The submission of information to Marathon Mortgage Services Inc. DBA Loanbunker.com (as defined below),
access to, and use of the Loanbunker.com website (located at www.Loanbunker.com), and the real estate
information services provided thereon (collectively, the "Service") is subject to the following
contractually binding terms and conditions (the "Terms and Conditions" or the "Agreement").
If you are viewing, using or accessing the Service under a paid subscription, you are a "Customer." If you are viewing, using, or accessing the Service for free, you are a Customer that is a "User." These Terms and Conditions refer to Users and Customers collectively as "You." You may only use the Service if you are at least 18 years old. No employee, independent contractor, agent, or affiliate of any competing real estate information, analytics or listings service is permitted to be a User or a Customer or to view, use, or access the Loanbunker.com website without express written permission from Loanbunker.com. By viewing, using, or accessing the Service, You represent and warrant that You are not a competitor of Loanbunker.com.
By viewing, using or accessing the Service through Loanbunker.com, You agree that these Terms and Conditions are a binding legal agreement between You and Loanbunker.com You also agree to be contractually bound by the Marketing Center Terms and Conditions below.
These Terms are in addition to the Terms of Use and, if applicable, any separate written agreement, including the terms and conditions of such agreement, that covers your use of Loanbunker.com, which together form a legally binding contract between you and Loanbunker.com; provided, however, that the terms and conditions of such written agreement shall control with respect to such service to the extent they conflict with these Terms and the Terms of Use.
By using the Site, you represent and warrant that:
Agreements and Tools.
By viewing, using or accessing Loanbunker.com, including by using any tool, form or agreement provided on the Site, or by uploading any other form or agreement to the Site, you
If You do not agree to the previous and following Terms and Conditions, You are prohibited from viewing, using or accessing the Service and must immediately discontinue viewing, use, and/or access. Unless explicitly stated herein otherwise, if You and Loanbunker.com have entered into a separate written agreement that covers your use of a Loanbunker.com or service (the "Licensee Agreement"), the terms and conditions of such agreement shall control with respect to such product or service to the extent they are inconsistent with these Terms and Conditions. All questions concerning these Terms and Conditions should be directed to: Loanbunker.com, 5354 Fallbrook Avenue, Woodland Hills, Ca 91367. Loanbunker.com may update these Terms and Conditions at any time, with or without notice to You. You are responsible for frequently reviewing these Terms and Conditions. The latest version of the Terms and Conditions is available on the Loanbunker.com.
Membership privileges are granted by Loanbunker.com to individuals exclusively and are granted specifically to the subscribing registered member only. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered Member without the express written permission of Loanbunker.com. By completing the registration process You become a "Member," and You represent and warrant that the information You provide is true, accurate, complete, and current. Each Member must maintain a valid email address and a password, which shall be utilized for logging on to the Loanbunker.com system. Members are not permitted to share their individual login information with others. Loanbunker.com has the right to refuse or terminate service to any Member, individual, organization, or firm (and all persons associated or affiliated with said organization or firm) that fails to abide by the Terms and Conditions, or abuses its rights related to the Service. Upon registration, which is free, User becomes a Basic Member. Users and Basic Members may search using the Service, and will receive access to the available advertised investments matching the designated search parameters. A Basic Member may also list investments on the Service, but those listings will only be able to be fully accessed and viewed in the search results generated on the Company's loanbunker.com website.
Loanbunker.com utilizes email as a vital and primary communication channel with Members, who hereby acknowledge and grant Loanbunker.com the permission to communicate with them via email (as well as other communication channels such as phone and fax) for any purposes Loanbunker.com determines to be relevant including, but not limited to, system messages, product updates, service announcements, and other marketing messages. Loanbunker.com will honor Member's request to opt out of marketing messages and other privacy-related requests to the extent required by law. By becoming a Member, You acknowledge and agree that the Company may record telephone and other electronic communications it has with You for their internal business purposes, including but not limited to training and quality assurance purposes.
Submission and Administration of Listings
Members may submit to Loanbunker.com property and loan descriptions, photographs, images, videos (which may include sound and/or music), graphics and financial, loans terms needed, contact or other information (collectively, the "Submitted Content") for each listing in Loanbunker.com. In addition to these Terms and Conditions. By submitting a listing, Member represents, warrants and agrees that:
Member agrees to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active property listings on the Loanbunker.com website. No robot, spider or other automated service may be used to submit listings to the Service.
