Online Terms of Use

LAST UPDATED August 2022

Disclaimer

The information on this website has been obtained from sources believed to be reliable. We have not verified it and make no guarantee, warranty, or representation about it. Any projections, opinions, assumptions, or estimates used are for example only, and do not represent the current or future performance of the property. You and your advisors should conduct a careful, independent investigation of the property and loan specifications to determine to your satisfaction the suitability of the property and loan for your needs. Please see our Advertiser Disclosure below.

Terms of Use

This Terms of Use agreement (this “agreement”) is a legal agreement between you and Janover Co., LLC, the owner of this website (“Company,” “we,” “us,” or “our”) providing, among other things, the terms and conditions for your use of our website (the “Website”).

We may from time to time modify these Terms of Use and will post a copy of the amended agreement on the Terms of Use web page. If you do not agree to, or cannot comply with, the agreement as amended, you should not use the Website. You will be deemed to have accepted the agreement as amended if you continue to use the Website after any amendments are posted on the Website. We reserve the right to refuse to provide our products and services to anyone at any time.

This agreement contains warranty and liability disclaimers as well as advertising disclosures. By using this Website, you accept and agree to the terms and conditions of this agreement without any reservations, modifications, additions, or deletions. If you do not agree to the Terms of Use contained in this agreement, you are not authorized to use the Website. You may be denied access to the Website, with or without prior notice to you, if you do not comply with any provision of this agreement.

PRODUCTS AND SERVICES

You understand and agree that Company is not a lender and is not the creditor for or issuer of the products featured on the Website. Any products or services advertised at this site or made available to you after you receive a financial product from an issuer are by and remain the sole responsibility of the respective product vendors and service providers. Company may act as a consultant, broker, or may simply forward you to certain third parties that may offer products or services that you may seek, particularly in the area of commercial, business and multifamily loans.

LOAN REQUEST POLICY

Company is not a lender and does not accept loan applications. It only accepts requests to be connected with lenders and may collect information from your business pertaining to potential loan applications with such third parties. Each lender may use the information you provide on this Website for your application for credit with that lender. Your receipt of an electronic or other form of confirmation that your request has been submitted does not signify any acceptance of your application with your prospective lender, nor does it constitute confirmation of any offer to fund. Company may require additional verifications or information before accepting any request. Company is not responsible for requests on the Website or applications to lenders that cannot be funded or unsuccessful funding applications arising from an applicant’s ineligibility to qualify for the funding opportunity.

1. Authorized users

1.1. Age requirement; authority. In order to use the Website, you must be at least 18 years of age. You represent that:

(i) you are an authorized representative of the company seeking loan assistance;

(ii) you have read, understand, and agree to be bound by, this agreement; and

(ii) you are at least 18 years old.

If you do not agree to, or cannot comply with, any of these terms and conditions of this agreement, please do not attempt to access this Website.

1.2. Registration. We reserve the right to restrict certain areas of information on this Website to our approved registered users. In the event that any area of the Website requires you to register with us prior to our granting you access to such areas of the Website, you agree to provide truthful information, including but not limited to a member name and password as well as your name, address, telephone number, and a valid email address (the “account information”). You agree to provide accurate account information and to update your account information as necessary to keep it accurate.

Company will use your account information in accordance with its privacy policy, which can be found on our Privacy Policy page, as described further in Section 6 of this agreement. You are solely responsible for maintaining the confidentiality of your member name and password. You agree to notify us immediately of any unauthorized use of your member name, password, or account. Company will not be responsible for any losses arising from the unauthorized use of your account, and you agree to indemnify and hold harmless Company, its partners, parents, subsidiaries, agents, affiliates, and/or licensors, as applicable, for any improper, unauthorized, or illegal uses of your account.

2. License to use the site

2.1. Grant of license. Company grants to you a limited, non-exclusive, non-transferable license to access and use the Website in accordance with the terms and conditions set forth in this agreement. Company reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws. Any use of the Website not specifically permitted under this agreement is strictly prohibited.

2.2. Restrictions. You agree that you will not:

(i) use the Website to reproduce, transmit, display, or distribute copyrighted material in any medium or via any method without Company's express written permission;

(ii) copy, store, edit, change, prepare any derivative work of, or alter in any way any of the content provided on this Website; or

(iii) use our Website in any way that violates the terms of this agreement.

The Website is owned by Janover Co., LLC and is protected by United States copyright laws and international treaty provisions. You will not sub-license, assign, or transfer the license granted to you under this agreement. Any attempt to sub-license, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this agreement is void.

