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These MLO Terms of Use (“TOU”) constitute the agreement between PREAPP LLC (“PREAPP”) and the Mortgage Loan Originator identified on a registered PREAPP 1003 account (“you,” or “MLO”), who provides pre-approval loan services for MLO’s own customers (“Applicants”) using PREAPP 1003 (“Services”). These Terms of Use governs the use of Services by both MLO and its Applicants.
By registering your PREAPP 1003 account you agree to be bound by these MLO Terms of Use. These Terms of Use will bind all MLOs who participate in the Services.
1.1. DEFINITIONS
1.1.1. “Services” as used herein refers to the suite of services offered by PREAPP as listed at preapp1003.com including, but not limited to, those offered through PREAPP, its Apps, its App Services, the Website, and the Website Services through which it provides website and Internet based data capture and storage that enable the exchange of information, via the internet and mobile communications devices, from or through actual and potential mortgage borrowers for use in applying for a mortgage; and obtaining access to the Website or its features not generally available to the public by use of a Company authorized and issued user name and password.
1.1.2. “Account” means “PREAPP 1003 Account.”
1.1.3. “Apps” means any applications developed by PREAPP.
1.1.4. “App Services” means any content and services provided by PREAPP through its Apps.
1.1.5. “Applicant” as used herein refers to an MLO customer.
1.1.6. “Consumer” means any individual that uses any of the PREAPP Services. Where applicable, the term “Consumer” shall encompass all PREAPP Customers.
1.1.7. “Legal Fees” means any attorney’s fees, paralegal fees, costs, and/or expenses related thereto.
1.1.8. “MLO” or “you” as used herein means the Mortgage Loan Originator identified on the registered PREAPP 1003 account as well as any of its predecessors, successors, parents, subsidiaries, divisions, projects, affiliates, related entities, assigns, and/or any of their current or former representatives, officers, directors, agents, or strategic partners.
1.1.9. “PREAPP” means PreApp LLC as well as any of its predecessors, successors, parents, subsidiaries, divisions, projects, affiliates, related entities, assigns, and/or any of their current or former representatives, officers, directors, agents, or strategic partners.
1.1.10. “Software” means any necessary software used in connection with the Services.
1.1.11. “Website” means all of the content, information and services (in any format whatsoever) accessible through the World Wide Web at the domain name preapp1003.com.
1.1.12. “Website Services” means the services provided by PREAPP through the Website at the domain name preapp1003.com and any of our other websites that may be used from time to time.
1.2 All parties explicitly agree that the use of the Services shall be pursuant to these Terms of Use. PREAPP shall not be bound by any additional or different terms provided by MLO.
1.3 The Terms of Use shall be considered and construed as a binding agreement between you and PREAPP.
1.4 The Terms of Use comprises the entire agreement between you and PREAPP, superseding any prior agreements. Please note that you may be subject to additional rules and regulations that may apply when you register for and use the Services. Any such additional rules and regulations shall be explicitly referenced herein and considered as incorporated within the Terms of Use.
2.1 MLO Responsibilities. MLO agrees that MLO will not receive an application (as defined in the Truth in Lending Act, the Real Estate Settlement Procedures Act, the Home Mortgage Disclosure Act, any other state or Federal statute or any rule or regulation promulgated under any of the foregoing) via the Service, and that its non-binding preapprovals are not intended to be official quotes or loan applications.
2.2 Third-party Providers. The Service may integrate with products or services provided by third parties with whom MLO has written or other agreements. MLO’s rights and responsibilities with respect to such third parties are governed by such agreements and applicable law, and any disputes directly or indirectly related to such agreements shall be between MLO and the third party and shall not include PREAPP. PREAPP assumes no responsibility for any defect in a product or service provided by such third parties or breach of agreements between MLO and such third parties. Notwithstanding the foregoing, under no circumstances is PREAPP obligated to provide instructions to, receive or store information or documentation transmitted by such third party service providers, or transmit data, documentation or other information to such third parties.
