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TERMS & CONDITIONS

Last updated: December 12, 2025

AGREEMENT TO OUR LEGAL TERMS

We are CommLoan, Inc. (“Company,” “we,” “us,” “our”), a company registered in Arizona, United States at 9112 E. Verde View Drive, Suite 105, Scottsdale, AZ 85255.

We operate the website https://www.commloan.com (the “Site”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”). The Services include access to CommLoan’s proprietary software platform, tools, workflows, and related functionality made available through authenticated user accounts.

You can contact us by phone at 877-566-8734, email at info@commloan.com, or by mail to 9112 E. Verde View Drive, Suite 105, Scottsdale, AZ 85255.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity you represent (“you”), and CommLoan, Inc., concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating that “Last Updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend you print a copy of these Legal Terms for your records.

1. OUR SERVICES

The information provided when using the Services 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 law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services include access to CommLoan’s proprietary technology platform, tools, workflows, data structures, and related functionality designed to facilitate commercial real estate financing processes and connections with third-party capital providers.

CommLoan does not act as a lender, broker-dealer, or investment adviser, and does not guarantee financing outcomes, approvals, rates, terms, or availability. Any decisions made based on information obtained through the Services are made solely at your own discretion and risk.

You are solely responsible for ensuring that your use of the Services complies with all applicable laws, rules, and regulations. CommLoan does not represent or warrant that any user of the Services is licensed, qualified, or authorized under applicable law, and does not verify or monitor user licensing or regulatory status unless expressly stated otherwise in a separate written agreement.

2. INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property

We are the owner or the licensee of all intellectual property rights in the Services, including, without limitation, all source code, object code, databases, data structures, system architecture, workflows, functionality, software, platform logic, website designs, audio, video, text, photographs, graphics, and other materials made available through the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).

The Content and Marks are protected by copyright, trademark, trade secret, and other intellectual property and unfair competition laws and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services “AS IS” and solely for your internal business use of the Services as intended by CommLoan.

Your Use of Our Services

Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to:

  • Access and use the Services; and
  • Download or print a copy of any portion of the Content to which you have properly gained access, solely for your internal business use of the Services in accordance with these Legal Terms.

Except as expressly permitted in this section or elsewhere in these Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any purpose, including any commercial, competitive, or derivative purpose, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as expressly permitted under these Legal Terms, please submit your request to info@commloan.com. If we grant any such permission, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that all copyright and proprietary notices are maintained and visible.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of this INTELLECTUAL PROPERTY RIGHTS section constitutes a material breach of these Legal Terms and will result in the immediate termination of your right to access or use the Services.

Your Submissions

Please review this section and the “PROHIBITED ACTIVITIES” section carefully before using the Services to understand (a) the rights you grant to us and (b) your obligations when providing content or information.

Submissions

By directly sending us any questions, comments, suggestions, ideas, feedback, or other information relating to the Services (collectively, “Submissions”), you agree to assign to us all intellectual property rights in such Submissions. We shall own such Submissions and may use, reproduce, modify, distribute, and otherwise exploit them for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Your Responsibility

By submitting any Submissions through the Services, you represent and warrant that:

  • You have read and agree to comply with the “PROHIBITED ACTIVITIES” section;
  • Your Submissions are not unlawful, defamatory, obscene, abusive, misleading, or otherwise objectionable;
  • To the extent permitted by applicable law, you waive any and all moral rights in your Submissions;
  • Your Submissions are original to you or you have all necessary rights and licenses to submit them and grant the rights described above; and
  • Your Submissions do not constitute confidential or proprietary information of any third party.

You are solely responsible for your Submissions and agree to indemnify and hold us harmless from any losses arising out of your breach of this section, infringement of third-party rights, or violation of applicable law.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit is true, accurate, current, and complete, and you will promptly update such information as necessary; (2) if you are accessing or using the Services on behalf of an entity, you have full legal authority to bind that entity to these legal terms; (3) you have the legal capacity to enter into these Legal Terms and you agree to comply with them; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, including through bots, scripts, scrapers, or similar technologies; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. USER REGISTRATION

You may be required to register and create an account to access certain features of the Services, including CommLoan’s proprietary platform. You agree to keep your account credentials, including your password, confidential and are responsible for all activities that occur under your account, whether authorized by you or not. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. PURCHASES AND PAYMENT

We accept payments through third-party payment processors, including Stripe. Accepted payment methods may include major credit cards such as Visa, Mastercard, and American Express.

