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End User Agreement

Effective Date: 07/15/2026 Last Updated: 07/15/2026

BY CLICKING/CHECKING THE “I AGREE” BUTTON/BOX, ACCESSING THE LAND GORILLA WEBSITE OR USING THE COMPANY SERVICES, YOU AGREE YOU HAVE READ AND UNDERSTAND THESE USER TERMS AND CONDITIONS AND THE COMPANY PRIVACY POLICY AND AGREE TO BE BOUND. IF YOU DO NOT AGREE TO THESE TERMS, YOU CANNOT ACCESS LAND GORILLA SERVICES.

LAND GORILLA, INC. (“Us,” “Our,” “We,” “Company,” or “Land Gorilla”) appreciates your interest in Our Services. Your use of Our website, LandGorilla.com, whether directly or through associated sites including landgorilla.com and onesiteapp.com (the “Site”), or otherwise in association with use of Our Services, whether provided as software, mobile apps or otherwise (collectively, “Digital Property”) is at all times subject to these terms and conditions of use (“Terms”) and Our Privacy Policy. In addition, Client Users are subject to the Master Terms, which shall prevail over conflicting terms herein. With respect to Land Gorilla’s privacy practices, the Privacy Policy controls. Use of the Site and Digital Property is limited to individuals who are at least eighteen (18) years of age. Our public website provides for cookie and tracking opt-out; however, use of the Services by Client, Client Users, and Limited Users requires that we track and use information submitted for valid business purposes. Please see Our Privacy Policy and rights to opt out; however, the option to opt out may result in the inability to access Our Services.

All Our code and specifications, and all other code and specifications for Our Digital Property and the operation of the Site, are subject to express or implied licenses.

What We Are

Land Gorilla is a software platform through which you can manage information and documents related to construction projects and Services.

What We Aren’t

We are not contractors, engineers, soil analysts, architects, title agents, accountants, etc., and do not warrant, certify, or control the quality, scheduling, structural integrity, etc. to construction projects or lending. We do not warrant or represent that any construction project will be completed within the budget or to the standards or expectations of any party.

We are not a field inspection firm, and Land Gorilla personnel do not perform inspections. Inspections and related site services available through the Services are performed by independent, third-party inspection businesses engaged by Land Gorilla as independent contractors. Land Gorilla manages and coordinates the ordering, scheduling, quality review, and delivery of inspection services; it does not fulfill them. The independent businesses that perform inspections are not employees, agents, partners, or joint venturers of Land Gorilla; they control the manner and means of performing their work, including scheduling, staffing, equipment, and methods, and are solely responsible for their own licensure, insurance, and compliance with applicable law. Land Gorilla’s review of deliverables is an administrative review for conformity with assignment requirements; Land Gorilla does not direct or control the performance of any inspection, and no inspector is authorized to act for or bind Land Gorilla.

We are not title providers, abstracts, or attorneys, nor do we provide legal advice. Our software and Services are different from those that can be provided by an attorney, and we do not, and are specifically not allowed to, engage in the practice of law. This means that we cannot provide advice about possible legal rights, remedies, defenses, options, selection of forms, or strategies, or make any choices for you on your behalf.

We are not a lender or financial institution. Our software and Services are different from those that can be provided by a lender, and we do not, and are specifically not allowed to, engage in the practice of lending. This means that we cannot provide credit decisions or information about a loan application.

We are not a California Legal Document Assistant. Land Gorilla provides a software platform through which our users may prepare documents by merging information into a document.

We are not a software platform that can operate effectively for you without your engagement. While our software is powerful, and we provide many informational resources and ways for you to get help, your involvement is necessary for the software to function at its full potential.

We are not a Consumer Reporting Agency (CRA) under the Fair Credit Reporting Act (FCRA). Any metrics, scores, analytics, or reports provided by Our Services, including risk scores, project and builder risk analyses, and reports on business entities and their principals, are intended solely for business-to-business risk management purposes (e.g., identifying stalled construction, budget variances, operational efficiencies, and the historical performance of business entities and their principals). These outputs evaluate projects, properties, and business entities; they do not evaluate individual consumers and do not constitute consumer reports, credit scores, or determinations of a consumer’s creditworthiness or eligibility for credit, insurance, employment, or housing. Such outputs may inform a Client’s evaluation of a construction project, its budget, collateral conditions, or the qualifications of builders and service providers, but they shall not be used, in whole or in part, as a factor in determining any individual consumer’s eligibility for credit, insurance, employment, housing, or any other purpose regulated by the FCRA. Users, including Clients, are solely responsible for ensuring their use of Our Services complies with all applicable laws, including fair lending requirements under the Equal Credit Opportunity Act (ECOA) and Regulation B.