2.2.1 To facilitate pre-approval, MLO may pull credit reports from third-party credit agencies via the Service. The Service acts as a portal to the credit agencies and MLO is able to use the Service to send encrypted results of credit agencies to its Applicants. PREAPP is not responsible for the accuracy, reliability or security of the credit agencies. MLO agrees that it uses such services subject to each credit agency’s terms of use and privacy policies. A list of Credit Agencies is available at https://preapp1003.com/credit-report-agencies.
2.2.2 To facilitate secure document management, loan origination services, and customer relationship management between MLO and its applicants, PREAPP integrates with certain third-party providers. PREAPP is not responsible for the accuracy, reliability or security of these third-party providers. MLO agrees that it uses such services subject to each third-party provider’s terms of use and privacy policies. A list of third-party providers is available at https://preapp1003.com/preapp-1003-partners.
2.3 Compliance with Laws. MLO will comply with all applicable federal and state laws, rules and regulations in its use of the Service and in any business operations conducted pursuant to these Terms of Use. MLO shall ensure that it and all of its employees, consultants, and business associates conducting business related to the Service are in compliance with all federal, state or other laws or regulations applicable to them in their professional capacities as mortgage bankers, mortgage brokers, mortgage professionals or any other regulated field or occupation. MLO will cooperate with PREAPP to investigate or enforce these Terms of Use, The Applicant Terms of Use and applicable laws and regulations, and with any inquiry or investigation by regulators or law enforcement officials related to the Service.
2.4 Privacy and Security. Whenever PREAPP comes into contact with “nonpublic personal information” as (defined in the Gramm-Leach Bliley Act and its implementing regulations) of MLO’s customers and consumers, PREAPP agrees to implement and maintain appropriate measures to protect the confidentiality of such information. Nonpublic personal information includes but is not limited to, name, address, income, Social Security number, relationship with Seller, loan information, credit history, bank history consumer reports, consumer file information, employment history, etc. PREAPP agrees to protect the confidentiality of all customer and consumer “nonpublic personal information” and that it will not be disclosed for any purpose other than the one for which it was received unless its disclosure is required by law. At all times while MLO is using the Service, MLO shall likewise implement and maintain appropriate measures to protect the confidentiality of nonpublic personal information. MLO agrees that it is solely responsible for ensuring its compliance with these Terms of Use and applicable law when sharing nonpublic personal information with affiliates or service providers as permitted by these Terms of Use, and MLO shall ensure all that such third parties implement and maintain appropriate security safeguards.
2.5 PREAPP has a separate and distinct Terms of Use for individual consumer users.
3.1. PREAPP reserves the right to choose the forms of payment accepted for the Services, to refuse select forms of payment, and to refuse service to anyone.
3.2. PREAPP presently uses credit cards to accept payments from MLOs. PREAPP reserves the right to add or remove particular third parties through whom it will accept payments.
3.3. Pricing. Prices remain subject to change without notice.
3.4. Insufficient Funds and Chargebacks. Please note that all payments to PREAPP go through a third party. You may be responsible for various charges and/or penalties implemented by these third parties for any insufficient funds or chargebacks. Please review the Terms of Service for the third party companies for more information.
3.5. Timeliness of Payments. Payments must be made at the time of purchase. You (and you alone) are responsible for all charges associated with connecting to the Service and/or PREAPP.
3.6. Recurring Charges. You may choose to make monthly or periodic charges on an automatic recurring basis. Should you choose to do so, you authorize PREAPP to make such charges using the form of payment specified in your account preferences or settings.
4.1. PREAPP will provide services through which customers may communicate with PREAPP by text or short code messaging through the PreApp 1003 program.
4.2. Customers can text PREAPP to 33655 and it will provide a web link for them to view PREAPP’s website.
4.3. Customers who opt into PreApp 1003 will only get one text alert. No messages text will be sent after that.
4.4. There are no premium charges for joining our PreApp 1003 message Alerts service. However, message and data rates may apply.
