The Nourish Group LLC, doing business as LoanStack.io (“LoanStack”, “we” or “us”) provides a platform and tools to enable clients (“Clients”) to handle lead management and response for the real estate industry (“Service” or “Services”).
We offer various Services to you, the “User”, through our web site and our Applications which are available through your mobile device and/or online (collectively, the “Service” or “Services”), all of which are conditioned on your agreement to adhere to the following Terms of Service without modification of any kind. Your use of the Service or your registration with us constitutes your agreement to these Terms of Service. These Terms of Service are subject to change at any time, without prior notice. You are responsible for
reviewing these Terms of Service on a regular basis. These Terms of Service apply to all visitors and all who access our Services.
In connection with your use of any aspect of the Service, you agree and represent as follows:
- You are of legal age (at least 18 years of age) and are otherwise capable of forming a
legally binding contract;
- You have acquired and will maintain appropriate mortgage loan originator and have complied with
all mortgage loan originator licensing and regulatory requirements applicable to mortgage loan originators in
the areas for which you have requested Service;
- You expressly agree to be contacted via Email, SMS, text messaging and Push Notifications
by us, and third parties, if relevant, regarding our Services;
- You agree that you will not use the Service in a manner that is inconsistent with the rights
and restrictions as set forth in this Terms of Service.
- You are responsible for maintaining the security of your Account and any passwords entered
into the Service or provided to us. We cannot and will not be liable for any loss or damage
from your failure to comply with this security obligation. In addition, we are not
responsible if you change a password with a third party service and forget to update the
password in our Service.
2. Payment and Refund Terms
- Payment for the Service will be in accordance with the terms that you have agreed to upon
- The Service is billed on a monthly basis (or annually if elected), in advance, and is
non-refundable. There will be no refunds or credits for setup fees, partial months of
service, upgrade/downgrade refunds, or refunds for months unused with an open Account.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and
you shall be responsible for payment of all such taxes, levies, or duties, excluding only
United States (federal or state) taxes.
- Prices for the Service, including but not limited to subscription plan fees to the Service,
are subject to change upon 30 days’ notice. Such notice may be provided at any time by
posting the changes to our web site or through the Service itself.
3. Responsibility For User Content
We respect the rights of third party creators and content owners and expect that you
will do the same. Given the nature of the Service and the volume of information submitted, we
cannot and do not monitor the Materials posted or transmitted by you and any other third-party
information providers via the Service. You expressly agree that we: (a) will not be liable for
Materials and (b) reserve the right to review, reject, delete, remove, modify, or edit any
Materials at any time for any reason, without liability and without notice to you. We reserve
the right, but are not obligated, to remove User Content from the Service for any reason,
including User Content that we believe violates these Terms or our Acceptable Use Policy
It is the our policy to respond to all claims of intellectual property infringement.
We will promptly investigate notices of alleged infringement and will take appropriate actions
required under the Digital Millennium Copyright Act, Title 17, United States Code, Section
512(c)(2) (“DMCA”) and other applicable intellectual property laws.
Pursuant to the DMCA, notifications of claimed copyright infringement should be sent
to a Service Provider’s Designated Agent. Notification must be submitted to the following
Designated Agent for this web site:
The Nourish Group, LLC
Attention: Barry Tallis
1329 Overlook Drive
Lewisville, TX 75067
To be effective, the notification must be a written communication that includes the
- A physical or electronic signature of a person authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification, a
representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining
party, such as an address, telephone number and, if available, an electronic mail address at
which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in
the manner complained of is not authorized by the copyright owner, its agent or the law;
- A statement that the information in the notification is accurate and, under penalty of
perjury, that the complaining party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
4. Acceptable Use Policy
The following is a partial list of the kinds of activities that are prohibited on or
through the Service: (a) submitting Materials that are patently offensive, such as content that
promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(b) engaging in activities or submitting Materials that could be harmful to minors; (c) engaging
in activity or submitting Materials that harasses or advocates harassment of another person; (d)
engaging in activity that involves the transmission of “junk mail” or unsolicited mass mailing
or “spam” or harvesting or otherwise collecting personally identifiable information about
Service users, including names, phone numbers, addresses, email addresses, (collectively, “User
Data”) without their consent; (e) engaging in activity, or submitting Materials, or promoting
information that is false, misleading or promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libelous; (f) submitting Materials that contain restricted
or password only access pages, or hidden pages or images; (g) submitting Materials that displays
pornographic or sexually explicit material of any kind; (h) submitting Materials that provide
instructional information about illegal activities such as making or buying illegal weapons,
violating someone’s privacy, or providing or creating computer viruses; (i) submitting Materials
that contain viruses, Trojan horses, worms, or any other similar forms of malware, (j) engaging
in activities or submitting Materials that solicit passwords or personally identifiable
information for unlawful purposes from other users; (k) engaging in unauthorized commercial
activities and/or sales without our prior written consent such as advertising, solicitations,
contests, sweepstakes, barter, and pyramid schemes; (l) using any robot, spider, other automatic
device, or manual process to monitor, copy, or “scrape” web pages or the content contained in
the Service or for any other unauthorized purpose without our prior written consent; (m) using
any device, software, or routine to interfere or attempt to interfere with the proper working of
the Service; (n) decompiling, reverse engineering, or disassembling the software or attempting
to do so; or (o) taking any action that imposes an unreasonable or disproportionately large load
on the Service or our hardware and software infrastructure or that of any of our Licensors or
Suppliers. In addition, you covenant and represent that you will not use the Service for any
purpose in violation of the law or these Terms of Service.