Use of Information
You agree to treat all information obtained from the Service, including Loanbunker.com Materials, listings, member directory, and any information otherwise made available to You in the Service (individually and collectively, the "Content") as proprietary to Loanbunker.com. You agree that Content reserved for Members will be maintained as confidential and shall be protected as a trade secret of Loanbunker.com.
Passwords/Logins
Members and Customers are required to maintain the confidentiality of all logins and passwords. You are responsible for the activities that occur under your account, login or password. Loanbunker.com is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your account, login information or password.
Payment Terms
Customer agrees to pay for all products ordered through the Loanbunker.com website or via the Loanbunker.com sales team using the payment method indicated, and provides Loanbunker.com express authorization to place a preauthorization to hold said fees and/or charge said fees to the Customer's payment provider at time of purchase or renewal.
Termination
In addition to any other termination rights permitted herein, Loanbunker.com reserves the right to terminate or suspend a Customer's account upon a good faith determination of a violation of these binding Terms and Conditions or any material provision of another agreement between the parties or their affiliates.
Limitation of Liability and Indemnification
IN NO EVENT SHALL LOANBUNKER.COM BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS CAPITAL OR INVESTMENT, LOSS OF PERSONAL CAPITAL OR INVESTMENT, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS) DUE TO THE INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED. Your exclusive remedy, and Loanbunker.com's entire liability under these Terms and Conditions shall be a refund of the fees paid to Loanbunker.com hereunder.
Warranty Disclaimers
THE LISTINGS, SERVICE, PROPERTY COMPS INFORMATION, PROPERTY FACTS INFORMATION, TOOLS AND LOANBUNKER.COM MARKET TREND REPORTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. LOANBUNKER MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS, SERVICE, SALES COMP INFORMATION, PROPERTY OR LOAN FACTS INFORMATION, OR LOANBUNKER.COM MARKET TREND REPORTS, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION.
Governing Law; Customer Right to Arbitrate
These binding Terms and Conditions, and the Deliverables provided by Loanbunker.com, shall be governed by the laws of the state of California, without reference to conflict of laws principles. You hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of the state of California.
Contact Information
Loanbunker.com
5354 Fallbrook Ave, Woodland Hills, CA 91367
Phone: (818) 599-5641
Email: Loanbunker@gmail.com
Entire Agreement
Except as provided herein, the terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.
If you are viewing, using or accessing the Service under a paid subscription, you are a "Customer." If you are viewing, using, or accessing the Service for free, you are a Customer that is a "User." These Terms and Conditions refer to Users and Customers collectively as "You." You may only use the Service if you are at least 18 years old. No employee, independent contractor, agent, or affiliate of any competing real estate information, analytics or listings service is permitted to be a User or a Customer or to view, use, or access the Loanbunker.com website without express written permission from Loanbunker.com. By viewing, using, or accessing the Service, You represent and warrant that You are not a competitor of Loanbunker.com.
By viewing, using or accessing the Service through Loanbunker.com, You agree that these Terms and Conditions are a binding legal agreement between You and Loanbunker.com You also agree to be contractually bound by the Marketing Center Terms and Conditions below.
Marketing Center Terms and Conditions
These Marketing Center Terms and Conditions ("Terms") apply to any individual or entity who uses the Marketing Center to list a loan investment.These Terms are in addition to the Terms of Use and, if applicable, any separate written agreement, including the terms and conditions of such agreement, that covers your use of Loanbunker.com, which together form a legally binding contract between you and Loanbunker.com; provided, however, that the terms and conditions of such written agreement shall control with respect to such service to the extent they conflict with these Terms and the Terms of Use.
By using the Site, you represent and warrant that:
- (a) the listing is eligible to be listed, meaning the listing is a real estate loan;
- (b) you have the right to advertise the loan you are listing;
- (c) you have the right to procure an investor for the advertised loan;
- (d) you are willing to agree to the terms specified in your listing;
- (e) you will not advertise more than one loan in a single listing on Loanbunker.com.