You agree to provide current, complete, and accurate purchase and account information for all purchases made through the Services and to promptly update account and payment information, including your email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Applicable sales tax may be added to the price of purchases as required by law. We reserve the right to change pricing at any time. All payments shall be in U.S. dollars.

You agree to pay all charges at the prices then in effect for your purchases, and you authorize us to charge your selected payment method through our payment processor for such amounts. We reserve the right to correct any errors or inaccuracies in pricing, even if we have already requested or received payment.

We reserve the right, in our sole discretion, to refuse, suspend, or terminate access to paid Services, including in cases where we reasonably believe purchases or access are being used for unauthorized, abusive, fraudulent, or competitive purposes.

6. SUBSCRIPTIONS

Billing and Renewal

Your subscription will continue and automatically renew on a recurring basis unless canceled. By purchasing a subscription, you authorize us to charge your selected payment method on a recurring basis without requiring your approval for each recurring charge, until you cancel the applicable subscription. Unless otherwise disclosed at the time of purchase, subscription billing cycles are monthly.

Cancellation

Subscriptions are non-refundable, and no refunds or credits will be provided for partial billing periods. You may cancel your subscription at any time through your account (if available) or by contacting us using the contact information provided below. Your cancellation will take effect at the end of the then-current paid billing period, and you will continue to have access to the subscribed Services until that time.

If you have any questions regarding your subscription or are unsatisfied with the Services, please contact us at info@commloan.com.

Fee Changes

We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

7. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which the Services are made available. The Services may not be used in connection with any commercial endeavor except those expressly authorized by CommLoan.

As a user of the Services, you agree not to:

  • Systematically retrieve data, content, or materials from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our prior written permission.
  • Trick, defraud, or mislead CommLoan or other users, including in any attempt to obtain sensitive account information.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content.
  • Disparage, tarnish, or otherwise harm CommLoan or the Services.
  • Use any information obtained from the Services to harass, abuse, intimidate, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Services in violation of any applicable law or regulation.
  • Engage in unauthorized framing of or linking to the Services.
  • Upload, transmit, or attempt to transmit viruses, Trojan horses, malicious code, or other material that interferes with the operation, security, or performance of the Services.
  • Interfere with, disrupt, or create an undue burden on the Services or the networks connected to the Services.
  • Harass, annoy, intimidate, or threaten any of our employees, contractors, or agents.
  • Attempt to bypass or defeat any measures designed to prevent or restrict access to the Services or any portion thereof.
  • Copy, modify, adapt, translate, or create derivative works of the Services, including any software, code, workflows, logic, or interfaces.
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, data structures, or underlying architecture of the Services, except as expressly permitted by applicable law.
  • Use any automated system, including robots, spiders, scrapers, crawlers, scripts, or similar technologies, to access, extract, or copy any portion of the Services or CommLoan data.
  • Make any unauthorized use of the Services, including collecting usernames or email addresses for unsolicited communications or creating accounts under false pretenses.
  • Use the Services, Content, or outputs derived from the Services for competitive analysis, benchmarking, performance testing, marketing comparisons, or to develop, enhance, or operate a product or service that competes with CommLoan.
  • Publish, disclose, or use any benchmark results, performance statistics, or analysis of the Services without CommLoan’s prior written consent.
  • Sell, sublicense, assign, or otherwise transfer your account or access rights.
  • Use the Services to advertise or offer to sell goods or services not expressly authorized by CommLoan.

Any use of the Services in violation of the foregoing constitutes a material breach of these Legal Terms and may result in suspension or termination of your access to the Services.

8. USER GENERATED CONTRIBUTIONS

The Services do not generally offer public forums or community posting features. However, we may provide you with the ability to submit, upload, transmit, or otherwise provide information, materials, or content to us through the Services, including but not limited to text, documents, data, forms, feedback, comments, images, or other materials (collectively, “Contributions”).

Contributions are provided to CommLoan for purposes related to the operation, support, or improvement of the Services and may be processed in accordance with the Services’ Privacy Policy. Contributions are not intended to be publicly posted or shared with other users unless expressly stated otherwise.

