LENDERNICHE.COM Broker Account
Terms and Conditions
Terms of use have been modified as of 9/15/2005
By
using LENDERNICHE.COM, you agree to the following terms and conditions of use.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION:
Please see the Privacy Statement
for our policies with regard to your privacy and personal information.
MEMBER ACCOUNT, PASSWORD, AND SECURITY:
In order to become a member of LENDERNICHE.COM, you must complete the
registration process by providing us with complete and accurate information as
requested in our online registration form. After you have fully completed the
registration form, you will then choose a password and a member name. The
combination of the e-mail address and User Name you enter at registration form
a unique identifier for your account. If LENDERNICHE.COM does not recognize
your device from a previous sign in, you will be asked to enter the User Name on
file to help locate your account. It is your responsibility to maintain the
confidentiality of your password and account. You are entirely responsible for
any and all activities that occur under your account. You agree to notify LENDERNICHE.COM
immediately of any unauthorized use of your account. We are not liable for any
loss that you may incur as a result of someone else using your password or
account, either with or without your knowledge.
In connection with your membership to LenderNiche.com, you agree LenderNiche.com
has the right to email your first renewal notice to the email address we have
on file for your membership account and you consent to receive this email
renewal notice.
MODIFICATION OF THESE TERMS OF USE:
LENDERNICHE.COM may from time to time change the terms and conditions governing
the web site. It is important to regularly review these terms and conditions to
stay informed with regard to changes to the terms and conditions governing your
use of the web site. Your continued use of LENDERNICHE.COM constitutes your
agreement to all such terms and conditions.
PERSONAL AND NON-COMMERCIAL USE:
LENDERNICHE.COM is for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer, or sell
any information, software, products obtained from the LENDERNICHE.COM without
our prior written consent. However, you may inquire about obtaining written
permission from us to display or reproduce material from the site by writing support@lenderniche.com
LINKS TO THIRD PARTY SITES:
LENDERNICHE.COM may contain links to third party web sites. These linked sites
are not under the control of LENDERNICHE.COM and we are not liable for the
contents of any linked site.
SUBMISSIONS:
Unless otherwise stated, we will not review or consider any unsolicited
submissions to LENDERNICHE.COM. All submissions to LENDERNICHE.COM shall become
the property of LenderNiche LLC. No submission will be subject to any
reimbursement or other payment by us.
RESTRICTIONS ON USE:
As a condition of your use of LENDERNICHE.COM, you will not use the LENDERNICHE.COM
for any purpose that is unlawful or prohibited by these terms, conditions, and
notices. You may not use LENDERNICHE.COM in any manner which could damage,
disable, overburden, or impair any the LENDERNICHE.COM website or interfere
with any other party's use of the LENDERNICHE.COM website. You may not attempt
to gain unauthorized access to LENDERNICHE.COM, any related website, other
accounts, computer systems or networks connected to LENDERNICHE.COM, through
hacking, password mining or any other means. You may not obtain or attempt to
obtain any materials or information through any means not intentionally made
available through LENDERNICHE.COM. Your access to LENDERNICHE.COM may be
terminated immediately, without refund, with or without notice from LenderNiche.com,
if you fail to comply with any provisions of these terms and conditions.
LIABILITY DISCLAIMER:
LENDERNICHE LLC AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES AND SUPPLIERS MAKE
NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN
LENDERNICHE.COM FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND. LENDERNICHE LLC AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES AND
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU.
YOU SPECIFICALLY AGREE THAT LENDERNICHE LLC SHALL NOT BE RESPONSIBLE FOR
UNAUTHORIZED ACCESS TO OR ALTERATION OR INTERCEPTION OF YOUR PERSONAL
INFORMATION/DATA, TRANSMISSIONS OR OTHER DATA, ANY MATERIAL OR DATA SENT OR
RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A LENDERNICHE.COM.
YOU SPECIFICALLY AGREE THAT LENDERNICHE.COM IS NOT RESPONSIBLE FOR ANY CONTENT
SENT USING AND/OR INCLUDED IN LENDERNICHE.COM BY ANY THIRD PARTY. YOU FURTHER
AGREE THAT LENDERNICHE LLC AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES AND
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO LENDERNICHE.COM AND/OR MAY
DISCONTINUE ANY PART OF LENDERNICHE.COM AT ANY TIME.
IN NO EVENT SHALL LENDERNICHE LLC AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES
AND SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR UNAUTHORIZED ACCESS TO OR ALTERATION OR INTERCEPTION OF
YOUR PERSONAL INFORMATION/DATA, TRANSMISSIONS OR OTHER DATA, LOSS OF USE, DATA
OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE
OF LENDERNICHE.COM, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH LENDERNICHE.COM, OR OTHERWISE ARISING OUT OF
THE USE OF THE LENDERNICHE.COM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF LENDERNICHE LLC OR ANY OF ITS SUPPLIERS
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS
LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD
INAPPLICABLE OR UNFORCEABLE FOR ANY REASON, THEN LENDERNICHE LLC’S MAXIMUM
LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO YOUR MEMBERSHIP FEE.
SERVICE CONTACT:
You may e-mail your requests for customer service to support@lenderniche.com, or you may
call our
CANCELLATION:
You may cancel your membership to LENDERNICHE.COM by writing support@lenderniche.com. We will
return the full amount of your LENDERNICHE.COM membership fee within five
days (5) days of your account activation. Canceling your account after
five (5) days shall result in no refund of your membership fee.
LENDERNICHE.COM reserves the right to terminate your access to LENDERNICHE.COM
or any portion thereof for any reason, at any time, without notice. Upon such
termination, LENDERNICHE.COM shall return the unused pro-rata portion of your LENDERNICHE.COM
membership fee on a pro-rated basis, consummate to your length of membership,
to you within ninety (90) days of the termination of your access to LENDERNICHE.COM.
GENERAL:
These terms and conditions are governed by the laws of the State of