Terms of Service

Effective January 25, 2022

Welcome! This website is operated by Procmyloan Inc ( "us," "our," or "we"). These Terms of Service ("Terms") set forth the terms and conditions under which you are authorized to use our websites (which includes any website on which these Terms are posted, including www.procmyloan.com, other sites accessible via subdomains, any mobile versions of these sites, and any other website or service on which we post these Terms (collectively, the "Site(s)").

To the extent additional rules or guidelines affect your use of these Sites, those rules and guidelines (including our Privacy Policy) are hereby incorporated by reference into these Terms. By using any of our Sites, you agree to these Terms.

If you do not agree to these Terms, you should immediately stop using our Sites.

Description of Sites

Our Sites provide information about our mortgage brokerage services and our independent offices and loan originators, allow you to access other mortgage and real estate resources, as well as perform other functions we may add from time to time. Our Sites may also include information about our partners, subsidiaries, related companies and sponsors, and other content we think would be of interest to you (collectively the "Content"). To the extent new services, Content or features are added to our Sites in the future, your use of them is subject to these Terms.

Third-Party Sites and Content

Our Sites are intended primarily for informational purposes about. We may offer information collectively to third party affliliates, agent websites, partner or sponsor promotions, helpful resources, and other information or content that may be hosted by third parties ( "Third Party Sites"). Third Party Sites may also include APIs that may provide services or information, such as the ability to share or post Content on social media, or to access current information relating to mortgages, real estate listings and markets. These Terms do not govern your use of any such Third-Party Sites.

Please note that the following websites, which are owned and operated independently of Procmyloan Inc and our Affiliates, are considered Third Party Sites for purposes of these Terms:

independently owned and operated by Procmyloan Inc., franchise offices and loan originators

independently owned and operated offices and agents of our Affiliates;

independent contractor mortgage loan originators affiliated with one of our main offices;

service providers who have a relationship with Procmyloan Inc or our Affiliates, some of whom are permitted to display a logo of Procmyloan or our Affiliates pursuant to a co-branding agreement.

Third Party Sites are not under the control of Procmyloan Inc, and neither Procmyloan Inc nor our Affiliates is responsible for such Third Party Sites, including without limitation the accuracy, sufficiency, correctness, reliability, veracity, completeness, or timeliness thereof, any link contained therein, or any changes or updates thereto. The inclusion or access to Third Party Sites does not imply an endorsement thereof by Procmyloan Inc or of the provider of such content or services, or of any third party web site. Procmyloan Inc reserves the right to terminate any link or linking program at any time.

These Third Party Sites may contain their own terms of use, and you remain responsible for your compliance with any terms governing your use of the Third Party Service and the information you may provide to Procmyloan Inc through that party's API. You further acknowledge that any reliance on representations and warranties provided by any party other than Procmyloan Inc will be at your own risk. You expressly agree to hold us harmless for any claims of damage arising from any content, product or service provided by any third party.

Additional Policies and Agreements

Our Privacy Policy describes the information we collect when you and others use any of our Sites, as well as how we use that information, and some of the steps we take to protect your privacy. Our Privacy Policy is part of these Terms. By agreeing to these Terms, you consent to our use of your personal information in accordance with our Privacy Policy.

These Terms may be supplemented or amended by the terms of a "click- through" agreement between you and Procmyloan Inc. For example, special terms may apply if you choose to take advantage of certain services or features we may offer (whether now or in the future,) promotions, or particular aspects of our Sites. If special terms apply, you will be asked to expressly agree to them, for example, by checking a box or clicking a button marked "I agree." The terms of any such "click-through agreement" will supplement and amend these Terms, but only with respect to the subject matter of the "click-through agreement."

Some additional terms may be provided by third parties with regard to information or services they may offer on or through our Sites (if any), so please take further precautions when agreeing to those terms. Please review any policies or terms that may apply to you if and when you sign up for information that may be provided by a third party, or visit other websites operated by third parties.

Modifications and Interruption to the Sites

We reserve the right to modify, discontinue or temporarily prevent access to all or any portion of our Sites at any time, with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Sites, or that operation of our Sites will be uninterrupted or error free. You understand that usage of our Sites may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Your Representations

As a condition of your right to use our Sites, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from visiting the Sites and accessing the Content under the laws of the US or your state. If you are under the age of 18, you may use our Sites only with parental supervision.

IP Addresses and Click-stream Data

Our Sites and servers may collect other information from you when you access our Sites, including your IP address and the pages you visited, and content you viewed while on our Sites. The Information collected cannot typically be used to identify you personally. However, if you have registered on the Sites, it may be possible for us to link certain information to information that identifies you personally. Information collected through our Sites includes the information sent to us automatically by your web browser, the address of the web page you were visiting when you accessed our Sites, information about your operating system, the browser you are using, the date and time of your visit, and online traffic patterns and content accessed throughout our Sites.

Copyright and Trademark Information

All intellectual property rights related to the Sites, Content, and the technology, algorithms, and software underlying the Sites or distributed in connection therewith, are the exclusive property of Procmyloan Inc, our Affiliates, or their respective licensors. You acknowledge that you are not receiving any ownership interest in or to any of the foregoing, and no right or license is granted to you to use them apart from the right of access to the Sites granted under these Terms. You are prohibited from copying, distributing, republishing, displaying, posting, transmitting, decoding, or reverse engineering any Content or code from the Sites unless you obtain express written permission from Procmyloan Inc or our Affiliates.

