The submission of information to Marathon Mortgage Services Inc. DBA Loanbunker.com (as defined below),
access to, and use of the Loanbunker.com website (located at www.Loanbunker.com), and the real estate
information services provided thereon (collectively, the “Service”) is subject to the following
contractually binding terms and conditions (the “Terms and Conditions” or the “Agreement”).
If you are viewing, using or accessing the Service under a paid subscription, you are a “Customer.” If you are viewing, using, or accessing the Service for free, you are a Customer that is a “User.” These Terms and Conditions refer to Users and Customers collectively as “You.” You may only use the Service if you are at least 18 years old. No employee, independent contractor, agent, or affiliate of any competing real estate information, analytics or listings service is permitted to be a User or a Customer or to view, use, or access the Loanbunker.com website without express written permission from Loanbunker.com. By viewing, using, or accessing the Service, You represent and warrant that You are not a competitor of Loanbunker.com.
By viewing, using or accessing the Service through Loanbunker.com, You agree that these Terms and Conditions are a binding legal agreement between You and Loanbunker.com You also agree to be contractually bound by the Marketing Center Terms and Conditions below.
These Terms are in addition to the Terms of Use and, if applicable, any separate written agreement, including the terms and conditions of such agreement, that covers your use of Loanbunker.com, which together form a legally binding contract between you and Loanbunker.com; provided, however, that the terms and conditions of such written agreement shall control with respect to such service to the extent they conflict with these Terms and the Terms of Use.
By using the Site, you represent and warrant that:
By submitting a listing via Loanbunker.com, you grant to Loanbunker.com, its affiliates, and its parent and related companies, a perpetual and irrevocable license to copy, modify, display, distribute, create derivative works from, or otherwise use and exploit the Content that you submit. The permission you grant Loanbunker.com includes express permission for Loanbunker.com to use and display the listing and Content, or any modification thereof, in the Site and or partner products and sites. In accordance with these Terms, Loanbunker.com grants you a limited, non-exclusive, non-sublicenseable, fully paid, revocable license to use solely within your listing any Loanbunker.com data, photos, descriptions or other information Loanbunker.com may provide to you to enrich your listing through the site.
Violations of these Terms harm the integrity, functionality, and reputation of Loanbunker.com; detract from users’ and our customers’ trust in and use of the Site; and damage the business Loanbunker.com. In Loanbunker.com’s discretion and if feasible, Loanbunker.com may notify you of any violation you have caused and provide you ten (10) days to cure such violation. If such violation is not timely cured or if cure is not feasible, you acknowledge and agree that Loanbunker.com incurs actual damages, which are extremely difficult and/or impossible to quantify, as a result of any violation of these Terms. You agree that it is fair and reasonable for Loanbunker.com, as its option, to recover liquidated damages for past violations in the amount specified below, which represents a reasonable estimate of the actual damages incurred by Loanbunker.com for each such violation you commit and to seek and obtain injunctive relief to prevent future violations. You agree that monetary damages alone would not provide a sufficient remedy to Loanbunker.com for violations of these Terms, and you consent to injunctive or other equitable relief for such violations without the requirement that Loanbunker.com post a bond. You agree specifically that the availability of liquidated damages does not impact Loanbunker.com’s right to obtain injunctive relief. You further acknowledge and agree that the imposition of liquidated damages for each such violation of the Terms is independent and distinct, and that the assessment of total liquidated damages for multiple violations of the Terms is cumulative.
You agree to pay $50,000 per advertisement on the Site that contains false or fraudulent content (including but not limited to false or misleading property location, descriptions, investment information, photos, or contact information.)
In most cases, listings added using the Loanbunker.com will appear on the Site within 24 hours of submission. LOANBUNKER.COM DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES TO YOU REGARDING THE SITE, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE LEGAL SUFFICIENCY OR TAX CONSEQUENCES OF ANY DOCUMENT PROVIDED BY LOANBUNKER.COM, AND ANY REPRESENTATIONS OR WARRANTIES THAT YOU WILL SELL THE LOAN LISTED, ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED INVESTORS, OR RECEIVE ANY INQUIRIES REGARDING YOUR POSTED LOAN. Loanbunker.com reserves the right to, but is under no obligation to and does not assume any obligation to, review listings added using the Site before and/or after they are posted to the Site to confirm information relating to the advertiser and the advertised loan and to investigate complaints and suspicious activity. If Loanbunker.com determines, in its sole and exclusive discretion, that you are engaging in any unfair, deceptive, false, misleading or fraudulent practices, or that your listing violates any laws or guidelines, Loanbunker.com reserves the right to reject or immediately remove your listing from the Site without notice and without liability, as described above.
Agreements and Tools.
By viewing, using or accessing Loanbunker.com, including by using any tool, form or agreement provided on the Site, or by uploading any other form or agreement to the Site, you
These Terms may be modified at any time and such modifications shall take effect upon the posting of the modified Terms on the site. Your continued use of the Site after the posting of any modified Terms shall constitute your agreement to be bound by any such changes. Loanbunker.com may modify, suspend, discontinue or restrict the use of any portion of the Site without notice or liability. These Terms will be governed by and construed in accordance with the laws of the California without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Site must be exclusively filed in the federal or state courts located in California, within one (1) year after the cause of action arises or the cause is barred. You hereby consent to personal jurisdiction in the federal and state courts in California, and waive any objection based on forum non conveniens. As a condition of using Loanbunker.com, you agree that all causes of action arising out of, or connected with the Site shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision of the Terms will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of the Terms will continue in full force and effect. Failure by Loanbunker.com to enforce any provision of the Terms will not be deemed a waiver of future enforcement of that or any other provision of the Terms. Nothing herein shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties. As an investor you agree to not circumvent, and will not try to bypass, any broker, by contacting a borrower direct as it pertains to any listing posted on this site. IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES TO THESE TERMS, YOU ARE NOT PERMITTED TO USE LOANBUNKER.COM AND MUST EXIT THE SERVICE IMMEDIATELY.
If You do not agree to the previous and following Terms and Conditions, You are prohibited from viewing, using or accessing the Service and must immediately discontinue viewing, use, and/or access. Unless explicitly stated herein otherwise, if You and Loanbunker.com have entered into a separate written agreement that covers your use of a Loanbunker.com or service (the “Licensee Agreement”), the terms and conditions of such agreement shall control with respect to such product or service to the extent they are inconsistent with these Terms and Conditions. All questions concerning these Terms and Conditions should be directed to: Loanbunker.com, 5354 Fallbrook Avenue, Woodland Hills, Ca 91367. Loanbunker.com may update these Terms and Conditions at any time, with or without notice to You. You are responsible for frequently reviewing these Terms and Conditions. The latest version of the Terms and Conditions is available on the Loanbunker.com.
Membership Privileges
Membership privileges are granted by Loanbunker.com to individuals exclusively and are granted specifically to the subscribing registered member only. 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 Loanbunker.com. By completing the registration process You become a “Member,” and You represent and warrant that the information You provide is true, accurate, complete, and current. Each Member must maintain a valid email address and a password, which shall be utilized for logging on to the Loanbunker.com system. Members are not permitted to share their individual login information with others. Loanbunker.com has the right to refuse or terminate service to any Member, individual, organization, or firm (and all persons associated or affiliated with said organization or firm) that fails to abide by the Terms and Conditions, or abuses its rights related to the Service. Upon registration, which is free, User becomes a Basic Member. Users and Basic Members may search using the Service, and will receive access to the available advertised investments matching the designated search parameters. A Basic Member may also list investments on the Service, but those listings will only be able to be fully accessed and viewed in the search results generated on the Company’s loanbunker.com website.
Loanbunker.com utilizes email as a vital and primary communication channel with Members, who hereby acknowledge and grant Loanbunker.com the permission to communicate with them via email (as well as other communication channels such as phone and fax) for any purposes Loanbunker.com determines to be relevant including, but not limited to, system messages, product updates, service announcements, and other marketing messages. Loanbunker.com will honor Member’s request to opt out of marketing messages and other privacy-related requests to the extent required by law. By becoming a Member, You acknowledge and agree that the Company may record telephone and other electronic communications it has with You for their internal business purposes, including but not limited to training and quality assurance purposes.
