
AGREEMENT BETWEEN USER AND INSIGHT LENDING SOLUTIONS
Lender's Office is offered to you conditioned on your
acceptance without modification of the terms, conditions,
and notices contained herein. Your use of the Lender's
Office constitutes your agreement to all such terms,
conditions, and notices. Your use of a particular product
or service included within the Lender's Office may also
be subject to additional terms.
In the event that any of the terms, conditions, and notices
contained herein conflict with the other terms and guidelines
contained within any particular product or service, then
these terms shall control.
REFUND POLICY
All Sales are final.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See the Privacy Statement at http://www.lendersoffice.com/privacy.asp
for disclosures relating to the collection and use of your
information.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
You are entirely responsible for maintaining the
confidentiality of your password and account. Furthermore,
you are entirely responsible for any and all activities
that occur under your account. You agree to notify Insight
Lending Solutions immediately of any unauthorized use
of your account or any other breach of security. Insight
Lending Solutions will not be liable for any loss that
you may incur as a result of someone else using your
password or account, either with or without your knowledge.
However, you could be held liable for losses incurred
by Insight Lending Solutions or another party due to
someone else using your account or password. You may
not use anyone else's account at any time, without the
permission of the account holder.
MODIFICATION OF THESE TERMS OF USE
Insight Lending Solutions reserves the right to change
the terms, conditions, and notices under which Lender's
Office is offered, including but not limited to the charges
associated with the use of Lender's Office. You are responsible
for regularly reviewing these terms and conditions. Your
continued use of Lender's Office constitutes your agreement
to all such terms, conditions, and notices.
USE LIMITATION
You may not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative
works from, transfer, or sell any information, software,
products or services obtained from Lender's Office.
Insight Lending Solutions possesses and will come into
possession of information, documents and materials developed,
created or discovered by or on behalf of Insight Lending
Solutions. Such information, documents and materials
include, but are not limited to, software programs and
subroutines, source and object code, algorithms, trade
secrets, designs, technology, know-how, processes, data,
ideas, techniques, inventions (whether patentable or
not), works of authorship, formulas, business and product
development plans, customer lists, terms of compensation
and performance levels of employee, blueprints, drawings,
photographs, charts, graphs, notebooks, computer disks,
tapes or printouts, sound recordings and other printed,
typewritten or handwritten documents, sample products,
prototypes and models. You agree that you will not acquire
any right, title or interest in or to the proprietary
information, documents or materials of Insight Lending
Solution except as may be specifically provided in this
agreement. You further agree that you will not use or
disclose any proprietary information, documents or materials
of Insight Lending Solutions, except as permitted by
this contract, without the prior written consent of
Insight Lending Solutions.
At all times, both during the service provided by Insight
Lending Solutions and after its termination, you agree
to keep in confidence and trust and will not use or
disclose any Proprietary Information or anything relating
to it without the prior written consent of an authorized
officer of Insight Lending Solutions.
LINKS TO THIRD PARTY SITES
Lender's Office may contain links to third party Web sites
("Linked Sites"). The Linked Sites are not under the control
of Insight Lending Solutions and Insight Lending Solutions
is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked
Site, or any changes or updates to a Linked Site. Insight
Lending Solutions is not responsible for webcasting or
any other form of transmission received from any Linked
Site nor is Insight Lending Solutions responsible if the
Linked Site is not working appropriately. Insight Lending
Solutions is providing these links to you only as a convenience,
and the inclusion of any link does not imply endorsement
by Insight Lending Solutions of the site or any association
with its operators. You are responsible for viewing and
abiding by the privacy statements and terms of use posted
at the Linked Sites.
Any dealings with third parties (including advertisers)
included within Lender's Office or participation in
promotions, including the delivery of and the payment
for goods and services, and any other terms, conditions,
warranties or representations associated with such dealings
or promotions, are solely between you and the other
third party. Insight Lending Solutions shall not be
responsible or liable for any part of any such dealings
or promotions.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of Lender's Office, you will
not use Lender's Office for any purpose that is unlawful
or prohibited by these terms, conditions, and notices.
You may not use Lender's Office in any manner which
could damage, disable, overburden, or impair any of
Insight Lending Solutions' products and services (or
the network(s) connected to any Insight Lending Solutions'
product(s)/service(s)) or interfere with any other party's
use of Lender's Office. You may not attempt to gain
unauthorized access to Lender's Office, other accounts,
computer systems or networks connected to any Insight
Lending Solutions' Product/Service, through hacking,
password mining or any other means. You may not obtain
or attempt to obtain any materials or information through
any means not intentionally made available through Lender's
Office.
USE OF SERVICES
Lender's Office may contain loan calculators, document
forms and/or other message or communication facilities
designed to enable you to communicate with others and
to complete your work. You agree to abide by all Lender's
Office reasonable policies that are implemented by Insight
Lending Solutions from time to time.
Insight Lending Solutions reserves the right at all
times to disclose any information as Insight Lending
Solutions deems necessary to satisfy any applicable
law, regulation, legal process or governmental request.
