The terms that govern your use of lendlycapital.com and any information or materials made available through it.
These Terms of Use govern your access to and use of lendlycapital.com, operated by Lendly Capital ("Lendly Capital," "we," "us," or "our"). By accessing or using the site, you agree to these Terms of Use and our Privacy Policy. If you do not agree, do not use the site.
You must be at least 18 years old and have legal capacity to use this site. If you use the site on behalf of a company, borrower, brokerage, or other entity, you represent that you have authority to act on its behalf. This site is intended for persons seeking or facilitating business-purpose real estate financing and not for consumer-purpose borrowing.
Nothing on this site is an offer, commitment, or obligation to lend. Loan programs, rates, points, fees, advance rates, leverage, and other terms shown on the site are indicative only, may be incomplete, and may change without notice. All loans are subject to a complete application, satisfactory underwriting, acceptable collateral, clear title, adequate insurance, required documentation, and final approval. No statement on the site or communication concerning an inquiry constitutes a binding commitment to lend. Any binding loan commitment must be contained in a written agreement executed by Lendly Capital as required by its terms.
Lendly Capital makes or arranges loans for business, commercial, or investment purposes only, secured by non-owner-occupied real property. We do not originate consumer-purpose mortgage loans through this site, and no loan offered through this site is intended primarily for personal, family, or household use. Borrowers may be required to certify the business purpose and occupancy status of a transaction.
Lendly Capital makes or arranges loans pursuant to applicable state private lending licenses, including CA DRE License #02066200. Availability of loan programs varies by state, borrower, transaction, and property type. Nothing on this site is an offer or solicitation in a jurisdiction where Lendly Capital is not licensed, exempt, or otherwise permitted to conduct the relevant activity.
You may use this site only for lawful purposes and in accordance with these Terms. You may not:
You represent that information you submit is accurate to the best of your knowledge and that you are authorized to submit it, including information about any borrower, guarantor, principal, or client you represent. Submitting information or an inquiry does not create a lender-borrower, advisory, fiduciary, brokerage, or other special relationship and does not obligate us to evaluate, approve, or fund a transaction. Personal information is handled as described in our Privacy Policy.
When you provide an email address or telephone number in connection with an inquiry or transaction, you authorize us to use those contact details to respond to you and communicate about the inquiry or transaction, subject to applicable law and your communication preferences. Electronic communications may not always be secure. Do not send highly sensitive documents through unprotected email when a secure transmission method is available.
The site and its content, including text, layout, graphics, logos, design elements, and the Lendly Capital name and marks, are owned by or licensed to Lendly Capital and are protected by applicable intellectual property laws. Subject to these Terms, you may view and print site pages for your own lawful business use. No other reproduction, modification, distribution, republication, public display, derivative use, or commercial exploitation is permitted without our prior written consent except as otherwise allowed by law.
The site may contain links to websites or services operated by third parties. We do not control those third parties and are not responsible for their content, availability, security, terms, or privacy practices. A link does not necessarily constitute our endorsement. Your use of a third-party website or service is governed by that third party's terms and policies.
Information on this site is provided for general informational purposes and does not constitute legal, tax, accounting, investment, real estate, or other professional advice. You should consult your own advisors regarding your circumstances and any proposed transaction.
To the fullest extent permitted by law, the site and its content are provided "as is" and "as available," without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, title, accuracy, non-infringement, or availability. We do not warrant that the site will be uninterrupted, error-free, secure, or free of harmful components, or that information on the site will always be complete, current, or accurate.
To the fullest extent permitted by law, Lendly Capital and its officers, directors, employees, agents, and affiliates will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, lost opportunities, lost data, or business interruption, arising from or related to your access to or use of, or inability to use, this site or its content, even if advised of the possibility of such damages.
To the fullest extent permitted by law, the aggregate liability of Lendly Capital and its officers, directors, employees, agents, and affiliates for all claims arising out of or relating to this site, its content, or these Terms will not exceed one hundred U.S. dollars ($100). This limitation applies regardless of the form or theory of the claim. The foregoing limitations do not apply to liability that cannot lawfully be excluded or limited, including to the extent applicable liability arising from fraud, willful injury, or violation of law.
To the extent permitted by law, you agree to defend, indemnify, and hold harmless Lendly Capital and its officers, directors, employees, agents, and affiliates from third-party claims, liabilities, damages, losses, and reasonable costs and expenses, including attorneys' fees, arising from your unlawful or unauthorized use of the site, information you submit without authority, your violation of another person's rights, or your material breach of these Terms.
Please read this section carefully. It affects your legal rights, including your right to have certain disputes decided in court by a judge or jury.
Except for disputes that qualify for small claims court and claims seeking temporary or preliminary injunctive relief to protect intellectual property, confidential information, or prevent unauthorized access to or misuse of the site, any dispute, claim, or controversy arising out of or relating to this site, these Terms, or your use of the site that cannot be resolved informally will be resolved by binding arbitration on an individual basis and not in court. The Federal Arbitration Act will govern the interpretation and enforcement of this arbitration provision.
Before starting arbitration, the party asserting a claim must give the other party written notice describing the nature and basis of the claim and the relief requested and allow at least 30 days for the parties to attempt in good faith to resolve the dispute informally. Notices to Lendly Capital must be sent to the contact information in Section 20 below.
Unless the parties agree otherwise, arbitration will be administered by the American Arbitration Association (AAA) under its applicable rules and will be conducted by a single neutral arbitrator. The arbitrator may award the same individualized remedies that would be available in court to the extent permitted by applicable law. Judgment on the arbitrator's award may be entered in any court having jurisdiction.
Class Action Waiver. To the fullest extent permitted by law, you and Lendly Capital agree that each may bring claims against the other only in an individual capacity and not as a plaintiff, claimant, or class member in any purported class, collective, consolidated, coordinated, or representative proceeding. The arbitrator may not consolidate the claims of more than one person or preside over any form of class, collective, or representative proceeding unless applicable law requires otherwise.
If a court of competent jurisdiction determines that a particular claim or request for relief cannot lawfully be arbitrated or subjected to the class-action waiver, only that claim or request for relief will proceed in court, and the remaining arbitrable claims will remain subject to this Section to the fullest extent permitted by law.
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles, except to the extent the Federal Arbitration Act governs Section 15. For any dispute or claim that is not subject to arbitration under Section 15, and to the extent an exclusive forum provision may lawfully apply, the state and federal courts located in Los Angeles County, California will have exclusive jurisdiction, and you consent to personal jurisdiction and venue in those courts.
We may revise these Terms from time to time by posting an updated version on this page and changing the "Last Updated" date above. Changes apply prospectively from the stated effective date. Your continued use of the site after revised Terms become effective constitutes acceptance of the revised Terms.
If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in effect. Our failure to enforce a provision of these Terms is not a waiver of that provision or of our right to enforce it later.
These Terms and the policies expressly incorporated into them constitute the agreement between you and Lendly Capital concerning use of this website and supersede prior or contemporaneous communications concerning website use. They do not replace or modify any separate loan application, term sheet, commitment, loan document, broker agreement, or other written agreement governing a transaction; if there is a conflict, the applicable transaction document controls with respect to that transaction.
Lendly Capital
26565 Agoura Rd #200, Calabasas, CA 91302
Phone: (818) 818-1179
Email: info@lendlycapital.com
CA DRE License #02066200