Terms of Service

1. Acceptance of These Terms

These Terms of Service (“Terms”) constitute an agreement between you and Borrowers Capital LLC (“Borrowers Capital,” “we,” “us” or “our”).

By accessing this website, submitting a form, requesting information or otherwise using our website or services, you acknowledge that you have read and agree to these Terms and our Privacy Policy.

If you are acting on behalf of a company, borrower, broker or other organization, you represent that you have authority to act on its behalf and bind it to these Terms.

If you do not agree with these Terms, do not use the website or submit information through it.

2. Business-Purpose Financing Only

The website and financing programs described through it are intended for business-purpose real estate transactions, generally involving investment, commercial or non-owner-occupied properties.

Borrowers Capital does not use this website to solicit applications for consumer-purpose, owner-occupied residential mortgage loans. You must accurately disclose the intended occupancy and use of any property submitted for review.

3. Role of Borrowers Capital

Borrowers Capital provides access to business-purpose real estate financing through correspondent and private lending channels. Depending on the transaction, Borrowers Capital may act as a correspondent, intermediary, originator, arranger or other financing participant.

A loan may be originated, funded, purchased, assigned or serviced by Borrowers Capital, a correspondent lender, private lender, funding partner or another third party.

Borrowers Capital may receive compensation in connection with arranging, originating or closing a transaction. Additional compensation and fee information may be disclosed in a term sheet, loan documents, broker agreement or other transaction-specific documentation.

4. No Commitment to Lend

Website content, program descriptions, advertisements, examples, preliminary discussions, scenario reviews and form submissions do not constitute:

• A commitment to lend;
• An approval or preapproval;
• A guarantee that financing will be available;
• A lock of any rate, fee, leverage or other loan term;
• A binding term sheet;
• An appraisal or opinion of property value; or
• Legal, tax, accounting or investment advice.

Financing is subject to available programs, borrower and property eligibility, satisfactory documentation, due diligence, valuation, title review, underwriting, funding availability and final approval by the originating lender or funding partner.

No financing commitment exists unless it is expressly stated in a separate written agreement signed by the authorized parties.

5. Program Information and Preliminary Terms

Rates, fees, loan amounts, leverage limits, loan-to-cost ratios, loan-to-value ratios, debt-service requirements, credit standards, experience requirements, property requirements and other terms are subject to change without notice.

Examples presented on the website are illustrative only. Actual terms depend on the complete transaction and may differ materially from website examples or preliminary discussions.

Programs may not be available in every state, for every property type or to every borrower. Additional restrictions may apply.

6. Your Responsibilities

When using the website or submitting a transaction, you agree to:

• Provide accurate, complete and current information;
• Correct promptly any information that becomes inaccurate or incomplete;
• Accurately describe the property’s current and intended occupancy;
• Disclose all material information relevant to the proposed financing;
• Submit only information and documents you are authorized to provide;
• Obtain any authorization required to provide information about another person or entity;
• Independently evaluate the financial, legal and tax consequences of a transaction;
• Protect passwords, links and documents associated with your inquiry; and
• Comply with applicable laws and contractual obligations.

You may not misrepresent property occupancy, borrower experience, ownership, purchase price, renovation costs, available funds, liabilities, income, rental performance or any other material fact.

7. Broker and Third-Party Submissions

A broker, loan originator or other representative submitting a transaction on behalf of another party represents that the representative:

• Has authority to submit the transaction;
• Has obtained any consent required to share the borrower’s, guarantor’s or property owner’s information;
• Will not misrepresent the transaction or Borrowers Capital’s role;
• Is properly licensed or otherwise authorized where required;
• Will comply with applicable advertising, privacy and lending laws; and
• Will independently disclose its own fees, compensation and conflicts as required.

A broker compensation request is not automatically accepted. Compensation must be permitted by the applicable program and agreed to in writing before closing.

Submission of a transaction does not create exclusivity, an agency relationship, partnership, joint venture or employment relationship.

8. Fees and Third-Party Costs

A transaction may involve appraisal, valuation, inspection, title, legal, underwriting, processing, credit-report, background, verification, closing or other third-party costs.

Any fee requirement should be stated in applicable transaction documentation. Unless expressly agreed otherwise in writing, payment of a fee does not guarantee approval, funding or closing.

The treatment or refundability of a fee is governed by the specific written agreement or disclosure associated with that fee.

9. Electronic Communications

By providing your email address or telephone number, you consent to receiving communications related to your inquiry, transaction, requested services or business relationship through email, telephone or text message.

