LenderLab terms of use:
Acceptance of Terms of Use. By using this web site or any of its
products or services, hereafter referred to as "contents," you
signify your agreement to all terms, conditions, and notices contained or
referenced herein (the "Terms of Use"). If you do not agree to these
Terms please do not use this site, its services, or any of its contents.
Correspondences. By using this service and any of its contents,
functions or materials, you understand and agree that any information you supply
may be used by the company, or its affiliates, for routine correspondences that
could include any of the following types of communications & solicitations:
email, fax, snail-mail, or telephone. Additionally, data may be tracked by the
company to monitor server connection log files, verify membership, maintain
security, monitor traffic or usage patterns, and /or otherwise track users for
any reason judged appropriate by the company, in order to better understand our
clientele and their usage of our products.
Proprietary Rights. This service, and the entire contents thereof,
including but not limited to, web pages, information, materials, text,
software, graphics and sub-domains (collectively referred to as the
"Contents"), are provided by and are the exclusive property of
LenderLab and its affiliates. You may only access and use this web site and any
function provided as allowed under these Terms of Use. Except as otherwise set
forth below, LenderLab and its affiliates own this web site and all the Contents.
Federal and state intellectual property laws and treaties apply to and protect
the Contents and their use. LenderLab does not claim any ownership rights or
intellectual property claims to any third-party names, trademarks, service
marks, or to any third party copyrighted images or content that appear on this
web site, in the Contents, or as any part of the service. Your use of this
service and of its Contents does not entitle you to any ownership rights or
intellectual property claims to this service or its Contents. You assume sole
responsibility for any damage caused, whether directly or indirectly, by your
infringement of LenderLab 's intellectual property rights and/or by your
transmission, use, distribution, redistribution, or replication, of any of the
Contents in violation of the terms and conditions.
Limited Right to Use. LenderLab grants you a limited, non-exclusive,
non-transferable right to access and use the Content solely for your own
internal business purposes and subject to these Terms of Use. The use, viewing,
printing, downloading, or making available of the Content is restricted solely
to the extent necessary to communicate or interact with customers and to use
the Contents within the operation of your respective business as an authorized
user of the product(s) according to the purposes for which they were designed,
and any other republication, distribution, assignment, sublicense, sale or
preparation of derivative works for any other purpose is strictly prohibited.
No Content may be reproduced in any form or incorporated into any information
retrieval or broadcasting system other than for your internal use as an
authorized user of the product(s) and within the range of the functions and
purposes for which the product(s) is/are currently being made available. All
rights not expressly granted to you are reserved by LenderLab. LenderLab
reserves the right to revoke the aforementioned rights and license at any time
without notice, and to change, discontinue, restrict or prevent access to, this
web site or to the Contents or to any portion or feature thereof.
User Conduct. You agree not to upload, post or otherwise distribute or
facilitate distribution of any content, including text, communications,
software, images, sound, data, or other information, that is unlawful,
threatening, offensive, abusive, harassing, defamatory, libelous, deceptive,
fraudulent, that infringes upon any intellectual property or proprietary right
of any party, or that constitutes unauthorized or unsolicited advertising, use
of auto-dialers, unsolicited phone calling, unsolicited faxes, junk or bulk
email (also known as "Spamming"), chain letters, or any other form of
unauthorized solicitation. You also agree that you will not harvest or collect
information about individuals, participants, users, or members of the service,
for the purpose of transmitting or facilitating transmission of unsolicited
bulk electronic email or other unlawful communications. Furthermore it is the
responsibility of the individual user to stay informed of laws that may affect
the manner in which they intend to use LenderLab products and LenderLab makes
no representations as to the legality of its products in any specific location,
or for any individual user's intended purpose(s).
User's Grant of Limited License. When posting or submitting content to this web
site, its email delivery system, or any other tool or function that is a part
of any product or feature produced or supplied by LenderLab, you:
1. grant LenderLab and
its affiliates the right to use, reproduce, display, perform, adapt, modify,
distribute, have distributed, and promote the content for the purpose it is
submitted; and
2. warrant and
represent that you own or otherwise control all of the rights to the content
and that public posting and use of your content by LenderLab will not infringe
or violate the rights of any third party.
Communications by Users. This service may contain means by which users
of the service may communicate and exchange information. LenderLab is not
responsible for any statements made by users of this service, and neither
endorses statements made therein nor warrants that the statements are true.
