The Fastest Real Estate Crowdfunding Site in AmericaTM
Our Site offers real estate developers and operators the opportunity to apply for loans, and offers qualified investors the opportunity to invest in real estate. However, ZeusLending.com does not make recommendations regarding the appropriateness of particular opportunity for any particular investor. We are not investment advisers. Investors must make their own investment decisions, either alone or with their personal advisors.
Real estate can be risky and unpredictable. For example, many experienced, informed people lost money when the real estate market declined in 2007-8. Time has shown that the real estate market goes down without warning, sometimes resulting in significant losses. Some of the risks of investing in real estate include changing laws, including environmental laws; floods, fires, and other Acts of God, some of which can be uninsurable; changes in national or local economic conditions; changes in government policies, including changes in interest rates established by the Federal Reserve; and international crises. You should invest in real estate in general, and in the opportunities listed at the Site in particular, only if you can afford to lose your investment and are willing to live with the ups and downs of the real estate industry.
We may provide financial projections for some of the investment opportunities listed on the Site. All such financial projections are only estimates based on current conditions and current assumptions. The actual result of any investment is likely to be different than the original projection, often by a large amount. Neither ZeusLending.com nor anyone else guaranties the results reflected in financial projections.
Neither the Securities and Exchange Commission nor any state agency has reviewed the investment opportunities listed on the Site. Thank you for using the Site. If you have questions, please contact us at email@example.com.
Welcome to the ZeusLending.com Platform.
PLEASE DO NOT USE THE SITE
This is an electronic platform where prospective borrowers submit loan applications and prospective investors can browse investment opportunities and make investments from among those opportunities. Prospective investors can also participate in blogs and chat rooms, read educational materials, and take advantage of other features that we might add from time to time. We refer to what we do on the Site as the “Service.”
We refer to anyone who uses the Site, even just to browse, as a “User.”
We refer to the images, text, and other content you see on the Site as “Content.” On some parts of the Site, Users can upload Content.
If you use the Site, even just to browse, you will be deemed to have consented to the terms of this Agreement. We may also ask you to indicate your consent more formally by checking a box or otherwise taking an affirmative action.
The Company reserves the right to change, suspend, or discontinue the Service or any of its features at any time for any reason. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
To use the Site you must be at least 18 years old and of legal age in your jurisdiction to form a binding contract. If you are not, you must stop using the Site.
We may, in our sole discretion, refuse to offer the Service to any person or entity and/or change our eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in those jurisdictions.
In addition, we may ask that you agree to other terms and conditions depending on your use of the Site. All of such other terms and conditions become part of this Agreement.
There are no agreements or understandings concerning your use of the Site that are not reflected in this Agreement. This Agreement supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Company with respect to the Service.
You may browse the Site without registering, but as a condition of using certain aspects of the Service, you may be required to register with the Company and select a screen name (“User ID”) and password. You promise to provide accurate, complete, and updated registration information. You shall not use as a User ID any name or term that (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, or obscene. The Company reserves the right in its sole discretion to refuse registration of or cancel a User ID.
You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Site. We will treat anyone who uses your User ID and password as “you” for all purposes, and we will hold you responsible for the activities of the person using your password. You will never allow any other person to use your account, nor will you use the account of any other User. You will immediately notify the Company in writing of any unauthorized use of your account, or other known account-related security breach.
You consent to receive from the Company all communications including notices, agreements, legally required disclosures, or other information in connection with the Services electronically. The Company may provide the electronic notices by posting them on the Site. If you desire to withdraw your consent to receive notices electronically, you must discontinue your use of the Services.
You will use the Site only for the purpose for which it was intended, i.e., to provide the Service. You will not use the Site for any other purpose, whether personal or commercial. The Service is provided only for your own personal, non-commercial use, except as otherwise provided. You are responsible for all of your activity in connection with the Service.
You will not:
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company’s or its third-party providers’ infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures the Company may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); (iv) run Maillist, Listserv, or any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.
You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.
We will enforce the Code of Conduct described above wherever we become aware of violations and deem enforcement to be necessary. However, we do not necessarily monitor the Site for violations and are not liable for any harm or damages caused to Users by another User’s violation of the Code of Conduct. If you believe the Code of Conduct is being violated, please contact us.
We may monitor your use of the Site, including email, and other Content you transmit through the Site, (ii) remove, edit, or refuse to post Content, (iii) restrict access from certain websites or other resources, and (iv) take any other actions we deem necessary in our sole discretion to protect our community of Users and our resources. You cannot expect that communications through the Site will remain private from us.