- (f) you shall update your listing with any changes no less frequently than 10 days;
- (h) upon procuring an investor for the loan or otherwise taking your loan off the market, you will promptly delete the listing for that loan;
- (i) you will not use Loanbunker.com to advertise or promote anything, including, without limitation, any product, service or business, other than the unique loan offered for sale;
- (j) you will not use Loanbunker.com or for any fraudulent, false, misleading or deceptive activity;
- (k) you are solely responsible for any and all listings you add using Loanbunker.com, and all ads, photos, descriptions, data, or other information ("Content") you submit to the Site;
- (l) all Content that you provide to Loanbunker.com and everything in your listing, including without limitation, any photos or text description, is non-infringing of a third party's intellectual property rights, truthful, accurate and complete and comply with all local, state and federal laws and regulations, including without limitation, fair housing laws;
- (m) you have all the rights necessary to post your listings using Loanbunker.com, including, without limitation, all content, photos, data, text, and other Materials contained therein, on the Site; and
- (n) photos you upload to the Loanbunker.com will only show the property listed for sale or lease or the surrounding amenities or area, and shall not include, under any circumstances, people, animals, trademarked items, religious symbols, or other objects or features not part of the loan or property.
- (o) For Lenders, you acknowledge and agree that you are, by the federal and state definition, an accredited investor. You also acknowledge and agree that if you are not an accredited investor, and/or for whatever reason are not legally allowed to invest in this type of investment, you will not register and use the site.
- (p) For Brokers, you acknowledge and agree that this site may be considered advertising, and you are directly responsible for any damages, or fines, that may result from violating any state or federal laws that may not allow this type of advertising for this type of investment.
LICENSES
By submitting a listing via Loanbunker.com, you grant to Loanbunker.com, its affiliates, and its parent and related companies, a perpetual and irrevocable license to copy, modify, display, distribute, create derivative works from, or otherwise use and exploit the Content that you submit. The permission you grant Loanbunker.com includes express permission for Loanbunker.com to use and display the listing and Content, or any modification thereof, in the Site and or partner products and sites. In accordance with these Terms, Loanbunker.com grants you a limited, non-exclusive, non-sublicenseable, fully paid, revocable license to use solely within your listing any Loanbunker.com data, photos, descriptions or other information Loanbunker.com may provide to you to enrich your listing through the site.LIQUIDATED DAMAGES
Violations of these Terms harm the integrity, functionality, and reputation of Loanbunker.com; detract from users' and our customers' trust in and use of the Site; and damage the business Loanbunker.com. In Loanbunker.com's discretion and if feasible, Loanbunker.com may notify you of any violation you have caused and provide you ten (10) days to cure such violation. If such violation is not timely cured or if cure is not feasible, you acknowledge and agree that Loanbunker.com incurs actual damages, which are extremely difficult and/or impossible to quantify, as a result of any violation of these Terms. You agree that it is fair and reasonable for Loanbunker.com, as its option, to recover liquidated damages for past violations in the amount specified below, which represents a reasonable estimate of the actual damages incurred by Loanbunker.com for each such violation you commit and to seek and obtain injunctive relief to prevent future violations. You agree that monetary damages alone would not provide a sufficient remedy to Loanbunker.com for violations of these Terms, and you consent to injunctive or other equitable relief for such violations without the requirement that Loanbunker.com post a bond. You agree specifically that the availability of liquidated damages does not impact Loanbunker.com's right to obtain injunctive relief. You further acknowledge and agree that the imposition of liquidated damages for each such violation of the Terms is independent and distinct, and that the assessment of total liquidated damages for multiple violations of the Terms is cumulative.$50,000 Per Listing
You agree to pay $50,000 per advertisement on the Site that contains false or fraudulent content (including but not limited to false or misleading property location, descriptions, investment information, photos, or contact information.)GENERAL LIMITATIONS
In most cases, listings added using the Loanbunker.com will appear on the Site within 24 hours of submission. LOANBUNKER.COM DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES TO YOU REGARDING THE SITE, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE LEGAL SUFFICIENCY OR TAX CONSEQUENCES OF ANY DOCUMENT PROVIDED BY LOANBUNKER.COM, AND ANY REPRESENTATIONS OR WARRANTIES THAT YOU WILL SELL THE LOAN LISTED, ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED INVESTORS, OR RECEIVE ANY INQUIRIES REGARDING YOUR POSTED LOAN. Loanbunker.com reserves the right to, but is under no obligation to and does not assume any obligation to, review listings added using the Site before and/or after they are posted to the Site to confirm information relating to the advertiser and the advertised loan and to investigate complaints and suspicious activity. If Loanbunker.com determines, in its sole and exclusive discretion, that you are engaging in any unfair, deceptive, false, misleading or fraudulent practices, or that your listing violates any laws or guidelines, Loanbunker.com reserves the right to reject or immediately remove your listing from the Site without notice and without liability, as described above.Agreements and Tools.
