Disclosures

Disclosures

INTRODUCTION

Thank you for using www.mofinloans.com (“Website” or “Site”), our services, and network (including any new features or applications) (collectively the “Service”), owned and operated by MoFin Lending Corp., a Delaware corporation (“MoFin” “we” or “us”). By using this Website you hereby agree to adhere to, and be bound by, these Terms of Use, so please read them carefully.

Please note, regardless of whether you have created an account as a borrower, broker, investor, or any other type, and regardless of whether you have applied for one of our loans, products, or services, you signify that you have read, understand, and agree to be bound by these Terms of Use (as they may be amended from time to time). If you do not wish to be bound by these Terms of Use, you should not access or make use of this Website. For the purposes of these Terms of Use, the term “you” includes you and any of your agents (such as a mortgage broker using the Service and acting on your behalf), and any principal (such as an LLC or other entity) on whose behalf you are acting when accessing the Site. If you are accessing the Website, or applying for our products or Services on behalf of an LLC, partnership, trust, corporation, or other person or entity, you represent that you have full legal authority to agree to our Terms of Use on behalf of the entity and that your use of the Website shall constitute the person or entity’s agreement.

In addition to these Terms of Use, you may enter into other agreements with us or other third parties that will govern your use of the Service or related services offered by us or others. If there is any contradiction between these Terms of Use and another written agreement that you may enter into applicable to specific aspects of the Service, the other written agreement shall take precedence in relation to the specific aspects of the Service to which it applies.

In addition, when using certain Services, you will be subject to any additional terms applicable to such Services that may be posted on the Website from time to time, including, without limitations, the Privacy Policy. All such terms are hereby incorporated by reference into these Terms of Use.

You agree not to impersonate any person or entity or falsely state or otherwise misrepresent your identify or affiliation with a person or entity. You represent and warrant that you possess the legal right and ability to enter into these Terms of Use and to use the Website and/or Service in accordance with these Terms of Use. Unauthorized use of this Website, including but not limited to unauthorized entry into MoFin’s systems, misuse of passwords, or misuse of any information posted on a site, is strictly prohibited.

Please note, you are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

1. ELIGIBILITY

This Website is intended solely for users who are 18 years of age or older, and any registration or use of the Website by anyone under 18 is unauthorized and in violation of these Terms of Use. By using the Website, you represent you are 18 or older and that you agree to abide by all of the terms and conditions of these Terms of Use. If you violate any of these Terms of Use, or violate any other agreement with us, we may terminate your registration, delete your loan application, and delete your user profile, any content or information that you have posted on the Website or Service and/or prohibit you from using or accessing our products and services or the Website in general. You agree that we will not be liable to you or any third party for any termination of your account.

2. ACCOUNT

You may be required to create an account to use certain parts of the Website. When you create an account, you may be required to pick a username or use your e-mail address and create a unique, secure password. You may not disclose your username, the e-mail you use to log in, or your password to any third party. If you learn of any unauthorized use of your password or account, please contact us immediately.

3. INVESTOR MEMBERS: SECURITIES MATTERS

Notwithstanding anything to the contrary in these Terms of Use, in no event shall anything in these Terms of Use be deemed to be a waiver, and we will not assert there has been a waiver, that would not be permissible under Section 14 of the Securities Act of 1933, Section 29(a) of the Securities Exchange Act of 1934, or any other applicable provision of federal and state securities laws.

4. PRIVACY

Your privacy is very important to us. Our Privacy Policy explains how we treat your personal information and protect your privacy when you use our Website. We will not share or sell any of your information with any third party, except as specifically described in our Privacy Policy.

5. INFORMATION SHARING AND SOCIAL FEATURES

You are solely responsible for the content that you may upload, which may include messages, text, information, contact information of your own or others, profiles, photos, or other content that you publish, provide or display (“post”) on or through the Website and/or Service, or transit to or share with other users (collectively “User Content”). You understand and agree that we may, to our discretion, review and delete or remove, without notice, any User Content, including without limitation, User Content that in our sole discretion: (i) violates these Terms of Use, (ii) might be offensive or illegal, (iii) might violate the rights of users or others, (iv) might be false or incorrect, or (v) might be unfavorable to MoFin.

You may have the opportunity to share information or content on the Website, including but not limited to your name, email address, and any other information that you provide, with other users of the Website or third party vendors. By posting User Content to any part of the Service or Website, you automatically grant, and represent and warrant, that you have the right to grant to MoFin, an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt and distribute such User Content for any purpose, to prepare derivative works of, or incorporate into other works, such User Content and do in fact grant and authorize sublicenses of the foregoing to MoFin. If you at any time elect to remove your User Content, the license granted above will not expire. By posting and/or sharing such information or content on the Website, you expressly agree to all of the following:

  1. You grant MoFin a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any information or content that you provide on or in connection with your use of the Website and our Services, subject to the privacy provisions described in our Privacy Policy.
  2. You understand that deleted content or information may continue to exist on our servers or in backup copies that we maintain for our own use.
  3. We have the absolute right to review, delete, edit, modify, reformat, excerpt, or translate any of your information or content.
  4. You are solely responsible for the content and information you make available through, or in connection with, our products and services.
  5. You will not post content or take any action on the Website that may constitute libel or slander, infringes or violates someone else’s rights, or infringes any right protected by any copyright or trademark, or otherwise violates the law.
  6. Content and information that you share may be available to other users of our Website. You understand that such third parties may access, use, store, and transfer such content and information to associate it with you.
  7. You agree you will not use the Website for your own commercial gain or commercial purposes.
  8. We may remove any content or information that you share on the Website for any reason.
  9. You agree that you will not use any device, software, or User Content to interfere or attempt to interfere with the proper working of the website or any transaction being conducted on or through our Website.
  10. All the information and content posted on the Website or privately transmitted through the Website or via other means in connection with our services is the sole responsibility of the person from which that content originated. We will not be responsible for any errors or omissions in any information or content posted by a user.

Some users may be authorized to review personal information (including credit data) and property data posted by other users on the Service. If you have such authorization to review personal information of other users, you are not authorized to disclose or otherwise use such information for any purpose other than assessing the creditworthiness of other users and potential loans.

Please note that you acknowledge and agree that we may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws, or governmental requests; (ii) enforce these Terms of Use; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of MoFin, its users, or the public. You understand that the technical processing and transmission of the Service, including your content, may involve transmissions over various networks and changes to conform and adapt technical requirements of connecting networks or devices.

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