Our Site offers qualified investors the opportunity to invest in real estate, usually real estate loans. However, we do not make recommendations regarding the appropriateness of any particular opportunity for any particular investor. We are not investment advisers. Investors must make their own investment decisions, either alone or with their personal advisors.
Investing in real estate is risky and unpredictable. You should invest in opportunities listed at the Site only if you can afford to lose your investment and are willing to live with the ups and downs of the real estate industry.
We may provide financial projections for some of the investment opportunities listed on the Site. All these financial projections are only estimates based on current conditions and current assumptions. The actual result of any investment is likely to be different than the original projection, often by a large amount. Neither we nor anyone else guaranties the results reflected in financial projections.
Neither the Securities and Exchange Commission nor any state agency has reviewed the investment opportunities listed on the Site.
There is no guaranty that you will qualify for a loan at our Site, even if your credit is excellent and your project is promising. We reserve the right to make lending decisions in our sole and unlimited discretion based on factors that we choose, which may include, but will not be limited to, the nature of the project, the availability of capital, your business history, and our views of the market. We will not make credit decisions based on race, religion, or other protected categories.
You will not disparage the Company, the Site, or any other User.
You submit Content (such as by posting on blogs or discussion boards) subject to the following rules:
The Company owns or has the legal right to use all of the intellectual property associated with the Site and the Services. This includes, but is not limited to, our name, our trademarks and copyrights, the design of the Site, our trade secrets, our business methods, any artwork, text, video, photographs, or audio used on the Site, and our logos, tag lines, and trade dress.
You have no interest in any of this intellectual property, other than the right (which we may terminate or suspend) to use the Site and the Services in accordance with these Terms and Conditions. You shall not duplicate, publish, display, distribute, modify, create derivative works from, or exploit our intellectual property in any way.
In accordance with the Digital Millennium Copyright Act, the Company has adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others. The Company also may terminate User accounts even based on a single infringement.
The term “Confidential Information” means information (i) that is designated as “Confidential” or “Proprietary” at the time of disclosure or within a reasonable period thereafter, (ii) that is only available to Users who have registered at the Site, or (iii) a reasonable person would understand to be Confidential.
Confidential Information includes our business policies or practices, strategic plans, pricing, financial information and projections, marketing information and strategies, the names of Users of the Site, information relating to projects listed on the Site, including but not limited to the names of project sponsors, borrowers, and investors, and information received from third parties that we are obligated to treat as confidential.
You shall keep all Confidential Information in confidence, and not use Confidential Information for any purpose other than as contemplated by the Site. You will use at least the same degree of care in safeguarding Confidential Information as you use in safeguarding your own confidential information and trade secrets, such as your social security number and secret business plans.
Notwithstanding the preceding paragraph, you may disclose Confidential Information if you are required to do so by legal process, provided that you promptly notify us in advance so we can seek a protective order or other relief.
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. Those other websites are not under the Company’s control, and you acknowledge that the Company is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with the Company. You further acknowledge and agree that the Company shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.
The Company will remove infringing materials in accordance with the Digital Millennium Copyright Act if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify the Company’s copyright agent in writing. Your notice must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):
If you believe that your work has been removed or disabled by mistake or misidentification, please notify the Company’s copyright agent in writing. Your counter-notice must contain the following information (please confirm these requirements with your legal counsel or see the U.S. Copyright Act, 17 U.S.C. §512(g)(3), for more information):
Under the Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
If you fail to comply with these notice requirements, your notification or counter-notification may not be valid.
Our designated copyright agent for notice of alleged copyright infringement is: ZeusLending.com Legal, 5090 Richmond Ave., Suite 314, Houston, TX 77056.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
Without limiting the preceding paragraph, the Company, and its directors, employees, agents, suppliers, partners, and content providers do not warrant that (i) the Service will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) any content or software available at or through the Service is free of viruses or other harmful components; or (iv) the results of using the Service will meet your requirements. Your use of the Service is solely at your own risk. Some states or countries do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
Electronic Communications Privacy Act Notice (18 USC §2701-2711): THE COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
IN NO EVENT SHALL THE COMPANY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE HUNDRED U.S. DOLLARS ($100.00), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You will not include us in any dispute you have with another User.
You may not assign any part of your interest in this Agreement, or transfer your User account to another person.
The Company may assign, transfer, or delegate any of its rights and obligations hereunder without consent.
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that the Company and its Services are deemed a passive website that does not give rise to personal jurisdiction over the Company or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of Texas.