Our technology, including automated processing, optical character recognition (OCR), machine learning, and artificial intelligence (AI) features, is not used to train generative AI models on user data; any model improvement relies only on aggregated, de-identified, or anonymized data. Such processing does not constitute a “sale” or “sharing” of personal information under applicable privacy laws.

Our Services may include tools to assist in the vetting of builders or third-party service providers. These assessments are strictly business-to-business (B2B) risk management tools based on aggregated data from third-party public records and specialized commercial databases. Land Gorilla does not provide “consumer reports” as defined by the FCRA. Any information provided is intended solely for the User’s independent evaluation of professional qualifications and project risk. Users are prohibited from using this data to determine eligibility for personal credit, insurance, or employment.

Funding Decisions; No Control of Funds

Land Gorilla provides software, information, and coordination services only. All decisions regarding any loan, line of credit, or construction financing, including approval, denial, terms, funding, draw requests, disbursements, holdbacks, amounts, and timing, are made solely by the financial institution or other party providing the financing (the “Financial Institution”), in its discretion and under its own policies and its agreements with You. Land Gorilla does not make, participate in, approve, deny, delay, or control any funding or disbursement decision.

Inspection reports, self-inspection submissions, Risk Analytics (as defined below), and other outputs of the Services are information provided for the Financial Institution’s use. An inspection report is a point-in-time observation of visible progress at a property, prepared by an independent inspection business as described above; it is not an approval of a draw, a certification of workmanship, quality, quantity, or code compliance, or a determination that funds should or will be disbursed. Verification features, such as media authenticity checks, confirm that submitted media is genuine, not that work is complete or adequate.

Land Gorilla does not receive, hold, escrow, transmit, or disburse loan proceeds or any other funds on behalf of any party, and is not a bank, escrow agent, or money transmitter.

You acknowledge and agree that: (1) You will direct all questions, requests, and disputes regarding any funding, draw, or disbursement decision to Your Financial Institution; (2) no output of the Services and no communication from Land Gorilla or its personnel constitutes an approval, commitment, or promise that any loan or draw will be funded; and (3) except for the rights expressly granted in these Terms, Land Gorilla assumes no duty to You with respect to any funding decision, and You are not a third-party beneficiary of any agreement between Land Gorilla and any Client or Financial Institution.

Definitions

“Authorized Representative” means the person set forth on the order form as the SAAS Application Administrator for the Client or any person executing this Agreement or designated by either Party as designated contract with approval authority from time to time.

“Client” means a named company that has agreed to the Master Terms of Company for Services.

“Client User” means a named individual whom Client authorizes or to whom it allows access to the Services through Client and who is assigned unique user identifications and passwords for the SAAS Application. Client shall require all Client Users to comply with these Terms.

“Limited User,” also known as a OneSite User, is defined as individuals other than a Client User. A Limited User may be consultants, contractors, borrowers, title providers, architects, developers, builders, or other individuals. Limited Users are required to consent to the terms of this End User Agreement as a condition for use of Our Services.

“Personal Information” means a first name or initial, and last name, in combination with any demographic, medical or financial information such as age, gender, address, Social Security number, past, present or future physical or mental health condition or treatment, debt status or history, income and other similar individually identifiable personal information that is not publicly available and any other information that contains “nonpublic personal information” as that term is defined in the Gramm-Leach-Bliley Act.

