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Terms of Service

TERMS OF SERVICE – LOAN ORIGINATION SYSTEM

The Loan Origination System ("LOS") portal is offered by Axos Bank dba LaVictoire Finance (“LaVictoire Finance,” “we,” “us,” “our”) to you conditioned on your acceptance without modification of these Terms of Service between you and LaVictoire Finance. They include important legal aspects, such as our disclaimers of warranty, limitation of our liability to you, and your indemnity obligations to us in connection with the LOS portal.

OTHER TERMS AND CONDITIONS

If you are accessing the LOS portal through our website, please note that the website use may be subject to additional terms and conditions and privacy policies as displayed on the website, if any. Please read those carefully because they will apply to you.

We may, in our sole discretion and for any reason, modify, supplement or amend these Terms of Service without any notice or liability to you or any other person, by posting revised Terms of Service on the LOS portal homepage. Your continued use of the LOS portal signifies your acceptance of any revised Terms of Service, so check back frequently to read the most recent version.

AUTHORIZED USE

By agreeing to these Terms of Service, you warrant and represent that you have full authority to act on behalf of Dealer and you will access and use the LOS within the scope of your employment with Dealer only. You further acknowledge that you will not use the LOS for your personal use. You acknowledge and agree that LaVictoire Finance may terminate your access to the LOS in its sole discretion with or without cause.

You hereby authorize LaVictoire Finance to monitor, observe, and analyze all uses and access by you of the LOS, including any intra-platform communications. Notwithstanding any statements in any privacy policies as to the use of the website through which the LOS is accessed, you acknowledge and agree that LaVictoire Finance will have full visibility and transparency into any and all uses and access of the LOS and you have no expectation privacy in connection with such use and access.

INFORMATION YOU PROVIDE

As to any information you provide to us, it must be either your information or information you are expressly authorized in writing by a third party to share with us. You are prohibited from sharing with us information of a third party without you first obtaining the third party’s authorization to share the information with us.

CODE OF CONDUCT

You are solely responsible for compliance with any and all laws, rules, regulations that may apply to your own use of the LOS portal, including areas where you can upload information or you can chat, collaborate, and otherwise communicate with other individuals. Your use of the portal is subject to rules that prohibit you from certain conduct, as follows:

  • Do not upload sensitive information about others and do not include such information in your communications with us unless it is required: (i) for purposes of the services we provide through the LOS portal or (b) by law, regulation, or other requirements of a governmental body. Sensitive information could include information that an individual would typically consider as sensitive and requiring a higher level of confidentiality, including, for example: (1) social security, driver’s license, state identification card, or passport numbers; (2) financial, income, and credit score information; (3) account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; (4) geolocation data; (5) racial or ethnic origin, political opinions, religious or philosophical beliefs, or union membership; (6) contents off a person’s mail, email and text messages, unless we are the intended recipient of the communication; (7) genetic data; (8) biometric information; (9) health information; (10) sex life or sexual orientation.
  • Do not take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have toward anyone.
  • Do not post, upload or communicate any information you know is false, misleading, or inaccurate. Do not do anything deceptive or fraudulent.
  • Do not offer any products or services that are illegal or violate any applicable law, statute, ordinance, regulation, rule or order.
  • Do not do anything threatening, abusive, discriminatory, racist, harassing, defamatory, libelous, tortious, obscene, profane, or invasive of another person’s privacy.
  • Do not distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Do not run mail lists, listservs, or any kind of auto-responder or spam on or through the portal.
  • Do not distribute software viruses, or anything other malware designed to interfere with the proper function of any software, hardware, or equipment.
  • Do not use personal information about individuals for any purposes other than those for which the personal information was provided to you.

PASSWORD POLICY

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the LOS portal or portions of it using your username, password, or other security information. You are solely responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

UNAUTHORIZED USE

Tell us immediately if you believe that an unauthorized access, use, or other transaction has been or may be made from your account(s); if you believe another person has improperly obtained your online password(s); or you suspect fraudulent activity on your account(s). You may call us at (855) 753-0341 or e-mail us at privacy@lv-finance.com. Contacting us right away will help you reduce possible losses and damages.