Submission and Administration of Listings
Members may submit to Loanbunker.com property and loan descriptions, photographs, images, videos (which may include sound and/or music), graphics and financial, loans terms needed, contact or other information (collectively, the “Submitted Content”) for each listing in Loanbunker.com. In addition to these Terms and Conditions. By submitting a listing, Member represents, warrants and agrees that:
Use of Information
You agree to treat all information obtained from the Service, including Loanbunker.com Materials, listings, member directory, and any information otherwise made available to You in the Service (individually and collectively, the “Content”) as proprietary to Loanbunker.com. You agree that Content reserved for Members will be maintained as confidential and shall be protected as a trade secret of Loanbunker.com. Loanbunker.com does not ensure the accuracy of, endorse or recommend any Content and You use such Content at Your own risk. You may view, access, or otherwise use the Content solely to obtain initial information from which further evaluation and investigation may commence. Email addresses that a Member uploads are for Member’s use only; You shall limit access to, viewing of, and use of active listings and broker directory information to personal and internal use, 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. You shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to You in the Service, for or in connection with any other device, listing service, bulletin board system, any other electronic network, any data library or any other data sharing arrangement. You shall not integrate or incorporate any portion of the Content into any other database. You further shall not use the Service in any other manner for or in connection with any other listing service or device. You shall not use the Service as part of any effort to compete with Loanbunker.com, including, without limitation, using the 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 Loanbunker.com customer, nor shall You remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the Service. You shall not use any robot, spider or other automated process to submit listings, monitor, scrape, data mine or copy Loanbunker.com products, services or information; decompile, decode or reverse engineer Loanbunker.com software; or use Loanbunker.com products or services in an unlawful manner, such as for offensive, abusive, tortious, libelous, defamatory or other illegal purposes. You assign Loanbunker.com the right to pursue enforcement of copyright and other intellectual property claims against third parties that have, without authorization, and in violation of these Terms and Conditions, scraped, copied, or distributed content from your Submissions and for which You have not granted such third parties a separate license to use.
Passwords/Logins
Members and Customers 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. Loanbunker.com is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your account, login 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 these binding Terms and Conditions that relate to confidentiality of account, login or password information.
Payment Terms
Customer agrees to pay for all products ordered through the Loanbunker.com website or via the Loanbunker.com sales team using the payment method indicated, and provides Loanbunker.com express authorization to place a preauthorization to hold said fees and/or charge said fees to the Customer’s payment provider at time of purchase or renewal. Fees owed depend on the specific type and quantity of Loanbunker.com 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 Customer. If payment is not current, Loanbunker.com may immediately cease to provide any and all Deliverables to the Customer. 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 Loanbunker.com’s option, Customer shall pay such taxes or fees directly or pay to Loanbunker.com any such taxes or fees immediately upon invoicing by Loanbunker.com. Loanbunker.com 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. Customer loyalty or product bundle discounts are subject to cancellation. For yearly subscriptions, Loanbunker.com may increase subscription prices annually, on the anniversary of the subscription’s start date. To view your billing information, visit My Account. Monthly Premium subscriptions will automatically renew using the Customer’s current credit card account number unless Customer or Loanbunker.com cancels the subscription three (3) days prior to the renewal date. Customer cancellations should be made online via the “My Account” tab, once Customer has logged into www.Loanbunker.com. 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. No partial month refunds will be provided. Except as otherwise provided herein, all other member subscriptions, including quarterly and annual commitment subscriptions, will automatically renew for additional terms equaling the original term unless Customer or Loanbunker.com provides three (3) days’ advance written notice of non-renewal. Quarterly and annual commitment subscriptions may be canceled as of the end of term only; no mid-term cancellations will be permitted. All cancellation and non-renewal requests by Customer will be processed within five (5) business days. Once the cancellation is processed, a confirmation email will be sent via the Customer’s email account on record with Loanbunker.com.
If Customer has a question about a cancellation, Customer should contact Loanbunker.com Client Services. The Company reserves the right to change its fees or billing methods at any time. The Company will provide timely notice to the affected Customers of any such changes.
It is the Customer’s responsibility to promptly provide the Company with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Account updates should be made online via the “My Account” tab, once Customer has logged into www.Loanbunker.com. Loanbunker.com does not validate all credit card information required by the Customer’s payment provider to secure payment.
The Customer must notify Loanbunker.com about any billing problems or discrepancies within 90 days after charges first appear on their Account statement. If it is not brought to Loanbunker.com’s attention within 90 days, Customer agrees to waive their right to dispute such problems or discrepancies. Notwithstanding anything to the contrary in the Licensee Agreement, if any, Loanbunker.com reserves the right to discontinue the provision of all or any portion of the Deliverables, in which case (i) Customer shall only be responsible for paying fees associated with that portion of the Deliverables (if any) that continue to be provided after the effective date of such termination, and (ii) Loanbunker.com shall refund any fees (if any) paid by Customer for provision of the discontinued Deliverables after the effective date of such termination.
Premium Subscriptions
In the future Loanbunker.com may offer a paid subscription product for those Customers who primarily utilize the Service to actively list and market loans available for sale (“Premium Lister” or “Premium Lister subscription” or “Premium Subscription”). A Customer who purchases a Premium Lister subscription is a “Premium Customer.” Premium Subscription privileges are granted by Loanbunker.com to individuals exclusively and extend solely to the subscribing Premium Customer. Premium Subscription rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the subscribing Premium Customer. Moreover, a Premium Customer may not use a Premium Subscription for the benefit of any other broker, appraiser, researcher, analyst, salesperson or similar real estate professional, including, without limitation, those working for the same company or at the same place of business. A Premium Customer is prohibited from using Premium Lister to list loans on behalf of, or for the benefit of, other brokers or real estate professionals working for the same company or at the same office. Such Customer of a Premium Lister subscription is permitted to list solely those listings for which he or she is the broker. Premium Subscription privileges are subject to change from time to time and may be subject to listing, searching, and member directory searching limitations. Customer acknowledges that Loanbunker.com (in addition to its other remedies) can cancel, not renew, and/or prohibit Premium Subscription privileges to any individual, organization, or group that does not abide by the terms and conditions set forth herein and/or can refuse any or all membership privileges. Loanbunker.com also has the right to refuse service to any Customer or company that has delinquent charges that remain unpaid and to impose additional charges to reactivate Premium Subscription or other membership privileges. Premium Subscriptions continue to renew at the prevailing level regardless of Customer’s listing activity on Loanbunker.com. Premium Subscriptions will automatically renew to the credit card number provided for initial payment unless the Customer cancels their subscription on the Loanbunker.com website prior to the renewal date to cancel such subscription. The Company reserves the right to change its fees, payment frequency, or billing methods at any time. The Company will provide timely notice of any such changes. For all plan changes submitted online, the Customer will be charged a prorated change plan fee for the remaining days in current billing cycle, and Customer’s subscription rate will be adjusted commencing with the next bill date. If Customer was above its plan, Service will upgrade the most recently created Basic Listings to Silver until Customer is within its plan. Premium Members may change current membership level to a lower Premium Listing plan by clicking to “Change Plan” under “My Account”. Membership change will take effect end of term for Premium Members in a quarterly or annual commitment. Prepaid fees will be refunded based on the number of months remaining on the contract period, beginning with the month following receipt of online request submission to change membership level, but may be subject to adjustment according to current monthly product pricing and subject to adjustment for any incentives or discounts provided for said prepayment. No partial month refunds will be provided. The company reserves the right to deactivate complimentary subscriptions granted to Premium Members if there is no activity for the previous ninety (90) days.
Unsolicited Commercial Email (Spam)
Loanbunker.com prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). You may not use the Service to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. By using Loanbunker.com, You agree to send email only to those who have given You consent or with whom You have an established business relationship. Loanbunker.com has the right to revoke the privileges of any party who breaches these terms.
Termination
In addition to any other termination rights permitted herein, Loanbunker.com reserves the right to terminate or suspend a Customer’s account upon a good faith determination of a violation of these binding Terms and Conditions 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 (including threatened breaches or violations) of the Terms and Conditions, requests by law enforcement, fraudulent or illegal activity by You, discontinuance or material modification of Loanbunker.com services, nonpayment of fees owed by You in connection with Loanbunker.com or its affiliates’ services, account inactivity or technical or security issues. Upon termination, Loanbunker.com shall have no obligation to maintain or forward any content in your account.
