Terms of Service
Welcome to the DrawBridge Lending website. The following Terms of Service (the ToS, Terms of Service, or Terms) govern your access to and use of DrawBridge Lending.com, together with any user, borrower or investor accounts on the website (collectively, Website). All use of the Website and the Content (defined in the Intellectual Property section below) is subject to the ToS.
By applying to use or using the Website, you acknowledge that you have read, understood and agree to comply with the ToS.
If you do not agree with anything contained in the ToS, please do not submit information to, access information from, or otherwise utilize the Website.
In the ToS, users of this Website, including owners, employees, agents and affiliates of any business, corporation, partnership or other entity that is, or is considering becoming, a user, borrower or investor, are referred to as you or your.
DrawBridge Lending, a Delaware LLC, together with its applicable subsidiaries, affiliates, assigns, successors and its and their respective officers, directors, employees and agents are referred to as DrawBridge Lending, we, us or our. Together, you and we may be collectively referred to as Parties.
Modifications to the Terms of Service and the Website
DrawBridge Lending reserves the right to make changes to the ToS at any time. It is your responsibility to review the ToS from time to time to see if modifications have been made. Your continued use of the Website after any modification of the Terms of Service will conclusively indicate that you accept those changes. Notwithstanding the above, we will seek your consent to future modifications to the extent we are required to do so by applicable law.
You acknowledge and agree that the communications between you and DrawBridge Lending are electronic. You consent to receive communications from DrawBridge Lending in an electronic form, including e-mail. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. DrawBridge Lending will use reasonable efforts to honor any request you may have to opt out from receiving e-mails. You hereby confirm and agree that your sole remedy in connection with any e-mail sent by DrawBridge Lending to you or to any of our customers, investors or borrowers shall be to stop your use of the Website. With respect to these Terms, you waive any rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent such waiver is not prohibited under applicable law.
Telephone Consumer Protection Act (TCPA) Consent
You expressly consent to receive marketing and servicing calls and messages, including SMS messages (including text messages) from us, our affiliates, agents and others calling on our behalf, at the telephone number that you have provided above. You acknowledge that your cellular, mobile or other telephone provider will charge you according to the type of plan you carry. You are not required to give this authorization as a condition of purchasing anything from us.
Acceptable Use of the Website; Conditions of Your Use
By using the Website, you agree to (a) the Terms of Service and (b) applicable laws, regulations and generally accepted online business practices. Accordingly, you understand that:
You agree that any information that you provide (about your identity, finances, and relationships) is accurate, correct, and up to date.
You are 18 years of age or older; able to form a binding contract with us; and are acting on your own behalf (and have not been banned, terminated, or otherwise denied access by DrawBridge Lending or the law).
Accessing the information, resources, services, products and tools of this Website by any other means than we provide is strictly prohibited. You specifically agree not to access or tamper with the Website, for any purpose, through any automated, unethical or unconventional means, including accessing or collecting personally identifiable information and/or account information (including user names, passwords, e-mail addresses or other personal, financial or contact information) with respect to DrawBridge Lending users, borrowers, investors, lenders or employees.
Except as explicitly permitted by the ToS, you agree not (and may not allow others) to sell, copy, modify, correct, enhance, create derivative works from, publish, store or in any way distribute or otherwise exploit, including for any purpose competitive to DrawBridge Lending or any commercial purpose any information or any other intellectual property from or on the Website (including the Content (as defined below), any software on the Website and any products or services sold or offered by DrawBridge Lending, collectively, DrawBridge Lending IP).
Without DrawBridge Lending’s prior written consent, you agree not (and may not allow others) to (i) decompile, reverse engineer, convert or otherwise extract or disclose the underlying script, code (whether binary, assembly, source, object, HTML or otherwise) or structure of any DrawBridge Lending IP or (ii) remove or alter authorship attribution or copyright notices or similar information on the Website or any products or materials embodying or containing any DrawBridge Lending IP.
You agree not to violate, interfere with, impair or circumvent the ordinary operation, security, privacy or mission of the Website or DrawBridge Lending’s products, services or data, including overburdening, spamming, engaging in a denial or service attack or similar activities (or attempt to do any of the above).
You agree that you will not transmit to DrawBridge Lending or make available on or upload any information to the Website that: a. Is commercial or promotional in nature (without the prior written authorization of DrawBridge Lending); b. Is unlawful, harmful, deceptive, or otherwise violates the legal rights or privacy of others or capable of giving rise to legal action whether against you or DrawBridge Lending or any affiliate third party; c. Infringes any patent, trademark, trade secret, copyright, or other property rights of any party; d. Impersonates any person or entity (including DrawBridge Lending or its employees and representatives); or e. Contains viruses, malware or any program, code or technology designed to disrupt, intercept, impair or destroy the functionality of the Website or its software, data or network.
