Updated Date: 3/20/2023
This website and application is owned and operated by Agentdesks, Inc., dba LoanDesk (“LoanDesk”), a licensed mortgage brokerage headquartered at 1160 Battery Street East, San Francisco CA 94111, which is referred to below as “LoanDesk” or “we” or “us” or “Company” or “our”.
The Nationwide Mortgage Licensing System (NMLS) Identification Number for LoanDesk is 2262435.
Your eligibility for particular products and services is subject to our final determination, restrictions, and acceptance. We may discontinue or make changes to the information, products, licenses, or services described on this website at any time. Any dated information is published as of its publication date only. We do not undertake any obligation or responsibility to update or amend any such information. We reserve the right to terminate any offerings without prior notice.
Any commercial use of this website or its content is prohibited. You may print a copy of the information contained on this website only for your personal use
You agree that we cannot be responsible for any loss, damages, costs, or expenses which you may suffer or incur, directly or indirectly, as a result of the unavailability of the website, regardless of whether it could be shown that we could have prevented or reduced the duration of such unavailability by taking any action within our reasonable control. Moreover, we cannot be responsible for any loss, damages, costs, or expenses which you may suffer or incur, directly or indirectly, as a result of your inability to access the website caused directly or indirectly, in whole or in part, by your computer or mobile device, your inability to establish a connection to the internet.
To protect the security of your information, we may require you to authenticate your identity to conduct certain transactions on this website. It is a good idea to protect your security by always logging out and closing your web browser after leaving the website. If you believe that information that you have submitted through the website has been used without your permission, you must tell us immediately.
Providing your telephone contact information to us means you have consented in writing to receive SMS communications (text messages) from us. When consenting to SMS notifications, you authorize us or our servicing agents to send SMS notifications to any phone number provided to us or our service agents in connection with your account, application, loan, and closing.
You may withdraw your consent to receive SMS notifications by replying with “STOP” or emailing email@example.com. Any withdrawal of your consent to use SMS notifications will be effective only after we have a reasonable period to process your withdrawal.
There is no service fee for SMS notifications, but you are responsible for any charges associated with text messaging imposed by your communications service provider.
We follow generally accepted industry standards to protect the personal information submitted to the company, both during transmission and once the company receives it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect our user’s personal information, we cannot guarantee its absolute security.
During the process of your mortgage application, you may submit certain information to us. We do not claim ownership of the information you provide, post, upload, input, or submit to us or our service providers. By posting, uploading, inputting, providing, or submitting information, you are granting us and any vendors necessary to the course of your transaction permission to use the information to fulfill your request for services.
You agree that under no circumstances will we be liable to you or any other person or entity for any damages or injury, including any direct, special, incidental, consequential, or punitive damages or any damages or injury caused by error, inaccuracy, omission, interruption, defect, failure of performance, delay in operation or transmission, telecommunications failure or computer virus or other problem, that may result from the use of, or the inability to use, this application or the application content on or available through this application, whether in an action alleging breach of contract, negligence or any other cause of action, or arising out of or in connection with the use or performance of any application content on or available through this application. You agree that we shall not be liable even if we have been advised of the possibility of such damages.
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall our total liability to you for damages, losses, and causes of action exceed the amount paid by you, if any, in accessing or using this application of application content thereon.
Unless we have signed a state-mandated written agreement with you that states otherwise, we have no special relationship with or fiduciary duty to you.
You agree to indemnify and hold us harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of our website or application, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your uploaded content. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of us. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
All disputes will be governed by California law, without regard to conflicts of laws rules, and to the maximum extent permitted by applicable law, the parties hereby waive the right to a jury trial for any such disputes. The state courts located in San Francisco, California, or the federal courts of the Northern District of California, will have jurisdiction over any disputes, and both parties hereby consent and submit to the jurisdiction of such courts for such disputes and waive any objections to the exercise of such jurisdiction. Such courts will have exclusive jurisdiction over any such disputes, except that we may bring an action for recovery of injunctive or provisional relief, or an action claiming infringement or misappropriation of intellectual property rights, or both, in any court of competent jurisdiction under the laws applicable thereto.
All disputes will be referred to and finally settled by either (i) informal means, and if such means are unsuccessful at resolving the dispute(s), (ii) binding arbitration. Such arbitration will be conducted before a single arbitrator conducted by the American Arbitration Association (AAA), in accordance with the AAA Commercial Arbitration Rules in effect at the time of arbitration. The venue for the arbitration will be in San Francisco. The parties hereby waive the right to a trial by jury and agree to only bring claims in an individual capacity and not as a plaintiff or class member in any purported class, consolidated or representative proceeding. All disputes will be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions. Except to the extent required by law or in order to enforce arbitral awards in court, the parties shall keep confidential, make no public announcements regarding, and shall not disclose the existence of (a) any dispute, (b) the existence or details of the arbitration proceeding, or (c) all related documents, materials, evidence, judgments and awards therein.
The parties acknowledge that if one or more provisions of this agreement is found to be unenforceable, invalid, preempted, or unlawful for any reason, the parties’ intention is to (a) maintain the enforceability of such invalid or unenforceable provision in any circumstances other than those this in which the provision is held to be unenforceable and (b) modify such provision to the extent the provision can be rendered enforceable.
These terms will not be assigned, delegated, or transferred by you, in whole or in part, whether voluntarily, involuntarily, by merger, consolidation, dissolution, sale of assets, or otherwise, without our prior written consent. Any such purported assignment, delegation, or transfer without such written consent will be void. We may at any time assign these terms without prior consent or notice. These terms will be binding on, and inure to the benefit of, the parties and their respective and permitted successors and assigns.
You acknowledge and agree that breach of these terms, or any unauthorized use, disclosure, or distribution of LoanDesk, may cause irreparable harm to us, the extent of which would be difficult to ascertain, and that we will be entitled to seek immediate injunctive relief (in addition to any other available remedies), in any court of competent jurisdiction under the applicable laws thereto.
The terms constitute the entire agreement between you and us and govern your use of LoanDesk, superseding any prior agreements, understandings, communications, or proposals. No waiver of any provision of these terms will be deemed a further waiver or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms will not constitute a waiver of such right or provision. Nothing herein will be deemed to create an agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship of any kind between us and any user or other person or entity, nor do these terms extend rights to any third party.
Please contact us with any questions regarding these Terms. Please report any violations of the Terms to firstname.lastname@example.org.