Last updated January 4, 2019

Welcome to CRE Simple. CRE Simple, Inc., a Delaware corporation (“CRE Simple,” “we,” or “us”) provides the web site at www.cresimple.com, including any subdomain thereof (the “Site”, and together with the CRE Simple service and network, including any new features and applications, the “Service”), you signify that you have read, understand and agree to be bound by these terms of use (as they may be amended from time to time, the “Terms of Use”), regardless of whether you have created an account on the Service, or whether you have applied for our products or services. For purposes of these Terms of Use, the term “you” includes you and any of your agents (such as a broker using the Service and acting on your behalf), and any principal (such as an LLC or other entity) on whose behalf you are acting when accessing the Site. For the avoidance of doubt, if you are accessing the Service or applying for our products or services on behalf on an LLC, corporation, partnership, trust, or other person or entity, you represent that you have the authority to agree to our Terms of Service on behalf of the entity and that your use of the Site shall constitute the person or entity’s agreement. The term “User” means any individual, including you, as well as any business entity, who accesses or uses the Site themselves or through an agent. We reserve the right, at our sole discretion, to change or modify portions of these Terms of Use at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Service user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Service or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Use.

In addition to these Terms of Use, you may enter into other agreements with us or others that will govern your use of the Service or related services offered by us or others. If there is any contradiction between these Terms of Use and another written agreement you enter into applicable to specific aspects of the Service, the other written agreement shall take precedence in relation to the specific aspects of the Service to which it applies.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitations, the Privacy Policy. All such terms are hereby incorporated by reference into these Terms of Use.

Changes to Terms of Use

We may make changes to these Terms of Use from time to time. If we do this, we will post the changed Terms of Use on the Service for your review. You understand and agree that your continued use of the Service after we have made any such changes constitutes your acceptance of the new Terms of Use.

Eligibility

The Service is intended solely for Users who, if they are a natural person, are eighteen (18) years of age or older, and any registration by, use of or access to the Service by anyone under 18 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service, you represent and warrant that you are 18 or older and that you agree to abide by all of the terms and conditions of these Terms of Use. If you violate any of these Terms of Use, or otherwise violate an agreement between you and us, or for any other reason, we may terminate your account, delete your profile and any content or information that you have posted on the Service, and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service), at any time in our sole discretion, with or without notice, including without limitation if we believe that you are under 18. You agree that we will not be liable to you or any third party for any termination of your account.

Registration Data: Account Security

You may be required to register with us in order to access and use certain features of the Service. In consideration of your use of the Service, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account.

You agree to (i) immediately notify us of any unauthorized use of your password or account or any other breach of security and (ii) ensure that you exit from your account at the end of each session when accessing the Service. You agree not to hold CRE Simple liable for any loss or damage arising from your failure to comply with this Section.

Proprietary Rights in Service Content and Software; Limited License

All content on the Service, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the “Service Content”), are the proprietary property of CRE Simple with all rights reserved. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission, except as provided in the following sentence and except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, and subject to this Terms of Use, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Service Content solely for your use and not for distribution, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content (as defined below), you may not republish Service Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Service Content is strictly prohibited. In connection with your use of the Service, you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by CRE Simple from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).

The technology and software underlying the Service or distributed in connection therewith are the property of CRE Simple, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by CRE Simple.

Any use of the Service or the Service Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by us at any time without notice and with or without cause.

Trademark Rights

CRE Simple and other graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of CRE Simple in the U.S. and/or other countries. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without our prior written permission.