Ownership and License Grant
Loanbunker.com retains all rights (including Intellectual Property Rights as defined below), title and interest in the Service, Loanbunker.com Materials, and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. You may not frame such websites, except where specifically permitted with written authorization from Loanbunker.com. You 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 Loanbunker.com’s technology or delete or alter author attributes or copyright notices. You shall use the Loanbunker.com system solely for Your own individual use and shall not share passwords with others or allow others to use the Loanbunker.com system under or through that Your login ID/email and password; nor shall any Member use the Loanbunker.com system to submit listings or conduct searches on behalf of other non-Member brokerage, research, analyst, sales or other similar personnel. 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. You grant Loanbunker.com the right to market or list your name or company name as a user or searcher on the Loanbunker.com website.
Limitation of Liability and Indemnification
IN NO EVENT SHALL LOANBUNKER.COM BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS CAPITAL OR INVESTMENT, LOSS OF PERSONAL CAPITAL OR INVESTMENT, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS) DUE TO THE INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY YOU 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 LOANBUNKER.COM’S SERVICES, PRIVATE LISTING FUNCTIONALITY OR MEMBER’S FAILURE TO KEEP LOGIN AND/OR PASSWORD SECURE AND CONFIDENTIAL ARISING OUT OF THESE BINDING TERMS AND CONDITIONS. Your exclusive remedy, and Loanbunker.com’s entire liability under these Terms and Conditions shall be a refund of the fees paid to Loanbunker.com hereunder, and in no event will Loanbunker.com’s liability for any reason exceed such fee. Loanbunker.com (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customer’s use of the Deliverables, and Customer shall indemnify Loanbunker.com (and Loanbunker.com’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 Customer arising from Customer’s use or application of 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.
LOANBUNKER.COM SHALL NOT HAVE ANY LIABILITY FOR ANY DAMAGES RESULTING FROM ANY FAILURE TO PERFORM ANY OBLIGATION HEREUNDER OR FROM ANY DELAY IN THE PERFORMANCE THEREOF DUE TO CAUSES BEYOND LOANBUNKER.COM'S CONTROL, INCLUDING, WITHOUT LIMITATION, INDUSTRIAL DISPUTES, BUSINESS DISPUTES, ACTS OF GOD OR GOVERNMENT, PUBLIC ENEMY, WAR, FIRE, OTHER CASUALTY, FAILURE OF ANY LINK OR CONNECTION WHETHER BY COMPUTER OR OTHERWISE, OR FAILURE OF TECHNOLOGY OR TELECOMMUNICATIONS OR OTHER METHOD OR MEDIUM OF STORING OR TRANSMITTING THE PRODUCT.
BY USING THE SERVICE, YOU WAIVE AND RELEASE LOANBUNKER.COM FROM ANY AND ALL LIABILITY OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH YOU MIGHT HAVE ASSERTED OR ALLEGED AGAINST ANY OF THE LOANBUNKER.COM BY REASON OF OR ARISING OUT OF THE SERVICE OR YOUR USE THEREOF. THE WAIVERS AND RELEASES SET FORTH IN THESE TERMS AND CONDITIONS INCLUDE CLAIMS OF WHICH YOU ARE PRESENTLY UNAWARE OR WHICH YOU DO NOT PRESENTLY SUSPECT TO EXIST WHICH, IF KNOWN BY YOU, WOULD MATERIALLY AFFECT YOUR WAIVER AND RELEASE SET FORTH ABOVE.
You agree to indemnify, defend, and hold harmless Loanbunker.com from and against any third party action, suit, claim or demand and any associated losses, expenses, damages, costs and other liabilities (including reasonable attorneys' fees), arising out of or relating to your (and your users') Submitted Content, your violation of any third party right, including without limitation any copyright, property, or privacy right, use or misuse of any portion of the Service, or your violation of these Terms and Conditions. You shall cooperate as fully as reasonably required in the defense of any such claim or demand. Loanbunker.com and any third party involved in creating, producing, or delivering the Service reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, at your expense, and You shall not in any event settle any such matter without the written consent of Loanbunker.com and any such third party.
Warranty Disclaimers
THE LISTINGS, SERVICE, PROPERTY COMPS INFORMATION, PROPERTY FACTS INFORMATION, TOOLS AND LOANBUNKER.COM MARKET TREND REPORTS ARE PROVIDED “AS IS” AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. LOANBUNKER MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS, SERVICE, SALES COMP INFORMATION, PROPERTY OR LOAN FACTS INFORMATION, OR LOANBUNKER.COM MARKET TREND REPORTS, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND LOANBUNKER.COM SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBERANCES 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. LOANBUNKER.COM MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM LOANBUNKER.COM WEBSITE, INCLUDING LISTINGS, SERVICE, PROPERTY COMPS INFORMATION, PROPERTY FACTS INFORMATION, TOOLS AND LOANBUNKER.COM MARKET TREND REPORTS IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WAIVE ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOADS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LOANBUNKER.COM 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.
ANY DOCUMENTS, PICTURES, OR OTHER INFORMATION AVAILABLE THROUGH THE SERVICE ARE FOR INFORMATIONAL PURPOSES ONLY, AND MAY NOT REPRESENT THE CURRENT CONDITION OF A PROPERTY OR THE CONDITION OF THE PROPERTY AT THE TIME OF THE LISTING. THE POSTING OF PICTURES THROUGH THE SERVICE DOES NOT CONSTITUTE A GUARANTEE THAT ANY ITEMS REPRESENTED IN THE PICTURES WILL BE PRESENT WHEN AN INVESTOR TAKES POSSESSION OF THE LOAN. YOU ARE ENCOURAGED TO CONDUCT YOUR OWN DUE DILIGENCE AND INVESTIGATE ALL MATTERS RELATING TO ANY PROPERTIES OR LOANS AS WELL MAKING SURE ALL TRANSACTIONS HAVE THE APPROPRIATE TITLE INSURANCE. ESPECIALLY USE DUE DILIGENCE WHEN FUNDING OF THE LOAN TO THE CORRECT PARTY SUCH AS A REPUTABLE, LICENSED TITLE COMPANY. MAKE SURE YOU SHOULD SEEK INDEPENDENT ADVICE, INCLUDING LEGAL ADVICE, TO PERFORM ALL YOUR DUE DILIGENCE AND THAT YOU USE GOOD FAITH EFFORTS IN DETERMINING THAT THE CONTENT OF ALL INFORMATION PROVIDED TO OR OBTAINED BY YOU IS ACCURATE.
Forms and Agreements
By viewing, using or accessing the Service, including by using any tool, form or agreement provided on the Loanbunker.com website, or by uploading any other form or agreement to the Loanbunker.com website, You (i) acknowledge that Loanbunker.com is not a party to the transaction contemplated by such form or agreement, (ii) agree that these Terms and Conditions, including the warranty disclaimers, waivers, limitations of liability and indemnification set forth in these Terms and Conditions apply to such tools, forms and agreements and Your use thereof, and (iii) acknowledge that Loanbunker.com makes no representations or warranties as to the sufficiency, legal effect or enforceability of any such tools, forms and agreements and by your use of the same You confirm that You have made your own independent analysis of the sufficiency, legal effect and enforceability of any such tools, forms and agreements without reliance upon Loanbunker.com.
Loanbunker.com makes no representations or warranties as to the sufficiency, legal effect or enforceability of any electronic signatures including, without limitation, what law may govern any such electronic signatures. By viewing, using or accessing the Service, You acknowledge and confirm that You have made your own independent analysis of the sufficiency, legal effect, governing law and enforceability of any such electronic signatures.
Maps and Directions Disclaimer
The maps and directions information that may be provided by Loanbunker.com have been obtained from sources believed reliable, including Google Maps and Microsoft Virtual Earth. By using Google Maps, You agree to be bound by the Google Maps Terms of Service, available at https://www.google.com/intl/en-US_US/help/terms_maps.html. Microsoft Virtual Earth is supplied by Microsoft Corporation, and its use is subject to Microsoft's applicable Terms of Use. While Loanbunker.com does not doubt the accuracy of the maps and/or directions, we have not verified the information and make no guarantees, warranties or representations about the maps and/or directions. It is your responsibility to independently confirm the accuracy and completeness of any map and/or set of directions. You assume all risk of use. Neither Loanbunker.com nor its partners or suppliers assume any responsibility for loss, damage or delay caused by Your use of and/or reliance on Your use of Loanbunker.com's information, products or services.