Your reliance upon any such statements is done at your own risk. Furthermore,
you are required to comply with all relevant Federal and local laws when making
communications using data or tools supplied by LenderLab. LenderLab reserves
the right to prevent access to users who abuse the right to post communications
and to edit statements made by users of the service.
Communication Tools and Data. This service may provide contact
information and tools that facilitate the locating and contacting of other
individuals or entities. It is the user's responsibility to comply with all
Federal and local laws while using LenderLab products. Caution is given that
laws regulate the manner and circumstances by which communications may be
legally made via telephone, fax, and email, and it is the responsibility of the
LenderLab user, to be in compliance with all laws both Federal and local, when
using any LenderLab product. Data and tools supplied by LenderLab whether in
the form of contact information, do-not-call list scrubbing, other information
sent or displayed, or auto distribution tools for emailing, calling, or faxing,
should not be construed as permission to contact any person or entity for any
reason, commercial or otherwise.
Information tools and data provided. This service may provide data and /
or tools that facilitate the storing, tracking, organizing, validating, cleansing,
or other forms of data manipulation. When using any of these services or tools
the user agrees and understands that it is the users' responsibility to ensure
that the manner in which they intend to use the various services are sufficient
to achieve the user's intended results. LenderLab nor its redistributors will
be responsible for errors or omissions of data or partial or incomplete data
and any resultant damages. Caution is given that data is being supplied for
informational purposes only and subject to change at any time, and it is the
user's responsibility to verify all information provided before relying upon
any data in making decisions that could result in the incurring of damages
penalties or losses of any sort.
Re-distributors. Some products may allow the user to redistribute
certain content via tools provided to the user. In these instances the
re-distributor agrees to indemnify LenderLab from any claim or damages arising
directly or indirectly from use of the service or its contents, by the the
users the re-distributor supplies with LenderLab content, or the
re-distributors themselves. You also agree that as a re-distributor you will
not make any representations or guarantees on behalf of LenderLab and LenderLab
will not be bound by any statements you may make regarding LenderLab products.
Furthermore, if you are an end-user receiving data or other content from a
re-distributor, you agree and understand that all content supplied is accepted
"as-is" and "as-available" and you will hold LenderLab and
its content re-distributors harmless from damages arising from, or out of, the
use of all LenderLab supplied products.
Third Party Sites. This service may produce or distribute automated
search results that link you to other sites on the Internet. These sites may
contain information or material that some people may find inappropriate or
offensive. These other sites are not under the control of LenderLab, and you
acknowledge that LenderLab is not responsible for the accuracy, copyright
compliance, legality, decency, or any other aspect of the content of such
sites. The inclusion of such a link does not imply endorsement of the site by
LenderLab or any association with its operators.
Disclaimer of Warranties. This web site and all of its services are only
intended to provide data and information that may be of interest to its
authorized users. The Contents are provided to you as a service and only on an
"as-is" and "as-available" basis. LenderLab will not be
responsible for any errors or omissions in the Contents, nor for any loss or
damage arising from your reliance on the Contents or a linked site. LenderLab
believes the Contents to be reliable, but makes no claims, warranties or
representation, with regard to the reliability, accuracy, truth, timeliness,
usefulness, or completeness, of the Contents. The Contents are comprised solely
of general information and are not customized to your personal situation.
LenderLab does not offer legal, accounting or financial advice or guidance. You
should not depend or rely upon any of the Contents contained in, or distributed
from, the company or this web site. Your reliance upon any of the Contents
contained in this web site is done so at your own risk. You alone are
responsible for any decisions you make as a result of using this service.
YOU ASSUME ALL RESPONSIBILITY FOR THE USE OF THIS WEB SITE, ITS PRODUCTS AND
FUNCTIONS. ALL CONTENTS AND MATERIALS ARE PROVIDED "AS IS," AND ARE
WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;
FREEDOM FROM VIRUSES, BUGS, ERRORS, OR OTHER HARMFUL CODE OR COMPUTER
PROGRAMMING ROUTINES; AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
LENDERLAB, ITS AFFILIATES, AND REDISTRIBUTORS OF LENDERLAB SUPPLIED DATA AND
TOOLS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE CORRECT, OR
SUITABLE FOR ANY PURPOSE; THAT THIS WEB SITE OR ANY FUNCTION WILL BE AVAILABLE
AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE
CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR
THAT ANY DISTRIBUTED MATERIALS ARE SUITABLE TO BE USED FOR ANY PURPOSE. AT THE
SAME TIME CAUTION IS GIVEN THAT LOCAL AND FEDERAL LAWS LIMIT THE MANNER IN
WHICH SOME PRODUCTS CAN BE USED, AND IT IS THE REPONSIBILITY OF THE USER TO
CHECK THE APPROPRIATENESS AND LEGALITY OF THE SERVICE(S) LENDERLAB PROVIDES,
INCLUDING ALL PRODUCTS AND FEATURES, WITH THE APPROPRIATE GOVERNING AND LEGAL
BODIES IN THEIR JURISDICTION. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK.
