This Registration Agreement ("Agreement") sets forth the terms and conditions of your use of the TheLoanNavigator.com, Inc Services ("TheLoanNavigator.com") to manage loan portfolios. To complete the registration process, you must read and agree to be bound by all terms and conditions of this Agreement, the accompanying fee schedule and dispute policy, and any rules or policies that are or may be published by TheLoanNavigator.com. This Agreement will become effective if accepted by TheLoanNavigator.com.
1. Fees
As consideration for the subscription registration services provided by TheLoanNavigator.com, the TheLoanNavigator.com member through which your application is processed shall pay all applicable initial registration fees and renewal fees. You will be notified when renewal fees are due, and it shall be your responsibility to ensure that such fees are paid. Should these fees go unpaid by the time specified in the renewal notice, your registration will be canceled. You agree that TheLoanNavigator.com shall have no liability whatsoever with respect to any such cancellation.
2. Dispute Policy
You agree to be bound by the current TheLoanNavigator.com Subscription Dispute Policy ("Dispute Policy") which is incorporated into this Agreement by reference. The Dispute Policy can be found at http://TheLoanNavigator.com/dispute-policy. Any disputes regarding the right to use your subscription will be subject to the Dispute Policy under the ICANN UDRP (Uniform Dispute Resolution Process). You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time your subscription is challenged by a third party.
3. Use of Your Information
As part of the registration process, you are required to provide certain information and to update this information to keep it current, complete and accurate. This information includes (i) your full name, postal address, e-mail address, voice telephone number, and fax number if available; (ii) the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation.
4. Use Policies
TheLoanNavigator.com reserves the right to suspend or cancel your subscription in the event that you use the site in connection with unlawful activity or for purposes other than the original intent of the site.
5. Agents and Licenses
You agree that, if your subscription is registered on your behalf by anyone acting as your agent (e.g., an Internet Service Provider, employee, etc.), you are nonetheless bound as a principal by all terms and conditions provided herein, including the Dispute Policy.
6. Limitation of Liability
YOU AGREE THAT TheLoanNavigator.com WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (a) ANY LOSS OF REGISTRATION OF A SUBSCRIPTION, (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO TheLoanNavigator.com'S REGISTRATION SYSTEM; (c) THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND TheLoanNavigator.com; (d) EVENTS BEYOND TheLoanNavigator.com'S REASONABLE CONTROL; (e) THE PROCESSING OF THIS APPLICATION; (g) THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR SUBSCRIPTION, (f) THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER; OR (g) THE APPLICATION OF THE DISPUTE POLICY. FURTHER, TheLoanNavigator.com WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF TheLoanNavigator.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TheLoanNavigator.com'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO TheLoanNavigator.com FOR REGISTRATION OF YOUR SUBSCRIPTION FOR THE TERM CURRENTLY REGISTERED UNDER THE TERMS OF THIS AGREEMENT. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
7. Indemnity
You agree to defend, indemnify and hold harmless TheLoanNavigator.com and any applicable subscription registry, and the directors, officers, employees and agents of each of them, for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to your subscription or the use thereof. This indemnification is in addition to any indemnification required under the Dispute Policy.
8. Representations and Warranties
You represent and warrant that all information provided by you in connection with your registration is complete and accurate. TheLoanNavigator.com makes no representation or warranties of any kind in connection with this Agreement. TheLoanNavigator.com does not represent or warrant that registration of your subscription will immunize you from challenges to your subscription.
9. Breach and Revocation
Any breach by you of this Agreement or the Dispute Policy must be
remedied by you within 30 days of notice by TheLoanNavigator.com. If you fail to cure the
breach, TheLoanNavigator.com may revoke your registration of the subscription.
You also agree that TheLoanNavigator.com shall have the right in its sole discretion to
revoke, suspend, transfer or otherwise modify a subscription registration
upon seven (7) calendar days prior written notice, or at such time as TheLoanNavigator.com
receives a properly authenticated order from a court of competent
jurisdiction, or arbitration award, re-querying the revocation, suspension,
transfer or modification of the subscription registration.
10. Governing Law
This Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of Montana, US, as if the Agreement was a contract wholly entered into and wholly performed within Montana State. Any action to enforce this Agreement or any matter relating to your use of the TheLoanNavigator.com site shall be brought exclusively in the courts of United States located in Montana.
11. General
This Agreement, the TheLoanNavigator.com fee schedule and the Dispute Policy, together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you and TheLoanNavigator.com, and supersede and govern all prior proposals, agreements, or other communications.
Nothing contained in this Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of TheLoanNavigator.com to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by TheLoanNavigator.com of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. TheLoanNavigator.com will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of TheLoanNavigator.com as reflected in the original provision. No provision of this Agreement, including the TheLoanNavigator.com fee schedule may not be amended or modified by you except by means of a written document signed by TheLoanNavigator.com.