4.5. To opt-out of the PreApp 1003 Alerts program, a subscriber can send or text STOP, END, QUIT, CANCEL or UNSUBSCRIBE to 33655. An unsubscribe message will be sent to their number confirming the cancellation, but no more messages will be sent after that one.
4.6. For support or information about PreApp 1003 Alerts service, anyone can send or text HELP to 33655. Optionally, one may email support@preapp1003.com or call toll free (888) 652-6515.
4.7. Supported Carriers. Alltel, AT&T, Cincinnati Bell, Dobson Cellular Systems, Inter Op, MetroPCS®, Nextel Communications, Sprint PCS, T-Mobile®, U.S. Cellular®, Verizon Wireless, and Virgin Mobile U.S. T-Mobile® is not liable for delayed or undelivered messages.
4.8. Privacy Focused.
4.8.1. PreApp 1003 Alerts’ top priority is the privacy of its users. The following is provided to address any concerns you may have.
4.8.2. PreApp 1003 will never, under any circumstances, sell or distribute your cell phone number to third parties or PreApp 1003 clients for whom you have not approved.
4.8.3. PreApp 1003 will never distribute any personal information about you, including your phone number, name, billing information or any other piece of identifying information.
4.8.4. If any has any questions, they can call (832) 915-5362 or send an email to support@preapp1003.com
5.1. PREAPP reserves the right at any time to modify or discontinue, whether temporarily or permanently the Service. Changes may occur from time to time. Notice of any changes or modifications will be provided through the Service and, as appropriate, other means of notice provided herein. Absence of any notice shall not affect the enforceability of these Terms of Use.
5.2. PREAPP may update its software and/or code, in whole or in part. These updates may require your computer to install additional third party software.
6.1. PREAPP reserves the right to change the prices for any of the PREAPP Services including, but not limited to, any prices associated with subscription service plans at any time. Should PREAPP change any pricing, PREAPP shall provide its existing PREAPP Customers with at least thirty (30) days notice.
6.2. Method of Payments. To purchase PREAPP Services, you must provide PREAPP with a valid credit card or checking account debit information. PREAPP presently accepts payments from PREAPP Customers using a secure connection. PREAPP reserves the right to choose the forms of payment accepted for PREAPP Services, to refuse select forms of payment, to refuse service to anyone, and to add or remove particular third parties from whom it will accept payments.
6.3. Advance Billing.
PREAPP bills in advance for PREAPP Services on a recurring basis.
PREAPP may, in its sole discretion, provide you the option to pay for the entire subscription service plan in one or multiple advance payments, depending on your payment method, account history, and/or account preferences.
By choosing your subscription service plan, method of payment, and applicable billing cycle, you authorize PREAPP to use the form of payment specified in your account preferences or settings to bill you automatically in advance for the chosen PREAPP Services on a recurring basis for each applicable billing cycle until your account has been cancelled and the applicable subscription plan has concluded.
Should you decide to cancel your account, your account will be effectively cancelled after the conclusion of your then-existing service plan.
6.4 Renewals. For the convenience of its PREAPP Customers, PREAPP automatically renews subscription plans.
6.5 No Refunds. PREAPP does not refund purchased services. Consequently, there will be no refunds for periods where PREAPP Services were unused should your account be cancelled including, but not limited to, period of dormancy or time remaining on subscription plans. Moreover, should you enter into a subscription plan wherein you make monthly payments, you agree to make monthly payments for the entire term of your subscription plan whether you use or cancel the PREAPP Services prior to the expiration of your subscription. Consequently, PREAPP cannot cancel or refund monthly payments associated with subscription plans.
6.6 Timing of Payments. Payments must be authorized and/or made at the time of purchase. Where you enter into a subscription plan with monthly or periodic payments, the payments will be made automatically in advance of each month or period.
6.7 Taxes and Other Excluded Fees. Payments for PREAPP Services do not include taxes, levies, withholdings, or duties imposed by taxing authorities or other applicable third parties. You are responsible for the payment of all such taxes, levies, withholdings or duties.
