End User Agreement
IMPORTANT! PLEASE READ THIS END USER AGREEMENT (THIS “AGREEMENT”) CAREFULLY BEFORE YOU ACCESS THE LOAN ATLAS INC. (“LOAN ATLAS”) PLATFORM AND SUBSCRIPTION SERVICES. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU WILL NOT BE ALLOWED TO ACCESS THE PLATFORM. BY CLICKING “I ACCEPT” AT THE END OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS.
THIS AGREEMENT IS A CONTRACT BETWEEN YOU AND LOAN ATLAS. AS USED HEREIN, “WE,” “US,” AND “OUR” SHALL MEAN LOAN ATLAS; “YOU,” “CUSTOMER,” “USER,” AND “YOUR” SHALL MEAN THE INDIVIDUAL OR LEGAL ENTITY THAT REGISTERS FOR, ACCESSES, OR USES THE PLATFORM. ANY ACCESS OR USE OF THE PLATFORM BY YOU OR A THIRD PARTY ON YOUR BEHALF CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
Educational Content Disclaimer
The Loan Atlas provides educational content and resources for mortgage and lending professionals. All content, courses, coaching sessions, webinars, scripts, frameworks, tools, and other materials available through our platform are provided solely for educational and professional development purposes and do not constitute financial, legal, compliance, lending, regulatory, or professional advice of any kind.
You are solely responsible for: (a) independently verifying the accuracy, completeness, and applicability of any content to your specific circumstances; (b) ensuring your compliance with all applicable federal, state, and local laws, regulations, and professional licensing requirements governing the mortgage, lending, and financial services industries; and (c) consulting qualified legal, financial, or compliance professionals before implementing or acting on any information, strategy, or content obtained through our platform.
Loan Atlas makes no representations or warranties regarding the suitability of any content for any specific regulatory environment, business situation, or individual circumstance. Results described or implied by any course or coaching content represent individual experiences and are not guaranteed. Use of platform content in any professional or business context is entirely at your own risk.
1.0 Provision of the Platform
1.1 You are hereby granted a subscription to access the Platform (“Learning Website, Platform, and/or Services”) as a subscriber (the “Subscription”), and Loan Atlas shall use commercially reasonable efforts to make the Platform available to you. The Platform features to which you will have access are determined based on the type of subscription you have purchased. You agree not to circumvent any access limits.
Platform availability and availability of certain content and features are subject to variables not under our control, including the speed and availability of your broadband connection and your geographic location. Some Platform features may require installation of additional applications. Your access to the Platform may be terminated pursuant to the terms herein. Loan Atlas may determine to discontinue or modify the Platform for any reason. If Loan Atlas terminates the Platform, Loan Atlas will strive to provide reasonable prior notice via email, and may refund a prorated portion of any pre-paid fees depending on the scope of the discontinuance.
1.2 To access the Platform, you will be asked to provide certain information. It is a condition of your use of the Platform that all information you provide is correct, current, and complete. You agree that all information you provide to Loan Atlas is governed by the Privacy Policy, and you consent to all actions we take with respect to your information consistent with the Privacy Policy.
2.0 Subscription; Fees
2.1 Subscription Term. The initial term of the Subscription will be twelve (12) months. After the full satisfaction of such twelve (12)-month term, the Subscription will automatically renew in accordance with Sections 2.1a-c, 2.2 and 2.3.
- 2.1a Monthly Installment Plans: After the full satisfaction of the initial twelve (12)-month term, the Subscription will automatically roll into a month-to-month plan at the same rate as your first year monthly installments, unless cancelled by you in accordance with Sections 2.2 and 2.3.
- 2.1b Full Year Up Front Plans: After the full satisfaction of the initial twelve (12)-month term (and each successive twelve (12)-month term thereafter), your Subscription will automatically renew for another twelve (12)-month term unless updated to a month-to-month plan or cancelled by you in accordance with Sections 2.1c, 2.2 and 2.3. Paying the entire year up front retains your 16.67% discounted yearly rate and requires a 1-year subscription commitment.
