These Terms of Use and the Privacy Policy, collectively referred to as the Terms, are entered into between you, the client, and SNC ReView™ and Mark Malloy and Company LLC, including any current and / or future employees, members, directors, investors, independent contractors, and affiliates ( collectively, “SNC ReView ”, “we”, “us”, or similar terms ) and constitute a legally binding agreement between you and SNC ReView. SNC ReView is the Assumed Name ( i.e., Doing Busines As name ) for Mark Malloy and Company LLC. “You”, “your”, and similar terms refer to you, the client utilizing the services of SNC ReView or visiting the SNC ReView website, as well as any person or entity on whose behalf you are utilizing the services of SNC ReView or visiting this website, as well as any person or entity that has rights through you. “Website”, “site” or similar terms means this website, with a home page located at www.sncreview.com, and all subordinate pages.
The services provided by SNC ReView or the information on this website, including texts, discussions, graphics, images or other written or oral material, is for informational purposes only and may not be appropriate or applicable for your individual circumstances. SNC ReView does not provide legal, financial, accounting, tax, compliance or regulatory advice. We are not a substitute for consultation with other professionals who do offer such advice, and you should seek advice on those matters from them. Any opinions, views, perspectives or insights expressed by SNC ReView are not intended to be advice, a prognosis, recommendation or regulatory guidance. You are solely responsible for the credit evaluations, approvals, decisions, risk grades, and management of your customers, borrowers, relationships, etc.
Your reliance on any information provided by SNC ReView is solely at your risk. SNC ReView makes no representation or warranty, express or implied, and assumes no responsibility or legal liability for the accuracy, completeness, timeliness or quality of any information provided by it. We reserve the right to withdraw or amend this website, material we provide on this website, and the Terms, in our sole discretion without notice, at any time.
By using our services or by visiting our website, you agree to these Terms, including all updates and revisions to these agreements, collectively the Terms. If you do not agree to be bound by these Terms, do not contract with SNC ReView or access and use this website.
In general, the services provided by SNC ReView are intended for credit risk management and internal audit / credit review professionals that are responsible for approving, rating, managing, monitoring, and reviewing / auditing credits that are covered by the Shared National Credit Program. Those who choose to utilize these services or access and use this website do so at their own initiative and at their own risk and are responsible for compliance with all applicable laws, rules, regulations, antitrust laws. and regulatory guidelines in their respective locations in doing so.
SNC ReView retains any and all title, interest or rights to any copyrights, trademarks, patents, trade secrets, trade names, writings, products, discoveries, developments, improvements, ideas, technical notes, works of authorship, or tangible or intangible property ( collectively, the “Intellectual Property” ) made, created, developed, discovered, written, discussed or conceived by SNC ReView, in whole or in part, pursuant to, during or after the provision of services. The materials on this website, including all website design, text, graphics, information, trademarks, service marks, trade names, photographs, images, testimonials, videos, content, or other materials displayed on or that can be downloaded from this website, belong to us or a third-party owner or a third-party licensor to us and are protected by U.S. and international copyright and other intellectual property laws. You may not post material or information from this website or any discussion or communication without our prior written permission. You may not publish or communicate material or information from this website or any discussion or communication without our prior permission. You may not film, tape, reproduce, quote, display, communicate, transcribe, distribute or otherwise share material or information from this website or any discussion or communication without our prior permission.
SNC ReView reserves the right to terminate your access to our services or website at any time, for any reason. We may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of our services or website.
SNC ReView may allow you to create a user account and use our services. You agree to restrict access to the agreed upon individual or individuals that have the contract with SNC ReView. You are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or log-in credentials. We reserve the right to refuse or terminate service, terminate accounts or credentials, or remove or edit content at any time or without notice.
