NNVOY, LLC (collectively “LenderMatrix.com,” “LenderMatrix,” “we,” “us,” or “our”) provide these Terms and Conditions that that covers the LenderMatrix website located at www.LenderMatrix.com and all associated sub-domains (example.LenderMatrix.com).
All questions concerning this Agreement should be directed to LenderMatrix Support at Support@LenderMatrix.com or by mail to: NNVOY, LLC | LenderMatrix, PO BOX 596, Orangevale, CA 95662.
LenderMatrix may update these terms and conditions at any time and without notice. The latest version of the terms and conditions is available on the LenderMatrix website.
Membership privileges are granted by LenderMatrix to individuals exclusively and are granted specifically to the subscribing registered member only. No employee, independent contractor, agent, or affiliate of a competing service is permitted to access the LenderMatrix website without express written permission from LenderMatrix, and by registering for a membership, you represent and warrant that you are not a competitor of LenderMatrix or acting on behalf of a competitor of LenderMatrix in registering for and accessing the Service. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of LenderMatrix. By completing the registration process, User represents and warrants that the information provided is true, accurate, complete, and current. LenderMatrix requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the LenderMatrix website. Members are not permitted to share their individual logon information with others. LenderMatrix has the right to refuse service to any member, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the terms and conditions herein, refuses to abide by the Listing Policies as posted and displayed on the LenderMatrix website, or abuses their rights related to the LenderMatrix Service.
Upon registration, which is free, User becomes a FREE Member. A FREE Member may search LenderMatrix’s Listings and will receive a subset of results matching the User’s search parameters. FREE Members can submit unlimited Basic Listings. Users may elect to upgrade to, or utilize paid Listings which are subject to LenderMatrix’s Pricing Schedule and Listing Policy (below). LenderMatrix’s most recent Pricing Schedule can be found at: https://420loans.com/blog/advertise/#pricing.
LenderMatrix utilizes email as a vital and primary communication channel with Users. All Users (registered or not) hereby acknowledge and grant LenderMatrix and other users of LenderMatrix the permission to communicate with Users via email (as well as other communication channel such as phone and fax) for any purposes LenderMatrix determines to be relevant including, but not limited to, system messages, product updates, service announcements, and other marketing messages. LenderMatrix will use best efforts to honor User’s request to opt out of marketing messages, but under no circumstances will LenderMatrix have any liability for sending any email to its registered users/customers. By becoming a member of LenderMatrix, you acknowledge and agree that LenderMatrix may record telephone and other electronic communications it has with you for LenderMatrix internal business purposes, including but not limited to training and quality assurance purposes.
Submission and Administration of Listings:
User has and shall have the opportunity to submit to LenderMatrix, Listings, which may include photographs, images, videos (which may include sound and/or music), graphics, financial data and information, product details, qualifying criteria, biographical details, contact, or other information (collectively, “Submitted Content”). You represent and warrant that (a) you own or have the full right, power and authority to grant to LenderMatrix use of and rights in and to all Submitted Content that you upload, post, e-mail or otherwise transmit to LenderMatrix; (b) your license of such content to LenderMatrix hereunder does not, and the use or license of such content by LenderMatrix to third parties will not, infringe any right or interest owned or possessed by any third-party; and (c) there are no claims, judgments or settlements to be paid by you, or pending claims or litigation, relating to such content. With respect to all Submitted Content you have uploaded in the past or elect to upload in the future, post, e-mail or otherwise transmit to or via the Service, LenderMatrix acknowledges that you retain any applicable ownership rights that you may have with respect to the Submitted Content. You nonetheless grant LenderMatrix and their licensees a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license (through multiple tiers) to use, reproduce, adapt, perform, display, publish, translate, prepare derivative works from, modify, distribute, sell, and take any other action with respect to all such Submitted Content (in whole or part), whether submitted in the past or in the future, and/or to incorporate it in other works in any form, media, or technology now known or later developed. You further acknowledge and agree that LenderMatrix may preserve any such Submitted Content, whether submitted in the past or in the future, and may also disclose such Submitted Content in its sole discretion. User agrees not to submit any Submitted Content to LenderMatrix unless the User has received all necessary rights and authorizations, including from the photographer or videographer and/or copyright owner of any photographs or videos, to publish and advertise the Submitted Content on the User’s website or on LenderMatrix’s website. Specifically, User will not submit a photograph if User received the photograph from a third-party information provider under the terms of a license that does not allow posting of such photograph or video on the LenderMatrix website. Users may only submit videos personally created by User or User’s direct employees. Users may not