1. Acceptance of Terms Through Use.
By registering with LenderClose through this website or mobile application, or using any of the Services, you understand and agree that you have established a business relationship between you and LenderClose .YOU AGREE THAT LenderClose MAY CONTACT YOU BY TELEPHONE AT THE NUMBER(S) YOU PROVIDE OR BY EMAIL OR MAIL AT THE ADDRESS YOU PROVIDE REGARDING OTHER PRODUCTS OR SERVICES OFFERED BY OR THROUGH LenderClose EVEN IF YOUR TELEPHONE NUMBER OR EMAIL IS ON A DO-NOT-CALL REGISTRY OR SIMILAR LIST. With any email communication, LenderClose will provide a means by which you may opt-out of further communication.
4. Use of the Services.
You agree to use the Services solely for your personal use and for commercial use limited to your own transactions. To use the Services, you represent that you are an adult resident of the United States of America, including its Commonwealths and Territories (collectively, the “USA”). By registering, you warrant and represent to us and any other service provider with whom you authorize us to share your information that you are an adult resident of the USA. The Services may be accessed from countries around the world and may contain references to products or services that are not available where you are located or reside. These references do not imply that LenderClose currently offers or intends to offer such products or services in your country.
You may not use, export or re-export the Services in violation of U.S. law or the laws of any other country or jurisdiction. Specifically, and without limiting the foregoing, the Services may not be exported or re-exported into any U.S. embargoed countries or to anyone on the U.S. Department of Commerce Denied Person’s List or Entity List or the U.S. Treasury Department’s list of Specially Designated Nationals. You represent and warrant that you are not on any such list or located in any such country and that you will not use the Services for any purposes prohibited by U.S. or other applicable law.
You may not use any robot, spider, web crawler, deeplinking or other automatic or manual device, tool or process to access, monitor, retrieve, data mine, reproduce or circumvent any portion of the Services, or in any way circumvent the navigational structure or presentation of the Services or portion thereof. You may not attempt to gain unauthorized access to any portion of the Services by any means. You agree that you will not attempt to modify, adapt, reverse engineer, decompile, translate or disassemble any portion of the Services or otherwise attempt to derive the source code or underlying ideas, programs or algorithms associated with the Services. Any unauthorized use or misuse of the Services may be a cause for terminating your right to use the Services, including the website and mobile application. LenderClose reserves the right, in its sole discretion, to terminate your access to any part or portion of the Services with or without notice. If termination occurs in connection with a subscription service, LenderClose will refund the pro rata unused portion of your subscription fee following such termination, unless you and LenderClose agree that such fees are non-refundable.
To ensure that LenderClose provides a high-quality experience for you and other users of the Services, you agree that LenderClose or its representatives may investigate complaints, allegations of abuse, infringement of third-party rights, or other unauthorized uses of the Services. LenderClose will not disclose such an investigation unless required to do so by law. LenderClose will cooperate fully with any law enforcement agencies in their investigation of the violation of any applicable laws.
5. Authorized Use of Services.
LenderClose grants you a fully revocable, non-exclusive license to use the Services, and view and print documents or information obtained on the website and mobile application, for authorized, legal, personal and commercial uses limited to your own transactions, subject to the following terms and conditions:
a. The documents or information may be used by you solely for informational purposes and will not be distributed to others who are not acting for you.
b. You will not charge any fee to any person in connection with the Services and information obtained by you through the Services.
c. The Services or information obtained through the Services will not be modified by you in any way.
d. You will not use the Services to sell a product or service or to increase traffic to a website for commercial reasons. You will not modify, use as a basis for a derivative work, reformat, mirror, copy, reproduce, distribute, publish, perform, download, display, post, translate, transmit or otherwise use any elements of the Services, including without limitation any portion of the website or mobile application or content obtained through them.
e. All copyright or other proprietary notices that appear in connection with the Services, including on the website and mobile application, or the materials downloaded or printed from the website or mobile application, will appear on any copy of the document or portion that you make.
The license granted by LenderClose to use the Services does not include the right to copy or distribute any portion of the Services, such as layout or design of the website or mobile application, or logos, graphics, sounds, or images. Elements of the Services, including the website and mobile application, are protected by copyright, trade dress, or other laws and may not be imitated in whole or in part.
6. Reservation of Rights.
8. Intellectual Property Notices.
Some of the products and services included within the Services are covered by one or more issued patents owned by LenderClose and/or its vendors.
10. Links to Other Websites and Related Disclaimer.
The Services may include links to other websites, content or services beyond the control of LenderClose. LenderClose provides you with these links solely for your convenience. Some of these websites, content or services may be co-branded (i.e., bear the name and/or logo of both a third party service provider and LenderClose). The provision of any link to another service provider does not signify an endorsement by LenderCloseof the service provider’s website or the services offered by that service provider. LenderClose has no control over, does not review, and cannot be responsible for the information contained on other websites or provided by third parties. LenderClose does not make any representations regarding the content, accuracy, completeness, decency, legality, non-infringement, quality or any other aspect of such third-party websites, content, or services. LenderClose is not responsible for and does not assume any liability with respect to the content, privacy practices or otherwise of third parties.
Your use of such third party websites, content or services will be subject to terms and conditions of that third party. YOU AGREE THAT LenderClose WILL NOT BE RESPONSIBLE OR LIABLE FOR LOSS OR DAMAGE YOU MAY INCUR AS THE RESULT OF A TRANSACTION YOU ENTER INTO THROUGH THE WEB SITE OR SERVICES OF A THIRD PARTY.
