USER AGREEMENT, TERMS AND CONDITIONS
This User Agreement, Terms and Conditions is entered into by and between Loanboard.net and you, the user(Member) of the Loanboard.net site.
AGREEMENT BETWEEN USER AND LOANBOARD.NET
The Loanboard.net Web Site is intended to provide an information exchange through which participating licensed mortgage lenders and mortgage brokers and potential borrowers can interact. Loanboard.net is not a mortgage lender or a mortgage broker and does not process, underwrite, make or close loans or make any credit decisions in connection with loans. Loanboard.net does not endorse, recommend or favor the products of any participating broker or lender. The User should rely on his/her own judgement in deciding which loan product best suits his/her needs. This Web Site is offered to you, the User, conditioned upon your acceptance without modification of the terms and conditions contained herein. Your use of this Web Site constitutes your Agreement to all such terms and conditions.
INFORMATION PLACED ON WEB SITE
User understands, acknowledges and agrees that Loanboard.net has not control over any information placed on the Web Site by any lender,broker, or borrower, and that Loanboard.net is not responsible nor liable in any way for the truthfulness, correctness, accuracy or completeness of any such information.
CONTENT RESTRICTIONS
Loanboard.net does not and cannot review every message or item published on the Loanboard.net Site and is not responsible for the content of these messages and items.
ACCESS AND AVAILABILITY OF Loanboard.net AND LINKS
Loanboard.net reserves the right, in its sole discretion, to link additional sites or to remove existing linked sites at any time and without notice to Member.
REGISTRATION AND SECURITY
Member shall notify Loanboard.net at info@loanboard.net of any known or suspected unauthorized use of Member's account, or any known or suspected breach of security.
COMMUNICATIONS BETWEEN Loanboard.net AND MEMBERS
Unless Member indicates by notifying info@loanboard.net that Member does not want to receive such information, Loanboard.net reserves the right to disclose certain limited Member information for the purpose of providing Member with information about products and Loanboard.net.
Loanboard.net reserves the right to send electronic mail to any and all of its Members for the purpose of informing them of changes or additions to the Loanboard.net, or this agreement.
CHANGES TO Loanboard.net
Loanboard.net reserves the right to change or discontinue any part of the Loanboard.net Web Site and service. Loanboard.net may also impose limits on certain features without notice or liability. Notification of any such change will be posted on the Loanboard.net or sent to Member via e-mail.
If Loanboard.net makes changes to the Loanboard.net Site, and if the changes cause Member to be in default under the terms of this Agreement, Member may terminate its subscription by sending an e-mail notice of termination to info@loanboard.net. Member's access will be terminated to the Web Site at this time.
COMPENSATION
Under no circumstances will Loanboard.net be obligated to pay loan-related fees. Fees and charges should be negotiated directly with the lender and/or broker, not with or through Loanboard.net. All such fees and charges are separate and apart from the Web Site or any service provided by Loanboard.net.
Loanboard.net is not offering to make or broker any loans and specifically does not intend to offer any service in any jurisdiction where the offer or delivery of such service would not comply with or would violate any law or regulation. Any offer and any of the fees, explicit, or implied, are void where prohibited by law.
LEADS
User understands, acknowledges and agrees that Loanboard.net has no control over any information placed on the Web Site. User also understands, acknowledges and agrees that Loanboard.net is not responsible nor liable in any way for the truthfulness, correctness, accuracy or completeness of any such information.
COPYRIGHT NOTICE
The contents of all material available on the Web Site are copyrighted by Loanboard.net.
All rights are reserved by Loanboard.net and content may not be reproduced, downloaded, disseminated, published or transferred in any form or by any means, except with the prior written permission of Loanboard.net.
NOTICE AND DISCLAIMER
Information on this Site is provided "as is" without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose or non-infringement.
Loanboard.net, including, without limitation, its employees and agents, assumes absolutely no responsibility for any consequences resulting from or related to the use of the Web Site, or for the content of such information, including, but not limited to, delays, errors or omissions, the accuracy or reasonableness of the information, the deflamatory nature of statements, ownership of copyright or other intellectual property rights, and the violation of property, privacy or personal rights of others.
Loanboard.net is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of any use, reference or reliance on such information.
User expressly covenants and agrees to indemnify, defend and hold harmless Loanboard.net from and against any and all losses, damages, costs, and expenses, and any and all claims by any person or entity, that arise from or relate in any way to (i)the information or materials placed on the Web Site, (ii)any breach or non-performance of any term or provision of this Agreement, or (iii)any act, error or omission by User.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Web Site, you warrant to Loanboard.net that you will not use this Web Site or any information contained on this Web Site for any purpose that is unlawful or prohibited by these Terms and Conditions.
USER WARRANTIES AND COVENANT
User represents, warrants and covenants that, at all times while it is a User of the Web Site, (i)User had complied, and will continue to comply, with all legal, reugulatory and other requirements related to its use of the Web Site and the conduct of its activities, (ii) User has, and will continue to have, all requisite power and authority to execute, deliver and perform its obligations hereunder,(iii)no contractual or legal obligations exist that would prevent User from entering into this Agreement, using the Web Site or conducting its activities, (iv) all fees charged to borrowers by any broker and/or lender shall be appropriate and reasonably related to the value of the services rendered and comply with all federal and state statutes and regulations, and (v)User shall abide by all policies, procedures and guidelines established by Loanboard.net, including those related to compliance, privacy, and use of the Web Site.
