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Welcome to the User Agreement
for LenderLoft Corporation. This agreement describes the terms on which
you may access and use our services. In order to become a LenderLoft
user, you must read and accept all of the terms and conditions of this
agreement and the Privacy Policy. If you do not agree to be bound by
the terms, you may not use or access our services.
We reserve the right to modify
this Agreement at any time, and without prior notice, by posting amended
terms on this website. Your continued use of the LenderLoft service
indicates your acceptance of the amended User Agreement.
Description of Service
Lender Loft is an online service offered to enable mortgage professionals
to find and connect with other professionals more effectively (the “Lender
Loft Service”). Whether looking for a job, a lead for that next deal,
or an industry expert, Lender Loft users can make contact with thousands
of professionals who are users of the Lender Loft Service.
Membership Eligibility
The Lender Loft Service is not available to minors under the age of
18 or to any users suspended or removed from the system by Lender Loft
for any reason. Users may not have more than one active account. Additionally,
users are prohibited from selling, trading, or otherwise transferring
your Lender Loft account to another party. If you do not qualify, you
may not use the Lender Loft Service.
Use of Service
Your use of the Lender Loft Service is governed by this User Agreement.
Lender Loft may refuse service without prior notice to any user for
any or no reason.
You are responsible for maintaining
the confidentiality of your password and account, and are fully responsible
for all activities that occur under your password or account with or
without your knowledge. If you knowingly provide your login and password
information to another person, your account privileges may be suspended
temporarily or terminated. You agree to immediately notify Lender Loft
of any unauthorized use of your password or account or any other breach
of security. Lender Loft cannot and will not be liable for any loss
or damage arising from your failure to comply with this section.
Termination
You agree that Lender Loft may, with or without cause, immediately terminate
your Lender Loft account and access to the Lender Loft Service without
prior notice. Without limiting the foregoing, the following will lead
to a termination by Lender Loft of a user’s use of the Lender Loft
Service (a) breaches or violations of this User Agreement or other incorporated
agreements or guidelines, (b) requests by law enforcement or other government
agencies, (c) a request by you (self-initiated account deletions), (d)
unexpected technical issues or problems, and (e) extended periods of
inactivity. Termination of your Lender Loft account includes (a) removal
of access to all offerings within the Lender Loft Service, (b) deletion
of your password and all related information, files and content associated
with or inside your account (or any part thereof), and (c) barring further
use of the Lender Loft Service. Further, you agree that all terminations
shall be made in Link din’s sole discretion and that Lender Loft shall
not be liable to you or any third-party for any termination of your
account or access to the Lender Loft Service.
User Conduct
You understand and agree not to use Lender Loft to:
- Post content or
initiate communications which are unlawful, libelous, abusive, obscene,
discriminatory, or otherwise objectionable.
- Use the Lender Loft
Service for any illegal purpose, including but not limited to conspiring
to violate laws.
- Falsely state, impersonate,
or otherwise misrepresent your identity, including but not limited to
the use of a pseudonym, or misrepresenting your current or previous
positions and qualifications, or your affiliations with a person or
entity, past or present.
- Upload, post, email,
transmit or otherwise make available any content or initiate communications
which include information that you do not have the right to disclose
or make available under any law or under contractual or fiduciary relationships
(such as insider information, or proprietary and confidential information
learned or disclosed as part of employment relationships or under nondisclosure
agreements).
- Upload, post, email,
transmit or otherwise make available any content or initiate communication
that infringes upon patents, trademarks, trade secrets, copyrights or
other proprietary rights.
- Collect or store
personal data about other users, including but not limited to information
about another user’s work experience, skills, or reputation information
or metadata such as the number or identity of contacts in another user’s
Lender Loft network.
- Upload, post, email,
transmit or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, "junk mail", "spam", "chain
letters", "pyramid schemes", or any other form of solicitation.
This prohibition includes but is not limited to a) Using Lender Loft
invitations to send messages to people who don't know you or who are
unlikely to recognize you as a known contact; b) Using Lender Loft to
connect to people who don’t know you and then sending unsolicited
promotional messages to those direct connections without their permission;
and c) Sending messages to distribution lists, newsgroup aliases, or
group aliases.
- Upload, post, email,
transmit or otherwise make available any material that contains software
viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware
or telecommunications equipment.
- Stalk or harass
anyone.
- Forge headers or
otherwise manipulate identifiers in order to disguise the origin of
any communication transmitted through the Lender Loft Service.
- Post content in
fields that aren’t intended for that content. Example: Putting an
address in a name or title field.
- Interfere with or
disrupt the Lender Loft Service or servers or networks connected to
the Lender Loft Service, or disobey any requirements, procedures, policies
or regulations of networks connected to the Lender Loft Service.
International Use
Recognizing the global nature of the Internet, you agree to comply with
all applicable local rules including but not limited to rules regarding
online conduct and acceptable content. Specifically, you agree to comply
with all applicable laws regarding the transmission of technical data
exported from the United States or the country in which you reside.
