Terms & Conditions

Lender Platform

Incredible is a direct lender and makes commercial, business purpose loans. Loans are for investment purposes only and not for personal, family, or household use on a property consisting of a single parcel of real property with a detached single-family residence thereon, or a two- to four-family dwelling, a townhouse, or an individual condominium unit in a condominium, a cooperative unit, or an individual unit in a planned unit development (“Lending Services”). Loan product availability may be limited in certain states. This is not a commitment to lend. All loans are subject to borrower underwriting and credit approval, in US Mortgage’s sole and absolute discretion. Other restrictions apply.

Please note that we are not a government agency, government organization, financial institution, funding provider or other funding provider.

Broker Platform

Incredible also provides you with easy online application services to access loans from third party lenders (“ Broker Services” and together with Lending Services will be referred to as “Services”). Under this service, Incredible is not a loan provider, loan broker, or other funding provider and does not provide actual loans or any kind of advice. Approval of an actual loan from a third-party lender is subject to a separate assessment process by the third-party lender and the loan is subject to the third-party lender’s terms and conditions. We can’t guarantee you will be matched or be given an offer, nor that your matches will be the best possible rates and terms available in the market.

Loan approval time may vary and is not guaranteed

Please note that generally you, either on your own or through an independent third party, as required by applicable law, can apply for business purpose loans without the use of the services directly with other business purpose funding providers.

Please note that you may obtain information regarding commercial lenders, and regarding non owner occupied funding from professional brokers, business consultants, financial institutions or other funding providers. The Company is not permitted to provide you the actual funding or any kind of advice, explanation, opinion, or recommendation about possible financial or legal rights, remedies, defenses, options, selection of forms or strategies.

Pricing and Fees

We do not charge you any fee for the Service. We may charge fees for certain Additional Services, as specified in the applicable Additional Service sign-up page. Company does not control a funding provider’s terms, and a funding provider’s funding terms and conditions are entirely and solely within the Funding Provider’s discretion.

We may charge a fee for the Additional Services.

No refunds are issued for any reason for Additional Services. All Services are provided as-is without any guarantee. By purchasing any Additional Service, you are confirming that you have read and understand our no refunds policy. You further agree that you will not make or attempt to make any chargebacks.

We may receive a referral fee from funding providers for providing the connection between you and the fund providers. The service does not necessarily include all fund providers or all types of products available in the marketplace.

Application Services on our Broker Platform

We shall provide the following assistance with respect to your search for a business purpose funding:

(1) preliminary funding assessment services on behalf of our trusted third party funding providers (the “Funding Provider(s)”) using the information provided by you through the pre-qualification questioner completed by you for the grant of such business purpose funding (“ Prequalification Criteria”). The pre-qualification questioner may request information including but not limited to business name and address, amount and intended purpose of funding sought, and certain financial information and documents (the “Application Information”);

(2) additional Services (the ” Additional Services“) designed to improve your credit score or otherwise improve the attractiveness of your funding application. Such services shall include access to Company E-book, live Dashboard, Company ‘s breakdown of financial statements and Company’s internal score generated using Company’s internal ranking system (“ILSTM Services“). The ILSLendingScoreTM Services shall be offered at the discretion of Company , if offered to you, you may be granted with access to Company’s ILSTM dashboard which will provide you with relevant information and tips for how to improve your credit score and other factor such as: sales, cash flow management etc., you’ll also be provided with access to Company ‘ live dashboard which will enable you to understand the reasons for funding rejection, a personalized step-by-step optimization plan, an option to view your real credit score and monitor your process, and eventually provide you with your ILSTM.

If, based on our Pre Qualification Criteria and at our sole discretion you are found eligible, we will forward your Application Information to Funding Providers. By providing the Application Information to Company, you authorize us to furnish the Funding Provider with your Application Information on your behalf and, if necessary, verify certain fields of your Application Information You may be found eligible for business funding by several Funding Providers. In case you have been found eligible by several Funding Providers, your authorization to share your Application Information will apply to each Funding Provider you have chosen to complete the application process with, as described in this paragraph.

We collect such Personal Information that you provide us in order for us to provide you with our Services. This Personal Information may include: your full name, gender, birth date, place of birth, place of residence, profession and professional experience, or the Application Information. Telephone conversations may be recorded.

