DESKTOP CLICK-THROUGH AGREEMENT
THIS CLICK-THROUGH AGREEMENT (THIS "AGREEMENT") IS BETWEEN Beauty Supply Lending Group AND YOU.
BY CLICKING ON THE "ACCEPT" BUTTON BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ ALL OF THE TERMS AND
CONDITIONS SET FORTH BELOW, UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND AGREE
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY OF THE
TERMS AND CONDITIONS OF THIS AGREEMENT, Beauty Supply Lending Group IS UNWILLING TO LICENSE THE
SOFTWARE (AS DEFINED BELOW) TO YOU, AND YOU MUST CLICK ON THE "DO NOT ACCEPT" BUTTON BELOW. THE
"EFFECTIVE DATE" OF THIS AGREEMENT IS THE DATE UPON WHICH YOU CLICK THE "ACCEPT" BUTTON BELOW.
FOR THE PURPOSE OF THIS AGREEMENT, YOU SHALL HEREAFTER BE REFERRED TO AS "CUSTOMER".
1. Background; Terms of Service.
Beauty Supply Lending Group
maintains and provides access to a certain software solution in object and source code form, called TheModPost
(the "Software"), which is available at Beauty Supply Lending Group's site identified by
the URL ("Website"). Customer wishes to use the Software to assist them
in preparing a loss mitigation mortgage modification package for presentation to Customer's lender.
2. License.
Beauty Supply Lending Group grants to Customer a nonexclusive, nontransferable, non-sublicensable,
revocable and limited license to access and use the Software solely for Customer's personal purposes to aid in
Customer's attempt to modify a mortgage on Customer's personal real property. The Software may not be
downloaded from the Website or used for any other purpose.
3. License Restrictions.
Unless expressly
otherwise set forth in this Agreement, Customer will not: (a) sell, assign, sublicense, rent, lease,
loan, provide, distribute or otherwise transfer all or any portion of the Software; (b) remove or alter
any trademark, logo, copyright or other proprietary notices associated with the Software; or (c) cause
or permit any other party to do any of the foregoing.
4. Ownership.
As between the parties,
Beauty Supply Lending Group owns all right, title and interest in and to the Software. There are no
implied licenses in this Agreement, and Beauty Supply Lending Group reserves all rights not
expressly granted under this Agreement.
5. Warranty; Disclaimer.
Customer represents warrants and
covenants that: (a) Customer will abide by the terms of this Agreement; and (b) will comply with all
applicable laws, regulations, rules, orders and other requirements, now or hereafter in effect, of any
applicable governmental authority, in his/her performance of this Agreement. Notwithstanding any terms
to the contrary in this Agreement, Customer will remain solely and personally responsible for his/her
acts or omissions. THE SOFTWARE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY
REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. Beauty Supply Lending Group
AND ITS SUPPLIERS DO NOT WARRANT THAT ANY PART OF THE SOFTWARE WILL BE FREE FROM ALL BUGS, ERRORS,
OR OMISSIONS. Beauty Supply Lending Group AND ITS SUPPLIERS DISCLAIM ANY AND ALL OTHER WARRANTIES
AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SOFTWARE WHETHER
ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF
DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF
FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT Beauty Supply Lending Group KNOWS, HAS REASON TO KNOW,
HAS BEEN ADVISED, OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (III) WARRANTIES OF NONINFRINGEMENT OR
CONDITION OF TITLE. CUSTOMER ACKNOWLEDGES AND AGREES THAT CUSTOMER HAS RELIED ON NO WARRANTIES.
6. Limitation of Liability.
EXCEPT FOR ANY ACTS OF FRAUD, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT, IN
NO EVENT WILL Beauty Supply Lending Group BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT OR THE SOFTWARE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT,
TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF Beauty Supply Lending Group HAS BEEN ADVISED OR IS
OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR ANY ACTS OF FRAUD, GROSS NEGLIGENCE,
OR WILLFUL MISCONDUCT, IN NO EVENT WILL Beauty Supply Lending Group'S TOTAL LIABILITY ARISING
OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNT PAID BY CUSTOMER TO Beauty Supply Lending Group, IF
ANY, UNDER THIS AGREEMENT. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION.
7. Third Party Suppliers.
The Software may include software or other code distributed under license from third
party suppliers. Customer acknowledges that such third party suppliers disclaim and make no
representation or warranty with respect to the Software or any portion thereof and assume no
liability for any claim that may arise with respect to the Software or Customer's use or inability to use
the same.
8. Export Controls.
The Software and the underlying information and technology may not
be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq,
Libya, North Korea, Iran, Syria or any other country to which the U.S.
has embargoed goods; or (ii) to anyone on the U.S. Treasury DepartmentÂ’s list of
Specially Designated Nationals or the U.S. Commerce DepartmentÂ’s Table of Deny Orders.
By using the Software, you are agreeing to the foregoing and you represent and warrant that you are not
located in, under the control of, or a national or resident of any such country or on any such list.
9. Termination.
The term of this Agreement will commence on the Effective Date and will remain in effect
indefinetely, unless otherwise terminated in accordance with the terms of this Agreement. Without prejudice to
any other rights, in the event of a breach of the Agreement by Customer, Beauty Supply Lending Group may immediately
terminate this Agreement. Upon expiration or termination of this Agreement, all rights granted to Customer under
this Agreement will immediately cease. In addition to all definitions and this sentence, the following sections
will survive any termination or expiration of this Agreement: 3, 4, 5, 6, 7, 8, 9, 10, and 11.
10. Use Prohibited Where Prohibited by Law.
USE OF THIS SOFTWARE IS STRICTLY PROHIBITED IN ANY JURISDICTION IN
WHICH THE SALE OR USE OF THE SAME IS RESTIRCTED OR PROHIBITED BY LAW AND CUSTOMER ACKNOWLEDGES THAT CUSTOMER
SHALL CONFIRM THAT SUCH USE IS NOT PROHIBITED IN CUSTOMER'S STATE, PRIOR TO CUSTOMER'S USE OF THIS SOFTWARE.
11. Miscellaneous.
This Agreement together with any exhibits attached hereto, are the entire agreement of the parties
regarding the subject matter hereof, superseding all other agreements between them, whether oral or written,
regarding the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws
of the State of without resort to its conflict of law provisions. Any actions concerning this
Agreement or any aspect thereof must be brought in the Superior Court of the State of or in
the Federal District Court for the District of . Customer may not transfer Customer's rights
under this Agreement to any third party. If any provision of this Agreement is invalid, illegal, or incapable of
being enforced by any rule of law or public policy, all other provisions of this Agreement will nonetheless
remain in full force and effect.