Lendermate Terms of Service

We welcome you to the lendermate.com service and ask you to review these Terms of Use.

lendermate.com offers mortgage automation services as an Application Service Provider.
Any use of lendermate.com indicates you have 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 after you read this Agreement, you may not use the lendermate.com service.

You agree that we may modify the terms of this Agreement or the Privacy Policy, in our sole discretion, by posting amended terms to this Web site. Your continued use of the service indicates your acceptance of the amended Terms of Service Agreement.

1. THE SERVICE. The Service is provided by Lendermate Inc. and you understand and agree to the following: (a) if you choose to register, you must submit a valid e-mail address and select a password and user name during the registration process; (b) You are responsible for maintaining the confidentiality of your member name and password, and all uses of your account -- whether or not you've authorized such use; (c) You agree to notify Lendermate Inc. immediately of any unauthorized use of your account and (d) You are at least 17 years of age. Lendermate Inc. will not be held liable for any loss or damage for non-compliance. In addition, you understand and agree that the content of all users, including your content, will be collected, aggregated and anonymously integrated into the lendermate.com Service and that Lendermate Inc. will use aggregated data collected from you and other users for statistical and analytical reporting purposes. You understand, and agree that, unless expressly stated, Lendermate Inc. in no way controls, verifies, or endorses any of the information contained on or in the lendermate.com service, including links, events, messages, message boards and members published listings.

2. OWNERSHIP OF DATA. Data is wholly owned by lendermate.com upon entering of data. lendermate.com agrees to provide use of that data to the account "owner" as defined by who pays for the service, with the exception of rights of access by managers, owners, accountants, or administrator accounts as defined by the permissions within that user file, which is public information under "settings". In the event an individual loan officer, realtor, or other agent is billed personally for an account, should that loan officer, realtor, or agent change company of employment, that data (the pipeline) remains solely their use, exclusive of a former employer, provided account billing continues uninterrupted. In the event that accounts are maintained by a company, the data (pipeline) will remain property of the company being billed, and employee severance will result in account login rights becoming suspended. This feature is available only on corporate accounts, and is not available to individuals. In the event neither party continues access to that account (pipeline), lendermate.com reserves the right to use that data in any fashion, rights which do not include social security numbers. Under no circumstances will personally identifying data (including social security numbers) be sold, rented, leased, shared, or otherwise distributed. Data that is sold will be for the sole purpose of marketing of mortgage services, exclusively in the case of the account being discontinued.

3. REGISTRATION PROCESS. Although registration is not required to use the Service, if you decide to register for the Service, you must complete the Lendermate Inc. registration screen. As part of the registration process for the Service, you agree to: (a) provide certain limited information about you as prompted to do so by the Service (such information to be current, complete and accurate); and (b) maintain and update this information as required to keep it current, complete and accurate. The information requested upon original sign up shall be referred to as registration data ("Registration Data"). lendermate.com reserves the right to delete accounts created by users who appropriate the name, likeness, email address, or other personally identifiable information of another individual. Lendermate Inc. reserves the right to refuse the Service to any user.

4. COPYRIGHTS AND TRADEMARKS. Lendermate Inc. and the Lendermate Inc. logo and other names, logos, icons and marks identifying Lendermate Inc. products and services are trademarks of Lendermate Inc. and may not be used without the prior written permission of Lendermate Inc. Except as otherwise expressly set forth in this Agreement, you may not copy, reproduce, distribute, or create derivative works of the Service without Lendermate Inc.'s express written authorization. Further, you may not reverse engineer, decompile, alter, modify, disassemble, or otherwise attempt to derive source code from the Service. All rights not expressly granted in this Agreement are reserved to Lendermate Inc.

You shall not remove, cover or obscure any trademark, copyright and other proprietary notices or legends included on the Service. You understand and agree that any uploading or posting will be at your sole risk and Lendermate Inc. shall not be responsible to you in any way. Further, Lendermate Inc. does not provide any warranty as to your use of any third party content or software that you obtain from the Lendermate Inc. site.

Lendermate Inc. respects the intellectual property of others and we require that our users and members do the same. You may not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information that you do not have legal authorization to use.

5. USER CONDUCT. You agree to act responsibly and to treat other users and members with respect. lendermate.com members are also expected to act in a manner appropriate to each Lendermate in which they participate.

6. HARASSMENT. By agreeing to these Terms, members affirm that they will not use this service to harass or abuse other members. Individuals who have demonstrably harassed other individuals via message boards, private messages, listings, or using other means may be removed from lendermate.com.

7. CONTENT. You are fully responsible for any content you post on the lendermate.com service, including, but not limited to, photos, personal profile(s), message boards, listings, events, testimonials, e-mail messages - and the consequences of any such content.