Your receipt of the funding from the Funding Provider is subject to a separate agreement between you and the Funding Provider. You acknowledge and agree that Company has no role in the Funding Provider’s decision to provide or not provide funding to you, and that Company provides the Application Information to the Funding Provider on your behalf.

You authorize us to use the Application Information for all purposes related to the Service, and to have continued access to your Application Information, provided that such access shall be used solely for the purpose of providing the Service to you.

Funding Providers may require you to provide bank statements in order to complete their assessment process regarding your request (“the Statements”). You may be able to choose to (1) Share your Statements with the Funding Provider(s) through the options provided on their respective website(s); or (2) use the third party service through our website which will enable us and the Funding Provider(s) to retrieve your Statements (some Funding Providers may enable you to use the third party service on their respective websites). By using the third party service, you represent and warrant that you have taken all the required steps with your bank in order to authorize the third party service or similar applicable third parties to obtain access to your bank account(s). If you choose to use the third party service on our website, you will be asked to enter your online banking credentials. These credentials will not be stored or used by us. To learn more about the third party service, please visit their website. The Statements may be retained and shared by us with the Funding Provider(s) or sent directly to the Funding Provider(s), based on the contractual relationship between the third party service and the Funding Provider(s). Please note that some Funding Providers may require a separate process of obtaining your Statements as part of their authorization process, even if such Statements have been provided by one of the options mentioned in this paragraph.

Disclaimer of self-representation for the Lending and Broker platform

By using the Site or Services, you represent and warrant that:

(a) any and all information you or submit is truthful and accurate;

(b) you are of a legal age to form a binding contract to receive funding;

(c) your use of the Site or Services does not violate any applicable law or regulation or any obligation; and

(d) your use of the Site or Services is for a bona fide business purpose.

By using the Site or Services to assist your self-representation, you agree to the following terms. You are representing yourself and/or the entity you are authorized to represent in this business matter. No attorney-client or other professional privilege is created with the Company.

You have been fully informed of the Services that Company is performing. No governmental entity or authority has evaluated or approved Company’s knowledge or experience, or the quality of Company’s Services.

Modification of Terms

From time to time we may revise these Terms. If there are material changes to these Terms, we will notify you of such changes by posting a message on the Site. We encourage you to periodically review these Terms. Any revision will be effective immediately upon posting. By accessing or using the Site after we have posted notice of revised Terms, you agree to such revised Terms. If you are a registered user of the Site, we will require you to consent to these Terms and to material revisions of these Terms through an electronic signature by requesting that you affirmatively click on a box containing the words “I accept,” “I agree,” or a similar phrase. If you click on such a box, your click will be deemed your legally binding electronic signature.

Access to this Site

Access to and use of certain portions of the Site and our systems may require a user name, password and/or other unique identifiers which you will be required to use (“User Codes”). User Codes are for your personal use only and you are responsible for the security and confidentiality of your User Codes. You are responsible for all acts or omissions that occur while your User Codes are being used. We are not responsible for any breach of security caused by your failure to maintain the confidentiality and security of your User Codes. You agree to notify us immediately in the event of loss, theft or disclosure of any or all of your User Codes or if you believe the confidentiality or security of any or all of your User Codes has been compromised in any way or if you learn about a possible or actual unauthorized access to and/or use of the Site. We may revoke or modify your User Codes at any time without prior notice.

Electronic Documents

We may, in our sole discretion, permit you to consent to agreements on the Site through an electronic signature by requesting that you affirmatively click on a box containing the words “I Accept,” “I Agree” or a similar phrase. If you click such a box, your click will be deemed your legally binding electronic signature. Carefully review any agreement before clicking on such a box and agreeing to the terms of that agreement.

Links

The Site may provide links to sites maintained by third parties (“Third Party Sites”). We do not operate or control any of the Third Party Sites and are not responsible or liable for any information, products or services on or available from them. We provide these links without warranties or representations of any kind, express or implied, including, without limitation, any warranty of merchantability or warranty of fitness for a particular purpose. We do not in any way endorse the Third Party Sites or any products or services described or provided therein. Third Party Sites may have their own terms of use, which differ from these Terms. Your access to Third Party Sites through links provided on the Site is subject to the terms of use and policies of those sites, not these Terms.

