Legal

Privacy Policy

7/26/18

General

This Privacy Policy applies when you access or use www.casalending.com, or any other Casa Lending website, online service or mobile application (collectively, the “Services”), which is owned or administered by Construction Loan Services LLC d/b/a Casa Lending (“Casa Lending”) and is for the benefit of Casa Lending and its affiliates and related parties (“we”, “us” and “our”). We are committed to protecting the information that we collect from you. This Privacy Policy describes how we collect, store, use, and protect information that you provide, directly in connection with your use of the Services or indirectly through third parties, to obtain construction funding products or services available through the Services. This Privacy Policy also describes your choices regarding your information. We may amend this Privacy Policy from time to time by posting a revised, dated version on the Services. By visiting or using the Services, you accept the practices described in this Privacy Policy.

The USA Patriot Act

To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who submits a loan application

What this means for you: When you submit an application with us, we will ask for your name, mailing address, and other personally identifiable information that will allow us to verify your identity. We may also ask to see a driver’s license or other identifying documents.

Information Collected

In connection with your use of the Services, we collect, directly or indirectly, three types of information:

Information regarding a business (“Business Information”);
Information about the business’s owners and guarantors (“User Information”); and
General information (i.e., non-personally identifiable information such as website-use information) that is automatically collected as you interact with the Site (“General Information”).

Business and User Information

In connection with providing Services, we may receive Business Information from users, prospective borrowers, and guarantors including, but not limited to:

Project, business, or entity name(s)
Mailing address
Physical Street Address
Email address
Telephone number
Years in Business
Business type
Monthly Revenue
Bank account information
Payment processing procedures
Social network data
Accounting information and vendor service information

We may also receive User Information that consists of personally identifiable information, including, but not limited to: the owner’s or principal’s name, mailing address, email address, telephone number, date of birth, social security number, and estimated FICO score.

We collect User Information and Business Information from you when you (i) register on the Services, (ii) fill out forms or fields on the Services, (iii) complete an application for a product or service available through the Services or (iv) communicate with us by email, mail, text, telephone, facsimile, or other electronic means. In the course of providing the Services, we may collect additional Business Information or User Information from third parties, including, but not limited to, referral partners, identity verification services, mailing list providers, credit bureaus, and publicly available sources and may combine this information with information we already have about you.

General Information

We collect General Information from your computer, mobile device, or other access device when you use the Site (including downloading and using a mobile application or accessing a mobile-optimized site), view content about the Site on a third-party website, or open emails or links in emails from us. This General Information includes, but is not limited to, information about (i) your Internet connection; (ii) the equipment you use to access the Site and usage details; (iii) your operating system, browser version, and IP address; (iv) your mobile device type, your device’s unique identifier, and your mobile network information, and (v) web pages or advertisements that you view and information that you search for on the Site. As is true of most Services, we gather certain information automatically and store it in log files. This information may include Internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data. We may link this automatically collected data to other information we collect about you.

We and our business partners, affiliates, or analytics or service providers use cookies or similar technologies to analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by such companies on an individual and aggregated basis.

We also use analytics software to allow us to better understand the functionality of our mobile application. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We do not link the information we store within the analytics software to any personally identifiable information you submit within the mobile application.

Use of Information

One of our primary purposes in collecting Business Information, User Information, and General Information from the Services and from third parties is to establish a safe, smooth, efficient, and customized experience that allows website and mobile users to take full advantage of the products and services available through the Services. We use the information collected through the Services to:

Enable users to obtain products and services through the Services;
Facilitate activities and transactions that occur in connection with marketing, underwriting, lending, servicing, and collections;
Send notifications and information regarding the Services and products or services available through the Services;
Provide customer support;
Protect against potentially prohibited or illegal activities, including fraud;
Fulfill legal requirements;
Customize and enhance user experience;
Provide targeted marketing and advertising;
Measure the performance of and improve the Services or mobile application functionality;
Manage and protect our information technology infrastructure;
Administer and manage the security of the Services;
Compile, use, research, analyze, and generate data analytics reports to better understand our customers.

