LoanBack Terms and Conditions of Use (Last Updated: May 1,2009)

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

Basic Terms of Use

1. Purpose: The purpose of the LoanBack website is to provide documentation and record keeping for private party financial transactions. LoanBack does not handle money, provide loans, or act in any other way as a money transmitter or a bank.
2. Credit Reporting: LoanBack currently does not report payment history to national credit bureaus for accounts that are serviced by LoanBack. LoanBack does not provide credit checking services for LoanBack users.
3. UCC Financing Statements. LoanBack does not guarantee or warrant the validity of title or priority of liens to any property exchange through use of our services.
4. Debt Collection. LoanBack is not a debt collector. LoanBack provides no services regarding the enforcement of payment due between parties through the use of its services.
5. Interest Rates: You are solely responsible for determining the interest rates applied to any loan serviced by LoanBack, including knowledge of all federal, state and local regulations that may apply to the type and size of the loan.
6. Compliance with the Law. You are solely responsible for complying with all laws in your local jurisdiction, including notices, filings, etc. arising from the fact of the loan.
7. Taxes. LoanBack does not deduct, withhold, or otherwise account for any taxes due arising from the fact of the loan.
8. Patriot Act Verification: LoanBack is not a "money transmitter" as defined by federal law. Nevertheless, LoanBack may be required to provide certain account and activity information to the federal government. See LoanBack's Privacy Policy for a full disclosure of LoanBack's handling of your personal information.
9. Personal Conduct:
   1. You must not impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity.
   2. You must not use multiple registrations with or without multiple identities, different contact information or different bank information for any reason, whether or not legal.
   3. You must not provide LoanBack with any false or incorrect contact information, whether or not purposeful, negligent or intentional.
   4. You must not abuse, harass, threaten, impersonate, intimidate, slander, stalk or otherwise harm in any way any LoanBack member, employee or other persons connected to LoanBack.
   5. You must not modify, adapt or hack LoanBack or modify another website so as to falsely imply that it is associated with LoanBack.
   6. You may not use LoanBack for any illegal or unauthorized purpose.
   7. You must not, in the use of LoanBack, violate any laws in your jurisdiction (including but not limited to finance laws), whether or not intentional.
   8. You must not tamper, hack, modify or otherwise corrupt the security or functionality of LoanBack's services or its website.

General Conditions

10. Change of Conditions: We reserve the right to alter these Terms and Conditions of Use at any time. If the alterations constitute a material change, we will notify you by posting the updated version on the website. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgment. We encourage you to periodically review these Terms and Conditions of Use when you use the LoanBack website to see if there have been any changes.
11. Change of Pricing/Services: LoanBack reserves the right to change its pricing, services, and means of providing services at any time without notice.
12. Refusal of Service. We reserve the right to refuse service to anyone for any reason at any time.
13. Termination of Services:
    1. LoanBack reserves the right to terminate services with any user at any time for violation of these Terms and Conditions of Use.
    2. LoanBack reserves the right to terminate services with any user for any reason. LoanBack will use reasonable efforts to notify its user of any intent to terminate within ten (10) days of the termination notice.
    3. User may terminate any services as specified in the individual service agreements.
14. Privacy Policy: LoanBack believes in the privacy of your personal information. LoanBack has adopted, and posted, its Privacy Policy on its website. Any violation of LoanBack’s Privacy Policy is a violation of these Terms and Conditions of Use and will result in the termination of your LoanBack account.
15. Electronic Communication. You hereby consent to receive by electronic means this Agreement and any and all disclosures and/or notices required to be given by applicable law or regulation. You further consent to allow LoanBack to respond to any inquires by email regardless of the format of the original inquiry.
16. Copyright: All LoanBack website materials, including without limitation, the LoanBack logo, design, text, graphics, source code and other files and the selection and arrangement thereof (collectively “content”) are either ALL RIGHTS RESERVED Copyright © 2009 or are the proprietary property of LoanBack. You may electronically copy and print to hard copy portions of the LoanBack website for the sole purpose of using materials it contains for informational and non-commercial, personal use only, provided that you keep all copyright or other proprietary notices intact. Any other use of Content, including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display or performance, without the prior written permission of LoanBack is strictly prohibited.
17. Trademarks: “LoanBack.com”, “LoanBack” and all other trademarks on the LoanBack website are either trademarks or registered trademarks of LoanBack and may not be copied, imitated or used in whole or in part, without the prior written permission of LoanBack. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks, and/or trade dress of LoanBack, and may not be copied, imitated, or used in whole or in part, without the prior written permission of LoanBack. All other trademarks registered trademarks, product names and company names or logos mentioned on the website are the property of their respective owners.
18. Intellectual Property: LoanBack may have other patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in any web pages, and any software that are part of the website. Unless LoanBack has granted you licenses to its intellectual property, LoanBack’s providing you with such web pages or any software does not give you any license to its intellectual property. Any rights not expressly granted herein are reserved.
19. Hyperlinks: You are granted a limited, nonexclusive right to create a hyperlink to the homepage of LoanBack website only, provided such link does not portray LoanBack, its users or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any LoanBack trademark, logo or other proprietary information, including the images found at the LoanBack website, the content of any text or the layout/design of any page or form contained on any page of the LoanBack website, without LoanBack’s express written consent. Except as noted above, you are not conveyed any right or license, by implication, estoppel or otherwise, in or under any patent, trademark, copyright or proprietary right of LoanBack or any third party.
20. Third-Party Content & Services: LoanBack may provide hyperlinks to sites and content of third parties (“Third-Party Content”) as a service to those interested in this information. LoanBack does not monitor nor does LoanBack have control over any Third-Party Content. LoanBack does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. LoanBack does not warrant the accuracy of any information contained on, and undertakes no responsibility to update or review, any Third-Party Content. Users use these hyperlinks and Third Party-Content contained therein at their own risk.
21. Disclaimer:
    1. LOANBACK IS NOT A LAW FIRM AND IS NOT AUTHORIZED TO PROVIDE LEGAL ADVICE IN ANY JURISDICTION. USER IS SOLELY RESPONSIBLE FOR VERIFYING THAT THE TERMS OF THE AGREEMENTS, INCLUDING INTEREST RATES, ARE LEGALLY ENFORCEABLE IN A SPECIFIC JURISDICTION.
    2. THE LOANBACK WEBSITE AND THE CONTENT AVAILABLE ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
    3. LOANBACK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
    4. LOANBACK DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. LOANBACK DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
    5. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE AND ITS CONTENT IS AT YOUR SOLE RISK.
22. Limitation of Liability: IN NO EVENT SHALL LOANBACK OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THIS WEBSITE OR CONTENT CONTAINED ON, OR ACCESSED THROUGH, THIS WEBSITE, EVEN IF LOANBACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you.
23. Indemnification: You agree to defend, indemnify and hold harmless LoanBack and its affiliates, officers, directors, agents, suppliers and licensors from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the LoanBack website and its services.
24. Applicable Law: These terms and conditions shall be governed by and construed in accordance with the laws of the State of California, without regard to its choice of law principles to the contrary. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the state and federal courts residing in Santa Clara County, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Notice.
25. Severability: If any provision of these Terms and Conditions of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
26. Entire Agreement: This Terms and Conditions of Use set forth the entire agreement between you and LoanBack, and supersedes any prior communications, understandings and agreements.
27. Refund Policy: We will honor refunds within 30 days from the date of purchase. Please contact us directly for refund inquiries.