Links to Third Party Sites
This website may contain hyperlinks to other websites operated by parties other than Loanbunker.com which are beyond Loanbunker.com’s control. Parties other than Loanbunker.com may provide services or sell product lines on this site that take you outside of our service. This includes links from advertisers, sponsors, and content partners that may use Loanbunker.com’s logo(s) as part of a co-branding relationship. For example, if You click on a banner advertisement the click may take You off the Loanbunkeer.com site. Loanbunker.com does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their websites. Loanbunker.com does not assume any liability for the actions, product, and content of all of these and any other third parties. Loanbunker.com makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third-party websites. When You click on a link that leaves the Loanbunker.com site, the site You will land on is not controlled by Loanbunker.com and different terms of use and privacy statements may apply. Loanbunker.com also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third-party sites and any links thereto.
Other Rights of Loanbunker.com
You agree that Loanbunker.com shall have the right to use Listings and other information submitted to it for any purpose, including, without limitation, for publication of all or part of such Listing on the Internet. Loanbunker.com shall have sole authority to choose the manner in which any Listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion. Loanbunker.com shall have no obligation to (i) resolve disputes among Users, Members and/or Customers or (ii) monitor or verify the accuracy or proper use of the Listings. Loanbunker.com reserves the right to modify or change Services and any and all terms and conditions at any time.
Claims of Copyright Infringement
If You believe that your work has been copied onto Loanbunker.com in a way that constitutes copyright infringement, please provide Loanbunker.com’s agent the written information specified below:
A description of the copyrighted work that You claim has been infringed;
Identification of the material You claim is infringing, including a description of where such material is located;
Your address, telephone number, and e-mail address;
A signed statement that the information in your notice is accurate, that You have a good-faith belief that the identified use is not authorized by the copyright owner, its agent, or the law; and under penalty of perjury, that that You are the copyright owner or are authorized to act on the copyright owner's behalf.
Address for Loanbunker.com's agent:
Loanbunker.com
5354 Fallbrook Ave, Woodland Hills, CA 91367
Phone: (818) 599-5641
Email: Loanbunker@gmail.com
We may or may not forward any notice(s) of alleged infringement to the person(s) who provided the allegedly infringing content. Please note that this procedure is exclusively for notifying Loanbunker.com that your copyrighted material has been infringed.
Brokers and Agents
Any Customer who identifies himself or herself as a broker or agent on the Loanbunker.com website member registration form or otherwise purports to be a broker on Loanbunker.com’s Find a Broker service hereby represents and warrants that Customer is validly licensed as a broker and is in compliance with applicable broker requirements in all jurisdictions in which Customer is required to be licensed. The Company may, in its sole discretion, but without any obligation to verify the licensure of such individual as a broker or agent, remove from the list of brokers any Customer whom the Company believes is not a licensed broker or agent in any applicable jurisdiction. The Company may, in its sole discretion, terminate the accounts of, and refuse services to, any Customer who repeatedly or knowingly misrepresents its licensed broker or agent status or upon notification by any state agency or similar governmental authority that such Customer is not a licensed broker. Loanbunker.com does not and shall not have any obligation to independently verify the licensure of individuals identified as brokers and agents on the website. It is your responsibility to confirm the licensed status of any brokers listed on the Loanbunker.com website.
Governing Law; Customer Right to Arbitrate
These binding Terms and Conditions, and the Deliverables provided by Loanbunker.com, shall be governed by the laws of the state of California, without reference to conflict of laws principles. You hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of the state of California for the adjudication of any disputes or claims arising out of and/or related to these binding Terms and Conditions. If any provision of these binding Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which shall remain in full force and effect.
You acknowledge that any breach of these binding Terms and Conditions, including, without limitation, the restrictions on competitor use, viewing, or access and the sections above titled “Submission and Administration of Listings” and “Use of Information,” or any unauthorized use of the Service, is a material breach of the Agreement and will cause irreparable harm and injury to the Company, for which there is no adequate remedy at law. Thus, in addition to all other remedies available at law or in equity, You agree that the Company shall be entitled to injunctive relief. Any User, Member, Customer, or other individual or entity that violates any term of these binding Terms and Conditions is precluded from enforcing, agrees not to enforce, and covenants not to sue to enforce, any similar contract, including terms and conditions, terms of use and terms of service, asserted by such User, Member, Customer, or other individual or entity, or any affiliate thereof, as binding upon Loanbunker.com and its affiliates. Material breach of these binding Terms and Conditions harms the integrity, functionality, and reputation of Loanbunker.com and its affiliates; detracts from Users’ and Customers’ trust in and use of the Service; and unfairly harms, thereby causing damage to, the business of Loanbunker.com. You agree that, in the event You materially breach these binding Terms and Conditions, You will pay Loanbunker.com’s reasonable attorneys’ fees and costs, to be determined by a court or arbitrator, but not less than $30,000, an amount the parties agree would be the minimum reasonable fee for any legal action required to enforce these binding Terms and Conditions.
Assignment
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, sub-licensed or otherwise transferred by Customer without the prior written consent of Loanbunker.com, which retains the right to withhold consent in its sole discretion.
Waiver and Severability
The failure of Loanbunker.com 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, You agree that the remaining terms and provisions remain in full force and effect.
Services Auditing and Monitoring
We reserve the right to audit and monitor (manually or through automated means) the use of the Service to ensure compliance with these Terms and Conditions and to maintain and improve the provision of the Service. We also may, but are not required to, monitor the content on the Service using manual review or technical measures to screen, block, filter, edit or remove content. We may terminate or suspend users’ accounts or delete, edit or remove content that we, in our sole discretion, deem illegal, offensive, abusive, in violation of these Terms and Conditions or our other policies, or otherwise inappropriate or unacceptable. All enforcement determinations are made in our sole discretion, and we will not incur any liability or responsibility if we choose to remove or delete any content.
You acknowledge, consent, and agree that we may access, preserve, and disclose information about your use of the Service, including your communications and content You submit, if required to do so by law or in a good faith believe that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms and Conditions; (iii) respond to claims that any content You submit violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of us, our users and the public.
Notices
All notices to Company must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to Member Services at Loanbunker.com.
Entire Agreement
Except as provided herein, 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.
If you are viewing, using or accessing the Service under a paid subscription, you are a “Customer.” If you are viewing, using, or accessing the Service for free, you are a Customer that is a “User.” These Terms and Conditions refer to Users and Customers collectively as “You.” You may only use the Service if you are at least 18 years old. No employee, independent contractor, agent, or affiliate of any competing real estate information, analytics or listings service is permitted to be a User or a Customer or to view, use, or access the Loanbunker.com website without express written permission from Loanbunker.com. By viewing, using, or accessing the Service, You represent and warrant that You are not a competitor of Loanbunker.com.
By viewing, using or accessing the Service through Loanbunker.com, You agree that these Terms and Conditions are a binding legal agreement between You and Loanbunker.com You also agree to be contractually bound by the Marketing Center Terms and Conditions below.
Marketing Center Terms and Conditions
These Marketing Center Terms and Conditions (“Terms”) apply to any individual or entity who uses the Marketing Center to list a loan investment.These Terms are in addition to the Terms of Use and, if applicable, any separate written agreement, including the terms and conditions of such agreement, that covers your use of Loanbunker.com, which together form a legally binding contract between you and Loanbunker.com; provided, however, that the terms and conditions of such written agreement shall control with respect to such service to the extent they conflict with these Terms and the Terms of Use.
By using the Site, you represent and warrant that:
- (a) the listing is eligible to be listed, meaning the listing is a real estate loan;
- (b) you have the right to advertise the loan you are listing;
- (c) you have the right to procure an investor for the advertised loan;
- (d) you are willing to agree to the terms specified in your listing;
- (e) you will not advertise more than one loan in a single listing on Loanbunker.com.