MODIFICATION OF THESE TERMS AND CONDITIONS
Loanboard.net reserves the right, at any time to change the Terms and Conditions under which this Web Site is offered.
LINKS TO OTHER INTERNET SITES
Loanboard.net will offer live "links" to other internet addresses. Such linked sites contain information created, published, maintained, or otherwise posted by institutions or organizations independent of Loanboard.net. Loanboard.net does not endorse, approve, certify or control these linked Sites and does not guarantee the accuracy, completeness, efficacy and timeliness of the information contained therein. In addition, it is the user's responsibility to take precautions to ensure that material selected from such linked Sites is free of such items as viruses, worms, Trojan horses and other items of destructive nature. Loanboard.net is not responsible for, and expressly disclaims all liability for (i) the contents of the linked Site, (ii)damages of any kind arising out of the use of such linked Sites,or (iii) reference to or reliance on information contained therein.
GENERAL
Each party hereto may terminate this Agreement at any time for any reason. Notwithstanding the foregoing, all obligations, which arose under this Agreement prior to its termination, will survive termination, including but not limited to, all representations, warranties, and covenants and indemnification obligations of the parties.
As the User of this Web Site, you have directed your system to a computer located in the State of Nevada. You agree that disputes arising out of or relating to the contents or use of this Web Site are to be governed by the laws of the State of Nevada. You consent to the exclusive jurisdiction of courts sitting in the State of Nevada in all disputes arising out of or relating to the contents or use of this Web Site. You agree that all such disputes shall be tried by the court and hereby waive any right to trial by jury.
If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to reasonable attorney's fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including without limitation, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision tht most closely matches the intent of the original provision and the remainder of the Agreement shall continue in full force and effect.
This Agreement constitutes the entire Agreement between you and Loanboard.net with respect to the use of this Web Site and it supersedes all prior or contemporaneous communications and this Web Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The rights and obligations under this Agreement may not be assigned, including by operation of law, without the expressed written content of Loanboard.net.
Failure or delay in exercising any right shall not act as a waiver of any right, nor shall any single or partial exercise of any right preclude any other or further exercise thereof. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party marking the waiver. Remedies herein are deemed as cumulative and nonexclusive of each other.
Nothing contained in this Agreement shall be deemed to create, nor shall this Agreement be construed so as to create, a joint venture, agency, or employment relationship between Loanboard.net and any lender, broker, and/or borrower.
This Agreement shall be construed as though drafted by both parties and shall not be used in construed against or in favor of any party.
Captions and paragraph headings herein are for convenience only, and shall not be used in construing this Agreement.
This Agreement shall not be effective until accepted by Loanboard.net, as evidenced by the registration submission acknowledgement.
Any rights not expressly granted herein are reserved.
DISPUTE BETWEEN MEMBERS
Loanboard.net is acting only as a facility to help Members. Loanboard.net acts only as a data provider to its participating Members. Loanboard.net does not take part in the funding or arranging of any loans. Loanboard.net is not involved in any credit decision or any loan origination of any kind. All Members must conduct their own due diligence prior to and during any financial transaction. Loanboard.net does not guarantee any results to its Members.
Member hereby indemnifies, defends, and holds Loanboard.net, and its officers, directors, owners, agents, information providers, affiliates, licensors, licensees, and members (collectively, the "Indemnified Parties") harmless from and against any and all liability and cost incurred by the Indemnified Parties in connection with any claim arising out of any dispute between two or more Members, including reasonable attorney's fees and costs.
SITE LIMITATION
Member hereby indemnifies, defends and holds Loanboard.net, and its officers, directors, owners, agents, information providers, affiliates, licensors, licencees, and members (collectively, the "Indemnifed Parties") harmless from and against all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any technical failure in Loanboard.net. Technical failure may occur as a result of power failure, Site upgrade, faulty Internet connection, programming errors, database errors, and any other cause.
Member hereby indemnifies, defends and hold Loanboard.net, and its officers, directors, owners, agents, information providers, affiliates, licensors, licensees, and members (collectively, the "Indemnfied Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any Administration failure or malfunctions in Loanboard.net. Administration Failure and malfunction can occur by reason of human error or computer error and are not limited.
ACCEPTABLE COMMUNICATION POLICY
Loanboard.net allows you to freely communicate with loan applicants and real estate professionals to collect additional information needed to close a loan. Selling/promoting any other products, services, or websites to Loanboard.net members is strictly prohibited. Circumventing Acceptable Use Policy will be reason for immediate account termination and legal action to the fullest extent of the law.
TERMINATION AND REFUND POLICY
Member may terminate Member's account at any time by sending e-mail request to info@loanboard.net.
Loanboard.net membership is provided without a warranty of any kind, expressed or implied. Loanboard.net makes no warranties or representation regarding the accuracy or completeness of the information provided. Loanboard.net will not be held accountable to make any refunds of any kind.
REPRESENTATIONS AND WARRANTIES
Member represents, warrants and covenants:
(a) that Member's use of the Loanboard.net does not violate any federal, state or local laws, including securities laws; and
(b) that Member is at least twenty one (21) years old.
Member hereby indemnifies, defends and holds Loanboard.net, and its officers, directors, owner, agents, information providers, affiliates, licensors, licensees, and members harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by Member of this Agreement, including, reasonable attorneys fees and costs.
THE LOANBOARD.NET IS USED ON AN ''AS IS'' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED
MEMBER HEREBY ACKNOWLEDGES THAT USE OF THE LOANBOARD.NET IS AT MEMBER'S SOLE RISK.