6.8 Insufficient Funds and Chargebacks. PREAPP processes all payments to it through a third party. Should your payments be cancelled or reversed because of insufficient funds or chargebacks, you will be responsible for any charges and/or penalties implemented by these third parties to you and/or PREAPP.
7.1 Cancellation requests must be sent to support@preapp1003.com. All cancellation request fulfillments will be confirmed personally by a member of the PreApp 1003 Customer Support Team within one business day. For more details about the Cancellation Policy, go to https://preapp1003.com/cancellation.
8.1. MLO agrees to indemnify, hold harmless and defend PREAPP from and against any and all judgments, liabilities, damages, losses, expenses and costs (including, but not limited to, court costs and legal fees) incurred by and for which PREAPP provides notice to Client within thirty (30) days of such claim which relate to the violation of any third party’s copyright or proprietary rights arising in connection with the provision of Professional Services where such violation arises from PREAPP’s reliance on Client’s instructions or specifications or where Client or its agents modify any aspect of the results of the Professional Services.
8.2. MLO shall indemnify, defend and hold harmless PREAPP, its respective affiliates, subsidiaries, directors, officers, agents, suppliers, employees and assigns (collectively, “Indemnified Parties”), from and against any claims, expenses, and/or losses arising, including reasonable legal fees (including but not limited to attorney’s fees, paralegal fees, costs and expenses), made by any third party against PREAPP due to, arising from, and/or relating to: (i) MLO or MLO’s customers’ or Applicants’ connection to and/or use of Services; (ii) the content of MLO or MLO customers’ or Applicants’ data and/or any third party information used, maintained or stored in connection with the Services; (iii) any MLO Service Provider’s management of and data entry into the platform provided by PREAPP; (iv) the breach by MLO of these Terms of Use or any representation, covenant or warranty contained herein; (v) violation of any law by MLO or any third party arising out of or relating to MLO’s actions; (vi) the modification or unauthorized use by MLO or MLO’s customers’ or Applicants’ or distribution of the Services or PREAPP’s Intellectual Property; (vii) any violation of law in which MLO allegedly engaged; (viii) any information MLO or its customers sent, submitted, electronically received, viewed, printed, downloaded, or transmitted through the Services; or (ix) your violation of any rights of any other person or entity.
9.1 Copyright.
PREAPP Services and any necessary software used in connection with the PREAPP Services (“Software”) contain proprietary and confidential information protected by applicable intellectual property and other laws. PREAPP or its licensor holds all rights, title and interest in all Software and all intellectual property, including other rights related to intangible property, unless otherwise indicated. No title or interest in such intellectual property rights is being transferred to you and you agree to make no claim of interest in any such Software. Except as expressly authorized by PREAPP or our advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Software, in whole or in part.
PREAPP shall possess and retain all copyrights to content created by PREAPP (“PREAPP Content”). PREAPP may use content obtained from third party sources. All rights to such third party content remains with the owners of such third party content.
You may link to our Website from your own websites and other third party websites, so long as you do so in accordance with these Terms of Use. However, you may not frame any elements of PREAPP Services within any other website.
The copyrighted materials within the Services include, but are not limited to, the text, design, software, images, graphics, source code, and the content on the website and any applications. You are authorized to view the information available thereon for your informational purposes only. You may not copy, republish, redistribute, transmit, participate in the transmission of, create derivatives of, alter, edit or exploit in any manner any material including by storage on retrieval systems.
Your use of any third party software or content obtained through the PREAPP Services does not transfer to you any rights, title or interest in or to the third party software or content. Further, you agree that you shall not use any third party software or content made available to you through the PREAPP Services except as expressly authorized under the applicable third party provider’s terms of use or license, which are incorporated by reference herein for the benefit of such third party providers. If you do not agree to the third party providers’ terms of use or license agreement, do not download or use the third party software or content.
9.2 Trademarks.
You agree to not use PREAPP Trademarks or any mark that is confusingly similar to such trademarks. Nothing on or through the PREAPP Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of PREAPP Trademarks. PREAPP reserves the right to restrict the use of its name, system, logo, and trademarks. You agree to comply with any and all such restrictions.