- (f) you shall update your listing with any changes no less frequently than 10 days;
- (h) upon procuring an investor for the loan or otherwise taking your loan off the market, you will promptly delete the listing for that loan;
- (i) you will not use Loanbunker.com to advertise or promote anything, including, without limitation, any product, service or business, other than the unique loan offered for sale;
- (j) you will not use Loanbunker.com or for any fraudulent, false, misleading or deceptive activity;
- (k) you are solely responsible for any and all listings you add using Loanbunker.com, and all ads, photos, descriptions, data, or other information (“Content”) you submit to the Site;
- (l) all Content that you provide to Loanbunker.com and everything in your listing, including without limitation, any photos or text description, is non-infringing of a third party’s intellectual property rights, truthful, accurate and complete and comply with all local, state and federal laws and regulations, including without limitation, fair housing laws;
- (m) you have all the rights necessary to post your listings using Loanbunker.com, including, without limitation, all content, photos, data, text, and other Materials contained therein, on the Site; and
- (n) photos you upload to the Loanbunker.com will only show the property listed for sale or lease or the surrounding amenities or area, and shall not include, under any circumstances, people, animals, trademarked items, religious symbols, or other objects or features not part of the loan or property.
- (o) For Lenders, you acknowledge and agree that you are, by the federal and state definition, an accredited investor. You also acknowledge and agree that if you are not an accredited investor, and/or for whatever reason are not legally allowed to invest in this type of investment, you will not register and use the site.
- (p) For Brokers, you acknowledge and agree that this site may be considered advertising, and you are directly responsible for any damages, or fines, that may result from violating any state or federal laws that may not allow this type of advertising for this type of investment.
LICENSES
By submitting a listing via Loanbunker.com, you grant to Loanbunker.com, its affiliates, and its parent and related companies, a perpetual and irrevocable license to copy, modify, display, distribute, create derivative works from, or otherwise use and exploit the Content that you submit. The permission you grant Loanbunker.com includes express permission for Loanbunker.com to use and display the listing and Content, or any modification thereof, in the Site and or partner products and sites. In accordance with these Terms, Loanbunker.com grants you a limited, non-exclusive, non-sublicenseable, fully paid, revocable license to use solely within your listing any Loanbunker.com data, photos, descriptions or other information Loanbunker.com may provide to you to enrich your listing through the site.
LIQUIDATED DAMAGES
Violations of these Terms harm the integrity, functionality, and reputation of Loanbunker.com; detract from users’ and our customers’ trust in and use of the Site; and damage the business Loanbunker.com. In Loanbunker.com’s discretion and if feasible, Loanbunker.com may notify you of any violation you have caused and provide you ten (10) days to cure such violation. If such violation is not timely cured or if cure is not feasible, you acknowledge and agree that Loanbunker.com incurs actual damages, which are extremely difficult and/or impossible to quantify, as a result of any violation of these Terms. You agree that it is fair and reasonable for Loanbunker.com, as its option, to recover liquidated damages for past violations in the amount specified below, which represents a reasonable estimate of the actual damages incurred by Loanbunker.com for each such violation you commit and to seek and obtain injunctive relief to prevent future violations. You agree that monetary damages alone would not provide a sufficient remedy to Loanbunker.com for violations of these Terms, and you consent to injunctive or other equitable relief for such violations without the requirement that Loanbunker.com post a bond. You agree specifically that the availability of liquidated damages does not impact Loanbunker.com’s right to obtain injunctive relief. You further acknowledge and agree that the imposition of liquidated damages for each such violation of the Terms is independent and distinct, and that the assessment of total liquidated damages for multiple violations of the Terms is cumulative.
$50,000 Per Listing
You agree to pay $50,000 per advertisement on the Site that contains false or fraudulent content (including but not limited to false or misleading property location, descriptions, investment information, photos, or contact information.)
GENERAL LIMITATIONS
In most cases, listings added using the Loanbunker.com will appear on the Site within 24 hours of submission. LOANBUNKER.COM DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES TO YOU REGARDING THE SITE, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE LEGAL SUFFICIENCY OR TAX CONSEQUENCES OF ANY DOCUMENT PROVIDED BY LOANBUNKER.COM, AND ANY REPRESENTATIONS OR WARRANTIES THAT YOU WILL SELL THE LOAN LISTED, ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED INVESTORS, OR RECEIVE ANY INQUIRIES REGARDING YOUR POSTED LOAN. Loanbunker.com reserves the right to, but is under no obligation to and does not assume any obligation to, review listings added using the Site before and/or after they are posted to the Site to confirm information relating to the advertiser and the advertised loan and to investigate complaints and suspicious activity. If Loanbunker.com determines, in its sole and exclusive discretion, that you are engaging in any unfair, deceptive, false, misleading or fraudulent practices, or that your listing violates any laws or guidelines, Loanbunker.com reserves the right to reject or immediately remove your listing from the Site without notice and without liability, as described above.
Agreements and Tools.
By viewing, using or accessing Loanbunker.com, including by using any tool, form or agreement provided on the Site, or by uploading any other form or agreement to the Site, you
- (i) acknowledge that Loanbunker.com is not a party to the transaction contemplated by such form or agreement,
- (ii) agree that these Terms, including the warranty disclaimers, waivers, limitations of liability and indemnification set forth in these Terms apply to such tools, forms and agreements and your use thereof, and
MISCELLANEOUS
These Terms may be modified at any time and such modifications shall take effect upon the posting of the modified Terms on the site. Your continued use of the Site after the posting of any modified Terms shall constitute your agreement to be bound by any such changes. Loanbunker.com may modify, suspend, discontinue or restrict the use of any portion of the Site without notice or liability. These Terms will be governed by and construed in accordance with the laws of the California without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Site must be exclusively filed in the federal or state courts located in California, within one (1) year after the cause of action arises or the cause is barred. You hereby consent to personal jurisdiction in the federal and state courts in California, and waive any objection based on forum non conveniens. As a condition of using Loanbunker.com, you agree that all causes of action arising out of, or connected with the Site shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision of the Terms will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of the Terms will continue in full force and effect. Failure by Loanbunker.com to enforce any provision of the Terms will not be deemed a waiver of future enforcement of that or any other provision of the Terms. Nothing herein shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties. As an investor you agree to not circumvent, and will not try to bypass, any broker, by contacting a borrower direct as it pertains to any listing posted on this site. IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES TO THESE TERMS, YOU ARE NOT PERMITTED TO USE LOANBUNKER.COM AND MUST EXIT THE SERVICE IMMEDIATELY.
If You do not agree to the previous and following Terms and Conditions, You are prohibited from viewing, using or accessing the Service and must immediately discontinue viewing, use, and/or access. Unless explicitly stated herein otherwise, if You and Loanbunker.com have entered into a separate written agreement that covers your use of a Loanbunker.com or service (the “Licensee Agreement”), the terms and conditions of such agreement shall control with respect to such product or service to the extent they are inconsistent with these Terms and Conditions. All questions concerning these Terms and Conditions should be directed to: Loanbunker.com, 5354 Fallbrook Avenue, Woodland Hills, Ca 91367. Loanbunker.com may update these Terms and Conditions at any time, with or without notice to You. You are responsible for frequently reviewing these Terms and Conditions. The latest version of the Terms and Conditions is available on the Loanbunker.com.
GENERAL PROVISIONS
Membership Privileges
Membership privileges are granted by Loanbunker.com to individuals exclusively and are granted specifically to the subscribing registered member only. 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 Loanbunker.com. By completing the registration process You become a “Member,” and You represent and warrant that the information You provide is true, accurate, complete, and current. Each Member must maintain a valid email address and a password, which shall be utilized for logging on to the Loanbunker.com system. Members are not permitted to share their individual login information with others. Loanbunker.com has the right to refuse or terminate service to any Member, individual, organization, or firm (and all persons associated or affiliated with said organization or firm) that fails to abide by the Terms and Conditions, or abuses its rights related to the Service. Upon registration, which is free, User becomes a Basic Member. Users and Basic Members may search using the Service, and will receive access to the available advertised investments matching the designated search parameters. A Basic Member may also list investments on the Service, but those listings will only be able to be fully accessed and viewed in the search results generated on the Company’s loanbunker.com website.