upload or otherwise submit videos created or produced by third-party video tour providers. LenderMatrix may, in its sole discretion but without any obligation to search for such, remove Listings that are alleged to have been submitted in violation of this provision. In addition, LenderMatrix may require additional evidence of compliance with this provision from Users who are alleged to have submitted Listings, Submitted Content, or other information in violation of this Agreement. LenderMatrix will, in its sole discretion, terminate the accounts of, and refuse service to, any User who repeatedly or knowingly violates this Agreement. User agrees to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active Listings on the LenderMatrix website. User shall not use robot, spider, or other automated service to submit listings on the LenderMatrix website. Additionally, the User agrees to allow submitted Listings and Submitted Content, or any part therein, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the User’s website, the LenderMatrix website and other LenderMatrix partner or affiliate websites. LenderMatrix shall have the sole authority to choose the manner in which any Listing will be searched, displayed, accessed, downloaded, copied, and otherwise used on the LenderMatrix website and shall have the right to modify the Listing in the exercise of its rights under this Agreement. The User (a) represents and warrants that all Listings and associated information provided by the User, including Submitted Content, will be accurate; (b) agrees to always administer the Listings and Submitted Content and maintain their accuracy. LenderMatrix reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Listings posted on the User’s website or on the LenderMatrix website. The User is entirely responsible, and LenderMatrix accepts no responsibility, for the Submitted Content from the User. While LenderMatrix shall take all reasonable efforts for data backup and business resumption, the User will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to LenderMatrix. LenderMatrix may add digital watermarks to certain parts of your Listings, including photographs. We add these digital watermarks to protect against the copying or further distribution of your photographs without your permission. User agrees that LenderMatrix may adjust portions of the information contained within the Service.
Licensing and Legal Compliance:
Any User who submits Listings to LenderMatrix Service hereby represents and warrants that User is validly licensed as required by law either and is in compliance with applicable requirements in all jurisdictions (including, but not limited to local, state, and federal) in which User is required to be licensed. LenderMatrix may, in its sole discretion, but without any obligation to verify the licensure of such User (individual or company) and remove from the Service any User whom LenderMatrix believes is not a licensed in an applicable jurisdiction. LenderMatrix may in its sole discretion, terminate the accounts of, and refuse services to, any User who repeatedly or knowingly misrepresents it’s licensed. LenderMatrix does not and shall not have any obligation to independently verify the licensure of Users on the Service. It is your responsibility to confirm the licensed status of any User or Listing listed on the LenderMatrix Service.
LenderMatrix reserves the right to, at their sole discretion; remove or edit Submitted Content that violates any of the following terms:
- Submitted Content must be compliant and relevant to LenderMatrix.
- Submitted Content must not be for consumer financial products, including, but not limited to, owner-occupied mortgages, consumer credit, or any other financial product that utilizes an individual’s primary residence as collateral.
- Submitted Content must not constitute, facilitate, or promote illegal products, services or activities.
- Submitted Content must not discriminate or encourage discrimination against people based on personal attributes such as race, ethnicity, color, national origin, religion, age, sex, sexual orientation, gender identity, family status, disability, medical or genetic condition.
- Submitted Content must not promote the sale or use of tobacco products and related paraphernalia.
- Submitted Content must not promote the sale or use of illegal, prescription, or recreational drugs.
- Submitted Content must not promote the sale or use of weapons, ammunition, or explosives.
- Submitted Content must not promote the sale or use of unsafe supplements,
- Submitted Content must not promote any competing or similar service
- Submitted Content must not contain adult content. This includes nudity, depictions of people in explicit or suggestive positions, or activities that are overly suggestive or sexually provocative.
- Submitted Content must not contain content that infringes upon or violates the rights of any third-party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. To report content that you feel may infringe upon or violate your rights, please check LenderMatrix Support at Support@LenderMatrix.com.
- Submitted Content must not promote the sale or use of adult products or services
- Submitted Content must not contain shocking, sensational, disrespectful or excessively violent content.
- Submitted Content must not contain content that asserts or implies personal attributes. This includes direct or indirect assertions or implications about a person’s race, ethnic origin, religion, beliefs, age, sexual orientation or practices, gender identity, disability, medical condition (including physical or mental health), financial status, membership in a trade union, criminal record, or name.
- Submitted Content, landing pages, and business practices must not contain deceptive, false, or misleading content, including deceptive claims, offers, or methods.