- 2.1c Full Year Up Front Plan Month-to-Month Option: Full Year Up Front Plans will have the option to switch to a month-to-month plan at 1/10th of your yearly rate (example: Yearly rate $3,490; monthly price $349/mo). This option forgoes your 16.67% discounted yearly rate in favor of a month-to-month subscription in year 2 and beyond. If you do not opt into the monthly offer by ten (10) days prior to your subscription renewal date, your yearly subscription and discounted rate will auto-renew and NO REFUNDS WILL BE GIVEN.
2.2 Cancellation Policy — Initial and Successive Annual Terms (Full Year Up Front Members). If your subscription provides for auto-renewal, you authorize Loan Atlas, through its third party credit card processor, to charge you automatically for the renewal, unless you notify Loan Atlas that you want to disable annual auto-renewal. Loan Atlas will send you a renewal reminder notice to the email address on file before each annual renewal. To disable auto-renewal, you may do so directly through the billing page within your portal, or by emailing [email protected], no later than ten (10) days prior to your Subscription Renewal date.
By purchasing a subscription on an installment plan, you acknowledge that the total balance for the twelve (12)-month term is due regardless of early cancellation of future renewals. Cancelling future renewals will not cancel your current yearly contract and its remaining installments. You remain responsible for paying the full amount over the agreed period or at the time of cancellation. NO REFUNDS WILL BE GIVEN.
2.2b Cancellation Policy — Month-to-Month Members (Year 2+). If you are on a month-to-month subscription after completing your initial twelve (12)-month term, you may cancel at any time directly through the billing section of The Loan Atlas platform, or by emailing [email protected], no later than ten (10) days prior to your next Subscription payment date. Cancellations submitted fewer than ten (10) days before your next payment date will take effect after that payment is processed. NO REFUNDS WILL BE GIVEN for payments already processed.
2.3 Agreement to Pay. You agree to pay all applicable fees and charges associated with using the Website, Platform, and/or Services. All fees are nonrefundable and nonreturnable except as expressly provided in this Agreement or required by applicable law. You agree not to initiate a chargeback or payment dispute for charges made in accordance with this Agreement without first contacting Loan Atlas at [email protected] and allowing a reasonable opportunity to resolve the matter. In the case of any chargeback or payment dispute, you agree to cooperate in good faith, and Loan Atlas may provide documentation demonstrating that you fulfilled your installment obligations or that cancellation was or was not processed in compliance with Sections 2.2 and 2.3.
You agree to provide complete and accurate information to our third party credit card processor and to keep your billing information current. If your credit card fails, you remain responsible for paying the outstanding installment by alternative payment method. We may suspend your access to the Website, Platform, and/or Services without notice upon any rejection of charges or failure to pay. Access will remain suspended until the account is current. Monthly installment payments are due on or before the monthly anniversary of your sign-up date. Access to the Platform will be revoked if payment is not received within thirty (30) days following the due date. NO REFUNDS WILL BE GIVEN.
2.4 Non-Subscription Products. Loan Atlas may from time to time offer webinars, events, or other products at no charge. If Loan Atlas offers any paid non-subscription products in the future, such purchases will be non-refundable unless Loan Atlas cancels the applicable event or session, in which case a credit or refund will be provided. For questions regarding any purchase, contact [email protected].
2.5 Sales Offers and Promotions. 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 status. Promotional offers are subject to change in our sole discretion. Subscriptions will renew automatically at the discounted rate only if the discounted rate applied to the entire initial twelve (12)-month term and the account remains active and in good standing. If a subscription is cancelled before the end of the first term, the discount is also cancelled.
3.0 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. Should Loan Atlas suspect that any information is untrue, inaccurate, or incomplete, Loan Atlas has the right to suspend or terminate your access to the Platform.
