Terms of Use

These Terms of Use ("Terms") govern your use of lendercapital.co and the Lender Capital platform, including its portals, messaging, calculators, videos and other content (together, the "Platform"). The Platform is operated by Lender Capital LLC, an Arizona limited liability company ("Lender Capital", "we", "us"). By using the Platform you agree to these Terms. If you use it on behalf of an organization, you agree for that organization and confirm you are authorized to do so.

1. Who the Platform is for

The Platform is a business-to-business capital platform for private and hard money lenders and for institutional and accredited capital partners. It is not for consumers or borrowers. Loans on the Platform are business-purpose, first-lien loans secured by real estate; the Platform is not for consumer, owner-occupied or personal loans.

2. How these Terms relate to the signed agreements

Organizations approved to use the Platform sign master agreements on the Platform: lenders sign the Master Placement Agreement and the Joinder to the Master Loan Purchase Agreement; capital partners sign the Capital Partner Platform Agreement and the Master Loan Purchase Agreement. Those agreements govern every loan, fee, commitment, purchase and sale, and each organization's relationship with Lender Capital, including confidentiality, non-circumvention, disclaimers and dispute resolution.

These Terms are not part of those agreements and do not change them. If these Terms and a signed agreement conflict, the signed agreement controls. A change to these Terms never changes a signed agreement.

3. What Lender Capital is, and is not

• Lender Capital is a platform that places whole loans from vetted private lenders with capital partners whose criteria they fit, and lets lenders sell whole loans they already funded to capital partners. Capital partners fund or buy loans through Lender Capital; Lender Capital never lends or buys loans with its own money, does not pool investor money, and does not hold or move funds. Money moves only through the title company, closing attorney or escrow agent handling each closing or sale.
• Lender Capital is not a lender, a fund, a bank, a broker-dealer or an investment adviser. Nothing on the Platform is an offer to sell or a solicitation to buy a security, or investment, legal, tax or accounting advice.
• Information about loans, borrowers and properties comes from the lenders and sellers that submit it. Lender Capital reviews submissions, but does not verify or guarantee them, and does not guarantee, insure or repurchase any loan. Each capital partner makes its own decision after its own review.
• Calculators, examples, articles, videos and the glossary are general information. Examples are hypothetical. Actual terms are set by the parties to each loan.

4. Applications and accounts

• Organizations apply to use the Platform. Lender Capital reviews each application and may approve or decline it, or later suspend or end access, as the signed agreements allow.
• Give accurate, current information, and keep it current.
• Keep your sign-in credentials secret and use only your own account. You are responsible for activity under your account. Tell us at once at legal@lendercapital.co if you think your account has been used without permission.
• Each organization is responsible for the people it authorizes to use the Platform for it.

5. Electronic records and signatures

The Platform is used electronically. Before signing any agreement, you consent to use electronic records and signatures. That consent, shown to every signer, means Lender Capital and other Platform users may provide agreements, notices, disclosures and records to you through the Platform or by email, and that your electronic signature, typed name, initials or click of an "I agree" button is your legally binding signature, with the same effect as a handwritten signature under the federal E-SIGN Act and applicable state law. You can download or print any agreement you sign from your Organization page. You may withdraw your consent by emailing legal@lendercapital.co; that ends your ability to use the Platform but does not affect agreements already signed. To use the Platform you need a current web browser, an email address and the ability to view PDF files.

6. Wire safety

Lender Capital never sends wire instructions and never asks anyone to send money to it. Before sending any funds for a closing or sale, confirm the wire instructions by calling the title company, closing attorney or escrow agent at a phone number you verified independently, such as the official number shown on the Platform for a verified title company. Never rely on wire instructions received by email or message, even if they appear to come from Lender Capital or another party. Do not upload or send bank account or wire details through the Platform; if you do, they are withheld from the stored text and flagged.

7. Acceptable use

You will not:

• use the Platform other than for the business purposes it is offered for, or in violation of any law, including lending, licensing, securities, privacy, anti-money-laundering and sanctions laws;
• submit information you know or should know is false or misleading, or upload files you are not entitled to share;
• use information from the Platform to contact, or do business with, another party's borrowers, capital partners or lenders outside the Platform, except as your signed agreement allows;
• copy, scrape, crawl, harvest or resell Platform content or data, or use it to build a competing service, except that public pages may be indexed by search engines;
• try to access accounts, data or parts of the Platform you are not authorized to access, test or bypass its security, or interfere with its operation;
• upload malware, or anything that infringes another person's rights;
• share Confidential Information (as defined in your signed agreement) with anyone not entitled to it.