User Representations

You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of other Users of the Service by electronic or other means for any purpose. Additionally, you agree not to use automated scripts to collect information from the Service for any purpose. You further agree that you may not use the Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Service.In addition, you agree not to use the Service to:

  • upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
  • interfere with or disrupt the Service or servers or network connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  • register for more than one account, register for an account on behalf of an individual other than yourself, or register for an account on behalf of any group or entity unless you are an authorized agent of that business or entity with authority to register for an account on its behalf;
  • impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
  • upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
  • upload, post, transmit, share, store or otherwise make publicly available on the Service any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  • access personally identifying information of other Users without that User’s authorization;
  • solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
  • upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • intimidate or harass other Users;
  • upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, or any regulations having the force of law;
  • harvest or collect email addresses or other contact information of other Users from the Service by electronic or other means;
  • advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
  • further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
  • use or attempt to use another’s account, service or system without our written authorization, or create a false identity on the Service;
  • upload, post, transmit, share, store or otherwise make available content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose CRE Simple or its Users to any harm or liability of any type; or obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
  • use an account opened in the name of a business or entity for the benefit of a different person, business or entity;
  • use an account or the Service for any unlawful purpose; or
  • represent that you are affiliated with the CRE Simple in any way without our prior written consent.

User Content Posted on the Service

You are solely responsible for the photos, profiles, messages, notes, text, information, contact information for you or others or other content that you upload, publish, provide or display (hereinafter, “post”) on or through the Service, or transmit to or share with other Users (collectively the “User Content”). You understand and agree that CRE Simple may, but is not obligated to, review and delete or remove (without notice) any User Content in its sole discretion, including without limitation, User Content that in our sole judgment violates these Terms of Use, might be offensive or illegal, or might violate the rights of, harm, or threaten the safety of, Users or others.

By posting User Content to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to CRE Simple an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Service at any time. If you choose to remove your User Content, the license granted above will not expire.

Some Users may be authorized to review personal information (including credit data) and property data posted by other Users on the Service. If you have such authorization to review personal information of other Users, you are not authorized to disclose or otherwise use such information for any purpose other than assessing the creditworthiness of other Users and potential loans.

You acknowledge and agree that we may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or governmental requests; (b) enforce these Terms of Use; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of CRE Simple, its Users or the public. You understand that the technical processing and transmission of the Service, including your content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

Copyright Complaints

If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent as set forth below:

CRE Simple, Inc.
Attn: Compliance Department
548 Market Street #97694
San Francisco, CA 94104

To meet the notice restrictions under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, CRE Simple has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the memberships or accounts of Users who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Service and/or terminate the accounts/memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Third Party Content, Services, and Links to Other Internet Sites

Our Service may contain links to other websites, merchandise, and services provided, owned or operated by third parties (“Third Party Services”); these links do not imply our endorsement or approval of Third Party Services or any related material. The Third Party Services are not under our control and we are not responsible for the availability, content, products, services, advertising, or other materials available on the Third Party Services. The privacy policies of Third Party Services may provide less security than our web sites so we strongly encourage you to read the third party’s privacy policy before sharing any information with that third party. All matters concerning Third Party Services are solely between you and the third party. We make no warranties or representations whatsoever with regard to any Third Party Service and we are not responsible or liable to you for any damages, losses, or injuries of any kind arising out of your use of any Third Party Service.

Consent to Electronic Transactions and Disclosures

Because CRE Simple operates only on the Internet, you must consent to conduct business with us and receive disclosures electronically. You agree to receive electronically all documents, communications, notices, contracts, and agreements, including any IRS Form 1099, related to (i) any loans you may request or receive, (ii) your registration as a borrower or investor on our Site, (iii) any loans you may receive from us, (iv) your use of this Service, or (v) the servicing of your loan, (each, a “Disclosure”).. The term “IRS Form 1099” refers to any Form 1099 or other Form, Schedule or information statement, including corrections of such documents, required to be provided pursuant to U.S. Internal Revenue Service rules and regulations and that may be provided electronically. The decision to do business with us electronically is yours. This document informs you of your rights concerning any Disclosures. Before you decide to do business electronically with us, you should consider whether you have the required hardware and software capabilities described below.

