TERMS OF SERVICE
This website is operated by DELFIN ONE, LLC (“DELFIN”). Throughout the Sites, the terms “we”, “us” and “our” refer to DELFIN. DELFIN offers our website and mobile application (the “Sites”), including all information, tools and services available from the Sites to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Sites, you engage in our “Services” and you agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Sites, including but not limited to users who are browsers, vendors, customers, merchants, contractors, and/or contributors of content. If you are accessing the Portal on behalf of a development company or other legal entity, you represent that you have authority to bind that entity to these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools that are added to the current Services or Sites shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
PLEASE CAREFULLY READ AND MAKE SURE YOU UNDERSTAND THE “ARBITRATION AND WAIVER OF CLASS ACTIONS” PROVISION SET FORTH IN SECTION 19 OF THESE TERMS OF SERVICE, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ACCESSING OR USING OUR WEBSITE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THE ARBITRATION AND WAIVER OF CLASS ACTIONS PROVISION SET FORTH IN SECTION 19 BELOW.
Nothing in these Terms or your use of the Portal (as defined below) creates an advisory, fiduciary, agency, partnership, or employment relationship between you and Lender (as defined below). Lender’s review of your Project Submissions does not constitute financial, legal, investment, or development advice. You are solely responsible for all decisions related to your development project, including financing strategy, project feasibility, and compliance with applicable laws.
TERMS OF USE
SECTION 1 - TERMS OF USAGE OF SITES
By agreeing to these Terms of Service, you represent you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence.
You may not use the Sites for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your access to and use of the Sites.
Access to Portal
The Delfin One portal (the “Portal”) comprises part of the Services provided by DELFIN, and is operated by the Lender (“Lender”) and provides residential real estate developers and borrowers with tools to submit project profiles, development information, and financing requests for Lender’s internal review and evaluation. The Portal is accessible by invitation only. Access is granted solely at Lender’s discretion and may be revoked at any time.
NO LENDING COMMITMENT
ACCESS TO THE PORTAL AND SUBMISSION OF ANY PROJECT INFORMATION VIA THE PORTAL DOES NOT CONSTITUTE, AND SHALL NOT BE CONSTRUED AS, A LOAN COMMITMENT, LETTER OF INTEREST, TERM SHEET, APPROVAL, OR ANY AGREEMENT BY ANY LENDER TO PROVIDE FINANCING. All lending decisions remain solely at Lender’s discretion and are subject to Lender’s standard underwriting, credit approval, and regulatory compliance processes.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the website through which the Services are provided, without our express written permission. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We do not warrant or guarantee the accuracy, completeness or currency of the information made available on the Sites. The material on the Sites is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Sites is at your own risk.
The Sites may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Sites at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to the Sites.
We expressly disclaim any liability with respect to services provided by any service provider engaged via use of our Services or our Sites (an “Engaged Service Provider”). The sole remedy for any party suffering any damages whatsoever as a result of engagement of any Engaged Service Provider shall be claims at law or equity against such Engaged Service Provider. Other than providing standard background checks for criminal history with respect to any Engaged Service Provider upon such Engaged Service Provider signing up to use our Services or Sites to solicit work, we make no representations as to the accuracy of any information provided by any Engaged Service Provider, and you engage any such Engaged Service Provider of your own accord and at your own risk.
SECTION 4 - MODIFICATIONS TO THE SITES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Services (or part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through our Sites. These products or services may have limited quantities, and we make no representations as to the quality, quantity, or fitness for any particular purpose of any of the goods or services that may be made available via the Sites or Services.
We have made every effort to display and describe as accurately as possible any events, goods or services displayed on or offered by our Sites.
All descriptions of any events, services, products or pricing related thereto are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue or remove any display or offering of any event, service or product at any time. Any offers in connection with any product, event or service made on the Sites is void where prohibited.
SECTION 6 - ACCESS TO SITES; ACCURACY OF ACCOUNT INFORMATION
We reserve the right to refuse or limit services or access to the Sites and any services, products or events listed therein via the Sites to any party at any time.
