MyLoanOfficer.us Website System Terms & Conditions VERSION 3 07.06.2023
Below are the Terms & Conditions for the MyLoanOfficer.us Website System.
Important areas covered include but are not limited to:
- Costs, billing and cancellation policy
- Who owns the website
- Reasons we may cancel your account
THIS AGREEMENT is entered into by and between REVERSE FOCUS, Inc., ("RF") a California corporation, with its principal place of business at P.O. Box 493699 Redding, CA 96049, and the person granted the license under this Agreement ("Licensee").
TERMINOLOGY
Clarification of Terminology used in this document:
REVERSE FOCUS, Inc. ("RF") - is the company who owns this online website template system. MyLoanOfficer.us Website System ("MyLO-US System") - refers to the template system developed by RF, including the website template and Administration area where users customize the template to their own personal information. User Site - refers to the customized sites of individual users or offices.
TERMS & CONDITIONS
Cost & Billing.
Licensee agrees to pay to RF, upon execution of this Agreement, the current published fees for initial site set-up and a prorated monthly subscription amount based on the number of days remaining in the first month of service. Thereafter, monthly renewals will be billed automatically on the first of each month via the credit card entered in the Licensee's account. If the credit card becomes invalid, the Licensee will be notified by email and will have 5 days to correct the problem before they will lose access to the site and it will no longer appear online. Once the billing is brought up to date, the site and all its content can be restored as it was. Services are provided on a monthly basis. The Licensee has the right to cancel at any time via email to info@reversefocus.com or support@reversefocus.com.
Term of the Agreement.
The Agreement and provisions, except as otherwise provided, will be in full force and effect commencing on the date of acceptance by RF and will extend as long as the account is in good standing. Licensee will, thereafter, have the option of renewing the Agreement on a monthly basis.
Cancellation.
The following termination rights are in addition to the termination rights that may be provided elsewhere in the Agreement:
Compliance.
REVERSE FOCUS, Inc. has made every effort to include content related to the Home Equity Conversion Mortgage (reverse mortgage) that is accurate and meets most compliance guidelines and requirements. It is the responsibility of each end user to submit their proposed website to their respective lender or broker for compliance review and approval.
RF is not a mortgage bank or lender and does not itself provide loan origination services under this Agreement and gateways to the Internet. RF will have no responsibility or liability for any lender / bank compliance issues.
A. Immediate Right of Termination. RF will have the right to immediately terminate this Agreement in the event of any of the following acts by Licensee:
(1) Failure to pay Monthly Fees, including REVERSEFOCUS.COM Membership fees if account is based on a membership. Note that a 5-day grace-period will be allowed to correct for inadvertent errors in the stored credit card information. Warnings of payment failures will be sent via email to the address provided in the Contact area of your Administration panel. After the 5-day grace period, your website will cease to appear on the internet and you will lose access to the Administration area until payment is brought up to date. (2) Inclusion of any false, misleading or otherwise prohibited information on the Website; (3) Noncompliance with any of the terms or purposes of this Agreement or any other Agreement entered into by the parties.
B. Cancellation by Licensee
You can cancel your account at any time. Any set-up charges and monthly fees that have been paid will NOT BE REFUNDED. Monthly subscription charges are processed on the first or second calendar day of each month. Cancellations must be received and acknowledged either by email or in writing prior to the first billing day to avoid charges for that month.
Post-Termination Rights.
Licensee will not be refunded any of the License Fees paid under this Agreement if the Agreement is terminated under the terms of this Agreement. Upon termination by either party for any reason the Website will remain under the exclusive ownership and control of RF. The Licensee will retain no rights in the Website or URL.
C. Who Owns the User Sites and MyLoanOfficer.us System?
RF owns both the MyLoanOfficer.us System and the User Sites. However, by paying the set-up fee and monthly usage fees, the Licensee gains complete access to edit the customizable areas of their site and use the website for marketing and educational purposes. The MyLoanOfficer.us System is built upon a master template that contains core reverse mortgage related content which is copyrighted and intellectual property of Reverse Focus, Inc. for the sole use website subscribers.The website files cannot be downloaded or transferred to another hosting company. If you cancel your subscription, you will lose the content that is online.
The design and pre-placed content of the system are copyrighted by RF and cannot be used to create another website. However, any content you enter is your own and can be used by you on other marketing materials including web sites.
If the Licensee cancels their account, or stops paying their monthly fees, the site and their administrative area will no longer be accessible. The user will lose rights to use the files and content.
RF has devoted its talents, originality, time, effort and substantial funds to developing and refining, and has substantial property rights in the MyLoanOfficer.us Website System.
The Website contains Intellectual Property ("IP"), owned by RF.
The purpose of this Agreement is primarily to allow Licensee the use of the MyLoanOfficer.us system to create their own User Site that will support the Licensee in educating the public and relevant professionals about reverse mortgages and to provide related services to these audiences. The User Site will also allow Licensee to provide clients or potential clients with Licensee's direct contact information.
Content Limitations
RF reserves the right to modify any User Site that includes any false, misleading, unlawful, obscene or otherwise prohibited information and reserves the right to cancel accounts that do not reflect the ethical standards of REVERSE FOCUS as interpreted by its leadership team.
RF may remove the Website, or any of the information which Licensee is prohibited from including in the Website at any time without notice or liability to Licensee.
Intellectual Property Rights.
Licensee acknowledges that RF has exclusive rights to the IP contained in the Website. Licensee will not, at any time during or after the Term of this Agreement, dispute or contest, directly or indirectly, RF's exclusive right and title to the IP or the validity thereof. Licensee assigns, conveys and transfers any and all right, title or interest Licensee may otherwise have or claim in any IP, to RF or its parent company. Licensee agrees that its use of the IP inures to the benefit of RF and that the Licensee will not acquire any rights in the IP or any derivative works created by Licensee utilizing the IP as a result of this Agreement. If the licensee cancels their agreement with RF, the licensee loses their ability to use any of RF content, images, and videos found on website. Copying, reproducing, or transferring any content from your website with RF to another platform is strictly prohibited.
- 1. Disclaimer of Liability.
RF is not an Internet Service Provider ("ISP") and does not itself provide for the URL provided under this Agreement and gateways to the Internet. RF will have no responsibility or liability for any disruption, failure or cessation of the Website or any consequential loss or damages associated with use of the Website.
- 2. Attorneys' Fees.
If legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or arising from or related to an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party will be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding from the non-prevailing party, in addition to any other relief to which it or they may be entitled.
- 3. Agreement to Perform Necessary Acts.
Each party agrees to perform any further acts and execute and deliver any documents which may be reasonably necessary to carry out the provisions or purposes of this Agreement.
- 4. Notices.
A. Any notice required to be given to Licensee pursuant to this Agreement will be sent to the email address provided by Licensee in their Account Profile.
B. Licensee may change the email address to which notice is to be sent by updating their Account Profile.
C. Any notice required to be given to RF pursuant to this Agreement will be sent to:
Email:
info@reversefocus.com
Mail:
Reverse Focus, Inc.
P.O. Box 493699 Redding, CA 96049
Physical Address:
1320 Yuba Street, Redding CA 96001
D. RF may change the address which notice is to be sent by sending notice to the email address provided by Licensee in their Account Profile.