LoanBack Terms and Conditions of Service (Last Updated: 9/22/10)

Welcome to the LoanBack website. Please read these Terms and Conditions carefully before using the Site. By viewing or otherwise using the LoanBack web site, you are agreeing to be bound by the following terms and conditions.

Basic Terms of Use

1. Purpose: The purpose of the LoanBack website is to provide documentation and record keeping for private party financial transactions. LoanBack does not handle money, provide loans, or act in any way as a money transmitter, bank, or lender of any kind. The Site and Services are available for use only by individuals for non-commercial use. LoanBack’s Site, products, and services are not a substitute for the advice of a local, licensed attorney.
2. Credit Reporting: LoanBack does not report payment history to national credit bureaus for accounts that are serviced by LoanBack. LoanBack does not provide credit checking services for LoanBack users. Users contract to lend and borrow funds wholly at their own risk, and without guarantee as conduct of parties, creditworthiness, or the reasonableness of terms inserted by users.
3. UCC Financing Statements: LoanBack does not guarantee or warrant the validity of title or priority of liens to any property exchange through use of our services. Requirements governing the reporting and perfecting of security interests varies from state-to-state. While the filing of UCC Financing Statements is generally recommended for the perfection of a non-real estate security interest, LoanBack recommends consulting the rules of your individual state to assure proper reporting or filing. It is the responsibility of the parties to take all measures and steps necessary to perfect the security interest on secured notes according to the applicable laws of their jurisdiction.
4. Debt Collection: LoanBack is not a debt collector. LoanBack provides no services regarding the enforcement of payment due between parties through the use of its services.
5. Interest Rates: You are solely responsible for determining the interest rates applied to any loan serviced by LoanBack, including knowledge of all federal, state, and local regulations that may apply to the type and size of the loan, the collateral used, and the relationship of the parties contracting.
6. Compliance with the Law: You are solely and exclusively responsible for complying with all laws in your local jurisdiction, including notices, filing, applicable law based on the character or amount of the loan, the character of the security, the relationship of the contracting parties, the duration of the loan, etc.LoanBack has endeavored to provide easy-to-use and templates designed to produce contracts of a reasonable level of enforceability for common constructions of lending arrangements. Consultation with licensed local counsel and the laws of the specific jurisdiction, however, is the sole way to assure enforceability of contract terms and compliance with applicable laws.
7. Legal Advice/Services: LoanBack cannot provide legal advice in any state or jurisdiction; the LoanBack Site, products, and services provide only self-help services at the direction of the user/consumer. It is impermissible for LoanBack or any of its employees or representatives to engage in the practice of law in any state or jurisdiction. As such, LoanBack is not able to provide any kind of explanation, opinion, or recommendation to a user/consumer regarding strategies, selection of forms, or legal options, rights, remedies, or defenses.
8. Legal Representation and Relationship: LoanBack is not an attorney, a collection of attorneys, or a law firm. The use of LoanBack’s Site, products, or services does not create an attorney-client relationship, nor does LoanBack ever function as representation for any user/consumer. In utilizing LoanBack’s Site, products, or services, a user/consumer is representing himself or herself.
9. Patriot Act Verification: LoanBack is not a “money transmitter” as defined by federal law. Nevertheless, LoanBack is a repository of documents and information regarding money-related transactions and may, accordingly, be required to provide certain account and activity information to the federal government, and/or government or law enforcement agencies. See LoanBack’s Privacy Policy for a full disclosure of LoanBack’s handling of your personal information.
10. Personal Conduct:
    1. You must not impersonate any person or otherwise misrepresent your affiliation with any person or entity.
    2. You must not use multiple registrations with or without multiple identities, different contact information or different bank information for any reason, whether or not such conduct is or is not permitted by civil or criminal law.
    3. You must not provide LoanBack with any false or incorrect contact information, whether or not such information is provided purposefully, negligently or intentionally.
    4. You must not abuse, harass, threaten, impersonate, intimidate, slander, stalk, or otherwise harm in any way any LoanBack member, employee, or other persons connected to LoanBack.
    5. You must not modify, adapt, or hack LoanBack or modify another website so as to falsely state or imply that it is associated with LoanBack.
    6. You may not use LoanBack for any illegal or unauthorized purpose.
    7. You must not, in the use of LoanBack, violate any laws in your jurisdiction (including but not limited to finance and lending laws), whether or not intentional. It is the responsibility of the user to ensure terms, subject matter, and relationship of parties is in compliance with applicable federal and local laws.
    8. You must not tamper, hack, or modify or otherwise corrupt the security functionality of LoanBack’s services or its website.
    9. You may not use the Site and Services and may not accept the Terms if (a) you are not of legal age to enter into a contract, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.

