Effective November 1, 2023
These Terms of Use (“Terms” or “Agreement“) are a legal agreement between you and The Loan Atlas Inc., a California corporation (“Loan Atlas,” “we,” “our,” or “us“) and govern your use of all text, data, content, information, software, graphics, images, and other materials that we may make available to you (all of which we refer to collectively as “Materials“), including our website, and any content, services, software, resources, or other tools that we may provide through our website (the “Website,” and together with the Materials, the “Services“).
All Services are intended for legal use and may not be used or discussed in a manner that is illegal. You are responsible for knowing your local, state, and federal laws regarding the use of the Services. Please refer to the [Legal Compliance] section below. You agree that Loan Atlas shall not be responsible for any liability arising from any alleged illegal use of the Services.
“Users” are people who have created a Loan Atlas account and people who visit the Website. User may be referred to herein, as “you.”
PLEASE READ THESE TERMS CAREFULLY BEFORE BROWSING THE WEBSITE. USING THE SERVICES INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THE SERVICES IF YOU DO NOT ACCEPT THESE TERMS. THESE TERMS CONTAIN A DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND INDEMNIFICATION PROVISIONS THAT AFFECT YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO ANY DISPUTE YOU MAY HAVE WITH LOAN ATLAS.
Changes to these Terms or the Website.
Loan Atlas reserves the right, in its sole discretion, to change or update these Terms from time to time with immediate effect. It is User’s responsibility to review these Terms regularly for any changes or updates. User is responsible for reviewing the current effective date of these Terms provided at the top of these Terms. Any of the Materials on the Website may be out of date at any time, and Loan Atlas is under no obligation to update such Materials.
Scope.
The Services facilitate Users’ access to online educational resources and content for the mortgage loan industry. You may access and use the Services only in accordance with these Terms. When using the Services, you are subject to any applicable agreements, policies or guidelines that may be posted from time to time. All such agreements, policies or guidelines, including the [Privacy Policy] (the “Privacy Policy“), are hereby incorporated by reference into these Terms.
Purpose.
You may use the Services for your individual purposes, unless specifically designated otherwise by these Terms or Loan Atlas, and not for the purposes of distribution or resale. Subject to these Terms, we grant you and your end users, to the extent applicable, a limited, revocable, personal, non-exclusive, and non-transferable right to access and use the Services. You have no other rights in the Services and shall not use the Services for any purposes beyond the scope of the access granted in this Agreement.
Our Services are not intended for and may not be used by individuals under eighteen (18) years of age. By accessing the Website or registering for an account on the Website, you state that you are at least eighteen (18) years of age. Creating an account with false information is a violation of these Terms, including creating an account on behalf of others or persons under the age of eighteen (18).
Notices and Messages.
By using the Services, you consent to receive emails, texts, and telephone notifications from us. These emails, texts, and telephone notifications may include notices about applicable fees and charges, transactional information, and other information concerning or related to the Services. These emails, text, and telephone notifications are part of your relationship with us.
You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. You agree to keep your contact information up to date, and to monitor your settings to ensure that you receive emails, texts, and telephone notifications from us.
Legal Compliance.
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Services and Materials. Loan Atlas reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem appropriate, including but not limited to canceling your User account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your profile, account, e-mail addresses, usage history, posted materials, IP addresses, and traffic information. You agree to promptly notify Loan Atlas in the event that you are made aware of any unauthorized or illegal use of the Services.
Ownership of Intellectual Property.
The Services, including, without limitation, the Website, Materials, and any updates, modifications or improvements to the Services, shall be owned exclusively by Loan Atlas. User shall have no rights in the Services except as explicitly stated in this Agreement. Elements of the Services and Materials are protected by copyright, trademark, and other intellectual and industrial property laws and may not be used, copied or imitated in whole or in part except as provided in this Agreement. No Materials may be copied or retransmitted unless expressly permitted by Loan Atlas or this Agreement; provided that User may use, modify and reproduce marketing-related Materials and other resources (e.g., downloadable forms, checklists, worksheets, and presentations), as designated by Loan Atlas, in its sole discretion, solely in connection with such User’s use of the Services.
Any unauthorized use of the Services shall be void and may result in immediate and automatic termination of your account or access to the Services, at the option of Loan Atlas. Loan Atlas reserves the right to seek all remedies under applicable law for unauthorized use or copyright infringement. All rights not expressly included in the limited rights granted to User herein are reserved to Loan Atlas.
Links to Third Party Services and Sites.
