TERMS AND CONDITIONS

This agreement between you and commercialloandirect.com consists of the following standard Terms and Conditions. Commercial Loan Direct (“CLD or “we” or “our”) provides and maintains www.commercialloandirect.com “the Site” for your information, conditioned on your acceptance, without modification, of the terms, conditions and notices contained in these Terms and Conditions. By accessing and using the site, you accept and agree, without limitation, to the following:

PRODUCTS AND SERVICES

You understand and agree that the Site functions as an informational website only and that CLD is not a direct lender, creditor, or issuer of the products featured on the Site. Any lending products displayed on this site or made available to you are the sole responsibility of the respective lenders and service providers. Any information regarding loan product features, rates, or indexes

APPLICATION ACCEPTANCE POLICY

Our receipt of an electronic application or any other form of communication from you or your receipt of a confirmation of that communication from CLD does not signify an acceptance of your request, nor does it constitute a commitment to l end. CLD reserves the right at any time after receipt of your application to accept or decline your application for any reason. CLD may require additional verification or information before accepting any application request. CLD is not responsible for applications that cannot be funded or unsuccessful funding applications, whether arising from an applicant’s ineligibility to qualify for the funding opportunity or for any other reason whatsoever.

RESTRICTIONS

You must be 18 years or older to use the Site. You agree not to use this Site or any content contained in it for any illegal or inappropriate activities.

COMPLIANCE WITH LAWS

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and use of the services that CLD provides. CLD may, in its sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities. If CLD becomes aware, through a complaint or otherwise, of any potential or suspected violation of these Terms and Conditions, of it’s online agreement (“Online Agreement”), or of its privacy policy (“Privacy Policy”), CLD may (but is not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation CLD may suspend services to you and/or remove material from CLD’s servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Terms and Conditions, Online Agreement, or Privacy Policy could be subject to criminal or civil penalties.

INTELLECTUAL PROPERTY

All content, trademarks, titles, characters, trade names, graphics, designs and other properties, including all software, text and images appearing on this site are protected intellectual properties owned by CLD, its licensees, or other third parties who have authorized use of such properties on the Site.

CLD grants you permission to view and make copies of documents, pages, images or other materials or content on this site for your non-commercial, personal use. CLD reserves all other rights in this web site and its contents. You may not distribute, display, transmit or disseminate any such documents, pages, images, materials or content without the prior written consent of CLD. Except as expressly provided on this site, nothing contained on this site shall be construed as conferring any right or license under any trademark, copyright or other intellectual property right.

LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES

CLD uses reasonable efforts to ensure that the information on this site is accurate, but cannot guarantee such accuracy. CLD makes no representations regarding the use or results of any content on the Site as to its accuracy, reliability or any other matter. Content displayed in this website is informational and does not represent a commitment to lend. Neither CLD nor any of its affiliates are liable for any information, rate, or data entry errors that might affect the displayed content on the Site. Commercial loan rates and program details may change at any time and without notice.

NEITHER CLD NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS SITE. EVERYTHING ON THIS SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. These exclusions and limitations are applied to the fullest extent permitted by law.

THIRD PARTY CONTENT

The Site may contain links to sites maintained by affiliated or third parties. CLD is not responsible for the content or privacy policies of those sites, and the existence of such links should not be considered an endorsement or recommendation of those sites or of any product or service offered on those sites or of any party that is associated with those sites.

PRIVACY

The Privacy Policy, which is incorporated herein by reference, is applicable to any data supplied through the Site in accordance with the Privacy Policy available at https://www.commercialloandirect.com/privacy.html. The Privacy Policy sets out your rights and our responsibilities with regard to your personal information. CLD will not use your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy. You agree that CLD, in its sole discretion, may modify the Privacy Policy, and you further agree that, by using the Site after such modifications become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you will terminate use of the Site.

SECURITY

CLD utilizes secure technology to protect your personal information. Although CLD has taken reasonable measures to provide for the security of information that you submit to the Site, CLD cannot guarantee that this information will not be intercepted or decrypted by others. CLD accepts no responsibility for such interception or decryption nor use of that information thereafter.

SITE USE

CLD is not your agent, nor is it the agent of any of the Lenders or programs listed on the Site. CLD may receive compensation for programs or services offered through this website if you, in your own discretion, decide to use such program or service. Other companies or websites may show links to the Site either with or without our permission, but CLD does not bare any liability for the action or inaction of the referring websites.

LAW AND VENUE

You agree that any legal action brought against us shall be governed by the laws of the State of Georgia, without regard to conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the Site shall be heard in Atlanta, Georgia. CLD makes no representations that the content in the Site is appropriate for access or use outside the United States. Those who choose to access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws. If any provision within these Terms Conditions is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.

MODIFICATION

CLD reserves the right to modify these Terms and Conditions at any time in its sole discretion. Your use of the Site after such a modification will constitute your acceptance of, and your agreement to, any new or amended terms and conditions without a formal notification thereof.

INDEMNIFICATION

By using the Site, you agree to indemnify and hold CLD, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use or attempted use of the Site, including providing a link to another site or uploading any content to the Site.

VIOLATION OF THE TERMS OF USE

By using the Site, you understand and agree that CLD, at its sole discretion and without prior notice, may terminate your access to the Site and to any services offered on the Site, and may remove any content you have provided if CLD believes that such content violates or is inconsistent with these Terms and Conditions, the Privacy Policy, the Online Agreement or their individual or collective intent; this includes if we have determined that your conduct is disruptive, you have violated the law, or you have violated the rights of CLD or another user of the Site.

MISCELLANEOUS

All rights not expressly granted are reserved to CLD. The headings used in these Terms and Conditions are intended for convenience only, and shall not affect the construction and interpretation hereof or thereof. A party’s failure to insist upon or enforce strict performance of any provision of the Terms and Conditions shall not be construed as a waiver of such or any future provision or right. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such determination shall not affect such provision in any other respect or any other provision of these Terms and Conditions, which shall remain in full force and effect. These Terms and Conditions, the Privacy Policy, and the Online Agreement constitute the entire agreement and understanding between you and CLD with respect to the subject matter contained herein and therein and supersedes and replaces any and all prior written or oral agreements related to the subject matter hereof.

CONTACT INFORMATION

For any questions regarding these Terms and Conditions, please feel free to contact us at: [email protected]