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The Loan Post-User Agreement

Welcome to the User Agreement for TheLoanPost. This agreement describes the terms on which you may access and use our services. In order to become a member of TheLoanPost, you must read and accept all of the terms and conditions of this agreement and the Privacy Policy. The purpose of this agreement is to limit any potential liabilities and protect all copyrighted material.

We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this website. Your continued use of TheLoanPost service indicates your acceptance of the amended User Agreement.

Definitions: " TheLoanPost " represents a website that you, the "user", which is a mortgage professional, mortgage broker, loan officer, etc... are creating a username and password, where the "user" will have access to the services described below. The term "Pre-Qual" represents the information the user submits via a form containing your personal/business contact information and your loan scenario that you are requesting financing for. There will NEVER be any required personal or confidential information regarding borrowers for this web application.

Description of Service

TheLoanPost is an online CRM service enabling the invited users to submit Pre-Quals to AEs. This service is designed to organize the request of your Pre-Quals to and from Account Executives. The AE may uses The Loan Post service to stay in contact with you via E-mail regarding the delivery of Pre-Quals, status of any Pre-Quals, and status of already submitted files. You may also use The Loan Post system to keep track of the status for all your pre-quals and submitted files with a particular lender. Furthermore, The Loan Post will have the ability to send you updated loan program information from the AE.

Membership Fees: Current membership pricing is set at $39.99/month. All users are entitled to a risk free 30 day trial money back guarantee. If for any reason you do not wish to continue services with The Loan Post, Inc. you may Contact Us to cancel your membership. All on going memberships can be canceled at any time, however pro-rated refunds are not eligible after the 30 day trial.

Affiliate Program: With membership pricing set at $39.99/month, all affiliates are entitled to a commission of $20.00 per newly registered user. Commission is paid after the brokers 30 day risk free trial. After signing up, affiliates will have access to a code which will generate our logo with an embedded tracking code. Every user that clicks this logo, will be tracked in your affiliate account. Additionally, you will have access to all visitor click throughs, regsitered members, and paid registered users. Please Contact Us for more details.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT TheLoanPost SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT TheLoanPost DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. TheLoanPost ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS AND AE'S. TheLoanPost EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

TheLoanPost MAKES NO WARRANTY THAT (i) TheLoanPost SERVICE WILL MEET YOUR REQUIREMENTS, (ii) TheLoanPost SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF TheLoanPost SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH TheLoanPost TO MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TheLoanPost OR THROUGH OR FROM TheLoanPost SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATIONS OF USE: You, the User, agree not to reverse engineer or attempt to reverse engineer, decompile or attempt to decompile, or disassemble or attempt to disassemble TheLoanPost website or any component thereof. You, the User, also agree not to replicate, imitate or otherwise reproduce (or attempt to duplicate, imitate or otherwise reproduce) the methodologies or inner logic used on TheLoanPost website without the express written permission of the Company. The User is prohibited from violating or attempting to violate the security of the Company's website or otherwise damaging the website or any of its content in any way, including, without limitation, (1) accessing data not intended for such User or logging into a server or account which the User is not authorized to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (3) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to TheLoanPost website, overloading, "flooding", "spamming", "mail bombing" or "crashing", (4) sending unsolicited e-mail, including promotions and/or advertising of products or services, (5) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (6) impersonating any person or entity or falsely stating or otherwise misrepresenting your identity or affiliation, (7) using any device, software or routine to interfere or attempt to interfere with the proper working of TheLoanPost website or any activity being conducted on this website. Violations of system or network security may result in civil or criminal liability.

Current and former Users of and/or subscribers to TheLoanPost expressly agree that for a period of five (5) years from the date of expiration or termination, as the case may be, of this Agreement, the User / subscriber will not be directly or indirectly involved with a business which is in direct competition with TheLoanPost. The User further agrees that for a period of five (5) years from the date of expiration or termination, as the case may be, of this Agreement, the User will not divert or attempt to divert from TheLoanPost any business TheLoanPost has enjoyed, solicited, or attempted to solicit from its customers prior to the date of termination or expiration, as the case may be, of this Agreement. Current or potential competitors of TheLoanPost are expressly prohibited from subscribing to or using TheLoanPost website or services.

LIMITATIONS OF LIABILITY:

You the user, understands your responsibility in handling your borrower's personal information. When sending attachments and uploading documents, the E-mail addresses you have manually entered under the preferred lender section will receive the attachments. It is your responsibility to make sure that the contact information is up to date, and that the recipient is qualified and responsible to handle the sensitive, personal, and confidential information you provide. Specific examples referred to, but not limited to, are Credit Reports, 1003's, Appraisal's, and any other documents that are needed to be analyzed prior to the lending process.

TheLoanPost is not a lender and makes no loan or credit decisions on any loan. TheLoanPost does not endorse or recommend the loan products of any lender over those of another. The User assumes all responsibility for independently verifying the accuracy of any lender-supplied quotes with each particular lender. The Company depends on third parties for loan information processing and makes no guarantee, express or implied, as to the accuracy of the data returned and/or supplied by these third parties. Under no circumstances will the Company be held liable for any damages whatsoever (including, but not limited to, damages for loss of revenue or anticipated profits, business interruption or loss, loss of information or any other pecuniary loss) arising out of the use of or the inability to use the Company's website and/or services. To the fullest extent permitted by law, in no event will the maximum collective liability of TheLoanPost (whether based in contract, tort, negligence, strict liability or otherwise) for losses or damages exceed the amount paid by the User to access the Company's services. To the fullest extent permitted by law, under no circumstances, will TheLoanPost , its officers, directors, employees, affiliates or agents be liable to the User or to any third party for any indirect, special, incidental, consequential or punitive damages, including without limitation loss or revenues, loss or profits or business interruption, arising out of or relating to use of the Company's website or services.

CHANGES: All Company policies and prices are subject to change without prior notice to User. The Company reserves the right to discontinue its services, either permanently or temporarily, for any reason, at the Company's sole discretion, without prior notice to User, provided the Company issues a full refund of any fees paid upfront by User for services not yet furnished by the Company.

COPYRIGHT AND TRADEMARKS: The contents of TheLoanPost website (including, but not limited to, its design, interfaces, sounds, text, graphics, button icons, software and other content, as well as the website's general "look and feel") is the sole property of The Loan Post, Inc. and is protected under United States and international copyright and trademark laws. Any unlawful infringement on or attempted interference with the rights and privileges protected by these laws will be prosecuted to the fullest extent of the law.

DISPUTE RESOLUTION: This agreement will be governed in all respects by the substantive laws of the State of Florida without regard to its provisions relating to conflicts of laws. The User hereby agrees that any breach of any provision hereof may constitute irreparable harm, and that TheLoanPost may be entitled to specific performance and/or injunctive relief in addition to other remedies at law or in equity. Any claim or controversy arising out of or relating to the use of TheLoanPost website or services, or to any acts or omissions for which you, the User, may contend that the Company is liable, including but not limited to any claim or controversy as to the arbitrability of such dispute, will be finally and exclusively settled by binding arbitration under the Commercial Rules of the American Arbitration Association. The arbitration will be conducted by one impartial arbitrator, selected by mutual agreement. The arbitrator will be either an attorney or a retired judge. Any proceedings will be held in the Miami, Florida metropolitan area or in such other location as may be agreed to by the parties. The arbitrator will be bound by any limitations and/or exclusions of liability as set forth in this Agreement. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.