Intellectual Property

All intellectual property rights in the images, text, screens and Web pages provided through the Site are owned by us or our affiliates or licensors. You may copy information from the Site for your personal use only, provided that each such copy includes any copyright, trademark or service mark notice or attribution as they appear on the original pages from the Site. The information and materials may not otherwise be copied, displayed, distributed, downloaded, licensed, modified, published, reported, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without our express written permission. The following marks are trademarks and/or service marks owned by us (the “US Mortgage Marks”): US Mortgage name and logo. Other company, product, and service names and logos used and displayed on the Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to us. No license or right to use any of the US MortgageMarks is granted, whether by implication, estoppel, or otherwise unless specifically granted in writing by us in each instance. All goodwill generated from the use of the US MortgageMarks will insure our benefit. If you believe that the Site contains content that infringes your copyright, please provide the following information to our Copyright Agent designated below: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf. Our Copyright Agent’s information is as follows: XXXXX

Site Content

We will use commercially reasonable efforts to include accurate and up-to-date information on the Site, but we make no warranties or representation as to the accuracy of the information. For your convenience, the Site may contain certain form legal documents. The presence of these forms does not constitute the delivery of legal advice to you. You should consult with your own counsel about the advisability of using any such document.

Disclaimer; Limitation of Liability

THE USE OF THE WEBSITE AND ALL CONTENT AND SERVICES AVAILABLE THROUGH THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. NEITHER WE NOR OUR AFFILIATES OR SUBSIDIARIES, OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “ US MORTGAGE PARTIES”) ARE RESPONSIBLE FOR THE CONSEQUENCES OF SUCH USE. THE WEBSITE AND ALL CONTENT AND SERVICES AVAILABLE THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, (i) ANY WARRANTIES CONCERNING THE AVAILABILITY OR CONTENT OF INFORMATION, PRODUCTS, SERVICES OR RESULTS AND (ii) ANY WARRANTIES OF MERCHANTABILITY,

NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT OR SERVICES AVAILABLE THROUGH THE WEBSITE IS TO STOP USING THE WEBSITE OR THE CONTENT OR SERVICES AVAILABLE THROUGH THE WEBSITE. IN NO EVENT WILL ANY OF THE US MORTGAGE PARTIES BE LIABLE (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE WEBSITE OR ANY CONTENT OR SERVICES AVAILABLE THROUGH THE WEBSITE.

Indemnification

You agree to indemnify the US Mortgage Parties and hold them harmless from and against any losses, damages, proceedings and costs and expenses (including reasonable attorneys’ fees) relating to or arising from your use of the Site or the content or services available through the Site or your violation of these Terms.

Unavailability of the Site

While the Site is generally available 24 hours a day, we do not guarantee that the Site will be available at any particular time or with any particular frequency. We may make the Site unavailable or interrupt Services from time to time for any reason whatsoever, including routine maintenance. In addition, the Site may be unavailable or interrupted due to circumstances outside of our control. We have no liability to you for any losses or damages arising out of the interruption or unavailability of the Site.

Use of and access to the Site or Services is void where prohibited by law

Termination

We reserve the right, in our sole discretion, to restrict, suspend or terminate these Terms and your access to all or any part of the Site at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all of any part of the Site at any time without prior notice or liability.

Information

Your use of the Site may involve the transmission to us of certain of your personally-identifiable information. Our collection and use of such personally-identifiable information is governed by our Privacy Policy, which is hereby incorporated by reference in its entirety.

Additional Services

We may offer you additional services (the “ Additional Services”), from time to time, including but not limited to: providing additional written or oral information regarding financial conduct, providing monthly updates regarding financial issues and so on.

The Additional Services will be provided in accordance with the Terms and the Privacy Policy. Specific terms may apply for each one of the Additional Services and will be stipulated alongside such Additional Service.

Miscellaneous

These Terms shall be governed by the law of the State of Israel, exclusive of its choice of law rules. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these Terms or the Application shall be brought exclusively in the courts in Tel-Aviv, and you irrevocably consent to their jurisdiction. Any cause of action against Company must be brought within one (1) year of the date such cause of action arose. If any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Company or authorizes you to act on behalf of Company . Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between Company and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled. We may assign our rights and obligations hereunder to any third party without prior notice. You shall not assign any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If we are required to provide notice to you hereunder, we may provide such notice to the email account that you provided to us.

