Terms of Use

The Site provides general information concerning TCL, potential business-purpose real estate financing transactions, and, where expressly identified, potential securities offerings. Site content is preliminary, may be incomplete, and may be changed or withdrawn at any time without notice.

Nothing on the Site constitutes a binding commitment, approval, promise, guaranty, or agreement by TCL or any other person. No financing or investment transaction exists unless and until all applicable underwriting, due diligence, verification, approval, documentation, funding, and closing requirements have been completed and definitive agreements have been executed by all required parties.

TCL considers financing transactions intended solely for business or investment purposes and involving non-owner-occupied real property located in California. TCL does not offer financing for personal, family, or household purposes or for owner-occupied primary residences.

By submitting a financing inquiry, you represent that the requested financing is for a bona fide business or investment purpose and that the subject property is not, and will not become during the loan term, your principal residence unless TCL expressly agrees otherwise in writing after completing all legally required review.

The location of a prospective borrower is not determinative; however, TCL currently considers financing only when the proposed collateral is located in California.

Rates, terms, leverage parameters, lien positions, timelines, examples, and loan-program descriptions appearing on the Site are illustrative only. They are not quotations, approvals, commitments, or offers of credit and may not be available for a particular transaction.

Every proposed financing is subject to, among other things:

• TCL’s underwriting and final approval;
• Verification of property value, title, lien priority, borrower authority, business purpose, source and use of funds, and exit strategy;
• Satisfactory legal, financial, property, insurance, environmental, construction, and other due diligence;
• Availability of capital;
• Compliance with applicable licensing and regulatory requirements; and
• Negotiation, execution, delivery, and satisfaction of all conditions contained in definitive loan and collateral documents.

TCL may accept or reject any inquiry, discontinue discussions, change proposed terms, or decline to proceed at any time, subject to applicable law and any binding written agreement.

Nothing on the Site, standing alone, constitutes an offer to sell or a solicitation of an offer to purchase a security. Any securities offering will be made only through the applicable private placement memorandum, subscription agreement, investor questionnaire, promissory note, and other definitive offering documents, as amended or supplemented from time to time.

If TCL conducts an offering pursuant to Rule 506(c) of Regulation D, securities may be sold only to persons whose accredited-investor status has been verified through reasonable steps acceptable to TCL. TCL may reject any subscription in its sole discretion, subject to applicable law.

Information on the Site is qualified in its entirety by the applicable definitive offering documents. If Site content conflicts with those documents, the definitive offering documents control; however, TCL does not disclaim responsibility for correcting a material misstatement or omission as required by law.

Investments in TCL securities are speculative, illiquid, and involve a high degree of risk, including possible loss of the entire investment. Securities may be restricted, may not be transferable without TCL’s consent and compliance with law, and are not expected to have a public or secondary market.

The Site does not provide investment, legal, accounting, tax, lending, appraisal, engineering, construction, or other professional advice. Prospective borrowers and investors should conduct their own investigation and consult independent professional advisers before entering any transaction.

TCL may evaluate, originate, fund, administer, modify, or enforce transactions involving entities, properties, or projects affiliated with TCL’s members, managers, officers, or related businesses. Such persons may have financial or other interests in a borrower, property owner, development manager, broker, contractor, guarantor, or other transaction participant.

These relationships may create actual or potential conflicts concerning loan terms, collateral, valuations, construction decisions, advances, extensions, defaults, enforcement, refinancing, property sales, brokerage activity, compensation, expense reimbursement, and the allocation of opportunities. The existence of a conflict does not mean that the interests of TCL, its investors, a borrower, and its affiliates will be aligned.

Offering-specific conflicts and the authority of TCL’s manager are described in the applicable definitive offering documents. No person should rely solely on the general information on the Site when evaluating an affiliated transaction.

TCL is not a bank, credit union, depository institution, registered broker-dealer, or registered investment adviser. Unless a license is expressly identified on the Site, TCL does not represent that it holds that license. No governmental authority has approved or endorsed TCL, any financing transaction, any security, or the accuracy or completeness of the Site.

TCL will undertake financing and capital-raising activities only where TCL and the persons participating in those activities are authorized to do so under applicable licenses, exclusions, or exemptions. Nothing on the Site should be interpreted as an offer to conduct activity in a jurisdiction or manner requiring authorization that TCL or the applicable person does not possess.

