Terms of Service
By accessing the Site or using the Services, you signify you have read, understand, and agree to be bound by the Terms of Service. The term “you” includes you, any of your agents, and any principal on whose behalf you are acting when accessing the Site. If you are accessing the Site or using the Services on behalf of a corporation, limited liability company, partnership, trust, or other person or entity, you represent that you have the authority to agree to our Terms of Service on behalf of the entity or person, and that your use of the Site or Services shall constitute the person’sorentity’sagreement. Forbrevity,whendiscussingthetermsofuse,“user”meansany individual, including you, as well as any business entity that accesses the Site or uses the Services on their own or through an agent.
We reserve the right, at our sole discretion, to change, modify or add to the Terms of Service from time to time. If you are a registered user of the Site, we will notify you, at the email address used to access the Site, of changes to the Terms of Service. Our communication will notify you of the effective date of changes to the Terms of Service. Ordinarily, changes will become effective no earlier than 10 calendar days after they are posted. However, we will make changes effective sooner or immediately, if in our sole discretion we determine doing so is reasonable and beneficial or necessary.
Other Agreements between You and Us
We may require you to create a user account to access and use certain features of the Site and to participate as a client in the Services. You agree to provide accurate, complete and current information; protect the confidentiality of your user identity and password (including by exiting your account at the end of each session); and update your information to keep it accurate, current and complete. You further agree to be fully responsible for all use of your account and for any actions that take place using your account. If you believe your user account is compromised or you discover a breach of security, you agree to immediately notify us. You agree not to hold Certain Lending, our employees, agents, or affiliates liable for any loss or damage arising from your failure to comply with this section.
“Service Content” refers to all content on the Site and of the Services, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound, other files, and their selection and arrangement. Service Content is the proprietary property with all rights reserved. Nooneisallowedtomodify,copy,distribute,frame,re-publish,reproduce,download, display, post, transmit, or sell Service Content, in whole or in part and in any form or by any means, without our prior written permission.
In connection with your use of the Service, you are prohibited from using data mining, robots, spiders, scraping, or similar data collection or extraction methods. If we discover you engage in these prohibited methods, we may block you from accessing the Site and Services. You agree not to circumvent us blocking you by masking your IP address, using a proxy IP address, or using other techniques.
All of the technology and software underlying the Service or distributed in connection therewith are the property of Certain, our affiliates and our partners (“Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code. You also agree not to sell, assign, sublicense, or otherwise transfer any right in the Software. Any and all rights not expressly granted herein are reserved by us.
You represent, warrant and agree that no materials of any kind that are submitted through your user account, posted to the Site, or shared through the Services will violate or infringe upon the rights of any third party (including, without limitation, copyright, trademark, privacy, publicity or other personal or proprietary rights) or will contain libelous, defamatory or otherwise unlawful material. You further agree you may not use access and use the Site and Services in any unlawful manner or in any other way that could damage, disable, impair, or jeopardize the Site and Services, including the security of other User Content and user accounts.
You agree to never:
1) Upload, post, transmit, share, store or make available any content that we deem harmful, threatening, unlawful, defamatory, abusive, harassing, obscene, dishonest, hateful, racially, ethnically or otherwise offensive, or invasive of privacy or publicity rights, or that we determine in our sole judgment may restrict or inhibit any other person from using or enjoying the Site or services.
2) Interfere with or disrupt the Site, Services, or Software, or disobey any requirements, policies or regulations of networks connected to the Site and Services.
3) Create more than one user account and register for an account on behalf of another user without authorization to do so.
4) Impersonate any person or entity, falsely state or misrepresent yourself, or misrepresent your age, affiliation with another person or entity, or other information collected through the Services and relied on by us.
5) Upload, post, transmit, share, store or make available any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, or any other form of solicitation.
6) Upload, post, transmit, share, store or make available any private information of any third party, including, without limitation, addresses, telephone numbers, email addresses, social security numbers, credit card numbers, or other personally identifying information.
7) Access personally identifying information of other users without prior written authorization by that user.
8) Solicit personal information from anyone for commercial or unlawful purposes.
