Terms of Use

These terms are a binding agreement between you and Siteworks Capital, LLC (“Siteworks Capital”). They govern your use of 33holdings.com and of the borrower, broker, and investor portals (together, the “Platform”). By using the Platform you accept them. If you do not, do not use it. If you use the Platform on behalf of a company, you represent that you are authorized to bind that company, and “you” means both you and it.

The Platform is for business use by people at least 18 years old who are acting for themselves as a commercial borrower, for a borrowing entity, as a licensed or exempt mortgage broker, or as an investor we have admitted. It is not a consumer service.

The Platform is intended for use in the United States. We make no representation that it is appropriate or available anywhere else.

Nothing on the Platform is a commitment to lend, an offer to extend credit, or an offer or solicitation to buy or sell a security. Loan programs, rates, points, fees, terms, and leverage shown are illustrative, subject to change without notice, and subject in every case to underwriting approval, satisfactory appraisal, clear title, acceptable insurance, and executed documentation. Not all applicants will qualify.

Indicative pricing generated during the application is an estimate based on unverified information you supply. Final pricing is set only after document verification and appears on an executed term sheet. Where those two conflict, the executed term sheet and the loan documents control — always, and over anything said in marketing copy, email, or conversation.

All loans are made for business, commercial, or investment purposes and are not for personal, family, or household use.

Access to the portals is by invitation. You are responsible for everything done under your credentials. Keep them confidential, enroll the authentication methods we require, and tell us immediately at hello@siteworkscapital.com if you suspect unauthorized access.

Do not share a login, and do not let anyone use your account. We may suspend or terminate access at any time, with or without notice, if we believe an account is compromised, is being misused, or is being used in violation of these terms.

You are responsible for the accuracy and completeness of everything you submit — application answers, financial figures, documents, photographs, and representations about the property and your track record. Submitting information you know to be false in connection with a loan application may be a federal crime.

You represent that you have the right to give us what you submit, and you grant us a non-exclusive, worldwide, royalty-free license to use, store, reproduce, and process it for the purposes described in our privacy policy and to operate, secure, and improve the Platform. We keep an immutable record of submissions for audit purposes.

By using the Platform you consent to receive communications, disclosures, and records electronically, and you agree that electronic signatures you apply have the same legal effect as handwritten ones. The scope of that consent, the system requirements, your right to paper copies, and how to withdraw consent are set out in our E-Sign consent, which is incorporated into these terms.

The Platform, its software, design, text, graphics, marks, and underlying credit models are owned by Siteworks Capital, LLC or its licensors and are protected by intellectual property law. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Platform for its intended purpose. You may not copy, modify, distribute, sell, lease, reverse engineer, scrape, or create derivative works from any part of it.

You agree not to:

• Submit false, misleading, or fraudulent information, or impersonate anyone.
• Use the Platform for any consumer-purpose loan or for any unlawful purpose.
• Interfere with the Platform's operation, probe or test its security, or circumvent any access control or rate limit.
• Use automated means to access, scrape, or index the Platform without our written permission.
• Upload malware, or content that infringes another party's rights.
• Access another user's file, or use information you obtain through the Platform for any purpose other than the transaction it concerns.

The Platform relies on third parties for e-signature, payments, identity and background verification, appraisal, title, and inspection. Their services are governed by their own terms. Links to third-party sites are provided for convenience; we do not control or endorse them and are not responsible for their content or practices.

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

Nothing on the Platform is legal, tax, accounting, appraisal, engineering, or investment advice. Timing estimates — decision turnaround, closing windows, draw release — describe typical experience, not a guarantee.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SITEWORKS CAPITAL, LLC AND ITS OFFICERS, MEMBERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST OPPORTUNITY, OR LOSS OF DATA, ARISING FROM OR RELATING TO YOUR USE OF THE PLATFORM.

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE PLATFORM WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE FEES YOU PAID US FOR PLATFORM ACCESS IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE. This limitation does not apply to obligations under executed loan documents, which have their own terms, and does not limit liability that cannot be limited under applicable law.

You will indemnify and hold harmless Siteworks Capital, LLC and its officers, members, employees, and agents from any claim, loss, liability, and expense, including reasonable attorneys’ fees, arising out of your use of the Platform, your submissions, or your breach of these terms.

These terms are governed by the laws of the State of Georgia, without regard to conflict-of-laws rules.

Informal resolution first

Before filing anything, contact us and give us 30 days to resolve the dispute. Most things end here.

Venue

Any dispute that is not resolved informally will be brought exclusively in the state or federal courts located in Atlanta, GA, and you consent to personal jurisdiction there. Each party waives any right to a jury trial and to participate in a class or representative action. Disputes under executed loan documents are governed by the dispute-resolution provisions in those documents instead.

We may modify these terms; the effective date at the top will change and material changes will be announced through the Platform or by email. Continued use after the effective date is acceptance. If a provision is held unenforceable, the rest remains in force. Our failure to enforce a provision is not a waiver of it. You may not assign these terms; we may assign them in connection with a merger, acquisition, or sale of assets. Together with the privacy policy and the E-Sign consent, these terms are the entire agreement about the Platform.

Siteworks Capital, LLC
1000 Peachtree Industrial Boulevard, Suite 200
Atlanta, GA 30000
hello@siteworkscapital.com · (000) 000-0000