LICENSE AND USER AGREEMENT
WEB SITE TERMS AND CONDITIONS OF USE BETWEEN
PITCHSIMPLE, INC. and USER
The use of pitchSIMPLE.com is subject to the following terms, conditions and limitations. If you do not agree with all the terms and conditions, you are not authorized to use this website.
IMPORTANT READ CAREFULLY: This Application Service Provider’s License and Web Site Terms and Conditions of Use (hereinafter "Agreement") is a legal contract between you , an individual or an individual acting on behalf of your company, a corporation, partnership, or other legal entity that will be using pitchSIMPLE.com (hereinafter "User" and or “You”) and pitchSIMPLE, Inc., a Maryland Corporation (hereinafter "PS"). This Agreement relates to pitchSIMPLE’s Web site at www.pitchsimple.com (hereinafter the "Site") and the PS software products provided on the Web site, including computer software and "online" or electronic documentation (hereinafter the "Software Applications").
BY CLICKING THE "I ACCEPT" BUTTON BELOW OR WHEN ENTERING THE SITE AS A PAID USER, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, INDEMNITY AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE APPLICATIONS OR THE SITE AND EXIT NOW.
SERVICE TERMS:
1. Annual Subscription :
PS service is offered on an annual basis for a term that begins on the date that you subscribe and ends on the same date the following year.
Depending on which package you purchase, your subscription gives each assigned user unlimited worldwide access to create loan proposals for one full year commencing on the date of purchase and ending on same date following year.
By agreeing to purchase any of the packages listed below, you (the purchaser) are agreeing to limit USER accounts to no more than the allowable amount per package, including ADMINISTRATOR. Additional USERS may be added by upgrading account to one of our larger packages. For individual USER add-ons, pitchSIMPLE may offer DISCOUNTED rates per USER. Please contact pitchSIMPLE for requests on individual USER discounts
Packages with user maximums:
- Single User- 1 user including Administrator
- Silver – 4 users including Administrator
- Gold-- 15 users including Administrator
- Platinum—30 users including Administrator
- Diamond—50 users including Administrator
- Unlimited 100—100 users including Administrator
2. Monthly Billing Plans
All multi-user plans will be billed on a monthly basis. Monthly subscriptions are not subject to our guarantee policy. You can opt out at any time without penalty, however, you will not be refunded any portion paid to pitchSIMPLE prior to opting out. There is no pro-rate, therefore, your credit card will not be billed the following month after you opt out. Any monies paid within the month you decide to opt out is non refundable.
REFUNDS AND GUARANTEES
Each annual subscription is prepaid. If results as listed on PS web site in the “Guarantee” section are not achieved, PS will refund the full purchase price if the purchaser is not satisfied for any reason within the first 60 days of the purchase date. Purchaser must use PS to present their loan offer a minimum of 10 times before being eligible for a refund.
Monthly subscription clients are not entitled to the above refund policy.
2. Registration
After purchasing PS, an administrator will assign passwords to each applicable USER and set up company registration data.
You will use best efforts to safeguard your account information and password and will immediately notify PS in the event of any loss or compromise thereof. YOU AGREE FURTHER THAT YOU WILL NOT, UNDER ANY CIRCUMSTANCES ALLOW YOUR USER ID OR PASSWORD TO BE USED BY ANY OTHER PERSON.
The User is responsible for safeguarding and maintaining the confidentiality of the User’s account and password and for restricting access to your computer.
3. Privacy
At pitchSIMPLE Inc., user privacy is important. We are committed to privacy and security, and to providing the best possible user experience for our users. We also strive to protect the personal and confidential information of those who use our on-line services. Click here for our full Privacy Policy. This policy may be updated by us from time to time, so please check here frequently.
USE OF YOUR CLIENT INFORMATION
pitchSIMPLE Inc. and its web space hosting provider agree to the following privacy statements and face legal consequences upon any violation thereof. pitchSIMPLE’s web space hosting provider have contracted independent of this agreement with PS directly to adhere to all of the following statements listed in this agreement and face legal consequences upon any violation thereof. pitchSIMPLE understands the sensitivity of the data being stored and will treat any violation of the policies expressed herein with the most serious of consequences.
PS will use all resources at our disposal to protect you and your client information in the same manner in which we protect our own information, including the security precautions set forth below.
