Terms of Use
These Terms of Use (“Terms” or “Agreement”) are a legal agreement between you and The Loan Atlas, Inc., a California corporation (“Loan Atlas,” “we,” “our,” or “us”) and govern your use of all text, data, content, information, software, graphics, images, and other materials that we make available to you (collectively, “Materials”), including our website, and any content, services, software, resources, or other tools provided through our website (the “Website,” and together with the Materials, the “Services”).
All Services are intended for lawful use only. You are responsible for knowing your local, state, and federal laws regarding the use of the Services. You agree that Loan Atlas shall not be responsible for any liability arising from any alleged unlawful use of the Services.
“Users” are people who visit the Website, use free products or services offered by Loan Atlas, or purchase products or services including subscriptions. Users may be referred to herein as “you.”
PLEASE READ THESE TERMS CAREFULLY BEFORE BROWSING THE WEBSITE. USING THE SERVICES INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THE SERVICES IF YOU DO NOT ACCEPT THESE TERMS. THESE TERMS CONTAIN A DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND INDEMNIFICATION PROVISIONS THAT AFFECT YOUR RIGHTS.
Educational Content Disclaimer
The Loan Atlas provides educational content and resources intended for informational and professional development purposes only. All content, courses, coaching sessions, webinars, scripts, frameworks, tools, and other materials available through our platform are provided solely for educational purposes and do not constitute financial, legal, compliance, lending, regulatory, or professional advice of any kind.
Users are solely responsible for: (a) independently verifying the accuracy, completeness, and applicability of any content to their specific circumstances; (b) ensuring their 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 the User’s own risk.
Changes to These Terms or the Website
Loan Atlas reserves the right, in its sole discretion, to change or update these Terms from time to time with immediate effect. It is the User’s responsibility to review these Terms regularly for any changes or updates. Any materials on the Website may be out of date at any time, and Loan Atlas is under no obligation to update such materials.
Scope
The Services facilitate Users’ access to online educational resources and content for the mortgage loan industry. You may access and use the Services only in accordance with these Terms and the End User Agreement for paid services, which is accepted prior to purchase. When using the Services, you are subject to any applicable agreements, policies, or guidelines that may be posted from time to time, including the Privacy Policy, all of which are incorporated herein by reference.
Purpose
You may use the Services for your individual professional development purposes, unless specifically designated otherwise by these Terms or Loan Atlas, and not for the purposes of distribution or resale. Subject to these Terms, we grant you a limited, revocable, personal, non-exclusive, and non-transferable right to access and use the Services. For corporate clients, this right extends to your authorized end users to the extent applicable. You have no other rights in the Services and shall not use the Services for any purposes beyond the scope of the access granted in this Agreement.
Our Services are not intended for and may not be used by individuals under eighteen (18) years of age. By accessing the Website or registering for an account, you confirm that you are at least eighteen (18) years of age.
Notices and Messages
By using the Services, you consent to receive emails, texts, and telephone notifications from us. These communications may include notices about applicable fees and charges, transactional information, and other information concerning or related to the Services. These communications are part of your relationship with us.
SMS Communications and Consent: By providing your mobile phone number and opting in to receive communications from Loan Atlas, you expressly consent to receive recurring SMS messages from Loan Atlas, including transactional messages, account notifications, and marketing communications. Message frequency may vary. Message and data rates may apply. You may opt out at any time by replying STOP to any message you receive. For assistance, reply HELP or contact us at [email protected]. Your consent to receive SMS messages is not a condition of purchasing any goods or services. Loan Atlas does not share SMS opt-in data or consent with third parties for marketing purposes.
Legal Compliance
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 of these Terms and to take any action we deem appropriate, including canceling your account, reporting suspected unlawful activity to law enforcement, and disclosing any information necessary or appropriate to such persons or entities. You agree to promptly notify Loan Atlas if you become aware of any unauthorized or unlawful use of the Services.
Ownership of Intellectual Property
The Services, including the Website, Materials, and any updates, modifications, or improvements to the Services, are owned exclusively by Loan Atlas. User shall have no rights in the Services except as explicitly stated in this Agreement and the End User Agreement. Elements of the Services and Materials are protected by copyright, trademark, and other intellectual property laws and may not be used, copied, or imitated in whole or in part except as provided in this Agreement.
No Materials may be copied or retransmitted unless expressly permitted by Loan Atlas or this Agreement; provided that Users may use, modify, and reproduce marketing-related Materials and other designated resources (such as downloadable forms, checklists, worksheets, and presentations), as designated by Loan Atlas in its sole discretion, solely in connection with such User’s individual professional use of the Services.
