TERMS OF USE

Last updated: July 10, 2019

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using this website, Service, Platform website, or mobile application (collectively, the “Service”) operated by CLOUDVIRGA, Inc. (“us”, “we”, or “our”). 

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, consumers, customers, Users, mortgage brokers, lenders, Platform Subscribers, and others who wish to access or use the Service (“You” or “Your”).  The term “affiliates” refers to companies that partner with CLOUDVIRGA to offer the Platform to You.

By accessing or using the Service You agree to be bound by these Terms. If You disagree with, or refuse to abide by, any part of the terms then you do not have permission to access the Service.  The Terms are a binding contract between You and CLOUDVIRGA.

ACCOUNT REPRESENTATIONS

When You create an account with us, You acknowledge that You are over the age of 18, and that the information you provide to us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of the Service.  To create an account, You will be asked to include information specific to the Services You are requesting, such as Your business name, description of services, qualifications, and credentials.  If you choose not to provide the requested information, certain features of the Service may not be accessible or available to You.

 

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

ACCESS TO THIS WEBSITE

We reserve the right at all times, in our sole discretion and without notice to you, to deny your access to and use of this Platform. 

USE OF THIS WEBSITE

You agree and acknowledge that you have the sole responsibility and liability for your use of this Service and for providing or obtaining, and for maintaining, all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary or desirable for you to access and use the Service. 

PRIVACY

Please review our Privacy Policy. By using the Service, You are consenting to the practices described in the Privacy Policy and agree to have your personal data transferred to and processed in the United States. We may listen to and/or record phone calls between you and our representatives without notice to you as permitted by applicable law. For example, we listen to and record calls for quality control purposes.

When using the Service, You may be asked to provide certain personal information.  You can decline.  If you choose not to provide the requested information, we may not be able to process Your mortgage application and certain features of the Service may not be accessible or available to You.

PRESCREENED OFFERS

When using the Service, we may obtain a consumer’s credit history from a credit reporting agency with the appropriate consent.  Credit reporting agencies may, in turn, share consumer information upon that consumer applying for a loan through the Service. You may contact www.optoutprescreen.com or call (888) 576-8688 to stop receiving prescreened credit offers. 

USER ID’S AND PASSWORDS

The Service is restricted to Users and Subscribers (such as mortgage lenders and brokerage firms) who have obtained a user identification and password by completing the registration process described on this website.

If You are a mortgage lender, broker, or Platform Subscriber, You are responsible for ensuring Access Security standards through your own Information Security Policies. You are expected to protect and maintain the confidentiality of any user identification, password or other identifying information You may obtain in connection with Your use of the Service. We reserve the right to audit You in the interest of preserving the data integrity of our Platform.

You agree to notify CLOUDVIRGA Customer Success, Compliance or Legal immediately if You believe Your user or a consumer user’s identification, password or other identifying information has been lost, stolen or otherwise compromised.   You agree not to provide your user identification or password to any other person.

You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of the Service by any person to whom You have provided Your user identification, password or other identifying information, or by any person who has obtained such information from You, including, but not limited to, any access to or use of the Service that may occur after You have notified us that Your user identification, password or other identifying information has been lost, stolen or otherwise compromised.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

This Service is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.  

Subscriptions AND ADD-ON MORTGAGE RELATED SERVICES

Some parts of the Service are billed on a subscription basis (“Subscription(s)”) subject to an Order Form, Master Services Agreement Terms & Conditions ,“ Payment Schedule” or as determined by our third-party suppliers. Subscribers may be billed in advance or on a recurring and periodic basis (“Billing Cycle”).

At the end of each Subscription Term, lender-specific Subscriptions will renew per the Order Form or Master Services Agreement unless it is cancelled by You or CLOUDVIRGA.

Certain sections or pages of the Service may contain separate terms and conditions, which supplement these terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.

