By using LoanProposals.com (the “Services”), you are agreeing to be bound by the following terms and conditions of using the Services (the “Agreement”). In this Agreement, a person or legal entity using the Services is referred to as an “Account Holder” and an “End User”.
The service websites are located at www.loanproposals.com, software.loanproposals.com, flyers.loanproposals.com and applyatmysite.com, this “Site”, provided to you by LoanProposals.com, Inc., a Florida corporation, is a web-based lead management, loan proposal and marketing software solution to manage leads and prospects (“Account Holder Data”). The service is provided on a “Software as a Service” (SaaS) basis which the Account Holder and End Users will be able to access remotely through an Internet browser on a computer connected to the Internet. The terms of this Agreement will cover any situation where you use and access the Services or you permit a person to use and access the Services, even if that person is not listed as an Account Holder’s End User.
Changes to Terms and Conditions of Agreement and Services
LoanProposals.com, Inc. reserves the right to update and change the Terms of Service from time to time. LoanProposals.com, Inc. will send you email notices regarding updates or changes to this agreement with reasonable advance notice. Any new features that augment or enhance the current Services, including the release of new tools and resources, shall be subject to the Agreement. Continued use of the Services after any such changes shall constitute your consent to such changes.
As an Account Holder, you agree that all information that you provide LoanProposals.com, Inc. in connection with your access to and use of the Site and Services is true, accurate and complete to the best of your knowledge, belief and ability, and that you will maintain and routinely update such information to keep it true, accurate and complete at all times. LoanProposals.com, Inc. reserves the right to suspend or terminate this Agreement and to refuse, restrict or discontinue service or access to the Site and the Services in the event that any information provided by an Account Holder in the account registration process is, at any time, untrue, inaccurate or incomplete and has not been remedied by Account Holder in a timely manner. You agree that LoanProposals.com, Inc. shall not be liable to you for loss or damages that may result from its refusal to grant access to the Services. To access or use the Services you will be required to establish and obtain a user login or user ID and a password. You authorize LoanProposals.com, Inc. to process any and all account transactions initiated through the use of your User ID or password.
Account Holders and End Users
Non-public personal information that LoanProposals.com, Inc. collects and reviews to register Account Holders and End Users may be disclosed, as provided by state and/or federal laws. We restrict access to non-public information about you to those employees who need to know that information to provide the Services to you. We maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your non-public personal information.
Account Holder Data
In using the Services, we understand that you may be sending Account Holder Data, including but not limited to, non-public, personally identifiable information regarding your customers through the Services provided under this Agreement. While monitoring or repairing the Site or the Services, employees of LoanProposals.com, Inc. may gain access to Account Holder Data in order to maintain the Site and the Services. We restrict access to such information to those employees or agents of LoanProposals.com, Inc. who need access to maintain the Site or the Services. We also strive to follow generally accepted industry standards to protect Account Holder Data, both during transmission and once received. We strive to use commercially acceptable means to protect Account Holder Data, and we strive to ensure that the Services comply with the requirements of privacy laws in the United States. In recognition of responsibilities under the federal Gramm Leach Bliley Act and related interagency guidelines (the “Act”), LoanProposals.com, Inc. has implemented a comprehensive information security program, including administrative, technical, and physical safeguards, designed to (i) ensure the security and confidentiality of Account Holder Data; (ii) protect against any anticipated threats or hazards to the security or integrity of Account Holder Data; and (iii) protect against unauthorized access to or use of Account Holder Data that could result in substantial harm or inconvenience to any customer. The security program includes the following controls and processes: (a) access controls on information systems of the Services, including controls to authenticate and permit access only to authorized individuals and controls to prevent employees from providing your Account Holder Data to unauthorized individuals who may seek to obtain this information through fraudulent means; (b) access restrictions at physical locations containing your Account Holder Data, such as buildings, computer facilities, and records storage facilities to permit access only to authorized individuals; (c) encryption of electronic Account Holder Data, including while in transit or in storage on networks or systems to which unauthorized individuals may have access; (d) dual control procedures, segregation of duties, and employee background checks for employees with responsibilities for or access to Account Holder Data; (e) monitoring systems and procedures to detect actual and attempted attacks on or intrusions into information systems containing Account Holder Data; (f) response programs that specify actions to be taken when LoanProposals.com, Inc. suspects or detects that unauthorized individuals have gained access to the information systems, including appropriate reports to regulatory and law enforcement agencies; and (g) measures to protect against destruction, loss, or damage of Account Holder Data due to potential environmental hazards, such as fire and water damage or technological failures. Upon request, LoanProposals.com, Inc. will provide you with a copy of its Information Technology policies and controls, as well as similar documentation that is reasonably requested to show that key security controls are in place.