You agree that:
The term “Excluded Claims” means:
Excluded Claims may be subject to arbitration if, and only if, a separate agreement so provides. Otherwise, Excluded Claims shall be adjudicated through the court system.
This Agreement shall continue to apply even if you are no longer a User.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced, provided that each party can obtain substantially all of the benefits contemplated initially. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our rights with respect to subsequent breaches.
If you have any questions about this Agreement, the Site, or the Services, please contact us at:
IF YOU DO NOT UNDERSTAND OR DO NOT AGREE WITH THE TERMS OF THIS
We collect a variety of personal information to operate the Site and provide the Service, including:
We use your personal information to:
We do not provide any third party with any of your personal information except in these situations:
We do not provide any of your personal information to third parties for marketing purposes.
We will send you email notifications from time to time. For example, we may send you emails:
You may also receive emails from third party providers.
To modify or delete your personal information, please log in and update your profile. We may retain certain information as required by law or for necessary business purposes.
We have put in place systems designed to protect your personal information, including:
Nevertheless, no security system is perfect. We cannot guaranty that your personal information will remain private.
We or our service providers (such as Google Analytics) may collect data related to your use of the Service, including which of our pages you access, the frequency of such access, and your product and service preferences. This data collection may be accomplished by using cookies, web beacons, page tags or similar electronic tools. Such web surfing data may include your Internet Protocol (IP) address, browser type, internet service provider (ISP), referring or exit pages, click stream data, operating system and the dates and times that you visit the Site. Web surfing data and similar information may be used for administrative purposes, to assess the usage, value, and performance of our online products and services, and to improve your experience with the Service. As with cookies, the web surfing information collected is aggregated, anonymous “click stream” and transactional data, and is not associated with any users as individuals.
If you would prefer not to see advertising based on your personal preferences, you can change your personal settings in Google (look for “Ad Settings”) or visit the website of the Network Advertising Initiative located at:
California law requires that we provide you with a summary of your privacy rights under the California Online Privacy Protection Act (the “California Act”) and the California Business and Professions Code. The California Act requires us to inform you, at your request, (1) the categories of personal information we collect and what third parties we share that information with; (2) the names and addresses of those third parties; and (3) examples of the products marketed by those companies. The California Act further requires us to allow you to control who you do not want us to share that information with. To obtain this information, please send a request by email or standard mail. When contacting us, please indicate your name, address, email address, and what personal information you do not want us to share with marketing partners. The request should be sent to the attention of our legal department, and labeled “California Customer Choice Notice.” Please allow 30 days for a response. There is no charge.
Please send your privacy-related complaints and suggestions to:
ZeusLending, Attn: Legal
5090 Richmond Ave., Suite 314
Houston, TX 77056
You can also send complaints to regulators. Please contact your state’s consumer protection authority.
Welcome to the ZeusLending.com Platform.
Please read this Non-disclosure and Non-circumvent Agreement (the “Agreement”) carefully before using our website (the “Site”). By using the Site, even just browsing, you (the “Principal”) agree to be bound by this Agreement.
This Non-disclosure and Non-circumvent Agreement constitutes a legally binding contract between you and ZeusLending.com (“ZLC”). If you have any questions about its meaning you should consult with an attorney before using the Site.
IF YOU DO NOT UNDERSTAND OR DO NOT AGREE WITH THIS AGREEMENT, PLEASE DO NOT USE THE SITE
The facts being that ZLC is engaged in the marketing of residential and commercial investment services which involve the development and utilization of information not generally known in the industry or industries in which ZLC is or may become engaged; which information may, without limitation, include information relating to research, development, training, purchasing, seminars, inventions, accounting, engineering, marketing programs, marketing vendors, marketing schedules, marketing strategies, networking affiliations, strategic alliances, affinity relationships, operations, systems, lexicon, pricing structure, customer relationship management software, customer relationship management strategies, customer lists, merchandising, selling techniques, selling strategies, and those matters related to the locating, negotiating, contracting, borrowing, lending, financing, renting, leasing, remodeling, and selling of commercial and residential real estate whether it be improved or unimproved commercial or residential property for ZLC and their affiliates (collectively referred to below as “the proprietary information”);
That in performing its functions for ZLC, Principal will necessarily be given access to proprietary information, which will be identified by ZLC as such;
That the use of the proprietary information by, or its disclosure to, any person or organization other than ZLC and its employees or Principals would be highly detrimental and damaging to ZLC; and
Now, therefore, in consideration of the mutual promises, covenants and conditions here contained, the parties agree as follows:
1.1 Nondisclosure. The Principal agrees that neither it nor any of its subsidiaries, divisions, employees, agents, independent contractors or other persons or organizations over which it has control, will at any time during or after its relationship with ZLC, directly or indirectly use any proprietary information for any purposes not associated with ZLC’s activities, or disseminate or disclose any of the proprietary information to any person or organization not connected with ZLC, without the express written consent of ZLC. Principal also agrees that it will undertake all necessary and appropriate steps to ensure that the secrecy of the proprietary information in its possession will be maintained. This section perpetually survives the termination of this Agreement.