9) Upload, post, transmit, share, store or make available any materials containing software viruses or any other malicious computer code, files, or programs designed to interrupt, destroy, limit, or take control of the functionality of any computer software, hardware, or telecommunications equipment.
10) Upload, post, transmit, share, store or make available any content that may constitute, encourage or provide instructions for a criminal offense; violate the rights of any party; other otherwise violate any local, state, national or international law or any treaty or regulations having the force of law.
11) Further, promote, facilitate or assist any criminal activity or enterprise or provide instructional information about illegal activities.
12) Use or attempt to use another user account, service or system without our written authorization, or create a false identity on the Site.
13) Use an account opened in the name of a business, entity, or person for the benefit of a different business, entity, or person.
14) Attempt to obtain or access any materials or information through any means not intentionally made available or provided for through the Site and Services.
15) Represent you are affiliated with Certain in any way without our prior written consent.
16) Use an account or the Site or Services for any unlawful purpose.
17) Intimidate or harass other users.
We work to create an online ecosystem that helps real estate entrepreneurs, lenders, investors, and their partners and communities grow and thrive. If any reasonable person would conclude your behavior hurts us, our intentions, or the Certain community, we ask you to consult us before engaging in potentially questionable or unacceptable behavior through the Site and Services.
You are responsible for the user information, loan application data, messages, photos, notes, text, information, contact details for you or others, and any other content that you upload, publish, provide, or display on the Site or through the Services, or you share with other users (collectively, “User Content”). We may review and remove any User Content in our sole discretionandwithoutnotice. IfwedetermineUserContentviolatestheTermsofUse,wemay immediately suspend or revoke your access to the Site and Services.
By posting User Content, you grant, as well as represent and warrant you have the right to grant, to Certain an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (including the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and distribute such User Content for any purpose, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.
You acknowledge and agree that we may preserve and may also disclose content if required by law to do so or in the good faith believe that such preservation or disclosure is reasonably necessary to comply with laws, regulations, or governmental requests; enforce the Terms of Service; respond to third-party legal claims; or protect the rights, property, or personal safety of Certain, our users, or the public. You understand that processing and transmission of User Content may involve various networks and changes to confirm to technical requirements of connecting networks or devices.
We encourage you to contact us, if you believe any material on the Site infringes upon a copyright you own or control. You may send a written notification to our Designated Agent, as set forth below:
Certain Lending, Inc.
415 Jackson Street, San Francisco, CA 94111
Phone: (415) 723-5677
Fax: (415) 276-2978
If you contact us, to meet the notice restrictions under the Digital Millennium Copyright Act (“DCMA”), your written communication must include:
1) Identification of the copyrighted work allegedly being infringed or, if multiple works are covered, a representative list of such works at the Site;
2) Identification of the Service Content that is claimed to be infringing and should be removed or disabled from the Site or Services;
3) A physical or electronic signature of a person authorized to act on behalf of the owner of each copyright allegedly being infringed.
4) Enough information for us to contact the complaining party, including a mailing address, telephone number, and email address;
5) A statement from the complaining party presenting its good-faith believe use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
6) 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 an owner of an exclusive right that is allegedly infringed.
Repeat Infringer Policy
Consistent with DCMA and other applicable law, we have a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed repeat infringers. We also at our sole discretion limit access to the Site and Services and terminate users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Links to Third Party Content, Services and Internet Sites
Our Services may contain links to other websites, merchandise, and services provided, operated, and owned by third parties (“Third Party Services”). These links to expressly communicate or otherwise imply our endorsement or approval of Third Party Services or any related material, in whole or in part. We do not control Third Party Services and are not responsible for the availability, content, products, services, advertising, or other materials available from Third Party Services. We encourage you to review the privacy policies and terms of Third Party Services, before sharing information and otherwise interacting with Third Party Services, as their privacy policies may provide less security than our Site and Services. All matters concerning Third Party Services are solely between you and the third party. We make no representations or warranties whatsoever with regard to any Third Party Service, and we are not responsible or liable to you for any damages, losses, or injuries of any kind arising out of your use of any Third Party Service.