- Submitted Content must not contain content that exploits controversial political or social issues for commercial purposes.
- Submitted Content must not direct people to non-functional landing pages. This includes landing page content that interferes with a person’s ability to navigate away from the page.
- Submitted Content must not contain profanity or bad grammar and punctuation. Symbols, numbers, and letters must be used properly.
- Submitted Content must not contain images that portray nonexistent functionality.
- Submitted Content promoting income opportunities must fully describe the associated product or business model, and must not promote business models offering quick compensation for little investment, including multilevel marketing opportunities.
- Submitted Content must not contain content leading to external landing pages that provide an unexpected or disruptive experience. This includes misleading ad positioning, such as overly sensationalized headlines, and leading people to landing pages that contain minimal original content and a majority of unrelated or low quality ad content.
- Submitted Content must not contain spyware, malware, or any software that results in an unexpected or deceptive experience. This includes links to sites containing these products.
Use of Information:
User agrees to treat all information obtained from the Service, including listings, member directory, and any information otherwise made available to User in the Service (individually and collectively, the “Content”) as proprietary to LenderMatrix. User agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of LenderMatrix. LenderMatrix does not ensure the accuracy of, endorse or recommend any Content and User uses such Content at the User’s own risk. User may access the Content solely to obtain initial information from which further evaluation and investigation may commence.
INFORMATION PROVIDED BY LENDERMATRIX ONLY, CUSTOMER SHOULD CONSULT AN APPROPRIATE PROFESSIONAL TO VERIFY INFORMATION OBTAINED FROM THE SERVICE.
User shall limit access to, and use of, and shall not use any information obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. User shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to User in the Service, for or in connection with any other listing service or device. User further shall not use the Service in any other manner for or in connection with any other listing service or device. User shall not use the LenderMatrix Service as part of any effort to compete with LenderMatrix, including without limitation using the LenderMatrix Service to provide, alone or in combination with any other product or service, any database services to any third-party or any use that causes a reduction or loss from an existing or potential LenderMatrix customer, nor shall User remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the LenderMatrix Service. User shall not use any robot, spider or other automated process to submit listings, monitor, data mine (scrape) or copy LenderMatrix products, services or information; decompile, decode or reverse engineer LenderMatrix software; or use LenderMatrix products or services in an unlawful manner, such as for offensive, abusive, tortious, libelous, defamatory, or other illegal purposes.
Members, registered Users are required to maintain the confidentiality of all logins and passwords. You are responsible for the activities that occur under your account, login or password. LenderMatrix is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your account, logon information or password and/or failure to comply with the terms and conditions set forth in the Membership Privileges, Use of Information or Ownership and License Grant sections of this agreement that relate to confidentiality of account, logon or password information.
SUBSCRIPTIONS AND PAID SERVICES
Once you have completed any applicable free trial, promotional period, or exceeded any limits described on the applicable Pricing Schedule (the “Pricing Schedule”), you will be subject to fees in accordance with any Pricing Schedule. Applicable fees for the Service will be billed monthly, even if you are not actively using the Service (unless you have pre-paid for services in accordance to the Pricing Schedule). The Pricing Schedule is subject to change at any time in LenderMatrix’s sole discretion, and if you do not agree to any such changes, you should contact us to cancel your account. We will use good faith efforts to notify you prior to the effectiveness of any significant change to the applicable Pricing Schedule, but you are responsible for reviewing the applicable Pricing Schedule from time to time and remaining aware of the fees charged by us and any applicable discounts. You acknowledge and agree that our measurements are the definitive measurements for payment due and owed hereunder. LenderMatrix’s most recent Pricing Schedule can be found at: https://420loans.com/blog/advertise/#pricing.
Notwithstanding anything set forth herein to the contrary, any disputes about any charges to you under this Agreement must be submitted to us in writing to Support@LenderMatrix.com within 30 days of the date such charges are incurred. You agree to waive all disputes not brought within the 30 day period, and all such charges will be final and not subject to challenge.
User agrees to pay for all products or services ordered through the LenderMatrix website or via the LenderMatrix sales team using the payment method indicated and provides LenderMatrix express authorization to charge said fees to the User’s payment provider at time of purchase or renewal. Fees owed depend on the specific type and quantity of LenderMatrix products, services, information, or deliverables (collectively “Deliverables”) ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by User. If payment is not current, LenderMatrix may immediately cease to provide any and all Deliverables to the User. The fees do not include sales, use, excise or any other taxes or fees now or hereafter imposed by any governmental authority with respect to the Deliverables. At LenderMatrix’s option, User shall pay such taxes or fees directly or pay to LenderMatrix any such taxes or fees immediately upon invoicing by LenderMatrix. LenderMatrix is required to collect sales tax on purchases in select states. Recurring charges will include sales tax in accordance with applicable laws of your state. To view your billing information, visit My Account. The fees paid for monthly subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the then-current monthly billing period. Discounts received via a product bundle are subject to removal when product(s) in bundle are canceled. No partial month refunds will be provided.