Information Provided on
this Website
In the course of using the Lender Loft Service, users may provide information
about themselves which may be visible to certain other users (see our Privacy Policy to learn more about information collected
on this website). You understand that by posting materials on the Lender
Loft website or otherwise providing materials to Lender Loft, you are
granting to Lender Loft Corporation a royalty-free, perpetual, irrevocable
license to use this information in the course of offering the Lender
Loft service. Furthermore, you understand that Lender Loft retains the
right to reformat, excerpt, or translate any materials submitted by
you. You understand that all information publicly posted or privately
transmitted through the Lender Loft Service is the sole responsibility
of the person from which such content originated and that Lender Loft
will not be liable for any errors or omissions in any content. You understand
that Lender Loft cannot guarantee the identity of any other users with
whom you may interact in the course of using the Lender Loft Service.
Additionally, we cannot guarantee the authenticity of any data which
users may provide about themselves or relationships they may describe.
Access to Service
Use of manual or automated software, devices, or other processes to
“crawl” or “spider” any web pages contained in the Lender Loft
website is strictly prohibited. You agree not to monitor or copy, or
allow others to monitor or copy, our web pages or the content included
herein. You also agree not to “frame” or otherwise simulate the
appearance or function of this website. Furthermore, you agree not to
take any action that interferes with the proper working of or places
an unreasonable load on our infrastructure, including but not limited
to unsolicited communications, attempts to gain unauthorized access,
or transmission or activation of computer viruses.
Lender Loft Communications
In the course of providing you services, Lender Loft may need to communicate
with you via email (see our Privacy Policy to learn more about communications).
You agree to receive emails which are specific to your account and necessary
for the normal functioning of the Lender Loft Service, including a series
of up to five welcome emails which help inform new users about various
features of the Lender Loft Service. You also agree to have your name
and/or email address listed in the header of certain communications
which you initiate through the Lender Loft Service.
Monitoring and Enforcement
While we have the right to monitor activity and content associated with
the Lender Loft Service, we are not obligated to do so. And since we
do not, and may not have the ability to, control or actively monitor
content we don’t guarantee its accuracy, integrity or quality. Because
community standards vary and individuals sometimes choose not to comply
with our policies and practices, in the process of using our website,
you may be exposed to content that you find offensive or objectionable.
You can contact our Customer Service Department to let us know of content
that you find objectionable. We may investigate the complaints and violations
of our policies that come to our attention and may take any action that
we believe is appropriate, including, but not limited to issuing warnings,
removing the content or terminating accounts and/or subscriptions. However,
because situations and interpretations vary, we also reserve the right
not to take any action. Please remember that you can always choose to
refrain from using any part of the Lender Loft Service that may expose
you to something that you are uncomfortable with. Under no circumstances
will we be liable in any way for any content, including, but not limited
to, any errors or omissions in any content, or any loss or damage of
any kind incurred as a result of the use of, access to, or denial of
access to any content on the website.
Fees
Signing up for a Lender Loft account is free for the first 30 days. After that
period, an monthly fee of $29.95 will be charged to your credit card. Users
are not bound to any contract other than the month for which they have paid.
Certain other services are provided for free only to beta users and some services
are free to all users. Lender Loft reserves the right to charge for the Lender
Loft Service or any portion thereof, modify the pricing of, add to, or discontinue
the Lender Loft Service or any portion thereof without prior notice.
Indemnification
By accepting this User Agreement, you agree to indemnify and otherwise
hold harmless Lender Loft Corporation, its officers, employees, agents,
subsidiaries, affiliates and other partners from any direct, indirect,
incidental, special, consequential or exemplary damages resulting from
i) your use of the Lender Loft Service; ii) unauthorized access to or
alteration of your communications with or through the Lender Loft Service,
or iii) any other matter relating to the Lender Loft Service. Any business
transactions which may arise between users from their use of Lender
Loft are the sole responsibility of the users involved.
You understand and agree that
Lender Loft may disclose information if required to do so by law or
in the good faith belief that such disclosure is reasonably necessary
to comply with legal process, enforce this User Agreement, or protect
the rights, property, or safety of Lender Loft, its users, and the public.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THE LENDERLOFT SERVICE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT LENDERLOFT DOES
NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION
OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. LENDERLOFT
ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS
BETWEEN USERS. LENDERLOFT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
LENDERLOFT MAKES NO WARRANTY
THAT (i) THE LENDERLOFT SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE
LENDERLOFT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE LENDERLOFT SERVICE
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE LENDERLOFT SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS
IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE LENDERLOFT SERVICE IS DONE
AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM LENDERLOFT OR THROUGH OR FROM
THE LENDERLOFT SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THIS USER AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME
OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Entire Agreement
The User Agreement constitutes the entire agreement between you and
Lender Loft and governs your use of the Lender Loft Service, superceding
any prior agreements between you and Lender Loft.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LENDERLOFT SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LENDERLOFT HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL LENDERLOFT’S TOTAL
CUMULATIVE DAMAGES EXCEED US$ 100.
Governing Law
The User Agreement between you and Lender Loft Corporation will be governed
by and construed in accordance with the laws of the State of California
without regard to conflict of laws principles.
General Information
Lender Loft, the Lender Loft logo, and other Lender Loft logos and names
are trademarks of Lender Loft Corporation. You agree not to display
or use these trademarks in any manner without LenderLoft's prior, written
permission. The section titles of this User Agreement are displayed
for convenience only and have no legal effect. Please send any questions
or comments, or report violations of the User Agreement to: help@lenderloft.com
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