|
Terms
of Use
These Terms of Use (hereinafter Agreement) describes the
terms and conditions under which the services of this
Website are provided. By entering this Website to use the
services provided, you agree to be bound by this Agreement
and by the terms of the Privacy Policy, which is made a part
of this Agreement by this reference.
LendingApps LLC, a limited liability company formed under
the laws of the State of California (hereinafter referred to
as LendingApps, or sometimes, when the context allows, "us”,
“we” or “our”), owns and maintains this Website on the
Internet with its home located at the Uniform Resource
Locator ("URL") http://www.BrokerProWeb.com (or any
successor or replacement thereto) (hereinafter Website). In
this Agreement, "you" and "your" refers to you as a user of
the Website and the services. If you have any questions
regarding this Agreement, please send email to
support@BrokerProWeb.com.
If you are dissatisfied with any portion of the information
and/or Services available on the Website or with any of the
terms and conditions of this Agreement or the Privacy
Policy, your sole and exclusive remedy is to discontinue
your use of the Website and the Services available on and
through the Website.
Changes in this Agreement
LendingApps may restate, revise or amend this Agreement at
any time by posting such restated, revised or amended
Agreement (collectively, a “New Agreement”) on the Website.
The effective date of any such New Agreement will be one day
after the “Updated” date, indicated on the first page of
this Agreement. You should visit this page periodically to
review this Agreement and become familiar with any New
Agreement, because it is binding on you and it governs your
use of this Website and the Services. Unless expressly
stated otherwise, any new features that augment or enhance
the current Services will also be subject to the provisions
of this Agreement.
Terms of Access and Use
By registering an account for the Services, you specifically
acknowledge and agree to the following: a. Your right to
access and use the Services is by virtue of a revocable
license (“License”) granted to you by LendingApps Your
License is conditioned on, among other things, adherence to
the terms and conditions of this Agreement. Other than the
License, you acquire no other right to the Website, its
content or the Service. b. Your user name and password must
not be distributed to others. This will result in immediate
termination of your License to access and use the Service.
c. LendingApps reserves the right to refuse you access at
any time for any reason. d. You agree not to reproduce,
duplicate, copy, sell, resell or exploit for any commercial
purposes, any portion of the Website and use of the Service
or access to the Service. The material on the Service is for
the private, non-commercial use only. Any other use is
prohibited.
The Services
As a user, you will be entitled to access the Services,
which will include the following: a. Access to proprietary
forms, templates and other utilities made available by
LendingApps from time to time, to facilitate the compilation
of all necessary information to complete a financing
application for commercial or income real estate. b. You
will be provided sufficient storage space on our servers to
save your loan application files. c. You will be provided
access to our proprietary database of selected lenders to
receive your completed loan applications. d. Your loan
applications will be submitted by LendingApps to each lender
that you select and meets the lender criteria. In the course
of providing the Services to you, LendingApps may be
required to share some or all of the information you provide
to us to other third parties. To facilitate LendingApps in
providing the Services to you, you hereby grant to
LendingApps a non-exclusive, worldwide, transferable,
perpetual, irrevocable, royalty free license to use, in
connection with operating and promoting the Website, in any
media now known or hereafter developed, all information and
materials you provide, subject to the terms and conditions
of the Privacy Policy. No refund or credit will be issued
for any reason at any time after purchase has been made.
Changes in Services
LendingApps may add, delete, revise or modify some or all of
the Services offered on or through the Website, or any other
aspect or feature of this Website, at any time, in its sole
discretion. This includes but is not limited to, any Service
provided by LendingApps, content displayed on this Website,
hours of availability, and equipment needed for access to or
use of this Website. Certain areas of this Website may be
added, or additional Services may be made available that may
be subject to additional terms of use.