PS will not sell nor share your company and/or your customer’s information to any third party, any PS client (current or past), or any corporate affiliate, for any purpose. We will not market our products to your clients or otherwise solicit your clients directly for any purpose.
PS shall not sell, distribute or tamper with any data contained within pitchSIMPLE, Inc.'s Web space, including company, customer and 3rd party data. PS shall not change and/or manipulate any data contained within pitchSIMPLE, Inc.'s Web space.
PS shall not use, nor permit the use of by any person, pitchSIMPLE, Inc.'s Web space or any part thereof, including any links to other web space, (a) to transmit any obscene communication (i) with intent to annoy another person or (ii) to any person under 18; or (b) to send to, or display any communication which depicts or describes nudity, sexual or excretory activities or organs.
PS shall not use, nor permit the use of or by any person, pitchSIMPLE, Inc.'s Web space or any part thereof, including any links to other Web space, to transmit unsolicited advertisements of services or products, a practice also known as "spamming".
pitchSIMPLE, Inc. shall not use, nor permit the use of or by any person, pitchSIMPLE, Inc.'s Web space or any part thereof for the purpose of off-loading bandwidth usage of another site not hosted at Web Connection.
Prohibited Uses
PS grants User access to the Site during the term of this Agreement solely to receive the Software Applications and other displayed information. The User may access, download, Print, copy and distribute and modify materials as necessary to use the Software Application. You may not license, create derivative works from, or sell any information, databases or lists obtained from the Site. The User shall not access or attempt to access password protected, secure or non-public areas of the Web site without PS's prior written permission. The User will comply with all privacy laws.
YOUR REPRESENTATIONS - NO UNLAWFUL USE
User represents and warrants that the person consenting to this Agreement is the owner, manager, or loan officer of a mortgage lender or brokerage. The User represents that such person has the authority to bind your company or organization.
As a condition of your use of this Site, you warrant to PS that you will not use this Site for any purpose that is unlawful or prohibited by these terms. If you violate any of these terms, your authority to use the Site automatically terminates.
No part of the Web Site may be reproduced, stored in a retrieval system or transmitted in any form or by any means - electronic, mechanical, photocopying, recording or otherwise without the prior written permission of PS and the respective intellectual property rights owner.
You shall not use any computer code, data mining software, "robot","spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this site or accessed through this site.
The use of this Site involves the exchange of personal information and financial information. The User assumes responsibility to ensure that the use of this Web Site and exchange of information hereunder is in compliance with Federal, State and Local laws.
The User will comply with all Federal, State and Local laws and regulations applicable to mortgage lenders and brokers, including, without limitation, the Truth in Lending Act and RESPA.
The User acknowledges that the materials and documents generated by use of the Web Site do not replace federal and state regulated disclosures that must be generated and sent for each transaction by a mortgage broker and or lender. It is the sole responsibility of the User and any employee of the User to properly disclose all terms of the loan per state and federal guidelines and laws.
ANNUAL PERCENTAGE RATE ( APR )
It is the user’s sole responsibility to comply with all Federal, State, and Local laws regarding the disclosure of APR . PS offers every user the capability of disclosing the APR if they so choose or are required by law. PS cannot be held liable for any user that neglects to utilize this feature.
OTHER LIMITATIONS
The User may not lease, lend, license, rent, or sublicense the Software Applications. You may not disassemble, modify, decompile, reverse engineer, or distribute, the Software Applications, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Any supplemental software code provided to you by PS in connection with a support request or otherwise shall be considered part of the Software Applications and subject to the terms and conditions of this Agreement.
Without prejudice to any other rights, PS may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such event PS may suspend or deactivate your use of the Software Applications with or without notice.
SITE USE
No liability is accepted for any consequences alleged to arise from an omission or inaccuracy in the Web Site, Program or information obtained through the use of the Web Site. PS and its representatives are not responsible for any problems or consequences pertaining to any directly or indirect action or inaction that the User undertakes based on the information, services or other material on this Site. PS will make reasonable efforts to keep the information on this Site complete and up-to-date, but, PS and its representatives cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information including but not limited to any loan offer disclosed on a proposal generated by the use of the Web Site and or Program.
Proprietary Rights
No reproduction, distribution, or transmission of the copyrighted materials at this Site is permitted without the prior written permission of PS.
The pitchSIMPLE name and logo and all related product and service names, design marks and slogans are the trade names, service marks, or trademarks of pitchSIMPLE and may not be used without the prior written consent of PS.
