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Lending Automator Terms of Use

Terms of Use

Welcome to Lending Automator, Inc. ("Lending Automator," "we," "our," or "us"). By accessing or using our website (the "Site") or any of our services (the “Services”), you agree to be bound by these Terms of Use ("Terms"). Please read these Terms carefully before using our services. If you do not agree to these Terms, you may not access or use our Site or Services.

 

1. Use of Services:  Lending Automator provides software-as-a-service solutions for automating lending processes. You may use our Site and Services only for lawful purposes and in accordance with these Terms.

 

User Accounts: Some features of the Site and Services may require you to create an account and become a registered user of the Site and Services. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account.

 

THE SITE AND SERVICES ARE OFFERED ONLY TO USERS WHO ARE AT LEAST THE LEGAL AGE OF MAJORITY IN THE JURISDICTION IN WHICH THEY RESIDE OR ARE LOCATED. BY USING THE SITE AND SERVICES, YOU REPRESENT THAT YOU ARE ABLE TO LEGALLY CONTRACT IN THE JURISDICTION IN WHICH YOU ARE LOCATED.

 

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF AN ENTITY OR ANY THIRD-PARTY, SUCH AS YOUR EMPLOYER OR A COMPANY YOU WORK FOR OR CONTROL, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT ENTITY TO THIS AGREEMENT 

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2.  Intellectual Property:

 

a.  Site and Services License.  Lending Automator grants you a nonexclusive, nontransferable right to use the Site and Services solely in accordance with the related documentation, and solely for your own internal business operations. The Site and Services are licensed, not sold, to you for use only under the Terms of this agreement. Lending Automator reserves all rights in the Site and Services not expressly granted to you under these Terms and retains ownership of Site and Services. The Site and Services may be limited to a specific number of users or licensees, and you agree to abide by these limits and not circumvent any mechanism implemented to prevent additional or unauthorized use or access.

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b.  Ownership. The content, features, and functionality of the Site and services are owned by Lending Automator and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Lending Automator and/or its licensors own all right, title and interest, including intellectual property rights, in and to the Site and Services. You acknowledge that these Terms and your use of the Site and Services do not transfer to you (a) any title to any Site or (b) any title to the intellectual property in systems used in the Site and Services or any rights therein other than the limited right to use the Site and Services under the Terms of this agreement. Any suggestions, enhancement requests, feedback, or recommendations that you provide to Lending Automator relating to any of its Site and Services or other websites, technologies, businesses or implementation (“Feedback”) are owned exclusively by Lending Automator. Lending Automator reserves all rights not expressly granted hereunder.

 

c.  Trademarks.  Lending Automator uses certain trademarks and trade names in connection with the Service or Software. You are not authorized to use any such trademarks for any purpose without prior written consent.

 

3.  Third Parties: You acknowledge that by providing Lending Automator with your information, Lending Automator may provide your information to other trusted companies providing services or products similar to, or complementary with, your requested services or products, so long as those parties agree to keep your information confidential. In some cases, Lending Automator may be required to provide your information to a third party in order to complete the Services contemplated hereunder. Further, the Site and Services may contain links or other connections to websites operated by third parties. Lending Automator is not responsible for such websites and has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. Our inclusion of such links should not be construed as an endorsement of the material on such websites. Your use of the Site and Services to link to another site is at your own risk.

 

4.  Prohibited Conduct:  You agree not to use the Site or the Services to:
 

a.  Violate any applicable law or regulation
 

b.  Infringe the intellectual property rights or other rights of Lending Automator or any third party
 

c.  Transmit any virus, malware, keyloggers, spyware, or other harmful code
 

d.  Interfere with or disrupt the Site or the Services or servers or networks connected to the Site or the Services
 

e.  Engage in any activity that is harmful, threatening, abusive, harassing, or defamatory
 

f.  Attempt to gain unauthorized access to any portion of the Site or the Services, including user accounts, or any other accounts, computer systems, or networks connected to the Site or the Services
 

g.  Use any automated means, including without limitation robots, spiders, or scrapers, to access the Site or the Services for any purpose
 

h.  Damage, disable, or impair our services or networks

 

5.  Privacy:  Your use of our services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to the collection and use of your information as described in the Privacy Policy.