3. Other restrictions

You agree that you will not:

(a) impersonate any person or entity, or misrepresent your affiliation with any other person or entity;

(b) engage in spamming, flooding, harvesting of email addresses or other personal information, spidering, screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or any other information, including, specifically, property listings available through the Website;

(c) send chain letters or pyramid schemes via the Website;

(d) attempt to gain unauthorized access to other computer systems through the Website; or

(e) use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website.

4. Copyrights and other intellectual property

4.1. As between you and Company, you acknowledge that Company owns or has a license to all title and copyrights in and to the content provided on this Website, including trademarks. All title and intellectual property rights in and to any licensed content provided on this Website is the property of the respective content owners; and may be protected by applicable copyright, trademark or other intellectual property laws and treaties, and subject to use restrictions under such laws or treaties.

4.2. Photos herein are the property of their respective owners and use of these images without the express written consent of the owner is prohibited.

5. Third-party trademarks

The Website may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to any intellectual property of any third party.

6. Privacy policy

Unless otherwise addressed in this agreement, your use of this Website is subject to Company’s Online Privacy Policy, which is incorporated by reference and made a part of this agreement. It is important that you read and understand the terms of Company’s Online Privacy Policy. Company may cooperate with and disclose information (including your account information) to any authority, government official, or third party, without giving any notice to you, in connection with any investigation, proceeding, or claim arising from an asserted illegal action or infringement whether related or unrelated to your use or misuse of this Website. It may also share your contact information with third parties that may offer goods and services that may be of interest to you.

7. Submissions or other information

If you submit to us or post on the Website any property listing, testimonial, comment, review, suggestion, or any work of authorship (collectively a “submission”), including, without limitation, submissions about any of our products or services, such submission will not be confidential or secret, and may be used by us in any manner. Please do not submit or send any submission to us that you consider contains confidential or proprietary information. No submission sent to us will be considered or treated as confidential information. We do not prescreen submissions, and we will have no obligation to read any particular submission submitted or sent to us. By submitting or sending a submission to us, you:

(i) represent and warrant that the submission is original to you, that no other party has any rights thereto, and that any “moral rights” in such submission have been waived; and

(ii) grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, and assignable and sub-licensable right; and license to use, reproduce, publish, distribute, display, translate, summarize, modify, and adapt such submission (in whole or in part); and/or to incorporate it into other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name.

8. Disclaimers

8.1. The Website (including all of its content) is provided to you “as is.” Any use of this Website is at your own risk. To the maximum extent permitted by applicable law, Company disclaims all warranties, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Company makes no representations, warranties, or guarantees that this site will be free from loss, destruction, damage, corruption, attack, viruses, interference, hacking, or other security intrusion, and Company disclaims any liability relating thereto.

8.2. Company makes no representations, warranties, or guarantees that the use or results of the use of the Website (including all of its content) is or will be accurate, reliable, current, uninterrupted, or without errors. Without prior notice, Company may modify, suspend, or discontinue any aspect or feature of this Website or your use of this Website. If Company elects to modify, suspend, or discontinue the Website, it will not be liable to you or any third party.

8.3. All property listing information which may be contained within this Website is subject to the possibility of errors or omissions; change of price, rental, or other conditions; prior sale, lease, or financing; or withdrawal without notice. Any projections, opinions, assumptions, or estimates contained within this Website are for example only, and such projections, opinions, assumptions, or estimates may not represent the current or future performance of a listed property. You and your tax and legal advisors should conduct your own investigation of any property listed on this Website and of any contemplated transaction concerning any property listed on this Website.

8.4. You acknowledge that your submission of any information to us is at your own risk. Company does not assume any liability to you with regard to any loss or liability relating to such information in any way.

8.5. Some of the content, products, and services available through the Company Website may include materials that belong to third parties. You acknowledge that Company assumes no responsibility for such content, products, or services.

9. Limitation of liability

In no event will Company be liable to you for indirect, general, special, incidental, consequential, exemplary, or other damages (including, without limitation, damages for loss of profits, business interruption, corruption of files, loss of business information, or any other pecuniary loss), even if Company has been advised of the possibility of such damages. No oral or written information or advice given by Company or others will create a warranty, and neither you nor any third party may rely on any such information or advice. Some jurisdictions do not allow the exclusion of implied warranties or limitations, or the exclusion of liability for incidental or consequential damages, so the above exclusions and limitations may or may not apply to you.