DrawBridge Lending reserves the right to edit, restrict or remove any content you provide for any reason at any time. In addition, DrawBridge Lending does not control any information provided by other users that may be made available on or through the Website. Notwithstanding DrawBridge Lending’s rights under the ToS, DrawBridge Lending does not undertake, and shall not be obligated, to monitor the submission of any content to, or the publication of any content on, the Website at any time. DrawBridge Lending reserves the right to refuse service, terminate relationships, and/or cancel orders or transactions in its discretion.
By submitting information, feedback or other material to DrawBridge Lending, if any, including on or through the Website or your DrawBridge Lending Account, you: a. acknowledge that such information is non-confidential, except for any personal financial information; b. grant DrawBridge Lending a perpetual, worldwide, royalty-free, irrevocable, transferable, sublicenseable, fully paid-up right to copy, use, reproduce, modify, adapt, publish, create derivative works from, translate, transmit, display, distribute, market, promote, sell or offer for sale, rent or lease such information or materials or any portions thereof (including any ideas for new products or modifications to existing products) and/or products or services which practice or embody, or are configured for use in practicing, such information or materials or any portion thereof, in any form or medium known or later developed, in furtherance of the terms of the ToS and the actions and transactions contemplated hereby, including the right to bring an action for infringement of these rights; and c. agree that you will have no claim against DrawBridge Lending or any Released Party (as defined below) for any actual or alleged infringement of any proprietary rights, rights of privacy or publicity, moral rights or rights of attribution in connection with our use of any content you provide.
DrawBridge Lending’s Intellectual Property, Copyrights and Identifying Marks
All rights, title, and interest in and to the Website and the Content (as defined below) and any all intellectual property contained therein or relating thereto, including any copyright, patent or trademark, are and will remain the exclusive property of DrawBridge Lending or its licensors, as applicable (except where another person or entity is expressly credited as the provider of such content or data). Such intellectual property is protected by federal and state law and international treaties. You acknowledge and agree that no proprietary rights are being transferred to you in such materials or information, and that you have no intention of using such materials or information inappropriately or to in any way harm DrawBridge Lending or any of its affiliates, directors, officers or employees.
For purposes of the ToS, the Content shall include all contents of the Website, including any logos, identifying marks, images, illustrations, designs, icons, photographs, videos, text and other written and multimedia materials, all of DrawBridge Lending’s loan information (including rate information) and requirements, products, services, advertising materials or collateral, log-in or registration criteria and instructions, help guidelines, user documentation and customer and technical support documents, and the Website’s likeness, look and feel, format, layout, software, code (whether binary, assembly, source, object, HTML or otherwise), routines, scripts, software, platforms and applications, as well as any data, files, archives, folders or downloads available on the Website.
Subject to the terms and conditions of the ToS, we grant you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to use the Website and the Content for personal use, for persons who: a) seek to enter into or have entered into loans; b) invest in our products; c) subscribe to our trading programs; d) seek to or have become lenders,; or e) any person interested in learning more about DrawBridge Lending, its products and services, until such time as the ToS terminate or expire or your right to use or access the Website is terminated in accordance with the ToS.
You acknowledge and agree that any violation of the provisions of the ToS regarding DrawBridge Lending’s Intellectual Property, Copyrights and Identifying Marks and Acceptable Use of the Website; Conditions of Your Use above may subject you to compensatory and punitive damages, and shall specifically also entitle DrawBridge Lending to equitable relief (including an injunction), in addition to (and not in substitution or replacement for) any other available remedies at law or in equity, without the need for the posting of a bond or any other requirement.
No Solicitation or Offering; No Advice
Except as otherwise expressly noted, the Content and the Website do not constitute an offer to buy or sell or a solicitation of an offer to buy or sell investments, loans, securities, partnership interests, commodities or any other financial instruments; the Content and the Website also do not constitute, and may not be used for or in connection with, an offer or solicitation by anyone in any state or jurisdiction in which such an offer or solicitation is not authorized or permitted, or to any person to whom it is unlawful to make such offer or solicitation.
DrawBridge Lending makes no representation or warranty, express or implied, to the extent not prohibited by applicable law, regarding the advisability of investing in securities, funds, partnership interests or other investments or funding or purchasing loans. The past performance of any investment, loan, security, partnership interest, commodity or financial instrument is not a guide to future performance.
WITHOUT LIMITING ANYTHING IN THE TERMS OF SERVICE, DRAWBRIDGE LENDING MAKES NO WARRANTIES AND BEARS NO LIABILITY WITH RESPECT TO ANY FUND, ANY INVESTMENTS, SECURITIES, PARTNERSHIP INTERESTS, LOANS OR THE PERFORMANCE THEREOF.
