Terms and Conditions
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
The EZLoandocs Service ("Service") owned and operated by EZLoandocs.
("EZLoandocs"), is provided to you ("Member") under
the terms and conditions of this EZLoandocs Terms of Service (TOS) and
any operating rules or policies that may be published by EZLoandocs. The
TOS comprises the entire agreement between Member and EZLoandocs and supersedes
all prior agreements between the parties regarding the subject matter
contained herein. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING
THE "I agree to the terms and conditions" BUTTON, YOU ARE INDICATING
YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE TOS.
2. DESCRIPTION OF SERVICE EZLoandocs is providing Member with a capability
to send and receive borrower loan information ("information")
via the World Wide Web and on EZLoandocs's own system. The Member will
be required to pay for service to maintain it on an ongoing basis. EZLoandocs
reserves the right to change service pricing at any time with 30 days
notice to all active Members, and by providing notice to that effect as
described below in section 3.
Member must: (1) provide all equipment, including a computer and modem,
necessary to establish a connection to the World Wide Web; (2) provide
for own access to the World Wide Web and pay any telephone service fees
associated with such access.
In consideration for this Service, Member agrees to: (1) provide certain
current, complete, and accurate information about Member as prompted to
do so by the Service and (2) maintain and update this information as required
to keep it current, complete and accurate. (3) Ensure payment for services
after the initial trial period has ended. All information requested on
original sign up shall be referred to as registration data ("Registration
Data"). Furthermore, Member grants EZLoandocs the right to disclose
to third parties certain Registration Data about Member and Service membership
in the aggregate; however, such disclosures will exclude Member's name,
mailing address, email address, account and phone number, unless: (1)
Member expressly directs EZLoandocs, or any other person Member may specifically
designate to disclose such information through the Service as provided
by the Service or (2) EZLoandocs is required to disclose such information
by any applicable law or legal process served on EZLoandocs.
If any information provided by Member is inaccurate or misleading, EZLoandocs
retains the right to terminate Member's membership and rights to use the
3. MODIFICATIONS TO TERMS OF SERVICE
EZLoandocs may change the terms and conditions of the TOS from time to
time. Upon any change in the terms and conditions of the TOS, EZLoandocs
will notify you by email. Member's continued use of the Service constitutes
an affirmative: (1) acknowledgment by Member of the TOS and its modifications;
and (2) agreement by Member to abide and be bound by the TOS and its modifications.
4. MODIFICATIONS TO SERVICE
EZLoandocs reserves the right to modify or discontinue the Service with
or without notice to Member. EZLoandocs shall not be liable to Member
or any third party should EZLoandocs exercise its right to modify or discontinue
All communications and information contained in the EZLoandocs service
is treated as private correspondence between the sender and the recipient.
It is EZLoandocs's policy to respect the privacy of its Members. Therefore,
in addition to the privacy of registration data as discussed in Section
2 above, EZLoandocs will not monitor, edit, or disclose the contents of
a Member's private communications unless required to do so by law or in
the good faith belief that such action is necessary to: (1) conform to
the edicts of the law or comply with legal process served on EZLoandocs;
(2) protect and defend the right or property of EZLoandocs; or (3) act
under exigent circumstances to protect the personal safety of its members
or the public.
Member acknowledges and agrees that EZLoandocs neither endorses the contents
of any Member communications nor assumes responsibility for any threatening,
libelous, obscene, harassing or offensive material contained therein,
any infringement of third party intellectual property rights arising therefrom
or any crime facilitated thereby. Member acknowledges and agrees that
certain technical processing of the information and messages and the content
may be required to: (1) send and receive messages; (2) establish intelligent
task processing; (3) conform to the limitations of the Service; or (4)
conform to other similar requirements.
[For more information see the EZLoandocs Privacy Statement]
6. MEMBER ACCOUNT, PASSWORD, AND SECURITY
Once you become a member of the Service, you shall receive a password
and an account. You are entirely responsible if you do not maintain the
confidentiality of your password and account. Furthermore, you are entirely
responsible for any and all activities that occur under your account.
You may change your password or icon at any time by following instructions;
you may also set up a new account and close an old one at your convenience.
Member agrees to immediately notify EZLoandocs of any unauthorized use
of Member's account or any other breach of security known to Member.
7. DISCLAIMER OF WARRANTIES
MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
EZLoandocs EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.EZLoandocs MAKES
NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES
EZLoandocs MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION
OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER'S
OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
EZLoandocs MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED
OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH
THE SERVICE NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY MEMBER FROM EZLoandocs OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO
SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY
EZLoandocs SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE
THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING
FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR
DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE,
DATA OR OTHER INTANGIBLE, EVEN IF EZLoandocs HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
9. NO RESALE OR COMMERCIAL USE OF THE SERVICE
Member's right to use the Service is personal to Member. Member may only
be an individual: Member may not be a corporation or other business entity.
Member agrees not to resell or make any commercial use of the Service,
without the express consent of EZLoandocs.