For purposes of displaying your Account and content associated with it, you permit PREAPP to use your name and trademark, if applicable. You also allow PREAPP to use your name and trademark in a manner consistent with fair use. Upon receiving written request consistent with Notices provided herein, PREAPP will remove your name and/or trademark except as necessary to continue providing you with PREAPP Services.
All other companies’ names, brand names and product names are trademarks or trade names of their respective owners who may or may not endorse, be affiliated with or connected to PREAPP. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the PREAPP Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
9.3 Patents. Certain aspects of the Services are the subject of one or more pending patent applications.
9.4 Trade Dress. All page headers, custom graphics, button icons, form designs including color selections and scripts constitute the trade dress of Company, whether or not so registered in any particular jurisdiction.
9.5 Destruction of Materials. Should you violate these terms regarding intellectual property, you must delete any materials obtained in violation of these Terms of Use immediately upon notice or upon realizing possession of such materials violate these Terms of Use, whichever is earlier.
9.6 All PREAPP Content is the proprietary property of PREAPP and/or its licensors, with all rights reserved. No PREAPP Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without PREAPP’s prior written permission. Provided that you are eligible for use of PREAPP Services and retain all copyright or other proprietary notices intact, you are granted a limited license to access and use the PREAPP Services and the PREAPP Content, including a limited license to download or print a copy of any portion of the PREAPP Content to which you have properly gained access solely for your use in relation to the PREAPP Services. You may not upload or republish PREAPP Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. This limited license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the PREAPP Services or PREAPP Content without the prior written permission of PREAPP, other than as specifically authorized herein, is strictly prohibited and shall immediately terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
9.7 The foregoing paragraphs relating to intellectual property in no way transfers any of MLO’s rights or interest in their own intellection property to PREAPP.
10.1 PREAPP respects the intellectual property rights of others and prohibits anyone from uploading, posting or otherwise transmitting through PREAPP Services any materials that violate another party’s intellectual property rights. When PREAPP receives proper Notification of Alleged Copyright Infringement as described herein, it promptly removes or disables access to the allegedly infringing material and terminates the accounts associated therewith as described herein in accordance with the Digital Millennium Copyright Act (“DMCA”).
10.2 If you believe that any material on or through the PREAPP Services infringes upon any copyright which you own or control, you may send a written Notification of Alleged Copyright Infringement to our designated DMCA Agent identified below.
10.3 If you believe that your own copyrighted work is accessible on or through the PREAPP Services in violation of your intellectual property rights, you may provide our designated DMCA Agent with a Notification of Alleged Copyright Infringement as set forth in the DMCA that contains substantially the following information:
(A). Identify in sufficient detail the copyrighted work or intellectual property that You claim has been infringed so that PREAPP can locate the material;
(B). Identify the URL or other specific location on the Website or PREAPP Services that contains the material that You claim infringes your copyright described in Item 5.3(A) above;
(C). Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;
(D). Include a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(E). Include a statement by You that the information contained in your notice is accurate and that You attest under the penalty of perjury that You are the copyright owner or that You are authorized to act on the copyright owner’s behalf; and,
(F). Include your name, mailing address, telephone number and email address.
10.4 You may send your Notification of Alleged Copyright Infringement to our designated DMCA Agent by fax, mail, or E-Mail as set forth below:
10.5 PREAPP has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, members who are deemed to be repeat infringers. PREAPP may also in its sole discretion limit access to the PREAPP Services and/or terminate the use thereof by anyone who infringes any intellectual property rights of others, whether or not there is any repeat infringement.
Unless otherwise agreed to in writing by PREAPP, you agree not to reproduce, duplicate, copy, sell, resell, outsource, reverse engineer or exploit any portion of, the use of, or access to PREAPP Services.
