Website Terms of Use

Last Modified: March 14, 2018

Acceptance of the Terms of Use

These terms of use are entered into by and between you and BankerShare Solutions Group, LLC d/b/a Commercial Loan Success or CLS ("Company", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of commercialloansuccess.com, including any content, functionality and services offered on or through commercialloansuccess.com (the "Website”).

THE WEBSITE IS SOLELY FOR INFORMATIONAL AND EDUCATIONAL USE BY COMMERCIAL USERS ONLY. YOU ARE NOT PERMITTED TO ACCESS OR USE THE WEBSITE OR ANY CONTENTS ON THE WEBSITE IF:

  • YOU ARE A MORTGAGE BROKER, FINANCING BROKER AND/OR ANYONE WHO ARRANGES FINANCING FOR COMPENSATION OR REMUNERATION OF ANY KIND (OR YOU ARE OTHERWISE ASSOCIATED WITH ANY OF THOSE TYPES OF ENTITIES); OR
  • YOU ARE A CONSUMER, WHICH MEANS YOU INTEND TO USE THE WEBSITE PRIMARILY FOR PERSONAL, HOUSEHOLD OR FAMILY PURPOSES RATHER THAN COMMERCIAL PURPOSES.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at http://www.commercialloansuccess.com/privacypolicy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions and by using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Description of the Services Available on the Website

 

The services available through the Website enable commercial users who are interested in (i) evaluating investment property or business loan transactions, and/or (ii) obtaining a preliminary indication on whether or not a potential transaction is likely to be favorably considered for moving to a submission of a formal loan application to a United States based chartered financial institution, based upon the transaction information input by the user, and (iii) Initiating a “Connection Request” by transmitting your GO result One Sheet to a Lender who is a member in CLS Lender Central, and connected to CLS.

 

All information input by the user is confidential except to the extent described in our Privacy Policy [http://www.commercialloansuccess.com/privacypolicy] or until the user otherwise authorizes us to share it with certain third parties. We are not a financial institution or lender, and do not approve or deny actual loan requests. Furthermore, any Connection Request you initiate through the Website (CLS Lender Central) to a lender does not in any way constitute a “live” loan application. The services available on our Website simply analyze the data you provide to us on the Website for educational and informational purposes only.  

 

CLS Lender Central

 

CLS Lender Central is a secure database platform, within the Website and software, of  United States banks and lenders.  Some of the banks and lenders are connected to CLS and are interested in Connection Requests which include a GO result CLS One Sheet from CLS users.  Such Connection Requests are designed to initiate further dialog between the CLS user and the Lender. The Lender may chose to “accept” and connect, or “pass” on the connection request, from a user.

 

As a CLS user, you can utilize CLS Lender Central to transmit a GO result OneSheet (Connection Request) to any connected lender in CLS Lender Central. You agree to limit the number of active Connection Requests to three (3) at a time, in a effort to maintain the integrity of the CLS Platform. If you initiate a Connection Request, a One Sheet of your transaction, which will include all of the analytics of the transaction, minus your personal contact information, minus the property street address, only city, state will be included,  will be electronically sent through the platform to the designated contact of the Lenders you chose. If a Lender in CLS Lender Central “accepts” your connection request, then your name, contact information, and full address of the property as you provided it will be revealed to the Lender, and the Lender will likely reach out to connect with you. If a lender “passes” on your Connection Request, your name, contact information, and full property address will not be provided to that Lender, and you can then choose to send additional requests to other Lenders within CLS Lender Central. CLS will notify you through the platform when a Lender “accepts” or “passes” on your Connection request.

 

a.    You acknowledge and agree that the action to share information and send a Connection Request to a Lender Central Banker through CLS is a free act and deed by you, and that CLS has no role in choosing the Lender Central Banker(s) you chose to share information and issue a Connection Request to.  By choosing to connect, and sending your CLS One Sheet with a CLS validated Go result from your input data, or to send  any other information to a Lender Central Banker in CLS Lender Central to promote a further discussion between you and the Lender Central Banker, you agree you have provided true, accurate, current and complete information to the Lender Central Banker regarding: (i) the transaction details; including property address, transaction terms, and financial metrics, etc;  and (ii) your personal details, such as identity, creditworthiness, and any other information you elect to share with the Lender Central Banker.