Disposal of Account Holder Data
Upon account termination, LoanProposals.com, Inc. will ensure that all computer storage media that contain or could possibly contain Account Holder Account Holder Data including, without limitation, consumer and other customer information, will be sanitized or disposed of in a secure manner to ensure complete destruction and of the data, beyond any reasonable expectation or recovery. This includes all removable media as well as non-removable media such as system hard drives, storage arrays, or flash memory. “Sanitization” means either 1) the physical erasure and rewriting of all areas of storage in such a manner that the data or item contents cannot be recovered through any reasonable means; or 2) the physical destruction of the component. “Destruction” means physical destruction in such a manner that the data or item can never be recovered or reused. The data will be destroyed before the equipment is reused and LoanProposals.com shall be accountable for sanitization of the data and/or equipment. Upon request, LoanProposals.com shall provide a certificate of sanitization for each sanitized item specifying the sanitization method that was used and listing the number and type of devices (individually if possible) that were destroyed. If such Account Holder Data is in paper form, LoanProposals.com, Inc. will ensure that such paper records are disposed of by rendering the paper records unreadable in a secure manner.
Fees, Payments and Refunds
The Service is billed in advance on a monthly or annual basis and is non-refundable, except as noted in this Agreement. Since LoanProposals.com, Inc. is offering non-tangible irrevocable digital goods, there will be no refunds or credits for partial months of service, or refunds for months unused with an open account. As consideration for the Services purchased, you agree to pay LoanProposals.com, Inc. the applicable Service fees set forth at www.loanproposals.com (unless a specific Pricing Agreement has been defined and signed by both parties) upon receipt of your invoice from LoanProposals.com, Inc. All fees are due immediately upon receipt of an invoice and are nonrefundable, even in the event of termination or cancellation of this Agreement unless otherwise stated.
If paying monthly, you must provide LoanProposals.com, Inc. with a valid credit card or with bank account information which must include the account and routing numbers in order to authorize LoanProposals.com, Inc. to automatically withdraw the funds from your bank account (ACH) as a condition to signing up for the Services. LoanProposals.com, Inc. reserves the right to modify its fees and charges and to introduce new charges with 30 days notice. You agree and acknowledge that LoanProposals.com, Inc. will automatically charge your credit card the exact amount on an invoice for Services or will automatically withdraw (ACH) from your bank account the exact amount on the invoice for the Services. If you believe that a charge to your credit card or a withdrawal from your bank account is incorrect or was not authorized, you must contact LoanProposals.com in writing within 45 days of the date of the transaction to be eligible to receive an adjustment or credit.
If paying annually, you may continue to use the payment methods available as described in the previous paragraph or you may pay by check with prior approval from LoanProposals.com, Inc.