3.2 Age Restriction. Our Services are not intended for and may not be used by individuals under eighteen (18) years of age. By registering for an account, you confirm that you are at least eighteen (18) years of age. Creating an account with false information is a violation of these Terms.
3.3 Login and Password. Upon registration, you will create a username and personal password. You are responsible for keeping your credentials confidential. You must not disclose your credentials to any other person or entity, except that authorized support staff of a paid subscriber may access the Platform using such subscriber’s credentials solely on behalf of and for the benefit of such subscriber. You agree to notify us immediately upon learning of any unauthorized use of your credentials. You will be responsible for all activities and charges incurred through the use of your username or password.
3.4 Notices and Messages. By registering, you consent to receive emails, texts, and telephone notifications from us. These communications may include notices about fees, transactional information, and other information concerning or related to the Services. You agree to keep your contact information up to date and to monitor your settings to ensure you receive our communications.
4.0 Rights and Ownership
The Platform is protected by intellectual property laws and Loan Atlas owns all right, title, and interest in and to the Platform. You do not own the Platform. You have a limited right to access and use the Platform pursuant to the terms in the Terms of Use and this Agreement.
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 this Agreement; (b) rent, sublicense, loan, transfer, display, distribute, or grant any rights in the Platform in any form; (c) copy, scrape, mine, or otherwise ingest the Services or content for the purpose of training, fine-tuning, augmenting, or evaluating any artificial intelligence or machine learning model, including custom GPTs or similar tools, without our prior express written consent; or (d) use automated systems, including bots, scrapers, or headless browsers, to access or interact with the Services.
5.0 Enterprise and Group Accounts
5.1 If you are purchasing or administering a subscription on behalf of a company, branch, or team (“Enterprise Account”), the following additional terms apply:
- The company purchasing the Enterprise Account shall designate an account administrator. The administrator is responsible for managing user access and seat assignments, ensuring that all users under the account comply with this Agreement and the Terms of Use, and maintaining accurate account information. Seat assignments and access decisions are controlled by the company through its designated administrator.
- Individual users added to an Enterprise Account are each bound by this Agreement. The administrator is responsible for ensuring each user has acknowledged and accepted the terms prior to accessing the Platform.
- All seat licenses are non-transferable between individuals except with prior written approval from Loan Atlas. Upon termination of an Enterprise Account relationship, access for all associated individual users will be terminated. Individual users who wish to continue their subscription independently must establish a new individual subscription at then-current pricing.
- Loan Atlas and the Enterprise Account holder may enter into a separate enterprise agreement governing specific terms such as seat counts, billing, data handling, and custom access. In the event of a conflict between that enterprise agreement and this End User Agreement, the enterprise agreement governs.
6.0 Links to Third Party Sites; Third Party Interaction
6.1 The Platform may contain links to websites or services controlled by parties other than Loan Atlas. Loan Atlas is not responsible for and does not endorse or accept any responsibility for the content or use of these third party websites or any transactions completed through such sites. It is your responsibility to ensure that any materials you select for use are appropriate for your purposes.
6.2 Materials provided by third party providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by Loan Atlas, and Loan Atlas is not responsible for such materials. Any correspondence with, purchase from, or participation in promotions of third party providers is solely between you and the applicable third party provider.
7.0 User Data
7.1 Loan Atlas does not own any Data that you upload, post, email, or transmit to any server using the Platform. “Data” means information, data, images, sounds, photographs, graphics, videos, messages, software, 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.
7.2 You are responsible for all Data you upload using the Platform. Loan Atlas does not control the Data uploaded via the Platform and does not guarantee the accuracy, integrity, or quality of such Data. Under no circumstances will Loan Atlas be liable for any Data or for any loss or damage incurred as a result of the use of any Data uploaded or transmitted via the Platform. You agree that it is your sole obligation to back up, maintain, export, and make copies of your Data.