LIMITATION OF LIABILITY AND DISCLAIMERS

Except as otherwise expressly provided herein, your use of the LOS portal is at your own risk. Neither we, nor any of our respective officers, directors, or employees, nor any other party involved in creating, producing, or delivering the LOS portal is liable for any direct, incidental, consequential, indirect, punitive, or other damages or liabilities of any kind arising out of your access to or use of the LOS portal, or the inability to access or use the LOS portal, whether caused by us, our service providers, or such other parties, online service providers, any agent or subcontractor of any of the foregoing or any other party.

Without limiting the above, you agree you are solely liable for and will indemnify LaVictoire Finance and any of our respective officers, directors, or employees for any and all claims, losses, liability, damages, and/or demands (including, but not limited to, reasonable attorneys' fees and court costs) arising out of or in any way connected to your use or violation of any agreement with us, including these Terms of Service, and your acts or omissions in connection with the LOS portal.

WITHOUT LIMITING THE FOREGOING, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE LOS PORTAL AND RELATED SERVICES ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WHILE LAVICTOIRE FINANCE MAKES EVERY EFFORT TO PROVIDE ACCURATE INFORMATION IN CONNECTION WITH THE LOS PLATFORM AND RELATED SERVICES, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, LAVICTOIRE FINANCE MAKES NO WARRANTY THAT (a) THE LOS PORTAL AND RELATED SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, or (b) ANY INFORMATION CONTAINED ON, RESULTS THAT MAY BE OBTAINED FROM THE USE OF, OR OTHER ASPECT OF THE LOS PORTAL AND RELATED SERVICES WILL BE ACCURATE, CURRENT, COMPLETE OR RELIABLE.

GOVERNING LAW

These Terms of Service are governed by, construed and enforced in accordance with applicable federal law and the laws of the State of Nevada.

Except with respect to disputes in which a party actually seeks injunctive relief, the parties shall submit any and all disputes, controversies, or claims related to or arising under these Terms of Service or in connection with use of the LOS Portal to final and binding arbitration before a single neutral arbitrator (the “Arbitrator”) in accordance with JAMS’ Comprehensive Arbitration Rules and Procedures as then in effect (the “JAMS Rules”).  Unless otherwise agreed by the parties, the Arbitrator shall be a retired judge or a similarly qualified individual with experience adjudicating commercial law matters.  Notwithstanding anything to the contrary contained in such JAMS Rules (i) the Arbitrator shall base his or her decision on the record and in accordance with the agreement and applicable law, (ii) in no event shall the Arbitrator make any ruling, finding or award that does not conform to the terms and conditions of this Agreement, is not supported by the weight of the evidence, or is contrary to statute, administrative regulations or established judicial precedents and (iii) the arbitration award shall be a factually detailed, reasoned opinion stating the Arbitrator’s findings of fact and conclusions of law.  All arbitration proceedings shall be conducted in Clark County, Nevada. Any award pursuant to any arbitration proceeding hereunder may be enforced in any court having jurisdiction over the parties. In any proceeding hereunder, the Arbitrator shall have authority to award costs of arbitration, including the fees, costs and reasonable attorney’s fees to the prevailing party. To the extent that an action in court is permitted hereunder, such action shall only be commenced before a state or federal court located in Clark County, Nevada.

EACH PARTY HEREBY WAIVES, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ANY ANCILLARY AGREEMENT, OR ANY TRANSACTION CONTEMPLATED HEREBY OR THEREBY. EACH PARTY CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER, AND ACKNOWLEDGES THAT BOTH PARTIES HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT AND ANY ANCILLARY AGREEMENT, AS APPLICABLE, BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS SET FORTH IN THIS PARAGRAPH.

EACH PARTY FURTHER AGREES THAT IT WILL NOT BRING ANY CLASS OR COLLECTIVE ACTION AGAINST THE OTHER PARTY IN ANY FORUM, NOR JOIN ANY CLASS OR COLLECTIVE ACTION BROUGHT AGAINST THE OTHER PARTY IN ANY FORUM.