General Conditions

11. Change of Conditions: We reserve the right to alter these Terms and Conditions of Use at any time. We will notify you of any changes (excluding changes to items enumerating in General Condition 13) by posting a notice of changes on the front page of our website and link to the updated version on the website. We encourage all users to periodically review these Terms and Conditions of Use when using the LoanBack website to see if there have been any changes.
12. Change of Pricing/Services: LoanBack reserves the right to change its pricing, services, and means of providing service at any time, without notice.
13. Refusal of Service. We reserve the right to refuse service to anyone, for any reason, at any time.
14. Termination of Services:
    1. LoanBack reserves the right to terminate services with any user, at any time, for violation of these Terms and Conditions of Use.
    2. LoanBack reserves the right to terminate services with any user for any reason. LoanBack will use reasonable efforts to notify its user of any intent to terminate within ten (10) days of the termination notice.
    3. User may terminate any services as specified in the individual service agreements.
15. Privacy Policy: LoanBack believes in the privacy of your personal information. LoanBack has adopted, and posted, its Privacy Policy on its website. Any violation of LoanBack’s Privacy Policy is a violation of these Terms and Conditions of Use and will result in the termination of your LoanBack account.
16. Electronic Communication: You hereby consent to receive by electronic means this Agreement and any and all disclosures and/or notices required to be given by applicable law or regulation. You further consent to allow LoanBack to respond to any inquiries via email, regardless of the format of the original inquiry.
17. Copyright: All LoanBack website materials, including – without limitation – the LoanBack logo, design, text, graphics, source code and other files and the selection and arrangement thereof (collectively “Content”) are either ALL RIGHTS RESERVED Copyright © 2009 or are the proprietary property of LoanBack. You may electronically copy and print to hard copy portions of the LoanBack website for the sole purpose of using materials it contains for informational and non-commercial, personal use only, provided that you keep all copyright or other proprietary notices intact. Any other use of Content, including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display or performance, without the prior written permission of LoanBack is strictly prohibited.
18. Trademarks: “LoanBack.com”, “LoanBack” and all other trademarks on LoanBack website are either trademarks or registered trademarks of LoanBack and may not be copied, imitated, or used in whole or in part, without the prior written permission of LoanBack. All other trademarks registered, product names and company names or logos mentioned on the website are the property of their respective owners and subject to that individual owner’s rights and restrictions.
19. Intellectual Property: LoanBack may have other patents, patent applications, trademarks, copyrights, or other intellectual property rights covering the subject matter in any web pages, and any software that are part of the website. Unless LoanBack has granted you licenses to its intellectual property, LoanBack’s act of providing you with such web pages or software does not give you any license to its intellectual property. Any rights not expressly granted herein are reserved.
20. Hyperlinks: You are granted a limited, nonexclusive right to create a hyperlink to the homepage of LoanBack’s website only, provided such link does not portray LoanBack, its users or any of its products and services in a false, misleading, disparaging, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any LoanBack trademark, logo or other proprietary information, including the images found at the LoanBack website, the content of any text or the layout/design of any page or form contained on any page of the LoanBack website, without LoanBack’s express written consent. Except as noted above, you are not conveyed any right or license, by implication, estoppel, or otherwise, in or under any patent, trademark, copyright or proprietary right of LoanBack or any third party.