When you submit or make available any Contributions, you represent and warrant that:

  • The creation, submission, and use of your Contributions do not and will not infringe any intellectual property, proprietary, privacy, or other rights of any third party.
  • You are the creator and owner of, or have all necessary rights, licenses, consents, releases, and permissions to submit the Contributions and to grant the rights contemplated by these Legal Terms.
  • Where Contributions include identifiable individuals, you have obtained all necessary consents and permissions to submit such information.
  • Your Contributions are not false, inaccurate, misleading, unlawful, or deceptive.
  • Your Contributions are not unsolicited advertising, promotional materials, spam, or other forms of solicitation.
  • Your Contributions are not obscene, abusive, harassing, defamatory, threatening, intimidating, or otherwise objectionable.
  • Your Contributions do not promote violence, discrimination, or illegal activity.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not otherwise violate these Legal Terms.

Any use of the Services in violation of the foregoing constitutes a material breach of these Legal Terms and may result in suspension or termination of your access to the Services.

9. CONTRIBUTION LICENSE

You agree that CommLoan may access, store, process, and use any information, data, or personal information you provide through the Services in accordance with these Legal Terms, the Privacy Policy, and your applicable settings and choices.

By submitting any suggestions, ideas, feedback, or recommendations regarding the Services (“Feedback”), you agree that CommLoan may use, reproduce, modify, distribute, and otherwise exploit such Feedback for any purpose, commercial or otherwise, without compensation or obligation to you.

Except for Feedback, you retain ownership of your Contributions, including any intellectual property rights therein. However, by submitting Contributions through the Services, you grant CommLoan a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, host, store, reproduce, modify, and process such Contributions solely for purposes related to operating, improving, supporting, and providing the Services.

You are solely responsible for your Contributions and for ensuring that they comply with these Legal Terms and applicable law. CommLoan does not endorse, and shall not be liable for, any statements, representations, or content contained in your Contributions. You agree to release and hold CommLoan harmless from any claims arising out of or related to your Contributions.

10. GUIDELINES FOR REVIEWS

The Services may allow registered users, including originators and lenders, to submit reviews or ratings relating to their professional interactions conducted through the Services. Reviews are intended to reflect individual experiences and opinions and are provided for informational purposes only.

When submitting a review, you agree that: (1) you have firsthand experience with the counterparty you are reviewing through the Services; (2) your review is based on professional conduct or performance and does not include personal attacks; (3) your review does not contain false, misleading, defamatory, or deceptive statements; (4) your review does not include offensive, abusive, hateful, discriminatory, or threatening language; (5) your review does not reference or allege illegal conduct or regulatory violations; (6) you are not submitting reviews in bad faith, for manipulative purposes, or as part of a coordinated campaign intended to distort ratings or harm another user; and (7) your review complies with all applicable laws and these Legal Terms.

CommLoan does not verify, endorse, or guarantee the accuracy of reviews and is not responsible for resolving disputes between users arising from reviews. Reviews do not represent the views of CommLoan or its affiliates, partners, or employees.

We reserve the right, but not the obligation, to monitor, moderate, edit, reject, or remove reviews at our sole discretion, including reviews that violate these Legal Terms or that we determine, in good faith, to be inappropriate or harmful to the integrity of the Services.

By submitting a review, you grant CommLoan a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable license to use, reproduce, modify, display, perform, and distribute such review in connection with the operation, improvement, moderation, and promotion of the Services.

11. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or remove or disable any Contributions, reviews, content, or user accounts, in whole or in part, where we determine such action is necessary to protect the integrity, security, or proper functioning of the Services; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable any files, content, or data that are excessive in size, technically burdensome, or otherwise disruptive to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

12. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://www.commloan.com/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms by reference.

The Services are hosted in the United States. If you access the Services from outside the United States, where laws or regulations governing personal data collection, use, or disclosure may differ from U.S. law, you acknowledge and agree that your information will be transferred to and processed in the United States.

13. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, we reserve the right, in our sole discretion and without notice or liability, to deny, restrict, suspend, or terminate your access to or use of the Services (including blocking certain IP addresses), for any reason or for no reason, including, without limitation, for breach of any representation, warranty, or obligation contained in these Legal Terms, or for violation of applicable law or regulation.