Electronic Communications

Any Disclosures will be provided to you electronically through CRE Simple.com either through the Service or via electronic mail to the email address you provided. If you require paper copies of such Disclosures, you may write to us at the mailing address provided below and a paper copy will be sent to you. If you do not consent to receive an IRS Form 1099 electronically, a paper copy of any IRS Form 1099 required to be delivered to you at no cost after the effective time of your failure to consent or revocation of consent will be sent to you. However, a fee may be charged for any additional or replacement copies of such IRS Form 1099. A request for a paper copy of any Disclosure will not be considered a withdrawal of your consent to receive Disclosures electronically. Any IRS 1099 Forms provided electronically will remain accessible through at least October 15 of the year in which such IRS Form 1099 is made available; after that time the IRS Form 1099 may no longer be accessible electronically. We may discontinue electronic provision of Disclosures at any time in our sole discretion.

Scope of Consent

Your consent to receive Disclosures and transact business electronically, and our agreement to do so, applies to any transactions to which such Disclosures relate, whether between you (or your agents) and us. Your consent will remain in effect for so long as you are a User and, if you are no longer a User, will continue until such a time as all Disclosures relevant to transactions that occurred while you were a User have been made.

Hardware and Software Requirements

In order to access and retain Disclosures electronically, you will need: a computer with any of the following operating systems: Windows XP or higher, OS X (Apple Macintosh) or higher; an Internet connection with an internet browser that is compatible with and supported by your operating system (i.e. Internet Explorer 10 or higher, Firefox 31.2 or higher, Google Chrome 38 or higher, or Safari 6.2 or higher); Software that accurately reads and displays .pdf files (such as Adobe Reader 8.0 or higher); a printer and/or storage device if you wish to print or retain any electronic documents.

Additional Mobile Technology Requirements

If you are accessing the Service and the Disclosures electronically via a mobile device (such as a smart phone, tablet, and the like), in addition to the above restrictions you must make sure that you have software on your mobile device that allows you to print and save the Disclosures presented to you during the application process. These applications can be found for most mobile devices in the device’s respective “app store”. If you do not have these capabilities on your mobile device, please access the Service through a device that provides these capabilities.

Withdrawing Consent

You may withdraw your consent to receive Disclosures electronically by contacting us at the address below. However, once you have withdrawn your consent you will not be able to submit loan requests on our Service. If you have a pending loan request on our Service when you withdraw your consent to receive Disclosures electronically, we will terminate your request and remove it from our system. If you have already received a loan, all previously agreed to terms and conditions will remain in effect, and we will send Disclosures to your verified home address provided during registration. If you are an investor member on the Service and you withdraw your consent to receive Disclosures electronically, you may continue to contribute funds to requests on the Service. If you have already purchased one or more loans, all previously agreed to terms and conditions will remain in effect, and we will send Disclosures to your verified home address provided during registration.

If you withdraw your consent to receive IRS Forms 1099 electronically, we will confirm your withdrawal and its effective date in writing by email. Such withdrawal will take effect for the calendar year in which it is made so long as such withdrawal is made before November 1 of such calendar year.

How to Contact Us regarding Electronic Disclosures

You can contact us via email at compliance@cresimple.com or by calling Member Support at 415-805-8305. You may also reach us in writing to us at the following address: 548 Market Street #97694, San Francisco, CA 94104.

You will keep us informed of any change in your email or home mailing address so that you can continue to receive all Disclosures in a timely fashion. If your registered email address changes, you must notify us of the change by sending an email to help@cresimple.com or calling 415-805-8305. You also agree to update your registered residence address and telephone number on the Site if they change.

You will print a copy of these Terms of Use for your records and you agree and acknowledge that you can access, receive and retain all Disclosures electronically sent via email or posted on the Service.

Special Notice for International Use; Export Controls

Software (defined above) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

Cellular Phone Contact Policy

By providing us with a telephone number for a mobile device, including a number that you later convert to a mobile device number, you are expressly consenting to receiving communications—including but not limited to prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system—from us and our affiliates and agents at that number, about any product or services offered by CRE Simple. This express consent applies to each such telephone number that you provide to us now or in the future. Calls and messages may incur access fees from your mobile services provider. You understand that you need not provide this consent as a condition of obtaining goods or services from CRE Simple, and that you may decline to provide or revoke your consent at any time by emailing compliance@cresimple.com or by any other method that reasonably ensures we receive your revocation.