10. INFORMATION STORAGE AND OTHER LIMITATIONS
EZLoandocs assumes no responsibility for the deletion or failure to store
messages, account data, or any other system data. EZLoandocs will undertake
its best commercial efforts to ensure no data loss occurs.
EZLoandocs has set a fixed limit of 250 borrower accounts per Member account.
Should this number be exceeded, the Member may be required to pay additional
data storage fees. There is no limit on the number of times the Service
can be accessed; however, EZLoandocs retains the right, at EZLoandocs's
sole discretion, to determine whether or not Member's conduct is consistent
with the letter and spirit of the TOS and may terminate Service if a Member's
conduct is found to be inconsistent with the TOS.
11. MEMBER CONDUCT
Member is solely responsible for the contents of his or her transmissions,
and content through the Service. Member's use of the Service is subject
to all applicable local, state, national and international laws and regulations.
Member agrees: (1) to comply with US law regarding the transmission of
technical data exported from the United States through the Service; (2)
not to use the Service for illegal purposes; (3) not to interfere or disrupt
networks connected to the Service; and (4) to comply with all regulations,
policies and procedures of networks connected to the Service. (5) Not
to use the Service to in a way that is damaging to the Company. The Service
makes use of the Internet to send and receive certain messages; therefore,
Member's conduct is subject to Internet regulations, policies and procedures.
Member will not use the Service for chain letters, junk mail, spamming
or any use of distribution lists to any person who has not given specific
permission to be included in such a process. Member agrees not to transmit
through the Service any unlawful, harassing, libelous, abusive, threatening,
harmful, vulgar, obscene or otherwise objectionable material of any kind
or nature. Member further agrees not to transmit any material that encourages
conduct that could constitute a criminal offense, give rise to civil liability
or otherwise violate any applicable local, state, national or international
law or regulation. Attempts to gain unauthorized access to other computer
systems, or content in the Service are prohibited, and will be grounds
for immediate termination.
Member shall not interfere with another Member's use and enjoyment of
the Service or another entity's use and enjoyment of similar services.
EZLoandocs may, at its sole discretion, immediately terminate Service
should Member's conduct fail to conform with these terms and conditions
of the TOS.
Member agrees to indemnify and hold EZLoandocs, its parents, subsidiaries,
affiliates, officers and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or
arising out of Member's use of the Service, the violation of this TOS
by Member, or the infringement by Member, or other user of the Service
using Member's computer, of any intellectual property or other right of
any person or entity.
Either Member or EZLoandocs may terminate the Service with or without
cause at any time and effective immediately, with or without cause at
any time and effective immediately. Termination shall be accompanied by
an email notice to the other party. EZLoandocs shall not be liable to
Member or any third party for termination of Service. Should Member object
to any terms and conditions of the TOS or any subsequent modifications
thereto or become dissatisfied with the Service in any way, Member's only
recourse is to immediately: (1) discontinue use of the Service; (2) terminate
Service membership; and (3) notify EZLoandocs of termination.
Upon termination of the Service, Member's right to use the Service and
Software immediately ceases. Member shall have no right and EZLoandocs
will have no obligation thereafter to forward any unread or unsent messages
to Member or any third party, nor to provide access to any account information
contained in the Service.
All notices to a party shall be in writing and shall be made either via
email or conventional mail. EZLoandocs may broadcast notices or messages
through the Service to inform Member of changes to the TOS, the Service,
or other matters of importance; such broadcasts shall constitute notice
15. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Member may enter into correspondence with or participate in promotions
of the Advertisers showing their products on the Service. Any such correspondence
or promotions, including the delivery of and the payment for goods and
services, and any other terms, conditions, warranties or representations
associated with such correspondence or promotions, are solely between
the corresponding Member and the Advertiser. EZLoandocs assumes no liability,
obligation or responsibility for any part of any such correspondence or
16. PROPRIETARY RIGHTS TO CONTENT
Member acknowledges that content, including but not limited to text, software,
music, sound, photographs, video, graphics or other material contained
in either sponsor advertisements or email-distributed, commercially produced
information presented to Member by the Service ("Content") by
EZLoandocs or EZLoandocs's Advertisers, is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws; therefore,
Member is only permitted to use this Content as expressly authorized by
the Service or the Advertiser. Member may not copy, reproduce, distribute,
or create derivative works from this Content without expressly being authorized
to do so by the Service or the Advertiser.
The TOS shall be governed by and construed in accordance with the laws
of the state of California, excluding its conflict of law provisions.
Member and EZLoandocs agree to submit to the exclusive jurisdiction of
the courts of the State of California.
If any provision(s) of the TOS is held by a court of competent jurisdiction
to be contrary to law, then such provision(s) shall be construed, as nearly
as possible, to reflect the intentions of the parties with the other provisions
remaining in full force and effect.
EZLoandocs's failure to exercise or enforce any right or provision of
the TOS shall not constitute a waiver of such right or provision unless
acknowledged and agreed to by EZLoandocs in writing. Member and EZLoandocs
agree that any cause of action arising out of or related to this Service
must commence within one (1) year after the cause of action arose; otherwise,
such cause of action is permanently barred. The section titles in the
TOS are solely used for the convenience of the parties and have no legal
or contractual significance.