Terms

License Grants & Restrictions: Not limiting any proprietary rights that We may have in the Site, Our Digital Property, or any necessary software under any applicable laws governing intellectual property, proprietary rights, and the like, We grant you a non-exclusive, non-transferable, limited privilege to access and use the Site and Digital Property per any registration terms solely with supported browsers through the Internet for your own internal purposes, subject to these Terms. You shall not permit the Site or Digital Property to be used by or for the benefit of unauthorized third parties. Nothing in the Terms shall be construed to grant you any right to transfer or assign rights to access or use the Site. All rights not expressly granted to you are reserved by Us. Except as expressly authorized by Land Gorilla, you agree not to: (1) modify, rent, lease, sell, distribute, or make derivative works based upon the Site or Digital Property; or (2) reverse engineer or access the Site or Digital Property in order to (a) build a competitive product or service; (b) build a product using similar features, functions, or graphics of the Site or Digital Property; or (c) copy any features, functions or graphics of the Site or Digital Property, in whole or in part. You further acknowledge and agree that, as between the parties, We own all right, title, and interest in and to the Site and Digital Property, including all intellectual property rights therein.

Security, Passwords, and Means of Accessing the Site and Digital Property: You agree not to access or use the Site in any manner that could damage, disable, overburden, or impair any user accounts, computer systems or networks. You agree not to attempt to gain unauthorized access to any parts of the Site or any of Land Gorilla’s Digital Property, computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of the Site, other user accounts, or any Our Services, including that of the company through which you access Digital Property or Our computer systems or networks. You agree not to use any robot, spider, scraper or other automated means to access the Site, Services, or any Land Gorilla accounts, computer systems or networks. Services that require you to establish an account include a registration process through which you provide Us with current, complete, and accurate information as required by the Site or Services. You may also be required to choose a password. Access to and use of password protected or secure areas of the Site are restricted to authorized users only. You agree not to share your password(s), account information, or access to the Site with any other person. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur through the use of your password(s) or account(s) or as a result of your access to Our Site. You agree to notify Us immediately of any use of your password(s) or account(s) that you did not authorize or that is not authorized by these Terms.

No Unlawful or Prohibited Use: You agree not to use Land Gorilla’s Site or Digital Property for any unlawful purpose or otherwise prohibited by these Terms or any terms set forth in the Master Services Agreement between an associated company through or on behalf of which you access the Site. You agree that you will neither use the Site nor Digital Property in any way that: (a) is false or misleading; (b) is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack; (c) invades another’s privacy or includes, copies or transmits another’s confidential, sensitive or Personal Information; (d) promotes bigotry, racism, hatred or harm against any group or individual; (e) is obscene or not in good taste; (f) violates or infringes or promotes the violation or infringement of another’s rights, including intellectual property rights; (g) you do not have the right and authority to enter use; (h) violates or promotes the violation of any applicable laws or regulations; (i) contains a solicitation of funds, goods or services, or promotes or advertises goods or services; (j) contains any viruses, Trojan horses, or other components designed to limit or harm the functionality of a computer; or (k) uses any AI features in a manner that violates fair lending, anti-discrimination, or consumer protection laws.

Our Data Roles and Use of Data: We act as a service provider or processor, as those terms are defined under applicable state privacy laws, with respect to personal information We process on behalf of and at the direction of Our Clients. We act as a business or controller with respect to information We collect for Our own purposes, such as account, registration, and usage information, as described in Our Privacy Policy. As between the parties, Clients and users retain their rights in the data they submit to the Services; You grant Us a license to host, use, process, transmit, and display such data as necessary to provide the Services, to comply with law, and as otherwise authorized in the Master Terms, this Agreement, or by You. Where a Client or user elects to provide data to Us in connection with additional services or features, Our use of that data is governed by the applicable service terms and Our Privacy Policy. We may create, use, and retain aggregated, de-identified, or anonymized data that does not constitute personal information and does not identify any Client, user, or individual, for Our internal product improvement and other lawful business purposes. We do not claim ownership of Client or user data for independent commercial purposes beyond the limited uses described herein.

Indemnity: To the fullest extent allowed by applicable law, you agree to indemnify and hold harmless Land Gorilla, its officers, members, managers, employees, vendors, and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, due to or arising out of use of Site or Services provided by Us, including any claims arising from your use of AI features in consumer lending decisions or failure to comply with automated decision-making requirements.

Termination of Use: You agree that Land Gorilla, in its sole discretion, at any time may discontinue providing or limit access to the Site and Digital Property accessed through it. You agree that Land Gorilla shall not be liable to you or any third-party for any termination or limitation of your access to, or use of, the Site or any of its Digital Property.