b.    Lender Central Bankers will communicate back to you through CLS as they see fit on your Connection Request.  We have no control over how the Lender Central Banker will respond or communicate with you.  The platform is designed for the Lender Central Banker to “ACCEPT”, or “PASS” on your Connection Request for further discussion with you.   The platform is designed such that the Lender Central Banker will not have access to your name, and if applicable the property address of your transaction, until they have issued an “ACCEPT” reply to you. You acknowledge and agree that we have no role in either an “ACCEPT’ or “PASS” decision by a Lender Central Banker on your Connection Request. You acknowledge and agree that an “ACCEPT”  reply does not guarantee that you will receive funding from any Lender Central Banker.  You further acknowledge and agree that any future loan terms you and a Lender Central Banker agree upon, such as amount, rate, term length, etc.  may differ from the input numbers you used to create your CLS One Sheet to initiate your Connection Request with any Lender Central Banker. 

c.     Fee Information

We do not charge you a fee for sending any Connection Request to a Lender Central Banker.  You only pay us the subscription fee for the screener/s you purchased at the start to gain your access. We do receive compensation from Lender Central Bankers for their use of the CLS Lender Central  platform.  This compensation is in no way tied to your loan amount, or whether or not a loan is applied for by you, or is funded by a Lender Central Banker.

In addition to a connection fee some of the Lender Central Bankers have purchased all or part of the CLS platform, and have paid CLS an agreed upon price.

 

Products available:

 

Apartment Property Screener: The CLS Apartment Property Screener is a commercial loan and investment property transaction analytics platform. If the automated loan analytics function of our CLS Apartment Property Screener, determines that the transaction that you have input into the loan analytics function is likely to be favorably considered for a formal commercial loan application, you will receive a OneSheet™ report which you can then take or send to any commercial or private lender of your choice to facilitate preliminary discussions regarding possible loan financing for the transaction. Subscribers of CLS Apartment Property Screener are not charged any fees other than the published subscription fees for the CLS Apartment Property Screener.

 

Apartment REFI Screener: The CLS Apartment Property REFI Screener is a commercial loan and investment property transaction analytics platform. If the automated loan analytics function of our CLS Apartment Property REFI Screener, determines that the transaction that you have input into the loan analytics function is likely to be favorably considered for a formal commercial loan application, you will receive a OneSheet™ report which you can then take or send to any commercial or private lender of your choice to facilitate preliminary discussions regarding possible loan financing for the transaction. Subscribers of CLS Apartment Property REFI Screener are not charged any fees other than the published subscription fees for the CLS Apartment Property REFI Screener.

 

Mixed Use Property Screener: The CLS Mixed Use Property Screener is a commercial loan and investment property transaction analytics platform. If the automated loan analytics function of our CLS Mixed Use Property Screener, determines that the transaction that you have input into the loan analytics function is likely to be favorably considered for a formal commercial loan application, you will receive a OneSheet™ report which you can then take or send to any commercial or private lender of your choice to facilitate preliminary discussions regarding possible loan financing for the transaction. Subscribers of CLS Mixed Use Property Screener are not charged any fees other than the published subscription fees for the CLS Mixed Use Property Screener.

 

Mixed Use REFI Property Screener: The CLS Mixed Use REFI Property Screener is a commercial loan and investment property transaction analytics platform. If the automated loan analytics function of our CLS Mixed Use REFI Property Screener, determines that the transaction that you have input into the loan analytics function is likely to be favorably considered for a formal commercial loan application, you will receive a OneSheet™ report which you can then take or send to any commercial or private lender of your choice to facilitate preliminary discussions regarding possible loan financing for the transaction. Subscribers of CLS Mixed Use REFI Property Screener are not charged any fees other than the published subscription fees for the CLS Mixed Use REFI Property Screener.

 

Commercial Property Screener: The CLS Commercial Property Screener is a commercial loan and investment property transaction analytics platform. If the automated loan analytics function of our CLS Commercial Property Screener, determines that the transaction that you have input into the loan analytics function is likely to be favorably considered for a formal commercial loan application, you will receive a OneSheet™ report which you can then take or send to any commercial or private lender of your choice to facilitate preliminary discussions regarding possible loan financing for the transaction. Subscribers of CLS Commercial Property Screener are not charged any fees other than the published subscription fees for the CLS Commercial Property Screener.

 

Commercial REFI Screener: The CLS Commercial REFI Property Screener is a commercial loan and investment property transaction analytics platform. If the automated loan analytics function of our CLS Commercial REFI Property Screener, determines that the transaction that you have input into the loan analytics function is likely to be favorably considered for a formal commercial loan application, you will receive a OneSheet™ report which you can then take or send to any commercial or private lender of your choice to facilitate preliminary discussions regarding possible loan financing for the transaction. Subscribers of CLS Commercial REFI Property Screener are not charged any fees other than the published subscription fees for the CLS Commercial REFI Property Screener.

 

Global Credit Screener: The CLS Global Credit Screener is a commercial line of credit or loan analytics platform. If the automated credit line or loan analytics function of our CLS Global Credit Screener, determines that the transaction that you have input into the credit line or loan analytics function is likely to be favorably considered for a formal commercial loan application, you will receive a OneSheet™ report which you can then take or send to any commercial or private lender of your choice to facilitate preliminary discussions regarding possible credit line or loan financing for the transaction.

 

SBA-504 Screener: The CLS SBA-504 Screener is a commercial loan analytics platform used to screen the potential financing for the purchase of fixed assets, which usually means real estate, buildings and machinery. If the automated loan analytics function of our CLS SBA-504 Screener, determines that the transaction that you have input into the loan analytics function is likely to be favorably considered for a formal SBA-504 loan application, you will receive a OneSheet™ report which you can then take or send to any commercial or private lender, currently accepting SBA-504 loan applications to facilitate preliminary discussions regarding possible loan financing for the transaction. Subscribers of CLS SBA-504 Screener are not charged any fees other than the published subscription fees for the CLS SBA-504 Screener.

Your Subscription and Refunds of Your Subscription Fee

Your Subscription

Your subscription to the Website is for a specified term of one year, unless terminated in accordance with these Terms of Use. Your right to access and use the Website begins on the date you successfully register and pay for your subscription. Thirty days prior to the end of your annual subscription date and assuming you are not in breach of these Terms of Use, we will notify you via the email address you provided at the time of registration, and give you the opportunity to terminate your subscription to the Website. Failure to terminate prior to the end of your subscription will result in automatic renewal of your subscription and will be billed to the credit card on file at the current rate. If your credit card fails, we will notify you via the email address you provided at the time of registration. You will have five business days to supply a new credit card, or your subscription to CLS will be terminated.

Refund

 

With all CLS Screeners, we offer a 30-Day money back guarantee. Within 30 days of purchase, if you are not completely satisfied, please send us a refund request at help@commercialloansuccess.com, or call us at 1-833-CLS-HELP (257-4357). We may ask a couple of questions to help us understand your reason for requesting a refund in an effort to potentially improve our products.

 

Payment of Subscription Fees

 

In order to subscribe for the services available on the Website, you will be required to pay for subscriptions via our Website using a credit card. You acknowledge and agree that our Website may direct you to a separate website operated by, or we may otherwise utilize a third party payment service for collecting your payment information and/or processing your credit card payments. By accepting these Website Terms of Use, you agree that we, either directly or through a third party payment service, are authorized without any further authorization or consent from you, to charge or invoice the credit card that you provide to us through the Website for your initial subscription fee and any subscription renewal fees. If a subscription payment request is denied or fails for any reason, you acknowledge that you will be restricted from accessing the Website until we receive full payment for your subscription.  

 

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy [http://www.commercialloansuccess.com/privacypolicy], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features, and functionalities (including but not limited to all information, software, text, displays, images, video and audio, and the design, operation, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States, foreign, and/or international copyright, trademark, patent, trade secret, and/or other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for commercial, informational and educational use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
  • You may store files that are automatically cached by your Web browser for display enhancement purposes;
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal or educational use and not for further reproduction, publication or distribution;
  • You may print one or more copies of each OneSheet™ that you generate in connection with your use of the Website; and
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal and educational use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

  • modify copies of any materials from this site;
  • use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text;
  • delete or alter any copyright, trademark, patent, or other proprietary rights notices from copies of materials from this site; or
  • access any materials by macro or other automated means.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No right, title, or interest in or to the Website or any content, feature, and functionality on the Website is transferred or licensed to you, except where it is expressly granted in the Terms of Use.  All rights, including but not limited to all intellectual property rights relating to the Website and any contents, features, and functionalities thereof, not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, patent and/or other laws.

Trademarks

The Company name, the terms “CommercialLoanSuccess.com”, BankerShare.com”, “GO-Meter”, “One Sheet”, “CLS Property Suite”, “CLS Basic”, “CLS Business Pro”, “CLS Enterprise”, “Auto-Scale Value Meter”, “MAX-DSCR Loan Matrix”, “Yield-Serviceability Report”, “CLS Lender Central”, “Commercial Loan SuccessWare”, “SUCCESSWARE”,”CLS Express”, “CLS Rental Apartment Edition”, “CLS Rental Apartment Screener”, “CLS Mixed-Use Edition”, “CLS Mixed-Use Screener”, “CLS Commercial Property Edition”, “CLS Commercial Property Screener”,  “CLS SBA-504 Edition”, “CLS SBA-504 Screener”, “CLS Business Property Edition”, “CLS Business Property Screener”, “CLS C&I Credit Edition”, “CLS C&I Credit Screener” and “CLS Field Screener”, “CLS Branch Suite”, “BankerShare B-to-B Connect”, “BankerShare Private Label”, “LenderEZE”, “LenderEASE”, “LenderESE”, “Credit EDGEucation”, and “BankerShare Client Connect” and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

In addition to any other restrictions set forth in these Website Terms of Use on your usage of the Website and any materials that are available on the Website, you may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • to re-sell, monetize, or distribute the software, outside of your company:
  • in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
  • for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
  • to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation;
  • to impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);
  • for primarily personal, household or family purposes; or
  • to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

  • use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website;
  • use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
  • use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
  • use any device, software or routine that interferes with the proper working of the Website;
  • introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
  • attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
  • attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
  • otherwise attempt to interfere with the proper working of the Website.

User Contributions

The Website may now or in the future contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, " Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our service providers, and each of our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose/according to your account settings.

You represent and warrant that:

  • you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our service providers, and each of their respective licensees, successors and assigns; and
  • All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Monitoring and Enforcement; Termination

We have the right to:

  • remove or refuse to post any User Contributions for any or no reason in our sole discretion;
  • take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company;
  • disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
  • take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and/or
  • terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
  • promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
  • violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy [http://www.commercialloansuccess.com/privacypolicy];
  • be likely to deceive any person;
  • promote any illegal activity, or advocate, promote or assist any unlawful act;
  • cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
  • impersonate any person, or misrepresent your identity or affiliation with any person or organization;
  • involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or
  • give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

 

Reliance on Information Posted

The information presented on or through the Website is made available solely for commercial, informational and educational purposes. We are not an accountant, lawyer, financial advisor, mortgage broker, commercial banker, investment banker, or any other type of professional advisor or service provider. The information available on our Website is not intended to, and does not constitute legal, tax, financial, or investment advice. You should not rely on the information presented on or through the Website to make any financial, business or other decisions or to take, or refrain from taking, any actions. We do not warrant the accuracy, completeness or usefulness of the information available on the Website. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements, testimonials and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Testimonials appearing on the Website are actually received via text, audio or video submission. They are individual experiences, reflecting real life experiences of those who have used the products and/or services available on our Website. They also may represent the experiences of individuals that we may compensate in some way to use our products or services.  Additionally, some of the testimonials may represent the experiences of individuals that are working for, or are affiliated with our Company. The testimonials are not necessarily representative of all of all users of our products and/or services, and the results obtained by those providing testimonials that appear on our Website may vary from the results of other users of our Website may obtain. The testimonials displayed on our Website are given verbatim except for correction of grammatical or typing errors.  Some of the testimonials on the Website may represent excerpts or portions of longer testimonials originally provided to us. 

 

Changes to the Website and Services

We may update the content on this Website and the functionality of the services provided through the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy [http://www.commercialloansuccess.com/privacypolicy]. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

  • link from your own or certain third-party websites to certain content on this Website;
  • send e-mails or other communications with certain content, or links to certain content, on this Website; and
  • cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • establish a link from any website that is not owned by you;
  • cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site;
  • link to any part of the Website other than the homepage; or
  • otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the state of Connecticut in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Recording Telephone Calls

In certain limited circumstances, it may be necessary for us to communicate with you via telephone in order to provide you support of your use of the Website. Telephone communications with us, including calls with any of our agents or independent contractors, are routinely monitored and/or recorded. You expressly consent, on behalf of yourself and other users of your phone number, to being monitored or recorded for quality assurance purposes. By providing us with a phone number (including mobile) as your contact number, you expressly authorize us to contact you for non-telemarketing purposes regarding your subscription to the Website via text message or telephone, including the use of prerecorded or auto-dialed calls, using that number.

 

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that materials available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS,THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS, OR THAT YOUR USE OF THE WEBSITE WILL ENABLE YOU TO, OR RESULT IN YOUR ACHIEVEMENT OF, ANY FINANCIAL OR BUSINESS OBJECTIVES OR OUTCOMES.

WE HAVE MADE EVERY EFFORT TO ACCURATELY REPRESENT THE SERVICES AVAILABLE ON OUR WEBSITE.  YOU ACKNOWLEDGE THAT THERE ARE MANY FACTORS THAT WILL DETERMINE THE ACTUAL FINANCIAL OUTCOMES OF ANY TRANSACTION THAT YOU ANALYZE USING THE TOOLS ON OUR WEBSITE. WE MAKE NO GUARANTEES THAT YOU WILL BE QUALIFIED FOR, OR ABLE TO OBTAIN FINANCING, AS A RESULT OF YOUR USE OF THE WEBSITE, EVEN IF THE TOOLS ON THE WEBSITE GIVE YOU A POSITIVE INDICATION FOR OBTAINING FINANCING. WE MAKE NO GUARANTEES THAT YOU WILL ACHIEVE ANY FINANCIAL GOALS OR ANY POSITIVE OUTCOME OR SUCCESS FROM YOUR USE OF OUR WEBSITE. AS SUCH, WE MAKE NO WARRANTY OR GUARANTEE OF ANY KIND THAT YOU WILL EXPERIENCE ANY SPECIFIC FINANCIAL RESULTS OR SUCCESS BY USING OUR WEBSITE.  ANY EXAMPLES OF FINANCIAL RESULTS OR TRANSACTION OUTCOMES THAT WE MAY PROVIDE ON THE WEBSITE SHOULD NOT BE INTERPRETED AS ANY GUARANTEE THAT YOU WILL ACHIEVE SIMILAR RESULTS BY USING THE WEBSITE. UPON YOUR REQUEST, AND AT OUR DISCRETION, WE MAY PROVIDE YOU VERIFICATION OF CLAIMS OF ACTUAL EARNINGS AND/OR EXAMPLES OF ACTUAL RESULTS ACHIEVED THROUGH THE USE OF OUR WEBSITE, THOUGH WE ARE UNDER NO OBLIGATION TO DO SO.  

WE CANNOT AND DO NOT OFFER YOU ANY DIRECT FINANCIAL, LEGAL OR INVESTMENT ADVICE, NOR ARE WE RESPONSIBLE FOR ANY FINANCIAL DECISIONS YOU MAKE. AS ALWAYS, IT IS YOUR SOLE RESPONSIBILITY TO DISCUSS THE ANY DECISION YOU ARE CONSIDERING WITH A QUALIFIED PROFESSIONAL BEFORE MAKING SUCH A DECISION.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use, your use of any information obtained from the Website, or your submission of false, inaccurate or misleading information in connection with your use of the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Connecticut without giving effect to any choice or conflict of law provision or rule (whether of the State of Connecticut or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Connecticut in each case located in the City of Colchester and County of New London although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in the jurisdiction where you reside. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company's sole discretion, it may require You to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Commercial Rules of Arbitration of the American Arbitration Association applying Connecticut law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and BankerShare Solutions Group, LLC with respect to your access and use of the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

This website is operated by BankerShare Solutions Group, LLC.  All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: help@commericalloansuccess.com.