Loanbunker.com utilizes email as a vital and primary communication channel with Members, who hereby acknowledge and grant Loanbunker.com the permission to communicate with them via email (as well as other communication channels such as phone and fax) for any purposes Loanbunker.com determines to be relevant including, but not limited to, system messages, product updates, service announcements, and other marketing messages. Loanbunker.com will honor Member’s request to opt out of marketing messages and other privacy-related requests to the extent required by law. By becoming a Member, You acknowledge and agree that the Company may record telephone and other electronic communications it has with You for their internal business purposes, including but not limited to training and quality assurance purposes.
Submission and Administration of Listings
Members may submit to Loanbunker.com property and loan descriptions, photographs, images, videos (which may include sound and/or music), graphics and financial, loans terms needed, contact or other information (collectively, the “Submitted Content”) for each listing in Loanbunker.com. In addition to these Terms and Conditions. By submitting a listing, Member represents, warrants and agrees that:
- (a) You own or have the full right, power and authority to grant to Loanbunker.com use of and rights in and to all Submitted Content that You upload, post, e-mail or otherwise transmit to Loanbunker.com;
- (b) Your license of such content to Loanbunker.com hereunder does not, and the use or license of such content by Loanbunker.com to third parties will not, infringe any right or interest owned or possessed by any third party;
- (c) there are no claims, judgments or settlements to be paid by You, or pending claims or litigation, relating to such content; and
- (d) You will fully indemnify Loanbunker.com against any and all damages or other losses, and any
related attorney’s fees, other fees, and/or expenses, incurred by Loanbunker.com as a result of any
breach of the foregoing representations or in connection with Your Submitted Content, including,
without limitation, as a result of any claim brought by a third party in connection with Your
Submitted Content, whether or not such claim prevails.
- (a) represents and warrants that all listings and associated information provided by Member, including Submitted Content, will be accurate;
- (b) agrees not to post a listing on the Loanbunker.com site under a name other than the individually named licensed real estate agent or agents that have been engaged by the property owner to market the loan/investment (shared accounts, e.g. listings@abcrealty.com are strictly prohibited);
- (c) agrees to administer the listings provided by Member and maintain their accuracy at all times. The Company reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the listings posted on the Loanbunker.com website. Member is entirely responsible, and Company accepts no responsibility, for the Submitted Content from the Member.
Use of Information
You agree to treat all information obtained from the Service, including Loanbunker.com Materials, listings, member directory, and any information otherwise made available to You in the Service (individually and collectively, the “Content”) as proprietary to Loanbunker.com. You agree that Content reserved for Members will be maintained as confidential and shall be protected as a trade secret of Loanbunker.com. Loanbunker.com does not ensure the accuracy of, endorse or recommend any Content and You use such Content at Your own risk. You may view, access, or otherwise use the Content solely to obtain initial information from which further evaluation and investigation may commence. Email addresses that a Member uploads are for Member’s use only; You shall limit access to, viewing of, and use of active listings and broker directory information to personal and internal use, 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. You shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to You in the Service, for or in connection with any other device, listing service, bulletin board system, any other electronic network, any data library or any other data sharing arrangement. You shall not integrate or incorporate any portion of the Content into any other database. You further shall not use the Service in any other manner for or in connection with any other listing service or device. You shall not use the Service as part of any effort to compete with Loanbunker.com, including, without limitation, using the 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 Loanbunker.com customer, nor shall You remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the Service. You shall not use any robot, spider or other automated process to submit listings, monitor, scrape, data mine or copy Loanbunker.com products, services or information; decompile, decode or reverse engineer Loanbunker.com software; or use Loanbunker.com products or services in an unlawful manner, such as for offensive, abusive, tortious, libelous, defamatory or other illegal purposes. You assign Loanbunker.com the right to pursue enforcement of copyright and other intellectual property claims against third parties that have, without authorization, and in violation of these Terms and Conditions, scraped, copied, or distributed content from your Submissions and for which You have not granted such third parties a separate license to use.
Passwords/Logins
Members and Customers 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. Loanbunker.com is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your account, login 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 these binding Terms and Conditions that relate to confidentiality of account, login or password information.
Payment Terms
Customer agrees to pay for all products ordered through the Loanbunker.com website or via the Loanbunker.com sales team using the payment method indicated, and provides Loanbunker.com express authorization to place a preauthorization to hold said fees and/or charge said fees to the Customer’s payment provider at time of purchase or renewal. Fees owed depend on the specific type and quantity of Loanbunker.com 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 Customer. If payment is not current, Loanbunker.com may immediately cease to provide any and all Deliverables to the Customer. 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 Loanbunker.com’s option, Customer shall pay such taxes or fees directly or pay to Loanbunker.com any such taxes or fees immediately upon invoicing by Loanbunker.com. Loanbunker.com 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. Customer loyalty or product bundle discounts are subject to cancellation. For yearly subscriptions, Loanbunker.com may increase subscription prices annually, on the anniversary of the subscription’s start date. To view your billing information, visit My Account. Monthly Premium subscriptions will automatically renew using the Customer’s current credit card account number unless Customer or Loanbunker.com cancels the subscription three (3) days prior to the renewal date. Customer cancellations should be made online via the “My Account” tab, once Customer has logged into www.Loanbunker.com. 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. No partial month refunds will be provided. Except as otherwise provided herein, all other member subscriptions, including quarterly and annual commitment subscriptions, will automatically renew for additional terms equaling the original term unless Customer or Loanbunker.com provides three (3) days’ advance written notice of non-renewal. Quarterly and annual commitment subscriptions may be canceled as of the end of term only; no mid-term cancellations will be permitted. All cancellation and non-renewal requests by Customer will be processed within five (5) business days. Once the cancellation is processed, a confirmation email will be sent via the Customer’s email account on record with Loanbunker.com.
If Customer has a question about a cancellation, Customer should contact Loanbunker.com Client Services. The Company reserves the right to change its fees or billing methods at any time. The Company will provide timely notice to the affected Customers of any such changes.
It is the Customer’s responsibility to promptly provide the Company with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Account updates should be made online via the “My Account” tab, once Customer has logged into www.Loanbunker.com. Loanbunker.com does not validate all credit card information required by the Customer’s payment provider to secure payment.
The Customer must notify Loanbunker.com about any billing problems or discrepancies within 90 days after charges first appear on their Account statement. If it is not brought to Loanbunker.com’s attention within 90 days, Customer agrees to waive their right to dispute such problems or discrepancies. Notwithstanding anything to the contrary in the Licensee Agreement, if any, Loanbunker.com reserves the right to discontinue the provision of all or any portion of the Deliverables, in which case (i) Customer shall only be responsible for paying fees associated with that portion of the Deliverables (if any) that continue to be provided after the effective date of such termination, and (ii) Loanbunker.com shall refund any fees (if any) paid by Customer for provision of the discontinued Deliverables after the effective date of such termination.
Premium Subscriptions
In the future Loanbunker.com may offer a paid subscription product for those Customers who primarily utilize the Service to actively list and market loans available for sale (“Premium Lister” or “Premium Lister subscription” or “Premium Subscription”). A Customer who purchases a Premium Lister subscription is a “Premium Customer.” Premium Subscription privileges are granted by Loanbunker.com to individuals exclusively and extend solely to the subscribing Premium Customer. Premium Subscription rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the subscribing Premium Customer. Moreover, a Premium Customer may not use a Premium Subscription for the benefit of any other broker, appraiser, researcher, analyst, salesperson or similar real estate professional, including, without limitation, those working for the same company or at the same place of business. A Premium Customer is prohibited from using Premium Lister to list loans on behalf of, or for the benefit of, other brokers or real estate professionals working for the same company or at the same office. Such Customer of a Premium Lister subscription is permitted to list solely those listings for which he or she is the broker. Premium Subscription privileges are subject to change from time to time and may be subject to listing, searching, and member directory searching limitations. Customer acknowledges that Loanbunker.com (in addition to its other remedies) can cancel, not renew, and/or prohibit Premium Subscription privileges to any individual, organization, or group that does not abide by the terms and conditions set forth herein and/or can refuse any or all membership privileges. Loanbunker.com also has the right to refuse service to any Customer or company that has delinquent charges that remain unpaid and to impose additional charges to reactivate Premium Subscription or other membership privileges. Premium Subscriptions continue to renew at the prevailing level regardless of Customer’s listing activity on Loanbunker.com. Premium Subscriptions will automatically renew to the credit card number provided for initial payment unless the Customer cancels their subscription on the Loanbunker.com website prior to the renewal date to cancel such subscription. The Company reserves the right to change its fees, payment frequency, or billing methods at any time. The Company will provide timely notice of any such changes. For all plan changes submitted online, the Customer will be charged a prorated change plan fee for the remaining days in current billing cycle, and Customer’s subscription rate will be adjusted commencing with the next bill date. If Customer was above its plan, Service will upgrade the most recently created Basic Listings to Silver until Customer is within its plan. Premium Members may change current membership level to a lower Premium Listing plan by clicking to “Change Plan” under “My Account”. Membership change will take effect end of term for Premium Members in a quarterly or annual commitment. Prepaid fees will be refunded based on the number of months remaining on the contract period, beginning with the month following receipt of online request submission to change membership level, but may be subject to adjustment according to current monthly product pricing and subject to adjustment for any incentives or discounts provided for said prepayment. No partial month refunds will be provided. The company reserves the right to deactivate complimentary subscriptions granted to Premium Members if there is no activity for the previous ninety (90) days.
