terms of services

PREAPP, LLC TERMS OF SERVICE

 

This agreement is between you and PreApp, LLC (“Company”) concerning your use of the Services.

Your use of the Services may be as any one or more of the following:

  • A visitor to the Website. The Website means the www.preapp1003.comwebsite.
  • A Registered Subscriber, an End User or any person to whom Company provides access to areas of the Website not generally accessible to the public.

 

Registered Subscriber includes a residential mortgage loanofficer or other type of loan originator who provides information to theWebsite sufficient to obtain a User Name and Password and has the ability toinitiate messages to an End User through the Website.

End User is a person who receives a message initiated by a Registered Subscriberby the Registered Subscriber’s authorized use of the Website.

“Services” include providing the Website and internet based data capture andstorage that enable the exchange of information, via the internet and mobilecommunications devices, from or through actual and potential mortgage borrowersfor use in applying for a mortgage; and obtaining access to the Website or itsfeatures not generally available to the public by use of a Company authorizedand issued user name and password.

Company may change these Terms of Service at any time. Such changes areeffective when any revised Terms of Service are posted on the Website. Your continued use of the Servicesas a visitor to the Website, Registered Subscriber or End User is youracceptance of any revised Terms of Service.

You represent and warrant that you are at least eighteen years of age or olderand have all power and authority to agree to these Terms of Service. If you arean independent contractor providing procurement by separate written agreementwith Company, these Terms of Service contain additional terms that You agreeto. In the event of a conflict between your procurement agreement with Companyand these Terms of Service, to the extent required to resolve the conflict, theprocurement agreement controls.

Applicable Law and Jurisdiction. TheServices are controlled and operated from the United States and are not intendedto subject Company to the laws or jurisdiction of any other state, country orterritory. The Services are intended only for use in the United States. Youmust comply with all applicable laws, rules and regulations in using theServices.

Your Use of the Services. Subject tothese Terms of Service, Registered Subscribers, End Users and other persons towhom the Company grants access to areas not generally accessible to the publicmay use the Services. For example, Registered Subscribers may initiate messagesand receive information. End Users may provide information using messagesinitiated by a Registered Subscriber.

User Names and Passwords. You arerequired to register to become a Registered Subscriber or to otherwise obtainaccess to areas of the Website not generally available to the public. Anyperson who obtains access to areas of the Website not generally available tothe public will obtain a user name and password that separately or incombination, are unique to you. Your user name and password are confidentialand for you exclusive personal use in accord with these Terms of Service. Youagree not to access Services or locations on the Website that are not part of yoursubscription or other access authorization. You will not directly, orindirectly, provide others with access to Services using your username andpassword. You agree to notify Company immediately of any confidentiality breachor unauthorized use of Services or access using your user name and password byemail to support@preapp1003.com.

Payments. For RegisteredSubscribers, You agree to pay for Services by credit card. Company will ask foryour credit card number, expiration date, credit card billing address andsecurity codes. YOU REPRESENT AND WARRANT

THAT YOU HAVE THE AUTHORITY TO USE THE CREDIT CARD AND ASSOCIATED INFORMATION

YOU USE TO PAY FOR SERVICES. You hereby authorize Company to charge the creditcard using the information you provide for any set up fees associated with theServices and to automatically charge for monthly payments due for Services,each at the price then in effect when such charges are incurred. By submittingthe credit card payment information, you hereby grant Company the right toprovide the information to third parties for the purposes of your paying forServices. PAYMENTS MADE TO COMPANY FOR SERVICES ARE NON-REFUNDABLE. 

Taxes. For RegisteredSubscribers, You hereby authorize Company to charge your credit card for anytaxes that Company is required to pay or in fact is required to collect inconnection with the Services.

Termination. This paragraph appliesto Registered Subscribers. These Terms of Service begin upon your first use ofthe Services, including any trial period, and remain in effect untilterminated. You may terminate Services at any time by sending an email to support@preapp1003.com.Include “Terminate Account” in the subject line. Provide your name and user IDalong with a request to terminate Services. If you change your mind abouttermination, contact support@preapp1003.com within thirty daysafter your initial termination request. Company will waive the setup fee andauthorize reactivation of your user name subject to your renewed agreement tothese Terms of Service.

If Company believes you have violated these Terms of Service, or otherwise actedin a manner inconsistent with the spirit or intent herein, Company, in its solejudgment, may terminate Services or suspend your Services at any time andwithout notice to you and without liability to you or to any third party. Forexample, your credit card payment information becomes invalid or ineffectivefor use under the Payments section.

Upon any termination or suspension of Services, Your access to Submissions,Services, and any other materials accessible to you as result of the Serviceswill cease.

