Loanscape Terms and Conditions
Welcome to Loanscape, a SaaS platform operated by Mortgage Tech Solutions LLC ("Loanscape", "we", "us", or "our"). By accessing or using our platform, you agree to be bound by these Terms and Conditions and our Privacy Policy. These Terms apply to both Third Party Originators ("TPOs") and lenders using our platform. If you do not agree to these Terms, please do not use our platform.
Services
Loanscape provides a marketplace platform that enables TPOs to connect with, share info with, and apply to lenders. The platform allows TPOs to share company information and documentation with lenders for onboarding purposes. Lenders can list their loan programs and information on the platform.
Accounts
To access certain features of the platform, TPOs must register for an account. You agree to provide accurate and complete information when creating an account, and to update your information as necessary to keep it current. If any user (from any TPO or lender) believes their email to be compromised, they shall notify loanscape immediately via email at [email protected].
TPO Information Sharing
Loanscape does not share any TPO information unless the TPO chooses to start an application with a lender on our platform. At that point, all information in the TPO's profile, along with any documentation from their profile, is shared with the selected lender. Loanscape will share lender information from company profile but all other data is kept private.
Pricing and Lender Agreements
Use of the Loanscape platform is free for TPOs. Lenders will pay for platform access based on separate pricing agreements. The specific terms of lender pricing agreements are independent of these Terms and Conditions.
Intellectual Property
The Loanscape platform and all content and features, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by Mortgage Tech Solutions LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Limitations on Use
You may not (a) modify, adapt, or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Loanscape, or any other Loanscape service; (b) reverse engineer, decompile, reverse assemble or otherwise attempt to discover the source code or underlying ideas or algorithms of any part of the Service; (c) access the Service in order to build a competitive product or service; (d) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder; or (e) use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service.
Termination and Suspension
Loanscape has the right (a) to deny service, or access to the platform, to anyone for any reason at any time; (b) to alter product and services offerings, and (c) to suspend or stop the platform, at any time. Loanscape reserves the right to terminate any TPO account that we believe to be in violation of any laws or these Terms and Conditions.
Warranty Disclaimers
The platform and services are provided "as is," without warranty of any kind. Without limiting the foregoing, Loanscape explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Loanscape makes no warranty that the platform or services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
Limitation of Liability
To the maximum extent permitted by law, in no event shall Loanscape (Mortgage Tech Solutions LLC), its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the platform; (ii) any conduct or content of any third party on the platform; (iii) any content obtained from the platform; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Dispute Resolution
The parties commit to resolving any disputes, disagreements, or claims connected to this Agreement by first engaging in negotiations led by their senior management. Should these negotiations fail to reach a satisfactory resolution within twenty (20) business days from the date one party notifies the other of the grievance (or within another mutually agreed period), the parties agree to escalate the matter to binding arbitration. This arbitration, to be held in Phoenix, Arizona, will adhere to the commercial arbitration rules set by the American Arbitration Association. The decision made by the arbitrator can be enforced in any court with the appropriate authority. This clause does not apply to cases where a party seeks injunctive relief as a remedy.
Indemnification
You agree to defend, indemnify, and hold harmless Loanscape (Mortgage Tech Solutions LLC), its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Platform, by you or any person using your account; b) a breach of these Terms, or c) Content posted on the Platform.
Force Majeure
Neither party shall be liable to the other for any delay or failure in performance under these Terms and Conditions arising out of a cause beyond their control and without their fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
Waiver
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Entire Agreement
These Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and Loanscape with respect to the platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the platform.
Governing Law
These terms shall be governed and construed in accordance with the laws of Arizona, without regard to its conflict of law provisions.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Contact Us
If you have any questions about these Terms, please contact us at [email protected].