8. What you upload

You keep ownership of the information and files you submit. You give Lender Capital permission to host, store, copy, process, display and share them as needed to operate the Platform and perform the signed agreements: for example, to review a submission, to read documents into loan fields, to prepare Deal Summaries and closing documents, and to share a loan file with the capital partners whose criteria it fits and who have signed the Capital Partner Platform Agreement.

Some Platform features use an artificial-intelligence service to read documents, check them and draft text. Sensitive values (Social Security numbers, dates of birth, and bank, card, account and routing numbers) are removed from text before it is sent. Images and scanned pages are sent to that service only after a Lender Capital administrator confirms they hold none of those values. AI output is labeled as such and only suggests: it never approves, declines, commits to or prices a loan, and drafts are reviewed by a person before they are sent to anyone.

You confirm that you have the right to submit what you upload, including any information about borrowers and guarantors, and that you collected it in compliance with the law and any notices or consents it requires.

9. Emails from Lender Capital

We email account holders about their applications, loans, closings and the Platform. Some emails are required to use the Platform; you can turn off optional ones in your email preferences. Lender Capital also emails business contacts at lending and investment firms about the Platform; each such email says how to stop receiving them, and a reply asking us to stop is honored.

10. Lender Capital's content and marks

The Platform, its design, software, text, graphics, videos, calculators and the Lender Capital name and logo belong to Lender Capital or its licensors. You may view and print public pages for your own business use. Any other use needs our written permission. If you send us feedback or ideas, we may use them without obligation to you.

11. Other services and links

The Platform links to and relies on other services (for example, video hosting, email and document storage providers). Lender Capital is not responsible for content or services it does not control, and your use of them may be subject to their own terms.

12. Disclaimers

The Platform and its content are provided "as is" and "as available". To the fullest extent the law allows, and except as a signed agreement says otherwise, Lender Capital disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy and uninterrupted or error-free operation. Lender Capital does not warrant any loan, borrower, property, price, yield or outcome.

13. Limitation of liability

To the fullest extent the law allows, and except as a signed agreement provides otherwise for the matters it governs, Lender Capital will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, data or business opportunities, arising from or relating to the Platform or these Terms, even if advised they were possible. Lender Capital's total liability arising from or relating to your use of the Platform under these Terms will not exceed one hundred dollars ($100). These limits apply to every theory of liability.

14. Indemnity

You will defend, indemnify and hold harmless Lender Capital and its members, managers, employees and agents from claims, losses and costs (including reasonable attorneys' fees) arising from your breach of these Terms, your misuse of the Platform, or information you submit. For organizations with a signed agreement, the indemnity in that agreement applies to the matters it covers.

15. Suspension and ending access

Lender Capital may suspend or end access to the Platform for a breach of these Terms, a security or legal concern, or as a signed agreement allows. Sections 2, 3, 7, 8 (as to what was already shared), 10, 12, 13, 14, 16 and 17 survive.

16. Governing law and disputes

Arizona law governs these Terms, without regard to conflict-of-laws rules. A dispute between Lender Capital and an organization that signed a master agreement is resolved as that agreement provides. Any other dispute arising from or relating to these Terms or the Platform will be resolved by confidential, binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules before one arbitrator in Maricopa County, Arizona; either party may seek emergency or injunctive relief in a court of competent jurisdiction in Maricopa County, Arizona. Claims may be brought only individually, not as a class or representative action. Each party waives any right to a jury trial.

17. Changes to these Terms

Lender Capital may update these Terms by posting a new version with its effective date. For a material change, we will also notify account holders through the Platform or by email at least 30 days before it takes effect. Using the Platform after a change takes effect means you accept it. A change never applies to a signed agreement or to a loan already committed.

18. Contact

Lender Capital LLC, an Arizona limited liability company · 410 N Scottsdale Rd, Tempe, AZ 85288 · legal@lendercapital.co · info@lendercapital.co · (310) 750-8538