Except as otherwise defined herein, the following capitalized terms herein shall have the following meaning:
“Commercial Property” means any real property that is not a 1-4 family dwelling that is intended to be occupied by the owner thereof.
“Loan Listing” means your creation of a loan request on the Site.
“Qualified State” means a state in the U.S. to which we are licensed as a mortgage broker or where such licensing is not required by such state in connection with the brokerage of a mortgage secured by a Commercial Property.
“Site” means www.raisal.com, including any sub-domain thereof.
Registrations and Applications
You agree that any information that you supply in connection with any Loan Listing shall be current, complete, and accurate to the best of your knowledge and belief. We reserve the right to reject any registration and/or decline any Loan Listing except as prohibited by law.
You agree that any Loan Listing that you create using the Site shall only be concerning a Commercial Property.
In connection with your use of the Site, you will be required to create an Account. To create an Account, you must create a unique Username and Password (together, your “Login Credentials”). Your Username must be a valid email address. Your Password must be at least eight (8) characters.
Security of Login Credentials
You are responsible for the security of your Login Credentials. You should not disclose your Login Credentials to any third party. We will never ask you for your Login Credentials. If you should become aware of any unauthorized use of your Login Credentials, please contact us immediately.
Your Content and Information Sharing
a. General Information
Raisal owns and operates the Site. In the operation of the Site, we collect certain information from our Users, including certain Personal Information. We respect and are committed to protecting the privacy of our Users.
b. Identification of Personal Information That We Collect
Personal Information is information that personally identifies you. Personal Information includes your name and contact information, including telephone, address, and e-mail. For Borrowers, such information may, in some cases, also include date-of-birth, social security number, or such other non-public personal information, as well as financial information from a credit report or as provided to us, such as net worth, assets, liabilities, and other such information. It may also include information that identifies a your computer fingerprint, such as an IP address, browser type and version, and statistical data regarding page views on the Site. Personal Information also includes any information that you may provide on the Site or through any document uploaded to the Site. Like many site operators, we collect information that your browser sends whenever you visit our Site (“Log Data”).
c. Use of Personal Information
We do not sell your Personal Information. We use your Personal Information only to verity identify, determine qualifications for a loan, locate potential Lenders to evaluate a loan request, and to otherwise provide the services to which we have been retained to provide. We do not share your telephone and email address with our partners or affiliates, such as Lenders, unless you have authorized. By uploading any document that contains any such information, you are authorizing us to share such information with our affiliates and partners, such as Lenders. We only share your information to our third party service providers only to the extent necessary to provide services to you, such as customer service.
d. Disclosure of Personal Information
We may disclose your Personal Information (a) in response to a legal document that requires disclosure, such as a subpoena, court order, discovery request, or an investigative demand from a law enforcement or other government agency; (b) in furtherance of our establishing, exercising, or defending our legal rights; (c) to defend against a lawsuit, claim, or other legal proceeding; (d) as otherwise required by law; (e) in connection with efforts to counter, prevent, or investigate illegal activity, fraud or other wrongdoing, on in connection with a recovery effort therewith; (f) to enforce the Site’s terms and conditions or other agreements or policies; and (g) as necessary in connection with a corporate transaction (e.g., merger, sale, acquisition, bankruptcy).
e. Cookies and Tracking Technologies
While the security of our User’s Personal Information is of the utmost importance to us, and while we use commercially acceptable means to protect your Personal Information, including Secure Sockets Layer (SSL) software and 256-bit encryption, we cannot guarantee its absolute security.
g. Reporting Compromises of Personal Information
If you believe your Personal Information has been compromised, you should contact us immediately by telephone at 1-855-300-1502 and send us an email to firstname.lastname@example.org with the details. You agree to cooperate with out investigation of any such reported security breaches. We reserve the right to close your account or require changes in login credentials in the event of a security breach.
You authorize us to share and obtain information with and from Lenders through the Site or otherwise, including copies of your credit report, OFAC check documents, loan documents, closing statements, and appraisals. We may use any such appraisal information for our own use and we may share the appraisal information with third parties.