SOFTWARE AND CONTENT AVAILABLE THROUGH LENDER'S
OFFICE
All content and software (if any) that is made available
to view and/or download in connection with Lender's
Office, excluding content and/or software that may be
made available by end-users, ("Software") is owned by
and is the copyrighted work of Insight Lending Solutions
and/or its suppliers and is protected by copyright laws
and international treaty provisions. Your use of the
Software is governed by the terms of the end user license
agreement, if any, which accompanies or is included
with the Software ("License Agreement"). You may not
install or use any Software that is accompanied by or
includes a License Agreement unless you first agree
to the License Agreement terms. For any Software not
accompanied by a license agreement, Insight Lending
Solutions hereby grants to you, the user, a revocable
personal, non-transferable license to use the Software
in accordance with these Terms of Use, and for no other
purpose provided that you keep intact all copyright
and other proprietary notices. Any reproduction or redistribution
of the content and/or Software is expressly prohibited
by law, and may result in severe civil and criminal
penalties. Violators will be prosecuted to the maximum
extent possible. WITHOUT LIMITING THE FOREGOING, COPYING
OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER
SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION
IS EXPRESSLY PROHIBITED. You acknowledge that the Software,
and any accompanying documentation and/or technical
information, is subject to applicable export control
laws and regulations of the USA. You agree not to export
or re-export the Software, directly or indirectly, to
any countries that are subject to USA export restrictions.
NO WARRANTIES
To the extent permitted by applicable law, neither Insight
Lending Solutions, nor any person, either expressly
or implicitly, warrants any aspect of this software
or program, including any output or results of this
software or program. Unless agreed to in writing, this
software and program is being provided "AS IS", without
any warranty of any type or nature, either expressed
or implied, including, but not limited to, the implied
warranties of merchantability and fitness for a particular
purpose, and any warranty that this software or program
is free from defects.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED
IN OR AVAILABLE THROUGH LENDER'S OFFICE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
MADE TO LENDER'S OFFICE AND TO THE INFORMATION THEREIN.
INSIGHT LENDING SOLUTIONS AND/OR ITS RESPECTIVE SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN LENDER'S OFFICE
AT ANY TIME. IN NO EVENT SHALL INSIGHT LENDING SOLUTIONS
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT
OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE
OF LENDER'S OFFICE, WITH THE DELAY OR INABILITY TO USE
LENDER'S OFFICE OR RELATED SERVICES, THE PROVISION OF
OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH LENDER'S
OFFICE, OR OTHERWISE ARISING OUT OF THE USE OF LENDER'S
OFFICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF INSIGHT LENDING
SOLUTIONS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF LENDER'S OFFICE, OR WITH ANY OF THESE TERMS
OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING LENDER'S OFFICE.
INDEMNIFICATION
To the extent permitted by law through this license,
you, the licensee, agree to indemnify and hold harmless
Insight Lending Solutions, its officials and employees,
and any person from and against all claims, liabilities,
losses, causes of action, damages, judgments, and expenses,
including the reasonable cost of attorneys' fees and
court costs, for injuries or damages to the person or
property of third parties, including, without limitations,
consequential damages and economic losses, that arise
out of or in connection with your use, modification,
or distribution of this software or program, its output,
or any accompanying documentation
GENERAL TERMS REGARDING USE AND STORAGE
You agree that Insight Lending Solutions may establish
limits concerning use of any service offered on Lender's
Office, including without limitation, the maximum number
of loan that can be generated per user account per month,
the maximum number of days that loan data will be retained
by the service, and the maximum number of times and
duration you may access the service in a given period
of time.
You agree that Insight Lending Solutions has no responsibility
or liability for the deletion, corruption or failure
to store any data or other content maintained or transmitted
by the Lender's Office. You acknowledge that Insight
Lending Solutions reserves the right to delete accounts
that are inactive for an extended period of time.
TERMINATION/ACCESS RESTRICTION
Insight Lending Solutions reserves the right, in its sole
discretion, to terminate your access to Lender's Office
and the related services or any portion thereof at any
time, without notice if an outstanding balance is overdue.
Upon termination of Lender's Office, your right to use
Lender's Office immediately ceases. Insight Lending Solutions
shall have no obligation to maintain any content or to
forward any data to you or any third party.
Insight Lending Solutions will immediately terminate
any account which it believes, in its sole discretion,
is sharing confidential information with an unauthorized
third party or is otherwise connected with any unauthorized
third parties.
GENERAL
Any controversy or dispute arising out of this Agreement
shall be resolved by binding arbitration conducted under
the auspices of Judicate West arbitration and mediation
services, and conducted in the County of Orange, State
of California. If the parties cannot agree to a particular
arbitrator from the Judicate West panel within 15 days
of the initial request for arbitration, then both parties
agree to allow Judicate West to select an arbitrator.
All parties to this Agreement waive any right to a trial
by jury. The provisions of the California Arbitration
Act (Code of Civil Procedure, Part 3, Title IX, including
section 1283.05) shall apply to any private arbitration
hereunder. Any determination by the judge presiding at
the private trial shall be binding and may be entered
and enforced by any court having proper jurisdiction.
The governing law of this contract shall be those of the
State of California.
The prevailing party in binding arbitration, as determined
by the arbitrator, shall be entitled to reasonable attorney's
fees and costs. If either party files a lawsuit to enforce
any of the terms or conditions of this Agreement, the
prevailing party in said litigation shall be entitled
to reasonable attorney's fees.
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