- PROVISION OF THE PLATFORM. Customer is hereby granted a subscription to access the Platform as a subscriber (the “Subscription“), and Loan Atlas shall use commercially reasonable efforts to make the Platform available to you. The Platform and the features to which you will have access will be determined based on the type of account for which you have subscribed. You understand that the Platform provided to you may be subject to usage limits and you agree to not circumvent such usage limits. Platform availability, and availability of certain content and features, are dependent on variables not under our control, including the speed and availability of your broadband connection and your geographic location. You may experience delays or technical difficulties caused by or related to these variables. Some Platform features may require you to install and operate additional applications on your personal computer or other device(s) through which you access the Platform. Performance and availability of features on those applications may differ between device and subscriber setup and may be subject to additional terms and limitations with the providers of such applications. Your access to the Platform may be terminated pursuant to the terms herein or in the Terms of Use. In addition to any other reason to terminate your access to the Platform, Loan Atlas may determine that it will discontinue or modify some or all of the Platform for any reason or no reason. If Loan Atlas terminates the Platform, Loan Atlas will strive to provide reasonable prior notice to you via email and/or notice made available on Loan Atlas’s Website. If you are a subscriber of the Platform, Loan Atlas may refund a prorated portion of any pre-paid fees depending on the scope of the modification or discontinuance of the Platform
- SUBSCRIPTION; FEES
2.1 Subscription Term. The initial term or duration of the Subscription will be twelve (12) months. After the conclusion of such twelve (12)-month term (and each successive twelve (12)-month term thereafter), the Subscription will automatically renew for another twelve (12)-month term unless cancelled by you in accordance with Section 2.3.
2.2 Cancellation Policy. If you wish to cancel your Subscription, you must submit your request to [email protected] no later than ten (10) days prior to the last day of the then current term of your Subscription (each such date, a “Cancellation Deadline”). Any cancellation, for any reason, that occurs prior to the Cancellation Deadline will incur a fee equal to eighty percent (80%) of your current monthly membership fee multiplied by the number of full calendar months remaining in the then current term of your Subscription. Such cancellation fee will become due on the date of cancellation.
2.3 Agreement to Pay. You agree to pay all applicable fees and charges associated with using the Platform, as well as any ancillary products and services made available to you by Loan Atlas, in accordance with the pricing schedule and terms of payment established by Loan Atlas, which fees are nonrefundable and nonreturnable. You hereby waive all rights to, and covenant not to, attempt to chargeback or otherwise reverse or dispute any charges on your credit card made in accordance with this Agreement and any pricing schedule. We may use a third party credit card processing company, and you hereby agree to provide complete and accurate information to such credit card processing company as may be requested from time to time. You agree to update your billing and credit card information to keep it current and notify us and the third party credit card processing company if your credit card is cancelled. You agree that we may suspend or terminate your access to the Platform without notice upon any rejection of charges or other failure to pay. Monthly Subscription payments are due on or before the monthly anniversary of the date you signed up. Access to the Platform (including, without limitation, coaching calls and events) will be revoked if payment is not received within thirty (30) days following the due date. NO REFUNDS WILL BE GIVEN.
2.4 Sales Offers and Promotions. Loan Atlas promotional offers and discounts may apply to Subscription purchases and other digital content sold by Loan Atlas. Such offers may be limited in time, and vary by subscriber and/or subscriber status; promotional offers are subject to change in our sole and absolute discretion. Special sales prices and promotions are no longer valid once they are changed or removed, or after any end date or time specified in the offer. The price applicable to your transaction will be the price that was in effect at the time of the transaction; no special sales prices or offers shall apply retroactively, nor shall they apply to any transaction that did not elect such special sales price or offer at the time of the initial transaction. After the promotional or discounted period expires, the Subscription automatically continues at the then current regular Loan Atlas price until canceled.
- OPENING USER ACCOUNT; LOGIN AND PASSWORD.
3.1 User Account. To open a user account, you must complete the registration process by providing Loan Atlas with current, complete, and accurate information as prompted by the registration form. In registering for the user account, you agree to submit accurate, current, and complete information, and to promptly update such information upon any change. Should Loan Atlas suspect that such information is untrue, inaccurate, not current or incomplete, Loan Atlas has the right to suspend or terminate your access to use the Platform. If Customer is an entity, Customer will restrict access to the Platform to employees of Customer or other third parties where the prior, written consent of Loan Atlas to such access has been obtained.
