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Administrative LoginLast updated: July 10, 2023
These Terms and Conditions (“Terms and Conditions”) constitute a legally binding agreement made between you (“user” or “you”) and proborrower, LLC (“proborrower”), concerning your access to and use of the proborrower website www.proborrower.com as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site and you must discontinue use immediately. You acknowledge and agree that, by registering for a proborrower account, using the application on your computer or mobile device, accessing or using the proborrower service, or by downloading, submitting or posting any files from, or on, or through the proborrower service, you are indicating that you have read, understand and agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, then you have no right to access or use the proborrower service or Site content.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. proborrower reserves the right, in its sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.
The information provided on the Site 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 law or regulation or which would subject proborrower to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
proborrower reserves the right, at its sole discretion, to change or modify portions of these Terms and Conditions at any time. proborrower will alert you about any changes by updating the “Last Updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. Your continued use of the Site after the date any such changes become effective constitutes your acceptance of the new Terms and Conditions.
The Site offers a platform designed to facilitate the document assembly and communication between borrowers and lenders through the mortgage process. Borrowers will upload digital copies of personal documents as well as any additional documentation requested by your lender to the Site. Your lender may authorize the Site to provide certain information relating to the status of your loan.
proborrower is an administrative platform and does not offer or provide loans directly. You acknowledge and agree that proborrower is not a party to any transactions or agreements entered into between borrowers and lenders. If you enter into a loan transaction using the Site, you are contracting directly with the lender. The agreements governing the terms and conditions of any loan transaction consummated between a borrower and a lender are separate from the Site.
proborrower is not a broker, agent or insurer, and has no control over the conduct of, or any pricing or other information provided by a borrower or a lender, and proborrower hereby disclaims all liability in this regard. proborrower does not (a) guarantee or ensure any loan amount, transaction fees, offer or availability between a you and a lender, (b) collect or process payment or transfer of title or security liens on behalf of you or your lenders=, or otherwise act as an agent for any party to a loan or real estate transaction. proborrower does not and cannot guarantee the loan products offered by lenders.
proborrower assumes no responsibility to verify whether any information provided by lenders comply with applicable laws; such responsibility rests with the lenders. proborrower does not control how any lenders use your User Content. You acknowledge that proborrower is merely acting as an administrative platform and any dealings that you may have with a lender is governed by the terms of the agreement that you enter into with that lender. You acknowledge that it is your lender’s responsibility, not proborrower’s, to comply with applicable laws related to mortgage lending. You must make the final determination as to the value and appropriateness of the loan transaction. proborrower expressly disclaims any liability or responsibility for the outcome of any transaction you have with your lender.
Users are required to register with proborrower in order to access and use the Site. If you choose to register for the Site, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Site registration form and agree to be bound by the Terms and Conditions. Registration data and certain other information about you are governed by our Privacy Policy www.proborrower.com.
You agree to keep your password confidential and will be responsible for all use of your account and password. proborrower reserves the right to remove, reclaim, or change a username you select if proborrower determines, in its sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. You are responsible for all activity occurring under your User ID. proborrower will not be liable for any loss or damage arising from your failure to comply.
By using the Site, you represent and warrant that you are at least 18 years old, you will not use the Site for any illegal or unauthorized purpose, your use of the Site will not violate any applicable law or regulation. you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise, and that all registration information you submit is true, accurate, current, and complete.
With respect to the content or other materials you upload to the Site or share with other users or recipients (“User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content, you hereby grant and will grant proborrower and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection in any form.
By uploading any User Content, you are authorizing authorize proborrower to share your User Content, including your full name, address, email address, phone number, with your lender to initiate the loan process. You agree to notify any lender directly if you no longer want to receive communications from them.
You have the right at any time to modify or delete your User Content from the Site. It is your responsibility to modify your User Content if and when such User Content is no longer current and/or has inaccurate information.
The Site is not intended as a backup or storage system. You agree to maintain backup copies of all of your User Content on the Site. proborrower shall have no responsibility or liability for the deletion of or the failure to store any of your User Content on the Site.
You are solely responsible for all User Content, including, but not limited to, all documents, images, information, data, text, messages or other materials that you upload, transmit or otherwise use via the Site.
You may not access or use the Site for any purpose other than that for which proborrower makes the Site available. As a user of the Site, you agree not to:
If you access the Site via a mobile application, proborrower grants you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with these Terms and Conditions and with the usage rules set forth in the applicable app distributor’s terms of service. To the extent you access the Site through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply.