You agree to provide current, complete and accurate account information on the Sites and in connection with any purchases made arising from your usage of the Sites.
Access to the Portal is provided via invitation from Lender. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify Lender immediately at the Lender’s email if you suspect any unauthorized access. Do not share your credentials with any third party. Lender or Delfin reserves the right to revoke your access at any time, with or without cause.
The Portal is intended solely for use by residential real estate developers, development companies, and their duly authorized representatives in connection with specific development projects under consideration for construction. You must be at least 18 years of age. By using the Portal, you represent that you meet these requirements and that you are acting in a professional or business capacity.
You represent and warrant that you are acting as a principal or duly authorized representative of the development entity and are not acting as, and have not been retained as, an unlicensed mortgage broker, loan broker, or intermediary in connection with your use of the Portal or any financing being sought through it.
By submitting any project information, financial projections, development plans, entitlement data, construction budgets, or other materials through the Portal (“Project Submissions”), you represent and warrant that: (i) All information submitted is accurate, current, complete, and not misleading in any material respect, (ii) You have legal authority to submit such information on behalf of the development entity, (iii) The project described complies, or will comply, with all applicable laws and regulations, including zoning, permitting, environmental, and land use requirements, and (iv) You will promptly update any submitted information that becomes inaccurate or materially changes.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Sites (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
If you have been invited to access this Portal and also access a separate developer dashboard provided directly by the platform technology provider (the “Unified Dashboard”), the following applies to your understanding of that feature:
Your Own Data Only: The Unified Dashboard consolidates only your own project documents, submissions, and materials (PFIs, operating agreements, project plans, financial projections, and similar developer-originated documents) across multiple lender portals you have joined. It does not display any lender data, underwriting information, or lender-side analysis of any kind.
Status Updates: Lender may, at its discretion, push high-level project status updates (such as “Under Review” or “Additional Documents Requested”) to your Unified Dashboard. These communications are informational only. They do not constitute a lending commitment, approval, or decision, and do not disclose any proprietary lender underwriting information.
Separate Governance: Your use of the Unified Dashboard is governed by the separate terms of service of the platform technology provider, not by these Terms. These Terms govern only your use of this the Lender Portal.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Sites or Services may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you send to us. We are and shall be under no obligation (a) to maintain any comments in confidence; (b) to pay compensation for any comments; or (c) to respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, contradicts industry laws and regulations, has not been evaluated by the Food and Drug Administration or Federal Trade Commission, is obscene, or is otherwise objectionable, or violates any party’s intellectual property or other rights or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the Services or the Sites is governed by our Privacy Policy. Please review our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Sites or provided in connection with the Services that contains typographical errors, inaccuracies or omissions that may relate to product or event descriptions, pricing, promotions, offers, dates and availability. Furthermore, there may be incorrect or inaccurate information listed with respect to any individual users or accountholders on our Sites. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Service or the Sites is inaccurate at any time without prior notice.
We undertake no obligation to update, amend, or clarify information provided as part of the Services, the Sites, or on any related website except as required by law. We make no representations as to the accuracy of any information on the Sites or the Services or any related website, and we disclaim any liability with respect to your usage of any such information.
