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.