The Content and the views expressed in the Consent do not necessarily reflect the views of DrawBridge Lending as a whole, its directors, officers, employees, shareholders or any part or member thereof or of any third party. No Content or information on the Website constitutes, or should be construed as, investment, tax, legal, financial or any other advice.
Certain statements in the Website and the Content may constitute forward-looking statements that involve known and unknown risks, uncertainties and other factors that may cause actual returns of funds, investments, securities or loans to be materially different from any future returns or values expressed or implied by such forward-looking statements. Forward-looking statements typically include words such as may, will, expect, believe, plan, expect, anticipate, intend and other similar terminology. These statements reflect current expectations regarding future events and speak only as of the date of being posted to the Website. Forward-looking statements involve significant risks and uncertainties, should not be read as guarantees of future performance or returns, and will not necessarily be accurate indications of whether or not such returns will be achieved. Given these uncertainties and risks, users of the Website, including any person who may or has invested in any offering made by or on behalf of DrawBridge Lending or its subsidiaries or affiliates, are cautioned not to place undue reliance on such forward-looking statements. Forward-looking statements should not be interpreted as advice and is in no way a form of solicitation, offering, or advice for DrawBridge Lending’s loan product. The purpose of these forward-looking statements is merely to further explain our product and marketing use, and should be interpreted as purely speculatory.
A variety of factors could cause the actual results and developments of any fund, investment, security or loan to differ significantly from the results and developments forecasted and implied. Although forward-looking statements contained in the Website, if any, are based upon what DrawBridge Lending and its advisors believe are reasonable assumptions, DrawBridge Lending cannot assure you that actual results, returns or events will be consistent with these forward-looking statements. Forward-looking statements are made as of the date of being posted to the Website, and DrawBridge Lending and its subsidiaries and affiliates assume no obligation, and expressly disclaim any obligation, to update or revise forward-looking statements contained in or incorporated by reference into the Website or the Content or any information supplemental thereto to reflect new information, future events or circumstances or otherwise.
Third-Party Websites and Content
The Website may contain links or connections to third party websites. Any such link or connection is provided only as a convenience, and should be used at your own risk. DrawBridge Lending has no control over any such other websites, the contents thereof or the products, services or policies represented. The existence of any link or other connection does not imply any affiliation, sponsorship, endorsement, approval, investigation, representation, warranty, verification or monitoring by DrawBridge Lending or create any liability on the part of DrawBridge Lending in respect of such link or connection. Please be aware that your use of any such third party websites is governed by the privacy policies of those sites, which we encourage you to review before using such sites.
You and we hereby acknowledge and agree that DrawBridge Lending and the Released Parties shall have no responsibility for any liabilities arising from or related to the contents of any third party website or the use of any such website (including any mobile website) or the privacy policies and customer information practices of any such website.
Termination; Survival of Provisions
Automatic Termination for Non-Compliance: If you are not in full compliance with all of these ToS, the permissions granted to you under these ToS will automatically terminate, and you agree that in such circumstance you will no longer use or access, or be entitled to use or access, the Website, the Content or any account on the Website.
DrawBridge Lending’s Right to Terminate Your Use: DrawBridge Lending may terminate your right to use the Website, or block you from future use, at any time in its sole discretion, with or without cause, and without notice to you. Some circumstances in which DrawBridge Lending may exercise this right to terminate your right to use the Website include: (a) you have breached any provision of the ToS; (b) you have engaged in conduct which DrawBridge Lending, in its sole discretion, considers to be unacceptable; (c) DrawBridge Lending is required by law to do so; or (d) DrawBridge Lending no longer provides the Website. The above are only examples of circumstances in which DrawBridge Lending may terminate your right to use the Website and DrawBridge Lending may terminate your right to use the Website for any other reason in its sole discretion. You agree that we shall not be liable to you due to or by reason of our termination of your right to use the Website or the automatic termination of your right to use the Website for non-compliance set forth above.
Voluntary Termination by You: If you want to terminate your legal agreement with DrawBridge Lending under or consisting of these Terms of Service, you may do so by: (a) notifying DrawBridge Lending at firstname.lastname@example.org or using the form on our Contact Page, or (b) closing your account by following the procedures on the DrawBridge Lending website. You acknowledge that any legal obligations you may have under any other agreement with DrawBridge Lending (including any loan agreement or agreement governing lending or investing in DrawBridge Lending or its affiliates) will not be affected in any way by the termination of the ToS and any such other agreement between you and DrawBridge Lending will continue to be in effect in accordance with its terms.