By using the Site via a mobile application downloaded from either the Apple Store, Google Play or other app distributer, for your Apple or Android device, you agree not to:
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site provided by you to proborrower are non-confidential and shall become proborrower’s sole property. You hereby agree that proborrower shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of this feedback for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
The Site may contain links to other websites as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").
Such Third-Party Content is not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and proborrower is not responsible for any third-party websites accessed through the Site or any Third-Party Content posted on or accessed through the Site. Inclusion of, linking to, or permitting the use or installation of any third-party websites or any Third-Party Content does not imply approval or endorsement thereof by proborrower.
Under no circumstances will proborrower be liable in any way for any content or materials of any third party, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that proborrower does not pre-screen content, but that proborrower has the right, but not the obligation, to refuse or remove any content that is available on the Site. Without limiting the foregoing, proborrower has the right to remove any content that violates these Terms ad Conditions. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such Third-Party Content.
proborrower reserves the right to:
Please review proborrower’s Privacy Policy www.proborrower.com. By using the Site, you agree to be bound by the Privacy Policy, which is incorporated into these Terms and Conditions.
Please be advised the Site is hosted in the United States. If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
Further, proborrower does not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if proborrower receives actual knowledge that anyone under the age of 13 has provided personal information on the Site without the requisite and verifiable parental consent, any such information will be deleted from the Site as quickly as is reasonably practical.
You acknowledge and agree that the Site may contain content or features that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. In connection with your use of the Site you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by proborrower from accessing the Site, you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Site other than as specifically authorized herein is strictly prohibited. The technology and software of the Site, or used in connection with, are the property of proborrower, its affiliates and its partners.
The proborrower name and logos are trademarks and service marks of proborrower. Other company, product, and service names and logos used and displayed on the Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to proborrower. Nothing in these Terms and Condition or the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of proborrower logos or trademarks, without our prior written permission in each instance. All goodwill generated from the use of proborrower’s name and logos will inure to proborrower’s exclusive benefit.
proborrower respects the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify proborrower using the contact information provided below. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in any such notice to proborrower. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
These Terms and Conditions shall remain in full force and effect while you use the Site. Without limiting any other provision of these Terms and Conditions, proborrower reserves the right to, in its sole discretion and without notice or liability, deny access to and use of the site (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms and conditions or of any applicable law or regulation. proborrower may terminate your use or participation in the site or delete, your account, and/or any content or information that you posted at any time, without warning.
If proborrower terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, proborrower reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
proborrower reserves the right to change, modify, or remove the contents of the Site at any time or for any reason at its sole discretion without notice. Further, proborrower reserves the right to modify or discontinue all or part of the Site without notice at any time. proborrower reserve the right to changes, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. proborrower has no obligation to update any information on the Site.
proborrower will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. proborrower cannot guarantee the Site will be available at all times. The Site may experience hardware, software, or other problems or need maintenance, resulting in interruptions, delays, or errors. You agree that proborrower has no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. proborrower reserves the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
Nothing in these Terms and Conditions will be construed to obligate proborrower to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
These Terms and Conditions and your use of the Site are governed by the laws of the Commonwealth of Massachusetts and shall be construed and enforced in accordance with the laws of the Commonwealth of Massachusetts.
The Parties agree that, in the event of any dispute arising out of, or in connection with, these Terms and Conditions, each Party will in good faith work to reach an amicable and prompt resolution of the dispute. Failing amicable resolution, any such dispute shall be settled by arbitration in Massachusetts in accord with Commercial Arbitration Rules of the American Arbitration Association before a single arbitrator who shall have experience in the area of the matter in dispute. The decision of the Arbitrator shall be final, conclusive and binding on the Parties, the costs of which shall be split between the Parties, excluding independent attorneys’ fees. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
If for any reason, a dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Essex County, Massachusetts, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any dispute falling within that portion of this provision found to be illegal or unenforceable and such dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, pROBORROWER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
pROBORROWER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF pROBORROWER’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. PROBORROW DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND pROBORROWER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY LENDER.