Monitoring and Recording Communications

By providing us with a telephone number for a mobile device, including a number that you later convert to a mobile device number, you are expressly consenting to receiving communications—including but not limited to prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system—from us and our affiliates and agents at that number, about any product or services offered by CRE Simple. This express consent applies to each such telephone number that you provide to us now or in the future. Calls and messages may incur access fees from your mobile services provider. You understand that you need not provide this consent as a condition of obtaining goods or services from CRE Simple, and that you may revoke your consent at any time.

Commercial Use

Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

User Disputes

You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.

Disclaimers

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CRE SIMPLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

CRE Simple does not guarantee the accuracy of any User Content or Third Party Services. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post on the Service and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Service or in connection with any User Content or Third Party Services. CRE Simple is not responsible for the conduct, whether online or offline, of any User of the Service. We cannot guarantee and does not promise any specific results from use of the Service to obtain a loan.

The Service may be temporarily unavailable from time to time for maintenance or other reasons. CRE Simple assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. CRE Simple is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or on the Service or combination thereof, including injury or damage to Users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will CRE Simple be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Service, any User Content or content from Third Party Services posted on or through the Service or transmitted to Users, or any interactions between Users of the Service, whether online or offline.

CRE Simple reserves the right to change any and all content contained in the Service at any time without notice including, without limitation, permanently discontinuing any portion of the Service. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by CRE Simple.

Limitation on Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL THE COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICES OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SITE, EVEN IF WE ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, SHALL NOT EXCEED ONE THOUSAND US DOLLARS ($1000). YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION.

CERTAIN FEDERAL AND STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Governing Law; Jurisdiction; Arbitration

By visiting or using the Site and/or the Service, you agree that the laws of the State of Delaware, without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction, will govern these Terms of Service. By agreeing to the Terms and using the Website and the Service, you agree to submit to personal jurisdiction in Delaware for all purposes, and you agree to waive, to maximum extent permitted by law, any right to a trial by jury for any matter. Unless otherwise agreed in writing by you and us, any dispute arising out of or relating to the Terms, or any breach thereof, shall be finally resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, or such arbitration body as required by law, rule or regulation, and final judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitration will be conducted in the English language before a single arbitrator in Delaware. Such arbitration must be commenced within one (1) year after the claim or cause of action arises. Notwithstanding the foregoing, either CRE Simple or you may apply to any court of competent jurisdiction for injunctive relief without breach of this arbitration provision. If you obtain a loan, the terms of the loan will be governed by the provisions set forth in your loan documents.

Indemnity

You agree to release, indemnify and hold the Company, our subsidiaries and affiliates, and each of their respective directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with (i) your use of the Services or the Site, (ii) any Third Party Content that is posted or shared on or through the Site, (iii) your reliance on any content that is posted on the Site or accessed through the Services, (iv) your conduct in connection with the Services or the Site or with other Users of the Services or the Site, (v) mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance of the Services, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access, or (vi) any violation of these Terms of Service or of any law or the rights of any third party. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Services (“Submissions”), provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Other

These Terms of Use constitute the entire agreement between you and CRE Simple and govern your use of the Service, superseding any prior agreements between you and CRE Simple with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. The failure of CRE Simple to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Use without the prior written consent of CRE Simple, but we may assign or transfer these Terms of Use, in whole or in part, without restriction. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Use or other matters by displaying notices or links to notices generally on the Service.

Questions

Please contact us at: info@cresimple.com

Last updated January 4, 2019

The website (“Site”) for CRE Simple, Inc. (“CRE Simple,” “we,” or “us”), was created to provide information about our company and services (together with the Site, the “Services”). We value the privacy of our Service visitors (“you,” “your,” or “user”), and in order to protect your personal information, we have implemented the following Privacy Policy with provisions that apply to the collection of data by CRE Simple, its subsidiaries, and its affiliates. If you have questions or concerns regarding this statement, you should first contact us at info@cresimple.com.

