AGREEMENT BETWEEN USER AND LENDINGQB
The LendingQB Loan Origination System is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the LendingQB Loan Origination System constitutes your agreement to all such terms, conditions, and notices. Your use of a particular product or service included within the LendingQB Loan Origination System 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.PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See the Privacy Statement at https://secure.lendingqb.com/website/legal/privacy.htm (updated on 8/12/2012) for disclosures relating to the collection and use of your information.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
LendingQB reserves the right to change the terms, conditions, and notices under which the LendingQB Loan Origination System is offered, including but not limited to the charges associated with the use of the LendingQB Loan Origination System. You are responsible for regularly reviewing these terms and conditions. Your continued use of the LendingQB Loan Origination System 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 the LendingQB Loan Origination System.
LendingQB possesses and will come into possession of information, documents and materials developed, created or discovered by or on behalf of LendingQB. 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 LendingQB 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 LendingQB, except as permitted by this contract, without the prior written consent of LendingQB.
At all times, both during the service provided by LendingQB 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 LendingQB.LINKS TO THIRD PARTY SITES
Any dealings with third parties (including advertisers) included within the LendingQB Loan Origination System 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. LendingQB 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 the LendingQB Loan Origination System, you will not use the LendingQB Loan Origination System for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the LendingQB Loan Origination System in any manner which could damage, disable, overburden, or impair any of LendingQB' products and services (or the network(s) connected to any LendingQB' product(s)/service(s)) or interfere with any other party's use of LendingQB. You may not attempt to gain unauthorized access to the LendingQB Loan Origination System, other accounts, computer systems or networks connected to any LendingQB's 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 the LendingQB Loan Origination System.USE OF SERVICES
The LendingQB Loan Origination System 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 the LendingQB Loan Origination System reasonable policies that are implemented by LendingQB from time to time.
LendingQB reserves the right at all times to disclose any information as LendingQB deems necessary to satisfy any applicable law, regulation, legal process or governmental request.SOFTWARE AND CONTENT AVAILABLE THROUGH THE LENDINGQB LOAN ORIGINATION SYSTEM
Licensor warrants that Product, as delivered to Licensee, does not infringe any existing U.S. patent, copyright, trademark, or trade secret. If Licensee promptly notify Licensor of any such claim, Licensor will indemnify Licensee and hold Licensee harmless against such claim, and will control any defense or settlement, unless Licensee have modified Product, combined Product with any software that led to the claim or failed to promptly install any version of Product provided to Licensee that is non-infringing.LIMITATION OF REMEDIES
THE FOREGOING WARRANTIES ARE IN LIEU OF OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCT. SOME STATES DO NOT ALLOW SUCH DISCLAIMING OF WARRANTIES, SO SOME OR ALL OF THE DISCLAIMER ABOVE MAY NOT APPLY TO YOU. IN NO EVENT WILL LICENSOR OR ITS AUTHORIZED REPRESENTATIVES BE LIABLE TO YOU FOR ANY CLAIMS OR DAMAGES IN EXCESS OF AMOUNTS PAID BY YOU TO LICENSOR OR ITS REPRESENTATIVES UNDER THIS LICENSE. LICENSOR SHALL NOT BE LIABLE FOR ANY LOST DATA, LOST PROFITS, LOST SAVINGS, OR ANY SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF LICENSOR OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR AND ITS AUTHORIZED REPRESENTATIVES WILL NOT BE LIABLE FOR ANY SUCH CLAIM BY ANY OTHER PARTY.INDEMNIFICATION
To the extent permitted by law through this license, you, the licensee, agree to indemnify and hold harmless LendingQB, 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 LendingQB may establish limits concerning use of any service offered on the LendingQB Loan Origination System, 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 LendingQB has no responsibility or liability for the deletion, corruption or failure to store any data or other content maintained or transmitted by the LendingQB Loan Origination System. You acknowledge that LendingQB reserves the right to delete accounts that are inactive for an extended period of time.TERMINATION/ACCESS RESTRICTION
LendingQB reserves the right, in its sole discretion, to terminate your access to the LendingQB Loan Origination System and the related services or any portion thereof at any time, without notice if an outstanding balance is overdue. Upon termination of the LendingQB Loan Origination System, your right to use the LendingQB Loan Origination System immediately ceases. LendingQB shall have no obligation to maintain any content or to forward any data to you or any third party.
LendingQB 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.