Invoices that remain unpaid 15 days past their due date are subject to a late fee of 5% of the past due balance or the maximum allowed by law plus collection expenses, including, without limitation, reasonable attorney fees, court costs and collection agency fees. In addition, LoanProposals.com, Inc., reserves the right to suspend your access to the Services if your account becomes 15 days past due. LoanProposals.com, Inc., reserves the right to charge you a reconnection fee of $100 in the event that you are suspended from the Service and thereafter request to access the Service again. You will continue to be charged during any period of suspension. In addition, LoanProposals.com, Inc., reserves the right to terminate this Agreement and your access to the Services if your account becomes 45 days past due. You agree that LoanProposals.com, Inc. has no obligation to retain Account Holder Data and that such Account Holder Data may be irretrievable deleted if your account is 45 days or more past due. No suspension or termination of the Services or of this Agreement shall relieve the Account Holder from paying any amounts due. You shall be responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Services, other than taxes based on LoanProposals.com, Inc’s net income.
Cancellation and Termination
You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by logging into your account and going to the Account > Cancel Account screen. All of your data will be deleted within 30 days from the Service cancellation date. Your data can not be recovered once deleted. If you cancel the Service before the end of your current licensing period, your cancellation will take effect immediately and you will not be charged again. LoanProposals.com, Inc., in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other LoanProposals.com, Inc. service, for any reason at any time with advance written notice (email is sufficient). In the event of such a termination, LoanProposals.com, Inc. shall promptly refund Account Holder, on a prorated basis, for any fees paid for Service in advance. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.
General Practices Regarding Use, Storage and Access
You acknowledge that LoanProposals.com, Inc. may establish from time to time general practices and limits concerning use of the Services, including without limitation, establishing the maximum amount of storage space you have on the Service at any time. LoanProposals.com, Inc. may schedule maintenance windows which the Service may not be completely available during scheduled maintenance. Reasonable efforts are made to schedule maintenance windows during non business hours. LoanProposals.com, Inc. will send advance email notification to Account Holder for any scheduled maintenance. LoanProposals.com, Inc. will take responsibility for any permanent deletion or failure to store any Account Holder Data maintained or transmitted by the Services provided that such deletion or failure was due to LoanProposals.com, Inc’s negligence and provided that your account subscription has not been suspended, cancelled or terminated. As a condition of use for these Services, you agree that, in the event of an error with the Services, an authorized service technician will be permitted to access the Account Holder Data as necessary to resolve the problem.
Service Level Agreement
Disaster Recovery – In the event of a natural or man-made disaster, all Account Holder Data will be migrated to a secondary datacenter in a separate geographic location that is a replica of the current production environment. It may take up to 24-48 hours to migrate Account Holder Data over to the secondary geographic location.
Data Back-Ups – Daily incremental backups are performed by backing up all Account Holder Data seven (7) days a week. These daily incremental backups are kept for one week.
Email & Phone Support – LoanProposals.com, Inc. will provide telephone and email support during the term of this agreement. Support requests will be responded to within 2 business days.
Ownership of and Responsibility for Content of Account Holder Data
LoanProposals.com, Inc. does not own or control the content of any Account Holder Data. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Account Holder Data. You understand that the content of all Account Holder Data, whether publicly posted or privately transmitted, is your sole responsibility. This means that you, and not LoanProposals.com, Inc., is entirely responsible for all Account Holder Data that you upload or otherwise transmit via the Services. LoanProposals.com, Inc. does not control the content of the Account Holder Data uploaded or otherwise transmitted by you or other end users via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Account Holder Data.
No Resale of the Service and Additional Restrictions
You agree not to copy, sell, resell, rent or sublicense (including offering the Service to third parties on an applications service provider or time-sharing basis), lease, loan, redistribute, or create a derivative work of any portion of the Service, use of the Service, or access to the Service. You agree not to access the Service by any means other than through the interface that is provided for use in accessing the Service.
To the maximum extent permitted by law, you will not (a) modify, reverse engineer, decompile, disassemble or attempt to derive the source code of the software related to the Services; (b) rent, lease, loan, sell, sublicense, distribute, transmit assign, or otherwise transfer your rights to use the Services to any third party; (c) make any copy of or otherwise reproduce the software related to the Services or any portion thereof, except as expressly authorized; or (d) participate in or support any security breaches to the systems such as hacking, denial of service (DOS), or viruses.