Our Privacy Policy discloses the type and nature of information we collect and how we use it, as well as the choices you can make about the way your information is collected and used. We also explain how any requests for personal or personally identifiable information will be used. Finally, we present our Security Policy, which outlines how your personal information is protected.

Information We Collect

CRE Simple collects personal and financial information from you when you visit the Site to provide and improve services. The majority of information is collected during the registration and/or application process and, while some items are optional, most are required for legal or security purposes. You may choose to provide additional information during subsequent visits to the Site, but keep in mind that some of this information will be required if you wish to partake in the Services.

In general, the type of information we collect includes, but is not limited to:

  • Personal data required to verify your identity;
  • Personal and financial data necessary to assess your eligibility to utilize the Services on the CRE Simple platform; and
  • Non-identifiable and aggregated personal data pertaining to your Site visits that help us maintain the appropriate features, functionality and user experience.

Personal Data

Lending applications will require you to provide basic personal data. Such information typically includes your name, email address, home address and phone number, date of birth, social security number and/or tax identification number, occupation, and job title. CRE Simple uses this data to: (i) enable you to log in to the Site; (ii) determine your credibility to partake in lending opportunities; (iii) verify that you are at least 18 years of age; (iv) guard against potential fraud; (v) contact you if there is a problem with your account; and (vi) maintain regular communications with you as may be necessary.

CRE Simple will also gather the names and email addresses of users who contact us through the Site with questions about our company or lending platform. We collect this information for the sole purpose of responding to such inquiries and do not store the contact information unless requested to do so, as in the case of job applicants who submit resumes.

Financial Data for Borrowers

You will be asked to provide and disclose financial data when filling out an application to partake in lending services. Such information may be shared with third parties. See “How and When Your Information Is Shared With Other Parties” for more details.

Non-Identifiable Data and Aggregated Personal Data

Regardless of whether you register for an account or submit an application, CRE Simple may send one or more “cookies” to your computer. Cookies are small text files placed on your web browser when you visit our Site that store information on your computer, such as your Site preferences. We use cookies when you sign in to keep track of your personal session, including some account identifiers to ensure that you are the only person making changes to your account. We also use cookies to track your activity on the Site as a unique person. For security purposes, all of this information is stored in encrypted form. At no point during this process do we store your personal information.

You can set your web browser to inform you when cookies are set, or to prevent cookies from being set altogether. Please note, however, that if you decline to use cookies, you may experience reduced functionality and slower site response times. In some instances, declining to use our authentication-related cookies may prevent you from using the website entirely.

CRE Simple (or our service providers, such as Google Analytics) may also collect web surfing data related to your use of the Site. Such information may include: your Internet Protocol (“IP”) address, browser type, and internet service provider (“ISP”); your operating system; which of our web pages you access and how frequently you access them; referral or exit pages; click stream data; and the dates and times that you visit the Site. This data may be collected using cookies, web beacons, page tags or similar tools. As with cookies, the web surfing information is anonymous, “click stream” transactional data that is not associated with any users as individuals.

Web surfing data and similar information may be aggregated for administrative purposes. CRE Simple may, for example, use this aggregated information in the administration of the Site to improve its usability and to evaluate the success of particular marketing and advertising campaigns, search engine optimization strategies, and other marketing activities. We also use it to help optimize the Site based on the needs of our users.

How and When Your Information Is Shared With Other Parties

CRE Simple does not sell or rent personal information about its users for marketing purposes. We do, however, work with a number of trusted partners who require limited access to our data to perform vital functions as part of our operations.

Sharing of Borrower Information

If you are a potential borrower, then as part of the loan application process, we may verify information contained in the loan application and in other documents required in connection with the loan, either before the loan is closed or as part of our quality control program. Your information may also be shared with any partner who may issue your loan, any investor who may participate in the loan, and to any loan guaranty insurer. Such data may include, but is not limited to, employment history and income; bank, money market, and similar account balances; credit score and credit history; copies of income tax returns; and consumer report information. Such data may be provided to users of the platform to aid in their decision to commit funds.

