Terms & Conditions
Introduction: These terms and conditions (the "Terms") govern the use of the commercial mortgage brokerage services (the "Services") provided by [Company Name] (the "Broker"). By using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Services.
Services Provided: The Broker will provide the following services to you: (a) assist in the identification and evaluation of potential commercial mortgage lenders; (b) negotiate loan terms and conditions on your behalf; (c) assist in the preparation and submission of loan applications and supporting documentation; and (d) assist in the closing of the loan.
Compensation: The Broker will be compensated for its services through an origination fee, which will be a percentage of the loan amount and will be disclosed to you. In addition, the Broker may also receive compensation from the lender in the form of a yield spread premium or other fee.
Representations and Warranties: You represent and warrant to the Broker that (a) all information provided to the Broker in connection with the Services is true and accurate; (b) you have the right and authority to enter into these Terms and to use the Services; and (c) your use of the Services will not violate any applicable law or regulation.
Limitation of Liability: The Broker shall not be liable for any damages arising out of or in connection with the use of the Services, including but not limited to any damages caused by errors, omissions, or interruptions in the Services.
Indemnification: You agree to indemnify and hold the Broker harmless from any and all claims, damages, and expenses, including reasonable attorneys' fees, arising out of or in connection with your use of the Services.
Governing Law: These Terms shall be governed by and construed in accordance with the laws of the [Governing law jurisdiction] without giving effect to any principles of conflicts of law.
Dispute Resolution: Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in accordance with the [arbitration institution] Rules of Arbitration.
Entire Agreement: These Terms constitute the entire agreement between you and the Broker regarding the use of the Services and supersede all prior agreements and understandings, whether written or oral.
Changes to Terms: The Broker reserves the right to make changes to these Terms at any time, and your continued use of the Services following any such changes shall constitute your acceptance of such changes.