3.2 Login and Password. Upon registration, you will register a user name and personal password. You will be responsible for keeping your user name and password confidential. You will notify us immediately upon learning of any unauthorized use of your user name or password. Loan Atlas cannot and will not protect you from the unauthorized use of your user name or password. You will be responsible for all activities and charges incurred through the use of your user name or password, and any claims, liabilities, damages, losses, and costs (including reasonable attorneys’ fees) resulting from the unauthorized use of your user name or password.
- RIGHTS AND OWNERSHIP. The Platform is protected by intellectual property laws and Loan Atlas owns the right, title, and interest in and to the Platform. You do not own the Platform. Rather, you have a limited right to access and use the Platform pursuant to the terms in the Terms of Use. You and anyone acting on your behalf shall not: (a) modify, adapt, translate, reverse engineer, decompile, disassemble, derive source code, create derivative works based on, or copy the Platform, except as otherwise permitted by the terms of this Agreement, (b) rent, sublicense, loan, transfer, provide, display, distribute or grant any rights in the Platform, in any form, or (c) use the Platform for any purpose other than for the limited purpose set forth in the Terms of Use.
- LINKS TO THIRD PARTY SITES; THIRD PARTY INTERACTION.
5.1 The IP address that the Platform is hosted on may contain links to web sites controlled by parties other than Loan Atlas. Loan Atlas is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party web sites or any transactions completed through such sites. Loan Atlas is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Loan Atlas of the linked web site, notwithstanding the inclusion on such site of the trademarks of Loan Atlas or its respective third party vendors (“Third Party Providers“). It is your responsibility to take precautions to ensure that whatever materials you select for your use are sufficient for your purposes and are free of viruses or other items of a destructive nature.
5.2 Any materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by Loan Atlas. Loan Atlas does not provide, sell, license, or lease any of the materials other than those specifically identified as being provided by Loan Atlas. Any correspondence with, purchase of goods or services from, or participation in third party promotions of such Third Party Providers is solely between you and the applicable Third Party Provider.
- USER DATA.
6.1 Loan Atlas does not own any Data (as defined below) that you upload to any server using the Platform, unless we specifically tell you otherwise beforehand. For purposes of this Agreement, “Data” means information, data, text or other materials, whether publicly posted or privately transmitted. Loan Atlas will not monitor or disclose any information regarding you or your account, including any of your Data, without your prior permission except in accordance with the terms of this Agreement and the Terms of Use. Loan Atlas may access your account or Data to respond to support related issues.
6.2 You are responsible for all Data you upload using the Platform. Loan Atlas does not control the Data uploaded via the Platform and, as such, does not guarantee the accuracy, integrity or quality of such Data. Under no circumstances will Loan Atlas be liable in any way for any Data, including for any errors or omissions in any Data, or for any loss or damage of any kind incurred as a result of the loss of Data or the use of any Data uploaded or otherwise transmitted via the Platform. You agree that you must evaluate, and bear all risks associated with, the use of any Data, including any reliance on the accuracy, completeness, or usefulness of such Data. You also agree that it is your sole obligation to backup, maintain, export and/or make copies of the Data
6.3 Loan Atlas reserves the right to establish or modify general practices and limits concerning use of the Platform, including, without limitation, the maximum number of days that Data will be retained and the maximum disk space that will be allotted on Loan Atlas’s servers on your behalf.
- USER CONDUCT. You agree not to use the Platform to: (a) upload, post, e-mail or otherwise transmit any Data that (i) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, (ii) you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), (iii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or (iv) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, (b) impersonate any person or entity, including an Loan Atlas representative, or otherwise misrepresent your affiliation with a person or entity, (c) interfere with or disrupt servers or networks connected to the Platform, (d) intentionally or unintentionally violate any applicable local, state, national, or international law, (e) provide inaccurate, incomplete, outdated or misleading registration information, or (f) attempt to gain unauthorized access to the Platform, other users’ accounts or account information, or other computer systems, servers or networks connected to the Platform or any portion thereof.