Information Sharing

We take your privacy seriously and will only share information as described in this Privacy Policy. We may share, whether aggregated or not, Business Information and User Information with business partners, service providers, and other third parties under the following circumstances:

To support our business operations including, but not limited to, customer services, fraud prevention, secure data storage, and other similar services. These companies are authorized to use your personally identifiable information only as necessary to provide these services to us;
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other transfer of all or a portion of our business or an operating unit;
To fulfill the purpose for which you provide such information to us or any other purpose disclosed by us when you provide the information to us;
To any third party with your consent;
To protect the confidentiality or security of your records, to protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability, or for resolving disputes or inquiries;
To comply with federal, state, or local laws, rules, and other applicable legal requirements, to comply with properly authorized civil, criminal, or regulatory investigations, subpoenas, summons, bankruptcy notices by federal, state, or local authorities, or to respond to judicial process or government regulatory authorities that have jurisdiction over us for examination, compliance, or other purposes as authorized by law; and
To the extent permitted or required under other provisions of laws to law enforcement, the Federal Trade Commission, or self-regulatory organizations for an investigation related to public safety.

Subject to any manual opt-out request sent to privacy@casa-lending.com, we may otherwise share, whether aggregated or not, Business Information and User Information with our business partners, including for jointly offered products and services, under agreements which restrict our business partners’ use of the information and require business partners to follow policies regarding privacy and safeguarding of User Information and Business Information. Business partners may use such information obtained from us to market their or our products or services to you, including jointly offered products or services.

We may also use, sell, license, or distribute General Information (i.e., non-personally identifiable information) or personally identifiable User Information that has been anonymized so that the information does not identify a specific user without restriction, including, but not limited to, for producing data analytics and reports for business partners or others.

We may notify you via email or a prominent notice on the Services of any change in ownership of User Information and Business Information (including as a result of a merger, acquisition, or sale of all or substantially all of its assets), changes to this Privacy Policy, as well as changes to any choices you may have regarding your personally identifiable information.

Your Access

You may review or modify your Business Information and User Information by logging into your Casa Lending account and updating your user profile. This section of the Services is password protected to better safeguard your information. As a customer, you can update your password, physical address, and phone number at any time on the Services, and if you need to change any other information in your profile, you can contact us at info@casalending.com or 206.267.2650.

We will retain your information for as long as your account is active or as long as reasonably useful for commercial purposes. We may be able to close your application but will need to retain certain information as necessary to comply with applicable laws regarding record keeping, reporting, and audits. Upon request, we can inform you of whether we maintain any of your personally identifiable information.

Your Choices

Providing information regarding your browsing and application activity is voluntary. Most computer systems and browsers offer their own privacy settings. You can adjust your privacy settings to disable the cookies used on the Services. If you disable cookies, you can still use the Services, but your ability to use some features of the Services may be limited. Most mobile phones allow you to control privacy settings, including location-based services, by accessing the device’s settings menu. If you have questions about the privacy settings on your mobile device, you should contact your mobile service carrier.

We, our affiliates, or our business partners may contact you to offer you products and services that may be of interest to you. Out of respect for your privacy, you may choose to stop receiving our newsletter or marketing emails, telephone solicitations, or other forms of contact from us, our affiliates, and our trusted business partners by following the unsubscribe instructions included in these emails or by contacting us at info@caslending.com or 206.267.2650. You may write to us at Casa Lending, 5601 6th Ave South, Suite 350, Seattle, WA 98108, Attn: Data Privacy Opt-Out. We will respond to your request within a reasonable timeframe. If you no longer wish to receive marketing notifications through the Casa Lending mobile application, you can adjust your device’s privacy preferences by visiting the settings page of the application. Opting out of newsletter or marketing emails or notifications will not stop any non-marketing emails or notifications related to the Service’s functionality or the products or services available through the Services.