PREAPP takes the privacy of its Customers very seriously. In this context, it also takes seriously any effort to circumvent the technology it has implemented to protect the privacy and the security of information on its servers. Should any person attempt to obtain or obtain unauthorized access to PREAPP servers and/or should any PREAPP Customer attempt to exceed or exceed his/her/its authorized access to PREAPP servers, PREAPP shall consider such conduct to violate the federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030, which provides for civil and criminal penalties. Additionally, depending on the circumstances, such conduct could also violate the Electronic
Communications Privacy Act, 18 U.S.C. § 2510, et eq. and the Stored Communications Act, 18 U.S.C. § 2701, et seq., both of which also provide for civil and criminal penalties.
13.1. TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, THE PARTIES MUTUALLY WAIVE ALL CLAIMS AND RIGHTS OF RECOVERY AGAINST EACH OTHER FOR ANY SPECIAL, EXEMPLARY, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING FROM OR RELATED TO THE SUBJECT- MATTER OF THIS AGREEMENT. CONSEQUENTIAL AND INDIRECT DAMAGES INCLUDE LOSS OF DATA, USE, INCOME, ANTICIPATED PROFITS ON UNPERFORMED WORK OR OTHER CONTRACTS OR PROJECTS, LOSS OF BUSINESS, GOODWILL OR REPUTATION OR OTHER CONSEQUENTIAL OR INDIRECT DAMAGES AS DEFINED BY APPLICABLE LAW.
13.2. TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, PREAPP’S TOTAL LIABILITY TO MLO FOR ANY AND ALL INJURIES, CLAIMS, LOSSES, EXPENSES, OR DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE SUBJECT MATTER OF THIS AGREEMENT FROM ANY CAUSE OR CAUSES OF ACTION INCLUDING BUT NOT LIMITED TO PREAPP’S NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY SHALL NOT EXCEED THE AMOUNT OF THE FEES PAID BY MLO TO PREAPP UNDER THIS AGREEMENT DURING THE PREVIOUS 12 MONTH PERIOD IN WHICH SUCH CLAIM ARISES.
14.1. THE SERVICES ARE PROVIDED TO YOU “AS IS”, “WITH ALL FAULTS”, “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW.
14.2. PREAPP SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:
14.2.1. ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CAPABILITIES, SECURITY, TIMELINESS, USEFULNESS AND/OR CONTENT OF:
14.2.1.1. PREAPP SERVICES; AND,
14.2.1.2. THE ABILITY OF THE SERVICES TO INTEROPERATE OR INTEGRATE WITH ANY THIRD PARTY PRODUCTS SUCH AS SOFTWARE OR HARDWARE;
14.2.2. ANY WARRANTIES RESULTING FROM A COURSE OF DEALING OR USAGE OF TRADE;
14.2.3. ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;
14.2.4. ANY WARRANTIES OF NON-INFRINGEMENT; AND
14.2.5. ANY WARRANTIES REGARDING THE RIGHTS AND TITLE OF PREAPP IN THE SERVICE, OR ANY WARRANTY THAT THE SERVICES DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.
14.3. PREAPP IS NOT LIABLE FOR ANY INFORMATION, SOFTWARE OR OTHER PRODUCTS THAT ARE DOWNLOADED FROM SERVICES BY YOU OR INSTALLED ON YOUR COMPUTER. AS SUCH, PREAPP IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
14.4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
14.5. PREAPP MAKES NO WARRANTY THAT THE SERVICES WILL BE ERROR- FREE, AVAILABLE WITHOUT INTERRUPTION, TIMELY, OR MEET YOUR REQUIREMENTS.
14.6. PREAPP WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICES. HOWEVER, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE PREAPP SERVICES, OR OTHER INTERACTION WITH THE SERVICES. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICES. WE DO NOT WARRANT THAT (I) THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR- FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
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 LIMITATIONS MAY NOT APPLY TO YOU.