Transactions Between You and Third Parties
You acknowledge and agree that LendingApps is solely a
provider of technology in the form of the Services provided
through this Website. LendingApps is not a loan broker,
arranger, or facilitator. Other than as the provider of this
Website and the Services, LendingApps is not involved in the
consummation of any transaction between you and any third
party whose services or products may, from time to time, be
available on or through this Website. LendingApps does not
endorse or recommend the products or services of any
particular participating lender. LendingApps is not an agent
of yours or any participating lender. You are required to
rely on your judgment and experience in the preparation of
financing requests and applications, and the selection of
financing options that best suit the needs and interests of
you and your clients.
LendingApps does not endorse or recommend the products or
services of any particular participating lender. LendingApps
is not an agent of yours or any participating lender. You
are required to rely on your judgment and experience in the
preparation of financing requests and applications, and the
selection of financing options that best suit the needs and
interests of you and your clients.
LendingApps makes no warranty as to the quality, identity or
reliability of any third party with whom you may elect to
conduct business after an introduction to such third party
by LendingApps on or through this Website, and whether you
should conduct business with such third party.
Individual lenders establish loan-underwriting criteria at
their sole discretion. LendingApps does not guarantee that
any of the loan applications you submit through this Website
will result in a participating lender extending the loan you
requested. Moreover, LendingApps does not guarantee that any
financing offered by a participating lender will be on the
best terms and rates available elsewhere in the marketplace.
LendingApps makes no warranty as to the quality, identity or
reliability of any third party with whom you may elect to
conduct business after an introduction to such third party
by LendingApps on or through this Website, and whether you
should conduct business with such third party.
You agree to release LendingApps, and all of its members,
equity holders, officers, directors, affiliates, employees
and agents, from any and all claims, causes of action and
damages of any nature (including, without limitation,
actual, special, incidental and consequential damages),
whether known or unknown, disclosed or undisclosed, arising
from a dispute between you and any third party, when such
dispute involves a transaction in which this Website and the
Services were involved in any fashion.
Links to Other Websites LendingApps may, from time to time,
display icons, graphic or textual links to other Websites,
or display selected pages of other Websites not affiliated
with LendingApps through framing or other means. Any
content, product or service provided by other Websites is
subject to the control of such third parties and not
LendingApps. Your access to and use of any other Website,
and any transaction which you engage in on any other
Website, are subject to the applicable user agreements of
that Website. LendingApps reserves the exclusive right and
sole discretion to add, decline or remove, without notice,
any icon or link to another Website.
Prohibited Use
This Website is the private property of LendingApps LLC and
your access to this Website is only by permission. Any
unauthorized access or use will be deemed, among other
things, a trespass, and LendingApps reserves the right to
pursue legal rights for any unauthorized access or use of
this Website, including seeking civil remedies and equitable
relief to the fullest extent possible, and referral of
matters to appropriate law enforcement agencies.
LendingApps specifically prohibits any access or use of this
Website and the Services, when such access or use involves
any of the following: a. Submitting any information
concerning yourself, or any information contained in any
loan application prepared by you and submitted to a lender
through LendingApps on your behalf, that is knowingly
inaccurate, false, or misleading; b. Posting or submitting
any material that is not entirely your own or for which you
are not fully authorized to use; c. Using any device,
software, or routine to interfere (or attempt to interfere)
with the proper working of LendingApps, the Services, or any
activity being conducted on this Website; d. d. Taking any
action that imposes an unreasonable or disproportionately
large load on LendingApps’ infrastructure (including without
limitation "flooding," "spamming," "mail bombing," or
"crashing" the Site); e. Accessing data not intended for you
or logging into a server or account that you are not
authorized to access; f. Probing, scanning, or testing the
vulnerability of the Website or otherwise attempting to
breach security or authentication measures without proper
authorization; g. Forging any TCP/IP packet header or any
part of the header information in any email or newsgroup
posting; h. Allowing, assisting or facilitating any other
person to access a non-public area of this Website,
disclosing to or sharing your password with any third
parties or using your password for any unauthorized purpose;
and i. Attempting to decipher, decompile, disassemble or
reverse engineer any of the software comprising or in any
way making up a part of this Website.