- TERM AND TERMINATION. The term of this Agreement (i.e., your limited right to access and use the Platform) shall commence when you accept this Agreement and terminate when you are no longer a subscriber of the Platform. The following sections of this Agreement shall survive the termination of this Agreement for any reason: Section 2, Section 3.2, Section 4 (solely with respect to Loan Atlas’s ownership of the Platform) and Sections 7-12
- DISCLAIMER OF WARRANTIES. THE PLATFORM AND ANY OTHER SERVICES OFFERED BY LOAN ATLAS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH REGARD TO THE PLATFORM, LOAN ATLAS MAKES NO WARRANTY REGARDING USE OR PERFORMANCE, AND HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. LOAN ATLAS DOES NOT WARRANT WITH RESPECT TO THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE PLATFORM. LOAN ATLAS SHALL HAVE NO LIABILITY FOR ANY VIRUSES RELATED TO THE PLATFORM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LOAN ATLAS DOES NOT WARRANT THAT (A) THE PLATFORM WILL MEET YOUR REQUIREMENTS, (B) THE PLATFORM WILL OPERATE OR BE USABLE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEMS, OR DATA, (C) THE OPERATION OR USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, OR (D) ANY PROGRAM ERRORS WILL BE CORRECTED. YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE PLATFORM PROVIDES ACCURATE RESULTS OR IS SUFFICIENT FOR YOUR PURPOSES. LOAN ATLAS DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE PLATFORM, OR ANY SERVICES OR MATERIALS OFFERED BY LOAN ATLAS. YOU ARE SOLELY RESPONSIBLE FOR YOUR COMPLIANCE WITH AND SATISFACTION OF ANY APPLICABLE LAWS. THE PARTIES AGREE THAT LOAN ATLAS SHALL NOT HAVE ANY OBLIGATION TO BACKUP, MAINTAIN, EXPORT AND/OR MAKE COPIES OF ANY DATA, AND THAT LOAN ATLAS SHALL NOT HAVE ANY LIABILITY FOR ANY FAILURE TO BACKUP, MAINTAIN, EXPORT AND/OR MAKE COPIES OF SUCH DATA EVEN IF LOAN ATLAS PERFORMS BACKUPS OR OTHER SIMILAR PROCEDURES.
- LIMITATION OF LIABILITY. LOAN ATLAS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING OR DISTRIBUTING THE PLATFORM. IN NO EVENT SHALL LOAN ATLAS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER ARISING, INCLUDING, WITHOUT LIMITATION, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE PLATFORM, EVEN IF LOAN ATLAS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION, BACKUP, MAINTENANCE AND/OR EXPORT, OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE PLATFORM AND YOU WILL NOT MAKE A CLAIM AGAINST LOAN ATLAS FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, ERRORS, WORK DELAYS, LOST PROFITS, OR LOST OPPORTUNITIES RESULTING FROM THE USE OF THE PLATFORM OR THE LOSS OF DATA. LOAN ATLAS STRONGLY RECOMMENDS THAT YOU TAKE ALL APPROPRIATE STEPS NECESSARY TO BACKUP, MAINTAIN, EXPORT AND/OR MAKE COPIES OF THE DATA. WITHOUT DIMINISHING THE GENERALITY OF THE FOREGOING, IN NO CASE SHALL LOAN ATLAS’S LIABILITY TO YOU UNDER ANY CAUSE OF ACTION EXCEED THE TOTAL AMOUNT THAT YOU HAVE PAID TO LOAN ATLAS FOR THE PLATFORM DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CAUSE OF ACTION. THE LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND LOAN ATLAS. LOAN ATLAS WOULD NOT BE ABLE TO PROVIDE THE PLATFORM TO YOU UNDER THE TERMS OF THIS AGREEMENT WITHOUT SUCH LIMITATIONS.
- EXPORT CONTROLS. You shall comply with all export laws and restrictions and regulations of the United States or foreign agency or authority, and not export, or allow the export or re-export of the Platform in violation of any such restrictions, laws, or regulations. By using the Platform, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any restricted country or on any such list.
- GENERAL. The section headings in this Agreement are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of this Agreement. As used in this Agreement, the word “including” means “including but not limited to.” Loan Atlas shall not be liable for any failure to fulfill its obligations hereunder due to causes beyond its reasonable control, including acts or omissions of government or military authority, acts of God, disease, pandemics, acts of terrorism, shortages of materials, transportation delays, communication systems interruptions, power outages, earthquakes, fires, floods, weather, labor disturbances, riots, or war.