Security and User ID and Passwords
LoanProposals.com, Inc. takes commercially reasonable measures to secure and protect information transmitted to and from the Site. You are responsible for maintaining the confidentiality of any login User ID and any password that may be assigned to you the Account Holder and your End Users by the Services, and you are fully responsible for all access and any activity that occurs through use of your User ID or password. You agree to immediately notify LoanProposals.com, Inc. of any unauthorized use of your User ID or password or any other breach of Site security of which you become aware. If you the Account Holder or any of your End Users suspect unauthorized use of your account, you agree to immediately change your password and notify LoanProposals.com, Inc. immediately. You also agree to take such further steps as may be reasonably requested by LoanProposals.com, Inc. to prevent unauthorized use of your User ID and password. LoanProposals.com, Inc. cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
LoanProposals.com, Inc. has expended substantial time, effort and funds to create the Site and to provide and sell the Services that are available through the Site. You understand and agree that LoanProposals.com, Inc. owns or has been licensed by third parties to use all right, title and interest in and to the Site and the Services made available on or through the Site, and all information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other content contained in it (the “Content”). You further understand that the collection, design, selection and arrangement of the Content contain valuable proprietary information that is protected by applicable intellectual property and other proprietary rights and laws of the United States and other countries, and that you acquire no ownership interest by accessing and using the Site and the Services. Such intellectual property and proprietary rights include, but are not limited to various patents, copyrights, trademarks, and service marks, registered trademarks and service marks, and trade secrets and all such rights are and shall remain the property of LoanProposals.com, Inc. and its licensors.
Account Holder and End User Conduct
You agree that you will not use the Services to: (a) upload or otherwise transmit any Account Holder Data, domain name or content that is unlawful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, any LoanProposals.com, Inc. representative, or misrepresent LoanProposals.com, Inc. affiliation with any person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Account Holder Data transmitted through the Services; (e) upload or otherwise transmit any Account Holder Data that you do not have a right to transmit under any law or under contractual relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (f) upload or otherwise transmit any Account Holder Data or domain name that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person; (g) upload or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation, except in those areas of the Services that may be designated for such purpose; (h) upload or otherwise transmit 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; (i) interfere with or disrupt the Services or servers or networks connected to the Services; (j) violate any applicable law or regulation, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission and any rules of any securities exchange, and laws regarding the export of technical data; (k) incite or provide instructional information about illegal activities; or (l) conduct raffles, contests, lotteries or sweepstakes.
LoanProposals.com, Inc. shall not employ any subcontractor that resides or performs services under this Agreement outside the United States without Account Holder’s prior written consent.
Limitation of Liability and Disclaimer of Warranties
EXCEPT AS SPECIFICALLY REPRESENTED IN THIS AGREEMENT, LOANPROPOSALS.COM, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WHATSOEVER, INCLUDING WITHOUT LIMITATION, WARRANTIES FOR THE (a) ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE (b) THAT THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OTHERWISE USE THIS SITE OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO LOANPROPOSALS.COM, INC.’S NEGLIGENCE, SHALL LOANPROPOSALS.COM, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (a) THE USE OF (b) THE INABILITY TO USE OR (c) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THE SITE AND THE SERVICES, EVEN IF LOANPROPOSALS.COM, INC. OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXLCUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXLCUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL LOANPROPOSALS.COM, INC.’S LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT THAT YOU PAID FOR THE SERVICES TO LOANPROPOSALS.COM, INC. OVER THE TWELVE (12) MONTHS IMMEDIATELY PRECEEDING THE TIME THAT YOUR CLAIM AROSE OR, IF YOU HAD NOT BEEN A SUBSCRIBER OF THE SERVICES OVER THE ENTIRE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE TIME THAT YOUR CLAIM AROSE, THEN THE AVERAGE MONTHLY AMOUNT YOU PAID FOR THE SERVICE DURING THE MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CLAIM AROSE MULTIPLIED BY 12.