SECTION 12 - PROHIBITED USES
In addition to the other prohibitions set forth in these Terms, you are prohibited from using the Sites or the Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Sites or Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Sites or Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SITES OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES OR SERVICES WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE YOUR ACCESS TO THE SITES OR SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL YOUR ACCESS TO THE SITES OR SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITES OR SERVICES IS AT YOUR SOLE RISK. THE SITES AND SERVICES AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SITES AND SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. IN NO CASE SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SITES OR SERVICES OR ANY EVENTS OR PRODUCTS PROCURED USING THE SITES OR SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITES OR SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITES OR SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITES OR SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
YOU EXPRESSLY DISCLAIM (TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW) DELFIN FROM ANY LIABILITY ARISING IN CONNECTION WITH YOUR CONTRACTING OF ANY SERVICES PROVIDED VIA THE SITES OR SERVICES.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless DELFIN and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, employees, successors and assigns from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of you and us incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Sites or Services.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - WAIVER
No waiver by us of any term, condition or provision set out in these Terms of Service shall be deemed a further or continuing waiver of such term, condition or provision or a waiver of any other term, condition or provision, and our failure to exercise or enforce or delay in exercising and enforcing any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
SECTION 18 - GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
SECTION 19 - ARBITRATION AND WAIVER OF CLASS ACTIONS
YOU AND DELFIN AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY ARBITRATION BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES AND IN ACCORDANCE WITH THE EXPEDITED PROCEDURES IN THOSE RULES.
Judgment on the award of any such arbitration may be entered in any court having jurisdiction. This clause shall not prevent parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
YOU AND DELFIN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND DELFIN AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS WITH YOUR CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
If a court refuses to enforce the waiver of class-wide arbitration, this entire arbitration provision shall be unenforceable and any claims brought on behalf of a putative class will proceed in court.
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION YOU EXPRESSLY WAIVE ANY RIGHT TO A JURY TRIAL, AND ACKNOWLEDGE THIS WAIVER.
You and DELFIN shall maintain the confidential nature of any arbitration proceeding and any award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms and will be final and binding.
In any arbitration arising out of or related to this agreement, there shall be no interrogatories or requests to admit.
IN ANY ARBITRATION ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE ARBITRATOR(S) ARE NOT EMPOWERED TO AWARD PUNITIVE OR EXEMPLARY DAMAGES, EXCEPT WHERE PERMITTED BY STATUTE, AND THE PARTIES WAIVE ANY RIGHT TO RECOVER ANY SUCH DAMAGES. THE ARBITRATOR(S) MAY NOT AWARD ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS.
As stated in Section 18 of these Terms, Florida law governs this entire agreement, but the parties acknowledge that this agreement evidences a transaction involving interstate commerce, and that notwithstanding Section 18, any arbitration conducted pursuant to the terms of this agreement shall be governed by the Federal Arbitration Act.
SECTION 20 - ENTIRE AGREEMENT
These Terms and any policies or operating rules posted by us on the Sites or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 21 - CONTACT
Questions about the Terms of Service should be sent to us at legal@builtinone.com.
You acknowledge and agree that by utilizing the Sites or the Services, you consent to receiving communications from time to time with respect to such Sites or Services from DELFIN.
SECTION 22 - NO TRANSFER OF INTELLECTUAL PROPERTY
NOTHING HEREIN SHALL CONSTITUTE OR GRANT ANY TRANSFER OR LICENSE OF ANY RIGHTS IN OR TO THE DELFIN SITES OR SERVICES, OR ANY INTELLECTUAL PROPERTY COMPRISING ANY PART OF SUCH SITES OR SERVICES. NO TRANSFER OR LICENSE OF INTELLECTUAL PROPERTY IS EFFECTED HEREBY OR BY YOUR USE OF THE SITES OR THE SERVICES EXCEPT AS EXPRESSLY AGREED BETWEEN YOU AND DELFIN PURSUANT TO THE TERMS OF ANY SIGNED WRITTEN AGREEMENT BETWEEN YOU AND DELFIN.
SECTION 23 - USAGE OF INFORMATION YOU SUBMIT
By submitting Project Submissions through the Portal, you grant Lender a non-exclusive, royalty-free license to use, review, analyze, and share internally (with Lender’s employees, officers, advisors, and service providers) the submitted information solely for the purpose of evaluating the project for potential financing. Lender will not share your Project Submissions with unaffiliated third parties except as required by law or as necessary to conduct due diligence (e.g., engaging appraisers, environmental consultants, or legal counsel), in each case subject to confidentiality obligations. Lender is under no obligation to review, respond to, or act upon any Project Submission. Submission of project information does not guarantee that Lender will evaluate, consider, or contact you regarding the project.
