End User Terms of Service
PLEASE READ THESE TERMS OF SERVICE (THE “TERMS”) CAREFULLY BEFORE ACCEPTING THESE TERMS, UNDER WHICH YOU WILL BE AUTHORIZED TO USE THE HOSTED SOFTWARE AND LOANPRO SERVICE OF LOANPRO SOFTWARE, LLC, A UTAH LIMITED LIABILITY COMPANY (“LOANPRO”). BY CLICKING “I ACCEPT” OR BY USING THE SOFTWARE OR LOANPRO SERVICE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS IN THEIR ENTIRETY. THESE TERMS SET FORTH YOUR LEGAL RIGHTS AND OBLIGATIONS RELATED TO THE LOANPRO SERVICE. IF YOU DO NOT ACCEPT THESE TERMS, CLICK “I DO NOT ACCEPT” BELOW.
These Terms are a legal agreement between you and LoanPro and govern your use of the LoanPro subscription service as an authorized user of a customer of LoanPro (the “Customer”), which has signed a separate subscription agreement with LoanPro. LoanPro makes its online lending software subscription service (the “LoanPro Service”), including the related software (the “Software”) available to its customers and their authorized users. The LoanPro Service is accessible through LoanPro’s designated website and web portal (the “Website”), subject to the following terms and conditions. Any rights not expressly granted herein are reserved by LoanPro.
Changes to Terms: LoanPro may update these Terms from time to time. You may be notified of such changes by email and/or LoanPro may require you to accept the new version of the Terms in order to continue accessing the LoanPro Service. If you object to any changes in these Terms, you may discontinue your use of the LoanPro Service.
In consideration of LoanPro’s provision of the LoanPro Service and related services to you, you agree with LoanPro as follows:
- ACCESS TO SOFTWARE AND MATERIALS. You will have access to the Software and materials made available to the LoanPro Service by LoanPro. You acknowledge and agree that the LoanPro Service, Website, Software, and other materials that may be made available as part of the LoanPro Service may be modified and updated from time to time, in LoanPro’s sole discretion. LoanPro does not make any commitment to you that it will maintain particular functions, features or materials as part of the LoanPro Service.
- ACCEPTABLE USE TERMS. As a condition of your use of the LoanPro Service (including the Website and Software), you warrant to LoanPro that you will use the LoanPro Service solely for the Customer’s internal business purposes, and you will not use the LoanPro Service or LoanPro Materials (as defined in Section 5) for any purpose that is unlawful or that is prohibited by these Terms. Without limiting this warranty, you specifically agree:
- You will not use the LoanPro Service in any manner which could damage, disable, overburden, or impair the LoanPro Service or interfere with any other person’s or customer’s use and enjoyment of the LoanPro Service.
- You will not obtain or attempt to obtain any materials or information on or through the LoanPro Service through circumventing any access or use restrictions or by any other unauthorized methods, such as hacking or password mining.
- You may not use any bots, spiders, page-scraping or other automated or manual processes or methods to copy or monitor this LoanPro Service or any of its contents.
- Any content or data you upload or input in the LoanPro Service will not contain any libelous or unlawful material or any materials or instructions that may cause harm or injury, and will not violate any person’s right of privacy or any copyright, trademark, or other intellectual property rights.
- You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any other way use or exploit any of the content of the LoanPro Service or other LoanPro Materials other than for their authorized purposes. You will use LoanPro Materials solely for your own internal use, unless you’ve obtained the prior express written permission of LoanPro to authorize other users to access the LoanPro Service or use such LoanPro Materials.
- You will not delete or alter any proprietary rights or attribution notices in any content or LoanPro Materials obtained through the LoanPro Service.
- You agree that you do not acquire any ownership rights in any content provided by LoanPro, its licensors, or other third parties, or in any LoanPro Materials. We do not grant you any licenses, express or implied, to any LoanPro Materials except as expressly provided in these Terms, in connection with such content or materials, or as contained in a binding contract between you or the Customer and LoanPro.
- OWNERSHIP AND DATA USAGE RIGHTS.
(a) All content and materials on the Website or made available through the LoanPro Service, including the Software, text, graphics, logos and images (“LoanPro Materials”), are the property of LoanPro or its suppliers or licensors. All LoanPro Materials are protected by copyright and/or other laws that protect intellectual property and proprietary rights. You agree to comply with all copyright and other proprietary notices, legends or other restrictions applicable to any LoanPro Materials.
(c) The LoanPro Service tracks metadata and other usage data related to your use of the Software and other portions of the LoanPro Service (“Usage Data”) and shares such data with LoanPro. LoanPro shall own such Usage Data, other than the personal data incorporated therein. You agree that LoanPro shall have the perpetual right to collect, aggregate, use, distribute and sell such Usage Data for any legal purpose, including without limitation for the purposes of providing services and improving the LoanPro Service and LoanPro’s products and services generally. LoanPro may retain and use Usage Data permanently. To the extent such Usage Data contains any individually identifiable data or personal data, LoanPro shall not sell or otherwise provide such Usage Data to any third party unless the data been anonymized (e.g., no name or address attached to the particular data) and/or aggregated with other users’ data, so that it is not identifiable as to any particular person. Notwithstanding the foregoing, LoanPro may share Usage Data in its original form as necessary or appropriate to provide services to the Customer, to comply with legal obligations or to exercise its legal rights.