16.1. Acknowledgement. You acknowledge that you have read, understood, and agreed to all terms contained herein.
16.2. Applicable Law. These Terms of Use shall be construed and enforced in accordance with the laws of the State of Texas without regard to its conflicts of laws provisions. Similarly, the laws of the State of Texas (again without regard to its conflicts of laws provisions) shall also govern any dispute arising between you and PREAPP. You agree to submit to the personal and subject matter jurisdiction of the courts located within the State of Texas. You also agree the venue for any action, dispute or proceeding with respect to this Agreement or any dispute between you and PREAPP shall be resolved in Harris County, Texas. You further waive all defenses to the contrary including, but not limited to, lack of personal jurisdiction or forum non conveniens.
16.3. Arbitration Clause.
16.3.1. Any dispute, claim, or controversy arising out of these Terms of Use, and/or the Services will be settled by arbitration in Harris County, Texas. Such arbitration shall be conducted in accordance with the rules of JAMS or then-existing equivalent. The party requesting arbitration shall serve upon the other party a notice demanding arbitration and a description of the issue or issues to be arbitrated. Any award issued as a result of the arbitration may be entered as a final judgment or order in any court of competent jurisdiction and enforced accordingly. All costs and expenses of the arbitration, including reasonable legal fees (including, but not limited to, attorney’s fees, paralegal fees, etc.), shall be allocated among the parties as determined by the arbitrator.
16.3.2. The arbitration will be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures, as amended by these Terms of Service. If there is a hearing, the arbitrator will conduct that hearing by remote electronic 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 the arbitrator, you or Company so requests, an in-person meeting may be conducted in lieu of by electronic means. Any such in- person meetings will be held at a location in Houston, Texas. If you, Company and the arbitrator are unable to agree upon a mutually convenient location in Houston, Texas; then the arbitrator will decide the location in Houston, Texas. The arbitrator’s decision will follow these Terms of Service and will be final and binding. The arbitrator will have the authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms of Service, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed by and enforced in any court having jurisdiction. The courts of the state of Texas (venue in Houston, Texas) will have exclusive jurisdiction to settle any claim, dispute or matter of difference that may arise out of or in connection with the arbitration. Nothing in these Terms of Service preclude you from bringing issues to the attention of appropriate local, state or federal government agencies. If applicable law allows, such agencies may be able to seek relief on your behalf.
16.4. Class Action Waived. You expressly waive a right to join any class action.
16.5. Email Communications. Please note that electronic messages you send us by electronic mail may not be secure. Consequently, we recommend that you do not send any confidential information to us by electronic mail. If you choose to send confidential information to us by electronic mail, you accept all risks that such information may be intercepted by a third party.
16.6. Entire Agreement. The Parties agree that the Terms of Use as it shall be modified from time to time constitutes the full and complete understanding among them with respect to the subject matter hereof and supersedes and preempts any prior understandings, agreements, or representations by or among the Parties, written or oral, which may have related to the subject matter hereof in any way. You may not rely on any other statements, promises, or agreements by any party, whether written or oral, that alters or contradicts the terms of this Terms of Use.
16.7. Force Majeure. Company is not liable for failing to perform under these Terms of Service by the occurrence of any event beyond its reasonable control, including a labor disturbance, Internet outage or interruption of services, a communications outage, failure of a communications service provider, fire, terrorism, natural disaster, war, or cyberattack.
16.8. Incorporation Clause. This Terms of Use expressly incorporates the terms provided for in PREAPP’s Privacy and Security Policy.
16.9. Independent Parties. You and PREAPP are independent parties and nothing contained in these Terms of Use shall be construed or implied to create any agency or partnership between you and PREAPP. At no time shall you or PREAPP act as an agent for or make commitments for or in the name of the other party.
16.10. Jury Trial Waived. As provided in the Arbitration Clause above, you acknowledge that all disputes with PREAPP shall be resolved through arbitration. Should any arbitration or court find such restriction unenforceable and/or should any dispute appear before a court, you expressly waive any right to a jury trial in any action against PREAPP for any claims related to the Services. In fact, by using the Services and agreeing to these Terms of Use, you expressly agree that you shall not be permitted to obtain a jury trial in any action against PREAPP.