5. Sharing Information and Ownership of the Service
LoanStack allows Users to share various content on the Service as s/he determines.
When you register with us, you fill out your profile and can share emails and information with
others on the account. When you use the Service, information you post or share with others, such
as your emails, personal information, notes, comments, messages, photos, or other information,
may become available to other users. All sharing of information is done at your own risk.
Unless otherwise agreed in writing signed by LoanStack, by submitting content,
including your profile information, adding photos, video, data or other materials directly
through the Service or suggesting any ideas or feedback (collectively, “Materials”), you hereby
grant to us a royalty-free, perpetual, irrevocable, fully transferable, sublicenseable,
nonexclusive right and license to use, access, store, copy, modify, re-post, rearrange, display,
distribute, reproduce, perform, create derivative works from, and otherwise use and exploit all
such Materials in any form, media, software or technology of any kind now existing or developed
in the future and the right to sublicense the foregoing rights through multiple tiers without
compensation to you. You further grant to us a royalty-free right and license to use your name,
image and/or likeness in advertising and in connection with the licensed rights for the
Materials. You also agree to indemnify, defend and hold harmless us from and against any claims
or costs, including attorneys’ fees, arising from the use or distribution of those Materials.
You further grant us the right to use your name in connection with the reproduction or
distribution of any such Material. While LoanStack is not under any obligation to monitor
content provided by Users, we may, in its sole determination, remove any content that it deems
objectionable, offensive, unlawful or in violation of these Terms of Service.
Subject to the license above, you retain all of your rights in all of the Materials
you post to our Service, including all copyright rights; moral rights; rights of publicity;
trademark, trade dress and service mark rights (and associated goodwill); trade secret rights;
patent rights and all other intellectual property and proprietary rights as they may now exist
or hereafter come into existence, and all applications for any of these rights and
registrations, renewals and extensions of any of these rights, in each case under the laws of
any state, country, territory or other jurisdiction. The Service, all content and other subject
matter included on or within the Service (“LoanStack Content”) is the exclusive property of
LoanStack or its licensors. We reserve all of its rights with respect the LoanStack
Content, and you may not download or distribute or otherwise make any commercial use of the
The Service may offer forums, blogs, comments areas, bulletin boards and chat rooms
(collectively, “Groups”) that are intended to provide users an interesting and stimulating forum
in which they can express their opinions and share their ideas. We do not endorse the accuracy
or reliability of any advice, opinion, statement or information posted on these Groups. Please
use your best judgment, and be respectful of other individuals using these Groups. Do not use
vulgar, abusive or hateful language. Uploading copyrighted or other proprietary material of any
kind on the Service without the express permission of the owner of that material is prohibited
and may result in civil and/or criminal liability. Any information you disclose when posting a
message in these Groups may become public. You should not include any information in your
posting that you do not want other parties to see or use and you hereby agree that you will not
hold us responsible for any third party’s use of information contained in such posting. To
maintain a positive, creative environment in which Users may share and display Materials, we ask
that you only use the Service in a manner that is consistent with our Acceptable Use Policy. You
agree not to use user names or Group titles that are offensive, obscene, or harassing to others.
We reserve the right to require you to change your user name or the title of your Group at any
time and for any reason in our sole discretion.
6. Use of Third Party Services
As a part of our Service, we may offer links to web sites operated by various third
parties and are not responsible or liable for any acts or omissions created or performed by
these third parties. We provide such links for your convenience and reference only. We do not
operate or control in any way any information, software, products or services available on such
web sites. Our inclusion of a link to a web site does not imply any endorsement of the services
or the site, its contents, or its sponsoring organization.