ADDITIONALLY, THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. LOANPROPOSALS.COM, INC. IS NOT RESPONSIBLE FOR SUCH DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
You agree to indemnify, defend, and hold LoanProposals.com, Inc. and all of its agents, directors, employees, information providers, licensors and officers (collectively, “Indemnified Parties”), harmless from and against any and all liability and costs (including, without limitation, attorneys’ fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you and the terms and conditions of this Agreement. LoanProposals.com, Inc. agrees to indemnify, defend, and hold you harmless from and against any and all liability and costs (including without limitation, attorneys’ fees and costs), incurred by you in connection with any claim arising out of a breach by LoanProposals.com, Inc. of and as provided by the terms and condition of this Agreement.
Any hyperlinks that are provided on the Site to other web sites may not be under the control of LoanProposals.com, Inc. LoanProposals.com, Inc. does not sponsor or endorse such other linked web sites and is not responsible for the accuracy or content of such other web sites. LoanProposals.com, Inc. disclaims all liability for such other websites, the use of such other web sites, or the use of the links to the other web sites. LoanProposals.com, Inc. also makes no representations or warranties with regard to any products or services provided by such other web sites. Links on the Site to other web sites do not imply that LoanProposals.com, Inc. is affiliated with or is legally authorized to use the trademark, trade name, logo or copyright symbol displayed in connection with or accessible through such links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol owned by LoanProposals.com, Inc. or its affiliates. LoanProposals.com, Inc. is not responsible for the privacy practices of any other web sites that are linked.
Examination of LoanProposals.com, Inc.
We acknowledge that the banking regulatory agencies may have authority to regulate and examine services provided to you. Upon request, we will provide reasonable proof of compliance with key controls such as incident response plan, disaster recovery plan, business continuity plan and insurance certificates, and we will allow you or your regulators to audit such controls. We agree to promptly notify you after discovering systems security breaches that may affect you or the Services, and we will reasonably cooperate with you and any applicable regulatory bodies to appropriately respond to a security incident.
During the term of this Agreement, LoanProposals.com, Inc. will keep in force insurance policies with appropriate and adequate coverage, including but not limited to professional liability.
Governing Law and Dispute Resolution
This Agreement shall be construed and enforced according to the laws of the State of Florida, without respect to its conflict of law principles. Except for the right of either party to apply to a court of competent jurisdiction for a temporary restraining order or other equitable remedy to preserve the status quo or prevent irreparable harm, the parties agree to attempt, after written notice of any dispute hereunder, in good faith to resolve any dispute, controversy or claim arising out of or relating to this Agreement promptly through negotiations between senior management of the parties. If senior management is unable to resolve the dispute in a mutually acceptable manner within seven (7) business days, then the parties may pursue their rights hereunder in any manner available to them.
LoanProposals.com, Inc’s failure to enforce the strict performance of any provision of this Agreement or the Addendum will not constitute a waiver of LoanProposals.com, Inc’s right to subsequently enforce such provision or any other provisions hereunder.
Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect and, if the subject term or provision is deemed to be invalid, void or unenforceable only with respect to a particular application, such term or provision shall remain in full force and effect with respect to all other applications.
You may not assign this Agreement or any right or obligation hereunder, by operation of law or otherwise, without LoanProposals.com, Inc’s prior written consent. LoanProposals.com, Inc. may assign its rights and obligations under this Agreement without your consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.
This Agreement, in conjunction any written Pricing Agreement signed by both parties and all policies and guidelines incorporated herein by reference, constitutes the entire agreement between you and LoanProposals.com, Inc. with respect to the subject matter hereof and there are no representations, understandings or agreements, which are not fully expressed in this Agreement and the related policies and guidelines.