Consent to Electronic Transactions and Disclosures
We operate mainly on the Internet. As such, you must consent to conduct business with us and receive disclosures electronically. You agree to receive electronically all documents, communications, notices, contracts, and agreements, including any IRS Form 1099, related to your registration as a user, any loan or financing offers you may request or receive from third parties through the Site, and any loans you may receive from us. This consent is formally established when you create a user account by you agreeing to our Electronic Signature and Document Delivery.
Special Notice for International Use
As the term is earlier defined, Software made available in connection with the Site and Services and transmission of applicable data, if any, is subject to United States export controls. You may not download software from the Site or Services or otherwise export or re-export software in violation of U.S. export laws. Downloading or using the Software is done at your sole risk. You agree to comply with all local rules and laws regarding your access to and use of the Site and Services, including as it concerns online behavior and acceptable content.
Cellular Phone Contact Policy
By sharing a telephone number for a mobile device, you are expressly consenting to receive communications from us, our affiliates or agents at that number about any product or service we or they offer. This consent covers a telephone number that you later convert to a mobile device number. Communications include, but are not limited to, prerecorded voice message calls, text messages, and calls made by an automatic telephone dialing system. Your express consent applies to each telephone number that you provide to us now or in the future. Calls and messages may incur fees from your mobile services provider. You may decline to provide or revoke your sent at any time by emailing firstname.lastname@example.org or by any other reasonable communication method.
Promotions and Referral Programs
Promotions and Referral Programs
Unless expressly authorized herein, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes, any portion of the Site or Services, use of the Site or Services, or access to the Site or Services.
Disputes between Users
You are solely responsible for your interactions with other users. We reserve the right to monitor disputes between you and other Users, but are not obligated to do so. If we believe a dispute between users creates a risk to the Site or Services, and the dispute cannot be efficiently and permanently resolved, we reserve the right to restrict those users’ access to the Site and Services or remove those users’ access altogether.
YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON ON AN “AS IS” AND “AS AVAILABLE” BASIS. CERTAIN LENDING, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
We do not guarantee the accuracy of any Service Content, User Content, or Third Party Services. We do not control and are not responsible for what Users post on the Site or in the Services. As such, we are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or Services or with User Content or Third Party Services. We are not responsible for the offline or online conduct of any user of the Site.
We cannot guarantee and do not promise any specific results from use of the Site and Services to obtain a mortgage loan or other real estate financing. These results are a function of activities, events, decisions, and circumstances outside our control, and we cannot promise any financing decision or outcome. When you apply for financing, review offers from lenders, and use us to obtain a mortgage loan or other real estate financing, additional terms and conditions will apply.
The Site and Services may be temporarily unavailable from time to time for planned maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, or unauthorized access to, or alteration of, User communications. We are not responsible for any problems with or malfunctions of any telecommunications infrastructure, computer equipment, or software. This includes injury or damage to users or anyone else related to or resulting from accessing and using the Site and Services. Under no circumstances will we be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Site or Services, any User Content, or Third Party Services, whether online or offline.
We reserve the right to change any and all content contained in the Site and Services at any time and without notice, including, without limitation, discontinuing any portion of the Site or Services. Reference to any products, services, processes or other information, whether by trade name, trademark, manufacturer, supplier, or otherwise, does not constitute or imply our endorsement, sponsorship, recommendation thereof, or affiliation therewith.
Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL CERTAIN LENDING, INC. OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICES OR ANY OF THE SERVICE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SITE, EVEN IF WE ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CERTAIN LENDING FOR THE SERVICES WHILE YOU ARE A USER. IN NO CASE WILL OUR LIABILITY TO YOU EXCEED $1,000.
CERTAIN FEDERAL AND STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PARTICULAR DAMAGES OR LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Governing Law, Venue and Jurisdiction
Arbitration, Waiver of Jury Trial and Class Action Rights
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS EMEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless you and we agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings, based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in paper form.
Please contact us at email@example.com
Last Updated: April 24, 2018