Information Submitted.
Your Content. Information you submit through or in connection with theServices, store, transmit or display in using the Services is a Submission. Yourepresent and warrant that you will keep the information in your Submissionsaccurate and complete and will update Submissions as needed to maintain suchaccuracy and completeness. For each Submission, and for no additionalconsideration, you hereby grant to Company a worldwide, royalty-free, fullypaidup, non-exclusive, irrevocable, transferable and fully sublicensable licenseto reproduce, display, adapt, distribute, and transmit such Submissions inconnection with the Services.

To the extent that Submissions include personal data or Personally IdentifiableInformation, the license granted herein is subject to Company’s privacy policyas may be amended from time to time. Privacy Policy. TheCompany’s privacy policy, as may be amended from time to time, is herebyincorporated by reference in its entirety into these Terms of Service. In thecase of a conflict between the Company’s privacy policy and these Terms ofServices, these Terms of Services will control to the extent required toresolve the conflict.

Objectionable Content. Company doesnot have the ability to control the nature of Submissions and does not have theobligation to monitor the content of Submissions. You are solely responsiblefor the content of your Submissions and your interactions with other users ofthe Services. You warrant Your Submissions do not infringe the rights of anythird party or parties including any patent, copyright, trademark, tradesecret, any obligation of confidentiality to a third party or any right ofpublicity of a third party.

Server Security 
Company uses dual dedicated servers provided by Armor Defense, Inc. For moreinformation regarding security certifications, please visit https://www.armor.com/company/certifications.

Confidential Information.
“Confidential Information” means information you provide in writing to theCompany or store on the Website that is not generally available to the public.Subject to any prior agreement between you and company, the Company PrivacyPolicy and these Terms of Service, Company agrees not to disclose or use yourConfidential Information unless the information:

  1. Was generally known to the public,
  2. Was known to the Company, without restriction,at the time of your disclosure;
  3. Is authorized, by you, to be disclosed toothers;
  4. Was independently developed by the Companywithout any use of the Confidential Information;
  5. Becomes known to the Company, withoutrestriction, from a source other than you and without a breach of these Termsof Service or Privacy Policy by the Company; or
  6. Is required to be disclosed by the Company underany order or requirement of a court, administrative agency, or othergovernmental body.

Intellectual Property (“IP”)
Trademarks and Service Marks. Company owns trademarks or service marks,whether common law, in registration, or registered in any particularjurisdiction, including the United States. Such trademarks or service marksinclude www.preapp1003.com andone or more composite marks consisting of graphic designs plus the wordCompany.

Trade Dress. All page headers,custom graphics, button icons, form designs including color selections andscripts constitute the trade dress of Company, whether or not so registered inany particular jurisdiction.

Copyrights. Company owns copyrightedworks, whether or not so registered in any particular jurisdiction, includingthe United States. All materials on the Website, includingall logos, designs, text, graphics, other files, the selection, organizationand arrangement of any of the aforementioned, and any computer software orcode, including source code and object code created by Company, are thecopyrighted works of Company. Although any individual fact is not copyrightable,the selection, organization and arrangement of data and other informationcollected by Company is the copyrighted work of Company.

Patents. Certain aspects of theServices are the subject of one or more pending patent applications.

No Ownership In or License To Company IP.These Terms of Service do not, in any way, grant you an ownership interest inor license to any Company IP. You may not use such materials without Company’sadvance written permission.

DMCA Copyright Policy and CopyrightAgent. Company respects the IP rights of others and expects others to dothe same. Company may remove content that, in its sole discretion, appears toinfringe the IP rights of others. In addition, Company, in its sole discretion,may terminate or suspend the accounts of users who infringe the IP rights ofothers or otherwise block access to the Website. If you believe that a user ofthe Services has infringed your IP rights, please notify Company’s Copyrightagent and provide the following information:

  1. A physical or electronic signature of the personauthorized to act on behalf of the owner of the IP right,
  2. An identification of the IP claimed to have beeninfringed,
  3. A detailed description of the material that youclaim is infringing, so that Company may locate it, including the URL where theinfringing material appears,
  4. Your address, telephone number and emailaddress,
  5. A statement by you that you have a good faithbelief that the allegedly infringing use is not authorized by the IP owner, itsagents, or the law,
  6. A statement made under penalty of perjury by youthat the information you submit in connection with the notice is accurate andthat you are authorized to act on behalf of the owner of the IP rightsinvolved.

Transmissions. 
Transmission and receipt of information may traverse various routes through acommunications network or networks. The level of reliability of suchtransmissions varies according to the route of transmission. You areresponsible for obtaining and maintaining all computer hardware, software andcommunications equipment needed to access and use the Services, and for payingall access charges (e.g., ISP, telecommunications) incurred while using theServices. Company is not responsible for the final delivery of any transmissioninitiated by you through the Services, as this is out of our control and is theresponsibility of downstream communications carriers.