All trademarks, service marks, logos, trade names and any other proprietary designations of Procmyloan Inc or our Affiliates, used on the Site are trademarks or registered trademarks of Procmyloan Inc or our Affiliates. All goodwill generated from the use of Procmyloan Inc or our Affiliates' trademarks will inure to the exclusive benefit of Procmyloan Inc and our Affiliates. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of the parties who own them. Procmyloan Inc or our Affiliates reserves all rights not expressly granted herein.

Restricted Activities

You agree not to use the Sites to:

violate, enable or encourage the violation of any local, provincial, national, or international law;

collect or store personal data about other users of our Sites;

impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;

send any message or post any content that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, racially offensive, or otherwise objectionable, as determined by Procmyloan Inc in its sole discretion;

infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party;

disrupt or interfere with the security or use of the Sites or any websites linked to it;

interfere with or damage a Site, including, without limitation, through the use of viruses, Trojan horses, harmful code, denial of service attacks, packet or IP spoofing, forged routing or email address information or similar methods or technology, or disobey any requirements, procedures, policies, or regulations of networks connected to a Site;

attempt to use another user's account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) Procmyloan Inc, or create or use a false identity;

attempt to obtain unauthorized access to the Sites or portions thereof that are restricted from general access;

use any meta tags or any other "hidden text" utilizing the Procmyloan Inc or our Affiliates name, trademarks, or product names;

attempt to reverse engineer or otherwise derive or obtain the code in any form for any software used in the Sites;

engage in any activity that interferes with any third party's ability to use or enjoy the Sites;

assist any third party in engaging in any activity prohibited by these Terms.

Further, without our written consent, you may not:

reproduce, duplicate, copy, sell, resell, engage in data mining, or exploit for any unauthorized commercial purpose any Procmyloan Inc Content or your use of or access to the Sites;

allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam);

use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Sites or monitor or copy our web pages or the content contained thereon;

deep link to the Sites for any purpose; or frame the Sites, place pop-up windows over its pages, or otherwise affect the display of a Site's pages.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, PROCMYLOAN INC, OUR AFFILIATES AND EACH OF THEIR RELATED ENTITIES, PARENTS, SERVICE PROVIDERS, LICENSORS, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE "PROCMYLOAN INC PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR SERVICES, INCLUDING ANY THIRD-PARTY CONTENT OR PRODUCTS AVAILABLE THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND ALL CONTENT, PRODUCTS, EDUCATIONAL MATERIALS, AND SERVICES OFFERED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. THE PROCMYLOAN INC PARTIES ARE NOT RESPONSIBLE FOR ANY INACCURACIES IN OR UNTIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, UNAVAILABILITY OF ANY SERVICE OR FEATURE, ERRONEOUS DELETION OF ANY DATA, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF OUR SERVICES.

UNDER NO CIRCUMSTANCES WILL ANY OF THE PROCMYLOAN INC, PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR SERVICES OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR SERVICES.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY PROCMYLOAN INC PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE PROCMYLOAN INC PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED CANADIAN DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify and hold the Procmyloan Inc, and it’s Parties harmless from any claim or demand, including reasonable attorney's fees and costs, made by any third party due to or arising out of your use of the Sites in a manner not permitted by these Terms, including without limitation your actual or alleged violation of these Terms, or infringement of a third party's intellectual property or other rights by you or another user of our Sites using your computer, mobile device or account.

Visitor Feedback

All communications, feedback, questions, comments, suggestions, proposed features, and the like provided by visitors to our Sites (collectively "Feedback") will be considered non-confidential and non-proprietary with regard to you, but we reserve the right to treat any such Feedback as the confidential information of Procmyloan Inc. By submitting Feedback to us, you assign to us, free of charge, a perpetual, irrevocable, worldwide license to create derivative works, distribute, reproduce, perform, display, and otherwise use, any intellectual property rights or proprietary information and ideas contained within any such Feedback, including without limitation the right to sublicense or assign any of the foregoing. We will be entitled to use any Feedback you submit to us, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing and marketing new Content, intellectual property, and other products and services using such Feedback, without restriction and without notifying or compensating you in any way. Please do not send us any information or materials for which you do not wish to grant us such rights, including, without limitation, any confidential information or any original creative materials such as product ideas, written materials, photographs, original artwork, or computer code. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, their truthfulness and accuracy.

CONTENT COMPLAINTS

If you believe that any Content on our Sites violates these Terms, violates your intellectual property rights, or is otherwise inappropriate, please report the Content via our Contact Us web form or at the address listed in the ‘Contact Us' section below, or send an email to legal@procmyloan.com. Please include the following information if you believe the content infringes a third party's intellectual property rights:

your name, address, telephone number, and email address, and if you are acting on behalf of the owner of the intellectual property,the name of the owner;

a statement, made under penalty of perjury, that you are the owner of the copyright or other intellectual property, or are authorized to act on behalf of the owner;

a detailed description of the intellectual property that you claim has been infringed;

if your claim is based on a registered work, the registration number, and the date of issuance of the registration;

a description of the infringing material and the URL where such material is located on the Sites, or a description of where on our Sites you found such material;

your written statement that you believe, in good faith, that the use of the work on our Sites has not been authorized by the true owner of the work, its agent, or as a matter of law;

a statement that all of the information you have provided is true.

GOVERNING LAWS

The laws of the state of Florida and the United States govern these Terms of Use and any claims arising out of or relating to use of the Sites, without giving effect to any choice of law rules. We make no representation that our Sites are appropriate, legal or available for use outside of the United States. With the exception of any matters subject to arbitration, the state and federal courts located in Fort Lauderdale, Florida will serve as the venue for any actions brought, or claims made, arising out of your use of our Sites.