7.3 Loan Atlas reserves the right to use and assign all information regarding User’s use of the Website, Platform, and/or Services in any manner consistent with the Privacy Policy. Data collection is primarily used for the Platform’s functionality, to serve users, and for performance measurement.
7.4 Loan Atlas reserves the right to establish or modify general practices and limits concerning use of the Platform, including the maximum number of days that Data will be retained and the maximum disk space allotted on Loan Atlas’s servers on your behalf.
7.5 Marketing Waiver. By using the Services, you grant Loan Atlas a perpetual, worldwide, royalty-free, and transferable license to use, reproduce, modify, adapt, publish, display, and distribute your name, likeness, testimonials, statements, and/or feedback (collectively, “Marketing Materials”) in connection with the marketing, promotion, and operation of the Services. You acknowledge and agree that: (1) such use may include video, text, screen capture, website content, social media, advertising campaigns, email marketing, case studies, digital materials, and printed materials; (2) Loan Atlas will not sell your personal information to third parties for unrelated marketing purposes; (3) you will not be entitled to compensation for the use of your Marketing Materials; and (4) you may revoke this consent at any time by providing written notice to Loan Atlas at [email protected], except that any use made prior to revocation will remain lawful.
8.0 User Conduct
8.1 You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Services and Materials. Loan Atlas reserves the right to investigate complaints or reported violations and to take any action we deem appropriate, including canceling your account and reporting suspected unlawful activity to law enforcement officials.
8.2 You agree not to use the Platform to: (a) upload or transmit any Data that is unlawful, harmful, threatening, defamatory, vulgar, obscene, invasive of another’s privacy, or otherwise objectionable; (b) harm minors in any way; (c) knowingly upload or transmit any material that contains software viruses or other harmful code; (d) transmit any unsolicited or unauthorized advertising, promotional materials, or spam; (e) interfere with or disrupt the Services or connected servers or networks; (f) violate any applicable local, state, national, or international law; (g) attempt to gain unauthorized access to the Services or connected systems; or (h) engage in any recruiting activity within The Loan Atlas platform.
The Loan Atlas maintains a zero-tolerance recruiting policy. Users, including Members, Faculty, and Corporate Account Leaders, shall not use their access to the platform, member information, or any influence derived from participation in The Loan Atlas to recruit, solicit, or induce any other member to leave their current employer, join another company, or explore employment opportunities. This prohibition includes soliciting members via community forums or private chat, soliciting during live coaching sessions, or compiling member information for purposes of solicitation. Users who own or are affiliated with mortgage companies may recruit outside the scope of the platform, but under no circumstances may such recruiting involve use of The Loan Atlas platform, its members, or its content.
8.3 Loan Atlas has the right to disable any account, username, password, or other identifier at any time in its sole discretion, including if, in Loan Atlas’s opinion, User has violated any provision of these Terms.
9.0 Term and Termination
The term of this Agreement commences when you accept this Agreement and terminates when you are no longer a subscriber of the Platform. The following sections shall survive termination: Section 2, Section 3.3, Section 4 (with respect to Loan Atlas’s ownership of the Platform), and Sections 7 through 12.
In the event that you breach any terms of this Agreement, Loan Atlas may suspend your access to the Services without notice. This Agreement shall terminate automatically, without notice, in the event that either party becomes insolvent, files for bankruptcy, or suffers appointment of a receiver or trustee for all or a substantial part of its assets. Loan Atlas further reserves the right to terminate this Agreement for any or no reason upon delivery of written notice to you. Upon termination, you must immediately cease using the Services and all rights granted to you hereunder shall immediately cease.
10.0 Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND ANY OTHER SERVICES OFFERED BY LOAN ATLAS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. LOAN ATLAS AND THE THIRD PARTY PROVIDERS DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. LOAN ATLAS DOES NOT WARRANT WITH RESPECT TO THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE PLATFORM AND/OR SERVICES.
11.0 Limitation of Liability
LOAN ATLAS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING TO, 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, REVENUE, PROFITS, USE, DATA, OR OTHER ECONOMIC ADVANTAGE, HOWEVER ARISING, 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. 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.