Initiation of message transmissions and receipt of information in the form ofSMS or MMS messages is via telecommunications companies and mobile networkoperators. Company’s influence over the timing of the transmission of initiatedmessages and receipt of information is within the technical constraints imposedupon any individual route of transmission. While Company uses commerciallyreasonable efforts in initiating the transmission of a message and receipt ofinformation, Company cannot commit to, and do not guarantee, a specificdelivery time or receipt time. Such times depend on various network andsystem-related factors among the various entities involved in the transmissionof your messages across the public switched telephone network and/or Internet.

You understand and acknowledge that communications carriers assign messageswith a default lifetime and any message that cannot be delivered or receivedsuccessfully within the lifetime assigned to it will be discarded by thecommunications carrier without any notice. Company is not liable for any lossincurred by the failure of a message to be delivered, and you acknowledge thatdamages for financial or other loss resulting from delivery failure cannot beclaimed from Company for any such non-deliveries. Furthermore, you agree thatmessage contents are deemed to have zero value.

You represent and warrant that the owners of the phone numbers you initiatemessages to through the Services have consented or otherwise opted-in to thereceipt of such messages as required by any applicable law or regulation. Ifapplicable messages you initiate, you agree that you will include clearopt-out/unsubscribe information on your messages when required to do so by anyapplicable law or regulation and otherwise adhere to the Consumer Best Practices Guidelines promulgatedby the MobileMarketing Association and as may be amended from time totime. You further agree that if so requested, You will immediately place anyindividual requesting “Do-Not-Call” (“DNC”) status on your DNC accountslist. You further agree that you will not initiate any subsequent messages toany individuals after they request DNC status.

Prohibited Acts. You agree not tostore, transmit or otherwise make available any materials through or inconnection with the Services that might be illegal or objectionable to Company.You agree to refrain from using the Services in any manner that is illegal orthat is objectionable to Company. Without any intention to be limiting, Companyincludes the following as objectionable to Company:

  • Providing third parties access to Services bydirectly or indirect use of your user name and password, o Harvesting,collecting or otherwise aggregating information about other users of theServices, o Interfering with or disrupting the operation of the Services,including the Website,servers,network, or security thereof,

 

  • Exploiting any portion of the Services,including the Website except as expressly authorized in the Terms of Serviceherein, o Reverse engineering, decompiling or disassembling any portion of the Websiteor associated software codeexcept where such restriction is expressly prohibited by law, and

 

  • Using any robot, spider, site search / retrievalapplication or other automatic or manual device to retrieve, index, scrape,data mine, or otherwise gather content from the Website,or reproduce or circumvent thenavigational structure of the Services.

    Warranty Disclaimer. THE SERVICESARE MADE AVAILABLE TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHEREXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANYDISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES INCLUDING: THAT THESERVICES ARE UPDATED, COMPLETE, CORRECT OR

    SECURE; WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,NONINFRINGEMENT AND TITLE. ALL DISCLAIMERS HEREIN ARE MADE ON BEHALF OFCOMPANY, ITS MANAGERS, OWNERS, PROCUREMENT SERVICES PROVIDERS, REPRESENTATIVES,LICENSORS, SUPPLIERS.

    Indemnification. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, YOUAGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COMPANY, ITS MANAGERS, OWNERS,PROCUREMENT SERVICES PROVIDERS, REPRESENTATIVES, LICENSORS, SUPPLIERS FROM ANDAGAINST ALL CLAIMS, LOSSES, ADMINISTRATIVE ACTIONS, COSTS AND EXPENSES

    (INCLUDING ATTORNEYS’ FEES AND ANY COSTS OF PROVIDING NOTICE) ARISING OUT OFYOUR USE OF OR ACTIVITIES IN CONNECTION WITH THE SERVICES INCLUDING ALLSUBMISSIONS; AND ANY VIOLATION OR ALLEGED VIOLATION OF THESE TERMS OF SERVICESBY YOU.

    Limitation of Liability. COMPANY IS NOT LIABLE FOR PERSONAL INJURY OR ANYINDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, ENHANCED OR PUNITIVEDAMAGES OF ANY KIND, UNDER ANY THEORY INCLUDING CONTRACT, TORT (INCLUDINGNEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OFPROFITS, USE OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OFSUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANYSUBMISSIONS) BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES,EVEN IF YOU WERE OR ARE ADVISED IN ADVANCE OF THE LIKLIHOOD OR POSSIBILITY OFSUCH DAMAGES OR LOSSES. COMPANY IS NOT LIABLE FOR YOUR USE OF OR INABILITY TOUSE THE SERVICES OR FROM ANY PRODUCTS, SERVICES OR THIRD PARTY PRODUCTS ORSERVICES. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THESE TERMS OF SERVICE IS TOTERMINATE YOUR USE OF THE SERVICES. THE MAXIMUM AGGREGATE LIABILITY OF COMPANYFOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT(INCLUDING NEGLIGENCE) OR OTHERWISE IS FIFTY DOLLARS. ALL LIMITATIONS OFLIABILTY OF ANY KIND (IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF SERVICE)ARE MADE ON BEHALF OF COMPANY, ITS MANAGERS, OWNERS, PROCUREMENT SERVICESPROVIDERS,

    REPRESENTATIVES, LICENSORS, SUPPLIERS. 

