IMPORTANT – PLEASE READ BEFORE USING THIS WEBSITE
OWNERSHIP: HMB is owned and operated Hard Money Bankers, LLC
IN NO EVENT WILL HMB BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE MATERIALS OR SERVICES ON THIS SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST HMB WITH RESPECT THIS AGREEMENT OR OUR SITE OUR SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND/OR OUR SERVICES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THUS THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
LOAN PRODUCTS AND SERVICES: HMB is an online marketplace where you can research and find commercial and/or residential loan products through one or more of our third party servicers/lenders. You understand and agree that if you submit a request for a loan product or service offered through a third party service provider on our Site, you will share your personal information (such as your full name, address, telephone number, and social security number) with these service providers to process and fulfill your request. You authorize HMB, in its sole discretion, to use your social security number to obtain your credit score for the purpose of matching your request with these providers. You further authorize the providers that receive your personal information to use your social security number to pull your credit score and credit report for the purpose of processing and fulfilling your request. You acknowledge that HMB does not make loan or credit decisions and that HMB is not a party to any agreement that you may make with these providers, and that these providers are solely responsible for their services to you. You further acknowledge that HMB is not acting as your agent or broker and is not recommending any particular loan product or provider to you. Any compensation HMB may receive is paid by the individual service provider for the products and services rendered by HMB to that particular provider. HMB does not charge you a fee to use the HMB Website. You understand that requirements for a particular loan product are made by the individual service providers and that HMB does not endorse, warrant, or guarantee the products or services of any the service providers. Nothing contained herein shall constitute an offer or promise for a loan commitment or interest rate lock-in agreement.
By submitting your contact request for a loan product, you are consenting to be contacted by one or more service provider either by telephone, email or mail based on the information you have provided to us, even if you have opted into the National Do Not Call List administered by the Federal Trade Commission, any state equivalent Do Not Call List, the Do Not Call List of an internal company. You understand that these providers may maintain the information you submitted to HMB whether you elect to use their services or not. In the event you no longer want to receive communications from a particular service provider, you agree to notify that provider directly. You also give HMB permission to send you periodic updates of current loan products that may be of interest to you.
OTHER PRODUTS/SERVICES: You understand and agree that if you request a product or service other than a loan which is offered through our site, HMB will share your information with certain business partners to process and fulfill your request. You further agree that our business partners may contact you by telephone, email or mail based on the information you have provided to us, even if you have opted into the National Do Not Call List administered by the Federal Trade Commission, any state equivalent Do Not Call List, or the Do Not Call List of an internal company. You understand that HMB business partners may maintain the information you submitted to HMB whether you elect to use their services or not. In the event you no longer want to receive communications from any HMB business partner, you agree to notify the partner directly.
PROPRIETARY RIGHTS/US GOVERNMENT RESTRICTIONS: By accessing this Site and/or our services, you acknowledge and agree that the services provided and any necessary software used in connection with the services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further agree that all materials and/or content, including, but not limited to, articles, artwork, screen shots, graphics, logos, text, drawings and other files on the HMB Website or as part of our services are copyrights, trademarks, service marks, patents or other proprietary rights of HMB or their respective intellectual property owners. Except as expressly authorized by HMB, you agree not to modify, copy, reproduce, sell, distribute or create derivative works based on or contained within the services or the Software, in whole or in part.
HMB grants you a personal, non-transferable and non-exclusive right and license to use the code of its Software on a single computer; provided that you do not copy, modify, create a derivative work of, reserve engineer, decompile, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to our services by any means other than through the interface that is provided by HMB for use in accessing our services.
The materials herein are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq.. Use of the Materials by the Government constitutes acknowledgment of HMB proprietary rights in them.
USER MATERIAL/POSTING: Any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary (“Communications”). HMB will have no obligations with respect to the Communications. HMB and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. You must not (i) submit, transmit or facilitate the distribution of information or content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable; (ii) submit, transmit, promote or distribute information or content that is illegal; (iii) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running our services; (iv) take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) upload invalid data, viruses, worms, or other software agents through our services; (vi) use any robot, spider, scraper or other automated access our services for any purpose without our express written permission; (vii) impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity; (viii) submit, upload, post, email, transmit or otherwise make available any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (ix) interfere with the proper working of our services; or, (x) bypass the measures we may use to prevent or restrict access to our services.
LINKS TO OUR SITE: There may be certain other websites linked to the HMB site. Any sites that are linked to HMB are outside the control of HMB and HMB assumes no responsibility whatsoever for the content, advertising or products of any linked site or any link contained in a linked site. HMB reserves the right to terminate any link or linking program at any time without prior notice. Further, HMB does not endorse companies or products to which it links and reserves the right to note as such on its web pages. If you choose to access any of the sites linked to this Site, you do so entirely at your own risk and expense. You further acknowledge and agree that HMB shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, goods or services available on or through any such website.
APPLICABLE LAW: This Site is operated and controlled by HMB from its offices within the United States of America, in the State of Maryland. HMB makes no warranties or representation that materials in the Site are legal, appropriate or available for use in other locations, and access to them from territories where their content is illegal is expressly prohibited. Those who choose to access this Site from other locations do so on their own initiative, at their own risk and expense, and are solely responsible for compliance with applicable local laws. You may not use or export the materials on this Site in violation of U.S. export laws and regulations. Any claim relating to the Materials shall be governed by the internal substantive laws of United State of America.
This Agreement will be interpreted in accordance with the laws of the State of Maryland, without regard to the conflicts of laws principles thereof.
THE PARTIES AGREE THAT THIS AGREEMENT HAS BEEN ENTERED INTO AT HMB’S PLACE OF BUSINESS IN BALTIMORE COUNTY, STATE OF MARYLAND, AND ANY ARBITRATION, LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE COMMENCED AND TAKE PLACE IN BALTIMORE COUNTY, STATE OF MARYLAND.
TERMS AND CONDITIONS: HMB reserves the right to update, delete, amend or revise these Terms at any time without prior notice by changing this posting. You should visit this page from time-to-time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
HMB, at our sole and exclusive discretion, may provide you with services including, but not restricted to, news and information. You agree to comply with the conditions imposed on your use of the services, as set out in these Terms and Conditions of Access and elsewhere on our Site. Some of these services may be outside our control or provided by a third party, in which case we cannot and do not take responsibility for their content, or for any delays, interruptions or errors in the provisions of these additional services. You are on notice of this fact and use these services at your own risk. Certain data accessible on our services is the intellectual property of the relevant news and information service providers or third parties that provide such data to the relevant service provider, or us. The data is protected by copyright and other intellectual laws and all ownership rights remain with the information service provider or the third party or us, as the case may be. You may only use the data retrieved from our services for your own personal and non-commercial purposes while accessing our services. Such use will be in accordance with these Terms and Conditions of Access and the requirements set out elsewhere on our services. You may not copy, distribute or redistribute the data, including by caching, framing or similar means or sell, resell, re-transmit or otherwise make the data retrieved from our services available in any manner to any third party. The data is provided “as is, where is and with all faults.” Neither HMB nor its employees, agents, vendors, or any third party shall be liable to you or any third party for any loss or damage, direct, indirect or consequential, arising from (i) any inaccuracy or incompleteness in, or delays, interruptions, errors or omissions in the delivery of the data or any other information supplied to you through our services or (ii) any decision made or action taken by you or any third party in reliance upon the data. Nor shall we be liable for loss of business revenues, lost profits, or any punitive, indirect, consequential, special or similar damages whatsoever, whether in contract, tort or otherwise, even if advised of the possibility of such damages incurred by you or any third party. Where the information consists of pricing or performance data, the data contained therein has been obtained from sources believed reliable. Data computations are not guaranteed by any information service provider, third party or us or any affiliates and may not be complete. Neither HMB nor any information service provider or third party give any warranties as to the accuracy, adequacy, quality or fitness, timeless, non-infringement, or title of any information for a particular purpose or use and all such warranties are expressly excluded to the fullest extent that such warranties may be excluded by law. You bear all risk from any use or results of using any information. You are responsible for validating the integrity of any information received over the Internet. Transmission may be subject to arbitrary delays beyond our control, which may delay the provision of our services and the execution of your orders. You acknowledge that neither HMB, any information service provider, nor third party will be liable to you or any third party for any losses arising from such delay. In no event will any information provider, third party or HMB, be liable for any consequential loss including, but not limited to, special, incidental, direct or indirect damages resulting from delay or loss of use of our services. We are not responsible for any damage to your computer, hardware, software, modem, telephone or other property resulting from your use of our services.
INDEMNIFICATION FOR USE: You agree to indemnify and hold HMB, its subsidiaries, affiliates, agents, shareholders, officers, contractors, vendors and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of our Site and related services, the violation of this Agreement by you, or the infringement by you, or any other user of our services using your computer, of any intellectual property or other right of any person or entity. HMB reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
WAIVER/SEVERABILITY: The failure of HMB to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
RELEASE: BY ACCESSING THIS SITE OR THE MATERIALS AND SERVICES ON THIS SITE, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE HMB AND ITS AFFILLIATES, PARTNERS, SERVICE PROVIDERS, VENDORS, AND CONTRCTORS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THIS SITE OR THE MATERIALS AND SERVICES ON THIS SITE.
STATUTE OF LIMITATIONS: YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO USE OF THE SERVICE OR THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.