Commercial Brokerage and Agency Engagement
a. Purpose. Raisal provides certain consulting, advisory, and commercial loan brokerage services (the “Services”). By creating an account on the Site, you have engaged Raisal to provide such Services as it relates to certain Property that you owns or may acquire during the term of this Agreement.
b. Agreement to Cooperate. You agree to provide Raisal with such information as Raisal may reasonably request concerning the loan request, including, without limitation, concerning the Property or other collateral and its and/or your financial condition. Information concerning the collateral may include, without limitation, purchase contracts, title policies, title commitments U.S.C. § 1602 or any other federal or state statutes or regulations governing consumer transactions; (d) the terms and conditions of this Agreement and any other document or record executed or delivered by you in connection with any service to be provided hereunder are valid and binding upon you; and( (e) that the information, documents, and other information provided to Raisal is true and correct and to the best of your knowledge; and (f) that your engagement of Raisal is for a legitimate business purpose and in compliance with all applicable laws, regulations, rules, ordinances, and authorities. To the extent you have not yet formed its Business, you represent that the ultimate owner will comply with the aforementioned representation
c. Identity Verification. To help the government fight identity theft, the funding of terrorism and money laundering activities, and to help attempt to verify your identity, Raisal and its Lenders may reasonably request, verify and record information that identifies each borrower or principal thereof, or guarantor, as applicable, and you agree to comply with such requests.
d. Termination. Either party may terminate this Agreement at any time for any reason upon 30-days written notice to the other.
e. Your Responsibilities. You agree to cooperate in all respects as it may relate to the loan request, underwriting, and closing, including, without limitation, by promptly responding to requests and providing information or documents. You agree to promptly review loan request packages and is responsible for its accuracy. If you accept a Term Sheet and/or a Loan Commitment procured by Raisal. You agree to diligently pursue the transaction, and, as applicable, consummate the transaction and close the loan. You are responsible to ensure that any fees due to Raisal are paid at closing.
f. Fees. We do not charge any fees to submit a loan request on the Site or create an account. We do not charge any fees to conduct our initial due diligence or review of the file or for you to upload any documents or files to us. Upon your acceptance of a term sheet or similar letter of intent to finance (collectively “term sheet”), we will collect a $499 processing fee, which fee is refundable if you are denied a loan, less our out of pocket expenses. If a credit report is required in connection with submitting your loan request application, the processing fee will be used to cover the $39 credit check fee. If we are required or wish to obtain an appraisal or other third party report, we will provide you with a detail of such costs for your approval and following such approval, we will collect a deposit from you for the anticipated costs to be incurred, and you shall be refunded at closing for any deposit that is not otherwise used. Unless otherwise set forth in a term sheet, you agree to pay us a fee equal to 100 basis points of the loan amount if we are successful in arranging financing for you (the “Success Fee”). Success Fees are due at closing, are contingent upon the funding of the loan and/or the issuance of a commitment from the lender, and are exclusive of any fees charged by the lender. Success Fees may be referenced as a structuring fee, mortgage banking or broker fee, origination fee, broker points, or similar term. If you should circumvent us and obtain a loan from a Lender introduced by us as it relates to a loan request submitted to us and where we shall have not received a Success Fee, we shall be due a fee of 100 basis points of the loan amount, plus the processing fee. All of the foregoing fees are exclusive of all other fees, costs, and expenses charged by the Lender or third parties, including, without limitation, Lender origination fees, application fees, appraisal costs, closing costs, title expenses, recording fees, taxes, and all other applicable or necessary expenses, and is exclusive of any other remuneration received by Raisal from a Lender as a result of the closing of the loan. Fees due to us may be paid out of the loan proceeds. We may require that payment of any fee be made directly out of the proceeds of the loan and disbursed directly from escrow/closing to us, and you hereby irrevocably appoint Raisal as its limited Attorney-in-Fact for the sole purpose of issuing instructions to the Lender, Escrow or Closing Agent, as applicable, to pay any fee directly to Raisal. This provision shall survive for a period of six months following the last communication between us concerning a loan request submitted by you.