21. Third-Party Services: LoanBack may provide hyperlinks to sites and content of third parties (“Third-Party Content”) as a service to those interested in this information. LoanBack does not monitor nor does LoanBack have control over any Third-Party Content. LoanBack does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness or to the degree such information may be current. LoanBack does not warrant the accuracy of any information contained on, and undertakes no responsibility to update or review, any Third-Party Content. Users use these hyperlinks and any Third-Party Content contained therein wholly at their own risk.
22. Disclaimer:
    1. LOANBACK IS NOT A LAW FIRM AND IS NOT AUTHORIZED TO PROVIDE LEGAL ADVICE IN ANY JURISDICTION. USER IS SOLELY RESPONSIBLE FOR VERIFYING THAT THE TERMS OF THE AGREEMENTS, INCLUDING INTEREST RATES, THE CHARACTER OF THE SECURITY INSTRUMENT, AND ANY OTHER TERMS ARE LEGALLY ENFORCEABLE IN A SPECIFIC JURISDICTION. CONSULTATION WITH LOCAL, LICENSED COUNSEL IS THE SOLE WAY TO ASSURE COMPLIANCE WITH ALL APPLICABLE LAWS AND ENFORCEABILITY OF CONTRACTS UNDER THOSE LAWS.
    2. IN AGREEING TO THESE TERMS OF USE, USERS AFFIRM THEIR UNDERSTANDING THAT REGULATIONS CAN CHANGE QUICKLY, VARY SIGNIFICANTLY FROM JURISDICTION TO JURISDICTION, AND DIFFER DEPENDING ON THE TERMS OF THE CONTRACTS INSERTED BY THE USER. AS A RESULT, IT WOULD BE VIRTUALLY IMPOSSIBLE TO GENERATE A TEMPLATE CONTRACT THAT COULD ASSURE COMPLETE ENFORCEABILITY OF THE CONTRACT TERMS, IN EVERY JURISDICTION, WITHOUT SUBSEQUENT REVIEW OF COMPLETED CONTRACTS BY QUALIFIED COUNSEL.
    3. THE LOANBACK WEBSITE AND THE CONTENT AVAILABLE ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
    4. LOANBACK disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
    5. Loanback does not represent or warrant that materials on this website are accurate, complete, reliable, current, or error-free. Loanback does not represent or warrant that this website or its server(s) are free of viruses or other harmful components.
    6. You, as a user of any LoanBack product, acknowledge that your use of this website and its content is at your sole risk.
    7. Subject to the applicability of the laws of your jurisdiction, your complete acceptance of each of these Terms and Conditions of Use, and these Terms and Conditions as a whole, is a prerequisite to use of any LoanBack product. The unenforceability or invalidity of one Term or Condition shall not affect the enforceability of validity of any and all remaining Terms or Conditions.
23. Limitation of Liability: In no event shall loanback or its affiliates, officers, directors, employees, agents, suppliers, or licensors be liable for any direct, special, incidental, indirect, or consequential damages, or any other damages of any kind, including but not limited to, loss of use, loss of profits or loss of data, whether in an action in contract, tort (including, but not limited to, negligence) or otherwise, arising out of or in any way connected with the use of, or inability to use, this website or content contained on, or accessed through, this website, even if loanback has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so, some of the above may not apply to you. Insofar as one or more of these exclusions may not apply to you, depending on the laws of your jurisdiction, the remaining provisions shall be deemed severable from the inoperable provisions, and the invalidity or unenforceability of one or more provisions shall not affect the validity or enforceability of the remaining provisions.
24. Indemnification: You agree to defend, indemnify, and hold harmless LoanBack and its affiliates, officers, directors, agents, and licensors from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the LoanBack website and its services and products.
25. Applicable Law: These Terms and Conditions of Service shall be governed by and construed in accordance with the laws of the State of California, without regard to its choice of law principles to the contrary. In agreeing to these Terms and Conditions of Use, you agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only the state and federal courts residing in Santa Clara County in the State of California, and you hereby irrevocably, and unconditionally consent and submit to exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Notice.
26. Severability: If any provision in these Terms and Conditions of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
27. Entire Agreement: These Terms and Conditions of Service, and any other policies, terms, and conditions explicitly referenced and incorporated herein, set for the entire Agreement between you (as a user) and LoanBack, and supersedes any prior communications, understandings, and agreements.
28. Refund Policy: We will honor refunds within 30 days from the date of purchase. Please contact us directly for refund inquiries by emailing [email protected].