12.0 Indemnification
You shall indemnify, defend, and hold harmless Loan Atlas and its shareholders, directors, officers, employees, agents, and contractors from and against any and all claims, losses, liabilities, damages, expenses, and attorneys’ fees incurred in connection with: (a) your violation or infringement of any third party intellectual property rights; (b) your breach of any representation, warranty, or covenant in this Agreement; (c) your violation of any applicable laws or regulations; (d) your negligence, error, omission, willful misconduct, or use of the Services; (e) your Data or any third party information placed on your devices by you or used by you; or (f) any claim by a third party arising from your use of the Services or Third Party Websites.
13.0 Taxes
You shall be responsible for any taxes, including sales, use, excise, or similar taxes, imposed by any federal, state, municipal, or other governmental agency for the Services or your use of the Services (other than taxes on the income of Loan Atlas). You shall pay such taxes and indemnify and hold Loan Atlas harmless from any claims, assessments, or demands for payment of such taxes, and any interest and penalties thereon.
14.0 Export Controls
You shall comply with all export laws and restrictions and regulations of the United States or any 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.
15.0 General
Section headings in this Agreement are inserted for convenience of reference only and are not intended 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.
16.0 Independent Contractor
The parties acknowledge and agree that Loan Atlas is an independent contractor of User in connection with the provision of the Services. This Agreement shall not be deemed to create a partnership, joint venture, or any other agency relationship between the parties.
17.0 Assignability
This Agreement may not be assigned by either party without the prior written consent of the other party, except in connection with the sale of all or substantially all of the assets or ownership interests of the party making the assignment.
18.0 Choice of Law, Venue, and Attorneys’ Fees
This Agreement shall be governed by the laws of the State of California, without regard to its conflict-of-laws provisions. Except as provided in the Arbitration section below, the parties irrevocably submit to the exclusive jurisdiction of the courts of the State of California and any United States District Court situated in Ventura County, California. The prevailing party in any dispute arising under this Agreement shall be entitled to recover its reasonable attorneys’ fees and costs.
19.0 Arbitration
If a dispute arises out of this Agreement, the parties shall first attempt to resolve the dispute through good faith discussion and negotiation. If those attempts fail, the parties shall submit the dispute to binding arbitration in Ventura County, California. The arbitration shall be conducted by a single arbitrator engaged through JAMS, Inc. in accordance with its applicable rules, including, where applicable, the JAMS Consumer Arbitration Minimum Standards. The arbitrator shall have no authority to add parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable federal law and the laws of the State of California. Where the JAMS Consumer Arbitration Minimum Standards apply, your responsibility for arbitration fees and costs will be limited as provided in those standards, and Loan Atlas will bear the remaining JAMS fees and costs as required.
20.0 Class Action Waiver
By entering into this Agreement, you and Loan Atlas are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind. Claims and remedies sought as part of a class action or other representative proceeding are subject to arbitration only on an individual basis. Notwithstanding the foregoing, nothing in this Agreement waives, and the arbitrator may award, public injunctive relief to the extent such a waiver is prohibited under California law.
21.0 Waiver, Merger, and Force Majeure
All notices given under this Agreement shall be in writing. Failure by a party to require performance by the other party or to claim a breach shall not be construed as a waiver of any right. All waivers must be in writing and signed by an authorized representative of the party making the waiver. This Agreement is the entire agreement between the parties with respect to the Platform and supersedes and terminates all prior agreements on this subject. Loan Atlas’s obligations shall be excused without liability when prevented by strike, act of God, disease, pandemic, governmental action, accident, act of war, act of terrorism, or any other condition beyond its reasonable control.
22.0 Contact
If you have any questions about this Agreement or otherwise need to contact us, please reach us at:
The Loan Atlas, Inc.501 S. Reino Road #231
Newbury Park, CA 91320
Email: [email protected]