NOTICE: THIS IS A CONTRACT BINDING YOU TO THE TERMS CONTAINED HEREIN. BY MANIFESTING YOUR ASSENT TO THIS CONTRACT (WHETHER BY ESTABLISHING AN ACCOUNT, AFFIRMATIVELY CLICKING ON THE “I AGREE” BUTTON BELOW, OR BY OTHERWISE ACCESSING OR UTILIZING THE LENDINGPAD SERVICES OFFERED BY LENDINGPAD CORP THROUGH THE LENDINGPAD.COM WEBSITE) YOU ACCEPT AND AGREE TO THE OBLIGATIONS CREATED BY THIS CONTRACTUAL AGREEMENT IN THEIR ENTIRETY. YOU FURTHER ACKNOWLEDGE AND RECOGNIZE THAT THIS AGREEMENT IS BASED UPON GOOD AND VALUABLE CONSIDERATION AND YOU HEREBY ACKNOWLEDGE THE RECEIPT AND SUFFICIENCY OF THAT CONSIDERATION. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT UTILIZE THESE SERVICES.
This Contract is entered into between LendingPad Corp. (“LendingPad,” “us,” “we,” “our” or “ours”), which has its principal place of business at 7901 Jones Branch Dr Ste 810, McLean, Virginia, 22101, and you (“Customer,” “you,” “your,” or “yours”), as the recipient or user of services rendered through our web-based loan-origination system (LOS) / platform available at www.lendingpad.com (collectively, the “Parties”). If you purport to be acting on behalf of any other person, company, or entity, you hereby warrant and affirm that you have the actual authority to so act for that person, company, or entity, and agree to assume all responsibilities created by this Agreement if the person, company, or entity you purport to represent disclaims your representation or is found to have not acted through your actions. Capitalized terms used in this Agreement have the meaning provided in the Definitions section of this Agreement.
You may not alter, supplement, or amend this Agreement unless we agree in a written agreement signed by both you and a duly authorized representative of LendingPad. Any attempt by you to alter, supplement, or amend this Agreement other than through a signed, written agreement (as described above) is invalid. If you do not agree to the terms of this Agreement, you may not utilize our services. Therefore, as set forth in this Agreement, the Parties agree as follows:
The provisions of this section shall survive the expiration or termination of this Agreement.
YOU AGREE THAT ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE LENDINGPAD SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS HEREBY AGREED TO BE WAIVED AND PERMANENTLY BARRED.
If any portion, provision, or term of this Agreement is determined to be unenforceable, illegal, or invalid, that portion, provision, or term will be excluded from this Agreement to the extent it is unenforceable, illegal, or invalid. The remainder of this Agreement shall continue and remain in effect provided that the exclusion of any term does not materially change or frustrate (1) the intent of the Parties or (2) the economic substance of this Agreement between the Parties.
“Access Credentials” means any username, identification number, password, license or security key, security token, PIN or other security code, method, technology, or device used, alone or in combination, to verify an individual’s identity and authorization to access and use the LendingPad Services.
“Agreement” means this Terms of Service contract between the Parties.
“Authorized User” means an individual who has agreed to this Agreement and who is authorized by LendingPad to utilize its LendingPad services pursuant to a purchase from a Customer.
“Borrowers” means Customers or Users of the LendingPad service who wish to obtain from Lenders information regarding loan options or packages, or other services, being offered by Lenders.
“Contract” has the same meaning as “Agreement.”
“Confidential Information” means any and all trade secrets, business and financial information, and other proprietary information or data disclosed between LendingPad and Customer, or incorporated in materials or products provided by or to Customer through the LendingPad services.
“Customer” means either (1) an individual who has agreed to this Agreement and is utilizing LendingPad’s services for individual purposes and not for business purposes, or (2) a Person who has agreed to this Agreement and is utilizing LendingPad’s loan origination services for business purposes, for purposes relating to generating profit, or for any purpose other than non-business personal use.
“Customer Data” means, other than Resultant Data, information, data and other content, in any form or medium, including Customer-provided Confidential Information, that is collected, downloaded or otherwise received, directly or indirectly from Customer or an Authorized User by or through the Services or that incorporates or is derived from the Processing of such information, data or content by or through the Services.