Links to Third Party Services and Sites
The Services may contain links to or enable access to third party information, services, and websites (“Third Party Websites”) controlled by parties other than Loan Atlas. Loan Atlas is not responsible for and does not endorse or accept any responsibility for the content, use, or transactions completed through Third Party Websites. Any links are provided only as a convenience and do not imply endorsement by Loan Atlas.
Use of Materials
All Materials are provided either by Loan Atlas or by its third party agents, authors, developers, creators, contributors, licensors, and vendors (collectively, “Third Party Providers”) and are the copyrighted work of Loan Atlas and/or its Third Party Providers. 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.
Attribution and Watermarking
Content issued through the Services may include visible and invisible watermarks tied to your account. You consent to the use of these watermarks for security, fraud prevention, and enforcement purposes. Any attempt to remove, obscure, or alter such watermarks is strictly prohibited.
Services Use Restrictions
User shall not:
- Modify, adapt, translate, reverse engineer, decompile, disassemble, derive source code, create derivative works based on, or copy the Services or accompanying documentation.
- Rent, sublicense, loan, transfer, display, distribute, or grant any rights in the Services in any form.
- Use the Services for any purpose other than to support User’s permitted individual professional use.
- Use any third-party computer software or Materials provided with or incorporated in the Services as standalone applications.
- Remove any proprietary notices, labels, or marks in or on the Services or Materials.
- Use, copy, modify, or transfer the Services or Materials or any copy, in whole or in part, except as expressly provided in this Agreement.
- Knowingly use the Services or Materials in any manner that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
- 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.
- Use automated systems, including bots, scrapers, or headless browsers, to access or interact with the Services without prior written approval.
User Account and Security
To access the Website or certain resources, you may be asked to provide certain information. It is a condition of your use of the Website 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.
User Data
User shall be responsible for all information, data, images, sounds, photographs, graphics, videos, messages, software, or other materials (collectively, “Data”) that User uploads, posts, emails, or transmits via the Website and Services. Loan Atlas does not control the Data posted via the Services and does not guarantee the accuracy, integrity, or quality of such Data. Under no circumstances shall Loan Atlas be liable 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 use of any Data posted, emailed, or otherwise transmitted via the Services.
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:
- Such use may include video, text, screen capture, website content, social media, advertising campaigns, email marketing, case studies, digital materials, and printed materials.
- Loan Atlas will not sell your personal information to third parties for unrelated marketing purposes.
- You will not be entitled to compensation for the use of your Marketing Materials.
- 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.
Termination
In the event that User breaches any terms of this Agreement, Loan Atlas may suspend User’s access to the Website and 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 User. Upon termination, User must immediately cease using the Services, and all rights granted to User hereunder shall immediately cease.
Remedies
If you violate these Terms, Loan Atlas may, without limiting other available remedies: (a) revoke or suspend your access to the Services; (b) retain any fees already paid; and (c) pursue damages, injunctive relief, and recovery of all costs and expenses, including reasonable attorneys’ fees.
Disclaimer of Warranties
USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICES IS AT USER’S SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. LOAN ATLAS AND THE THIRD PARTY PROVIDERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES AND MATERIALS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LOAN ATLAS DOES NOT WARRANT AGAINST ANY LOSS OF DATA OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LOAN ATLAS OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LOAN ATLAS BE LIABLE FOR ANY PERSONAL INJURY, OR ANY INCIDENTAL, PUNITIVE, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO USER’S USE OF OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY. IN NO EVENT SHALL LOAN ATLAS’S TOTAL LIABILITY TO USER FOR ALL DAMAGES EXCEED THE AMOUNT OF FEES PAID BY USER TO LOAN ATLAS IN THE THREE (3)-MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE OF THE APPLICABLE BREACH.
Indemnification
User 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) User’s violation or infringement of any third party intellectual property rights; (b) User’s breach of any representation, warranty, or covenant in this Agreement; (c) User’s violation of any applicable laws or regulations; (d) User’s negligence, error, omission, willful misconduct, or use of the Services; or (e) any claim by a third party arising from User’s use of the Services.
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.
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.
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 for the purpose of construing and enforcing this Agreement. The prevailing party in any dispute arising out of or relating to this Agreement shall be entitled to recover its reasonable attorneys’ fees and costs.
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 then 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. Nothing in this Agreement waives, and the arbitrator may award, public injunctive relief to the extent such a waiver is prohibited under California law.
Contact
If you have any questions about these Terms, please contact us:
The Loan Atlas, Inc.501 S. Reino Road #231
Newbury Park, CA 91320
Email: [email protected]