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Terms of Use

Website Content

PLEASE READ CAREFULLY OpenGate Loans Inc. dba OpenGate Lending (Further written/noted as "OpenGate Lending") TERMS OF USE ("AGREEMENT" or "TERMS OF USE") BEFORE USING THE WEBSITE AND SERVICES OFFERED. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITES at HTTP//WWW.OPENGATELENDING.COM (The "SITE(s)") AND ALL SERVICES PROVIDED BY OPENGATE LENDING ON THESE SITES.

By using or browsing the SITES you are agreeing to abide by this Agreement. This Agreement applies to all users of the Site, including without limitation users who are customers, vendors, buyers, sellers, merchants, content contributors, information and other materials or services on the Site.

PROHIBITED ACTIVITY

YOU AT ALL TIMES ARE SOLELY RESPONSIBLE FOR YOUR CONDUCT ON OPENGATE LENDING.

BY USING OPENGATE LENDING YOU AGREE TO NEVER DO THE FOLLOWING:

  1. Post anything which is prohibited by any law or regulation.
  2. Post any information which false, inaccurate, and/or misleading.
  3. Sharing passwords with anyone. (members or non members)
  4. Sharing account information with anyone. (members or nonmembers)
  5. Attempting to steal passwords or account information from other members or users.
  6. Tampering with this Site's engineering and software in any way. Modifying, deleting or duplicating its data.
  7. Threatening, to cause harm (physical or emotional) or harassing another user of this Site.
  8. Impersonating another user of this Site or another person in general who is not you.
  9. Listing for sale or advertising the use of illegal drugs.
  10. Listing for sale or advertising the use of weapons.
  11. Be obscene or post child pornography.
  12. Post any type of pornography or sexual content.
  13. Soliciting Minors.
  14. Posting any product, ad, or material on our website of a minor in any way.
  15. Tamper with another members account
  16. Use our website to solicit another member or user to perform an illegal act.
  17. Discriminate based on race, religion, origin, gender, age, disability, sexual orientation or any manner which is prohibited by law (federal, state or local).
  18. Posting anything on the website that may be construed as human trafficking.
  19. Attempting or using bots, spiders, crawlers, mining software and other automated devices to access, copy, download, remove, etc., any part of the Site.
  20. Attempting or using software, scripts, bots, worms, viruses or any other product or method in order to gain access to the websites data or process.
  21. Be defamatory or trade libelous.
  22. Misrepresent your affiliation with another person on this Site or this Site itself.
  23. Violate OPENGATE LENDING's guidelines, policies, procedures, terms of use, agreement and any applicable law, statute, ordinance or regulation
  24. Infringe upon any third-party's copyright, patent, trademark, trade secret, intellectual property, or other property.
  25. Violate another users privacy rights.

WHO OWNS THE CONTENT

By using the Site you grant OPENGATE LENDING a license solely to enable OPENGATE LENDING to use any and all content you supply OPENGATE LENDING with, so that OPENGATE LENDING is NOT violating any rights you might have in that content. By using the website you grant OPENGATE LENDING a non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub licensable right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now know or not currently know, with respect to your Content. You grant OPENGATE LENDING access to store or re-format your Content on OPENGATE LENDING and display your Content on OPENGATE LENDING in any way as OPENGATE LENDING chooses fit. OPENGATE LENDING will use your personal information as outlined in accordance with OPENGATE LENDING's privacy policy.

If you contact OPENGATE LENDING with suggestions, ideas, proposals, materials pertaining to the website (called "Material"); any recommendations at all they are considered as NON-CONFIDENTIAL & NON-PROPRIETARY information. Should OPENGATE LENDING decide to use any Material, OPENGATE LENDING is NOT responsible or liable to disclose that the suggestion was used and in use. You hereby grant and agree to grant OPENGATE LENDING, under all of your rights in the Material, a world-wide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicense able and transferable right and license to incorporate, use, publish, and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

NO GUARANTEES

OPENGATE LENDING can NOT guarantee that the website will be operating continuously and uninterrupted. If the website is down or your ability to use the website challenged – OPENGATE LENDING will NOT be liable for any loss income or damages caused to a user or member.

SEVERABILITY

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

NO AGENCY

You and OPENGATE LENDING are independent contractors. There is no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship created or intended in this Agreement and when a member or user uses this Site.

CHOICE OF LAW

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of California, in the City of Orange County, excluding its conflicts of law rules, and the United States of America.