We may terminate or suspend your account, disable access to the Services, and remove or restrict any Contributions, reviews, or content you have submitted at any time, without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you may not register for or access the Services again under your own name, a false or borrowed name, or the name of any third party, even if you are acting on behalf of such third party. Termination or suspension of access to the Services does not relieve you of any payment obligations incurred prior to termination, and subscription billing and cancellation are governed by the Subscriptions section of these Legal Terms.

In addition to terminating or suspending access, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, or injunctive relief.

14. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, suspend, or remove the contents or functionality of the Services at any time or for any reason at our sole discretion, without notice. We have no obligation to update any information made available through the Services, and we will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We do not guarantee that the Services will be available at all times. The Services may be subject to interruptions, delays, errors, or downtime due to maintenance, system failures, third-party dependencies, or other factors beyond our control. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time without notice.

You agree that we shall have no liability for any loss, damage, or inconvenience arising from your inability to access or use the Services during any interruption or discontinuance. Nothing in these Legal Terms shall be construed to obligate us to maintain, support, upgrade, or provide any corrections, updates, or releases for the Services.

15. GOVERNING LAW

These Legal Terms and any dispute arising out of or relating to your use of the Services are governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law principles.

16. DISPUTE RESOLUTION

Binding Arbitration

If the parties are unable to resolve a dispute through informal negotiations, any dispute, claim, or controversy arising out of or relating to these Legal Terms or the Services (each, a “Dispute”), except those expressly excluded below, shall be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT, WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). Where applicable and required by law, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Rules”) shall apply. Arbitration rules are available at the American Arbitration Association website.

Your arbitration fees and your share of arbitrator compensation shall be governed by the applicable AAA rules. If the arbitrator determines that such costs are excessive, CommLoan will pay all arbitration fees and expenses as required by applicable law.

The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator shall issue a written decision, but need not provide a statement of reasons unless requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by applicable AAA rules or law, the arbitration shall take place in Maricopa County, Arizona.

Except as otherwise provided herein, the parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

Court Proceedings

If for any reason a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state or federal courts located in Maricopa County, Arizona, and the parties hereby consent to personal jurisdiction and venue in such courts and waive any defenses of lack of personal jurisdiction or forum non conveniens.

The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are expressly excluded from these Legal Terms.

Time Limitation

In no event shall any Dispute be commenced more than one (1) year after the cause of action arose, regardless of the form of action. If this provision is found to be unenforceable, the applicable Dispute shall be resolved exclusively in the courts specified above.

Restrictions

The parties agree that any arbitration shall be limited to the Dispute between the parties individually. To the fullest extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class-action procedures; and (c) there is no right or authority for any Dispute to be brought in a representative capacity on behalf of the general public or any other persons.

Exceptions to Arbitration

The following Disputes are not subject to binding arbitration: (a) Disputes seeking to enforce or protect intellectual property rights; (b) Disputes arising from allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) claims for injunctive or equitable relief.

If any portion of this section is found to be unenforceable, such Dispute shall be resolved by a court of competent jurisdiction in the courts identified above, and the parties agree to submit to the personal jurisdiction of such courts.

17. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

18. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE SERVICES, ANY CONTENT MADE AVAILABLE THROUGH THE SERVICES, OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR: (1) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR MATERIALS; (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR MALICIOUS CODE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE, CONTENT, OR INFORMATION PROVIDED BY ANY THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY ADVERTISEMENT OR PROMOTIONAL MATERIAL. COMMLOAN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING OR ENFORCING ANY TRANSACTION OR INTERACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS.

YOU ARE SOLELY RESPONSIBLE FOR EXERCISING YOUR OWN JUDGMENT AND CAUTION WHEN USING THE SERVICES OR ENGAGING WITH THIRD PARTIES.

