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Terms of Use

Draft for legal review. This page is a starting template supplied with the LenderMatrix software. Have it reviewed and completed by qualified counsel before launch, then remove this notice.

Last updated: [date]. Operated by [LEGAL ENTITY NAME], [state and entity type] (“Everything Inc.”, “we”, “us”).

1. Agreement

These Terms govern your access to and use of Everything Inc., including our website, dashboards, Deal Room, messaging, data pages, embeds and APIs (the “Service”). By using the Service, creating an account or clicking to accept, you agree to these Terms, our Privacy Policy, the Marketplace Disclaimer and the Advertising Disclosure. Lenders and brokers also agree to the Lender Subscription Terms. If you use the Service for a company, you confirm you may bind it. If you do not agree, do not use the Service.

2. What Everything Inc. is, and is not

Everything Inc. is an online advertising and marketplace platform. Lenders and brokers publish loan programs and their criteria; borrowers search, compare, and choose whom to contact.

  • We are not a lender, creditor, loan broker, mortgage broker, real estate or business broker, agent, underwriter, insurer, investment adviser, broker-dealer, escrow or title company, appraiser, or fiduciary of any user.
  • We do not make, arrange, negotiate, approve or guarantee loans, and we are not a party to any transaction between users. All discussions, applications, underwriting, commitments and closings happen between users, at their own risk.
  • A “potential match” is an automated comparison between a borrower’s answers and criteria a lender published. It is not an approval, pre-approval, commitment, rate quote or offer of credit.
  • Nothing on the Service is legal, tax, accounting, investment or financial advice, or an offer to sell or a solicitation to buy any security.

3. Eligibility and accounts

You must be at least 18 and able to form a binding contract. Keep your login confidential, give accurate information and keep it current. You are responsible for activity under your account. One person may not impersonate another or open accounts to evade a suspension.

4. User content and listings

Programs, profiles, financing requests, messages and other material are created by users, who are solely responsible for their accuracy, legality and upkeep. We do not create, verify, endorse or guarantee user content, a lender’s licensing or authority, a borrower’s statements, or that any program is available. Rates, fees and terms shown are lender-provided, indicative and subject to change.

You keep ownership of what you submit. You grant us a worldwide, non-exclusive, royalty-free license to host, reproduce, display, format, distribute and promote that content in connection with operating and marketing the Service, including in search results, embeds, data pages and machine-readable formats. You confirm you have the rights to grant this license.

5. Borrowers

Using the marketplace as a borrower is free unless an optional paid feature is clearly offered to you. You decide which lenders receive your request. If you list a request in the Deal Room, an anonymous summary is shown to subscribed lenders; your identity and contact details are shared with a lender only when you reply to that lender. Provide truthful information: lenders rely on it. Do your own due diligence on any lender, and never pay an upfront fee to “secure” or “guarantee” a loan. See Scam Prevention.

6. Lenders and brokers

You are responsible for your own licenses, registrations, disclosures (including commercial financing disclosures where they apply), fair lending and advertising compliance, and for every credit decision. Publish only programs you actually offer, keep criteria current, identify yourself accurately as a direct lender or a broker, and use borrower information only to evaluate and respond to that borrower’s request. Do not resell, share or scrape leads, and do not charge borrowers undisclosed or unlawful advance fees.

7. Paid placement

“Featured”, “Sponsored” and similar labels identify paid advertising placement only. They are not an endorsement, verification or approval, and they never change eligibility rules or match scores.

8. Acceptable use

You will not: break the law or help others to; post false, misleading, discriminatory or infringing content; harass or spam other users; solicit users for services unrelated to their request; attempt to gain unauthorized access, probe or disrupt the Service; scrape, harvest or bulk-copy data except through the public endpoints we document and within their limits; circumvent plan limits, introduction limits or technical protections; upload malware; or use the Service to collect sensitive personal data such as Social Security numbers, bank logins or identity documents. We may remove content and suspend or close accounts that create risk for users or for us.

9. Fees

Paid plans, promotions and other paid features are described at the point of purchase and in the Lender Subscription Terms. Subscriptions renew automatically until cancelled. Except where the law requires or we state otherwise, fees are non-refundable.

10. Third parties

The Service may link to or rely on third parties (for example payment processing, email delivery, security challenges and analytics). Their terms and privacy policies govern their services. We are not responsible for third-party sites, products or conduct, including that of other users.

11. Intellectual property

The Service, its software, design, text, data compilations and trademarks belong to us or our licensors. We grant you a limited, revocable, non-transferable right to use the Service for its intended purpose. Badges and embeds we provide may be used only as supplied and only while your listing is active. If you believe content infringes your copyright, send a notice with the information required by 17 U.S.C. § 512(c)(3) to [email protected].

12. Disclaimers

THE SERVICE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT ANY USER WILL OBTAIN FINANCING, RECEIVE REQUESTS, OR COMPLETE A TRANSACTION.

13. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR OWNERS, OFFICERS, EMPLOYEES AND AGENTS ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL OR FINANCING, ARISING FROM THE SERVICE, USER CONTENT, OR DEALINGS BETWEEN USERS. OUR TOTAL LIABILITY FOR ALL CLAIMS IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE OR ONE HUNDRED U.S. DOLLARS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITS, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU.

14. Indemnity and release

You will defend, indemnify and hold us harmless from claims, losses and costs (including reasonable legal fees) arising from your content, your use of the Service, your dealings with other users, or your breach of these Terms or the law. You release us from claims arising out of disputes between you and other users.

15. Disputes

Contact [email protected] first; most concerns are resolved informally within 30 days. [COUNSEL TO COMPLETE: governing law and venue; whether to require binding individual arbitration with a class-action waiver and small-claims carve-out; notice address.]

16. Suspension, termination and changes

You may close your account at any time. We may suspend or end access, remove content, or change or discontinue features, with notice where practical. Sections that by their nature should survive (including 4, 11 to 15) survive termination. We may update these Terms; the revised version applies from the date posted, and material changes will be notified to account holders. Continued use means acceptance.

17. General

These Terms and the documents they reference are the entire agreement between you and us about the Service. If a provision is unenforceable the rest remains in effect. Our failure to enforce a right is not a waiver. You may not assign these Terms without our consent; we may assign them in a merger, sale or reorganisation. Questions: [email protected] or our contact page.