This Terms of Service Agreement (the “Agreement”) is by and between Palm Beach Software Design, Inc. and the person acknowledging this agreement. By using the content and/or services presented on this website, the user is acknowledging his/her acceptance of the terms stated in this Agreement. This Agreement covers both member and non-member use of the Palm Beach Software Design, Inc. site, including any content or services accessible through such site. Palm Beach Software Design, Inc. may change the Terms of Service from time to time. By continuing to use the Service following such modifications, you agree to be bound by such modifications to the Terms of Service. The use by you of any content or services accessible through this site may be subject to your acceptance of separate agreements with Palm Beach Software Design, Inc. or third parties.
You acknowledge and agree that use of any content or service provided through this site is entirely at your own risk. Services and content are provided “as is”, without warranty of any kind, either expressed or implied, and Palm Beach Software Design, Inc. and its suppliers disclaim any and all warranties, including, but not limited to: (1) any warranties concerning access to the service, the availability, accuracy, usefulness of content, products or services and (2) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose. Palm Beach Software Design, Inc. does not warrant that the service will be free of downtime. In fact, it is expected that there will be periods when the web site will be inaccessible due to maintenance or technical problems. Palm Beach Software Design, Inc. does not warrant that the service is free from bugs, viruses, errors, or other program limitations nor does Palm Beach Software Design, Inc. warrant access to the Internet or to any other service or content through the service. The entire liability of Palm Beach Software Design, Inc. and its representatives (as defined below) for any reason shall be limited to the amount paid by the customer/member for the related services or content purchased from Palm Beach Software Design, Inc., its authorized reseller or its service providers. To the maximum extent permitted by applicable law, Palm Beach Software Design, Inc. and its affiliates, licensor's, third-party content or service providers, distributors, dealers or suppliers (“representative”) are not liable for any indirect, special, incidental, or consequential damages (including, but not limited to: damages for loss of business, loss of profits or investment, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if Palm Beach Software Design, Inc. or its representatives have been advised of the possibility of such damages, and even if a remedy set forth herein is found to have failed its essential purpose. Some states do not allow the limitation and/or exclusion or liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. The limitations of damages set forth above are fundamental elements of the bargain between Palm Beach Software Design, Inc. and you. Palm Beach Software Design, Inc. would not be able to provide its content and services to you without such limitations. If you are dissatisfied with any portion of the service or content, your sole and exclusive remedy is to discontinue using the service and its related web sites.
The links from our site that go to other sites are for convenience only, and do not imply that we endorse or approve of those sites. We have no control over the content found on other sites and make no warranties as to the accuracy or adequacy of any information found at such sites are made. Similarly we are not responsible for information found on or through our site which is generated by third parties. Palm Beach Software Design, Inc. is not responsible for any loss, injury, claim, liability, or damage related to your use of the site, whether from errors or omissions in the content of our site or any other linked sites, from the site being down or from any other use of the site. Your use of these sites is at your own risk.
Fees for the subscribed Software Services (“Subscription Fees”) are set forth on our website at palmbeachsoftware.com/Home/Pricing (or such other URL as specified by LoanApp Central), as may be updated by LoanApp Central from time to time, or as otherwise stated on an Order Form.
This describes our fees and your payment obligations. All fees are non-refundable and must be paid in advance.
You agree to pay LoanApp Central the Subscription Fees and any other applicable fees stated on an Order Form or otherwise specified in this Agreement. All payment obligations under this Agreement are non-cancelable and all fees paid are non-refundable. Unless otherwise stated on an Order Form, fees must be paid in advance of each billing period. You will provide LoanApp Central with valid and updated credit card information. By providing credit card information, you represent that you are authorized to use the card and you authorize LoanApp Central to charge the card for all payments hereunder. By submitting payment information, you authorize LoanApp Central to provide that information to third parties for purposes of facilitating payment. You agree to verify any information requested by LoanApp Central for purposes of acknowledging or completing any payment.
Any amounts not received by the applicable due date will be deemed a material default under this Agreement, and LoanApp Central will be entitled to either suspend the Services or terminate the Service. If any amounts due are not received within fourteen (14) days after the initial due date, the application will be removed from the various mobile application stores and the account will be closed. Reinstating the application will require purchasing a new subscription.
Upon notice to you, LoanApp Central may increase any fees specified in an Order Form, provided the increase will not become effective until the expiration of the current Subscription Term. LoanApp Central may increase any fees that are not specified in an Order Form at any time, with or without notice to you.
If you believe a payment has been processed in error, you must provide written notice to LoanApp Central within thirty (30) days after the date of payment specifying the nature of the error and the amount in dispute. If notice is not received by LoanApp Central within such thirty (30) day period, the payment will be deemed final.
Fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). You are responsible for paying all Taxes associated with purchases and transactions under this Agreement. If LoanApp Central is legally required to pay or collect any Taxes on your behalf, LoanApp Central will invoice you and you will pay the invoiced amount. For clarity, LoanApp Central will be solely responsible for taxes assessed on LoanApp Central based on its income.
We reserve the right to suspend any Services (a) during planned downtime, (b) in connection with a Force Majeure event, or (c) if we believe any malicious software is being used in connection with your account. In addition, we reserve the right to change, suspend or discontinue any features, components or functions of the Services at any time. If we make any material changes to the Software Service, we’ll notify you within the Software Service or by sending you an email. Notwithstanding the above, we have no obligation to update or enhance any Services or to produce or release new versions of any Services.
You will have sole responsibility for the accuracy and quality of Your Data. LoanApp Central is not a law firm and does not offer legal advice. Any instructions entered by you within the Do and Do Not sections of the application are your sole responsibility.
If we are sued by another party as a result of something you’ve done, you’ll cover the costs.
You agree to indemnify, defend, and hold harmless the LoanApp Central Parties from and against any and all third party claims alleged or asserted against any of them, and all related charges, damages and expenses (including, but not limited to, reasonable attorneys' fees and costs) arising from or relating to: (a) any actual or alleged breach by you, an Affiliate or End User of any provisions of this Agreement; (b) any access to or use of the Services by you, an Affiliate or End User; (c) any actual or alleged violation by you, an Affiliate or End User of the intellectual property, privacy or other rights of a third party; and (d) any dispute between you and another party regarding ownership of or access to Your Data.