The websites located at www.BluecastleLending.com and www.InstantPQ.com (the “Sites”) are copyrighted works belonging to Bluecastle Lending LLC (“Bluecastle Lending”, “us”, “our”, and “we”). Certain features of the Sites may be subject to additional guidelines, terms, or rules, which will be posted on the Sites in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
THESE TERMS OF USE (THESE “TERMS”) SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITES. BY ACCESSING OR USING THE SITES, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE Sites OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITES.
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 10.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
These Terms do not apply to your access to and use of the products and services that we market for subscription on the Sites (our “Services”). Your access to and use of such Services are detailed in and governed by our Subscription Agreement.
1.1 Account Creation. In order to use certain features of the Sites, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Sites. Bluecastle Lending may suspend or terminate your Account at its own discretion and for any reason whatsoever.
1.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Bluecastle Lending of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Bluecastle Lending cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2.1 License. Subject to these Terms, Bluecastle Lending grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Sites solely for your own personal, noncommercial use, but only in accordance with these Terms.
2.2 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Sites, whether in whole or in part, or any content displayed on the Sites; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Sites; (c) you shall not access the Sites in order to build a similar or competitive websites, product, or service; and (d) except as expressly stated herein, no part of the Sites may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Sites shall be subject to these Terms. All copyright and other proprietary notices on the Sites (or on any content displayed on the Sites) must be retained on all copies thereof.
2.3 Modification. Bluecastle Lending reserves the right, at any time, to modify, suspend, or discontinue the Sites (in whole or in part) with or without notice to you. You agree that Bluecastle Lending will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Sites or any part thereof.
2.4 No Support or Maintenance. You acknowledge and agree that Bluecastle Lending will have no obligation to provide you with any support or maintenance in connection with the Sites.
2.5 Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Sites and its content are owned by Bluecastle Lending or Bluecastle Lending’s suppliers. Neither these Terms (nor your access to the Sites) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section. Bluecastle Lending and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
2.6 Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:In addition, you agree not to: (i) upload, transmit, or distribute to or through the Sites any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Sites unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Sites to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Sites, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Sites (or to other computer systems or networks connected to or used together with the Sites), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Sites; or (vi) use software or automated agents or scripts to produce multiple accounts on the Sites, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Sites (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Sites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
2.7 Enforcement. We reserve the right (but have no obligation) to investigate and/or take appropriate action against you in our sole discretion if you violate any provision of these Terms or otherwise create liability for us or any other person. Such action may include terminating your Account in accordance with Section 7, and/or reporting you to law enforcement authorities.
2.8 Feedback. If you provide Bluecastle Lending with any feedback or suggestions regarding the Sites (“Feedback”), you hereby assign to Bluecastle Lending all rights in such Feedback and agree that Bluecastle Lending shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Bluecastle Lending will treat any Feedback you provide to Bluecastle Lending as non-confidential and non-proprietary. You agree that you will not submit to Bluecastle Lending any information or ideas that you consider to be confidential or proprietary.
2.9 Aggregate/Anonymous Data. Bluecastle Lending may generate and collect learnings, logs and data regarding use of the Sites (“Aggregate/Anonymous Data”). You agree that Bluecastle Lending may use Aggregate/Anonymous Data for any business purpose, before or after termination of these terms, including without limitation to develop and improve other products and services, so long as the Aggregate/Anonymous Data does not personally identify you.
2.10 Passwords. Your Personal Information is protected by a password for your privacy and security. It is your responsibility to keep your account and Personal Information safe and secure by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your account.
To prevent unauthorized access, promote data security, and encourage appropriate use of information, we use a variety of tools to assist in the protection of your information. You should note, however, that “perfect security” does not exist on the Internet. Third parties may unlawfully intercept or access transmissions or private communications. You should not expect that your Personal Information will remain private.
3.1 Third-Party Services. You acknowledge that the Sites will enable or assist you to access, interact with, and/or purchase services from third parties (collectively, “Third-Party Services”). Should you opt to use the Third Party Services, you will be subject to separate or additional terms of such Third-Party Services and may be required to enter into a separate written agreement with the third party for the provision of the Third-Party Services. You shall comply in all respects with all applicable terms of the Third-Party Services that you access or subscribe to through the Sites.