Unsolicited Commercial Email (Spam)
Loanbunker.com prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). You may not use the Service to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. By using Loanbunker.com, You agree to send email only to those who have given You consent or with whom You have an established business relationship. Loanbunker.com has the right to revoke the privileges of any party who breaches these terms.
Termination
In addition to any other termination rights permitted herein, Loanbunker.com reserves the right to terminate or suspend a Customer’s account upon a good faith determination of a violation of these binding Terms and Conditions 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 (including threatened breaches or violations) of the Terms and Conditions, requests by law enforcement, fraudulent or illegal activity by You, discontinuance or material modification of Loanbunker.com services, nonpayment of fees owed by You in connection with Loanbunker.com or its affiliates’ services, account inactivity or technical or security issues. Upon termination, Loanbunker.com shall have no obligation to maintain or forward any content in your account.
Ownership and License Grant
Loanbunker.com retains all rights (including Intellectual Property Rights as defined below), title and interest in the Service, Loanbunker.com Materials, and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. You may not frame such websites, except where specifically permitted with written authorization from Loanbunker.com. You 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 Loanbunker.com’s technology or delete or alter author attributes or copyright notices. You shall use the Loanbunker.com system solely for Your own individual use and shall not share passwords with others or allow others to use the Loanbunker.com system under or through that Your login ID/email and password; nor shall any Member use the Loanbunker.com system to submit listings or conduct searches on behalf of other non-Member brokerage, research, analyst, sales or other similar personnel. 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. You grant Loanbunker.com the right to market or list your name or company name as a user or searcher on the Loanbunker.com website.
Limitation of Liability and Indemnification
IN NO EVENT SHALL LOANBUNKER.COM BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS CAPITAL OR INVESTMENT, LOSS OF PERSONAL CAPITAL OR INVESTMENT, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS) DUE TO THE INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY YOU 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 LOANBUNKER.COM’S SERVICES, PRIVATE LISTING FUNCTIONALITY OR MEMBER’S FAILURE TO KEEP LOGIN AND/OR PASSWORD SECURE AND CONFIDENTIAL ARISING OUT OF THESE BINDING TERMS AND CONDITIONS. Your exclusive remedy, and Loanbunker.com’s entire liability under these Terms and Conditions shall be a refund of the fees paid to Loanbunker.com hereunder, and in no event will Loanbunker.com’s liability for any reason exceed such fee. Loanbunker.com (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customer’s use of the Deliverables, and Customer shall indemnify Loanbunker.com (and Loanbunker.com’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 Customer arising from Customer’s use or application of 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.
LOANBUNKER.COM SHALL NOT HAVE ANY LIABILITY FOR ANY DAMAGES RESULTING FROM ANY FAILURE TO PERFORM ANY OBLIGATION HEREUNDER OR FROM ANY DELAY IN THE PERFORMANCE THEREOF DUE TO CAUSES BEYOND LOANBUNKER.COM'S CONTROL, INCLUDING, WITHOUT LIMITATION, INDUSTRIAL DISPUTES, BUSINESS DISPUTES, ACTS OF GOD OR GOVERNMENT, PUBLIC ENEMY, WAR, FIRE, OTHER CASUALTY, FAILURE OF ANY LINK OR CONNECTION WHETHER BY COMPUTER OR OTHERWISE, OR FAILURE OF TECHNOLOGY OR TELECOMMUNICATIONS OR OTHER METHOD OR MEDIUM OF STORING OR TRANSMITTING THE PRODUCT.
BY USING THE SERVICE, YOU WAIVE AND RELEASE LOANBUNKER.COM FROM ANY AND ALL LIABILITY OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH YOU MIGHT HAVE ASSERTED OR ALLEGED AGAINST ANY OF THE LOANBUNKER.COM BY REASON OF OR ARISING OUT OF THE SERVICE OR YOUR USE THEREOF. THE WAIVERS AND RELEASES SET FORTH IN THESE TERMS AND CONDITIONS INCLUDE CLAIMS OF WHICH YOU ARE PRESENTLY UNAWARE OR WHICH YOU DO NOT PRESENTLY SUSPECT TO EXIST WHICH, IF KNOWN BY YOU, WOULD MATERIALLY AFFECT YOUR WAIVER AND RELEASE SET FORTH ABOVE.
You agree to indemnify, defend, and hold harmless Loanbunker.com from and against any third party action, suit, claim or demand and any associated losses, expenses, damages, costs and other liabilities (including reasonable attorneys' fees), arising out of or relating to your (and your users') Submitted Content, your violation of any third party right, including without limitation any copyright, property, or privacy right, use or misuse of any portion of the Service, or your violation of these Terms and Conditions. You shall cooperate as fully as reasonably required in the defense of any such claim or demand. Loanbunker.com and any third party involved in creating, producing, or delivering the Service reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, at your expense, and You shall not in any event settle any such matter without the written consent of Loanbunker.com and any such third party.
Warranty Disclaimers
THE LISTINGS, SERVICE, PROPERTY COMPS INFORMATION, PROPERTY FACTS INFORMATION, TOOLS AND LOANBUNKER.COM MARKET TREND REPORTS ARE PROVIDED “AS IS” AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. LOANBUNKER MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS, SERVICE, SALES COMP INFORMATION, PROPERTY OR LOAN FACTS INFORMATION, OR LOANBUNKER.COM MARKET TREND REPORTS, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND LOANBUNKER.COM SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBERANCES 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. LOANBUNKER.COM MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM LOANBUNKER.COM WEBSITE, INCLUDING LISTINGS, SERVICE, PROPERTY COMPS INFORMATION, PROPERTY FACTS INFORMATION, TOOLS AND LOANBUNKER.COM MARKET TREND REPORTS IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WAIVE ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOADS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LOANBUNKER.COM 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.
ANY DOCUMENTS, PICTURES, OR OTHER INFORMATION AVAILABLE THROUGH THE SERVICE ARE FOR INFORMATIONAL PURPOSES ONLY, AND MAY NOT REPRESENT THE CURRENT CONDITION OF A PROPERTY OR THE CONDITION OF THE PROPERTY AT THE TIME OF THE LISTING. THE POSTING OF PICTURES THROUGH THE SERVICE DOES NOT CONSTITUTE A GUARANTEE THAT ANY ITEMS REPRESENTED IN THE PICTURES WILL BE PRESENT WHEN AN INVESTOR TAKES POSSESSION OF THE LOAN. YOU ARE ENCOURAGED TO CONDUCT YOUR OWN DUE DILIGENCE AND INVESTIGATE ALL MATTERS RELATING TO ANY PROPERTIES OR LOANS AS WELL MAKING SURE ALL TRANSACTIONS HAVE THE APPROPRIATE TITLE INSURANCE. ESPECIALLY USE DUE DILIGENCE WHEN FUNDING OF THE LOAN TO THE CORRECT PARTY SUCH AS A REPUTABLE, LICENSED TITLE COMPANY. MAKE SURE YOU SHOULD SEEK INDEPENDENT ADVICE, INCLUDING LEGAL ADVICE, TO PERFORM ALL YOUR DUE DILIGENCE AND THAT YOU USE GOOD FAITH EFFORTS IN DETERMINING THAT THE CONTENT OF ALL INFORMATION PROVIDED TO OR OBTAINED BY YOU IS ACCURATE.
