This Agreement describes your rights and obligations as a user of our E-statement service. It also describes the rights and obligations of Ark Mortgage, Inc. Please read this Agreement carefully.

1. Preamble:
This Agreement applies to your use of our Online Borrower Portal, via which we are able to electronically transmit your Account Statements to you. In this Agreement, the terms “you” and “your” refer to each borrower on the Account. The terms “us”, “we”, and “our” refer to Ark Mortgage, Inc.

2. Purpose:
By accepting this Agreement you are authorizing us to provide your Account Statements to you electronically, as “E-Statements.”

3. Definitions:

An E-Statement is an electronic version of your periodic Account Statement that can be displayed on, printed from and/or saved to your personal computer or other electronic device.

An Electronic Communication means a message transmitted electronically between you and us in a format that allows visual text to be displayed on equipment, for example, a personal computer monitor.

An Electronic Address is your E-mail address, which is not limited to receiving electronic communications transmitted solely by us.

4. Ark Mortgage, Inc. E-Statement:
You agree to receive your monthly Account Statements electronically, as E-Statements. You will be notified by E-mail when your Account Statement is available. You will be able to view, print and/or save them to your personal computer and/or smartphone. You are deemed to have received  your Account Statement when it has been made available.

5. What You Need to Receive E-Statements:
To receive and retain your E-Statements, you need a personal computer, smartphone or other electronic device with Internet access and E-mail capabilities, and you must be enrolled in our Online Borrower Portal. To view your  Account Statements, you will need Adobe Acrobat Reader. [You can obtain Adobe Acrobat Reader free from the Adobe.com website.]

6. Your Responsibilities:
You are responsible for selecting the systems, hardware, software, and Internet Service Provider that will enable you to receive your E-Statements. Accordingly, we are not responsible for any failure to receive an E-Statement that results from any defect, malfunction or interruption in service or security due to a failure of the systems, hardware, software and/or Internet Service selected by you.

7. E-mail Address Updates:
You agree to provide us with a current E-Mail Address for transmission of your E- Statement notification. You must notify us of any changes to your E-mail address. You  can update your email address in the Online Borrower Portal under “account”

8. E-Statement Notification:
We will notify you via E-mail that your E-Statements are ready to be viewed. This notification will be sent to the E-mail address that you provided.

9. This Agreement only enables you to receive your periodic statements online:
All correspondence other than periodic statements will continue to be mailed in paper form, but will also be available for viewing on the Online Borrower Portal. You will be notified about the availability of your E-Statement via E-mail sent from “noreply@arkmortgage.com.” This
E-mail address is for notification purposes only. Questions about your account and other correspondence can be E-mailed to servicing@arkmortgage.com.

[Please note: When E-mailing us, you are advised not to include sensitive personal information such as social security numbers, birth dates, account numbers, etc.]

10 E-Statement Fees:
There is no fee for this E-Statement service.

11. Third Parties:
You understand that support and services pertaining to the E-Statement service may be provided by one or more third parties, and you authorize us to contract with third parties to provide such support and services.

12. Privacy Disclosure:
The circumstances under which we may disclose information about you and/or your accounts to third parties are summarized in our current privacy notice.

13. General:
This Agreement is intended to supplement and not to replace other agreements between you and us relating to your accounts.  In the event of a conflict between this Agreement and any other agreement that may apply to your accounts, this Agreement shall govern and prevail; however, opting-in to E-Statements does not change or alter the terms of your note and mortgage.

You do have the right to receive a hard-copy (i.e., a non-electronic version) of this Agreement.  Please contact the Customer Service Department at 1-833-215-8500 to have this disclosure mailed to you at no additional fee.

14. Our Right to Amend, Modify, Suspend or Terminate This Agreement:
We may amend, modify, suspend, or terminate this E-Statement service without prior notice. If we do provide notice, it will be via email.

You agree that you will not use any of the online services in any illegal activity as defined by local, state, and federal laws. Violation of applicable laws could result in termination of this Agreement.

15. Your Right to Terminate This Agreement:
You have a right to terminate this Agreement. We must receive notification of your intent to  terminate either by email (from the email address we have on file for you) at servicing@arkmortgage.com or via a signed letter.

You may also elect to receive paper statements again by choosing that option within your online borrower portal account. Depending on when we receive your notification, you may receive one final account statement via email.

16. Damages and Warranty Disclaimer:

IN NO EVENT SHALL ARK MORTGAGE, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES) CAUSED BY OUR ONLINE BORROWER PORTAL, OR ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF YOUR PERSONAL COMPUTER, SOFTWARE, OR ANY INTERNET ACCESS SERVICES. ONLINE SERVICES AND RELATED SERVICES ARE PROVIDED “AS-IS.” ARK MORTGAGE, INC. DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, OR ANY PART THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

This Agreement and the Online Borrower Portal shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any conflict of law rules which will require the application of the law other than the State of New York.

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Requests for Information and Notices of Error, including Qualified Written Requests

If you wish to request additional information relating to the servicing of your mortgage loan or believe there is an error, you must send a qualified written request to the address below and include your name, your mortgage loan account number, property address, and a statement of either the information you are requesting or the error you believe has occurred.

Ark Mortgage Inc.
400 Rella Blvd, Suite 300
Montebello, NY 10901