SERVICE

OPENGATE LENDING can alter its Terms of Use and other policies at any time. The burden is on YOU to routinely review these policies.

OUR INTELLECTUAL PROPERTY

The Site's graphics, logos, designs, page headers, button icons, scripts, service names, videos are registered trademarks of OPENGATE LENDING. These trademarks may not be used in domain names, email addresses, or in any connection with any product or service that is likely to cause confusion with users, members or visitors of this Site.

NO WARRANTY

OPENGATE LENDING INC., OPENGATE LENDING.COM, OPENGATE LENDING.ORG, OPENGATE LENDING SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND OPENGATE LENDING'S SUPPLIERS PROVIDE OPENGATE LENDING'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS< IMPLIED OR STATUTORY. OPENGATE LENDING INC, OPENGATE LENDING.COM, OPENGATE LENDING.ORG, OPENGATE LENDING SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OPENGATE LENDING SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION, WHETHER IT BE ORAL OR WRITTEN, OBTAINED BY YOU FROM OPENGATE LENDING LLC, OPENGATE LENDING.COM, OPENGATE LENDING.ORG, OPENGATE LENDING SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OPENGATE LENDING SUPPLIERS SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

PRIVACY

OPENGATE LENDING will NOT disclose or sell the personal information of users or members to third parties without that user or member's explicit consent. OPENGATE LENDING stores and safeguards member data and information on technology located in the United Stated and uses technological security measures to protect such data.

PLEASE READ, REVIEW & UNDERSTAND THE PRIVACY POLICY SECTION OF THIS SITE.

INDEMINITY

YOU AGREE TO INDEMNIFY AND HOLD OPENGATE LENDING AND (AS APPLICABLE) OPENGATE LENDING's PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

LIABILTY LIMIT

IN NO EVENT SHALL OPENGATE LENDING INC., OPENGATE LENDING.ORG, OPENGATE LENDING.COM, OPENGATE LENDING's SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER,WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, OPENGATE LENDING's SERVICES, OR THIS AGREEMENT, INCLUDING WIHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

NOTICES

ALL NOTICES SHALL BE GIVEN BY POSTAL MAIL. THESE NOTICES SHOULD BE MAILED TO OPENGATE LENDING AT:

OPENGATE LENDING
18008 Sky Park Circle Suite 270
Irvine, CA 92614
ATTN: LEGAL DEPARTMENT

ANY ISSUES REGARDING INTELLECTUAL PROPERTY / COPYRIGHT PLEASE SEE OUR COPYRIGHT POLICY.

RESOLVING DISPUTES & RELEASE

IN THE EVENT A DISPUTE ARISED BETWEEN YOU AND OPENGATE LENDING PLEASE FIRST CONTACT US AT: INFO@OPENGATELENDING.COM .

Any disputes regarding the subject matter of this Agreement shall be finally settled by arbitration in Orange County, California, using the English language in accordance with Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses incurred in connection therewith. Judgment upon the aware so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any awarded and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Southern District of California. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and OPENGATE LENDING agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Should you have a dispute with one or more users or member from this Site, you release OPENGATE LENDING, its officers, directors, agents, supplier, employees etc. from any and all claims demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

INTERFERENCE WITH THE SITE & ACCESS

By using this Site you agree that you will not use spiders, robots, crawlers, etc. anything at all to access OPENGATE LENDING except to the extent expressly permitted by and incompliance with OPENGATE LENDING's Terms of Use. This information on the site and code is proprietary and/or licensed to OPENGATE LENDING.

BY USING OPENGATE LENDING YOU AGREE TO NEVER:

  1. To impose any unreasonably large load on OPENGATE LENDING's infrastructure.
  2. To Copy, delete, reproduce, change, modify, create derivates, or publicly display any Content or information without the expressed WRITTEN permission of OpenGate Lending.
  3. To interfere with the website in any way that may cause its interruption, delay, lag, etc. any activities which affect the website in any matter whatsoever.
  4. To bypass the specific security features OPENGATE LENDING has dedicated to protect the website.

DISCLOSURES

THE SERVICES HEREUNDER ARE OFFERED BY OPENGATE LENDING.

Copyright and Intellectual Property Policy

OpenGate Loans, Inc. dba OpenGate Lending ("OpenGate Lending") has adopted the following general policy toward copyright and intellectual property infringement in accordance with general U.S. intellectual property laws and the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). OpenGate Lending will respond to notices of this form from jurisdictions other than the U.S. as well. The address of OpenGate Lending's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.