Limitation of Liability. LENDERLAB AND ITS AFFILIATES ARE NOT LIABLE FOR
ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES
FOR THE INABILITY TO USE THIS WEB SITE OR ANY TEMPLATE SITE, OR TO ACCESS THE
CONTENTS, OR FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR
THE LIKE), ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEB SITE, ANY
TEMPLATE SITE, THE CONTENTS, OR ANY HYPERLINKED SITE, EVEN IF LENDERLAB HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification. Upon a request by LenderLab, you agree to defend,
indemnify, and hold harmless LenderLab and its affiliates, and their employees,
contractors, officers, and directors from all liabilities, claims, and
expenses, including attorney's fees, that arise from your use or misuse of this
web site or any template site. LenderLab reserves the right, at it own expense,
to assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will cooperate with LenderLab in
asserting any available defenses.
International Use. LenderLab makes no representation that materials on
this web site or any template site are appropriate or available for use in
locations outside the United States, and accessing them from territories where
their contents are illegal is prohibited. Those who choose to access this web
site or any template site from other locations do so on their own initiative
and are responsible for compliance with local laws.
Choice of Law and Forum. These Terms of Use shall be governed by and
construed in accordance with the laws of the State of Utah, excluding its
conflicts of law rules. You expressly agree that the exclusive jurisdiction for
any claim or action arising out of or relating to these Terms of Use or your
use of this web site or any template site shall be filed only in the state or
federal courts located in the State of Utah, and you further agree and submit
to the exercise of personal jurisdiction of such courts for the purpose of
litigating any such claim or action.
Severability and Integration. Unless otherwise specified herein, this
agreement constitutes the entire agreement between you and LenderLab with
respect to this site and its products and supersedes all prior or
contemporaneous communications and proposals (whether oral, written, or
electronic) between you and LenderLab. If any part of these Terms of Use is
held invalid or unenforceable, that portion shall be construed in a manner
consistent with applicable law to reflect, as nearly as possible, the original
intentions of the parties, and the remaining portions shall remain in full
force and effect.
Cancellation: We are a subscription service and billing is done on a
month-to-month basis until the time user contacts us to unsubscribe. To
unsubscribe you may contact us via phone at 801-539-8066 or 800-339-1863, via
fax at 801-539-8067 or via email at checkit@lenderlab.com. All users will be
provided with a cancellation number over the phone and via email at the time of
cancellation.
Refunds/Credits: Refunds or credits due to cancellation will generally
not be provided whether or not the account has been used and regardless of the
length of time since last billing, but user will still be able to access their
account through the end of their current billing cycle. If the account is
billed post any cancellation request, credits will only be granted if user can
provide the confirmation number given at the time of cancellation. As stated
above, cancellation numbers are provided over the phone and sent via email at
the time of cancellation. If user cannot provide a cancellation number, refunds
will not be given regardless of whether or not the account has been used.
Any other credits/refunds will be
considered only on a case-by-case basis and any user who has received a credit
in the past will not be eligible for a second credit on any subsequent billing
or account(s), regardless of the circumstances. (This includes Risk-Free Trials.
Risk-Free Trials are a one-time offer and any
previous member
who has received a credit for a Risk-Free Trial in the past will not be eligible
for any additional trial or refund).
Annual Accounts: Accounts paid a year in advance will generally not be refunded as these are billed at reduced prices from the basic monthly fee. Any refunds on an annual account will be provided only on a case-by-case basis and only if due to extenuating circumstances. If an annual account is cancelled within the year billed and a credit is issued, that credit will be based on a prorated amount based on two factors: 1) prorated for the months already used and 2) based on the monthly charge for that service, not the discounted annual rate.
Termination: LenderLab reserves the right, in its sole discretion, to
terminate your access to all or part of this web site, service, or any template
site, with or without notice.
© 2000 - 2009 LenderLab . All Rights Reserved.