    Some exclusions of, or disclaimers of, warranties or limitations on damages maynot be applicable in some jurisdictions. In that case, some of the disclaimers,exclusions or limitations above may not apply to you and you may haveadditional rights.

    Force Majeure. Company is notliable for failing to perform under these Terms of Service by the occurrence ofany event beyond its reasonable control, including a labor disturbance,Internet outage or interruption of services, a communications outage, failure ofa communications service provider, fire, terrorism, natural disaster, war, or cyberattack.

    Disputes. These Terms of Service aregoverned by the laws of the state of Texas, without regard to its principles ofconflicts of law, regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFYFOR AND ARE FILED IN SMALL CLAIMS COURT, ALL DISPUTES ARISING EXCLUSIVELY OUTOF THESE TERMS OF SERVICE, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD,MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL ANDBINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY AJUDGE OR JURY, AND YOU AGREE THAT COMPANY AND YOU ARE EACH WAIVING THE RIGHT TOTRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS OF SERVICEWILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS ACTIONSARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE INA CLASS ACTION. If you proceed in small claims court, you consent to theexclusive jurisdiction of the small claims court located in in Harris CountyTexas Precinct 8 Place 2 Courthouse in the City of Houston located at 16603Buccaneer Ln., Houston, TX 77062. Each party irrevocably consents to suchpersonal jurisdiction and waives all objections thereto.

    However, if either of us requests binding arbitration in writing, the disputemust be resolved by binding arbitration.

    You and Company agree as follows. The arbitration will be administered by JAMS pursuant to its ComprehensiveArbitration Rules and Procedures, as amended by these Terms of Service. Ifthere is a hearing, the arbitrator will conduct that hearing by remoteelectronic means, for example, a video conference or a conference telephone call.Conduct of administered arbitration by electronic means, including any hearing,is intended to be in lieu of in person proceedings. However, if any of thearbitrator, you or Company so requests, an in-person meeting may be conductedin lieu of by electronic means. Any such in-person meetings will be held at alocation in Houston, Texas. If you, Company and the arbitrator are unable toagree upon a mutually convenient location in Houston, Texas; then thearbitrator will decide the location in Houston, Texas. The arbitrator’sdecision will follow these Terms of Service and will be final and binding. Thearbitrator will have the authority to award temporary, interim or permanentinjunctive relief or relief providing for specific performance of these Terms ofService, but only to the extent necessary to provide relief warranted by theindividual claim before the arbitrator. The award rendered by the arbitratormay be confirmed by and enforced in any court having jurisdiction. The courtsof the state of Texas (venue in Houston, Texas) will have exclusivejurisdiction to settle any claim, dispute or matter of difference that mayarise out of or in connection with the arbitration. Nothing in these Terms ofService preclude you from bringing issues to the attention of appropriatelocal, state or federal government agencies. If applicable law allows, suchagencies may be able to seek relief on your behalf.

    Survival. The followingsections having the following headings survive any termination of these Termsof Service: Disputes, WarrantyDisclaimer, Indemnification, Limitation of Liability. Othersections, by their nature, may also survive any termination of these Terms ofService.

    Contact Company. If you have aquestion, comment of compliant regarding the Services, please send an email tosupport@PreApp1003.com. You may also contact Company by writing to Company,Attn. Customer Service Department, 1560 Live Oak Suite, Suite D, Webster, TX77598. Please note that email communications will not necessarily be secure. Accordingly,you should not include credit card information or other sensitive or personalidentifying information in your email, or other electronic correspondence withCompany.

    Miscellaneous. If any provision ofthese Terms of Service is found to be unlawful, void or for any reasonunenforceable by an arbitrator or court as provided under these Terms ofService, we each agree that that provision is severable from these Terms ofService and will not affect the validity and enforceability of any remaining provisionin these Terms of Service. No waiver by either of us is intended to be a waiverof any preceding or subsequent breach of default. Notices to you, includingnotices of changes to these Terms of Service, may be made via posting to thecontrolled access portion of the Website.

    These Terms of Service are effective as of and was last updated on March 21,2016.

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