LSM Commercial Terms of Use
​​
1. Welcome to LSMCommercial.com (the “Site”), owned and operated by LSM Commercial, LLC (“LSM”). Site offers forms and other documents (“Forms”) for your use in order to access certain of the Site’s services (“Services”). Please read through the following terms and conditions (the “Agreement”) before using this Site and prior to uploading Forms to the Site. Your continued use of the Site and Forms indicates your acceptance of the Agreement. If you do not agree to these terms and conditions, do not submit information to, or access any information from, this Site.
2. Account. In order to access certain features of the Services, you may have to create an account and become a registered user of the Services. THE SERVICES ARE OFFERED ONLY TO USERS WHO ARE AT LEAST THE LEGAL AGE OF MAJORITY IN THE JURISDICTION IN WHICH THEY RESIDE OR ARE LOCATED. BY USING THE SERVICES, YOU REPRESENT THAT YOU ARE ABLE TO LEGALLY CONTRACT IN THE JURISDICTION IN WHICH YOU ARE LOCATED. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF AN ENTITY OR ANY THIRD-PARTY, SUCH AS YOUR EMPLOYER OR A COMPANY YOU WORK FOR OR CONTROL, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT ENTITY TO THIS AGREEMENT.
3. Third Parties. You acknowledge that by providing Site with your information, Site may provide your information to other trusted companies providing services or products similar to, or complementary with, your requested services or products, so long as those parties agree to keep your information confidential. In some cases, Site may be required to provide your information to a third party in order to complete the Services contemplated hereunder. Further, The Site may contain links or other connections to websites operated by third parties. Site is not responsible for such websites. Our inclusion of such links should not be construed as an endorsement of the material on such websites. Your use of the Site to link to another site is at your own risk.
4. Confidential Information. The Site contains Confidential Information (defined below) of LSM and third parties. We do not allow disclosure of this information to anyone, and we do not permit you to use such information for any purpose other than investing in our offerings or participating in the Services. “Confidential Information” is information that (a) is non-public; or (b) is designated as "confidential" by Site; or (c) is reasonably understood to be confidential. Confidential Information includes non-public information that LSM or its partners or affiliates furnish or otherwise make available on the Site, including documents, reports, insurance policies, forecasts, memos, studies and any other written or electronic materials prepared by LSM or its partners or affiliates. Further, Confidential Information includes loan terms, borrower names, lender names, property information (including without limitation, addresses of properties), information relating to lenders, partners and third-party business and companies, business or strategic plans, pricing, loan agreements, purchase and sale agreements, title insurance reports or policies, information on comparable properties, and various customer names and or identifying information. Non-disclosure. You agree to not disclose any Confidential Information, and you shall not use such Confidential Information except as specifically permitted by this Agreement.. You agree to use at least a reasonable standard of care and diligence in safeguarding the Confidential Information. Exceptions. Your obligations in connection with Confidential Information under these Terms does not apply to Confidential Information which you can demonstrate: (i) was discovered or developed by you independently without reliance on the Confidential Information; or (ii) is required to be disclosed by law, provided that you promptly notify us so that we may have an opportunity to obtain relief in connection with such disclosure.
5. Non-circumvent. You agree not to contact, either directly or indirectly, any borrower, lender or real estate company associated with a property or loan listed on the Site, or any officers, directors, shareholders, consultants, attorneys, employees, agents or other affiliates of said parties, unless such contact is made on the Site using the features of the Site. You further agree not to undertake any transaction or a series of transactions of any kind with any borrower, lender or real estate company associated with a property listed on the Site without directly engaging LSM.
6. Use of Site. The Forms are provided merely as an invitation for information to be submitted. Submission of the Forms does not constitute the creation of a lender-borrower or lender-broker relationship between you and LSM and or any of LSM’s partners or affiliates. And should not be construed as creating a commitment to lend on the part of LSM.
7. Submission of the Forms. By using the Forms, you are certifying that your submission is not prohibited by any confidentiality obligations, employment agreement, or similar contractual obligation. You expressly agree and acknowledge that the information submitted is truthful and does not contain misleading or false statements. You further agree and acknowledge that you have proper authorization to submit the Form and discuss its contents with LSM and or LSM’s designated representatives and partners. By using the Forms and submitting the information, you represent and warrant that you own or otherwise control all of the rights to the content that you provide (or if you are acting on behalf of an entity, that you have the authority to submit the information), that the content is accurate, and that it does not violate the terms of this Agreement.
8. User Content. You are solely responsible for any content (e.g., questions or comments in on-line forums) you submit to the Site (“User Content”). To the extent you submit User Content to the Site, you grant to us and to all other investors a royalty-free, perpetual, irrevocable, non-exclusive, fully paid and transferable right and license to use, reproduce, modify, adapt, publish, distribute, translate, communicate to the public, create derivative works from, perform and display such User Content worldwide without restriction or compensation.