Connectivity and Availability of the Website
You are responsible for providing all lines, connections and
equipment necessary to access the Internet and connect to
the Website. While LendingApps’s objective is to make the
Website accessible 24 hours per day, 7 days per week, the
Website may become unavailable from time to time for any
reason including, without limitation, routine maintenance.
You understand and acknowledge that due to circumstances
both within and outside of the control of LendingApps,
access to the Website may be interrupted, suspended or
terminated from time to time. You agree that: (i)
LendingApps shall not be liable for any damages arising from
any such interruption, suspension or termination of the
Website and (ii) you assume the risk of such interruption,
suspension or termination of the Website.
Electronic Communications
When you subscribe for the Services, you are communicating
with LendingApps electronically and by doing so, you consent
to receive electronic communications from LendingApps
regarding your account. Additionally, by consenting to
accept electronic communications from us, you also agree
that all agreements, disclosures and notices, including any
updates to this Agreement, may be provided to you
electronically and that an electronic communication from us
satisfies any legal requirement that a communication be in
writing.
In addition, when you subscribe for the Services, you agree
that you have established a business relationship with
LendingApps and you consent to receive email notices from us
in the future about products or services that may be of
interest to you. If you are not interested in receiving such
email notices or from LendingApps, you should unsubscribe
now.
Downloading Of Intellectual Property
This Website contains proprietary material and information,
including without limitation, the forms, templates, methods
and processes employed in the Service, as well as the
general “look and feel” of this Website. All design, text,
software, images, trade names, logos and other information
presented on this Website is protected under United States
and other copyright laws and is owned by LendingApps or is
used under license from the owner of the respective
intellectual property rights. In addition, the entire
contents of this Website are copyrighted as a collective
work/compilation. LendingApps owns copyrights in the
selection, coordination, arrangement, and enhancement of
such content, as well as in the content original to it. You
may not modify, publish, transmit, participate in the
transfer or sale, create derivative works, or in any way
exploit, any of the content, in whole or in part. Except as
otherwise expressly permitted under copyright law, no
copying, redistribution, retransmission, publication or
commercial exploitation of downloaded material will be
permitted without the written permission of LendingApps (and
the copyright owner if other than LendingApps). If you are
given permission to copy, redistribute or publish
copyrighted material, you may not delete author attribution,
trademark legends or copyright notices. You acknowledge that
you do not acquire any ownership rights by downloading
copyrighted material.
Disclaimers YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR
OWN RISK. YOU WILL BE RESPONSIBLE FOR PROTECTING THE
CONFIDENTIALITY OF YOUR PASSWORD. NEITHER LendingApps, (AND
ALL OF ITS MEMBERS, EQUITY HOLDERS, OFFICERS, DIRECTORS,
AFFILIATES, EMPLOYEES AND AGENTS), NOR ANY THIRD PARTY
CONTENT PROVIDERS OR LICENSORS, WARRANT THAT YOUR USE OF
THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO
THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM USE OF THIS WEBSITE, OR AS TO THE ACCURACY,
RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR
MERCHANDISE PROVIDED THROUGH THIS WEBSITE.
THIS WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE
IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR
MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THE DISCLAIMERS CONTAINED IN THIS AGREEMENT APPLY TO ANY
DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION
LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF
CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER
CAUSE OF ACTION.
IN NO EVENT WILL LendingApps OR ANY OF ITS MEMBERS, EQUITY
HOLDERS, OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES OR
AGENTS , OR ANY PERSON OR ENTITY INVOLVED IN CREATING,
PRODUCING OR MAINTAINING THIS Website BE LIABLE FOR ANY
DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES
ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER
LendingApps, (AND ALL OF ITS MEMBERS, EQUITY HOLDERS,
OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) NOR
ANY INFORMATION PROVIDERS, OR CONTENT PROVIDERS WILL BE
LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS,
INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR
UNTIMELINESS OF, INFORMATION CONTAINED WITHIN OR PROVIDED
THROUGH THIS WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN
THE TRANSMISSION THEREOF TO ANY USER, OR FOR ANY CLAIMS OR
LOSSES ARISING FROM USING THIS WEBSITE.