By viewing, using or accessing Loanbunker.com, including by using any tool, form or agreement provided on the Site, or by uploading any other form or agreement to the Site, you
- (i) acknowledge that Loanbunker.com is not a party to the transaction contemplated by such form or agreement,
- (ii) agree that these Terms, including the warranty disclaimers, waivers, limitations of liability and indemnification set forth in these Terms apply to such tools, forms and agreements and your use thereof, and
MISCELLANEOUS
These Terms may be modified at any time and such modifications shall take effect upon the posting of the modified Terms on the site. Your continued use of the Site after the posting of any modified Terms shall constitute your agreement to be bound by any such changes. Loanbunker.com may modify, suspend, discontinue or restrict the use of any portion of the Site without notice or liability. These Terms will be governed by and construed in accordance with the laws of the California without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Site must be exclusively filed in the federal or state courts located in California, within one (1) year after the cause of action arises or the cause is barred. You hereby consent to personal jurisdiction in the federal and state courts in California, and waive any objection based on forum non conveniens. As a condition of using Loanbunker.com, you agree that all causes of action arising out of, or connected with the Site shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision of the Terms will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of the Terms will continue in full force and effect. Failure by Loanbunker.com to enforce any provision of the Terms will not be deemed a waiver of future enforcement of that or any other provision of the Terms. Nothing herein shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties. As an investor you agree to not circumvent, and will not try to bypass, any broker, by contacting a borrower direct as it pertains to any listing posted on this site. IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES TO THESE TERMS, YOU ARE NOT PERMITTED TO USE LOANBUNKER.COM AND MUST EXIT THE SERVICE IMMEDIATELY.If You do not agree to the previous and following Terms and Conditions, You are prohibited from viewing, using or accessing the Service and must immediately discontinue viewing, use, and/or access. Unless explicitly stated herein otherwise, if You and Loanbunker.com have entered into a separate written agreement that covers your use of a Loanbunker.com or service (the "Licensee Agreement"), the terms and conditions of such agreement shall control with respect to such product or service to the extent they are inconsistent with these Terms and Conditions. All questions concerning these Terms and Conditions should be directed to: Loanbunker.com, 5354 Fallbrook Avenue, Woodland Hills, Ca 91367. Loanbunker.com may update these Terms and Conditions at any time, with or without notice to You. You are responsible for frequently reviewing these Terms and Conditions. The latest version of the Terms and Conditions is available on the Loanbunker.com.
GENERAL PROVISIONS
Membership PrivilegesMembership privileges are granted by Loanbunker.com to individuals exclusively and are granted specifically to the subscribing registered member only. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered Member without the express written permission of Loanbunker.com. By completing the registration process You become a "Member," and You represent and warrant that the information You provide is true, accurate, complete, and current. Each Member must maintain a valid email address and a password, which shall be utilized for logging on to the Loanbunker.com system. Members are not permitted to share their individual login information with others. Loanbunker.com has the right to refuse or terminate service to any Member, individual, organization, or firm (and all persons associated or affiliated with said organization or firm) that fails to abide by the Terms and Conditions, or abuses its rights related to the Service. Upon registration, which is free, User becomes a Basic Member. Users and Basic Members may search using the Service, and will receive access to the available advertised investments matching the designated search parameters. A Basic Member may also list investments on the Service, but those listings will only be able to be fully accessed and viewed in the search results generated on the Company's loanbunker.com website.
