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.


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