MOBILE APPLICATION LICENSE AGREEMENT
PLEASE READ THIS MOBILE APPLICATION LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING, OR USING THE MORTGAGE BROKER MOBILE APPLICATION.
By downloading, installing, or using The Mortgage Broker Mobile Application (this “Application”), you acknowledge that you have read and understand this Mobile Application License Agreement (this "License Agreement") and agree to be bound by its terms and conditions. This is an agreement between you and Provident Funding Associates, L.P. (“Provident Funding”) only. Provident Funding is responsible for this Application and the content thereof. Certain features of this Application may require you to be a Provident Funding user or provide personal information.
To uninstall this Application, please use the application manager provided with your device or consult your device manual for reference.
You must comply with applicable third party terms of agreement when using this Application (e.g. your wireless data service agreement). Your right to use this Application will terminate immediately if you violate any provision of this License Agreement. The party providing your mobile operating system has no obligation whatsoever to furnish any maintenance and support services with respect to this Application.
The Application is licensed, not sold. The License Agreement confers no title to or ownership in the Application and should not be construed as a sale of any rights in or to the Application. We may terminate, change, suspend, or discontinue any aspect of the Application, including the availability of any features of the Application, at any time and in our sole discretion.
Compliance with Laws.
You agree to comply with all laws, rules, and regulations applicable to your use of the Application. In addition, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Provident Funding owns, or is the licensee to, all right, title and interest in and to this Application, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. Other company, product, or service names mentioned in this Application may be trademarks of their respective companies.
You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from this Application and you will not remove, obscure or alter Provident Funding’s copyright notice, trademarks or other proprietary rights notices affixed to, contained within or accessed in conjunction with or by this Application.
Links to Third Party Websites.
The Application may contain links to websites or other applications published by other content providers. These other websites or applications are not under our control, and you acknowledge and agree that we are not responsible for the accuracy, collection and use of your information, copyright compliance, legality, decency, or any other aspect of such websites or applications. The inclusion of such a link does not imply our endorsement of the website or application or any association with its operators, and we disclaim all liability with respect to such linked websites, including but not limited to your access to and/or use of the same.
Your Provision of Personal Information to Us.
When you provide information about yourself to us, you agree to: (a) provide accurate, current, and complete information about yourself; and (b) maintain and promptly update such information to keep it accurate, current, and complete. If you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate any account you establish in connection with your use of the Application and refuse any and all current or future use of the Application or any portion thereof.
Registration and Passwords.
The Application may permit or require you to register or obtain a password prior to permitting access to certain products or services available through the Application. You acknowledge and agree that you are responsible for maintaining the confidentiality of your registration information and password, and for all uses of your password.
Disclaimer of Warranties.
This Application and the service(s) accessed by it are provided "as is" and "as available”. Provident Funding expressly disclaims to the fullest extent permitted by law all express, implied and statutory warranties, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights, and any warranties regarding the security, reliability, timeliness and performance of this Application.
You download and use this Application at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of this Application.
Limitation of Liability.
Except as otherwise stated in this License Agreement, Provident Funding is not liable to you for any harm resulting from any use or misuse of this Application.
Such limitation of liability: (a) includes direct, indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort or otherwise (even if Provident Funding has been advised of the possibility of such damages); (b) applies whether damages arise from use or misuse of and reliance on this Application, from inability to use this Application, or from the interruption, suspension, or termination of this Application (including any damages incurred by third parties); and (c) applies notwithstanding a failure of the essential purpose of any limited remedy and to the fullest extent permitted by law.
You will indemnify and hold harmless Provident Funding and its parents, subsidiaries, limited partners, officers, directors, shareholders, agents and employees, from any claims, liabilities, or expenses (including reasonable attorneys’ fees) that arise out of or are related to a violation of this License Agreement, for which you are responsible.
Provident Funding reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.
When you access Provident Funding using a mobile device, we may collect and store Device sign-on data (including a unique device ID) and geolocation data in order to provide our service. Personal information will also be requested if you seek to register with Provident Funding through this Application.
Provident Funding reserves the right to make changes to this Application or License Agreement from time to time. Any such changes will take effect upon the expiration of thirty (30) days after notification, unless you object to the changes prior to the expiration of the thirty (30) days period. We shall inform you about your right to object, the due date, and your option to uninstall and discontinue using the Application. If you do not agree to any change, please uninstall and discontinue using the Application. Any use of this Application after the thirty (30) day notice period constitutes your acceptance of any change.
Choice of Law and Jurisdiction.
This License Agreement shall be governed by the laws of the State of California without regard to the conflicts of laws rules of any jurisdiction. Every dispute concerning the interpretation or effect of this License Agreement and/or your use of the Application must be resolved in the state or federal courts situated in the State of California. You agree to the personal jurisdiction, subject matter jurisdiction, and venue of these courts.
You acknowledge that any breach or threatened breach of this License Agreement will result in irreparable harm for which damages would not be an adequate remedy, and, therefore, in addition to our rights and remedies otherwise available at law, we shall be entitled to seek immediate equitable relief, including injunctive relief, as appropriate. If we seek any equitable remedies, we shall not be precluded or prevented from seeking remedies at law, nor shall we be deemed to have made an election of remedies.
In addition to any other relief, the prevailing party in any action arising out of this License Agreement shall be entitled to attorneys' fees and costs.
If any provision of this License Agreement is held unenforceable or invalid under any applicable law or is so held by applicable court decision, such unenforceability or invalidity will not render this License Agreement unenforceable or invalid as a whole, and such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or the applicable court decisions.
Relationship to Apple.
This License Agreement is between you and Provident Funding, and not with Apple. We, not Apple, are solely responsible for the Application and the content thereof.
To the extent we choose, in our sole discretion, to provide any maintenance or support services with respect to the Application, we and/or our authorized service providers will be solely responsible for the same. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Application.
In the event of any failure of the Application to conform to any applicable warranty not hereby disclaimed, you may notify Apple, and Apple will refund the purchase price for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
To the extent that you make any claim with regard to the Application or your use of the Application, such claim shall be made against us and not against Apple.
Without limiting the “Disclaimer of Warranties” or “Limitation of Liability” provisions in this License Agreement, in the event any third party claims that the Application or your possession and use of the Application infringes such third party’s intellectual property rights, you or we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
Apple, and Apple’s subsidiaries, are third party beneficiaries of this License Agreement, and upon your acceptance of the terms and conditions of this License Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this License Agreement against you as a third party beneficiary hereof.
If you have any questions about this Agreement, you can contact us at 650-652-1300. In addition, our mailing address is 700 Airport Blvd Suite 430, Burlingame, CA 94010.
Last Modified: July 24, 2012
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