Terms and Conditions

THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF THIS WEBSITE (www.TowerLending.com). YOUR USE OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.

Please carefully read these Terms & Conditions before using our Services. By using our Services, you agree to be bound by the Terms & Conditions, including the Binding Arbitration Clause and Class Action Waiver described below, and the Privacy Notice. If you do not agree to the Terms & Conditions, then you must not use our Services. If you violate the Terms & Conditions, we reserve the right to deny you access to our Services, together with any and all other legal remedies. The headings used are included for convenience only and will not limit or otherwise affect these Terms & Conditions. Use the Services at your own risk. The content and the Services are for your general Personal Information and use only.The Terms & Conditions are between you and Tower Lending, and they govern your access and use of the Services.


This website presents information and content that is owned or licensed by Deal Upload, Incorporated and its subsidiaries and affiliates represented by the service mark Tower Lending hereafter referred to as (“Tower Lending”). When used in these Terms and Conditions, “we” and “our” mean Deal Upload, Incorporated

Financial Decisions. As with all financial matters, you should exercise great care in using the information provided on this website or available through links from this website. You should research the facts and opinions contained in this information, including speaking to your Tower Lending professional, before making any financial decisions. The information provided on this website is provided to you for information purposes only and does not constitute an offer to sell or buy any product that may be referenced or described on this website. Account information available on this website is not the official record of your account. Nothing on this website should be construed as rendering tax, legal, investment, or accounting advice. The posting of any prospectus or any other information on this website should not be interpreted as a recommendation or opinion that you should make any purchase or sale or participate in any transaction.

Ownership and Use of Content. All of the information and content on this website, including but not limited to all text, graphics, software applications, video and audio files and photos (“Content”) is owned or licensed by Tower Lending, and is protected by worldwide copyright laws and treaty provisions, unless otherwise indicated. You may make and use printouts of the Content for your personal, non-commercial use only, provided that the printouts retain all copyright, trademark, servicemark and other proprietary notices. The use of the Content on any other website or in a networked computer environment for any purpose, or any other republication or redistribution of the Content, including, without limitation, framing the Content within another website, is expressly prohibited without the prior written permission of Tower Lending.

Interest and Fee’s Tower Lending offers a wide variety of commercial loan options with varied interest rates. These are strictly commercial mortgages secured by real estate with a business use. We do not offer consumer mortgage loans. We do not offer unsecured loans.

Trademarks and Service Marks. Tower Lending’s logo is a service marks of Tower Lending. Other proprietary Tower Lending marks may be designated as such from time to time on this site through use of the SM or ® symbols. Except when included in any authorized printouts of the Content, you are not authorized to make any other use of Tower Lending marks, including, but not limited to, as metatags or in any other fashion which may create a false or misleading impression of affiliation or sponsorship with or by Tower Lending.

Security. For your protection, Tower Lending requires the use of encryption technologies for certain types of communications conducted through this website. While we provide those technologies and use other reasonable precautions to protect confidential information and provide suitable security, we do not guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions will be free from delay, interruption, interception or error. In connection with your use of this website, you will establish or otherwise receive from Tower Lending User IDs, Passwords and other security codes (“User Codes”) that you will need in order to access and use certain portions of this website. You are responsible for maintaining the confidentiality of your User Codes. You agree that you will be fully responsible for all activities that occur utilizing your User Codes, and that Tower Lending is not under any duty to inquire as to the authority or propriety of any instructions given to Tower Lending via your User Codes or to otherwise verify the identity of anyone using your User Codes. You agree that Tower Lending shall not be responsible for damages or losses resulting from any breach of security caused by your failure to maintain the confidentiality of your User Codes. If you permit access to your User Codes by third parties, then you agree to defend, indemnify and hold Tower Lending harmless against any liability, losses, damages or costs and expenses (including attorneys’ fees) arising out of, or resulting from, such access and related use of the website. Tower Lending reserves the right to block access to the website for any reason. You also agree to immediately notify Tower Lending if you:Become aware of any loss or theft of your User Codes or Become aware of any unauthorized use of your User Codes.Finally you acknowledge and agree that you will not: (i) collect or store personal data about other users of this website, or (ii) upload, e-mail or otherwise transmit any material that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software, hardware, database or file, or communications equipment that is owned, leased or used by Tower Lending.

E-Mail. Certain portions of this website may offer you the ability to e-mail a message to Tower Lending. E-mail functionality, if any, is provided to you to facilitate communications between you and Tower Lending. You agree, however, that you will not use e-mail to request, authorize or effect the purchase or sale of any securities or other product or service, to change your address or other account information, to change your User Codes, to transmit personal credit information (including credit card numbers), to send fund transfer instructions, or for any other financial transactions that require formal authorization in accordance with applicable law or Tower Lending policies and procedures. Any such requests, orders, or instructions that you send to Tower Lending by e-mail will not be accepted or processed by Tower Lending. Tower Lending shall have no liability for any loss or damage that arises from unaccepted e-mail requests, orders or instructions. Moreover, Tower Lending shall have no liability for any loss or damage that results from interception and/or unauthorized use by third parties of any information you send by e-mail. For information regarding Tower Lending’s use of your e-mail address, please review our Internet Privacy Policy.