2.01 Trade Secrets. Principal will have access to and become familiar with various trade secrets, consisting of formulas, devises, secret inventions, processes, vendors, systems, marketing strategy, pricing strategy, and compilations of information, records (including those of current and prospective customers), specifications owned by ZLC and regularly used in the operation of the business of ZLC. Principal must not disclose these trade secrets, directly or indirectly, nor use them in any way, either during the term of this Agreement or at any time thereafter, except as required in the course of his or her work as agreed by ZLC. All files, records, customer records, documents, drawings, specifications, equipment, processes, and similar items relating to the business of ZLC, whether or not prepared by Principal, remain the exclusive property of ZLC. This section perpetually survives the termination of this Agreement.
2.02 Confidential & Proprietary Information. Principal recognizes and acknowledges that ZLC possesses certain confidential information that, even if not classified as a trade secret, constitutes a valuable, special, and unique asset. As used herein, the term “confidential information” includes all information and materials belonging to, used by, or in the possession of ZLC relating to its products, processes, services, technology, inventions, ideas, contracts, financial information, developments, business strategies, pricing, current and prospective customers, marketing plans, and other information not classified as a trade secret, but shall not include (a) information that was already within the public domain at the time the information is acquired by Principal, or (b) information that subsequently becomes public through no act or omission of the Principal. Principal agrees that all of the confidential information is and shall continue to be the exclusive property of ZLC, whether or not prepared in whole or in part by Principal and whether or not disclosed to or entrusted to Principal’s custody. Principal agrees that Principal shall not, at any time following the execution of this Agreement, use or disclose in any manner any confidential information of ZLC. This section perpetually survives the termination of this Agreement.
2.03 Third Party Confidential Information. In addition to ZLC’s trade secrets, Principal recognizes that ZLC has received and in the future will receive from third parties their confidential or proprietary information subject to a duty on ZLC’s part to maintain the confidentiality of such information and to use it only for certain limited purposes. Principal agrees to hold all such confidential or proprietary information in the strictest confidence and not to disclose it to any person, firm or corporation or to use it except as necessary in carrying out Principal’s work for ZLC and consistent with ZLC’s agreement with such third party. This entire section perpetually survives the termination of this Agreement.
2.04 Soliciting Customers, Contractors, or Employees After Termination of Agreement. Principal agrees not to either directly or indirectly:
(a) Make known to any person, firm, or corporation the names and addresses of any of the past or current customers, contractors or employees of ZLC or any other information pertaining to the customers.
(b) Call on, solicit, or take away, or attempt to call on, solicit, or take away, any of the past or current customers, contractors or employees of ZLC on whom Principal called or with whom he or she became acquainted during the work performed for ZLC, either himself or herself or for any other person, firm, or corporation. This entire section perpetually survives the termination of this Agreement.
In the event that the Principal shall breach this nondisclosure agreement, or in the event that such breach appears to be an imminent possibility, ZLC shall be entitled to all legal and equitable remedies afforded it by law as a result of the breach, and may, in addition to any and all other forms of relief, recover from Principal all reasonable costs and attorneys’ fees encountered by it in seeking any such remedy.
This Agreement shall be binding upon the parties to this Agreement and upon their respective executors, administrators, legal representatives, successors and assigns.
Principal agrees that neither it nor any of its Affiliates or Associates will, and it will cause each of its Affiliates and Associates not to, directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, ZLC or any of its directors, officers, Affiliates, subsidiaries, employees, agents or representatives or do harm to ZLC or any of its directors, officers, Affiliates, subsidiaries, employees, agents or representatives. This section will terminate eights years after the written termination of this Agreement.
This agreement shall be governed for all purposes by the laws of the State of Texas. If any provision of this agreement is declared void, or otherwise unenforceable, that provision shall be deemed to have been severed from this agreement, which shall otherwise remain in full force and effect.