# TERMS OF SERVICE **Ventus Capital & Services Corp** **Effective Date:** [Date] --- ## 1. ACCEPTANCE OF TERMS By accessing or using the website and services of Ventus Capital & Services Corp, a Florida S-Corporation ("Ventus," "we," "us," or "our"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our services. These Terms constitute a legally binding agreement between you and Ventus Capital & Services Corp. Your use of our services indicates your acceptance of these Terms and our Privacy Policy, which is incorporated herein by reference. ## 2. DESCRIPTION OF SERVICE Ventus operates as a lead generation and referral service that connects real estate investors seeking hard money loans with licensed lending partners. **WE ARE NOT A LENDER.** We do not make loans, provide financing, or guarantee loan approval. Our services include: - Collecting information from potential borrowers seeking hard money loans - Referring qualified leads to our network of licensed lender partners - Facilitating initial introductions between borrowers and lenders - Providing educational resources about hard money lending All lending decisions, loan terms, interest rates, fees, and loan approvals are made solely by our third-party lender partners. Ventus receives referral compensation from lender partners for successful loan closings. ## 3. ELIGIBILITY To use our services, you must: - Be at least 18 years of age - Have the legal capacity to enter into binding agreements - Be a real estate investor seeking business-purpose loans OR a licensed lender seeking borrower referrals - Provide accurate and complete information - Comply with all applicable laws and regulations ## 4. USER REPRESENTATIONS By using our services, you represent and warrant that: - All information you provide is accurate, current, and complete - You will maintain the accuracy of such information - You are seeking loans for business or investment purposes only - You have the authority to bind any entity on whose behalf you are acting - Your use of our services will not violate any applicable law or regulation - You consent to receive communications from us and our lender partners via phone, email, and text message ## 5. IMPORTANT DISCLAIMER - REFERRAL SERVICE ONLY **VENTUS IS A REFERRAL SERVICE, NOT A LOAN BROKER OR LENDER.** We facilitate introductions between borrowers and lenders but do not: - Make lending decisions - Guarantee loan approval or funding - Set loan terms, rates, or conditions - Act as a mortgage broker or loan originator - Provide financial, legal, or investment advice **NO LOAN IS GUARANTEED.** Submission of information through our platform does not constitute a loan application or guarantee that you will receive financing. All lending decisions are made independently by our lender partners based on their own underwriting criteria. ## 6. REFERRAL PROCESS When you submit information through our platform: 1. We evaluate your information for completeness and basic eligibility 2. We may contact you to verify details or obtain additional information 3. We refer qualified leads to appropriate lender partners in our network 4. Lender partners may contact you directly to discuss loan opportunities 5. All subsequent communications and negotiations occur directly between you and the lender We receive referral fees from lender partners for successful loan closings, typically 1-2% of the funded loan amount. ## 7. PROHIBITED USES You may not use our services to: - Provide false, misleading, or fraudulent information - Seek consumer or residential loans (business-purpose loans only) - Violate any applicable laws or regulations - Interfere with or disrupt our services or servers - Attempt to gain unauthorized access to our systems - Harvest or collect user information without permission - Use our services for any unlawful or prohibited purpose - Impersonate any person or entity ## 8. INTELLECTUAL PROPERTY All content, features, and functionality on our platform, including but not limited to text, graphics, logos, images, and software, are owned by Ventus and protected by intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our express written permission. ## 9. USER-SUBMITTED CONTENT By submitting information, content, or materials to us, you grant Ventus a non-exclusive, royalty-free, perpetual license to use, modify, and distribute such content in connection with our services. You represent that you have all necessary rights to grant this license and that your content does not violate any third-party rights. ## 10. THIRD-PARTY LENDER PARTNERS Our lender partners are independent third parties. We do not control their lending decisions, loan terms, business practices, or communications with you. Each lender operates under its own terms and conditions. We are not responsible for: - Lender approval or denial decisions - Loan terms, rates, or conditions offered by lenders - Lender performance or failure to perform - Disputes between you and any lender - The accuracy of information provided by lenders ## 11. NO FIDUCIARY DUTY **VENTUS OWES NO FIDUCIARY DUTY TO USERS.** We are not your agent, advisor, or fiduciary. We operate as an independent referral service and may receive compensation from multiple parties. You should conduct your own due diligence and seek independent professional advice before entering into any loan transaction. ## 12. DISCLAIMERS OF WARRANTIES OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT: - Our services will meet your requirements - Our services will be uninterrupted or error-free - Any information obtained through our services will be accurate or reliable - Any lender will approve your loan request ## 13. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, VENTUS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, OR LOST OPPORTUNITIES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO OUR SERVICES SHALL NOT EXCEED $500. ## 14. INDEMNIFICATION You agree to indemnify, defend, and hold harmless Ventus, its officers, directors, employees, and agents from and against all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to: - Your use of our services - Your violation of these Terms - Your violation of any applicable laws or regulations - Any information or content you submit to us ## 15. TERMINATION We may terminate or suspend your access to our services at any time, with or without cause or notice. Upon termination, your right to use our services ceases immediately. Sections 8, 11-18, and 20 shall survive any termination of these Terms. ## 16. GOVERNING LAW These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Florida. ## 17. ARBITRATION CLAUSE Any dispute, claim, or controversy arising out of or relating to these Terms or our services shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall be conducted in Florida, and judgment on the arbitral award may be entered in any court having jurisdiction. ## 18. CLASS ACTION WAIVER YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS OR CLASS-WIDE ARBITRATION. ## 19. MODIFICATIONS We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website with a new effective date. Your continued use of our services after such modifications constitutes acceptance of the updated Terms. ## 20. CONTACT INFORMATION If you have questions about these Terms, please contact us at: **Ventus Capital & Services Corp** CEO: Remy Hazan Email: [Email Address] Phone: [Phone Number] Address: [Business Address] --- **By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.** *Last Updated: [Date]*