This website may provide a directory feature or similar tool to help you locate an advisor, consultant, credit rating agency, law firm, accounting / consulting firm or other risk management provider ( collectively “Risk Management Providers” ). While such features and tools will be part of the overall services to you, SNC ReView does not recommend or endorse any particular Risk Management Providers listed within such a feature or elsewhere on this website. Such information is intended for use as a general information resource only. SNC ReView is not responsible or liable for any relationship between you and any Risk Management Provider. You should conduct your own research and due diligence before selecting a Risk Management Provider. Although we may make favorable comments and suggestions about Risk Management Providers we do not recommend or endorse them, and in no event will we be liable to you for any direct, indirect, special, or other consequential damages or losses, expenses, fines, liabilities, claims arising out of the use of our services or website, or services provided to you by a Risk Management Provider.
This website and our services may provide opportunities for you to post or submit your feedback, comments, ideas or similar items. Any comments, ideas, or information that you submit will be considered non-confidential and non-proprietary. You are solely responsible for the content you transmit or post, and we assume no responsibility or liability for any content submitted by you or any other visitor to our website. You agree that you will not send or transmit any communication or content that infringes or violates any rights of any party, or violates any confidentiality restrictions. We may remove or refuse to post any of your contributions for any or no reason in our sole discretion. We may also take any action with respect to any user contribution that we deem necessary or appropriate in our sole discretion, including if we believe such user contribution violates the Terms.
This website may contain certain links to websites that are not operated by us. These links are provided for your convenience and do not imply any endorsement of these Risk Management Providers or the material on these third-party websites. Since we do not control these websites, we are not responsible for their content. These third-party websites may contain information that is inaccurate, incomplete, or outdated. You access and use these websites solely at your own risk.
In order to make a payment via the website, you may be asked to supply certain relevant information. Including payment information, your billing address, and shipping information. By submitting such information, you grant us the right to provide such information to third parties for the purposes of facilitating your payment. You acknowledge and agree that we are not responsible for how any third party or payment method processor transmits stores, uses or shares your information.
Antitrust Requirements
You agree that you will not violate any applicable laws and regulations, including antitrust laws. Antitrust laws are designed to ensure that business is conducted in an open, competitive atmosphere and that competition should not be unreasonably restricted. Those laws, include but are not limited to, prohibit you from agreeing to fix pricing (e.g., interest rates on loans, fees, etc. ), divide markets or customers or financial institutions, boycott or jointly refuse to deal with customers or other financial institutions, or arrive at any understanding, express or implied, respecting any anticompetitive concert of action. You understand that an anticompetitive agreement need not be formal or even express and can be proven by circumstantial evidence. It is therefore the strict policy of SNC ReView that none of its activities, or those of its clients, even remotely suggest antitrust misconduct. To avoid accusations of violating antitrust laws you agree (i) not to engage in any form of conduct from which it may be argued that you agreed to fix interest rates, fees, or any other element of the “price” or terms of loans; (ii) not to share any information concerning your prices or fees on matters such as costs that affect your prices or fees; (iii) not to treat a particular individual, financial institution, customer, or group of customers in one set manner or to boycott or stop lending to certain kinds of customers; (iv) not to allocate customers or territories; (v) not to make announcements concerning what your institution may or may not due concerning loan or other terms for certain customers or classes of customers; and (vi) not to disclose any confidential, proprietary, regulatory, or competitive information regarding any financial institution, customer, matter or issue.
Security
While we take reasonable measures to protect your information, we cannot give absolute assurance that all information will remain secure. Under certain circumstances, it is possible that third parties may be able to intrude on the server and view your information, or view such information in-transit over the Internet and/or through email or other methods. By submitting information to SNC ReView, you agree that you are aware of these risks. If you do not wish to submit your information electronically, do not do so; however, in such case you may not be able to make use of the full functionality of this website. You agree that SNC ReViewis not responsible or liable for any consequence of illegal acts by third parties, including but not limited to hacking or similar crimes.
Communicating with You
You agree that we may communicate with you through any and all contact information and methods you provide to us, including but not limited to text message, email, telephone, social media account, fax, and/or postal mail.