CRE Simple also works with (among others) providers of hosting services for the Site, electronic signature providers, and electronic payment service providers. We may engage third parties to help us carry out certain other internal functions such as account processing, client services, or other data collection relevant to our business. Examples of third parties might include those that perform data processing, reporting, tax documentation, custody or escrow services. Information is shared with these third parties only to the extent necessary for us to process the transactions you initiate or perform other specific services, like collections. Our partners are legally required to keep your information private and secure.

We may share your information with law enforcement or other government agencies as required by law or for the purposes of limiting fraud. We reserve the right to disclose your personally identifiable information when we believe that disclosure is necessary to protect our rights or to comply with a judicial proceeding, court order or legal process. We further reserve the right to disclose any of your personal information that we believe, in good faith, appropriate or necessary to take precautions against liability, to investigate and defend against any third party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Site or our services, or to protect the rights, property or personal safety of CRE Simple, its users, issuers, or others.

Notifications and Communications from Our Site

CRE Simple will send you email notifications from time to time. Some notifications are required elements of your transactions on our platform, such as confirmations of particular actions you have taken. These mandatory notices are sent typically to notify you of a change in status.

We also send out notices that are required for legal or security purposes. For example, certain notifications are sent for your own protection to ensure that another person cannot make a change to your account without your knowledge. In other cases, these notifications involve changes to various legal agreements or Site policies. Generally, you may not opt out of such service-related emails.

We may also send you responses to emails you send us, if appropriate. From time to time, we will also send user surveys, requests for user feedback regarding user experience and Site operations, or marketing offers from us or from us on behalf of our marketing partners. Completing these surveys, answering requests for feedback, or accepting any offer is strictly voluntary. If you do not wish to receive these surveys, user feedback emails, and/or marketing offers, please opt out in any offer email you receive from us.

Accessing and Updating Your Personal Information

We strive to provide simple methods for you to access, update or delete your personal information. In some cases information must be maintained for business or legal purposes. We urge you to review your information regularly to ensure that it is correct and complete. If you believe that any of your information is incorrect, or if you have any questions regarding this Privacy Policy, please contact us at info@cresimple.com.

Links to Other Sites

If you follow any links that direct you away from the Site, this privacy policy will not apply to your activity on the other websites you visit. We do not control the privacy policies or the privacy practices of any third parties.

International Users

The Site may be accessed by users located outside the United States. If you choose to use the Service from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States, and that by providing your personal information on or through the Site then you consent to that transfer.

Access Limitations

We limit access to the personal information we have about you to those employees who have a legitimate business need to access such information. In keeping with industry standards and practices, we maintain appropriate physical, electronic and procedural safeguards and controls to protect your information. The Site is built upon a secure infrastructure with multiple layers of protection, and we use industry-standard encryption technologies to safeguard your information.

Users are required to identify and authenticate themselves prior to accessing sensitive portions of the Site. Generally, identification and authentication take place through the use of your username and a password and/or while logging in with one of our technical support staff.

Notifications of Security Systems Breach

If we learn of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. We may also post a notice on or through the Site in the event of a security breach. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

Take Precautionary Measures

You can take several precautions to protect the security of your computer and personal information. For instance, you can use a well-chosen password and restrict access to your email account. You can also install and regularly update antivirus and firewall software to protect your computer from external attacks by malicious users. When you are finished with a session on the Site, be sure that you log out and close the browser window.

You should also be aware of fraudulent attempts to gain access to your account information through “phishing,” whereby scammers try to bring unsuspecting people to a website by using a genuine-looking email purporting to be from a legitimate company. Sometimes, either in the email itself or on this fake site, scammers will ask for login information to gain access to people’s accounts and withdraw their money.

CRE Simple will never send you an email asking you for your login information. In general, you can protect yourself against phishing by never providing personal or login information via a link contained in an email; instead, go the website directly. You might also make it a habit to check the URL of a website to be sure that it begins with the correct domain. In the case of CRE Simple, you should always ensure the URL begins with https://cresimple.com or https://www.cresimple.com.