Monthly subscriptions and or/ paid advertisement fees will automatically renew using the User’s current PayPal and/or credit card account number unless User or LenderMatrix cancels their subscription three (3) days prior to the renewal date. User cancellations shall be made by deleting your paid advertisements or by emailing Support@LenderMatrix.com. All cancellation and non-renewal requests by User will be processed within five (5) business days. Once the cancellation is processed, a confirmation email will be sent via the User’s email account on record with LenderMatrix.
If User has a question about a cancellation, User should contact LenderMatrix Support at Support@LenderMatrix.com. LenderMatrix reserves the right to change its fees or billing methods at any time. LenderMatrix will provide timely notice to the affected Users of any such changes.
It is the User’s responsibility to promptly provide LenderMatrix with any contact or billing information changes or updates (including phone number, email address, credit card numbers, PayPal information, etc.). Account updates should be made online via the “Profile” tab once User has logged into www.LenderMatrix.com.
The User must notify LenderMatrix about any billing problems or discrepancies within 30 days after charges first appear on their Account Statement. If it is not brought to LenderMatrix’s attention within 30 days, User agrees to waive their right to dispute such problems or discrepancies.
Right to Subcontract:
LenderMatrix, in its sole discretion, may subcontract or delegate to an affiliate or third-party any of its duties, obligations, or services offered without limitation or notification to the User.
Unsolicited Commercial Email (SPAM):
LenderMatrix prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). Users may not use the services that LenderMatrix offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. User agrees to send email only to those who have given User consent or with whom User has an established business relationship. LenderMatrix has the right to revoke the privileges of any customer, user, or entity that breaches these terms.
LenderMatrix reserves the right to terminate or suspend a User’s membership and/or services upon a good faith determination of a violation of this Agreement or any material provision of another agreement between the parties or their affiliates. Cause for termination includes, but is not limited to, breaches or violations of the Terms and Conditions, requests by law enforcement, fraudulent or illegal activity by the User, discontinuance or material modification of LenderMatrix services, nonpayment of fees owed by a User in connection with LenderMatrix or its affiliates’ services, account inactivity or technical or security issues. Upon termination, LenderMatrix shall have no obligation to maintain or forward any content in your account.
Ownership and License Grant:
LenderMatrix retains all rights (including Intellectual Property Rights as defined below), title and interest in the LenderMatrix Website and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. User will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of LenderMatrix’s technology or delete or alter author attributes or copyright notices. User shall use the LenderMatrix system solely for their own individual use and shall not share passwords with others or allow others to use the LenderMatrix system under or through that User’s login ID/email and password.
Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
Limitation of Liability and Indemnification:
IN NO EVENT SHALL LENDERMATRIX BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY THE CUSTOMER ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER VIRUSES, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF LENDERMATRIX’S SERVICES, LISTING FUNCTIONALITY OR CUSTOMER’S FAILURE TO KEEP CUSTOMER’S LOGIN AND/OR PASSWORD SECURE AND CONFIDENT) ARISING OUT OF THIS AGREEMENT. User’s exclusive remedy, and LenderMatrix’s entire liability under this Agreement shall be a refund to User of the fees paid to LenderMatrix hereunder, and in no event will LenderMatrix’s liability for any reason exceed such fee. LenderMatrix (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from User’s use of the Deliverables, and User shall indemnify LenderMatrix (and LenderMatrix’s officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys’ fees) as a result of a claim by any person other than User arising from User’s use or application of the Services or the Deliverables. Some jurisdictions do not allow the exclusion of liability for certain damages. As a result, some of the exclusions above may not apply to you.
LISTINGS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. LENDERMATRIX MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS AND PROFESSIONAL PROFILES, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND LENDERMATRIX SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NO INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBRANCES’ OR LIENS, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. LENDERMATRIX MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO LENDERMATRIX’S SERVICES WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM LENDERMATRIX’S WEBSITE ARE ACCESSED AT CUSTOMER’S OWN DISCRETION AND RISK, AND CUSTOMER WAIVES ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO CUSTOMER’S COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOAD OF SUBMITTED CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LENDERMATRIX OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.
