Terms & Conditions

Website

This Site and any products and services (products and services, collectively, “Earnest Bridge Products”) of Earnest Bridge LLC (the “Earnest Bridge” “we”, “us”, or “our”) available through this Site are delivered subject to the terms set forth in these Terms of Service. You acknowledge that this Site is the property of Earnest Bridge and its licensors. In using any webpage, website, or other aspect of this Site, you hereby agree to be bound by these Terms of Service.

Earnest Bridge offers the Site to you based on your acceptance of these Terms of Service without modification. Earnest Bridge reserves the right and may, from time-to-time, make changes to Earnest Bridge Products or to these Terms of Service. Any changes or modifications to the Terms of Service will be effective upon upload to the Site. You acknowledge that it is your sole responsibility to periodically review these Terms of Service to remain apprised of any changes, revisions, or updates. Your ongoing and continued use of Earnest Bridge Product and/or the Site, following any revision, change, modification, or update to these Terms of Service, constitutes your acceptance of the modified Terms of Service.

Content and Proprietary Rights

All text, graphics, user interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content contained on the Site is owned, controlled or licensed by or to Earnest Bridge and is protected by applicable U.S. and foreign copyright, patent, and trademark laws, including various other intellectual property rights and unfair competition laws. Certain other words and symbols used to identify the source of third-party goods and services are trademarks of their respective owners. Display of any such trademarks or service marks on the Site does not imply that a license of any kind has been granted.

Except as expressly provided in these Terms of Service, no part of the Site or its Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Earnest Bridge's prior written consent. Any unauthorized use, downloading, re-transmission, display, distribution or other copying, or modification of any copyrightable matter in the above and/or the Content on the Site is strictly prohibited, and may result in legal action against those engaging in such activities.

Use of Earnest Bridge Products

This Site contains information about Earnest Bridge and Earnest Bridge Products. You may download, view, copy, and print information and related agreements or documents from the Site for your personal use and retention. You may also copy, print, and view such materials provided that no material alterations or modifications are made either to the materials or to any proprietary notices. You understand and acknowledge that you are solely responsible for any actions you take in connection with your use of the Site, Earnest Bridge Products, and any data, material, or information (“Data”) you share through the Site. You agree not to reproduce, transmit, disseminate, broadcast, circulate, republish, duplicate, sell, modify, upload, post, or otherwise distribute or commercially exploit the Site, or any portion of the content of the Site, in any way without Earnest Bridge's prior written consent.

You may not link to this Site without the permission of Earnest Bridge. You agree not to store, upload, or transmit to or via the Site any Data that: (a) infringes upon, or violates any copyright, patent, trademark, trade secret or other proprietary right; (b) is defamatory, libelous, or threatening; (c) is known by you to be false or inaccurate; or (d) violates any applicable law, treaty, or regulation. You agree you will neither upload nor transmit to the Site any Data containing any virus, worm, or other harmful feature. You agree not to interfere, in any way, with others' use of the Earnest Bridge Products and you will not attempt to gain unauthorized access to the account, computer system, or Data of another user.

In addition to the above, you are prohibited from: (a) engaging in any act where you know, or have reason to know, that such act may disrupt the Site's functionality; (b) translating, decompiling, reverse engineering, or otherwise attempting to obtain access to source code of any software located on the Site (the “Software”); or (c) using the Site in any way that violates local, state, federal, or international law. Without limiting the foregoing, certain Software may be subject to export controls imposed by the U.S. and may not be downloaded or otherwise exported or re-exported into (or otherwise shared or sent to any national or resident of) a country subject to U.S. embargo; (b) to any person listed on the Office of Foreign Assets Control (“OFAC”) Specially Designated Nationals (“SDN”) list; (c) the U.S. Commerce Department's Table of Denial Orders; or (d) you agree not to attempt to log on to the website from any country under sanctions by the Office of Foreign Assets Control (OFAC). If you use the Software, you represent and warrant that you are not on any of the above-referenced lists or otherwise located in, or subject to the control of, any such country on any of the foregoing lists.

Earnest Bridge Products are available to all commercial real estate investors. However, Earnest Bridge reserves the right to determine your eligibility for any Earnest Bridge Product and, as such you may not be eligible for all Earnest Bridge Products.

You may use information related to Earnest Bridge Products made available in connection with downloading from the Site, provided that you: (a) do not remove any proprietary notice language in such documents; (b) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any medium; (c) make no modifications to such information; and (d) do not make any additional representations or warranties to any party in connection with your use of such documents.

The products and services described in various webpages on the Site, as applicable, may only be offered in certain jurisdictions where they may be legally offered for sale or designated by Earnest Bridge in its sole discretion. The Site is not intended for distribution to, or use by, any person in any jurisdiction or country where such distribution or use would be restricted, prohibited, or otherwise contrary to law or regulation.

Communications Consent

By providing your phone number, you consent to receive SMS/text messages from Earnest Bridge related to your account or services. Message and data rates may apply. Consent to receive messages is not a condition of purchase. You can unsubscribe at any time by replying STOP or request help by replying HELP.

Site Confidentiality and Security

Certain features or services offered through the Site may require you to open an account (including setting up a username and password). You are solely responsible for maintaining confidentiality of your account information, including your password, for any and all activity related to your account. You further agree to establish commercially reasonable security procedures and controls to protect your confidential information. You agree to notify Earnest Bridge immediately of any unauthorized use, or any other breach of security, including suspected or actual account “phishing” incidents. You understand that you may be held liable for losses incurred by Earnest Bridge or any other user of or visitor to the Site due to an unauthorized party using your login information, password or account. You agree not to use anyone else's name, password, or account to access the Site at any time without the express permission and consent of such party. You acknowledge that Earnest Bridge will not be liable for any loss or damage arising from your failure to comply with these obligations. Please do not send or otherwise transmit confidential information to us over the Internet, or request that we transmit confidential information to you. Earnest Bridge will not be responsible or in any way liable for any losses or damages you may incur as the result of such communication that may occur over the Internet.