11. Potential Disruption of Service.
We do not guarantee that our Services, or any content contained within or accessible through Services, will always be available or uninterrupted. Access to the Services may from time to time be unavailable, delayed or limited due to, among other things: hardware failure; software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or content irregularities; system overload; damage caused by severe weather, natural disasters, war or acts of God; terrorism; interruption of power supplies; strike or other stoppage of labor; governmental or regulatory restrictions; or any other cause whatsoever beyond the control of LenderClose. LenderClose is not liable to you if, for any reason, the Services are unavailable at any time or for any period.
THE SERVICES ARE MADE AVAILABLE FOR INFORMATIONAL PURPOSES ONLY AND NOT INTENDED TO PROVIDE SPECIFIC COMMERCIAL, FINANCIAL, INVESTMENT OR LEGAL ADVICE.
The materials, information, products, and services included in or available through the Services, including the images, text, databases, photos, custom graphics, compilation, assembly, and the overall look and distinctiveness of the website and mobile application, are provided “as is” and “as available.” LenderClose disclaims all express or implied representations, warranties, guaranties, and conditions, including implied warranties or conditions of merchantability, fitness for a particular purpose, title, or non-infringement. Neither LenderClose nor its licensors make any representations, warranties, or guaranties as to the quality, reliability, suitability, truth, accuracy, or completeness of the Services. LenderClose disclaims any representation or warranty that the Services OR ANY PRODUCT OR SERVICE OFFERED THROUGH THE SERVICES will be available at any particular time or from any particular location OR that any defects or errors will be corrected. The Services may include inaccuracies or typographical errors. Your use of the Services is solely at your risk.
WE MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE SERVICES, OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE SERVICES, OR THE THIRD PARTY CONTENT AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO CEASE USE OF THE SERVICES. SHOULD THE SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. WE DISCLAIM ANY IMPLIED OR STATUTORY WARRANTIES (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICES; OR (II) THAT THE SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY OR ACCESSIBLE THROUGH THE SERVICES. NO COMMUNICATION, INFORMATION OR ADVICE GIVEN BY US OR ANY REPRESENTATIVE OF OURS, WHETHER WRITTEN OR ORAL, SHALL CREATE ANY WARRANTY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS AND CONDITIONS.
You also may have other rights, which may vary from state to state and jurisdiction to jurisdiction.
13. Limitation of Liability.
14. Indemnification of LenderClose.
15. Severability and Integration.
16. Dispute Resolution. YOU AGREE THAT YOUR USE OF SERVICES CONSTITUTES A TRANSACTION IN INTERSTATE COMMERCE AND THAT
Any claim or controversy arising out of or relating to the use of this website or to any acts or omissions for which you may contend LenderClose is liable, including but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be finally, and exclusively, settled by arbitration PURSUANT TO THE FEDERAL ARBITRATION ACT, 9 U.S.C. § 1 ET SEQ. This section is deemed to be a written agreement to arbitrate pursuant to the Federal Arbitration Act and is intended to satisfy the writing requirement thereunder.
YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.
The arbitration will be held before one arbitrator under the arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitration will be conducted in POLK COUNTY, IOWA. The arbitrator will be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, you will select an arbitrator from a panel of arbitrators acceptable to LenderClose. In any arbitration, LenderClose will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand.
Should a dispute arise and should the arbitration provisions become inapplicable or unenforceable, you agree that jurisdiction over and venue of any suit will be exclusively in the state and federal courts sitting in POLK COUNTY, IOWA. If either party employs attorneys to enforce any right in connection with any dispute or lawsuit the prevailing party is entitled to recover reasonable attorneys’ fees.
17. Claims of Copyright Infringement; Digital Millennium Copyright Act Policy.
This policy is intended to implement the procedures described in Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”) for the reporting of alleged copyright infringement. LenderClose respects the legitimate rights of copyright owners, their agents, and representatives. Users of any part of the Services are required to respect the legal protections provided by applicable copyright law.
Upon receipt of notification of claimed infringement, LenderClose will follow the procedures outlined herein and in the DMCA. LenderClose’s “Designated Agent” to receive notification of alleged infringement under the DMCA is listed below. If you believe that your work has been copied and is accessible on the website in a way that constitutes copyright infringement, notify LenderClose in writing:
Attn: Legal Department
3001 Westown Parkway, Suite 200
West Des Moines IA 50266
Any claim of copyright infringement should include sufficient information to enable us to evaluate your claim and to take appropriate action. A notice of alleged copyright infringement to the Designated Agent must include the following:
• An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notice, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit LenderClose to locate the material.
• Information reasonably sufficient to permit LenderClose to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
• A statement that the complaining party has a good faith belief that use of the material in the matter complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
It is expected that all users of any part of the Services will comply with applicable copyright laws. However, if LenderClose is notified of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity. LenderClose will comply with the appropriate provisions of the DMCA in the event a counter notification is received by its Designated Agent.
Under appropriate circumstances, LenderClose may, in its discretion, terminate authorization of users of the Services who are repeat infringers.
18. Governing Law.
21. Other Agreements.
22. Questions, Comments, and Contact Information.
Attn: Legal Department
3001 Westown Parkway, Suite 200
West Des Moines IA 50266
Notices shall be deemed given when notice is posted on the website or otherwise provided in connection with the Services, or when the e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Unless the regular mail is returned to the sender, notice shall be deemed given three days after the regular mail is sent, in the case of domestic mail, or seven days after the regular mail is sent, in the case of international mail.
Last Updated September 27 2019.