terms to which you and DLA may have been bound. This Contract will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Contract. All rights not expressly granted herein are hereby reserved. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. If any provision is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Contract shall remain in full force and effect.

COPYRIGHT COMPLAINTS

If you believe, in good faith, that any materials on the Site infringe your copyrights, notifications of claimed copyright infringement should be sent to DLA’s agent. Notification should include:

  • A signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material you claim is infringing is located on the Site;
  • a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.

You may contact DLA’s agent for notification of claimed copyright infringement by e-mail at jr@rubesq.com or by regular mail at R&A, PLLC, 961 Broadway, Suite 115, ATTN: Copyright Agent, Woodmere, NY 11598.

 

CONTACTING US

If you have questions regarding the Contract or the practices of DLA, please contact us by e-mail at e-mail at jr@rubesq.com or by regular mail at R&A, PLLC, 961 Broadway, Suite 115, Woodmere, NY 11598.