DISCLAIMER OF WARRANTIES, INDEMNIFICATION, AND LIMITATION OF LIABILITY
THIS WEBSITE AND OUR SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL ACCESS TO THIS WEBSITE AND OUR SERVICES IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. SNC ReView DOES NOT ASSUME ANY RESPONSIBILITY AND WILL NOT BE LIABLE FOR ANY DAMAGES OR VIRUSES THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATIONS EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE OR OUR SERVICES OR DOWNLOADING ANY OF ITS CONTENT. BY VISITING THIS SITE, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SNC ReView, OUR VENDORS AND ALL OF THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY “SNC ReView PARTIES”) FROM AND AGAINST ALL CLAIMS, DEMANDS, DAMAGES, LIABILITIES, JUDGMENTS, AND SETTLEMENT, ARISING OUT OF OR RELATED TO YOUR BREACH OF THESE TERMS OF USE OR YOUR USE OR MISUSE OF THIS WEBSITE OR OUR SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION OR PROBLEMS WITH THIS WEBSITE OR OUR SERVICES OR ANY OF ITS CONTENT IS TO STOP USING THE WEBSITE OR OUR SERVICES.
TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, THIS WEBSITE AND OUR SERVICES DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR OUR SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE IS FREE OF VIRUSES, WORMS, OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. USERS ARE RESPONSIBLE FOR PROTECTING THEMSELVES BY INSTALLING, UPDATING AND RUNNING ANTI-VIRUS PROGRAMS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, CURRENCY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING THIS WEBSITE OR OUR SERVICES OR ANY INFORMATION PUBLISHED ON THIS WEBSITE OR PROVIDED BY OUR SERVICES.
BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU, YOUR USE OF THIS WEBSITE AND OUR SERVICES IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES, WILL THIS WEBSITE OR OUR SERVICES, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR OUR SERVICES OR YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS WEBSITE OR OUR SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, ARISING UNDER THE THEORY OF LAW, STATUTE, REGULATION, OR RULE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, ACCESS, REVENUE OR PROFITS, ETC. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER BASES AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF THIS WEBSITE OR OUR SERVICES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN THE OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES AGREE THAT THE LIMITATIONS IN THIS SECTION ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND SNC ReView. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).
SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THIS WEBSITE AND SNC ReView AND/OR ITS AFFILIATES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED TEN DOLLARS ($10.00) U.S. DOLLARS.
Arbitration
Any controversy or claim (“Claim”) you have arising out of or relating to these Terms shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in New York, New York. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding.
Governing Law and Statute of Limitations
Any claims relating to, and the use of, this website are governed by the laws of the State of New York, without giving effect to any choice or conflict of law provision or rule.
For enforcement of any arbitration award, or in the event arbitration is not permitted or required, then for any claim or action that may be submitted to any court, by using this website, you consent to personal jurisdiction in the federal and state courts of New York, which will have exclusive jurisdiction for any action arising out of or relating to this website or your use of this website or our services. Such claim or actions shall be instituted exclusively in the federal or state courts located in the City of New York, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any, and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Before seeking any legal remedy for any harm you believe you have suffered arising from or related to your use of this website or our services, you agree to inform us in writing and give us 90 days to cure the harm before initiating any action. You must indicate any cause of action within 180 days after the claim has arisen, or you will be barred from pursuing any cause of action.
No Class Actions
You agree to bring any claim or cause of action arising under or related to these Terms, the website, or any dispute with SNC ReView in your individual capacity, and not as a member or representative of any class or collective action.
General
You may not assign any rights or obligations under these Terms without SNC ReView’s prior written consent. SNC ReView may assign part or all of these Terms. All sections of these Terms which by their nature are designed to survive expiration or termination of these Terms will survive. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. These Terms constitute the entire agreement between you and SNC ReView, superseding any other agreement between you and SNC ReView with respect to such subject matter. If any provisions of these Term are found to be unenforceable, such provision shall be deemed modified to the minimal extent necessary to render it enforceable and if that is not possible such provision shall be deemed severed, and the other provisions will still remain in full force and effect.
Contact Information & Notices
We may deliver notices to you by electronic mail, social media account or similar platform, a general notice on this website, or by written communication delivered by First Class U.S. Mail to your address on record with us.
This website is operated by SNC ReView.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to mmalloy@sncreview.com