The Services may contain links to or enable access to third party information, services, and websites (“Third Party Websites“) controlled by parties other than Loan Atlas. Loan Atlas is not responsible for and does not endorse or accept any responsibility for the content or use of the Third Party Websites or any other third party information, services, and websites or any transactions completed through such sites. Loan Atlas is providing these links or access only as a convenience, and the inclusion of any link or access does not imply endorsement by Loan Atlas of the Third Party Websites or any other linked website or third party information or service.
Use of Materials.
All Materials are provided either by Loan Atlas or by its third party agents, authors, developers, creators, contributors, licensors, and vendors (collectively, “Third Party Providers“) and are the copyrighted work of Loan Atlas and/or its Third Party Providers. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by Loan Atlas and Loan Atlas is not responsible for such Materials. Trademarks, service marks, graphics, and logos that appear in the Services may be the trademarks of their respective owners. User is granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks is prohibited. As used herein, the term “Materials” shall not include the Data (as defined below) provided by and generated by Users as referenced below.
Services Use Restrictions.
User shall not: (a) modify, adapt, translate, reverse engineer, decompile, disassemble, derive source code, create derivative work based on, or copy the Services or the accompanying documentation; (b) rent, sublicense, loan, transfer, provide, display, distribute or grant any rights in the Services in any form; (c) use the Services for any purpose other than to support User’s permitted use; (d) use any third party computer software or Materials provided with or incorporated in the Services as stand-alone applications; (e) remove any proprietary notices, labels or marks in or on the Services or the Materials; (f) use, copy, modify or transfer the Services or the Materials or any copy, in whole or in part, except as expressly provided in this Agreement; or (g) knowingly use the Services or Materials in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
User Website Access and Account Security.
To access the Website or some of the resources it offers, you may be asked to provide certain information. It is a condition to your use of the Website that all of the information that you provide on the Website is correct, current, and complete. If we discover that any of your information is inaccurate or incomplete, we reserve the right to immediately terminate your account and your access and use of the Services. You agree that all information that you provide to access or use the Website or otherwise to Loan Atlas, including, but not limited to, through the use of any interactive features on the Website, is governed by the Privacy Policy, and you consent to all actions we take with respect to your information consistent with the Privacy Policy.
If User chooses, or is provided with, a username, password, or any other piece of information as part of our security procedures, User must treat such information as confidential, and User must not disclose it to any other person or entity. User also acknowledges that User’s account is personal to User and agrees not to provide any other person with access to the Website or portions of it using User’s username, password, or other login credentials or security information; provided that, Users who use the Website and the Services as part of a paid subscription may authorize their support staff to access the Website or portions of it using such User’s username, password, or other login credentials or security information solely on behalf of and for the benefit of such User. Notwithstanding the foregoing, if User provides any other person or entity with account credentials, then that person or entity will be treated as your authorized user that is subject to these Terms and you shall be responsible for such person or entity’s compliance with these Terms. User agrees to notify Loan Atlas immediately of any unauthorized access to or use of User’s username, password, or other login credentials or security information, or any other breach of security with respect to the Services. User also agrees to ensure that User exits from User’s account at the end of each session. User should use particular caution when accessing User’s account from a public or shared computer so that others are not able to view or record User’s username, password or other personal information.
Loan Atlas has the right to disable any account, username, password, or other identifier, whether chosen by User or provided by Loan Atlas, at any time in Loan Atlas’s sole discretion for any or no reason, including if, in Loan Atlas’s opinion, User has violated any provision of these Terms.
User Data.
User shall be responsible for all information, data, images, sounds, photographs, graphics, videos, messages, software, or other materials, whether publicly posted or privately transmitted (collectively, “Data“) that User uploads, posts, emails, uses or transmits via the Services. Loan Atlas shall not control the Data posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Data. Under no circumstances shall Loan Atlas be liable in any way for any Data, including for any errors or omissions in any Data, or for any loss or damage of any kind incurred as a result of the use or loss of any Data posted, emailed or otherwise transmitted via the Services.
Use of Information and Privacy Policy.
Loan Atlas reserves the right to use and assign all information regarding User’s use of the Services and all information provided by User, including Data, in any manner consistent with the [Privacy Policy]. Loan Atlas may store or retrieve User’s information, including, but not limited to, through the use of cookies or other forms of data collection. Cookies and other forms of data collection are primarily used for the Website’s functionality, performance measurement, and targeted marketing by Loan Atlas and Loan Atlas’s partners. The policies relating to the privacy of any information or Data gathered or transmitted through the Services are included in the Privacy Policy. By continuing to use the Services, you agree to be bound by the Privacy Policy and all future updates, modifications, and changes thereto.
User Conduct.