7. Representations and Warranties and Indemnification
You hereby represent and warrant that: (a) you have all necessary authority, rights
and permissions to submit the Materials and grant the licenses described in these Terms of
Service, (b) the Materials are accurate, current and complete, (c) the Materials and your use of
the Service shall not infringe or misappropriate any copyright, trademark, trade secret, patent,
or other intellectual property right of any third party or violate any other rights of third
party, including, without limitation, any rights of privacy or publicity or any contractual
rights, (d) the Materials and your use of the Service shall not violate any applicable law or
regulation or cause injury to any person; and (e) your use of the Service shall not violate any
agreements between you and a third party.
You agree to indemnify, defend and hold harmless us, and its officers, directors,
employees, agents, and contractors and suppliers from and against any and all claims, costs,
demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys’
fees, arising from or related to: (a) the Materials you provide, (b) your use of the Service,
(c) your breach of these Terms of Service, or (d) any actual, prospective, completed or
terminated purchase, sale or other transaction between you and a third party.
8. Disclaimers and Limitations
We intend that the information contained in our Service be accurate and reliable;
however, errors and data loss may sometimes occur. From time to time, we may issue an update to
the Service which may add, modify, and/or remove features from the Service. These updates may be
launched automatically with little or no notice, although we may make reasonable efforts to
notify you in advance of an upcoming update. THE SERVICE AND THE INFORMATION, SOFTWARE, PRODUCTS
AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” WE AND/OR OUR SUPPLIERS, LICENSORS,
PARTNERS AND AFFILIATES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY
MATTER WHATSOEVER RELATING TO THE SERVICE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES
PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF OUR SERVICE IS AT YOUR OWN RISK. WE
AND/OR OUR SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR
SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICES, LOSS OF DATA, BREACH OF THE SERVICE
OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH US, OR OTHERWISE
ARISING OUT OF THE USE OF THE SERVICE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF
CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR
SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR OUR SUPPLIERS OR LICENSORS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, LICENSORS AND
AFFILIATES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, SHALL NOT EXCEED THE TOTAL SUM OF
$100.00. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE CONTRACT
BETWEEN US AND YOU. Some states do not allow the limitation of liability, so the foregoing
limitation may not always apply.
ERRORS AND DELAYS
We are not responsible for any errors or delays or other technical problems. We recommend that
you always keep a copy of any data or information that you have loaded to our Service in case of
any service interruption or failure.
9. Termination and Cancellation
You are solely responsible for canceling your Account. If you decide at any time that
you no longer wish to receive maintain your Account with us, you can access your account and
remove any personal information, but this may result in the closure of your
account. Cancellations by phone or sent to any other email address will not be considered valid.
You will have thirty (30) days after cancellation to export any data from your account. This
information cannot be recovered once your Account is cancelled. If you cancel the Service before
the end of your current paid up month/year, your cancellation will take effect immediately and
you will not be charged again.
We reserve the right in our sole discretion, and without any prior notice, to
terminate your access to the Service for any reason, including but not limited to your breach of
these Terms of Service, the terms and conditions of any service for which you may have
registered, failure to pay for Service or a violation of the rights of another User or the law.
We reserve the right with or without notice to you at any time to change, modify or
discontinue any service or a portion or attribute thereof, or the offering of any information,
good, content, product or service. We shall have no liability to any User or any third party
should we modify or discontinue any service or an aspect thereof.
You agree that: (i) the Service shall be deemed solely based in Wyoming; and (ii) this
Service shall be deemed a passive web site and service that does not give rise to personal
jurisdiction over us, either specific or general, in jurisdictions other than Wyoming. These
Terms of Service shall be governed by the internal substantive laws of the State of Wyoming,
without respect to its conflict of laws principles. The application of the United Nations
Convention on Contracts for the International Sale of Goods is expressly excluded. These Terms
on the Service, shall constitute the entire agreement between you and us concerning this Service
and supersedes any prior written or oral representations. YOU AND WE AGREE THAT ANY CAUSE OF
ACTION ARISING OUT OF OR RELATED TO THIS SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE
CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. These Terms of
Service may not be transferred or assigned by you, but may be assigned by us without
restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
All rights not expressly granted herein are reserved to us.
IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES MADE IN THESE TERMS,
PLEASE EXIT THIS SERVICE IMMEDIATELY.
Updated on February 1, 2021