In connection with the Third-Party Services, you may access content licensed by Bluecastle Lending from third parties (“Third Party Content”). Such Third Party Content shall be subject to the license set forth above and you additionally agree not to use the Sites, or any part thereof, to infringe, violate or misappropriate any intellectual property rights and/or other proprietary rights of any third party into the Third Party Content;
In order for Bluecastle Lending to distribute your information and facilitate contacts between you and the Third-Party Services, you hereby grant Bluecastle Lending permission to disclose any and all of the information that you provide to Bluecastle Lending to any such Third-Party Services. Any information that you provide to Bluecastle Lending must be true, complete, and accurate, must not represent you as someone else or falsely identify you, and must not violate any law, statute, ordinance or regulation. You are solely responsible for such information and for all of the terms and conditions of transactions between you and such third parties, including, without limitation, terms regarding warranties, insurance, fees, taxes, titles and licenses.
The Third-Party Services are not under the control of Bluecastle Lending, Bluecastle Lending does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services and is not responsible for any Third-Party Services. You use all Third-Party Services at your own risk, and should apply a suitable level of caution and discretion in doing so.
If at any time any Third-Party Services cease to make their programs available to us on reasonable terms, we may cease to provide such features to you without entitling you to refund, credit, or other compensation
3.2 Release. You hereby release and forever discharge Bluecastle Lending (and our officers, employees, agents, successors, and assigns, and its affiliated businesses, and its officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Sites (including any interactions with, or act or omission of, other Sites users or any Third-Party Services).
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You agree to indemnify and hold Bluecastle Lending (and our officers, employees, agents, successors, and assigns, and its affiliated businesses, and its officers, employees, agents, successors, and assigns) harmless, including costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of (a) your use of the Sites, (b) your violation of these Terms, (c) your violation of applicable laws or regulations. Bluecastle Lending reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Bluecastle Lending. Bluecastle Lending will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
THE SITES IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND BLUECASTLE LENDING (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BLUECASTLE LENDING (AND OUR OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, AND ITS AFFILIATED BUSINESSES, AND ITS OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITES, EVEN IF BLUECASTLE LENDING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Subject to this Section, these Terms will remain in full force and effect while you use the Sites. We may suspend or terminate your rights to use the Sites (including your Account) at any time for any reason at our sole discretion, including for any use of the Sites in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Sites will terminate immediately. You understand that any termination of your Account may involve the deletion of any Content associated with your Account from our live databases. Bluecastle Lending will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your Content. Even after your rights under these Terms are terminated, the following provisions will remain in effect: Sections 2.2 through 2.5, and Sections 4 through 10.
8.1 Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Sites. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Sites. These changes will be effective immediately for new users of our Sites. Continued use of our Sites following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.
8.2 Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Bluecastle Lending and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
8.3 Applicable Law. The laws of the State of Florida, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and Bluecastle Lending.
8.4 Export. The Sites may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Bluecastle Lending, or any products utilizing such data, in violation of the United States export laws or regulations.
8.5 Disclosures. Bluecastle Lending is located at the address in Section 8.9. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
8.6 Electronic Communications. The communications between you and Bluecastle Lending use electronic means, whether you use the Sites or send us emails, or whether Bluecastle Lending posts notices on the Sites or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Bluecastle Lending in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Bluecastle Lending provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
8.7 Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Sites. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Bluecastle Lending is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Bluecastle Lending’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Bluecastle Lending may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
8.8 Intellectual Property. Copyright/Trademark/Patent Information. Copyright © 2016 Bluecastle Lending LLC All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Sites are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party that may own the Marks. Bluecastle Lending is using proprietary patent-pending technology protected by a Provisional Utility Application #63/612873US with the United States Patent and Trademark Office
8.9 Contact Information:
Address: Bluecastle Lending LLC. 1766 Colonial Dr. Coral Springs, FL 33071.
Email: alex@bluecastlelending.com
These Terms constitute the entire agreement between you and us regarding the use of the Sites. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Bluecastle Lending is that of an independent contractor, and neither party is an agent or partner of the other. These Terms and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Bluecastle Lending’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Bluecastle Lending may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.