g. No Liability and Release. In no event shall we be liable, and you release us from any claims, if it should fail to obtain a terms or any financing for you, except if such failure should be the result of our gross negligence or willful misconduct. In no event shall we be responsible for any loss, delay, cost, damages, or liability that arises, directly or indirectly, in whole or in part, from (a) your actions or omissions, or those of third parties; (b) your negligence or breach of any agreement with Raisal; (c) any ambiguity, inaccuracy, or omission in any instruction or information provided by you or any third party to us; (d) any failure or delay in the transmission or delivery of data, records, or items; (e) accidents, strikes or labor disputes, civil unrest, fire, flood, water damage (e.g., from fire suppression systems), inclement weather or acts of God; (f) causes beyond Raisal’s reasonable control; (g) the application of any government or funds transfer system rule, guideline, policy, or regulation; (h) the lack of available funds from any Lender to complete a transaction; (i) our inability to confirm to our satisfaction the authority of any person to act on your behalf; or (j) errors or failures resulting from defects in or malfunctions of your computer hardware or software, appraisals, environmental reports, site plans, architectural plans, pro formas, budgets, contracts, leases, rent rolls, proof of insurance or insurance commitments, insurance policies, and surveys. Financial documents may include, without limitation, balance sheets, income statements, personal financial statements, tax returns, financial institution statements, tax documents (W2s, K1s, 1099s, etc.), and pay stubs. To the extent a third party has or holds such information, you authorize Raisal to receive such information from such third parties. You authorize Raisal to exchange such information with prospective Lenders. You authorize Raisal to obtain from any Lender a copy of the closing statement referencing any loan arranged by Raisal and a copy of any third party report, including appraisals, environmental, or property inspection reports. You authorize Raisal to use the data in any such appraisal for its own use and benefit.
h. Credit Verification. Where applicable for a particular loan request, you provides Raisal with authorization to obtain a copy of your credit report from a third party, such as a Lender or other broker. To the extent that we need to pull your credit, we will provide you with a Credit Report Authorization and Release and you agree execute upon request from us.
i. Mutual Terms. We agree to use reasonable commercial efforts to obtain loan offers, but we do not guarantee or warrant that we will obtain loan proposals, letters of intent, offers, term sheets, commitments or that any financing can or will be obtained. Raisal is not a lender, is not acting as a lender, and does not make loans or credit decisions in connection with loans. Raisal does not endorse the products of any particular Lender and you are responsible to rely on your own judgment in deciding which loan product, terms, and/or Lender best suits your needs and financial means. Raisal does not guarantee that the loan terms or rates offered and made available by Lenders are the best terms or lowest rates available in the market. A Lender’s proposal, offer, term sheet, or loan commitment may be subject to certain conditions, including credit verification, underwriting, appraisal, environmental reports, market conditions, or other qualifications. Depending on results of underwriting and other analysis performed by Lenders, the terms of a loan commitment may not necessarily match a proposal or term sheet from such Lender, or the terms of the final loan documents may not necessarily match a loan commitment on account of changes in market conditions or other circumstances. Lenders may reserve the right to make any commitment to lend subject to certain conditions, such as appraisals and environmental reports or payment of loan fees.
j. Representations and Warranties. You represents and warrants that (a) if you are a business or entity or to any affiliate that is a business or entity, that it is duly organized, validly existing, and in good standing in the state or country of its organization; (b) the execution and performance of this Agreement and any other documents or records provided in connection with any service to be provided hereunder is duly and validly authorized by you and, if you are a Business, does not violate your charter or by-laws or any law or regulation; (c) your use of any proceeds of any loan to be procured by Raisal is for business purposes and not for personal, family, or household purposes and that you are not a “consumer” as that term is defined in 15
Any notice provided for or permitted under this Agreement will be treated as having been given when (a) delivered personally, evidenced by a signed receipt, (b) sent by e-mail, (c) sent by commercial overnight courier with written verification of receipt, or (d) mailed postage prepaid by certified or registered mail, return receipt requested, to the party to be notified. Notices to you may be delievered to the address or e-mail address we have on file. Notices to Raisal shall be delivered to 300 Aragon Ave., Suite 205, Coral Gables, FL 33134, with a copy via email to email@example.com. Either party may change the notice address upon prior written notice. Any notice delivered in accordance hereof will be treated as having been received upon the earlier of actual receipt or three (3) days after posting.