“Customer Systems” means the Customer’s information technology infrastructure, including computers, software, hardware, databases, electronic systems (including database management systems) and networks, whether operated directly by Customer or through the use of third-party services.
“De-Identified” means to be processed or rendered in such a manner as to remove personal identifiable information such that the information cannot be used to identify an individual.
“Documentation” means any manuals, instructions or other documents or materials that the LendingPad provides or makes available to Customer in any form or medium and which describe the functionality, components, features or requirements of the Lendingpad Services or Provider Materials, including any aspect of the installation, configuration, integration, operation, use, support or maintenance thereof.
“Intellectual Property Rights” means any and all registered and unregistered rights granted, applied for or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world.
“Law” means any statute, law, ordinance, regulation, rule, code, order, constitution, treaty, common law, judgment, decree or other requirement of any federal, state, local or foreign government or political subdivision thereof, or any arbitrator, court or tribunal of competent jurisdiction.
“Lenders” means Customers or Users of the LendingPad service who wish to offer to Borrowers information regarding loan options or packages, or other services, being offered by Lenders.
“Losses” means any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs or expenses of whatever kind, including reasonable attorneys’ fees and the costs of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers.
“Parties” means the parties to this Agreement.
“Person” means an individual, corporation, partnership, joint venture, limited liability entity, governmental authority, unincorporated organization, trust, association or other entity.
“Personal Information” means any information that does or can identify a specific individual or by or from which a specific individual may be identified, contacted or located. Personal Information includes all “nonpublic personal information” as defined under the Gramm-Leach-Bliley Act, “protected health information” as defined under the Health and Insurance Portability and Accountability Act of 1996, “Personal Data” as defined in the EU Data Protection Directive (Directive 95/46/EEC), ”Personal Information” as defined under the Children’s Online Privacy Protection Act of 1998, and all rules and regulations issued under any of the foregoing.
“Provider Materials” means the Service Software, Specifications, Documentation and Provider Systems and any and all other information, data, documents, materials, works and other content, devices, methods, processes, hardware, software and other technologies and inventions, including any deliverables, technical or functional descriptions, requirements, plans or reports, that are provided or used by LendingPad or any Subcontractor in connection with the Services or otherwise comprise or relate to the Services or Provider Systems. For the avoidance of doubt, Provider Materials include Resultant Data and any information, data or other content derived from LendingPad’s monitoring of Customer’s access to or use of the Services, but do not include Customer Data.
“Provider Systems” means the information technology infrastructure used by or on behalf of LendingPad in performing the Services, including all computers, software, hardware, databases, electronic systems (including database management systems) and networks, whether operated directly by LendingPad or through the use of third-party services.
“Representatives” means, with respect to a party, that party’s, and its affiliates’, employees, officers, directors, consultants, agents, independent contractors, service providers, sublicensees, subcontractors and legal advisors.
“Resultant Data” means information, data and other content that is derived by or through the Services from Processing Customer Data and is sufficiently different from such Customer Data that such Customer Data cannot be reverse engineered or otherwise identified from the inspection, analysis or further Processing of such information, data or content.
“Service Software” means LendingPad’s software application or applications and any third-party or other software, and all new versions, updates, revisions, improvements and modifications of the foregoing, that LendingPad provides remote access to and use of as part of the Services.
“Services” means the LendingPad software, program, website, application(s), functionality, or operations available through the LendingPad website or any other remotely accessible application or process.
“Software” means LendingPad’s proprietary computer program underlying its LendingPad Services.
“Subscriber Areas” means the LendingPad Services and/or those portions of the LendingPad website that only Authorized Users may utilize and which require the use of Access Credentials to access.
“Specifications” means the specifications for the Services set forth in the account types or edition-type descriptions provided for each on the LendingPad website and, to the extent consistent with and not limiting of the foregoing, any other Statements of Work or documentation associated therewith.
“Terms of Service” means this Terms of Service contract, as updated from time to time and posted on the LendingPad website.
“Term” means the Initial Term and any Renewal Term.
“User” means an Authorized User of the LendingPad Services.