No User shall use the Services to: (a) upload, post, email or otherwise transmit any Data that (i) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, (ii) User does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of contractual relationships or under nondisclosure agreements), or (iii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (b) harm minors in any way; (c) knowingly upload, post, email, or otherwise transmit any material 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; (d) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation in violation of applicable laws, including, without limitation, the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (the CAN – SPAM Act), as amended; (e) interfere with or disrupt the Services or servers, applications or networks connected to the Services or disobey the requirements, procedures, policies or regulations of networks connected to the Services; (f) violate any applicable local, state, national or international law; or (g) attempt to gain unauthorized access to the Services, or other computer systems, servers, applications or networks connected to the Services or any portion thereof.
In addition, User shall not use the names of Loan Atlas or any Third Party Provider to promote any business or services in any manner, including in the sending of unsolicited email without the prior written consent of Loan Atlas and/or the applicable Third Party Provider, which may be withheld in Loan Atlas’s or the applicable Third Party Provider’s sole discretion.
Agreement to Pay.
User agrees to pay all applicable fees and charges associated with using the Website and the Services, as well as any ancillary products and services made available to User by Loan Atlas in accordance with the pricing schedule and terms of payment established by Loan Atlas, which fees are nonrefundable and nonreturnable. User hereby waives all rights to, and covenants not to, attempt to chargeback or otherwise reverse or dispute any charges on User’s credit card made in accordance with these Terms and any pricing schedule. Loan Atlas may use a third party credit card processing company, and User hereby agrees to provide complete and accurate information to such credit card processing company as may be requested from time to time. User agrees to update its billing and credit card information to keep such information current and notify Loan Atlas and the applicable third party credit card processing company if User’s credit card is cancelled. User agrees that Loan Atlas may suspend or terminate User’s access to the Website and the Services without notice upon any rejection of charges or other failure to pay.
If User is using and has signed up for a subscription of the Services that provides for auto-renewal, User agrees that Loan Atlas may, and authorizes Loan Atlas to, through its third party credit card processing company, charge User automatically for the renewal, unless User notifies Loan Atlas that it wants to cancel or disable auto-renewal.
Termination.
In the event that User breaches, or any person or entity acting on User’s behalf breaches, any of the terms of this Agreement, Loan Atlas may, (a) suspend User’s access to the Services without notice, or (b) immediately terminate this Agreement (and the limited rights granted to User herein), without any obligation to refund any fees or charges that User paid in advance (if any), or (c) both (a) and (b). This Agreement (and the limited rights granted to User herein) shall terminate automatically, without the giving of notice, in the event that either party shall become insolvent, shall ask its creditors for a moratorium, shall file a voluntary petition in bankruptcy, shall be adjudicated as a bankrupt pursuant to an involuntary petition, or shall suffer appointment of a temporary or permanent receiver, trustee, or custodian for all or a substantial part of its assets. Loan Atlas further reserves the right to terminate this Agreement for any or no reason upon delivery of written notice to User. Upon any termination of this Agreement, User must immediately cease using the Services, and all of the rights granted to User hereunder shall immediately cease.
DISCLAIMER OF WARRANTIES
USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICES AND THE THIRD PARTY WEBSITES IS AT USER’S SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH USER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LOAN ATLAS AND THE THIRD PARTY PROVIDERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, THE MATERIALS, AND THE THIRD PARTY WEBSITES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LOAN ATLAS AND THE THIRD PARTY PROVIDERS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS. USER ASSUMES ALL RISK OF DAMAGE AND LOSS RESULTING FROM USE OF THE SERVICES, THE MATERIALS, AND THE THIRD PARTY WEBSITES AND USER ASSUMES ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SERVICES, MATERIALS, AND THE THIRD PARTY WEBSITES ARE ACCURATE OR SUFFICIENT FOR USER’S PURPOSES. LOAN ATLAS AND THE THIRD PARTY PROVIDERS DO NOT WARRANT AGAINST ANY LOSS OF DATA, INTERFERENCE WITH USER’S ENJOYMENT OF THE SERVICES OR THE THIRD PARTY WEBSITES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SERVICES AND THE THIRD PARTY WEBSITES WILL MEET USER’S REQUIREMENTS, THAT THE OPERATION OF THE SERVICES AND THE THIRD PARTY WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SERVICES AND THE THIRD PARTY WEBSITES WILL OPERATE OR BE USABLE IN COMBINATION WITH OTHER HARDWARE OR SOFTWARE, SYSTEMS OR DATA, OR THAT DEFECTS IN THE SERVICES AND THE THIRD PARTY WEBSITES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LOAN ATLAS, THE THIRD PARTY PROVIDERS OR THEIR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.