GOVERNING LAW -ARBITRATION
This Agreement shall be governed by the laws of the State of Maryland . By using this Software Application, you agree that any and all disputes you may have with, or claims you may have against PS, arising out of or connected in any way with this Agreement, will be resolved individually, without resort to any form of class or representative action, and exclusively by final and binding arbitration in Maryland pursuant to the rules established by the American Arbitration Association ("AAA").
PROPRIETARY RIGHTS
Copyright and Display of Images.
The User acknowledges and agrees that all right title and copyrights in and to the Software Applications (including, without limitation, any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software Applications), the accompanying media and printed materials, and any copies of the Software Applications are owned by PS or its suppliers.
You may distribute and display to your clients or borrowers copies of any Mortgage Proposal or other image or content generated by the Software Applications, in either electronic or printed format, provided that (i) you include in any such display or distribution any disclaimers included in such content; and (ii) you do not provide such images or content to third parties for their further distribution.
DISCLAIMER OF WARRANTY AND INDEMNITY
WHILE PS OBTAINS DATA USED BY OR COMPRISING THE SOFTWARE APPLICATIONS FROM SOURCES BELIEVED TO BE RELIABLE, THE SITE, THE SOFTWARE APPLICATIONS AND THE ACCOMPANYING FILES AND DATA ARE PROVIDED "AS IS WHERE IS." PS AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE APPLICATIONS OR SUCH FILES OR THE ACCURACY OR COMPLETENESS OF ANY DATA OR OUTPUT. PS AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO TITLE OR INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, ACCURACY OR COMPLETENESS OF DATA OR FITNESS FOR ANY PARTICULAR PURPOSE.
LIMITATION TO DAMAGES
THE USER ASSUMES THE ENTIRE RISK OF USING THE SOFTWARE APPLICATIONS.
Under no circumstances shall PS or any of its officers, directors, employees, subsidiaries, agents, parents or affiliates be held liable for any indirect, incidental, special or consequential damages, (including, without limitation, damages or losses whether of a personal, public, institutional or corporate nature, loss of any revenues or profits) arising in contract, tort or otherwise from the use of the Contents contained in it, or form any action or decision taken as a result of using the Web Site or the Contents. PS’s liability to the User for breach of the Agreement is limited to the amount actually paid by the User for access to and to use the PS’s services. The User hereby releases PS from any and all obligations, liabilities and claims in excess of this limitation.
Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long a given warranty may last, so the above limitations may not apply to you.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PS AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES (COLLECTIVELY, THE "INDEMNIFIED PARTIES") FROM AND AGAINST ANY DAMAGES, LOSSES, LIABILITIES, JUDGMENTS, AWARDS, COSTS AND EXPENSES OF ANY NATURE WHATSOEVER, INCLUDING REASONABLE ATTORNEY'S FEES AND COURT COSTS, INCURRED BY ANY INDEMNIFIED PARTY ARISING OUT OF OR RELATING TO ANY THIRD PARTY CLAIM BASED ON OR RELATING TO YOUR USE OF THE APPLICATION SERVICES (OTHER THAN A CLAIM FOR INFRINGEMENT) INCLUDING ANY CLAIMS FROM YOUR CLIENTS OR BORROWERS RELATING TO ANY IMAGES, CONTENT OR OTHER OUTPUT GENERATED BY THE SOFTWARE AND ANY LIABILITY RELATING TO YOUR FAILURE TO COMPLY WITH APPLICABLE LAW.
LINKS TO THIRD PARTY SITES
This Site may contain hyperlinks to Web sites operated by parties other than PS, or its affiliates. Such hyperlinks are provided for your reference only. PS does not control such web sites, and is not responsible for their content. Inclusion of hyperlinks by PS to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators, and your access to and use of such sites, including information, material, products and services therein, is solely at your own risk. Furthermore, because the PS privacy policy is applicable only when you are on our Site, once linked to another web site, you should read that site's privacy policy before disclosing any personal information.
MISCELLANEOUS
PS’s failure to enforce its rights hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights. Notwithstanding any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term.
The pitchSIMPLE name and logo and all related product and service names, design marks and slogans are the trade names, service marks, or trademarks of PS or its affiliates, and may not be used without the prior written consent of PS.
All other trademarks are the property of their respective owners.
Copyright © 2006 pitchSIMPLE, Inc. All Rights Reserved.