Loanbunker.com utilizes email as a vital and primary communication channel with Members, who hereby acknowledge and grant Loanbunker.com the permission to communicate with them via email (as well as other communication channels such as phone and fax) for any purposes Loanbunker.com determines to be relevant including, but not limited to, system messages, product updates, service announcements, and other marketing messages. Loanbunker.com will honor Member's request to opt out of marketing messages and other privacy-related requests to the extent required by law. By becoming a Member, You acknowledge and agree that the Company may record telephone and other electronic communications it has with You for their internal business purposes, including but not limited to training and quality assurance purposes.
Submission and Administration of Listings
Members may submit to Loanbunker.com property and loan descriptions, photographs, images, videos (which may include sound and/or music), graphics and financial, loans terms needed, contact or other information (collectively, the "Submitted Content") for each listing in Loanbunker.com. In addition to these Terms and Conditions. By submitting a listing, Member represents, warrants and agrees that:
- (a) You own or have the full right, power and authority to grant to Loanbunker.com use of and rights in and to all Submitted Content that You upload, post, e-mail or otherwise transmit to Loanbunker.com;
- (b) Your license of such content to Loanbunker.com hereunder does not, and the use or license of such content by Loanbunker.com to third parties will not, infringe any right or interest owned or possessed by any third party;
- (c) there are no claims, judgments or settlements to be paid by You, or pending claims or litigation, relating to such content; and
- (d) You will fully indemnify Loanbunker.com against any and all damages or other losses, and any related attorney's fees, other fees, and/or expenses, incurred by Loanbunker.com as a result of any breach of the foregoing representations or in connection with Your Submitted Content, including, without limitation, as a result of any claim brought by a third party in connection with Your Submitted Content, whether or not such claim prevails.
Member agrees to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active property listings on the Loanbunker.com website. No robot, spider or other automated service may be used to submit listings to the Service.
Use of Information
You agree to treat all information obtained from the Service, including Loanbunker.com Materials, listings, member directory, and any information otherwise made available to You in the Service (individually and collectively, the "Content") as proprietary to Loanbunker.com. You agree that Content reserved for Members will be maintained as confidential and shall be protected as a trade secret of Loanbunker.com.
Passwords/Logins
Members and Customers are required to maintain the confidentiality of all logins and passwords. You are responsible for the activities that occur under your account, login or password. Loanbunker.com is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your account, login information or password.
Payment Terms
Customer agrees to pay for all products ordered through the Loanbunker.com website or via the Loanbunker.com sales team using the payment method indicated, and provides Loanbunker.com express authorization to place a preauthorization to hold said fees and/or charge said fees to the Customer's payment provider at time of purchase or renewal.
Termination
In addition to any other termination rights permitted herein, Loanbunker.com reserves the right to terminate or suspend a Customer's account upon a good faith determination of a violation of these binding Terms and Conditions or any material provision of another agreement between the parties or their affiliates.
Limitation of Liability and Indemnification
IN NO EVENT SHALL LOANBUNKER.COM BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS CAPITAL OR INVESTMENT, LOSS OF PERSONAL CAPITAL OR INVESTMENT, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS) DUE TO THE INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED. Your exclusive remedy, and Loanbunker.com's entire liability under these Terms and Conditions shall be a refund of the fees paid to Loanbunker.com hereunder.
Warranty Disclaimers
THE LISTINGS, SERVICE, PROPERTY COMPS INFORMATION, PROPERTY FACTS INFORMATION, TOOLS AND LOANBUNKER.COM MARKET TREND REPORTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. LOANBUNKER MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS, SERVICE, SALES COMP INFORMATION, PROPERTY OR LOAN FACTS INFORMATION, OR LOANBUNKER.COM MARKET TREND REPORTS, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION.
Governing Law; Customer Right to Arbitrate
These binding Terms and Conditions, and the Deliverables provided by Loanbunker.com, shall be governed by the laws of the state of California, without reference to conflict of laws principles. You hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of the state of California.
Contact Information
Loanbunker.com
5354 Fallbrook Ave, Woodland Hills, CA 91367
Phone: (818) 599-5641
Email: Loanbunker@gmail.com
Entire Agreement
Except as provided herein, the terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.