Service Agreement (EULA)
This Service Agreement or End User License Agreement (EULA) pertains to all products (called the Software or Service or Application in this Agreement) downloaded, used or obtained in other ways and containing associated media, printed materials and electronic documentation. Read the terms and conditions of this agreement before registering, installing, or otherwise using Captaloans. Captaloans is a web based service wholly owned by Interactive Ideas, Inc. This EULA is a legal agreement between you (an End User or End Users) and Interactive Ideas, Inc., a California corporation (Interactive Ideas). By clicking I agree, installing, copying, or otherwise using any part of the Software, any associated media, any printed materials, or any "online" or electronic documentation, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, please discontinue use of the software and the Interactive Ideas, Inc. family of websites.
To obtain and use the Services, you will be required to register with Captaloans by completing a registration form and designating a user ID and password. When registering with Captaloans you agree to: (a) provide true, accurate, current and complete information about yourself and your company.
You are responsible for maintaining the confidentiality of the user ID and password, and are fully responsible for all activities that occur under your user ID or password. Captaloans cannot be liable for any loss or damage arising from any unauthorized use of your account.
A. USER CONDUCT/ACCEPTABLE USE POLICY.
To the extent that the Services provide Users an opportunity to store and exchange information and files (“User Content”), you hereby represent and warrant that you have all necessary rights in and to all User Content you provide and all information contained therein. You continue to retain all ownership rights to any User Content you provide and shall remain solely responsible for your conduct, User Content, and any material or information transmitted to other Users for interaction with other Users. Captaloans does not claim any ownership rights in any User Content.
Content posted by Users are not reviewed by Captaloans. It is your responsibility to ensure your files are free of harmful viruses or copyrighted material. Captaloans shall have the right, but not the obligation to reject content that is deemed harmful or potentially dangerous. In addition, Captaloans has the right to remove any content if Captaloans has reason to believe that displaying such content may infringe the rights of a third party or subject Captaloans to expense or liability.
B. FILE UPLOAD.
Captaloans does not inspect any files you upload in the lead management, loan, mortgage pipeline, or loan modification sections. It is your responsibility to ensure all files uploaded by you are free from viruses or other harmful code. If you make your files available to be downloaded by your mortgage customers, attorneys, loan processors, affiliates, or other 3rd parties you assume all responsibility. You acknowledge and agree that Captaloans shall not assume or have any liability for any action or inaction by Captaloans with respect to any User Content.
C. PLAY NICE POLICY.
Captaloans reserves the right to terminate your access to and use of the Site and Services if, in our view, your conduct fails to meet any of the following guidelines for User conduct:
1. You may not attempt to harm, disrupt, or otherwise engage in activity that diminishes, the Captaloans Site, computer systems and network, or the Services.
2. You may not attempt to interfere with any other person’s use of the Services.
3. You may not misrepresent your identity or impersonate any person.
4. You may not attempt to gain access to any account or networks related to the Services without authorization.
5. You may not use the Service to make available any material protected by intellectual property laws unless you own or control the rights to such material.
6. You may not use the Services to make available any material that contains viruses, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of another’s computer or property.
7. You may not use the Services to download any material sent by another User of the Services that you know, or reasonably should know, cannot be legally distributed in such manner.
8. You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by Captaloans in connection with the Captaloans Site or Services.
9. You may not use the Services in a manner that results in excessive bandwidth usage, as determined by a representative of Captaloans.
You acknowledge and agree that Captaloans shall not assume or have any liability for any action or inaction by Captaloans with respect to any User Content. Users shall remain solely responsible for User Content, and any material or information transmitted to other Users for interaction with other Users.
Captaloans may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in its Site that are part of the Services. Unless we have granted you licenses to our intellectual property in these terms and conditions, our providing you with such Web pages does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.
E. THIRD PARTY ACCESS.
Captaloans permits the use of third party or ‘guest’ account access to view loan status. By utilizing this feature you assume responsibility for the guests you enable and the content you make available to these guests.
F. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Captaloans respects copyright law and expects Users to do the same. Captaloans expressly prohibits the use of its Services for the illegal transmission of copyrighted material, and will respond if notified by content owners to disable copyrighted material from being transmitted via its Services. In addition, Captaloans may disable individual accounts if these accounts are found to be illegally transferring copyrighted material.