9. Restrictions on your use of the Service. You agree not to access the Site or use the Services in an unlawful way or for an unlawful or illegitimate purpose, including without limitation any violation of the antifraud or registration provisions of the securities laws of the U.S. or any state therefore. You shall not post or transmit via the Services (a) a message or information under a false name; (b) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (c) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You shall not attempt to disrupt the operation of the Services in any manner, including, but through the use of methods such as denial of service attacks, flooding or spamming and you will not transmit, distribute, introduce or otherwise make available in any manner through the Services any computer virus, keyloggers, spyware, worms, Trojan horses, time bombs or other malicious or harmful code. You shall not use the Services in any manner that could damage, disable or impair our services or networks. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the Services. Nothing on the Site should be deemed to constitute a recommendation to purchase, sell or hold, or otherwise to constitute advice regarding, any registered or unregistered security.
10. Disclaimers. LSM does not guarantee nor do we promise any specific results, relating to any other part of the Site or the Services, including loan eligibility. The Site or the Services may be temporarily unavailable at certain times for repair, maintenance or other reasons. LSM assumes no responsibility for any interruption, error, omission, deletion or delay in operation or transmission, theft or destruction or unauthorized access to User communications. We are not responsible for any issues or technical malfunction of any telephone or fiber optic or cellular network, computer systems, servers or providers, computer equipment, software, including injury or damage to your computer related to or resulting from downloading materials in connection with the Site or the Services. Under no circumstances will LSM be responsible for any loss or damage, including personal injury or death, resulting from use of the Site or the Services, or any content on the Site, whether online or offline. At any time, with or without notice, LSM has the right to change any content contained in the Site and any Services offered on the Site. To the fullest extent permitted by law, LSM excludes all representations and warranties relating to use of the Forms and all liability for damages arising out of or in connection with your use of the Forms, the Site, and or the Services This includes, without limitation, direct loss, loss of business or profits, whether or not the loss of such business or profits was foreseeable, arose in the normal course of business, or whether or not you advised LSM of the possibility of such potential loss. By using this Site you acknowledge and agree that LSM does not engage in the business of effecting securities transactions or providing investment advice and is not registered with the U.S. securities and exchange commission or any state securities regulator as a broker-dealer or investment adviser and does not conduct any activity that would require such registration. You further understand that any expense incurred by you or others in pursuit of a Loan, whether paid to the Company or a third party, is not refundable or reimbursable for any reason by Company, including without limitation, appraisals, inspections, or any third-party review services. The closing of a Loan is subject to all applicable terms and conditions, and subject at all times to force majeure events. The provision of this Site, access to and use of the Forms, and all loan applications, processing, underwriting, and closing of loans are subject to delay or cancellation for force majeure events, such as acts of God, riots, acts of war and terrorism, government action, epidemics, power failures, earthquakes, or other disasters, natural or otherwise.
11. In the event that any provision of this Agreement is found invalid or unenforceable by a court of law or other appropriate authority, the invalidity or unenforceability of such provision shall not affect the other provisions of this Agreement which shall remain in full force and effect.
12. This Agreement shall be deemed to have been made and shall be governed by the laws of the State of Connecticut, U.S.A., except for patents, trademarks and copyrights, which shall be governed by and under applicable intellectual property law.
13. BY USING THE SITE, YOU HEREBY UNCONDITIONALLY AND IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, COUNTERCLAIM, OR CROSS-CLAIM ARISING IN CONNECTION WITH, OUT OF, OR OTHERWISE RELATING TO THE USE OF THE FORMS, THE SITE, ANY TRANSACTION ARISING THEREFROM OR RELATED THERETO, OR ANY DISPUTE INVOLVING YOU AND LSM. FURTHER, EXCEPT AS PROHIBITED BY LAW, USE OF THE FORMS CONSTITUTES YOUR ACKNOWLEDGEMENT AND AGREEMENT THAT THIS SECTION 13 IS A SPECIFIC AND MATERIAL ASPECT OF THIS AGREEMENT AND THAT THE COMPANY WOULD NOT OFFER THE SERVICES IF THIS SECTION 12 WAS NOT A PART OF THIS AGREEMENT. 12. AT THE COMPANY’S ELECTION, TO BE ENTERED IN ITS SOLE DISCRETION, ANY LEGAL SUIT, ACTION OFURTHER, YOU WAIVE ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY SUCH SUIT, ACTION, OR PROCEEDING, AND HEREBY IRREVOCABLY SUBMIT TO THE JURISDICTION OF ANY SUCH COURT IN ANY SUIT, ACTION, OR PROCEEDING.
14. "I understand that by filling out this, or any, form, I am asking to learn if I meet eligibility requirements for a loan, and LSM needs to know some of my credit information to determine my eligibility. As such, I authorize LSM to obtain credit information from a credit reporting agency for purposes of this eligibility inquiry. I understand that this is a "soft inquiry" that will not affect my credit score. I certify that I have read and agreed to the Consent to Electronic Disclosures provided here.