No real estate brokerage, mortgage brokerage, agency, advisory, or fiduciary relationship is created by visiting the Site, submitting an inquiry, or communicating with TCL. Any such relationship must be expressly established in a separate written agreement signed by the applicable parties.

Unless expressly stated in a separately executed written guaranty, all contractual obligations of TCL are solely obligations of TCL. No member, manager, officer, employee, agent, or affiliate of TCL personally guarantees repayment or performance solely because of that person’s relationship with TCL.

Nothing in these Terms, the Site, or any agreement limits responsibility or liability that cannot lawfully be waived, including liability arising from fraud, intentional misconduct, material misstatements or omissions, violations of applicable securities laws, or other nonwaivable duties.

By submitting information through the Site, you represent that:

• The information is accurate and complete to the best of your knowledge;
• You have authority to provide it;
• Providing it does not violate another person’s rights or any confidentiality obligation; and
• TCL may use it to evaluate the proposed transaction and communicate with you about that inquiry.

Submission of information does not create a confidential, fiduciary, brokerage, advisory, lender-borrower, or investor relationship. Do not submit Social Security numbers, bank credentials, complete account numbers, passwords, medical information, or other information not expressly requested through the Site.

You consent to receive responsive communications at the email address or telephone number you provide. Consent to communications does not constitute consent to receive automated marketing calls or text messages where separate consent is required by law.

TCL does not authorize users to rely solely on emailed wiring or payment instructions. Any wiring instructions must be independently verified through a previously authenticated contact method before funds are transmitted. TCL will never request that a user transmit passwords, authentication codes, or complete banking credentials through an unsecured website form.

You may not:

• Use the Site for unlawful, fraudulent, misleading, or abusive purposes;
• Attempt to gain unauthorized access to the Site or related systems;
• Introduce malicious code or interfere with Site operation;
• Scrape, reproduce, republish, or commercially exploit Site content without authorization;
• Impersonate another person or misrepresent your authority; or
• Use Site content to make false or misleading statements about TCL or any transaction.

The Site and its content, including names, logos, text, graphics, photographs, designs, and software, are owned by or licensed to TCL and are protected by applicable intellectual-property laws. Except for reasonable personal review, no content may be copied, modified, distributed, displayed, or used commercially without TCL’s prior written permission.

The Site may contain links to or content supplied by third parties. TCL does not control and is not responsible for third-party websites, services, availability, security, accuracy, or privacy practices. A link does not constitute an endorsement.

To the fullest extent permitted by law, the Site and its content are provided “as is” and “as available,” without express or implied warranties. TCL does not warrant that the Site will be uninterrupted, secure, error-free, free of harmful components, or accurate, complete, or current.

This provision does not disclaim any representation, warranty, or duty that cannot lawfully be disclaimed.

To the fullest extent permitted by law, TCL and its members, managers, officers, employees, agents, and affiliates will not be liable for indirect, incidental, special, exemplary, consequential, or punitive damages arising solely from access to or use of the Site.

This limitation does not apply to liability that cannot lawfully be limited, including liability based on fraud, intentional misconduct, material securities-law violations, or other nonwaivable rights. Nothing in this section modifies any liability allocation contained in a separately executed definitive agreement.

To the fullest extent permitted by law, you agree to indemnify and hold TCL and its members, managers, officers, employees, agents, and affiliates harmless from third-party claims, damages, liabilities, and reasonable expenses arising from your unlawful misuse of the Site, your material violation of these Terms, or information you submit without authority.

This provision does not require indemnification for TCL’s own fraud, intentional misconduct, or other liability that cannot lawfully be shifted.

These Terms are governed by California law, without regard to conflict-of-law principles. Subject to any enforceable dispute-resolution provision in a definitive agreement, disputes arising solely from the Site or these Terms must be brought in a state or federal court of competent jurisdiction located in Los Angeles County, California. You consent to personal jurisdiction and venue in those courts.

If any provision of these Terms is held unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in effect. TCL’s failure to enforce a provision is not a waiver.

TCL may update these Terms by posting a revised version and updating the “Last updated” date. Changes apply prospectively from the date posted unless otherwise required by law.

Questions concerning these Terms may be sent to:

Thornton Capital Lending LLC
Email: info@thorntoncapitallending.com
Website: thorntoncapitallending.com/contact