Third-Party Links and Advertisements

You understand and acknowledge that Earnest Bridge provides links to third-party websites. You agree that Earnest Bridge is not responsible for any content related to such links or sites, including any products, services, privacy policies or other materials accessed through such third-party links or websites. The display of any website link does not imply endorsement by Earnest Bridge of the linked site or any content found on such site.

When you visit or log in to our website, cookies and similar technologies may be used by our online data partners or vendors to associate these activities with other personal information they or others have about you, including by association with your email or online profiles. We (or service providers on our behalf) may then send communications and marketing to these emails or profiles. You may opt out of receiving this advertising by clicking here.

IN NO EVENT SHALL EARNEST BRIDGE BE LIABLE, DIRECTLY OR INDIRECTLY, TO YOU OR TO ANY PARTY FOR ANY DAMAGE OR LOSS ARISING FROM, OR RELATING TO, ANY USE, CONTINUED USE OR RELIANCE ON ANY LINKED THIRD-PARTY SITE OR ANY OTHER LINK FOUND ON SUCH LINKED SITE.

Children Online Privacy Protection Act

This Site will not, and does not intend to, market any Earnest Bridge Products or related services to children. Earnest Bridge does not knowingly gather or solicit data from children through the Site, and by using the Site you represent that you are an adult who is at least 18 years of age.

Modification or Discontinuance of Certain Earnest Bridge Products

You understand that, at any time and without notice to you, and for any reason whatsoever, Earnest Bridge may modify or discontinue all or any part of the Earnest Bridge Products. You acknowledge that Earnest Bridge shall in no way be held liable for any consequence resulting from Earnest Bridge's decision to modify or discontinue providing all or any part of the Earnest Bridge Products.

Disclaimers

EARNEST BRIDGE DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE, OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. EARNEST BRIDGE DOES NOT WARRANT THE ACCURACY, COMPLETENESS, QUALITY, ADEQUACY OR CONTENT OF ANY INFORMATION OR TOOL ON THE SITE OR ANY OTHER WEBPAGE OR WEBSITE LINKED OR REFERENCED ON THE SITE, NOR DOES EARNEST BRIDGE MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY OTHER WEBPAGE OR WEBSITE LINKED OR REFERENCED ON THE SITE. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. EARNEST BRIDGE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. EARNEST BRIDGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT. EARNEST BRIDGE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY OF EARNEST BRIDGE'S SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST EARNEST BRIDGE FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS AN ESSENTIAL PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. Earnest Bridge reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

EARNEST BRIDGE WILL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOST REVENUES, LOST PROFITS OR PROSPECTIVE ECONOMIC ADVANTAGE, RESULTING FROM ANY USE OR MISUSE OF THE SITE OR ANY OTHER WEBPAGE OR WEBSITE LINKED OR REFERENCED ON THE SITE, OR RELIANCE ON THE INFORMATION, DOCUMENTS, SOFTWARE OR CONTENT HEREOF OR THEREOF, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH ARE REASONABLY FORESEEABLE.

Indemnification

You agree to indemnify and hold Earnest Bridge, its subsidiaries, affiliates, officers, agents, and representatives, and its and their officers and employees, harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including reasonable attorneys' fees, disbursements, and court costs) arising from or in connection with your use of Earnest Bridge's Products, your violation of these Terms of Service, or your violation of any rights of any third party.

Governing Law

The laws of the State of Florida, USA will govern these Terms of Service, without giving effect to any conflicts of laws principles. You agree that any action arising out of the Terms of Service, or your use of the Earnest Bridge Products, shall be brought in state or federal court in Florida, USA, and you consent to the jurisdiction of such courts.

Third-Party Companies and Products

Mention of third-party products, companies and websites on the Site is for informational purposes only and neither constitutes an endorsement nor a recommendation. Earnest Bridge assumes no responsibility and disclaims any and all liability with regard to the selection, performance or use of these products or vendors.

Earnest Bridge provides this only as a convenience to our users. Earnest Bridge has not tested any software found on these sites and makes no representations regarding the quality, safety, or suitability of any software found there. There are dangers inherent in the use of any software found on the Internet, and Earnest Bridge assumes no responsibility with regard to the performance or use of these products. Make sure that you completely understand the risks before retrieving any software on the Internet.

Third-Party Account Information

By using any applicable online banking or account linking service or any similarly applicable service throughout the Site, you authorize Earnest Bridge and its agents to access third party sites designated by you or on your behalf, to retrieve information requested by you, and you appoint Earnest Bridge and its agents as your agent for this limited purpose. Each time you enter your account login information, you are permitting Earnest Bridge and its agents to process your request and use information submitted by you to accomplish the foregoing.

Miscellaneous

You may not assign or otherwise transfer these Terms of Service or any rights or obligations under these Terms. Earnest Bridge's failure to act on any breach of any provision of these Terms shall not be construed as a waiver of the enforcement of any provision unless Earnest Bridge agrees to such waiver in writing.

If any part of these Terms of Service is deemed unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of remaining provisions. These Terms of Service set forth the entire understanding between you and Earnest Bridge with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and Earnest Bridge with respect to such subject matter.