You (“Client” or “you”) are a client of Advance Loan Technologies LLC, a Florida limited liability company (“ALT” or “we”), with respect to its Epic Loan System pursuant to an Epic Loan Systems Agreement (“Agreement”). You agree that, in order to continue use of the Epic Loan Systems, the following terms and conditions are made a part of and incorporated into the Agreement, hereby amending the Agreement. Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Agreement. With respect to any conflict or inconsistency between this Addendum and the Agreement, this Addendum shall govern and control. Except as set forth herein, the Agreement remains in full force and effect. ALT and Client agree as follows:
- EPIC LOAN SYSTEMS ACCEPTABLE USE POLICY. Client acknowledges that ALT has adopted an Acceptable Use Policy (the “Policy”) governing the use of its services and website. This Acceptable Use Policy describes prohibited uses of the web services offered by EPIC Loan Systems (the “Services”) and the website located at http://www.epicloansystems.com (the “EPIC Site”). The examples described in this Policy are not exhaustive. We may modify this Policy at any time by posting a revised version on the EPIC Site. By using the Services or accessing the EPIC Site, you agree to the latest version of this Policy, which is located at http://www.epicloansystems.com/aup. If you violate the Policy or authorize or help others to do so, we may suspend or terminate your use of the Services. In addition, you will be liable for any loss or damage you may cause ALT.
A. No Illegal, Harmful, or Offensive Use or Content
You may not use, or encourage, promote, facilitate or instruct others to use, the Services or the EPIC Site for any illegal, harmful or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive. Prohibited activities or content include:
- Illegal Activities. Any illegal activities, including advertising, transmitting, or otherwise making available gambling sites or services or disseminating, promoting or facilitating child pornography.
- Harmful or Fraudulent Activities. Activities that may be harmful to others, our operations or reputation, including offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming), or engaging in other deceptive practices.
- Infringing Content. Content that infringes or misappropriates the intellectual property or proprietary rights of others.
- Offensive Content. Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts.
- Harmful Content. Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.
B. No Security Violations
You may not use the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include:
- Unauthorized Access. Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System. You are not permitted to access or attempt to access the Services by any means other than what ALT provides or expressly allows.
- Access Control. You will prevent unauthorized use of the Services by your Administrators and your end users and terminate any unauthorized use of or access to the Services. You will promptly notify ALT of any unauthorized use of or access to the Services.
- Interception. Monitoring of data or traffic on a System without permission.
- Falsification of Origin. Forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route. This prohibition does not include the use of aliases or anonymous remailers.
C. No Network Abuse
You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include:
- Monitoring or Crawling. Use any manual or automated software devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages provided by the Services.
- Denial of Service (DoS). Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.
- Intentional Interference. Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.
- Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions.
D. No E-Mail or Other Message Abuse
You will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. You will not collect replies to messages sent from another internet service provider if those messages violate this Policy or the acceptable use policy of that provider.
E. Text Message Opt-in Application and Compliance
When Client elects to include functionality to EPIC to manage text opt-ins / opt-outs, the following applies. Initial opt-in functionality through the EPIC Program includes e-signature processing which should satisfy most federal and state text message marketing rules and regulations. In the event a customer initially opts-out or fails to opt-in and then subsequently uses the opt-in feature, Client must ensure such opt-in marketing text messaging is in conjunction with a recording or a written and signed authorization in order to comply with all text message marketing requirements of applicable state and federal governments. Client must comply with all text message and SMS marketing laws and regulations, including maintaining signed contracts and voice recordings or similar methods to memorialize the borrower’s intent to receive Marketing Text Messages. Client shall be liable and responsible for all aspects of the process, including any operational processes they may use outside of the EPIC application to manage opt-ins/outs. Client understands that Client is fully and solely responsible for satisfying any and all laws, rules and regulations with respect to SMS or text message marketing.
Indemnification: Client hereby indemnifies and holds ALT harmless from and against any claim, liability, loss, judgment or damage incurred by ALT, including but not limited to all attorney’s fees and costs, by reason of any claims or actions arising from or related to the SMS or text messaging opt-in / opt-out application, whether commenced by Client or any party with whom Client engages in any consumer loan transactions. Client shall advance all attorney’s fees and costs for which indemnity is provided hereunder.
F. Data Extracts
CLIENT agrees that ALT will provide data extracts and reports to enable analysis and compilation of such information as CLIENT deems necessary or appropriate in connection with business operations. In connection therewith, please note the following:
- ALT will provide CLIENT with such data as requested, provided that ALT expressly disclaims any liability, and CLIENT expressly releases and holds ALT harmless, for the manner in which CLIENT chooses to utilize such data.
- ALT shall only provide data upon the written request of the duly-authorized representatives, as set forth below. CLIENT may update the authorized representatives in writing to ALT.
i. Authorized Representative: ________________________________
ii. Authorized Representative: ________________________________
iii. Authorized Representative: ________________________________
Note: If the above information has previously been supplied to EPIC, it is not necessary to complete #2, above.
- 3. CLIENT acknowledges and agrees that CLIENT has policies and procedures in place to ensure the security and protection of the data, including but not limited to restrictions on access, encryption, backups, computer viruses, or illegal or unauthorized intrusions.
- 4. CLIENT hereby indemnifies and holds ALT harmless from and against any and all liability of any nature whatsoever, including attorneys’ fees and costs, resulting from the manner in which CLIENT utilizes the data, or if the data should be compromised in any manner through no fault of ALT.
G. FTP Secure Server
When you request the delivery of Data Extracts and / or Reports from EPIC, they are delivered to you via Secure FTP Server. To access this FTP server we must whitelist your IP Address. For security purposes, EPIC will only whitelist one IP Address per portfolio.