19. LIMITATIONS OF LIABILITY

IN NO EVENT WILL COMMLOAN OR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE LEGAL TERMS, COMMLOAN’S TOTAL LIABILITY TO YOU FOR ANY CLAIM, CAUSE OF ACTION, OR DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMMLOAN DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

CERTAIN U.S. STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. TO THE EXTENT SUCH LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

20. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless CommLoan, its subsidiaries, affiliates, and their respective officers, directors, employees, agents, and partners from and against any and all losses, damages, liabilities, claims, demands, or expenses (including reasonable attorneys’ fees and costs) arising out of or related to: (1) your use of the Services; (2) your breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including intellectual property rights, privacy, or publicity rights; or (5) any harmful, unlawful, or improper conduct toward another user of the Services, including conduct arising from reviews, submissions, or interactions facilitated through the Services.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate fully, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

21. USER DATA

We may maintain certain data, information, and materials that you transmit to or generate through the Services for purposes related to operating, maintaining, and improving the Services, as well as data relating to your use of the Services. While we may perform routine backups of data for internal business continuity purposes, you are solely responsible for maintaining independent copies and backups of all data you submit or generate through the Services. CommLoan does not guarantee data retention, accuracy, or recovery. You agree that CommLoan shall have no liability to you for any loss, corruption, or unavailability of any data, and you hereby waive any right of action against CommLoan arising from any such loss, corruption, or unavailability of data, to the fullest extent permitted by law.

22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, submitting information through the Services, and completing online forms constitute electronic communications. You consent to receive electronic communications from us, and you agree that all agreements, notices, disclosures, billing communications, and other communications that we provide to you electronically, whether via email or through the Services, satisfy any legal requirement that such communications be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SERVICES. You waive any rights or requirements under any applicable laws or regulations that require an original signature or the delivery or retention of non-electronic records, or that require payments or the granting of credits by any means other than electronic means.

23. SMS TEXT MESSAGING

Program Description

By opting into any CommLoan text messaging program, you expressly consent to receive text messages (SMS) from CommLoan at the mobile number you provide. Text messages may include appointment reminders, account notifications, responses to inquiries, service-related alerts, and marketing communications. Message frequency may vary. Message and data rates may apply. Consent to receive SMS messages is not a condition of purchasing any products or services.

Opting Out

If at any time you wish to stop receiving SMS messages from us, simply reply to the text with “STOP.” You may receive a confirmation message acknowledging your opt-out. After this, you will no longer receive SMS messages from CommLoan. If you wish to opt back in, you may sign up again through the applicable enrollment method.

Support

If you have any questions or need assistance regarding our SMS communications, please reply with the keyword HELP. You can also email us at info@commloan.com or call 877-566-8734. If you have any questions regarding privacy, please read our Privacy Policy: https://www.commloan.com/privacy-policy.

24. CALIFORNIA USERS AND RESIDENTS

If you are a California resident and have a complaint that is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

25. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or with respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision.

These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations under these Legal Terms at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision shall be deemed severable and shall not affect the validity or enforceability of any remaining provisions.

Nothing in these Legal Terms creates any joint venture, partnership, employment, or agency relationship between you and us. You agree that these Legal Terms shall not be construed against us by virtue of having drafted them. You hereby waive any defenses based on the electronic form of these Legal Terms or the lack of physical signatures by the parties.

26. NO COMPETITOR ACCESS

You may not access or use the Services if you are a direct or indirect competitor of CommLoan, except with CommLoan’s prior written consent. In addition, you may not access the Service for the purpose of monitoring availability, performance, functionality, pricing, or for any other benchmarking, competitive analysis, or competitive purposes.

27. CONFIDENTIALITY OF PLATFORM FEATURES & DOCUMENTATION

The structure, organization, workflows, interfaces, documentation, and performance of the Services constitute confidential and proprietary information of CommLoan. You may not disclose, copy, reproduce, or use such information for any purpose other than accessing and operating the Services for your internal business needs in accordance with these Legal Terms.

28. OWNERSHIP OF FEEDBACK

If you provide comments, suggestions, ideas, or feedback regarding the Services (“Feedback”), you agree that CommLoan shall own all right, title, and interest in and to such Feedback, and may use, disclose, reproduce, license, distribute, and otherwise exploit such Feedback for any purpose, without restriction or compensation to you.

29. DERIVATIVE PRODUCT PROHIBITION

You may not use the Services to develop, enhance, or operate a product or service that competes with CommLoan. Any such use is strictly prohibited and constitutes a material breach of these Legal Terms.

30. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please contact us at:

CommLoan, Inc.
9112 E. Verde View Drive
Suite 105
Scottsdale, AZ 85255
United States
Phone: 877-566-8734
Email: info@commloan.com