Messaging Policy

If you have given us the applicable consents, we, or other third parties on our behalf, may contact you by calls or text messages. including from an automatic telephone dialing system or an artificial or prerecorded voice, for advertising and telemarketing purposes, at the telephone number you provided. This consent, if provided, will apply even if your telephone number is currently on any state, federal, or corporate Do-Not-Call registry.

We will send you information regarding your application process (such as a notification on missing info, funding application status and so on).

Frequency of Messages: The number and frequency of SMS/MMS messages sent to your device depends on several factors including number of funding requests you have made, if you have asked for help or support etc.

Opt-out: reply STOP to any text message you receive, or contact Company. You consent that following such a request to unsubscribe, you will receive one (1) final message from Company confirming your request. Please allow up to three (3) business days to process your request. You may resume receiving messages at any time by replying UNSTOP.

For Help: Reply HELP to any message, or contact us at [email protected]

Cost: Message and data rates may apply to each text message sent or received in connection with Company text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans). Company does not impose a separate fee for sending messages. You acknowledge and agree that you are solely responsible and liable for obtaining, maintaining, and paying all charges related to your mobile device(s).

No Guarantee: Company is not responsible for incomplete, lost, late, or misdirected messages, including (but not limited to) undelivered messages resulting from any form of filtering by your mobile carrier or service provider or otherwise.

Use of Automated Dialing Technology: You acknowledge and agree that the SMS Alerts Service may be provided in some cases through automatic telephone dialing technology, an artificial voice or a pre-recorded voice. By providing us your phone number, you expressly consent to receive the SMS messages service through automatic dialing technology, artificial and pre-recorded voice.

General Communications: You agree to receive notifications from Company, its representatives, employees, and agents, through any means authorized under these Terms, including phone calls and text messages that use automatic telephone dialing technology, artificial voice or pre-recorded voice or live person.

Carriers: Supported carriers may vary according to your location.

Termination: Company reserves the right, in its sole discretion, to cancel or suspend any or all of the SMS Alerts Service, in whole or in part, for any reason, with or without notice to you.

Last updated: 13/4/2020

Privacy Notice

Effective Date: May , 2020 Last Reviewed on: May 5, 2020

USa Mortgages, operated by Incredible Credit ltd (“USA Mortgage”) respects your privacy and provides this Privacy Notice (“Privacy Notice”) to help you understand how we obtain and process your personal information. We encourage you to read this Privacy Notice carefully so that you can understand our policies and make informed choices regarding your personal information. This Privacy Notice applies to all visitors and users of this website. By your access or use of this website, you understand and consent to our policies and practices.

This Privacy Notice does not apply to information collected by:

Us offline or through any other means, including on any other website operated by any third party.

Any third party, including through any application or content that may link to or be accessible from our website.

We reserve the right to amend this Privacy Notice at our discretion and the information contained here may change from time to time. Your continued use of our website will be deemed acceptance of any changes. We advise you to check this Privacy Notice periodically for any updates or revisions.

  1. Personal Information.

We refer to personal information generally as data that can be reasonably linked with or used to identify you. Personal information includes your contact information, demographic information, social security number, driver’s license, and/or financial information.

Please be advised that personal information does not include:

Publicly available information from government records.

Deidentified or aggregated consumer information.

Information excluded from any statutory definition of personal information, including, and not limited to, information covered by sector-specific privacy laws such as the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or

California Financial Information Privacy Act (FIPA), or the Driver’s Privacy Protection Act of 1994.

This website is not intended for children who are under 13 years of age. We do not knowingly collect any information from children who are under the age of 13. If you are under 13 years of age, do not use or provide any information on this website, register on the website, or provide any information about yourself to us. If we learn that we have received personal information from a child under 13, we will delete that information.

  1. How We Receive and Process Your Personal Information.

US Mortgage does not collect any personal information from you through our website unless you voluntarily provide such information to us. How we receive and process your personal information depends on the nature of your relationship with US Mortgage.

US Mortgage may have collected the following categories of personal information from you within the last twelve (12) months:

Identifiers

Information that may be used to identify you as a consumer such as your real name, alias, postal address, email address, unique personal or online identifier, IP address, account name, Social Security number, driver’s license or passport number, telephone number, employment history, bank account number, or financial records. For example, when you submit a loan application, you voluntarily provide us with your contact information so that we can process and respond to your inquiry.