Disclaimer of Warranties: UNLESS OTHERWISE EXPRESSLY AGREED IN A WRITING SIGNED BY AN OFFICER OF LAND GORILLA, ALL INFORMATION, MATERIALS, AND PROCESSES INCLUDED IN THE SITE AND DIGITAL PROPERTY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER.

WE EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WE DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE AND DIGITAL PROPERTY. WE DO NOT WARRANT THAT (1) THE SITE OR DIGITAL PROPERTY WILL MEET YOUR SPECIFIC REQUIREMENTS, (2) THE SITE OR DIGITAL PROPERTY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR DIGITAL PROPERTY WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR ASSOCIATED WITH THE DIGITAL PROPERTY WILL MEET YOUR EXPECTATIONS, AND (5) ANY ERRORS IN THE SITE OR DIGITAL PROPERTY WILL BE CORRECTED. WE DISCLAIM ANY WARRANTIES FOR ANY INFORMATION, CONTENT, OR ADVICE OBTAINED THROUGH THE SITE OR BY USE OF DIGITAL PROPERTY BUT NOT INCLUDED IN THESE TERMS. WE DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SITE.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE CONTENT ON THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR LOSS OF DATA THAT RESULTS FROM THE SUBMISSION OR DOWNLOAD OF SUCH CONTENT.

Limitations of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU FOR ANY CLAIM RELATING TO THIS AGREEMENT OR ITS SUBJECT MATTER. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OF, MISUSE OF, RELIANCE ON, PERFORMANCE OR NON-PERFORMANCE OF THE SITE, OR THE INABILITY TO USE THE SITE, OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, IS LINKED, OR IS RELATED IN ANY WAY TO THE SITE; (ii) THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING DAMAGES INCURRED BY THIRD PARTIES); (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (vi) ANY OTHER MATTER RELATING TO THE SITE.

Without limiting the foregoing, under no circumstances shall We be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond Our reasonable control, including, without limitation to, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS OF USE DO NOT APPLY AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.

Artificial Intelligence and Automated Features

Classification of Features. The Services include artificial intelligence and other automated features. Each such feature falls into one of three classes. Land Gorilla designates each feature into a class at or before release and may update designations as features evolve:

• “Embedded Features” are automated capabilities that operate as part of the Services generally, such as document digitization and optical character recognition, media authenticity and tamper-detection checks, workflow automation, and drafting or summarization assistance subject to human review. Embedded Features are provided under these Terms without separate activation.
• “Decision-Support Features” are features that generate risk metrics, scores, analyses, or reports concerning construction projects, properties, budgets, collateral conditions, or the qualifications, history, and operating information of business entities and their principals (such outputs, “Risk Analytics”). Decision-Support Features are activated only by Client opt-in, enablement, or individual order submission, as described below.
• “Interactive Features” are conversational or assistant-style artificial intelligence capabilities that interact directly with a user, such as chatbots or virtual assistants, and are subject to the acknowledgment provisions below.

Terms Applicable to All Classes. AI outputs are informational, require human review, and are not final decisions. Users are prohibited from using the Service to circumvent, disable, or otherwise interfere with any embedded AI watermarks, latent disclosures, or provenance metadata included in AI-generated outputs, and from using any AI feature in a manner that violates fair lending, anti-discrimination, or consumer protection laws. Where required by applicable law, We will make available any legally required disclosures regarding AI systems and training data.

Automated Decision-Making Technology (ADMT) and Profiling. The Service may utilize automated decision-making technology (ADMT), including algorithms or logic that substantially facilitates operational and risk management decisions. These B2B tools are designed for operational efficiency and do not make final decisions with legal or similarly significant effects on individual consumers. However, if Our Services are used in connection with consumer financial decisions (e.g., via customer portals or lender workflows involving borrowers), such use may trigger ADMT requirements under the California Consumer Privacy Act (CPRA) and similar laws, including pre-use notices, opt-out rights, and access to logic and outcomes.

Where ADMT qualifies as profiling under law, disclosures and rights are provided in Our Privacy Policy. Clients are responsible for providing any required notices to their end users (e.g., borrowers) and honoring opt-out requests. Land Gorilla provides configurable tools and documentation to support client compliance with ADMT, fair lending, and explainability obligations. End users should consult with their lenders on the lender’s selection of our Services.