In the event You desire to purchase an add-on service, a valid payment method, including credit card, may be required to process the payment for certain services. You shall provide accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information when prompted. By submitting such payment information, you automatically authorize CLOUDVIRGA to charge all fees incurred through your account to any such payment instruments. 

USE AND Subscription Limitations

Your subscription to use our Service and leverage our content is limited to this Terms of Use and in some cases, the terms and conditions prescribed in our Master Subscription Agreement. Any type of use beyond those terms and anticpated scope is impermissable including the following unauthorized access, use and limitations:

  • use of any unauthorized automated means to access Platform or collect any information from the Platform (including, without limitation, robots, spiders, scripts or other automatic devices or programs);
  • frame the Platform, utilize framing techniques to enclose any content or other proprietary information, place pop-up windows over this Platform’s pages, or otherwise affect the display of this Platforms’ pages;
  • engage in the practices of “screen scraping,” “database scraping” or any other activity with the purpose of obtaining content or other information;
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial or non-commercial solicitation or bulk communications of any kind to any CLOUDVIRGA, CLOUDVIRGA affiliate, CLOUDVIRGA Users or third party;
  • Use data provided by CLOUDVIRGA, provided in any manner whatsoever, for any competing uses or purposes. You further agree that you have never used data, provided in any manner whatsoever, from us in the past to compete with the products or services offered by CLOUDVIRGA;
  • use this Platform or our Services in any manner that violates applicable law or that could damage, disable, overburden, or impair this Platform or interfere with any other party’s use and enjoyment of this Platform;
  • use of the Platform in a manner that is deceptive, fraudulent, harassing, obscene or objectionable; or
  • Copying or storing any portion of the content on the Platform.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The Service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Fee Changes

We will provide You with reasonable prior notice of any change in Service fees to give you an opportunity to terminate your order before such change becomes effective.

Your continued use of the Service after the Service fee change comes into effect constitutes your agreement to pay the modified Service fee amount. 

REFUNDS

Except when required by law, paid Subscription fees, fees for services already rendered, and fees charged by and or advanced by us for third-party services are non-refundable. 

Links To Other Web Sites

While we are an end-to-end mortgage loan application and closing solution, we may not supply or have an agreement for services that You may find necessary to complete Your transaction. Therefore, our Service may contain links to third party web sites or services that are not owned or controlled by us, but made available to Users and Subscribers to help create a seamless mortgage loan processing experience for the customer, at various points in the mortgage process. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party web sites or services that may be featured on the Service. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.

No Advertising / No Links. CLOUDVIRGA and our affiliates do not currently permit third-party advertising on the Service. Except with written permission or as stated in a Master Subscription Agreement, you agree that you will not create links from any website or Web page to this website or any Web page within this website.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of CLOUDVIRGA and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

Except as expressly set forth in the Master Services Agreement, CLOUDVIRGA (and its licensors, where applicable) shall own (i) the Services, and all improvements, enhancements, or modifications made thereto, and (ii) all Intellectual Property rights related to any of the foregoing (the “Company IP”).  You acknowledge and agree that any suggestions, ideas, enhancement requests, recommendations or other feedback provided by you, the SER, the Subscriber or consumer or any third party relating to the Services (“Feedback”) shall be owned by CLOUDVIRGA and to the extent you own any right, title or interest in or to such Feedback, you hereby assign and agree to assign to Company all such right, title and interest in and to the Feedback without cost or expectation of remuneration.

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, Users, Subscribers and all entities or natural persons who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Service and/or terminate the subscriptions of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Communications Policy

CLOUDVIRGA will communicate with You, our lenders, Users, Subscribers and the broker community, affiliates, non-affiliated third-parties,  and third-party service providers in a variety of different ways including but not limited to email, fax, voicemail, letters sent by post, text and SMS messaging and in person. Some communications occur through multiple channels. Such communications are confidential and only intended for persons working on a borrower file, the borrower, or their delegate/designee. By using the Service, You acknowledge the following communications-related practices.