16.11. Paragraph and Section Headings. Paragraph and Section headings are for convenience only and shall not be used to construe the Terms of Use or otherwise be given any legal effect.
16.12. Reasonableness. The Parties have read each of the terms in the Terms of Use and consider each of them, including all subparts, to be reasonable.
16.13. Savings Clause. In the event that any provision of the Terms of Use is held to be void or unenforceable by a Court of competent jurisdiction, the remaining provisions of the Terms of Use shall nevertheless be binding upon the Parties with the same effect as though the void or unenforceable part had been deleted. Further, any provision held to be void or unenforceable by a Court of competent jurisdiction shall be construed, if possible, to give effect to the Parties’ intent. The Parties agree that any such provision, in its form so modified by the court, shall then be enforceable and shall be enforced.
16.14. Statute of Limitations. To the extent permitted by law, any claim or cause of action arising out of or related to use of the Services shall be filed within one (1) year after such claim or cause of action arose. To the extent permitted by law and as applicable, the doctrine of “continuous publication” shall apply to this Terms of Use.
16.15. Survival. The following sections having the following headings survive any termination of these Terms of Service: Disputes, Warranty Disclaimer, Indemnification, Limitation of Liability. Other sections, by their nature, may also survive any termination of these Terms of Service including, but not limited to, our privacy and security policy, any terms relating to confidentiality, and all terms associated with the Financial Modernization Act or Gramm-Leech-Bliley Act.
16.16. Waiver.
16.16.1. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
16.16.2. The failure of PREAPP to insist, in any one or more instances, upon the performance of any of the terms of this Agreement or to exercise any right hereunder shall not be construed as a waiver of the future performance of any such term or the future exercise of such right.
16.16.3. No PREAPP employee, agent, or representative, including, without limitation, a customer service representative, shall be entitled to waive any term of the Terms of Use or any other PREAPP agreement or policy.
16.17. Notices.
Notices by PREAPP to you for any reason (including changes to this Agreement, the Services, the fees, or other similar matters) may be provided by a general posting at https://preapp1003.com. Notices by you to PREAPP may be given through electronic mail to support@PreApp1003.com unless otherwise specified in these Terms of Use. Without receiving a confirmation email back from PREAPP, you may not assume that your notice has been received.
16.18. Restricted Locations.
16.18.1. The Services may not be accessed, viewed, downloaded or otherwise used in any country or location in which doing so would or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.
16.18.2. The Services may not be used within and are not directed at any country or region currently embargoed by the United States. By using the Services, you agree to the foregoing and you warrant that you are not located in, or under the control of, or a national or resident of any such country or region.
16.18.3. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
16.19. Revisions to Terms of Use.
16.19.1. PREAPP reserves the right to revise, amend, or modify these Terms of Use, our Privacy and Security Policy, and other policies and agreements at any time and in any manner.
16.19.2. PREAPP shall provide notice of such changes by posting the revised policies to the applicable PREAPP owned websites and by either (a) providing you a message the next time you login into your account or (b) sending you electronic mail to the email address you provided when creating your account.
16.19.3. With respect to this Terms of Use, you should visit our website at https://preapp1003.com from time to time to review the then-current terms. At any time, the current-posted policies govern and shall be binding.
16.19.4. By continuing to use the Services subsequent to any change in these Terms of Use, including accessing the Services, you agree to be bound by the terms contained in the most recent version of these Terms of Use.
You acknowledge and agree that the form and nature of the services that PREAPP provides may change from time to time without prior notice to you. Unless explicitly stated otherwise, any new feature that augments or enhances the current Website and/or Website Services shall be subject to these Terms of Use.
Should you have any questions, please feel free to contact us. Moreover, should you learn of any violation of these Terms of Use by any party, we request that you inform us promptly. You can send or text HELP to 33655. Optionally, you may send a detailed message to support@preapp1003.com or call toll free (832) 915-5362. You may also contact PREAPP by writing to PREAPP, Attn. Customer Service Department, 210 Osyssey Dr. Suite A, Webster, TX 77598.
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