G. THIRD PARTY CONTENT, SITES AND SERVICES.
All transactions using Captaloans’ services are between the transacting parties only. The Services may contain features and functionalities linking you or providing you with certain functionality and access to third party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. We may also provide some content to you as part of the Services. However, Captaloans is not an agent of any transacting party, nor or we a direct party in any such transaction. Any such activities, and any terms associated with such activities, are solely between you and the applicable third-party. Similarly, we are not responsible for any third party content you access with the Services, and you irrevocably waive any claim against us with respect to such sites and third-party content. Captaloans shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party related to the Services, including the delivery of and payment for goods and services. Should you have any problems resulting from your use of any third party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, we will not be responsible unless the problem was the direct result of our breaches.
I. CAPTALOANS MAKES NO WARRANTIES.
Captaloans goes to great lengths to ensure the reliability of our systems and the integrity of your data. Under no circumstances will Captaloans be held accountable for any loss of customer data. By becoming a Captaloans user you, the customer, acknowledge that you forfeit the right to hold Captaloans accountable for any and all technical errors, including loss of user files (customer data).
Captaloans intends for the information contained on its Site and Services to be accurate and reliable; however, errors sometimes may occur. In addition, Captaloans may make changes and improvements to the information provided herein at any time. Captaloans provides its site and services “as is,” “with all faults” and “as available,” and the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. To the maximum extent permitted by applicable law, Captaloans, its affiliates, resellers, distributors, service providers and/or suppliers (each, a “captaloans party,” and collectively, the “captaloans parties”) make no representations, warranties or conditions, express or implied.
J. CHANGES TO SERVICE.
We may change the software and service or delete features at any time and for any reason. Without limiting the general nature of sections the captaloans parties are not responsible or liable for (1) any content, including without limitation, any infringing, inaccurate, obscene, indecent, threatening, offensive, defamatory, tortuous, or illegal content, or (2) any third party conduct, transmissions or data. In addition, Captaloans is not responsible or liable for (1) any viruses or other disabling features that affect your access to or use of the software and services, (2) any incompatibility between the software and services and other web sites, services, software and hardware, (3) any delays or failures you may experience in initiating, conducting or completing any transmissions or transactions in connection with the software and services in an accurate or timely manner, or (4) any damages or costs of any type arising out of or in any way connected with your use of any software and services available from third parties through links. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above exclusions and limitations may not apply to you.
You agree to indemnify, defend and hold harmless, Captaloans, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers, to and from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement by you. Captaloans reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Captaloans in asserting any available defenses.
L. TERMINATION OF SERVICE.
You may terminate your user account upon notice to Captaloans at any time. Termination requests must be received in writing or via email sent to firstname.lastname@example.org. Only the owner of the account my request termination. The owner is of the account is the person who has the credit card on file. Prior to termination you should download all needed data. After termination you may request your data, which Captaloans will make available for a fee. You must make such request within ten (10) days of termination. Otherwise, ANY DATA YOU HAVE STORED ON CAPTALOANS’ SYSTEMS MAY NOT BE RETRIEVED, and Captaloans shall have no obligation to maintain any data stored in your account or to forward any data to you or any third party.
M. PAYMENT OF FEES; AUTOMATIC RENEWAL.
The fees applicable for Captaloans service are available at www.Captaloans.com and as published within the Services. Captaloans reserves the right to change the Fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which may be sent by email to the address you have most recently provided us). Captaloans bills for services at the end of your billing cycle.
Payments for all accounts are due immediately upon billing. If the credit card on file fails or payment is not received by the close of your billing date your account will be made inaccessible. The owner of the account may contact Captaloans within five (5) days of inactivation failure to request their account be reactivated. Failure to notify Captaloans within five (5) days will cause your account to be considered abandoned and your data will be purged. All account reactivations will be subject to a $19.00 administrative reactivation fee. Upon reactivation the owner of the account retains the responsibility for updating the credit card and billing information immediately to allow Captaloans to settle all outstanding balances. If a second billing attempt fails the account will be considered abandoned and the data purged.