Terms of Service

Amax Lending Terms of Service

Welcome to the Amax Lending [NMLS #1912155] Portal i.e. the “The Portal”, “Portal”, or “Service”.

The Portal is comprised of various web pages operated by Amax Lending (“us”, “our”, “we” or “Company”). The Portal is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms of Use”). By using the Service you agree to be bound by these Terms of Use. Company provides the Service in accordance with these Terms of Use. Please read these Terms of Use carefully, and keep a copy of them for your reference.

The Portal is a document workflow management system

The Portal is an online document workflow management system and includes features for uploading, downloading, and managing documents and information related to obtaining a loan.

Privacy

Your use of The Portal is subject to our Privacy Policy. Please review our Privacy Policy.If you are under 18, you may use the Service only with permission of a parent or guardian. If you are under the age of 13, you cannot use the Service. We do not knowingly collect, either online or offline, personal information from persons under the age of 13. Always use caution when giving out any personally identifying information about yourself or your children.

Electronic Communications

You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and through the Service, satisfy any legal requirement that such communications be in writing. These communications are considered part of the Service. You cannot opt out of receiving these communications. Notices to you may be made via either email or regular mail.

Registration of Account

In order to use the Service, you must have a valid account (an “Account”). To establish an Account, you must provide us with a valid email address, a password, and other information. You may update your email address or password at any time. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur through your Account. You may not assign or otherwise transfer your account to any other person or entity.You acknowledge that we are not responsible for third party access to your Account that results from theft or misappropriation of your Account. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security, and ensure that you exit from your Account at the end of each session. We may log you out of your Account if you are inactive for an extended period of time. If your password is stolen or our Account is otherwise compromised, you must immediately notify us and change your password. We cannot and will not be liable for any loss or damage arising from your failure to maintain the security of your Account or password. You represent and warrant that all of the information provided by you to us is correct and current; and you have all necessary right, power, and authority to enter into these Terms of Use and to perform the acts required of you by these Terms of Use. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your Account and refuse you access to the Service.

Collection of your Personal Information

By using the Service, you consent to the collection and use of your Personal Information by us. “Personal Information” means any information that identifies you, such as your name, address, location, social security number, phone number, fax number, or email address. Personal Information includes financial documents and information that you may upload or otherwise transmit or enter into the Service. This information is used to complete certain transactions. From time to time we may request additional Personal Information to provide you with other benefits of the Service. In all such instances, you will be given the opportunity to provide or to decline to provide that information and it will be used only for the stated purpose.

Storage of Personal Information and documents

We may establish general practices and limits concerning use of the Service and data storage limits for your use of the Service. We may modify such practices and limits from time to time without notice.The Service is not intended as a backup or storage system. You agree to maintain backup copies of all of your Personal Information, documents, and communications submitted to the Service. We shall have no responsibility or liability for the deletion of, the failure to store, or the failure to transmit, any Personal Information, documents, or communications maintained by the Service.

The Service is provided “as is”

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF DATA, OR LOST PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE OR ANY OF OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.THE INFORMATION, SOFTWARE, PRODUCTS, AND FEATURES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WE OR OUR SUPPLIERS MAY MAKE IMPROVEMENTS OR CHANGES IN THE SERVICE AT ANY TIME.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF DATA, OR LOST PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE OR ANY OF OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.THE INFORMATION, SOFTWARE, PRODUCTS, AND FEATURES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WE OR OUR SUPPLIERS MAY MAKE IMPROVEMENTS OR CHANGES IN THE SERVICE AT ANY TIME.

Indemnification

You agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities and expenses, including reasonable attorneys’ fees, relating to or arising out of your use of or inability to use the Service.You further agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses, including reasonable attorneys’ fees, relating to or arising out of any documents or information you upload or download or otherwise transmit through the Service; your violation of any of these Terms of Use; your violation of any rights of a third party; or your violation of any applicable laws, rules or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall fully cooperate with us in asserting any available defenses.

No unlawful or prohibited use

As a condition of your use of the Service, you warrant that you will not use the Service for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service.The Service provides communication features including the uploading and downloading of documents. You agree to use the Service only to upload, download, send and receive documents and information that are proper and related to the Service.You agree that you will not:

• upload, post, email, or otherwise transmit any computer viruses, routines, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
• upload, post, email, or otherwise transmit any document or information that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
• upload, post, email, or otherwise transmit any inappropriate, profane, defamatory, infringing, obscene, harassing or threatening documents or information;
• interfere with or disrupt the Service or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service, or otherwise interfere with the Service in any way, including through the use of JavaScript or other coding;
• obtain or attempt to obtain any documents or information through any means not intentionally made available or provided for through the Service;
• take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
• download or access any document or information that you know, or reasonably should know, should not be be accessible to you;
• harvest or otherwise collect information about others, including email addresses, without their consent;
• exceed the scope of the Service that you have signed up for; for example, accessing and using features that you do not have a right to use or sharing your Account information with other people.
• violate any applicable laws or regulations; or

We reserve the right to monitor your use of the Service and edit, refuse to post, or to remove any information or documents, in whole or in part. In addition we may terminate your Account at any time without further warning if it determines that you have violated these Terms of Use or their spirit.

Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Service strictly in accordance with these Terms of Use. You agree not to reproduce, duplicate, copy, sell, resell, or exploit the Service or any portion of the Service without the express permission of us.All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Service, is the property of Company or its suppliers and protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright, trademark, and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale of the Service; or create derivative works of the Service. No resale of the Service is permitted without our express written consent.

Third Party accounts

You will be able to connect your Portal account to third party services. By connecting your Portal Account to a third party service, you acknowledge and agree that you are consenting to the continuous release of information about you to that third party in accordance with your privacy settings with those third party services and the terms of service of those third parties. If you do not want information about you to be shared in this manner, do not use these features. You may disconnect your Account from third party services at any time.We encourage you to review the terms of service and privacy policies of any third-party service you connect to your account so that you can understand how those services collect, use, share, and protect your information. We are not responsible for the terms of service, privacy policies or other content on or of third party services.

Linked Services

The Service may contain links to other services (“Linked Services”). Some Linked Services are not under the control of Company and we are not responsible for the contents of any Linked Service, including without limitation any link contained in a Linked Service, or any changes or updates to a Linked Service. We provide these links to you only as a convenience, The inclusion of any link does not imply endorsement by Us of the Linked Service or any association with its operators.

SMS message service

SMS messages will be sent to you and SMS message service subscribers can:

• Opt in to the SMS service in the Portal Account
• Opt out of the SMS service on the Account Settings page or by replying with the keyword STOP“to the message received”
• Receive assistance with the SMS service by replying with the keyword HELP “to the message received”
• You may receive more than five SMS messages per week, occasionally more. Standard message and data rates may apply.

Other Services

By using the Service or providing your contact information, including but limited to your phone number or e-mail address, you consent to receive automated calls, text messages, and emails from us or our Linked Services for informational and promotional purposes. Your consent is not a condition of purchasing any products or services. Standard messaging and data rates may apply. You may opt out of phone and SMS communications by replying ‘STOP’ to any message received or by contacting us directly. You may opt out of email communications by using the ‘unsubscribe’ link provided in the email.

Termination policy

Your data is yours. You can remove it anytime you want. When you request that we terminate your Account, your Personal Information including your documents will be permanently expunged from our primary production servers and further access to your Account will not be possible. We will disconnect your Account from all third party services. However, there might be some latency in deleting your information and documents from our backup servers and backup storage. We keep these backups to ensure our continued ability to provide the Service in the event of malfunction or damage to our primary production servers. In addition we may retain certain information or documents if necessary to comply with our legal obligations, resolve disputes, or enforce our agreements.We reserve the right, in our sole discretion, to terminate your access to the Service or any portion thereof at any time, without notice. In the event your access is terminated by us, your Account will be disabled and you will not be granted access to your Account or any document or information hosted by the Service. We may delete your documents or information.In the event of termination, we may also withdraw and at our discretion reallocate the public web address of the Service.

Government and legal requests

Our performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Service or documents or information provided to or gathered by us with respect to such use. We reserve the right to disclose any documents or information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

International users

The Service is controlled, operated and administered by our offices within the United States of America. If you access the Service from a location outside the U.S.A., you are responsible for compliance with all local laws. You agree that you will not use the Service in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

California law applies

To the maximum extent permitted by law, these Terms of Use are governed by the laws of the State of California. Any dispute arising under or in connection with the Service or these Terms of Use shall be subject to the exclusive jurisdiction of the state courts located in Los Angeles County, California. You hereby consent to the exclusive jurisdiction and venue of these courts. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including, without limitation, this section.

Not a joint venture

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or use of the Service.If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.

We are not designed or licensed for hazardous environments

Without limiting the foregoing, the Service is not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems.

New, modified, and discontinued features

Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to these Terms of Use. We may at our sole discretion modify or discontinue features of the Service from time to time without prior notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, termination, or discontinuation of the Service.

Access through unauthorized means.

You agree not to access the Service by any means other than through the interfaces that are provided by us for use in accessing the Service.

Injunctive relief

You acknowledge that any use of the Service contrary to these Terms of Use, or any transfer, sublicensing, copying, or disclosure of technical information or materials related to the Service, may cause irreparable injury to Company, its affiliates, suppliers, and any other party authorized by us to promote the Service (“Promoters”), and under such circumstances we, our affiliates, suppliers, and Promoters will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.Any and all rights and remedies of us upon your breach or other default under these Terms of Use will be deemed cumulative and not exclusive of any other right or remedy conferred by these Terms of Use or by law or equity on us, and the exercise of any one remedy will not preclude the exercise of any other.

Statute of limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.

Entire agreement

Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and us with respect to the Service and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Service. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The captions and headings appearing in these Terms of Use are for reference only and will not be considered in construing this agreement.

Changes to the Terms of Use

We and our suppliers reserve the right, in either of our sole discretion, to change the Terms of Use under which the Service is offered. If we change these Terms of Use, you will be required to agree to them prior to resuming use of the Service. If you choose not to agree to the changes, you may terminate your use of the Service.