Last updated 1-1-2019
By accessing or using our websites, mobile applications (including the LoanVerify® app) or other distribution channels (collectively, the “Sites”) provided by LoanVerify® (“LoanVerify®,” “we,” “us” or “our”) that link to these Terms, you agree to be bound by these Terms and all of the terms incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Sites or order, receive or use the services made available through the Sites (collectively, the “Services”).
These Terms do not alter in any way the terms or conditions of any other agreement you may have with us, and/or other third parties involved in a unique transaction in respect of any Services or otherwise. If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or such entity violates these Terms.
LoanVerify® reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification providing push notifications, providing notice through the Sites or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Sites or order, receive or use Services, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Sites or order, receive or use the Services. If you do not agree to the revised Terms, you may not access or use the Sites or order, receive or use the Services.
The Sites are not targeted toward or intended for use by anyone under the age of 18. By using the Sites, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from the Sites, or engaged in any activity that could result in suspension or removal from the Sites, (d) do not have more than one LoanVerify® user account, and (e) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party. Each service provider (both the individual and any entity through which the service provider operates) accessing a loan file through the Sites must be in good standing in each state where the service provider does business, and must hold all licenses required by law in order to provide services to a LoanVerify® user.
3. Registration, Account and Communication Preferences
In order to access and use certain areas or features of the Sites, you will need to register for an account. If we permit registration through one or more third party approved mobile applications/platforms (e.g., Facebook, LinkedIn, etc.), your third party user credentials will permit access to your LoanVerify® account, information, and features. By creating a LoanVerify® user account, you agree to (a) provide accurate, current and complete information, (b) maintain and promptly update from time to time as necessary your information, (c) maintain the security of your password and other access credentials and accept all risks of unauthorized access to your user account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Sites or your user account.
By creating a user account, you also consent to receive electronic communications from LoanVerify® (e.g., via email, push notifications, through chat or other features accessible through the Sites, or by posting notices to the Sites). These communications may include notices about your user account (e.g., password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
4. The LoanVerify® app Description
4.1. General Description: LoanVerify® provides users with access to the LoanVerify® app, which allows prospective borrowers to upload account and other information to be shared with one or more lenders in connection with interest in a purchase or refinance transaction. For example, borrowers will have the ability take pictures of sales documents, income and employment verification documents and upload these via the user’s smart phone. The user controls access to these documents and may authorize LoanVerify® to transmit and/or otherwise provide access to the documents to the user’s selected providers and/or potential lenders for evaluation. A user may revoke a provider’s access rights at any time upon notice to LoanVerify® at firstname.lastname@example.org . Documents which may be uploaded by a user include such items as driver’s license or other form of identification, paystubs, W2 or 1099 forms, tax returns, retirement account and pension statements, social security award letters, disability award letters, bank and other asset statements, mortgage statements, proof of insurance/insurance statements, divorcee decrees, bankruptcy paperwork, letters of explanation, child support agreements, alimony agreements, medical documents to support surgery, and any other document(s) necessary for lender loan approval.
THE SITES ARE PROVIDED SOLELY TO FACILITATE COMMUNICATIONS BETWEEN A USER AND THE USER’S PROVDERS AND POTENTIAL LENDERS REGARDING A UNIQUE LOAN TRANSACTION, INCLUDING LOAN ORIGINATION, PROCESSING AND CLOSING SERVICES AND TO ACT AS AN ONLINE REPOSITOR FOR DOCUMENTS RELATING TO THE UNIQUE LOAN TRANSACTION. LOANVERIFY IS NOT A LENDER.
4.2 Communications between Users and Providers. The LoanVerify® app will provide access to communications between users and their providers. Communications may include information regarding loan programs, cost estimates, approval status, and pre-closing checklists. Notifications are pushed to the user’s smart phones and stored on the Sites. A user may substitute providers at any time by instructing LoanVerify® to initiate a substitution. Not all users will have access to all portions of the Sites and/or borrower information or documents. In the event you cancel your account, please note that you will no longer be able to communicate with your providers via the Sites and will no longer have access to information stored within the Sites.
4.3 Payment and Billing Information. If we provide for any features that require advance payment by you, we may also collect credit card, debit card, and other payment information. By providing a credit card, debit card, or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) If the payment method cannot be verified, is invalid or is otherwise not acceptable, your account may be suspended or cancelled. In the event you want to change or update payment information associated with your LoanVerify® account, you can do so at any time by logging into your account and editing your payment information.
4.4 Taxes. We will collect applicable taxes on Services where we determine we have a duty to collect taxes. If Services are subject to tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as changes in tax rates.
5. License to Access and Use Our Sites and Content
Unless otherwise indicated in writing by us, the Sites and all content and other materials contained therein, including, without limitation, the LoanVerify® logo and all designs, text, graphics, pictures, information, data, software, sound files, User Content (as defined in Section 11), other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of LoanVerify® or our licensors or users, as applicable, and are protected by U.S. and international copyright laws.