Please provide the IP Address you want us to whitelist, as well as the Technical Contact information for the individual within your organization who should receive the FTP connection details and the credentials to gain access. This technical contact will be notified if there are any technical changes or updates to your FTP account in the future.
- Technical Contact Name: ______________________________________
- Technical Contact Email: ______________________________________
- Technical Contact Phone: (Office): __________________________
- (Cell): ___________________________
- Whitelist IP address: ___________________________________________
Note: If the above information has previously been supplied to EPIC, it is not necessary to complete this section.
H. Our Monitoring and Enforcement
We reserve the right, but do not assume the obligation, to investigate any violation of this Policy or misuse of the Services or EPIC Site. We may:
- investigate violations of this Policy or misuse of the Services or EPIC Site; or
- remove, disable access to, or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of this Policy or any other agreement we have with you for use of the Services or the EPIC Site or (ii) engaged in illegal or improper use of the Service.
We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.
I. Reporting of Violations of this Policy
If you become aware of any violation of this Policy, you will immediately notify us and provide us with assistance, as requested, to stop or remedy the violation. To report any violation of this Policy, please follow our abuse reporting process.
- ADDITIONAL TERMS AND CONDITIONS. Client acknowledges and agrees that the Agreement is modified to include the following additional terms and conditions:
- Your Account. Upon setup of your portfolio with ALT you will be provided with a set of administrative credentials for the Services. It is your responsibility to safeguard the login and password that you use to access the Services and you agree not to share your login and password with any third party, including not sharing your login amongst two or more users. You are responsible for any activity originating from your account, regardless of whether such activity is authorized by you. You should notify ALT immediately of any unauthorized use of your account.
- Use of the EPIC Loan Systems Properties. Subject to compliance with these Terms of Service, ALT grants to you a limited, non-exclusive, non-transferrable, non-sublicensable right to: (i) access and use ALT’s Services and the EPIC Site (the “EPIC Loan Systems Properties”) for your internal business purposes; and (ii) use the Documentation in support of such access and use of the EPIC Loan Systems Properties. Unless otherwise specified by ALT in a separate license, your right to use any EPIC Loan Systems Properties is subject to the Terms.
- Updates. You understand that the Services are evolving. As a result, ALT may require you to accept updates to the Services. You acknowledge and agree that ALT may update the Services with or without notifying you. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these updates without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our Services. You may need to update third-party software from time to time in order to use the EPIC Loan Systems Properties.
- Availability of the Services. Information describing the Services is accessible worldwide but this does not mean the Services or certain portions of the Services are available in your country. We may restrict access to portions of the Services in certain countries. It is your responsibility to make sure your use of the Services is legal in the country where you reside. The Services may not be available in all languages. If at ALT’s reasonable determination, you are using the EPIC Loan Systems Properties in a manner that violates laws, creates an excessive burden or potential adverse impact on ALT’s systems, in addition to any of its other rights or remedies, ALT may, without liability to ALT, immediately suspend your access to the EPIC Loan Systems Properties.
- ALT Stores Your Data in the United States. ALT provides the Services from the United States. By using and accessing the Services, you understand and agree to the storage and processing of your Data and any other information you choose to provide in the United States. ALT reserves the right to store and process your Data and any other information you choose to provide outside of the United States and will endeavor to give you 30 days’ notice in the event of such a change.
- Your Feedback. We appreciate your comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us, including responses to questionnaires or through postings to the Service, including the EPIC Site and user interfaces, suggestions, documents and/or proposals (collectively, the “Feedback”). You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant ALT a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback.
- Use of Information Submitted. ALT is free to use any of the Feedback worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Services. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against ALT and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
- Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and data associated with or inside your account, including your Data. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of your Data associated therewith from our live databases. ALT will not have any liability whatsoever to you for any suspension or termination, including for deletion of your Data. All provisions of these Terms, which by their nature should survive, shall survive termination of Services, including without limitation ownership provisions, warranty disclaimers and limitations of liability.
- Electronic Communications. The communications between you and ALT use electronic means, whether you visit the EPIC Loan Systems Properties or send us e-mails, or whether we post notices on the EPIC Loan Systems Properties or communicate with you via e-mail. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. Your consent in this section does not affect your statutory rights.
- Non-FCRA Use Restrictions. No information supplied by ALT to Client by means of the Program, any Optional Applications, or the Services pursuant to this Agreement is provided by a “consumer reporting agency,” as that term is defined in the Fair Credit Reporting Act (15 U.S.C. § 1681, et seq.) (“FCRA”), and it does not constitute a “consumer report,” as that term is defined in the FCRA. Accordingly, the Services may not be used in whole or in part as a factor in determining eligibility for credit, insurance, employment or another purpose in connection with which a consumer report may be used under the FCRA.
- FCRA Use Restrictions. In the event that Client obtains a “consumer report” from a third-party “consumer reporting agency,” as those terms are used in the FCRA (the “Reports”), using the Program or any Optional Applications or the Services as a technical facility or conduit for transmitting or storing such information, then Client covenants, represents and warrants that the Reports shall be used as the exclusive factor in determining eligibility for credit, insurance, employment or another purpose in connection with which a consumer report may be used under the FCRA. Client covenants, represents and warrants that it shall not use the Reports for marketing purposes or resell or broker the Reports to any third-party, and shall not use the Reports for personal (non-business) purposes.
- Notice. Where ALT requires that you provide an e-mail address, you are responsible for providing us with your most current e-mail address. In the event that the last e-mail address you provided to us is not valid, or for any reason is not capable of delivering to you any notices required/permitted by the Terms, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to us at the following address: Advance Loan Technologies LLC, 6360 NW 5th Way, Suite 300, Fort Lauderdale, FL 33309. Such notice shall be deemed given when received by ALT by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
Version 1.0 – May 16, 2016