Children. This website does not intend to market any Tower Lending products or services to children. Tower Lending does not knowingly gather or solicit data from children through this website for marketing purposes.

Hyperlinks. From time to time, as a convenience for you, we may provide links to third party websites, or permit third parties to link to this website. Links to or from a third party site, whether provided by Tower Lending or not, do not imply any affiliation between Tower Lending and the site owner, or an endorsement, approval, or verification by Tower Lending of any content available on such third party sites. We do not periodically review these third party sites and we are not responsible or liable for the accuracy or completeness of the content on any such third party sites. By providing access to other websites, Tower Lending is not recommending the purchase or sale of products or services provided by the sponsoring organization of any linked site. Subject to the terms of applicable service or other agreements, we will remove any link from this website upon request from the owner of the linked site. Please call our operations department at 888-662-9662 to submit such a request.

Availability. Not all of the products or services described on this website are available in all geographic areas of the United States. You may not be eligible for all of the described products or services and we reserve the right to determine the eligibility of any user for any product or service. The pages relating to each product or service may provide additional information on the availability of each product or service and may contain terms governing eligibility.

NO WARRANTY. NO WARRANTY. WE WILL MAKE EVERY REASONABLE EFFORT TO INCLUDE ACCURATE AND UP TO DATE CONTENT ON THIS WEBSITE. HOWEVER, THE CONTENT ON THIS WEBSITE (INCLUDING ANY GRAPHICS) AND ANY MATERIALS MADE AVAILABLE THROUGH THIS WEBSITE ARE SUBJECT TO APPLICABLE STATUTES AND REGULATIONS, AND ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Tower Lending DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Tower Lending DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON THIS WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT ON THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THIS CONTENT COULD BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER PUBLICATION. Tower Lending UNDERTAKES NO OBLIGATION TO KEEP ANY SUCH INFORMATION CURRENT. Tower Lending ENDEAVORS TO MAINTAIN THIS WEBSITE AND ITS OPERATION, BUT IS NOT, AND CANNOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS WEBSITE OR ITS OPERATION. AS TO THE OPERATION OF THIS WEBSITE, Tower Lending EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Tower Lending MAKES NO WARRANTY THAT (i) THE OPERATION OF THIS WEBSITE WILL MEET THE USER’S REQUIREMENTS; (ii) ACCESS TO THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FREE OF ERRORS; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE WILL BE ACCURATE OR RELIABLE; OR (iv) DEFECTS WILL BE CORRECTED. YOU (AND NOT Tower Lending) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF VISITING THIS WEBSITE.TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL CONTENT ACCESSIBLE ON THIS WEBSITE, OR ANY OTHER WEBSITE TO WHICH WE LINK, AND ALL OPERATIONS ON THIS WEBSITE ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.

NO LIABILITY. . IN USING THIS WEBSITE, YOU SPECIFICALLY AGREE THAT YOU WILL NOT HOLD Tower Lending LIABLE TO YOU OR ANY PARTY FOR ANY DAMAGES OR INJURY OR LOSS, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL PUNITIVE DAMAGES, OR LOST PROFITS, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE (OR ANY OTHER LINKED WEBSITE), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE ON THIS WEBSITE (OR ANY OTHER LINKED WEBSITE). Tower Lending SHALL NOT BE LIABLE EVEN IF Tower Lending OR A Tower Lending AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS OR OTHER HARMFUL COMPONENT.THESE LIMITATIONS ON Tower Lending’S LIABILITY MAY BE DIFFERENT IN CONNECTION WITH PARTICULAR PRODUCTS OR SERVICES THAT ARE OFFERED.

Additional Terms. In connection with different products or services available on this website and other Tower Lending websites, we may have established additional or different terms and conditions. In many instances, our products or services involve sophisticated financial instruments or investments that are regulated by public authorities. As a result, the additional terms and conditions are very important to providing you a thorough understanding of the related products and services. If applicable, these additional or different terms and conditions are available on the web pages associated with the appropriate products or services. You are encouraged to review all of the terms and conditions relating to Tower Lending products or services so that you fully understand their features. In the event of any conflict between the terms and conditions on this website and such additional terms and conditions, the additional terms and conditions shall govern and control. Further, if you have a policy or account with Tower Lending, your customer relationship is also governed by other agreements, such as your policy or account agreement, as applicable.