Forms and Agreements
By viewing, using or accessing the Service, including by using any tool, form or agreement provided on the Loanbunker.com website, or by uploading any other form or agreement to the Loanbunker.com website, You (i) acknowledge that Loanbunker.com is not a party to the transaction contemplated by such form or agreement, (ii) agree that these Terms and Conditions, including the warranty disclaimers, waivers, limitations of liability and indemnification set forth in these Terms and Conditions apply to such tools, forms and agreements and Your use thereof, and (iii) acknowledge that Loanbunker.com makes no representations or warranties as to the sufficiency, legal effect or enforceability of any such tools, forms and agreements and by your use of the same You confirm that You have made your own independent analysis of the sufficiency, legal effect and enforceability of any such tools, forms and agreements without reliance upon Loanbunker.com.
Loanbunker.com makes no representations or warranties as to the sufficiency, legal effect or enforceability of any electronic signatures including, without limitation, what law may govern any such electronic signatures. By viewing, using or accessing the Service, You acknowledge and confirm that You have made your own independent analysis of the sufficiency, legal effect, governing law and enforceability of any such electronic signatures.
Maps and Directions Disclaimer
The maps and directions information that may be provided by Loanbunker.com have been obtained from sources believed reliable, including Google Maps and Microsoft Virtual Earth. By using Google Maps, You agree to be bound by the Google Maps Terms of Service, available at https://www.google.com/intl/en-US_US/help/terms_maps.html. Microsoft Virtual Earth is supplied by Microsoft Corporation, and its use is subject to Microsoft's applicable Terms of Use. While Loanbunker.com does not doubt the accuracy of the maps and/or directions, we have not verified the information and make no guarantees, warranties or representations about the maps and/or directions. It is your responsibility to independently confirm the accuracy and completeness of any map and/or set of directions. You assume all risk of use. Neither Loanbunker.com nor its partners or suppliers assume any responsibility for loss, damage or delay caused by Your use of and/or reliance on Your use of Loanbunker.com's information, products or services.
Links to Third Party Sites
This website may contain hyperlinks to other websites operated by parties other than Loanbunker.com which are beyond Loanbunker.com’s control. Parties other than Loanbunker.com may provide services or sell product lines on this site that take you outside of our service. This includes links from advertisers, sponsors, and content partners that may use Loanbunker.com’s logo(s) as part of a co-branding relationship. For example, if You click on a banner advertisement the click may take You off the Loanbunkeer.com site. Loanbunker.com does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their websites. Loanbunker.com does not assume any liability for the actions, product, and content of all of these and any other third parties. Loanbunker.com makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third-party websites. When You click on a link that leaves the Loanbunker.com site, the site You will land on is not controlled by Loanbunker.com and different terms of use and privacy statements may apply. Loanbunker.com also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third-party sites and any links thereto.
Other Rights of Loanbunker.com
You agree that Loanbunker.com shall have the right to use Listings and other information submitted to it for any purpose, including, without limitation, for publication of all or part of such Listing on the Internet. Loanbunker.com shall have sole authority to choose the manner in which any Listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion. Loanbunker.com shall have no obligation to (i) resolve disputes among Users, Members and/or Customers or (ii) monitor or verify the accuracy or proper use of the Listings. Loanbunker.com reserves the right to modify or change Services and any and all terms and conditions at any time.
Claims of Copyright Infringement
If You believe that your work has been copied onto Loanbunker.com in a way that constitutes copyright infringement, please provide Loanbunker.com’s agent the written information specified below:
A description of the copyrighted work that You claim has been infringed;
Identification of the material You claim is infringing, including a description of where such material is located;
Your address, telephone number, and e-mail address;
A signed statement that the information in your notice is accurate, that You have a good-faith belief that the identified use is not authorized by the copyright owner, its agent, or the law; and under penalty of perjury, that that You are the copyright owner or are authorized to act on the copyright owner's behalf.
Address for Loanbunker.com's agent:
Loanbunker.com
5354 Fallbrook Ave, Woodland Hills, CA 91367
Phone: (818) 599-5641
Email: Loanbunker@gmail.com
We may or may not forward any notice(s) of alleged infringement to the person(s) who provided the allegedly infringing content. Please note that this procedure is exclusively for notifying Loanbunker.com that your copyrighted material has been infringed.
Brokers and Agents
Any Customer who identifies himself or herself as a broker or agent on the Loanbunker.com website member registration form or otherwise purports to be a broker on Loanbunker.com’s Find a Broker service hereby represents and warrants that Customer is validly licensed as a broker and is in compliance with applicable broker requirements in all jurisdictions in which Customer is required to be licensed. The Company may, in its sole discretion, but without any obligation to verify the licensure of such individual as a broker or agent, remove from the list of brokers any Customer whom the Company believes is not a licensed broker or agent in any applicable jurisdiction. The Company may, in its sole discretion, terminate the accounts of, and refuse services to, any Customer who repeatedly or knowingly misrepresents its licensed broker or agent status or upon notification by any state agency or similar governmental authority that such Customer is not a licensed broker. Loanbunker.com does not and shall not have any obligation to independently verify the licensure of individuals identified as brokers and agents on the website. It is your responsibility to confirm the licensed status of any brokers listed on the Loanbunker.com website.
Governing Law; Customer Right to Arbitrate
These binding Terms and Conditions, and the Deliverables provided by Loanbunker.com, shall be governed by the laws of the state of California, without reference to conflict of laws principles. You hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of the state of California for the adjudication of any disputes or claims arising out of and/or related to these binding Terms and Conditions. If any provision of these binding Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which shall remain in full force and effect.
You acknowledge that any breach of these binding Terms and Conditions, including, without limitation, the restrictions on competitor use, viewing, or access and the sections above titled “Submission and Administration of Listings” and “Use of Information,” or any unauthorized use of the Service, is a material breach of the Agreement and will cause irreparable harm and injury to the Company, for which there is no adequate remedy at law. Thus, in addition to all other remedies available at law or in equity, You agree that the Company shall be entitled to injunctive relief. Any User, Member, Customer, or other individual or entity that violates any term of these binding Terms and Conditions is precluded from enforcing, agrees not to enforce, and covenants not to sue to enforce, any similar contract, including terms and conditions, terms of use and terms of service, asserted by such User, Member, Customer, or other individual or entity, or any affiliate thereof, as binding upon Loanbunker.com and its affiliates. Material breach of these binding Terms and Conditions harms the integrity, functionality, and reputation of Loanbunker.com and its affiliates; detracts from Users’ and Customers’ trust in and use of the Service; and unfairly harms, thereby causing damage to, the business of Loanbunker.com. You agree that, in the event You materially breach these binding Terms and Conditions, You will pay Loanbunker.com’s reasonable attorneys’ fees and costs, to be determined by a court or arbitrator, but not less than $30,000, an amount the parties agree would be the minimum reasonable fee for any legal action required to enforce these binding Terms and Conditions.
Assignment
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, sub-licensed or otherwise transferred by Customer without the prior written consent of Loanbunker.com, which retains the right to withhold consent in its sole discretion.
Waiver and Severability
The failure of Loanbunker.com 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, You agree that the remaining terms and provisions remain in full force and effect.
Services Auditing and Monitoring
We reserve the right to audit and monitor (manually or through automated means) the use of the Service to ensure compliance with these Terms and Conditions and to maintain and improve the provision of the Service. We also may, but are not required to, monitor the content on the Service using manual review or technical measures to screen, block, filter, edit or remove content. We may terminate or suspend users’ accounts or delete, edit or remove content that we, in our sole discretion, deem illegal, offensive, abusive, in violation of these Terms and Conditions or our other policies, or otherwise inappropriate or unacceptable. All enforcement determinations are made in our sole discretion, and we will not incur any liability or responsibility if we choose to remove or delete any content.
You acknowledge, consent, and agree that we may access, preserve, and disclose information about your use of the Service, including your communications and content You submit, if required to do so by law or in a good faith believe that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms and Conditions; (iii) respond to claims that any content You submit violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of us, our users and the public.
Notices
All notices to Company must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to Member Services at Loanbunker.com.
Entire Agreement
Except as provided herein, 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.