Communications may include requests for documents, transaction updates, program information and responses to your inquiry. Communications may be sent using automated technology where you have provided any consent required by law.

Consent to receive recurring promotional text messages is not a condition of obtaining financing or purchasing any service. Message frequency may vary. Message and data rates may apply.

Reply STOP to opt out of promotional texts and HELP for assistance. You may also contact us at info@borrowerscapital.com or (678) 310-4344.

You are responsible for keeping your contact information current. Standard email and text communications may not be encrypted.

10. Electronic Signatures and Records

You agree that electronic communications, acknowledgments, records and signatures may be used in connection with your website inquiry and, where separately authorized, transaction documentation.

Certain loan or closing documents may require a separate electronic consent or physical signature. These Terms do not require Borrowers Capital or another transaction participant to accept an electronic signature in every circumstance.

11. Permitted Use of the Website

You may use the website only for lawful purposes related to learning about Borrowers Capital or submitting a legitimate business-purpose financing inquiry.

You may not:

• Use the website for fraudulent or unlawful activity;
• Submit false, misleading or unauthorized information;
• Attempt to gain unauthorized access to systems or information;
• Introduce malware, harmful code or disruptive technology;
• Interfere with website performance or security;
• Scrape, harvest or collect information through automated means;
• Impersonate another person or organization;
• Copy or republish substantial website content without permission; or
• Use Borrowers Capital’s name or content in a misleading manner.

12. Intellectual Property

The website and its text, graphics, branding, logos, page layouts, forms, program summaries and other original content are owned by or licensed to Borrowers Capital and are protected by applicable intellectual-property laws.

We grant you a limited, revocable, nonexclusive and nontransferable right to use the website for its intended purpose. No ownership rights are transferred to you.

13. Third-Party Websites and Services

The website may link to or rely on third-party websites, platforms or services. Borrowers Capital does not control and is not responsible for their availability, accuracy, security, content or privacy practices.

A link or integration does not necessarily constitute endorsement. Your use of a third-party service is governed by that party’s own terms and policies.

14. No Professional Advice

Website information is provided for general informational purposes. Borrowers Capital does not provide legal, tax, accounting, appraisal or investment advice through this website.

You should consult qualified professionals and perform your own due diligence before purchasing, renovating, constructing, refinancing or selling a property or entering into a financing transaction.

15. Disclaimer of Warranties

To the fullest extent permitted by law, the website and its content are provided “as is” and “as available,” without warranties of any kind, express or implied.

Borrowers Capital does not warrant that the website will be uninterrupted, error-free, secure or free from harmful components, or that website information will always be complete, current or accurate.

Nothing in this section disclaims obligations that cannot legally be waived.

16. Limitation of Liability

To the fullest extent permitted by law, Borrowers Capital and its owners, officers, employees, contractors and representatives will not be liable for indirect, incidental, special, consequential, exemplary or punitive damages arising from or related to the website, a financing inquiry or reliance on preliminary information.

This includes loss of profits, business opportunities, data, anticipated financing, deposits, contracts or property value, even if the possibility of such loss was communicated.

Nothing in these Terms limits liability that cannot legally be limited.

17. Indemnification

To the extent permitted by law, you agree to defend, indemnify and hold harmless Borrowers Capital and its owners, officers, employees, contractors and representatives from claims, losses, liabilities, damages and reasonable costs arising from:

• Your unlawful or unauthorized use of the website;
• Your material violation of these Terms;
• Information or documents you submit;
• Your violation of another party’s rights; or
• Your fraud, willful misconduct or material misrepresentation.

18. Governing Law and Venue

These Terms are governed by the laws of the State of Georgia, without regard to conflict-of-law principles.

Unless applicable law requires otherwise, any legal proceeding arising specifically from use of this website or these Terms must be brought in a state or federal court with appropriate jurisdiction in Georgia. Transaction-specific agreements may contain separate governing-law, venue or dispute-resolution provisions.

19. Changes to These Terms

We may revise these Terms periodically. Revised Terms will be posted on this page with an updated effective date.

Your continued use of the website after revised Terms become effective constitutes acceptance of those revised Terms. Changes do not retroactively alter a separately signed transaction agreement unless that agreement permits the change.

20. General Provisions

If a provision of these Terms is found unenforceable, the remaining provisions will remain effective. Our failure to enforce a provision is not a waiver of that provision.

These Terms and the Privacy Policy constitute the agreement governing use of the website. Separate term sheets, broker agreements, fee agreements, loan documents and other signed transaction documents govern the applicable financing transaction and control in the event of a conflict concerning that transaction.

21. Contact Us