Protected classifications

Information including your race, national origin, religion, gender, disabilities, veteran or military status. We may be required to collect such information to ensure our compliance with fair lending laws.

Professional or employment-related information

If you submitted a job application to be considered for employment, we may retain personal information such as current or past employment-related information.

We obtain the categories of personal information listed above directly from you when you voluntarily provide it to us, including information that you submit

through our website. For example, we process data that you input and transmit via the Borrower portal.

III. Use of Personal Information

US Mortgage only uses your personal information in connection with legitimate business purposes or to ensure our compliance with applicable law. We may use or disclose personal information we collect for one or more of the following purposes:

To accomplish and fulfill the purpose for which you provided us the information. For example, if you contact us with an inquiry about our products, we may ask that you provide your name and contact information so that we can respond to and follow-up on your request.

To process your requests, transactions, and prevent transactional fraud;

To improve our communications with you and to deliver content, product, and/or services that are relevant to your interests.

To detect or prevent security incidents or other illegal activity and prosecuting the responsible parties.

To respond to law enforcement requests, court orders, or governmental regulations.

We will not collect additional categories of personal information or use the personal information collected for materially different, unrelated, or incompatible purposes without providing you with notice or obtaining your consent.

  1. Disclosure of Personal Information

US Mortgage will only disclose your personal information to our affiliates and/or non-affiliated parties for legitimate business purposes or as required by law. We do not sell your personal information. We may share your personal information with the third-party service providers to fulfil the purpose for which you provided us the information. For example, we may work with a title solution company to verify your ownership of property within the ordinary course of reviewing borrower applications.

We may share your information with our business partners and services providers, to the extent necessary for us to administer and maintain the Website and provide you with our products and/or services.

If we or all or substantially all of our assets are acquired, we expect that the information that we have collected, including personal information, would be transferred along with our other business assets.

We may disclose user information to government authorities, and to other third parties when compelled to do so by government authorities, at our discretion, or otherwise as required by law, including but not limited to in response to court orders and subpoenas. We also may disclose user information when we have reason to believe that someone is or may be causing injury to or interference with our rights or property, other users of this Website, or anyone else that could be harmed by such activities.

How We Protect Your Information

We take commercially reasonable steps to protect the Personal Information and the Usage In Formation from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet.

In particular, e-mail may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail. Do not send confidential information account numbers to us via an unsecured e-mail. Such communications should be sent to us via postal mail at:

XXXXXXX

Non-public information you provide on a loan application we receive is not disclosed by HomeXpress to anyone outside of our organization other than our service providers. Neither we nor any of our service providers will make your information available to any other person or entity without your permission unless compelled by law.

  1. Your Rights and Choices.

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

The categories of personal information we collected about you.

The categories of sources for the personal information we collected about you. Our business purpose for using your personal information.

The categories of third parties with whom we share that personal information. It is entirely your choice to provide US Mortgage with your personal information and you have no obligation to do so. Note that if you choose not to share your personal information with us, we may be unable to provide you services where such information is required.

  1. Deletion Request Rights and Exceptions.

You have the right to request that we delete your personal information, subject to certain exceptions as described in this section. In order for us to process and honor your request, we must be able to reasonably verify your identity. Your deletion request may be denied or delayed if we are unable to verify your identity.

Once we receive and confirm your verifiable consumer request, we will honor your request unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us, our affiliates, or our service providers to:

Complete the transaction for which we collected the personal information, fulfil a service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.

Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or assist in the prosecution of those responsible for such activities.

Identify and/or repair errors in our systems that impair existing intended functionality.

Reserve and/or exercise any right(s) as provided for by law.

Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

Comply with any legal obligation(s).

Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

VII. Exercising Access, Data Portability, and Deletion Rights.

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

Emailing us at [email protected]

Only​ you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. For purposes of verifying your identity, we will need you to verbally provide data points matching the personal information in our possession.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use personal information provided in a verifiable consumer request to confirm the requestor’s identity or authority to make the request.

VIII. Response Timing and Format.

We will use reasonable efforts to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 45 days), we will inform you of the reason and the extension period.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable.