Online Terms of Use
Last Updated: February 1, 2024
Disclaimer
The information on this website has been obtained from sources believed to be reliable. We have not verified it and make no guarantee, warranty, or representation about it. Any projections, opinions, assumptions, or estimates used are for example only, and do not represent the current or future performance of the property. You and your advisors should conduct a careful, independent investigation of the property and loan specifications to determine to your satisfaction the suitability of the property and loan for your needs. Please see our Advertiser Disclosure below.
The services offered through this Website (the “Services”) are intended for business only and not consumers.
This Agreement contains a binding arbitration agreement, which provides that you and we agree to resolve certain disputes through binding individual arbitration and give up any right to have those disputes decided by a judge or a jury. You have the right to opt out of our agreement to arbitrate. See the Legal Disputes section of this agreement.
Terms of Use
This Terms of Use agreement (this “agreement”) is a legal agreement between you and Janover Inc., the owner of this website (“Company,” “we,” “us,” or “our”) providing, among other things, the terms and conditions for your use of our website (the “Website”) and, as applicable, any software subscriptions and Artificial Intelligence services.
We may from time to time modify these Terms of Use and will post a copy of the amended agreement on the Terms of Use web page. If you do not agree to, or cannot comply with, the agreement as amended, you should not use the Website. You will be deemed to have accepted the agreement as amended if you continue to use the Website after any amendments are posted on the Website. We reserve the right to refuse to provide our products and services to anyone at any time.
This agreement contains warranty and liability disclaimers as well as advertising disclosures. By using this Website, you accept and agree to the terms and conditions of this agreement without any reservations, modifications, additions, or deletions. If you do not agree to the Terms of Use contained in this agreement, you are not authorized to use the Website. You may be denied access to the Website, with or without prior notice to you, if you do not comply with any provision of this agreement.
PRODUCTS AND SERVICES
Loans: You understand and agree that Company is not a lender and is not the creditor for or issuer of the products featured on the Website. Any products or services advertised at this site or made available to you after you receive a financial product from an issuer are by and remain the sole responsibility of the respective product vendors and service providers. Company may act as a consultant, broker, or may simply forward you to certain third parties that may offer products or services that you may seek, particularly in the area of commercial, business and multifamily loans.
Software Subscription and Voice/Text AI services and Chatbot: Company may offer subscriptions to or license certain software and artificial intelligence products/services (collectively, “AI Tech Tools”).
LOAN REQUEST POLICY
Company is not a lender and does not accept loan applications. It only accepts requests to be connected with lenders and may collect information from your business pertaining to potential loan applications with such third parties. Each lender may use the information you provide on this Website for your application for credit with that lender. Your receipt of an electronic or other form of confirmation that your request has been submitted does not signify any acceptance of your application with your prospective lender, nor does it constitute confirmation of any offer to fund. Company may require additional verifications or information before accepting any request. Company is not responsible for requests on the Website or applications to lenders that cannot be funded or unsuccessful funding applications arising from an applicant’s ineligibility to qualify for the funding opportunity.
Company may offer certain subscription services on its Website that either allow (a) borrowers to get access to more data and better matches in Company’s marketplace and higher touch service from Company’s team of advisors; or (b) lenders to get more access to additional data and better matches in Company’s marketplace. The terms of such services are provided in more detail at the point of sale.
1. Authorized users
1.1. Age requirement; authority. In order to use the Website, you must be at least 18 years of age. You represent that:
(i) you are an authorized representative of the company seeking loan assistance or a lender;
(ii) you have read, understand, and agree to be bound by, this agreement; and
(ii) you are at least 18 years old.
If you do not agree to, or cannot comply with, any of these terms and conditions of this agreement, please do not attempt to access this Website.
1.2. Registration and Sharing Information. Company offers a portal to both borrowers and lender where they may login, set up accounts, upload documents and use the services.
We reserve the right to restrict certain areas of information on this Website to our approved registered users. In the event that any area of the Website requires you to register with us prior to our granting you access to such areas of the Website, you agree to provide truthful information, including but not limited to a member name and password as well as your name, address, telephone number, and a valid email address (the “account information”). You agree to provide accurate account information and to update your account information as necessary to keep it accurate.
Company will use your account information and documents in accordance with its privacy policy, which can be found on our Privacy Policy page, as described further in Section 7 of this agreement. Borrowers who submit their information agree to sharing their information with prospective lenders. You are solely responsible for maintaining the confidentiality of your member name and password. You agree to notify us immediately of any unauthorized use of your member name, password, or account. Company will not be responsible for any losses arising from the unauthorized use of your account, and you agree to indemnify and hold harmless Company, its partners, parents, subsidiaries, agents, affiliates, and/or licensors, as applicable, for any improper, unauthorized, or illegal uses of your account.
1.3. No Guarantee of Matching Lenders with Borrowers. While Company will endeavor to match borrowers with lenders, Company does not make any assurance or guarantee that a loan will be successfully funded or that Company will be able to facilitate any loans.
1.4. Restrictions regarding sharing AI Tech Tools. You shall not at any time, directly or indirectly or allow any third party to: (i) reproduce, or create derivative works of, the AI Tech Tools, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the AI Tech Tools or other Services; (iii) reverse-engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the AI Tech Tools or Services, in whole or in part; or (iv) remove any proprietary notices from the AI Tech Tools or Services.
2. License to use the site
2.1. Grant of license. Company grants to you a limited, non-exclusive, non-transferable license to access and use the Website in accordance with the terms and conditions set forth in this agreement. Company reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws. Any use of the Website not specifically permitted under this agreement is strictly prohibited.
2.2. Restrictions. You agree that you will not:
(i) use the Website to reproduce, transmit, display, or distribute copyrighted material in any medium or via any method without Company's express written permission;
(ii) copy, store, edit, change, prepare any derivative work of, or alter in any way any of the content provided on this Website; or
(iii) use our Website in any way that violates the terms of this agreement.
The Website is owned by Janover Inc. and is protected by United States copyright laws and international treaty provisions. You will not sub-license, assign, or transfer the license granted to you under this agreement. Any attempt to sub-license, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this agreement is void.
3. Other restrictions
You agree that you will not:
(a) impersonate any person or entity, or misrepresent your affiliation with any other person or entity;
(b) engage in spamming, flooding, harvesting of email addresses or other personal information, spidering, screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or any other information, including, specifically, property listings available through the Website;
(c) send chain letters or pyramid schemes via the Website;
(d) attempt to gain unauthorized access to other computer systems through the Website; or
(e) use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website.
In the event that a user (whether a lender or borrower) subscribes to services through this Website, all software and service subscription sales are final and non-refundable. There are no pro rata refunds, even if services are terminated early.
4. Non-Solicitation/Non-Circumvention
All users of this Website, including borrowers and lenders as well as their owners and agents, understand that Company invests time and financial resources in connecting users to each other through its platform and that Company does so in exchange for certain compensation. For a period of one (1) year after using or visiting the Website and any introduction to another party, all users, including lenders and borrowers (as well as their owners and agents) agree not to circumvent Company’s Website/services and enter into outside agreements with each other without first obtaining the written consent of Company. This restriction does not apply where such parties were already doing business with each other prior to Company’s introduction. A violation of this section shall entitle Company to damages equal to one percent (1%) of the loan amount of a transaction and all legal fees and costs associated with the investigation and legal proceedings related to the breach of these terms.
5. Copyrights and other intellectual property/Non-Disclosure
5.1. As between you and Company, you acknowledge that Company owns or has a license to all title and copyrights in and to the content provided on this Website, including trademarks. All title and intellectual property rights in and to any licensed content provided on this Website is the property of the respective content owners; and may be protected by applicable copyright, trademark or other intellectual property laws and treaties, and subject to use restrictions under such laws or treaties.
5.2. Photos herein are the property of their respective owners and use of these images without the express written consent of the owner is prohibited.
5.3. The Website and associated services are proprietary and any information or introductions that Company shares shall be maintained and not disclosed by the recipient. That is, Company has spent its resources cultivating relationships and any introductions to other companies shall not be shared with third parties other than for accounting and legal purposes.
5.4 AI Tech Tools. Company and its licensors are, and shall remain, the sole and exclusive owners of all right, title, and interest in and to the AI Tech Tools, including all intellectual property rights therein. To the extent that you subscript to the AI Tech Toold, Company grants Customer a non-exclusive, royalty-free, worldwide, perpetual, non-transferrable, and non-sublicensable (unless otherwise specified in these Terms) license to use the AI Tech Tools during the term of the subscription. All other rights in and to the AI Tech Tools are expressly reserved by Company.
5.5 User Data. You shall remain, the sole and exclusive owner of all right, title, and interest in and to your user data (i.e. information that is provided by you in connection with the Services, including personal data), including all intellectual property tights therein. Company shall have the right and license to use any of your user data solely during the Term of the Agreement to the extent necessary to provide the Services to you and improve Company’s Services and the AI Tech Tools, including AI training provided the data used for these purposes is/was de-identified and does not constitute personal data. All other rights in and to the user data are expressly reserved by you.
6. Third-party trademarks
The Website may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to any intellectual property of any third party.
7. Privacy policy
Unless otherwise addressed in this agreement, your use of this Website is subject to Company’s Online Privacy Policy, which is incorporated by reference and made a part of this agreement. It is important that you read and understand the terms of Company’s Online Privacy Policy. Company may cooperate with and disclose information (including your account information) to any authority, government official, or third party, without giving any notice to you, in connection with any investigation, proceeding, or claim arising from an asserted illegal action or infringement whether related or unrelated to your use or misuse of this Website. It may also share your contact information with third parties that may offer goods and services that may be of interest to you.
8. Submissions or other information
If you submit to us or post on the Website any property listing, testimonial, comment, review, suggestion, or any work of authorship (collectively a “submission”), including, without limitation, submissions about any of our products or services, such submission will not be confidential or secret, and may be used by us in any manner. Please do not submit or send any submission to us that you consider contains confidential or proprietary information. No submission sent to us will be considered or treated as confidential information. We do not prescreen submissions, and we will have no obligation to read any particular submission submitted or sent to us. By submitting or sending a submission to us, you:
(i) represent and warrant that the submission is original to you, that no other party has any rights thereto, and that any “moral rights” in such submission have been waived; and
(ii) grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, and assignable and sub-licensable right; and license to use, reproduce, publish, distribute, display, translate, summarize, modify, and adapt such submission (in whole or in part); and/or to incorporate it into other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name.
See Privacy Policy regarding the use of any information shared with Company.
9. Disclaimers
9.1. The Website (including all of its content) is provided to you “as is.” Any use of this Website is at your own risk. To the maximum extent permitted by applicable law, Company disclaims all warranties, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Company makes no representations, warranties, or guarantees that this site will be free from loss, destruction, damage, corruption, attack, viruses, interference, hacking, or other security intrusion, and Company disclaims any liability relating thereto.
9.2. Company makes no representations, warranties, or guarantees that the use or results of the use of the Website (including all of its content) is or will be accurate, reliable, current, uninterrupted, or without errors. Without prior notice, Company may modify, suspend, or discontinue any aspect or feature of this Website or your use of this Website. If Company elects to modify, suspend, or discontinue the Website, it will not be liable to you or any third party.
9.3. All property listing information which may be contained within this Website is subject to the possibility of errors or omissions; change of price, rental, or other conditions; prior sale, lease, or financing; or withdrawal without notice. Any projections, opinions, assumptions, or estimates contained within this Website are for example only, and such projections, opinions, assumptions, or estimates may not represent the current or future performance of a listed property. You and your tax and legal advisors should conduct your own investigation of any property listed on this Website and of any contemplated transaction concerning any property listed on this Website.
9.4. You acknowledge that your submission of any information to us is at your own risk. Company does not assume any liability to you with regard to any loss or liability relating to such information in any way.
9.5. Some of the content, products, and services available through the Company Website may include materials that belong to third parties. You acknowledge that Company assumes no responsibility for such content, products, or services.
9.6. You acknowledge that Company does not make any assurances or guarantees that Company will be able to facilitate the funding or closing of a loan.
9.7. Disclaimer Regarding AI Tech Tools.
TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICES, THE AI TECH TOOLS, AND UNDERLYING ARTIFICIAL INTELLIGENCE TECHNOLOGY, INCLUDING BUT NOT LIMITED TO THE ACCURACY, COMPLETENESS, APPROPRIATENESS, TIMELINESS, OR RELIABILITY THEREOF. COMPANY WILL NOT BE SUBJECT TO LIABILITY FOR (A) THE TRUTHFULNESS, ACCURACY, OR COMPLETENESS OF ANY CONTENT OF OR PROVIDED BY THE SERVICES OR AI TECH TOOLS, (B) ERRORS, MISTAKES OR OMISSIONS THEREIN, (C) ANY DELAYS OR INTERRUPTIONS OF THE DATA OR SERVICES, (D) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, CYBERATTACKS, HACKS, OR OTHER MEANS OF ATTACK AGAINST THE AI TECH TOOLS PLATFORM. YOU AGREE THAT YOU USE THE SERVICES, AI TECH TOOLS, AND UNDERLYING ARTIFICIAL INTELLIGENCE TECHNOLOGY AT YOUR OWN RISK. YOU AGREE TO ACCEPT THE RISK OF THE SERVICE FAILURES, RESULTING FROM UNANTICIPATED OR HEIGHTENED TECHNICAL DIFFICULTIES, INCLUDING THOSE RESULTING FROM CYBER OR OTHER ATTACKS, AND YOU AGREE NOT TO HOLD COMPANY ACCOUNTABLE FOR ANY RELATED LOSSES. COMPANY WILL NOT BEAR ANY LIABILITY WHATSOEVER FOR ANY DAMAGE OR INTERRUPTIONS CAUSED BY THE USE OF THE SERVICES, AI TECH TOOLS OR ARTIFICIAL INTELLIGENCE TECHNOLOGY, ANY VIRUSES THAT MAY AFFECT CUSTOMER’S SERVER, COMPUTERS OR OTHER EQUIPMENT, OR ANY PHISHING, SPOOFING, HACKS, OR OTHER ATTACKS.
TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DOES NOT WARRANT THAT THE SERVICES, THE AI TECH TOOLS, OR THE UNDERLYING ARTIFICIAL INTELLIGENCE TECHNOLOGY WILL OPERATE ERROR-FREE, OR THAT THE SERVICES, AI TECH TOOLS, OR UNDERLYING ARTIFICIAL INTELLIGENCE TECHNOLOGY ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICES, OR AI TECH TOOLS, OR ANY CONTENT THEREON, RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, COMPANY WILL NOT BE RESPONSIBLE FOR THOSE COSTS.
THE SERVICES AND AI TECH TOOLS ARE PROVIDED “AS IS” AND COMPANY HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. COMPANY MAKES NO WARRANTY OF ANY KIND THAT THE AI TECH TOOLS, SERVICES, ARTIFICIAL INTELLIGENCE TECHNOLOGY, OR ANY SERVICES OR RESULTS OF THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE.
10. Limitation of liability
In no event will Company be liable to you for indirect, general, special, incidental, consequential, exemplary, or other damages (including, without limitation, damages for loss of profits, business interruption, corruption of files, loss of business information, or any other pecuniary loss), even if Company has been advised of the possibility of such damages. No oral or written information or advice given by Company or others will create a warranty, and neither you nor any third party may rely on any such information or advice. The limitations herein govern, among other things, borrower’s efforts to obtain a loan and lenders being matched with a borrower. Specifically, borrowers enter into a separate loan agreement with lenders to which Company is not a party and is not obligated in any way. Borrowers must conduct their own due diligence prior to entering into a contract with a lender as Company does not warrant that a loan will close or that funding will be seamless. Similarly, lenders are responsible for performing their own due diligence and Company is not responsible for any issues in entering into an agreement between the borrowers or lenders or if there is a default on a loan. Anything shared through Company’s portal is for informational purposes and the burden for underwriting and loan closing, including associated risks, rests with the borrowers and lenders. Some jurisdictions do not allow the exclusion of implied warranties or limitations, or the exclusion of liability for incidental or consequential damages, so the above exclusions and limitations may or may not apply to you.
11. Indemnity
You will indemnify and hold harmless Company, its directors, officers, employees, affiliates, agents, contractors, and licensors with respect to any suits or claims arising from:
(i) your breach of this agreement, including but not limited to any infringement by you of the copyright or intellectual property rights of any third party; or
(ii) your use or misuse of the Website.
12. LEGAL DISPUTES
You and we agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of this agreement, your use of or access to the Services will be resolved in accordance with the provisions set forth in this Legal Disputes section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
Applicable Law You agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern this agreement and any claim or dispute that has arisen or may arise between you and us, except as otherwise stated in this agreement.
ARBITRATION/CLASS WAIVER/OPT OUT CLAUSES
You and we each agree to resolve exclusively through final and binding arbitration any and all disputes or claims that have arisen or may arise between you and us (including any affiliates, officers, directors, employees, and agents), whether or not such dispute or claim involves a third party, relating in any way to any aspect of our relationship or any contact between us, direct or indirect, or arising out of this or previous versions of this Agreement, your use of or access to our Services, or any products or services sold, offered, or purchased through our Services (“Dispute”).
You and we agree to submit the Dispute to a single arbitrator under the then-current Commercial Arbitration Rules of the American Arbitration Association (AAA), or, by separate mutual agreement, at another arbitration institution. The AAA’s rules, information regarding initiating a claim, and a description of the arbitration process are available at www.adr.org. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA rules. As an alternative, you or we may bring a claim in your local “small claims” court, if permitted by that small claims court’s rules.
Class Action/Jury Waiver: You and we agree that each of us may bring a Dispute against the other only on our own behalf, and not on behalf of a government official or other person or entity, or a class of persons or entities. You and we agree, if we are a party to the proceeding, not to participate in a class action, a class-wide arbitration, a claim brought in a private attorney general or representative capacity, or a consolidated claim involving another person’s use of the site or our services. You and we agree to waive the right to a trial by jury for all disputes.
You may opt out of this Agreement to Arbitrate. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing, within 30 days of the date that you first began using this Website subject to these arbitration terms or changes to them, either by U.S. mail delivered to: Attn: Legal Department, Janover, Inc., 6401 Congress Ave., Ste. 250, Boca Raton, FL 33487 or by email delivered to hello@janover.ventures. You must include: (1) your name and residence address; (2) the email address and/or mobile telephone number associated with your account; and (3) a clear statement that you want to opt out of this agreement to arbitrate.
This Agreement to Arbitrate will survive the termination of your relationship with us:
Unless you and we agree otherwise, if you opt out of the Agreement to Arbitrate, if the Agreement to Arbitrate is found by a court to be unenforceable, if your claim is not covered by the Agreement to Arbitrate, or if you neither are a resident of nor have a principal place of business in the US or Canada, you agree that any Dispute that has arisen, or may arise, between you and us must be resolved exclusively by a state or federal court located in Palm Beach County, Florida. You and we agree to submit to the personal jurisdiction of the courts located within Palm Beach County, Florida for the purpose of litigating all such claims or disputes.
Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make a change to this agreement to arbitrate in the future, that change shall not apply to a claim that was filed in a legal proceeding between you and us prior to the effective date of the change.
13. General
13.1. You will be responsible for providing the dial-up, DSL, cable modem, or other form of internet access, and any other hardware and software necessary to access and use the Website.
13.2. Company complies with all applicable laws, including but not limited to privacy laws and individual state laws. You agree that you will comply with all such laws applicable to you.
13.3. Company or its business partners may present advertisements or promotional materials on or through the Website. Your dealings with, or participation in promotions of, any third-party advertisers on or through the Website are solely between you and such third parties, and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party materials on the Website.
13.4. If you know of, or suspect, copyright infringement, please send a notice to Janover Inc.: hello@janover.ventures . The notice must contain all of the information set forth in section 512(c)(3)(a) of the U.S. Copyright Act, 17 U.S.C. § 101 et seq.
13.5. This agreement will be governed by the laws of the state of Florida. The exclusive jurisdiction for any claim, action, or dispute with Company, or relating in any way to your use of the Website, will be in the state and federal courts of the state of Florida, and the venue for the adjudication or disposition of any such claim, action, or dispute will be in the county of Palm Beach, Florida.
13.6. Company may send notices to you with respect to your use of the Website by sending an email message to the email address listed in your account information, by sending a letter via U.S. mail to the contact address listed in your account information, or by posting a note on the site when you access your account. You agree that we may provide notice to you through such means. Unless otherwise stated in the notices, the notices will become effective immediately.
13.7. General contact information. For questions regarding this Website or your use of this Website, please email us at hello@janover.co.
You acknowledge that you have read this agreement, understand it, and will be bound by its terms and conditions. You further acknowledge that this agreement represents the complete and exclusive statement of the agreement between us, and that it supersedes any proposal or prior agreement, oral or written, as well as any other communications between us relating to the subject matter of this agreement.