Decision-Support Features; Not Consumer Reports. Risk Analytics outputs are provided solely for B2B risk management and operational efficiency. They may include, for example: identification of stalled construction, budget variances, cost and feasibility anomalies, schedule risk, lien activity, and document or inspection discrepancies; and assessments of the historical performance, qualifications, licensing, litigation and lien history, and operating information of business entities and their principals, based on aggregated data from third-party public records and specialized commercial databases.

Permitted use is limited to the User’s independent evaluation of professional qualifications, project risk, and project, budget, or collateral conditions. Risk Analytics outputs do not constitute a “consumer report,” are not credit scores, and shall not be used, in whole or in part, to determine any individual’s creditworthiness or eligibility for credit, insurance, employment, housing, or any other purpose regulated by the FCRA. Where a builder or service provider is a sole proprietor or an individual, Users must not use these outputs for any FCRA-regulated purpose concerning that individual, and Land Gorilla may limit the content of, or decline to provide, reports or assessments concerning builders or service providers who are sole proprietors or individuals. Clients using Decision-Support Features in lending workflows are solely responsible for compliance with applicable law, including ECOA and Regulation B, adverse action requirements, and testing for algorithmic bias, and shall not represent Land Gorilla outputs as consumer reports or credit determinations.

Activation, Certification, and Feature Documentation. By opting in to, enabling, or submitting an order for any Decision-Support Feature, Client (including through its Client Users and authorized users) certifies that its use will comply with this Section, and each such opt-in or order submission reaffirms that certification. Land Gorilla may additionally condition access on a separate written certification of permitted use. Upon activation of a Decision-Support Feature, Land Gorilla will make available documentation describing the feature’s intended uses, known limitations, prohibited uses, and recommended human oversight (“Feature Documentation”), and Client shall use the feature consistent with the then-current Feature Documentation.

Interactive Features; AI Interaction Acknowledgment. You may interact with Interactive Features within the Service. Land Gorilla will disclose when You are interacting with an artificial intelligence system and not a human, and may require You to acknowledge that disclosure upon first use, which acknowledgment may be recorded. Continued use of an Interactive Feature after disclosure constitutes Your ongoing acknowledgment. Outputs of Interactive Features are informational, require human review, and are not final decisions.

Usage and Performance Analytics. Certain features may evaluate or provide analytics on user performance (e.g., speed or accuracy in task completion) for internal B2B purposes. These are intended to support operational efficiency. Land Gorilla does not use such metrics as the sole basis for decisions that produce legal or similarly significant effects concerning an individual. Users acknowledge that such metrics may be generated as part of Service use, and Clients are responsible for their own compliance with applicable workforce privacy laws in any use they make of such analytics.

AI in Lending and Financial Services. Our Services include AI-powered tools for construction lending workflows (e.g., risk scoring, automation, inspections, and due diligence). These are provided to support Clients’ internal processes and do not replace human judgment or lender decision-making. Clients are solely responsible for: (1) ensuring AI outputs are explainable and documented for regulatory purposes (e.g., CFPB adverse action requirements); (2) conducting bias testing and fairness reviews; and (3) maintaining human oversight in all credit-related decisions. Land Gorilla does not guarantee compliance with fair lending laws and disclaims any liability for Client misuse.

SMS Terms

SMS Terms: Two-Factor Authentication (Land Gorilla Web Application). These SMS terms govern the text messages Land Gorilla sends through its two-factor authentication messaging program and supplement the Communications provisions of the Privacy Policy. By enabling SMS two-factor authentication in your account settings, you agree to these SMS terms.