As part of Lender’s due diligence process, you may be asked to upload Sensitive Financial Documents through this Portal, which may include: personal financial statements (PFIs); federal and state tax returns; Social Security numbers (SSNs) or Individual Taxpayer Identification Numbers (ITINs); government-issued photo identification; bank statements; credit authorization forms; and entity operating agreements containing personal financial information. Uploading these documents is voluntary, but may be required by Lender to proceed with evaluation of your project for financing.
Sensitive Financial Documents uploaded through this Portal are stored using end-to-end encryption on the underlying platform infrastructure. The platform technology provider’s architecture is designed so that no platform employee can view or access the contents of your Sensitive Financial Documents. Only you and Lender’s authorized underwriting personnel have access. All access to your Sensitive Financial Documents by Lender is logged and audit-trailed. SSNs and ITINs are masked in the Portal interface and never displayed in plain text.
Lender uses your Sensitive Financial Documents solely to evaluate your specific loan request. Lender will not use your Sensitive Financial Documents for any other purpose, including marketing or sharing with unaffiliated third parties for commercial purposes. Lender is bound by applicable banking regulations governing the handling of Non-Public Personal Information (“NPI”), including the Gramm-Leach-Bliley Act (“GLBA”). Lender must maintain appropriate security measures for any Sensitive Financial Documents accessed through this Portal.
You may revoke Lender’s access to your Sensitive Financial Documents at any time through the Portal. You may also request deletion of your Sensitive Financial Documents by contacting the Lender’s email. If you are a California resident, your SSN and tax return data qualify as Sensitive Personal Information under the CPRA, and you have the right to request deletion and to limit our use of this information to purposes strictly necessary for processing your loan request. For privacy-related requests regarding your Sensitive Financial Documents, contact the Lender’s email.
Lender may request that the platform perform a validity check on one or more of your Sensitive Financial Documents (“Document Verification”). Document Verification is a technical process designed to assess whether a document appears authentic and consistent with its stated source. It may be performed using automated tools operated by the Lender’s technology provider or by licensed third-party verification vendors. Document Verification may be requested for: tax returns, government-issued identity documents (driver’s license, passport), personal financial statements, and bank statements.
Document Verification will only be initiated after you have given your explicit consent for each specific document through the Portal. You may decline verification for any document. However, Lender may require verification as a condition of proceeding with your loan review, in which case Lender will inform you of that requirement. Consent given for verification by one lender does not authorize verification by any other lender.
If Lender requests verification of your federal tax returns, this will be done through the IRS Income Verification Express Service (“IRS IVES”). Before any IRS IVES request is made, you will be presented with IRS Form 4506-C (“Request for Transcript of Tax Return”) through the Portal for your signature. The Form 4506-C will specify: the tax years being requested, the authorized recipient, and the purpose of the request. You must sign Form 4506-C before any IRS tax transcript is ordered. You may withdraw your authorization before the transcript is submitted to the IRS. Signing Form 4506-C authorizes the IRS to release official tax transcripts directly to Lender; it does not authorize Lender to make any lending decision.
When a Document Verification check is completed, the result will be made visible to both Lender and to you in your Portal account. Results are indicated as: “Verified” (document appears authentic and consistent), “Unverified” (verification could not be completed), or “Flagged for Review” (document presents inconsistencies requiring further review). A “Flagged” result is a technical indicator only and does not mean you have submitted a fraudulent or false document - inconsistencies may result from document formatting, scan quality, or technical limitations of the verification process. If you believe a verification result is incorrect, you have the right to dispute it by contacting the Lender’s email within sixty (60) days of receiving the result. Your dispute should identify the document, the result you believe is incorrect, and any explanation or supporting information. the Lender will acknowledge your dispute within five (5) business days and will reinvestigate with the verification source within thirty (30) days. You will receive written notice of the outcome. If the result is corrected, the Lender will update its records accordingly. You may also request that the Lender note in your file that a dispute is pending while reinvestigation is underway.