LIMITATION OF LIABILITY.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LOAN ATLAS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, PUNITIVE, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO USER’S USE OR INABILITY TO USE THE SERVICES OR THE THIRD PARTY WEBSITES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF LOAN ATLAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Loan Atlas’s total liability to User for all damages exceed the amount of the fees paid by User to Loan Atlas in the three (3)-month period immediately prior to the date of the applicable breach of this Agreement. User acknowledges and agrees that Loan Atlas would not enter into this Agreement for the consideration given by User but for the limitations of liability and damages contained in this Section and the other consideration given by User for the limited rights to use the Services or the Materials constitute a bargain that is fair and reasonable.
Indemnification.
User shall indemnify, defend, and hold harmless Loan Atlas and its shareholders, directors, managers, subsidiaries, affiliates, officers, employees, agents, and contractors (individually, a “Loan Atlas Indemnified Party” and collectively, the “Loan Atlas Indemnified Parties“) from and against any and all claims, losses, liabilities, damages, expenses, attorneys’ fees, and costs incurred by any Loan Atlas Indemnified Party in connection with (a) the violation or infringement of a U.S. patent, copyright, trademark, or trade secret of any third party resulting from the User’s Data or trademarks, or the use of the User’s Data or trademarks, (b) User’s breach of any representation, warranty, or covenant contained in this Agreement, (c) User’s violation of any laws, regulations, or ordinances, (d) User’s negligence, error, omission, willful misconduct, or use of the Services, except to the extent due to Loan Atlas’s gross negligence or willful misconduct, (e) User’s Data or any other third party information placed on User’s devices by User or used by User, or (f) any claim by a third party that Loan Atlas, due to User’s use of the Services or the Third Party Websites, is liable to a third party for any reason, including, without limitation, in tort, statutory liability, or for contributory infringement of a copyright, patent, trade secret, or other proprietary right of a third party.
Taxes.
User shall be responsible for any taxes, including, without limitation, sales, use, receipts, excise, occupations, and similar taxes imposed by any federal, state, municipal or other governmental agency for the Services or the use of the Services (other than taxes on the income of Loan Atlas), and User shall pay such taxes and indemnify and hold Loan Atlas harmless from any claims, assessments or demands for payment of such taxes, and any interest and penalties thereon.
Independent Contractor.
The parties acknowledge and agree that Loan Atlas is an independent contractor of User in connection with the provision of the Services and this Agreement shall not be deemed to create a partnership, joint venture, or any other agency relationship. Loan Atlas may advertise or otherwise promote or divulge in any reasonable manner in its marketing efforts that User is a customer of Loan Atlas.
Assignability.
This Agreement may not be assigned by either party without the prior written consent of the other party, except in connection with the sale of all or substantially all of the assets or ownership interests of the party making the assignment.
Choice of Law, Venue, and Attorneys’ Fees.
This Agreement shall be governed by the laws of the State of California, without regard to the conflict-of-laws provisions of such state. Except as set forth below in the Arbitration section, the parties hereby irrevocably submit to the exclusive jurisdiction of the courts of the State of California and any United States District Court situated in Ventura County in the State of California for the purpose of construing and enforcing this Agreement. Each party waives and agrees not to interpose any argument that the chosen venue is an inconvenient forum for litigation. Should a dispute between the parties arise in connection with this Agreement, the prevailing party shall be entitled to recover attorneys’ fees in addition to any other recovery to which such party may be entitled.
Arbitration.
If a dispute arises out of this Agreement, the parties shall first attempt to resolve the dispute by good faith discussion and negotiation. If these informal resolution attempts fail, the parties shall then submit the dispute to binding arbitration in Ventura County, California. The arbitration shall be conducted by a single arbitrator engaged through JAMS, Inc., and such arbitrator shall have no authority to add parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing federal law as well as the laws of the State of California. Each party shall pay its own costs and fees of the arbitration proceeding.
Class Action Waiver.
User agrees that, by entering into this Agreement, User and Loan Atlas are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind. Claims and remedies sought as part of a class action, private attorney general action, or other representative proceeding of any kind are subject to arbitration only on an individual (non-class, non-representative) basis, and the arbitrator may award relief only on an individual (non-class, non-representative) basis.
Waiver, Merger, and Force Majeure.
All notices given under this Agreement shall be in writing. Failure by a party to require performance by the other party or to claim a breach shall not be construed as a waiver of any right. All waivers must be in writing and signed by an authorized representative of the party making the waiver. This Agreement is the entire agreement between the parties and supersedes and terminates all prior agreements. Loan Atlas’s obligations shall be excused without liability when prevented by strike, act of God, disease, pandemic, governmental action, accident, act of war, act of terrorism or any other condition beyond its reasonable control.
Contact.
If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at: [email protected].