1. Program description. Land Gorilla sends one-time passcodes (OTPs) by SMS to existing vendors and inspectors for two-factor authentication (2FA) when they sign in to the Land Gorilla web application or enable or re-enable SMS verification in their account security settings. These messages are transactional and triggered by your own login or security actions. We do not send marketing or promotional messages through this program.
2. How you opt in. SMS verification is opt-in. After signing in, you open your account security settings, select SMS as your two-factor authentication method, and enter your own mobile phone number. You then receive a one-time code that you must enter to confirm the number and complete enrollment. Verification codes are sent only afterward, when you sign in or re-enable the method.
3. Message frequency. Message frequency depends on your account activity; you receive a message each time you sign in or perform a security action that requires verification.
4. Cost. Message and data rates may apply, depending on your mobile carrier and plan.
5. Opting out. You can cancel SMS verification at any time by disabling it in your account security settings, or by replying STOP to any message. After you send STOP, we will send one confirmation message and then stop sending SMS verification codes. To resume, reply START or re-enable SMS verification in your account settings.
6. Help. For help, reply HELP to any message or contact us at [email protected] or 855-887-3800.
7. Carriers. Carriers are not liable for delayed or undelivered messages.
8. Privacy. The mobile phone number and opt-in information you provide for SMS verification are used solely to deliver two-factor authentication codes. We do not sell, rent, or share this information, including your mobile number and SMS opt-in, with any third parties or affiliates for their marketing or promotional purposes. See our Privacy Policy for details.

General

These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of law provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. These Terms constitute the entire agreement between the parties and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (including, but not limited to, any prior versions of the Terms). Any amendment to or waiver of any provision of the Terms will be effective only if in a writing that expressly identifies itself as an amendment or waiver and is signed by an officer of Land Gorilla. No employee, agent, or representative of Land Gorilla other than an officer of Land Gorilla has authority to modify these Terms, waive any provision, or make binding representations, warranties, or commitments on behalf of Land Gorilla, whether by email, other communication, statement, or course of conduct, including communications regarding any loan or project. No course of dealing, and no failure or delay in enforcing any provision, constitutes a waiver. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.

Copyright: Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works may be an infringement of the rights of the copyright owner. You agree that you will not use the site to infringe Land Gorilla’s intellectual property rights, including all its Digital Property, or the third-party intellectual property rights. Do not remove, deface, or overprint any notice of copyright, trademark, logo, or other notice of ownership from any content of Digital Property accessed through Our site.

Procedure for Claims of Copyright Infringement: Land Gorilla provides the following process for reporting copyright infringement. If you believe that your copyrighted work has been copied and is accessible on Our site or Digital Property which may constitute copyright infringement, please send a notice with the following to Our contact:

• A description of the copyrighted work you claim has been infringed and a description of the infringement.
• A description of where the alleged infringing material is located on Our site, including the URL where posted.
• Name, address, telephone number, and email address.
• A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law.
• The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf.
• A statement by you, made under penalty of perjury, that the above information provided is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Arbitration Agreement

Agreement to Arbitrate; Federal Arbitration Act. You and Land Gorilla agree that all disputes, claims, or controversies arising under or in connection with these Terms, the Site, the Digital Property, or the Services shall be resolved by final and binding arbitration administered by Judicial Arbitration and Mediation Services, Inc. (JAMS) or successor organization, before a single arbitrator with experience as a Superior Court Judge or at least five (5) years arbitrating complex technology contracts, selected by the parties or, if they cannot agree, by JAMS in an impartial manner determined by it. This Arbitration Agreement evidences a transaction involving interstate commerce and is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16, including its procedural provisions, and not by any state arbitration statute, including the California Arbitration Act, notwithstanding the choice of California law elsewhere in these Terms.

Consumer Users and Business Users. For purposes of this Arbitration Agreement and the Class Action Waiver, “Consumer User” means an individual who uses the Services primarily for personal, family, or household purposes (for example, a borrower using OneSite in connection with a loan on their own residence). All other users, including Clients, Client Users, and Limited Users acting in a business capacity, are “Business Users.”

Rules and Procedure. Arbitration shall be conducted under the applicable JAMS rules in effect when the arbitration is commenced: the JAMS Comprehensive Arbitration Rules and Procedures for Business Users, and the JAMS Streamlined Arbitration Rules or other applicable consumer procedures, together with the JAMS Consumer Arbitration Minimum Standards, for Consumer Users. Discovery shall be governed by the applicable JAMS rules. The arbitration hearing will be commenced within one hundred eighty (180) days of the filing with JAMS by any party, and a decision shall be rendered by the arbitrator within thirty (30) days of the conclusion of the hearing, unless the applicable JAMS rules or the arbitrator provide otherwise. The arbitrator shall have complete authority to render any and all relief, legal and equitable, appropriate under applicable law and these Terms, including, for Consumer Users, all remedies that would otherwise be available in court in an individual action.