Survival of Provisions: Your obligations and the disclaimers and provisions relating to (i) Our Intellectual Property, Copyrights and Identifying Marks, (ii) Disclaimer of Warranties; Limitation of Liability, (iii) Indemnification, (iv) Use and Access Outside the United States and (v) the General terms will survive any termination or expiration of the ToS for any reason.
DrawBridge Lending’s Remedies
Without prejudice to DrawBridge Lending’s other rights under the ToS, if you breach the ToS in any way, DrawBridge Lending may take such action as DrawBridge Lending deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your Internet service or other telecommunications provider to request that it block your access to the Website and/or bringing court proceedings or taking other legal action against you. You acknowledge and agree that if you violate the ToS, DrawBridge Lending will be entitled, at any time, to bring an action or proceeding for specific performance, injunctive relief or other equitable relief in addition to (and not to the exclusion of or in substitution for) any other remedies at law or in equity.
Your Use and Access Outside of the United States
We make no claims that the Website or the Content are appropriate for or may be downloaded or accessed outside of the United States. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the applicable laws of the country or jurisdiction where you may be located. You may not use or export any content of the Website in violation of U.S. export laws and regulations or any other U.S. or foreign federal, state or local statute, rule or regulation. The Content is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. DrawBridge Lending makes no representations that the Content is appropriate for use in all locations, or that the transactions, products, loans, financial instruments or services indicated or discussed on the Website are available or appropriate for sale or use in all jurisdictions, or countries or by all investors or counterparties.
You agree not to: (i) make any representations, warranties or guarantees on DrawBridge Lending’s behalf or with respect to the Website or any content or data contained on the Website; (ii) make any false or misleading representations with regard to DrawBridge Lending or the Website or any content or data contained on the Website; or (iii) participate or engage in any illegal, deceptive, misleading, fraudulent, unethical or improper practices on, through, by means of or with respect to the Website.
You acknowledge and agree that you may not assign, delegate, sub-contract or otherwise transfer your rights and/or obligations under the ToS. DrawBridge Lending may transfer, assign, delegate, sub-contract or otherwise transfer its rights and/or obligations under the ToS without notifying you or obtaining your consent.
Choice of Law; Forum for Disputes
The ToS and all disputes, claims or controversies (whether in tort, contract or otherwise) arising out of or relating in any way to the ToS, the Website or the Content, the negotiation, interpretation, validity or performance of the ToS, the rights and obligations of you and us hereunder or any transaction contemplated by the Website shall be governed by and construed in accordance with the laws of the State of Illinois without regard to the rules or principles of conflict of laws of such State or any other jurisdiction that would permit or require the application of the laws of any other jurisdiction. We and you each hereby irrevocably and unconditionally consent to submit to the sole and exclusive jurisdiction of the courts of the State of Illinois and of the United States of America located in the State of Illinois, City of Illinois, 222 N LaSalle Street, Chicago, IL 60601 (the Illinois Courts) for any litigation, lawsuit or proceeding between you and us arising out of or relating in any way to the ToS (including any non-contractual claims), the Website or the Content, the negotiation, interpretation, validity or performance of the ToS, the rights and obligations of you and us hereunder or any transaction contemplated by the Website.
You and we each waive any objection to the laying of venue of any such litigation in the Illinois Courts and agree not to plead or claim in any Illinois Court that such litigation brought therein has been brought in an inconvenient forum or that there are indispensable parties to such litigation that are not subject to the jurisdiction of the Illinois Courts. You and we each hereby irrevocably waive any and all rights which you or we, respectively, may have, or may have had, to bring such litigation in or before any other court or tribunal (whether domestic or foreign), or before any similar domestic or foreign authority or body, and agree not to claim or plead any such rights.
WAIVER OF JURY TRIAL
WE AND YOU EACH HEREBY AGREE TO IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT WE OR YOU, RESPECTIVELY, MAY HAVE TO A JURY TRIAL IN RESPECT OF ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE AND ANY COUNTERCLAIM THEREIN. EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT SUCH PARTY HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER AND MAKES THIS WAIVER VOLUNTARILY.
Class Action Waiver
YOU AND WE AGREE THAT THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT, HEARD, OR ARBITRATED AS A CLASS ACTION (INCLUDING WITHOUT LIMITATION OPT OUT CLASS ACTIONS OR OPT IN COLLECTIVE CLASS ACTIONS), OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY ON BEHALF OF A CLASS OF PERSONS OR THE GENERAL PUBLIC. ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY.
Questions or Comments Our Contact Information
If there are any questions regarding our Terms of Service you may contact us using the following information:
Chicago, IL 60604