OpenGate Lending may act expeditiously to respond to a proper notice by (1) removing or disabling access to material claimed to be subject of infringing activity; and (2) removing and discontinuing service to repeat offenders. If OpenGate Lending removes or disables access in response to such a notice, OpenGate Lending will make a good-faith attempt to contact the allegedly infringing party so that they may make a counter notification.

  1. Procedure for Reporting Copyright or Intellectual Property Infringements:
    If you materially misrepresent that a product or activity is infringing your intellectual property, you may be liable for damages (including costs and attorneys' fees). Therefore, if you are not sure whether the material infringes upon your intellectual property, please contact an attorney before contacting OpenGate Lending.
    If you believe that material residing on or accessible through OpenGate Lending's website or service infringes a copyright or other intellectual property right, to provide OpenGate Lending of notice of such infringement, you must send a written notice of the infringement to the Designated Agent listed below. Please specify the type of infringement at issue and the notice must include the following information:
    1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or intellectual property right that has been allegedly infringed upon (by fax or regular mail – not by email, except by prior agreement);
    2. Identification in sufficient detail of the material being infringed upon (for an allegation of a patent infringement, please provide a patent number);
    3. IIdentification of the material that is claimed to be infringing upon the intellectual property. Include information regarding the location of the infringing material with sufficient detail so that OpenGate Lending is capable of finding and verifying its existence;
    4. Contact information about the notifier including the name of the intellectual property owner, the name and title of the person contacting OpenGate Lening on the owner's behalf, the address, telephone number and, if available, e-mail address;
    5. A statement that the notifier has a good faith belief that the material is not authorized by the intellectual property or copyright owner, its agent, or the law; and
    6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the intellectual property or copyright owner.
      When removing material from the site, OpenGate Lending will make reasonable attempts to inform the Member of the removal, the reason for the removal, and may provide the Member with a copy of the notice and the notifying party's contact information.
  2. Removal of Allegedly Infringing Material
    Once Proper Bona Fide Infringement Notification is received by the Designated Agent, OpenGate Lending may remove or disable access to the material infringing upon the intellectual property. If OpenGate Lending removes or disables access to content in response to an infringement notice, OpenGate Lending will make reasonable attempts to notify the Member that OpenGate Lending has removed or disabled access to the material. Repeat offenders will have all material removed from the system and OpenGate Lending will terminate such Members' access to the service.
  3. Procedure to Supply a Copyright Counter-Notice to the Designated Agent:
    If you materially misrepresent that a product or activity is not infringing upon the intellectual property, you may be liable for damages (including costs and attorneys' fees). Therefore, if you are not sure whether or not the material infringes on the intellectual property, please contact an attorney before contacting OpenGate Lending.
    If a Member believes that their material that was removed or to which access was disabled is not infringing upon a copyright, you must send a counter-notice, pursuant to 512(g)(2) and (3) of the Digital Millennium Copyright Act. Please do not re-list or reactivate the material yourself. The counter-notice must contain the following information to the Designated Agent listed below.
    1. Your physical or electronic signature (by fax or regular mail – not by email, except by prior agreement);
    2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
    3. A statement, under penalty of perjury, that the you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
    4. Your name, address, telephone number, and, if available, e-mail address and a statement that you consent to the jurisdiction of the Federal Court for the judicial district in which the Member's address is located, or if your address is located outside the United States, for any judicial district in which OpenGate Lending is located, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
      If a counter-notice is received by the Designated Agent, OpenGate Lending may send a copy of the counter-notice to the original complaining party informing that person that OpenGate Lending may replace the removed material or cease disabling it in 10 business days. Unless the copyright or intellectual property owner files an action seeking a court order against the Member, the removed material may be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice, at OpenGate Lending's discretion.
      Please contact OpenGate Lending's Designated Agent to submit Notifications of Claimed Infringement and Copyright Counter-Notices at the following address:
      Designated Agent to Receive Notification of Claimed Infringement:
      OpenGate Lending
      Attn: Legal Department
      18008 Sky Park Circle Suite 270
      Irvine, CA 92614
      USA
      E-mail: legal@opengatelending.com
      Due to IT concerns, attachments cannot be accepted on notices sent via e-mail. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.

YOUR CALIFORNIA PRIVACY RIGHTS

California Civil Code § 1798.83 permits our visitors who are California residents to request certain information regarding their disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to legal@opengatelending or write us:

OpenGate Lending
Attn: Legal Department
18008 Sky Park Circle Suite 270
Irvine, CA 92614

*Disclosures (+):