Venue and Hearing Location. For Business Users, arbitration shall take place in San Luis Obispo County, California, U.S.A. (or other location as both parties may agree). For Consumer Users, consistent with the JAMS Consumer Arbitration Minimum Standards, any in-person hearing shall take place in the county where the Consumer User resides or another location reasonably convenient to the Consumer User, or the arbitration may proceed by remote or documentary means where permitted by the applicable JAMS rules.

Fees and Costs. For Consumer Users, Land Gorilla will pay all JAMS fees and arbitration costs other than the Consumer User’s initial filing fee as capped by the JAMS Consumer Arbitration Minimum Standards, and each party shall bear its own attorneys’ fees except where applicable law authorizes the arbitrator to award fees. For Business Users, the arbitrator shall award costs of the proceeding, including reasonable attorneys’ fees, to the party determined to have substantially prevailed. Any arbitration fees or costs payable by Land Gorilla shall be due sixty (60) days after Land Gorilla’s receipt of the invoice, and this provision states the agreed number of days for payment of arbitration fees and costs for all purposes, including under any applicable state statute.

Notice of Dispute. Before initiating arbitration, the party asserting a claim must provide a written Notice of Dispute to the other party (to Land Gorilla at [email protected]) at least sixty (60) days in advance, describing the dispute and the relief sought, to allow for a good-faith resolution period.

Carve-Outs. Notwithstanding the foregoing: (1) either party may bring an individual claim in small claims court in a court of competent jurisdiction, so long as the claim remains in small claims court and is pursued only on an individual basis; (2) either party may seek equitable relief in court to protect intellectual property rights or to enforce this Section; and (3) to the extent a claim for public injunctive relief under California law cannot lawfully be waived or arbitrated, that claim shall be severed and may be pursued in a court of competent jurisdiction after arbitration of all arbitrable claims has concluded, and shall be stayed pending that arbitration, with all other claims and requests for relief resolved in arbitration.

Enforcement of Awards. An award of arbitration may be confirmed and enforced in any court of competent jurisdiction. For Business Users, any court proceeding to compel arbitration, confirm an award, or enforce this Section shall be subject to the exclusive jurisdiction of the state courts in and for San Luis Obispo County, California, U.S.A. (or, if there is federal jurisdiction, the United States District Court for the Central District of California), and Business Users irrevocably submit to the personal and exclusive jurisdiction and venue of such courts.

International Disputes. Notwithstanding the foregoing, regarding international disputes, including whether the claims asserted are arbitrable, such disputes will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The tribunal will consist of a sole arbitrator, who shall be a retired judge from the U.S. court system or an attorney with at least ten years of experience in business law. The seat of the arbitration will be California, United States of America. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof. International clients expressly agree to this method of dispute resolution, including selection of exclusive venues for such arbitration.

Class Action Waiver

EXCEPT AS EXPRESSLY PROVIDED IN THE CARVE-OUTS OF THE ARBITRATION AGREEMENT ABOVE, ALL DISPUTES SHALL BE RESOLVED THROUGH INDIVIDUAL, BINDING ARBITRATION. YOU AND LAND GORILLA EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO BRING, PARTICIPATE IN, OR RECOVER THROUGH ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION, WHETHER IN ARBITRATION OR IN COURT. Coordinated, duplicative, or mass arbitration filings shall be administered in accordance with the JAMS Mass Arbitration Procedures (or successor rules), including staged or batched proceedings, and shall not be arbitrated on a class, collective, or representative basis. For any claim subject to coordinated, staged, or batched administration, all applicable statutes of limitation and filing deadlines shall be tolled from the date the claimant submits a Notice of Dispute or files an arbitration demand, whichever is earlier, until the date the claimant’s claim is permitted to proceed in its batch or stage. If the prohibition on class, collective, or representative proceedings is found unenforceable as to a particular claim, that claim (and only that claim) shall proceed in a court of competent jurisdiction, and the remainder of this Section shall be enforced in arbitration.

Contact

Contact information for Notices and for all questions regarding these terms is:

Land Gorilla, Inc. 1241 Johnson Ave., #154 San Luis Obispo, CA 93401 Email: [email protected] Phone: 855-887-3800