IN NO EVENT WILL pROBORROWER, IT’S AGENTS, DIRECTORS, EMPLOYEES, OR MANAGER’S BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF pROBORROWER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
You agree to defend, indemnify, and hold proborrower harmless, including its subsidiaries, affiliates, and all of its respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Site; (2) breach of these Terms and Conditions; (3) any breach of your representations and warranties set forth in these Terms and Conditions; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, proborrower reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify proborrower, and you agree to cooperate, at your expense, with proborrower’s defense of such claims. proborrower will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
proborrower will maintain certain data that you transmit to the Site as well as data relating to your use of the Site for the purpose of managing the Site. Although proborrower performs regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.
You agree and acknowledge that proborrower shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against proborrower arising from any such loss or corruption of such data.
Visiting the Site, sending proborrower emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications proborrower provides to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by proborrower or via the site.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
These Terms and Conditions and any policies or operating rules posted by proborrower on the Site constitute the entire agreement and understanding between you and proborrower. proborrower’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
These Terms and Conditions operate to the fullest extent permissible by law. proborrower may assign any or all of its rights and obligations to others at any time. proborrower shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond its reasonable control.
If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
To receive further information regarding use of the Site, or if you have any questions regarding these Terms and Conditions, please contact proborrower at contact@proborrower.com.
Last updated: July 10, 2023
proborrower, LLC (“proborrower”) respects the privacy of its users (“user” or “you”). This Privacy Policy (“Privacy Policy”) explains how proborrower collects, uses, discloses, and safeguards your information when you use the proborrower website www.proborrower.com, as well as any other media form, media channel, mobile website, or mobile application related or connected thereto (collectively, the “Site”). Please read this privacy policy carefully. If you do not agree with the terms of this privacy policy, please do not access the site.
proborrower reserves the right to make changes to this Privacy Policy at any time and for any reason. proborrower will alert you about any changes by updating the “Last Updated” date of this Privacy Policy. Any changes or modifications will be effective immediately upon posting the updated Privacy Policy on the Site, and you waive the right to receive specific notice of each such change or modification.
You are encouraged to periodically review this Privacy Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by your continued use of the Site after the date such revised Privacy Policy is posted.
proborrower may collect information about you in a variety of ways, including, but not limited to:
Personally identifiable information, such as your name, shipping address, email address, and telephone number, and demographic information, such as your age, gender, hometown, and interests, that you voluntarily give to proborrower when you register with the Site. Further, proborrower collects Personal Data from you when you voluntarily upload digital copies of documents containing your Personal Data to the Site (“User Content”).You are under no obligation to provide proborrower with personal information of any kind, however your refusal to do so may prevent you from using certain features of the Site.
By voluntarily providing proborrower with Personal Data, you are consenting to its use of it in accordance with this Privacy Policy. If you provide Personal Data to the Site, you acknowledge and agree that such Personal Data may be transferred from your current location to the offices and servers of proborrower and any authorized third parties referred to herein located in the United States.
Information proborrower’s servers automatically collect when you access the Site, such as your IP address, your browser type, your operating system, your access times, and the pages you have viewed directly before and after accessing the Site. If you are using proborrower’s mobile application, this information may also include your device name and type, your operating system, your phone number, your country, your likes and replies to a post, and other interactions with the application and other users via server log files, as well as any other information you choose to provide.
In operating the Site, proborrower may use a technology called "cookies". A cookie is a piece of information that the computer that hosts the proborrower Site gives to your browser when you access the Site. The cookies help provide additional functionality to the Site and help proborrower analyze Site usage more accurately.
If proborrower intends on using any Personal Data in any manner that is not consistent with this Privacy Pledge, you will be informed of such anticipated use.
proborrower is not in the business of selling your information. proborrower considers this information to be a vital part of its relationship with you. There are, however, certain circumstances in which proborrower may share your Personal Data with certain third parties, as set forth below:
proborrower uses administrative, technical, and physical security measures to help protect your personal information. While proborrower takes reasonable steps to secure the personal information you provide on the Site, please be aware that despite these efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, proborrower cannot guarantee complete security if you provide personal information.
As the Site and proborrower’s business continues to grow, it may be necessary for proborrower to make changes to this Privacy Policy. proborrower reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated above. Your continued use of the Site after any changes or revisions to this Privacy Policy become effective constitutes your acceptance of the new terms of such revised Privacy Policy.
To receive further information regarding use of the Site, or if you have any questions regarding this Privacy Policy, please contact proborrower at contact@proborrower.com.