Email communications: Unless explicitly stated, emails are not intended as formal or confirmed interest rate locks, unconditional loan commitments or unconditional loan approvals. CLOUDVIRGA does not communicate in any method, unless explicitly stated, conditional or unconditional loan pre-qualifications or pre-approvals or any type of agreements to lend to a borrower.

Disclosures and Time Sensitive Instructions: When communicating with us through the Service , do not use the Platform, affiliate websites, PC-talk, chat or email to communicate any time-sensitive instructions that are in any way related to or may affect your loan, loan application, loan disclosures or loan closing documentation (such as interest rates locks, updates of Your personal information, cancellation of a closing, rescissions, or any matter related to the loan). Such instructions may not be honored.

All transactions conducted on the Service, our affiliate websites, PC-talk, chat or via email, must be confirmed in writing by us to be accepted by and binding upon us. Our communications regarding matters regulated by applicable federal and state laws will always be formal and notated as such.

Recording & Monitoring of Communications: As described herein, your communications with us via the Service, PC-talk, chat, email, and telephone may be recorded or monitored and by using such communications methods you are consenting to the recording or monitoring of the same.

Loan Approvals: All loan approvals, pre-qualifications, rate locks, deposit and refund agreements are only made by CLOUDVIRGA lenders in writing. CLOUDVIRGA is not a lender. Approvals and pre-qualifications are conditional in accordance with their terms except as specifically provided in writing signed by CLOUDVIRGA lending partners or brokers subscribed to the Platform.

Credit Reports: By applying for credit, you are authorizing a CLOUDVIRGA affiliate supplier to obtain a copy of Your or Your individual client’s credit report. As a result, a “hard” inquiry may appear on this credit report. A hard inquiry may negatively affect a consumer’s credit score. Fees for credit pulls are charged to Subscribers and if passed on as a loan cost, must be disclosed to the consumer in accordance with applicable federal and state laws. Platform Subscribers are responsible for all related mortgage lending compliance requirements to ensure all fees and costs related to the loan are properly and timely disclosed. If we suspect that You are not in compliance with consumer protection and disclosure requirements pertaining to, we may terminate your Subscription.

E-Signature: General communications through this Platform and affiliate websites, PC-talk, chat or via email are not intended by us to constitute either an electronic record or an electronic signature, or to constitute any agreement by the sender to conduct a transaction by electronic means, unless a specific statement to the contrary is included in the message and specific e-signature procedures are employed. However, your assent to a “click to accept” button or feature affirming your own acceptance, is binding upon You.

Third-Party Service Providers: When making a loan application, or entering into a request for more information prior to applying for a loan, You are agreeing to provide us accurate, current and complete information as you acknowledge that such information will be relied upon to transact your loan application through the Service, by your broker, lender and our third-party suppliers who are necessary to transacting a seamless and efficient mortgage loan application and closing process.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), You provide to us are non-confidential and shall become the sole property of CLOUDVIRGA. We will own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You.

Termination

We may terminate or suspend your account and limit access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

Individual consumers who wish to terminate your account, may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

To the fullest extent allowed by applicable law, You agree to defend, indemnify and hold harmless CLOUDVIRGA and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) Your use and access of the Service, by You or any person using Your account and password, or b) a breach of these Terms.

Limitation Of Liability

In no event shall CLOUDVIRGA, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, work stoppage, accuracy of results, computer failure or other intangible losses or any amount in excess of $500, resulting from (i) Your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

CLOUDVIRGA its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service. 

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 15 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

ASSIGNMENT

You may not assign or transfer these Terms or your rights or obligations hereunder or Your Account in any manner whatsoever without CLOUDVIRGA prior written consent.  CLOUDVIRGA may assign or transfer these Terms without your consent. 

Contact Us

If you have any questions about these Terms, please contact us. Here is how: e-mail us at: customersuccess@cloudvirga.com, call us at: 949-276-8550 or mail us at: 2875 Michelle Drive Suite 200 Irvine, CA 92606.