 

6.  Disclaimer of Warranty:  LENDING AUTOMATOR MAKES NO WARRANTIES OTHER THAN AS EXPRESSLY PROVIDED HEREIN AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE EXTENT PERMITTED BY APPLICABLE LAW. IN PARTICULAR, LENDING AUTOMATOR MAKES NO WARRANTY THAT (A) THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SITE OR SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (C) ANY DEFECTS OR ERRORS IN THE SITE OR SERVICES WILL BE CORRECTED.

 

7.  Limitation of Liability:  TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL LENDING AUTOMATOR, ITS AFFILIATES, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOOD OR SERVICES OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR ABILITY TO USE OR INABILITY TO USE THE SITE OR SERVICES HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF LENDING AUTOMATOR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO CASE WILL LENDING AUTOMATOR’S TOTAL LIABILITY TO YOU FOR DAMAGES HEREUNDER EXCEED THE AMOUNT PAID BY YOU FOR THE SITE AND SERVICES DURING THE THREE MONTHS PRIOR TO SUCH CLAIM. YOU SPECIFICALLY AGREE THAT THE ALLOCATION OF RISK BY MEANS OF THIS DAMAGES LIMITATION IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND LENDING AUTOMATOR AND THAT THE PRICING OF THE SITE AND SERVICES TAKES THIS LIMITATION INTO ACCOUNT.

 

8.  Non-Compete:  By creating a user account and initiating any free-trial or paid use of Site or Services, you and/or any of your employees, contractors, and agents agree not to directly or indirectly compete with the business of Lending Automator and its successors and assigns during the term of this agreement and for a period of 24 months following termination of this agreement and notwithstanding the cause or reason for termination. The term "not compete" as used herein shall mean that you shall not own, manage, operate, consult or be employed in a business similar to, or competitive with, the present business of Lending Automator or such other business activity in which Lending Automator may engage during the term of this agreement.

 

9.  Termination:  We may terminate or suspend your access to the Site and Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.  You may terminate your use of the Site and Services by cancelling your account in the Settings page on the Site.  Lending Automator will not be required to refund any fees paid by you for use of Site or Services in the event this agreement is terminated by you, or terminated by Lending Automator due to breach of these Terms.

 

10. Governing Law:  These Terms shall be governed by and construed in accordance with the laws of Delaware, without regard to its conflict of law provisions.

 

11. No Trial By Jury:  BY USING THE SITE OR SERVICES, YOU HEREBY UNCONDITIONALLY AND IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, COUNTERCLAIM, OR CROSS-CLAIM ARISING IN CONNECTION WITH, OUT OF, OR OTHERWISE RELATING TO THE USE OF THE SITE, SERVICES, ANY TRANSACTION ARISING THEREFROM OR RELATED THERETO, OR ANY DISPUTE INVOLVING YOU AND LENDING AUTOMATOR. FURTHER, EXCEPT AS PROHIBITED BY LAW, USE OF THE SITE OR SERVICES CONSTITUTES YOUR ACKNOWLEDGEMENT AND AGREEMENT THAT THIS SECTION IS A SPECIFIC AND MATERIAL ASPECT OF THIS AGREEMENT AND THAT THE COMPANY WOULD NOT OFFER THE SERVICES IF THIS SECTION WAS NOT A PART OF THIS AGREEMENT. You expressly agree that any action at law or in equity arising under these Terms will be filed only in the State of Delaware and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The parties hereby expressly disclaim application of the U.N. Convention for the International Sale of Goods.

 

12. Entire Agreement:  This Agreement is the entire agreement between you and Lending Automator regarding the subject matter hereof and supersedes any other communications with respect to the Site and Services, and there are no promises, terms, conditions or obligations, oral or written, express or implied, between you and Lending Automator relating to the subject matter hereof other than those contained herein. 

 

​13. Changes: We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Site and Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Service.

 

Contact Us: If you have any questions about these Terms, please contact us at legal@lendingautomator.com.

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