Termination
LendingApps may terminate your access to the Website at any
time, for any reason or no reason, and you shall have no
recourse, and LendingApps shall have no liability, with
respect to any such termination. This Agreement shall
automatically terminate upon your breach of any of the terms
of this Agreement, or upon the termination by LendingApps of
your access to the Website. All provisions of this Agreement
relating to warranties, confidentiality obligations of you,
proprietary rights, limitation of liability, indemnification
obligations and payment obligations shall survive the
termination of this Agreement.
Limitation of Liability
YOU AGREE THAT NEITHER LendingApps NOR ANY OF ITS MEMBERS,
EQUITY HOLDERS, OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES
OR AGENTS, WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES OR LOST PROFITS. IN ALL EVENTS, LendingApps SHALL
HAVE NO LIABILITY IN ANY CAUSE OF ACTION, ARISING FROM YOUR
USE OF THIS WEBSITE INCLUDING, WITHOUT LIMITATION, ACTS OR
OMISSIONS BY YOU OR ANY THIRD PARTIES, OR AS THE RESULT OF
ANY OUTAGES OR NON-AVAILABILITY OF THE WEBSITE OR ANY OF THE
SERVICES AVAILABLE ON OR THROUGH THE WEBSITE.
Indemnification You agree to save, defend, indemnify, and
hold harmless LendingApps, and all of its members, equity
holders, officers, directors, affiliates, employees and
agents from and against any claim, demand, cause of action,
debt, judgment or liability, including reasonable attorneys’
fees, to the extent that it is based upon a claim that: (a)
arises out of or in relation to your use of the Website and
is not caused by the gross negligence or conduct of
LendingApps; (b) if true, would constitute a breach of any
of your representations, warranties, obligations or other
agreements hereunder; or (c) arises out of your negligence,
willful misconduct, or abandonment. LendingApps may, at its
discretion and at its own expense, assist in the defense of
any indemnified claim through counsel selected by
LendingApps. In no event shall you have authority to bind
LendingApps to any settlement of any claim or with respect
to any other matter.
Relationship of the Parties
You and LendingApps are independent contractors, and no
agency, partnership, joint venture, employer, employee or
other similar relationship is intended or created by your
use of this Website.
Applicable Law
This Agreement shall be governed by and construed in
accordance with the laws of the State of California without
regard to its conflicts of laws provisions.
Legal Proceedings
Any legal proceeding, which is commenced for the purposes of
seeking injunctive or other equitable relief will be
adjudicated by a court of competent jurisdiction sitting in
the State of California, County of Los Angelesand you and
LendingApps expressly consent to the personal jurisdiction
of the State and Federal courts sitting in Los Angeles
County, California.
Other General Provisions
This Agreement constitutes the entire agreement and
understanding between the parties with respect to the
subject matter of this Agreement and supersedes and replaces
any and all prior written or verbal agreements. Headings are
for reference only. A party’s failure to insist upon or
enforce strict performance of any provision of this
Agreement shall not be construed as a waiver of any
provision or right. Neither the course of conduct between
you and LendingApps LLC nor trade practice shall act to
modify any provision of this Agreement. If any provision of
this Agreement is held to be invalid or unenforceable, such
determination shall not affect such provision in any other
respect or any other provision of this Agreement, which
shall remain in full force and effect. To the extent that
LendingApps’ approval, consent or waiver is required under
any provision of this Agreement, such approval, consent or
waiver may be granted or withheld in LendingApps’ sole and
absolute discretion. You may not assign or transfer to third
parties any of your rights or obligations under this
Agreement, including authorization to access the Website and
use the Services, without the prior written permission from
LendingApps LLC.
|
