Terms of Use

1. Acceptance of these terms

These Terms of Use govern your use of theprivatelender.net and any pages under it (the 'Site'). The Site is operated by RKM Investment Group LLC, a California limited liability company doing business as The Private Lender ('we,' 'us,' or 'our'), at 27422 Portola Parkway, Suite 200, Foothill Ranch, California 92610.

By using the Site, you agree to these Terms. If you do not agree, please do not use the Site. If you apply for a loan, the loan documents you sign are separate agreements, and they control over these Terms for that loan.

If you are using the Site on behalf of a company, you confirm you have authority to bind that company to these Terms.

2. No offer to lend; business-purpose loans only

Nothing on the Site is an offer, commitment, or promise to make a loan. All loans are subject to our underwriting, approval, and the signing of final loan documents. A term sheet is a non-binding summary of proposed terms and does not obligate us or you to close a loan.

We make loans for business and investment purposes only, secured by non-owner-occupied real estate. We do not make consumer loans or loans on owner-occupied property, and the Site is not directed to consumers seeking personal, family, or household credit.

We currently lend in Indiana, Michigan, Ohio, and Pennsylvania. We do not lend on properties located in California or Arizona. Eligibility criteria, loan amounts, timelines, and states described on the Site are general, may change at any time without notice, and do not guarantee that any particular request will qualify. Statements about timing, such as how quickly we issue a term sheet or fund a loan, are estimates and depend on a complete submission, underwriting, title, and closing conditions.

3. Applications and the borrower portal

Loan applications are submitted through our secure borrower portal at portal.theprivatelender.net, which is operated using a third-party platform. Please do not send bank statements, credit information, Social Security numbers, or other sensitive documents through the contact form or by ordinary email.

When you apply, you agree that all information and documents you provide are true, complete, and not misleading, and that you will promptly tell us if anything changes. We may verify your information with third parties, including title companies, lenders, and credit reporting agencies.

We will only review your credit with your separate written authorization, which you give inside the portal. Submitting an application does not guarantee a term sheet, approval, or funding, and we may decline any request for any lawful reason.

You are responsible for keeping your portal login confidential and for all activity under your account. Tell us immediately if you suspect unauthorized access. Your use of the portal is also subject to our Privacy Policy and any terms shown in the portal.

4. Accuracy, no advice, no investment offers, and communications consent

Accuracy of content. We try to keep the information on this site current, but it may contain errors or become outdated. Loan programs, criteria, rates, fees and timelines can change without notice and are confirmed only in a written term sheet and the final loan documents.

No advice. Nothing on this site is legal, financial, tax or investment advice. You should consult your own attorney, accountant and other advisors before borrowing or making any decision about a transaction.

No offer of investments. This site is for prospective borrowers only. It is not an offer to sell, or a solicitation of an offer to buy, any security or investment interest, and nothing here should be read that way.

Consent to be contacted. If you submit a form or provide your phone number or email address, you agree that RKM Investment Group LLC may contact you about your inquiry by phone, text message and email, including with messages sent using automated technology. Consent is not a condition of any loan. Message and data rates may apply. You can opt out at any time by replying STOP to a text message or by contacting us as described in Section 7.

5. Acceptable use, intellectual property, and third-party links

Acceptable use. You agree not to use this site to submit false, misleading or fraudulent information; impersonate any person or entity; scrape, harvest or copy site content by automated means; interfere with or disrupt the site or its security; or use it for any unlawful purpose.

Intellectual property. The content of this site, including its text, design, graphics, and the names The Private Lender and RKM Investment Group, and the related logo, belongs to RKM Investment Group LLC or its licensors and is protected by law. You may view the site for your own personal, non-commercial use, but may not copy, modify, distribute or create derivative works from it without our written permission.

AAPL emblem. The Proud Member emblem displayed on this site is a trademark of the American Association of Private Lenders (AAPL) and is used under its member guidelines. It indicates membership only. It does not mean AAPL endorses, certifies or licenses RKM Investment Group LLC or its loans. Learn more at aaplonline.com.

Third-party links and services. This site may link to websites or services we do not own or control, including our loan application portal. We are not responsible for their content, availability or practices, and your use of them is governed by their own terms and policies.

6. Disclaimers, limitation of liability, and indemnity

Disclaimer. This site and its content are provided 'as is' and 'as available,' without warranties of any kind, express or implied, including warranties of accuracy, completeness, merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the site will be uninterrupted, secure or error-free.

Limitation of liability. To the fullest extent permitted by law, RKM Investment Group LLC and its members, managers, employees and agents will not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or data, arising from your use of or inability to use this site. This section applies to your use of the site only and does not change the terms of any loan documents.

Indemnity. You agree to indemnify and hold harmless RKM Investment Group LLC and its members, managers, employees and agents from claims, losses and expenses, including reasonable attorneys' fees, arising from your violation of these Terms or your submission of false information through this site.

7. Governing law, changes, general terms, and contact

Governing law. These Terms are governed by the laws of the State of California, without regard to its conflict-of-law rules. Any dispute arising from your use of this site will be brought in the state or federal courts located in Orange County, California, and you consent to their jurisdiction.

Changes to these Terms. We may update these Terms at any time by posting the revised version on this site with a new effective date. Your continued use of the site after a change means you accept it.

General. If any part of these Terms is found unenforceable, the rest remains in effect. These Terms, together with our Privacy Policy, are the entire agreement between you and us about your use of this site. Our failure to enforce a provision is not a waiver of it. Loan documents, if any, are governed by the law stated in those documents, which is typically the law of the state where the property is located.

Contact. RKM Investment Group LLC, dba The Private Lender, 27422 Portola Parkway, Suite 200, Foothill Ranch, CA 92610. Phone: (949) 368-9899. Email: [email protected].