Links to Third-Party Sites:
If you believe that your work has been copied onto LenderMatrix in a way that constitutes copyright infringement, please provide LenderMatrix’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying LenderMatrix that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on LenderMatrix, with identifying information for the listing, if applicable;
- Your address, telephone number, and e-mail address;
- 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; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Complaints can be emailed to Support@LenderMatrix.com
We may forward any notice(s) of alleged infringement pursuant to this Section to the person(s) who provided the allegedly infringing content.
NNVOY, LLC will not be liable in any way for copyright violations as a result of content submitted to the service, the User agrees to resolve and pay any monetary damages to NNVOY, LLC as a result of copyright violations.
Governing Law; User Right to Arbitrate:
This Agreement, and the Deliverables provided by LenderMatrix, shall be governed by the laws of the State of California, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Sacramento County, California for the adjudication of any disputes or claims arising out of and/or related to this Agreement. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect.
Should LenderMatrix file or threaten to file a judicial action against User alleging violation of LenderMatrix’s intellectual property rights or violation of use provisions of this Agreement, User may elect to resolve LenderMatrix’s claims through binding arbitration to be governed by the Commercial Arbitration Rules of the American Arbitration Association and to be held in Sacramento County pursuant to the laws of the State of California. Such right must be invoked within twenty (20) days of LenderMatrix’s filing of or threat to file a judicial action. Provided, however, that nothing in this paragraph shall be construed to prohibit or prevent LenderMatrix from requesting any legal or equitable relief or remedy of any kind in an action commenced in state or federal court or in any arbitration proceeding.
Should LenderMatrix file or threaten to file a judicial action against User alleging violation of LenderMatrix’s intellectual property rights or violation of use provisions of this Agreement as they pertain to Premium Lister or Premium Searcher products, User may elect to resolve LenderMatrix’s claims through binding arbitration to be governed by the Commercial Arbitration Rules of the American Arbitration Association and to be held in San Francisco County pursuant to the laws of the State of California. Such right must be invoked within twenty (20) days of LenderMatrix’s filing of or threat to file a judicial action. Provided, however, that nothing in this paragraph shall be construed to prohibit or prevent LenderMatrix from requesting any legal or equitable relief or remedy of any kind in an action commenced in state or federal court or in any arbitration proceeding.
This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by User without the prior written consent of LenderMatrix, which retains the right to withhold consent in its sole discretion.
Waiver and Severability:
The failure of LenderMatrix to exercise or enforce a legal right or remedy contained in the Terms and Conditions does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of the Terms and Conditions is deemed a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, User agrees that the remaining terms and provisions remain in full force and effect.
All notices to LenderMatrix must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to Chief Executive Officer at LenderMatrix.
Notices shall be sent to the following address:
NNVOY, LLC | LenderMatrix.com
PO Box 596
Orangevale, CA 95662
E-Mail Address: Support@LenderMatrix.com
The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.
NO APPROVAL OR ENDORSEMENT:
The User acknowledges that LenderMatrix does not approve, endorse, or sponsor any product or service other than those that are directly affiliated with LenderMatrix. The User will not make any representation that LenderMatrix approves, endorses or sponsors any of the Users products or services; however, the User may state that they are a “LenderMatrix Professional” indicating that they receive paid services from LenderMatrix. Nothing in this Agreement shall be construed to mean or imply that the User has any license to use any LenderMatrix trademark, service mark, logo or trade name unless otherwise specified in this agreement or in writing.
If LenderMatrix finds it necessary to proceed with legal or collection actions, the User will be responsible legal and/or collection fees.
Other Rights of LenderMatrix:
User agrees that LenderMatrix shall have the right to use Listings, Submitted Content, and other information submitted to the Service for any purpose, including without limitation for publication of all or part of such Listings or Submitted Content on the Internet for unrestricted use by LenderMatrix customers and partners including but not limited to social media websites. LenderMatrix shall have sole authority to choose the manner in which any Listing or Submitted Content will be received, displayed and used by the Service, and reserves the right to remove all or any part of a Listing, Submitted Content, or refuse Services to anyone at any time in its sole discretion. LenderMatrix shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the Listings.
LenderMatrix reserves the right to modify or change any and all terms and conditions at any time. The most current copy of these terms and conditions will be posted and available for review on LenderMatrix’s website, located at www.LenderMatrix.com/terms-conditions.