You understand and agree that Lendermate Inc. may review from time to time and delete any content that violates this Agreement or which might be offensive, illegal, or harm the safety of or violate the rights of other users and members.

Content that is illegal or prohibited, includes, but is not limited to, material, text, graphics, video or audio that:

o Is unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable

o Encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation

o Transmits or posts any content that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights

o Transmits or posts any viruses or material designed to disrupt, limit or destroy any functionality of any computer software or hardware of users, members or the lendermate.com service

o Collects, stores or solicits information about other users or members for commercial or unlawful purposes or engage in commercial activity such as contests, sweepstakes, etc. without Lendermate Inc. prior consent

o Contains personally identifiable information about another member that is published without their express consent

o Contains material originally posted by another member that is reposted without permission or attribution

o Advertises any illegal services or the sale of any items prohibited or restricted by applicable law

o Has misleading email addresses or other manipulated identifiers to disguise its origin

o 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;

o that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or

o that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

o that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";

o that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement.

8. LINKS TO THIRD PARTY SITES. Any links included within lendermate.com that take users out of the lendermate.com site are not under the control of Lendermate Inc. and Lendermate Inc. shall not be responsible for the content of any linked site or any link contained in a linked site. All such sites shall be subject to the policies and procedures of the owner of such site. We encourage you to read those policies and know your rights.

9. No Spam Policy. You understand and agree that sending unsolicited email advertisements to Lendermate email addresses or through Lendermate computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in California. Any unauthorized use of Lendermate computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.

10. TRANSACTIONS WITH ORGANIZATIONS OR INDIVIDUALS. Lendermate Inc. shall not be liable for your interactions with any organizations and/or individuals found on or through the lendermate.com service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. You agree that Lendermate Inc. is not responsible for any damage or loss incurred as a result of any such dealings. Lendermate Inc. is under no obligation to become involved in disputes between participants on the site, or between participants on the site and any third party. In the event of a dispute, you release Lendermate Inc., its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.

11. PRIVACY. Please see our Privacy Policy incorporated herein by reference.

12. TERMINATION. Lendermate Inc. reserves the right to refuse membership to anyone. Lendermate Inc. may terminate your membership and any and all information, communications or postings, at any time, without notice, for conduct that violates this Agreement.

13. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM THE LENDERMATE, INC. SITE IS AT YOUR SOLE 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 FILES, SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT. THE SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM THE LENDERMATE, INC. SITE ARE PROVIDED ON AN "AS IS" BASIS. LENDERMATE, INC., ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER LENDERMATE, INC., NOR ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY THAT THE SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM THE LENDERMATE, INC. SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SOFTWARE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES LENDERMATE, INC., ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

14. LIMITATION OF LIABILITY. IN NO EVENT SHALL LENDERMATE, INC., ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE, SERVICE, AND/OR ANY GRAPHICS OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF LENDERMATE, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER LENDERMATE, INC. SHALL HAVE NO LIABILITY TO YOU OR OTHER THIRD PARTIES FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

15. INDEMNITY. YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD LENDERMATE, INC. HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGES, LIABILITY, AND/OR EXPENSE ARISING OUT OF OR RELATING TO (A) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE SERVICE, (B) ANY FRAUD OR MANIPULATION, OR OTHER BREACH OF THIS AGREEMENT, BY YOU, OR (C) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST LENDERMATE, INC. ARISING OUT OF YOUR USE OF THE SERVICE OR SOFTWARE.

16. GENERAL TERMS. This Agreement is governed in all respects by the laws of the State of California, U.S.A, without reference to its conflicts of laws, principles and any dispute arising hereunder shall be submitted to state and federal courts in Los Angeles, California and you consent to the exclusive jurisdiction of such courts. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Lendermate Inc. failure to act with respect to a breach by you does not waive Lendermate Inc. right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. This Agreement shall inure to the benefit of and be binding upon each party's successors and assigns. Lendermate Inc. shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Lendermate Inc.'s reasonable control. Any notice required or given to you under this Agreement shall be delivered by electronic mail at the e-mail address provided by you during registration.

17. SPECIAL ADMONITIONS FOR INTERNATIONAL USE. As a consequence of the global nature of the Internet, you agree to comply with all local rules regarding user conduct on the Internet 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.

This Agreement constitutes the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. You understand and agree that you are solely responsible for reviewing the terms of this Agreement from time to time. Any continued use of the Software or Service by you after such amended terms have been posted or information regarding such amendment has been sent to you, shall be deemed your consent and agreement to such amended terms.