Restrictions on Use
You agree to abide by all applicable laws and regulations in your use of the Site and our products and services. In addition, you agree that you will not do any of the following:
(1) register for more than one account, or register for an account on behalf of an individual other than yourself or on behalf of any group or entity, unless you have authority to do so;
(2) post or otherwise make available content, or take any action on the Site, that may constitute libel or slander or that infringes or violates someone else’s rights or is protected by any copyright or trademark, or otherwise violates the law;
(3) post or otherwise make available content that in our judgment is objectionable, such as content that is harmful, threatening, inflammatory, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or otherwise offensive, or which restricts or inhibits any other person from using or enjoying the Site, or which may expose us or our users to any harm or liability of any type;
(4) post or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, or any other form of solicitation, provided that creating a Loan Listing shall not be deemed a violation hereof;
(5) use the information or content on our Site to send unwanted messages to any other user, including Lenders;
(6) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
(7) subject to the authority exception provided above, post or otherwise make publicly available on the Site any personal or financial information of any third party;
(8) solicit personal information from anyone under the age of 18 or solicit Login Credentials or personally identifying information for unlawful purposes;
(9) use the Site or our products and services in any manner that could damage, disable, overburden or impair the Site;
(10) harvest or collect email addresses or other contact information of our users from the Site by electronic or other means, including via the use automated scripts;
(11) post or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
(12) misrepresent any information you post to the Site, including financial information and including as set forth on any document.
Changes and Modifications
We are not responsible for the information practices employed by third party websites linked to or from the Site.
The Site and our products and services are provided “as is” and without any representation or warranty, whether express, implied or statutory. We, our officers, directors, agents, employees, members, managers, and suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. We do not warrant the accuracy, adequacy or completeness of the information provided on the Site and expressly disclaims liability for any errors or omissions in such information. We do not guarantee continuous, uninterrupted or secure access to the Site or any of our Services, and the operation of the Site may be interfered with by numerous factors outside of our control. We cannot guarantee and do not promise any specific results from use of the Site and/or our products and services. Calculators and tools on the Site provide you with estimates that may be different than actual amounts. Although we provide rules for user conduct and content, we do not control nor are we responsible for content posted by any user, including any offensive, inappropriate, obscene, unlawful or otherwise objectionable content. We are not responsible for the conduct, whether online or offline, of any user of the Site or our products or services.
You agree that we may promptly correct any error that we discover, including any error in any Loan Term or calculation thereof. If the error results in your receipt of an incorrect Loan Term, we will notify you and provide you with the correct term. You agree to provide any further assurances or additional consents necessary to correct any such errors.
Limitation of Liability
You agree that your access and use of the Site and its contents, and your use of the products and services is at your own risk. In no event shall we be held liable for any damages, including direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the Site or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if we or our representatives are advised of the possibility of such damages, losses or expenses.
You agree that “raisal.com”, “Raisal”, and all logos, marks, trademarks or other intellectual property (collectively “IP”) that is related to our products and services are our or our licensors’ IP. Our code and software, the content on our Site and in any subdomain thereof, including app.raisal.com, as well as our business models, pricing, lender network, affiliates and partners, and methods by which we provide our products and services are considered proprietary IP. You may not copy, imitate or use any such IP without our prior written consent. In addition, all code, layout, page headers, custom graphics, button icons, and scripts are our service marks, and/or trade dress and you may not copy, imitate, or use them without our prior written consent. All right, title and interest in and to the Site, any content thereon, our products and services, the technology related to our products and services, and any and all technology and any content created or derived from any of the foregoing is our or our or our licensors’ exclusive property.
If you believe that any material on the Site infringes upon any copyright that you own or control, you may send a written notification to us via email at firstname.lastname@example.org, or via regular mail at Raisal Group, LLC, 300 Aragon Ave., Suite 205, Coral Gables, Florida 33154. In your notification please (1) confirm you are the owner, or authorized to act on behalf of the owner, of the copyrighted work that has been infringed; (2) identify the copyrighted work or works you claim has been infringed; (3) identify the material that you claim is infringing or is the subject of infringing activity and that is to be removed; please include information reasonably sufficient to permit us to locate the material; (4) provide your contact details, including an email address; and (5) provide a statement that the information you have provided is accurate and that you have 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.
You agree that your acceptance of these Terms and Conditions may be effectuated through electronic or digital means and that we may obtain and use signatures obtained in digital format and effectuated through electronic means, including, without limitation, by way of software, computer, or handheld device, whether typed or written by use of a mouse, finger, stylus, or otherwise, and same shall be deemed an original signature and shall be fully binding upon you. You further agree that your acceptance may be effectuated by clicking a “check box” and by doing so, shall be fully binding upon you.