(d) If you provide any suggestions, ideas or feedback to LoanPro (“Feedback”), LoanPro shall have a royalty-free, worldwide, irrevocable, perpetual license to use such Feedback and incorporate it into or use it to improve LoanPro’s software, products and services.
- LINKS TO THIRD PARTY SITES. If you decide to access or use any third party websites linked to the LoanPro Service, you do this entirely at your own risk.
- TRADEMARKS. LoanPro’s name and its service marks, trademarks and logos, as well as any other LoanPro product and service names and logos displayed on the Website or LoanPro Service, are registered trademarks or trademarks of LoanPro Software, LLC or its affiliates. The names of third party companies and their trademarks are the property of their respective owners and may also be trademarks. LoanPro’s trademarks may be used publicly only with prior written permission from LoanPro.
- TERM AND TERMINATION. These Terms shall remain in force until terminated by either party. These Terms and your right to access to the LoanPro Service automatically terminate, without notice to you, if LoanPro’s contract with the Customer terminates or if your employment or engagement with the Customer terminates. Either you or LoanPro may also terminate these Terms at any time, for any or no cause, by giving notice to the other party. Without limiting the foregoing, if you breach any of the terms of these Terms, LoanPro has the right, at its sole discretion and without prior notice, to suspend, modify, disable, or terminate your account or your use of the LoanPro Service. Upon termination, you will no longer have access to the LoanPro Service and the Customer Data thereon, except as described in this subsection. The Customer will have access to the Customer Data in accordance with the terms of its subscription agreement with LoanPro.
- INDEMNIFICATION. You agree to indemnify and hold LoanPro harmless from and against any and all actions, suits, proceedings, losses, liabilities, damages, costs, and expenses (including attorneys’ fees) that LoanPro may incur or suffer in connection with any data or content input or uploaded to the LoanPro Service, or by reason of the breach or alleged breach of any of your obligations under these Terms.
- ASSIGNMENT. You may not allow others to use your LoanPro Service account, and these Terms may not be assigned by you, without LoanPro’s prior written consent, which will not be unreasonably withheld. LoanPro may freely assign these Terms.
- WARRANTIES AND DISCLAIMERS. LOANPRO WARRANTS THE LOANPRO SERVICE SOLELY TO THE CUSTOMER. NO WARRANTIES ARE MADE TO YOU OR ANY OTHER USER OF THE SOFTWARE ON A PERSONAL BASIS. EXCEPT AS SPECIFICALLY AGREED BY LOANPRO IN WRITING, THE LOANPRO SERVICE AND OTHER LOANPRO MATERIALS ARE PROVIDED “AS IS” AND LOANPRO AND ITS LICENSORS MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. LOANPRO DOES NOT WARRANT THAT THE SOFTWARE OR LOANPRO SERVICE IS ENTIRELY ERROR-FREE.
LOANPRO’S AND ITS LICENSORS’ TOTAL LIABILITY TO YOU FOR ANY CLAIM OR DAMAGE ARISING OUT OF THESE TERMS, INCLUDING ANY USE OF OR INABILITY TO USE THE LOANPRO SERVICE OR OTHER LOANPRO MATERIALS, SHALL BE LIMITED TO DIRECT DAMAGES, WHICH SHALL NOT EXCEED THE TOTAL AGGREGATE AMOUNT OF $100.000. IN NO EVENT SHALL LOANPRO OR ITS LICENSORS BE LIABLE FOR ANY LOST PROFITS, LOST DATA, INTERRUPTIONS OF BUSINESS, OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE LOANPRO SERVICE OR OTHER LOANPRO MATERIALS, REGARDLESS OF WHETHER LOANPRO HAS NOTICE OF THE POTENTIAL FOR SUCH LOSS OR DAMAGE. Some jurisdictions prohibit certain limitations of damages in consumer contracts, so the above limitations may be superseded by law in some jurisdictions.
- APPLICABLE LAWS.
(a) LoanPro controls the LoanPro Service from its offices in the United States of America. LoanPro makes no representation that the LoanPro Materials are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the LoanPro Service from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
(b) You may not use or export the LoanPro Materials other than as permitted by the Customer’s agreement with LoanPro.
(c) These Terms shall be governed by the laws of the state of Utah, excluding conflicts of laws rules. You consent to the exclusive jurisdiction and venue of courts in Utah in all disputes arising out of or relating to these Terms.
(d) LoanPro’s provision of the LoanPro Service and other LoanPro Materials and services is subject to existing laws and legal process, and nothing contained in these Terms limits LoanPro’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the LoanPro Service, other LoanPro Materials, or Customer Data.