Additional Information. All information, other than personal information subject to Tower Lending’s Internet Privacy Policy, submitted to Tower Lending through this website or any related Tower Lending website is the property of Tower Lending. Tower Lending shall be free to use any ideas, concepts, know-how or techniques that you may submit to Tower Lending through this website for any purpose, including but not limited to, improving our services. We shall not be subject to any obligations of confidentiality regarding any submitted information except as specified in Tower Lending’s Internet Privacy Policy, as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

Privacy. Please  click here  to view the Tower Lending Internet Privacy Policy.

Recommended Browser. For optimal performance, please use either Netscape Communicator 7.0 or Internet Explorer 5.5 when connecting to this website.

Indemnification. To the fullest extent permitted by law, and except to the extent arising from our gross negligence or intentional misconduct, you agree to indemnify, defend, and hold harmless us, and our employees, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, disbursements, and costs, made by any third party due to or arising out of your breach of these Terms & Conditions, our Privacy Notice, or the documents they incorporate by reference, or your violation of any law or rights of a third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses. You shall not settle any actions or claims on our behalf without our prior written consent.

Governing Law. These Terms and Conditions shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without giving effect to conflict of law principles thereof. The services and products described and information provided through this website are directed to and are intended to be made available only to persons in the United States and are not intended for distribution to, or use by, any person in any other country or any jurisdiction where such distribution or use would be contrary to law or regulation or that would subject Tower Lending to any registration requirement within such jurisdiction or country. Persons who access this website do so on their own initiative, and are responsible for compliance with applicable local laws and regulations.

The Terms & Conditions and any separate agreements whereby we provide you services shall be governed and construed in accordance with the laws of without reference to any conflict of law rules.

You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

 

Arbitration Notice

  • You and we agree that if there is any dispute or claim arising from or related to our Services, these Terms & Conditions, and/or the Privacy Notice it will be resolved by confidential binding arbitration in Dover, DE rather than in court, after first giving Notice of the Dispute (“Notice”) to the other party and the opportunity to discuss resolution within thirty (30) days of such notice. The notice to us should be sent to . This notice must include a description of the nature and basis of the claims the party is asserting, and the relief sought.
  • If you and we are unable to resolve the claims described in the notice within thirty (30) days after the notice is sent, you or Tower Lending may initiate arbitration proceedings. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the provisions of these Terms & Conditions as a court would. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.
  • The Federal Arbitration Act and federal arbitration law apply, and the American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules.
  • The arbitration shall be held in Dover, DE, or at another mutually agreed-upon location. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and us unless the arbitrator requires otherwise.
  • The arbitrator will decide the substance of all claims in accordance with the laws of Delaware including recognized principles of equity and will honor all claims of privilege recognized by applicable law. The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
  • Notwithstanding any provision in these Terms & Conditions to the contrary, you and Tower Lending agree that if we make any change to this section (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate this section, any such termination shall not be effective until thirty (30) days after the version of the Terms & Conditions containing this section is posted to the website and shall not be effective as to any claim that was filed in a proceeding against us prior to the effective date of termination.
  • CLASS ACTION WAIVER: YOU AND Tower Lending AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring a suit in court to enjoin infringement or other misuse of intellectual property rights.
  • Claims and Disputes Must be Filed Within One Year

To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, any cause of action or claim you may have with respect to your use of the Services, including, without limitation, any website or mobile application or other Services-related product, services, or other content must be commenced within one (1) year after the claim or cause of action arises. This section applies to you and your heirs, successors, and assigns.

SEVERABILITY

To the extent that any provision of these Terms & Conditions is deemed to be unlawful, void, or unenforceable, including the binding arbitration clause and class action waiver, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

These Terms & Conditions are effective until terminated. We may terminate this agreement at any time without notice to you and may deny you access to our Services.

NO THIRD-PARTY BENEFICIARIES

There are no third-party beneficiaries to the Terms & Conditions. We shall have the right to assign our rights or delegate any of its responsibilities under these Terms & Conditions to an affiliate or in connection with a merger, consolidation, or reorganization for the sale of substantially all of our assets.

CHANGES TO THESE TERMS & CONDITIONS

We reserve the right to change, modify, or amend these Terms & Conditions at any time to reflect changes in our practices and service offerings. If we modify our Terms & Conditions, such changes will be effective upon posting. It is your obligation to check our current Terms & Conditions for any changes. These Terms & Conditions may only be modified in writing. Any ambiguities in the interpretation will not be construed against the drafter. The changes may include superseding terms and conditions or specific notices. YOU SHOULD REVIEW THESE TERMS AND CONDITIONS FROM TIME TO TIME TO BE AWARE OF ANY CHANGES THAT ARE MADE. Your continuing use of this website constitutes your acceptance of any change or update, all of which shall become controlling when posted.

 

last updated 2/22/24