10. Indemnity

You will indemnify and hold harmless Company, its directors, officers, employees, affiliates, agents, contractors, and licensors with respect to any suits or claims arising from:

(i) your breach of this agreement, including but not limited to any infringement by you of the copyright or intellectual property rights of any third party; or

(ii) your use or misuse of the Website.

11. General

11.1. You will be responsible for providing the dial-up, DSL, cable modem, or other form of internet access, and any other hardware and software necessary to access and use the Website.

11.2. Company complies with all applicable laws, including but not limited to privacy laws and individual state laws. You agree that you will comply with all such laws applicable to you.

11.3. Company or its business partners may present advertisements or promotional materials on or through the Website. Your dealings with, or participation in promotions of, any third-party advertisers on or through the Website are solely between you and such third parties, and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party materials on the Website.

11.4. If you know of, or suspect, copyright infringement, please send a notice to Janover Co.: hello@janover.co . The notice must contain all of the information set forth in section 512(c)(3)(a) of the U.S. Copyright Act, 17 U.S.C. § 101 et seq.

11.5. This agreement will be governed by the laws of the state of Florida. The exclusive jurisdiction for any claim, action, or dispute with Company, or relating in any way to your use of the Website, will be in the state and federal courts of the state of Florida, and the venue for the adjudication or disposition of any such claim, action, or dispute will be in the county of Palm Beach, Florida.

11.6. Company may send notices to you with respect to your use of the Website by sending an email message to the email address listed in your account information, by sending a letter via U.S. mail to the contact address listed in your account information, or by posting a note on the site when you access your account. You agree that we may provide notice to you through such means. Unless otherwise stated in the notices, the notices will become effective immediately.

11.7. General contact information. For questions regarding this Website or your use of this Website, please email us at hello@janover.co.

You acknowledge that you have read this agreement, understand it, and will be bound by its terms and conditions. You further acknowledge that this agreement represents the complete and exclusive statement of the agreement between us, and that it supersedes any proposal or prior agreement, oral or written, as well as any other communications between us relating to the subject matter of this agreement.

Advertiser Disclosure

Company is not affiliated with any government agency.

Loan offers that appear on this Website or on websites to which we may direct visitors are from companies or affiliates from which Company may receive compensation. This compensation may impact how and when we may direct visitors to particular companies. Company does not include all business and multi-family loan companies or all types of offers available in the marketplace.

We offer a loan connecting service for multifamily, commercial, business and other related loans products. While third parties typically pay for the services that we provide, if you will ever be charged for such services, we will advise you ahead of time and you will be required to separately agree to such an arrangement.  

We promptly send loan requests to a Loan Agent or Affiliate Partner. The Loan Agent or Lender Partner will review this request. If they determine that you may qualify for a particular loan, they then connect you with a specific lender in their network and assist you in submitting your loan application to the lender. The lender you are connected with (if any) will only be disclosed after you submit your request.  

Submitting a request on this Website and submitting the application through a Loan Agent or Affiliate Partner are free to you (unless disclosed and agreed to ahead of time). Your lender will compensate our Loan Agent or Affiliate Partner for acting as a loan agent. Loan Agent or Lender Partner will compensate us for advertising their loan agent and other business loan services. Many factors impact which lender, if any, you may be connected with. How much the lender is willing to pay Loan Agent or Lender Partner may have an impact. Loan Agent or Lender Partner does not have access to all lenders offering loans. However, the loan terms for HUD Loans are always the same no matter what lender you apply with.   

If Loan Agent or Lender Partner determines that you are not eligible for a particular loan, you may receive offers for different types of loans. You are at no obligation to accept any loan offers made to you. Many factors impact which of these lenders, if any, may offer you a loan. How much they are willing to pay may have an impact. Always carefully review the details of loan offers shown to you and compare it with other options.

There is no one-size fits all business or multi-family loan. Rather there are several types that will likely be offered and or discussed with you upon completing your request. The companies to which we may connect you determine the underwriting criteria necessary for approval. You should review each such company’s complete terms and conditions to determine which funding option works for your business’s financial situation. There is never a guarantee your business will be approved for credit or that upon approval your business will qualify for the advertised rates, fees, or terms shown. Lender terms and conditions will apply and all products may not be available in all states. Ask your loan representative for details.

This disclosure is not intended to fully and completely describe all the advertising activities of this Website or of its affiliates and partners.