Terms of service

Welcome to Loanscape

Welcome to Loanscape, a SaaS platform operated by Loanscape, Inc. ("Loanscape," "we," "us," or "our"). By accessing or using Loanscape's platform, you agree to be bound by these Terms and Conditions and our Privacy Policy. These Terms apply to both Third Party Originators ("TPOs") who agree to be reviewed for information and documentation, and Lender Originators ("Lenders") who request access to that information.

Services

Loanscape provides a marketplace platform that enables TPOs to connect with Lenders smoothly and to apply to Lenders for review. TPOs facilitate company information and documentation submission for onboarding and ongoing experience. Lenders benefit from a lean program and an overview about their offerings on the platform.

Accounts

To access certain features of the platform, TPOs must register for an account. You agree to provide secure and complete information when creating an account, and to update your information as necessary to keep it current. If any primary TPO or Lender believes their information has been compromised, they shall notify Loanscape immediately via email at [email protected].

TPO Information Sharing

Loanscape does not share any TPO information with Lender TPOs choose to submit an application to. At the point of submission of the application to the TPO network, along with your consent, permission from the center is obtained for the selected Lender to view the information on the selected Lender only. Loanscape requires to use a written consent of each Lender TPO to share that information other relating an application to a TPO.

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 these pricing agreements will be provided at the beginning of the 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 Loanscape, Inc., 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:

• Modify, copy, or use the Services or modify any source or website or use or falsely imply that it is associated with the Service, Loanscape, or any other Loanscape provider.
• Reverse-engineer, decompile, or reverse-assemble or otherwise attempt to discover the source code or underlying ideas or algorithms of any part of the Service.
• Access the Service in order to build a competitive product or service.
• Copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
• Use the Service in any manner that could disable, overburden, or impair the Service or interfere with any other party's use or enjoyment of the Service.

Termination and Suspension

Loanscape has the right to modify or discontinue the platform and features, suspend or terminate the service, at any time in its sole discretion and without offering any account access or prior Loanscape consent. Loanscape reserves the right to not waive any account that has been inactive for any period of time and to terminate its Conditions.

Warranty Disclaimers

The services are provided "as is" without warranty of any kind, without limitation to ongoing operation. Loanscape explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, error, infringement, and any warranties that may be 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

In no event shall Loanscape, its affiliate companies, employee partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from your access or use of, or inability to access or use the service; any unauthorized access or use of the platform or any content obtained from the platform; or any statements or conduct of any third party on the platform.

Dispute Resolution

The parties commit to resolve any disputes, claims, or controversies arising out of or related to this Agreement through binding arbitration conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The decision rendered by the arbitrator shall be final and binding, and may be entered as a judgment in any court with appropriate jurisdiction. The parties reserve the right to seek equitable injunctive relief as necessary.

Indemnification

You agree to defend, indemnify, and hold harmless Loanscape, 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 attorneys' fees), resulting from or arising out of your use and access of the platform, or any person using your account as a result of these Terms and 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 acts of God, acts of civil or military authority, fires, floods, earthquakes, riots, wars, freight embargoes, or acts of government.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Arizona, without regard to its conflict of law provisions.

Contact Us

If you have any questions about these Terms, please contact us at [email protected].