You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable license to access and use the Sites and Content. However, such license is subject to these Terms and does not include any right to (a) sell, resell or use commercially the Sites or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Sites or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the Sites or Content, except as expressly permitted by us, and (f) use the Sites or Content other than for their intended purposes. Any use of the Sites or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights or Content of LoanVerify® or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.
Notwithstanding anything to the contrary in these Terms, the Sites and Content may include software components provided by LoanVerify® or a third party that are subject to separate license terms, in which case those license terms will govern such software components.
6. Repeat Infringer Policy; Copyright Complaints
In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of limiting access to the Sites by, or terminating the accounts of, users, in appropriate circumstances and in our sole discretion, who infringe the intellectual property rights of others. If you believe that anything on the Sites infringes any copyright that you own or control, you may file a notification of such infringement with our designated agent as set forth below:
Name of Designated Agent: c/o Gordon Feinblatt LLC
Address: 233 E. Redwood Street
Baltimore, Maryland 21202
Attn: Christopher Rahl, Esquire
Phone: (720) 405-1000
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including, without limitation, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
“LoanVerify®,” the LoanVerify® logo and any other LoanVerify® Service or service names, logos or slogans that may appear on the Sites or Services are trademarks of LoanVerify® or of its parent or affiliated companies and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “LoanVerify®” or any other name, trademark or Service or service name of LoanVerify® without our prior written permission. In addition, the look and feel of the Sites and Services, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of LoanVerify® and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, Service names and company names or logos mentioned on the Sites or Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any Services, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by LoanVerify®.
You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Sites for noncommercial purposes, provided that such link does not portray LoanVerify® or any of our Services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a LoanVerify® logo or other proprietary graphic of LoanVerify® to link to the Sites without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any LoanVerify® trademark, logo or other proprietary information, including the images found on the Sites or Services, the content of any text or the layout or design of any page, or form contained on a page, on the Sites without our express written consent.
9. Third Party Content
We may display content, advertisements and promotions from third parties through the Sites or in shipments with Services (collectively, “Third Party Content”). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that LoanVerify® is not responsible or liable in any manner for such interactions or Third Party Content.
10. User Conduct
You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Sites. You agree that you will abide by these Terms and, in addition, will not:
Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
Use or attempt to use another user’s account without authorization from such user and LoanVerify®;
Use the Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Sites or that could damage, disable, overburden or impair the functioning of the Sites in any manner;
Reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Sites;
Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Sites that you are not authorized to access;
Develop any third party applications that interact with User Content or the Sites without our prior written consent;
Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Sites, extract data or otherwise interfere with or modify the rendering of Site pages or functionality; or
Use the Sites for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
11. User Content
The Sites may include interactive features and areas that allow users to create, post, share or store content, including, but not limited to, reviews, photos, text, graphics, code, items or other materials (collectively, “User Content”). In the event you decide to share your User Content with others (including other participants to a unique loan transaction) through the Sites or third party platforms, you understand that this User Content will be viewable by others in accordance with the privacy settings you establish. You agree that you are solely responsible for your User Content and for your use of any interactive features and areas of the Sites.
By using the interactive features and areas of the Sites, you further agree not to create, post, share or store any of the following:
User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
User Content that impersonates, or misrepresents your affiliation with, any person or entity;
User Content that references or depicts LoanVerify® or our Services but fails to disclose a material connection to us, if you have one (for example, if you are a LoanVerify® employee);
User Content that contains any unsolicited promotions, political campaigning, advertising or solicitations;
User Content that contains any private or personal information of a third party without such third party’s consent;
User Content that references alcohol irresponsibly, such as references to overconsumption or use by minors;
User Content that contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
User Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Sites or Services, or that may expose LoanVerify® or others to any harm or liability of any type.
We are not responsible or liable for any User Content. Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Sites at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense.
12. Rights in User Content
We do not claim any ownership interest in your User Content. However, by uploading, posting or submitting User Content to the Sites or to our pages or feeds on third party social media platforms (e.g., LoanVerify’s Facebook page, Instagram page, LinkedIn page, Zillow page, or Twitter feed), you hereby grant LoanVerify a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, and your name, likeness, voice and persona in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes.
By uploading, posting or submitting User Content to LoanVerify® through the Sites or through our pages or feeds on third party social media platforms, you represent and warrant that (a) such User Content is non-confidential, (b) you own and control all of the rights to the User Content or you otherwise have all necessary rights to post such User Content, (c) you authorize LoanVerify® to use such User Content for the purposes described in these Terms, (d) the User Content is accurate and not misleading or harmful in any manner, and (e) the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule, regulation or third party right.
Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about LoanVerify®, the Sites or the Services (collectively, “Feedback”). Feedback is nonconfidential and shall become the sole property of LoanVerify®. LoanVerify® shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless LoanVerify®, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “LoanVerify® Parties”), from and against all actual or alleged LoanVerify® Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Services, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, (f) your failure to obtain and maintain all business qualifications and licenses as may be required by law or regulation, and (g) any third party’s use or misuse of the Sites or Services provided to you. You agree to promptly notify LoanVerify® of any third party Claims and cooperate with the LoanVerify® Parties in defending such Claims. You further agree that the LoanVerify® Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and LoanVerify®.
WE ATTEMPT TO DISPLAY THE SERVICES AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITES AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON. IN THE EVENT OF AN ERROR ON OUR SITES, OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE IF APPLICABLE) OR TO CANCEL SERVICES AND WHERE APPLICABLE ISSUE YOU A REFUND. THE SITES MAY CONTAIN INFORMATION ABOUT SERVICES THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A SERVICE ON THE SITES DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE.
EXCEPT AS MAY BE OTHERWISE EXPRESSLY PROVIDED IN WRITING, ALL SERVICES AND THE SITES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. LOANVERIFY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITES, CONTENT AND SERVICES, ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM, AND ANY WARRANTIES THAT THE SITES OR SERVICES WILL BE FREE AND CLEAR FROM ANY ADVERSE LIEN OR SECURITY INTERESTS.
We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Sites (or any features or functionality of the Sites) and the Services at any time without notice and without obligation or liability to you. Reference to any Services, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
16. Limitation of Liability; Release
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LOANVERIFY OR ANY OF THE OTHER LOANVERIFY PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SITES OR CONTENT OR ANY LOAN OR LOAN DOCUMENTATION OR INFORMATION CONNECTED WITH YOUR USE OF THE SITES INCLUDING THE LOANVERIFY APP, RECEIPT OR USE OF ANY SERVICE OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM LOANVERIFY, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO LOANVERIFY’S RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT SERVICE LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF LOANVERIFY AND THE OTHER LOANVERIFY PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO (A) THE ORDER, RECEIPT OR USE OF SERVICES PURCHASED FROM THE LOANVERIFY SITES, INCLUDING THE LOANVERIFY APP EXCEED THE AMOUNT PAID FOR SUCH SERVICES; (B) THE ORDER, RECEIPT OR USE OF SERVICES, OR (C) ACCESS OR USE OF THE SITES OR CONTENT, EXCEED THE GREATER OF $500 OR THE AMOUNT YOU PAID TO US IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE LOANVERIFY AND THE OTHER LOANVERIFY PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT SERVICE LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE LOANVERIFY AND THE OTHER LOANVERIFY PARTIES FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH LOANVERIFY PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Some laws and jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some laws and jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer Services, so this limitation may not apply to personal injury claims.
17. Modifications to the Sites and Services
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Sites (or any features or parts thereof) or the provision of the Services at any time and without liability therefor.
18. Informal Dispute Resolution
You and LoanVerify® agree that each party will notify the other party in writing of any dispute, arising out of or relating to these Terms, the Sites, content or Services within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the dispute informally. Notice to LoanVerify® shall be sent by certified mail or courier to LoanVerify®; c/o Gordon Feinblatt LLC, 233 E. Redwood Street, Baltimore, MD 21202, Attention: Christopher Rahl, Esquire. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your LoanVerify® account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with Section 3 and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and LoanVerify® cannot agree how to resolve the dispute within thirty (30) days after the date notice is received by the applicable party, then either you or LoanVerify® may, as appropriate, commence further legal proceedings as permitted by these Terms.
19. Governing Law and Venue
These Terms, your access to and use of the Sites and your order, receipt and use of the Services shall be governed by and construed and enforced in accordance with the laws of the State of Colorado, without regard to conflict of law rules or principles (whether of the State of Colorado or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties, shall be resolved in the state or federal courts of the State of Colorado, provided that we may seek injunctive or other equitable relief to protect our Content or other intellectual property in any court of competent jurisdiction. We each agree to waive all right to a jury trial in connection with any matters covered by these Terms.
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Sites and to order, receive and use the Services, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law. In the event you cancel your account, please note that you will no longer be able to communicate with participants to a loan transaction via the Sites and will no longer have access to loan files or other information stored within the Sites. In the event you cancel your account, please note that we may still send you promotional communications about LoanVerify®, unless you opt out of receiving those communications by following the unsubscribe instructions.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
The following sections will survive the expiration or termination of these Terms and the termination of your LoanVerify® account: all defined terms and Sections 1, 3, 4, 5 (first paragraph only), 6, 7, 8 (second paragraph only), 9 through 23.
These Terms constitute the entire agreement between you and LoanVerify® relating to your access to and use of the Sites and your order, receipt and use of Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of LoanVerify®. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and LoanVerify® failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. We have agreed that the language of these Terms and any purchase of Services through the Sites shall be English.