Third Party Information Collection

We may partner with third parties to display advertisements on the Services and manage advertisements on other websites or mobile applications. Third parties with whom we partner may use cookies or Web beacons to collect non-personally identifiable information about your activities on this and other Web sites to provide you targeted advertising based on your interests and browsing activity. Various browsers may offer their own tools to manage cookies and tracking. Do-Not-Track is an optional browser setting that allows you to express your preferences regarding tracking by advertisers and other third-parties. We do not currently respond to Do-Not-Track signals. If you wish to limit the collection of information by us or third party partners to provide you with advertising based upon your website browsing activities and interests, you may click here to opt out. To opt out of targeted advertising on your mobile device, iOS users can click here and Android users can click here. Please note that opting out of interest-based/targeted advertising does not limit all advertising. You will continue to receive generic advertisements. To opt out of interest-based advertising or manage your preferences, visit this website.

Links to Third Party Websites

The Services may include links to other websites or mobile applications whose privacy practices may differ from ours. We are not responsible for any practices employed on third-party websites or applications, including the information and content contained on the website or application. If you submit information to a third-party website or application, your information is governed by the third party’s privacy policy. We encourage you to carefully read the privacy policy of any website or application you visit, access, or use. We are also not responsible for the accuracy of information contained on third-party websites or applications, nor do we endorse the products or services advertised or referred to on those sites.

Security of Information

We protect User Information and Business Information by using reasonable physical, electronic, and procedural safeguards in compliance with applicable federal and state regulations. We use computer safeguards such as firewalls and data encryption using Transport Layer Security (TLS) technology. We also limit access to User Information and Business Information to employees who need the information to fulfill their job responsibilities. Such employees are provided access to User Information and Business Information only to the extent necessary to complete their job duties.

We store and process information using third-party servers located in secure data centers in the United States. If you have any questions about the security of User Information and Business Information, you can contact us at the address at the bottom of this policy.

Testimonials

We may display testimonials of satisfied customers of Casa Lending Loans on the Services in addition to other endorsements. With your consent, we may post your testimonial along with the business’s and business owner’s or principal’s name and picture. If you wish to update or delete your testimonial, you can contact us at the address at the bottom of this policy.

Children Under 13

The Services and products or services available through this Services are not intended for children under 13 years-old. Casa Lending does not knowingly solicit data online from or market online to children under 13 years-old. If we knowingly receive a child’s personally identifiable information, we will immediately delete it from our system.

Social Media Widgets

The Services may include social media features, such as the Facebook “Like” button and widgets, or interactive mini-programs that run on the Services. These features may collect your IP address, which page you are visiting on our website or application, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on the Services. Your interactions with these features are governed by the privacy policy of the company providing it.

Data Retention

We will retain your information for as long as the information is needed to provide you Services. If you wish to request that we no longer use your information to provide you Services, you may contact us at the address at the bottom of this policy. We will nonetheless retain your information to the extent that we deem necessary to comply with our legal or contractual obligations, resolve disputes, or for other business purposes.

Data Collected through the Services

Casa Lending handles customer information provided through the Services in accordance with policies and procedures established by this Privacy Policy and Terms of Service. Inquiries regarding customer information should be directed to info@casalending.com or at the address at the bottom of this policy. A request to remove customer information will be responded to within 30 days of receipt of the request.

Changes to Privacy Policy

Casa Lending reserves the right to change this policy from time to time to accommodate changes in technologies, laws, and user needs. In the event we modify this Privacy Policy, we will communicate these changes to you by posting them on this website and/or by notifying you via email prior to the change becoming effective in the event of any substantive or material changes. We encourage you to periodically review this page for the latest information on our privacy practices.

Contact Us

Any questions or concerns regarding this Privacy Policy or the practices of the Site, please contact us by email at info@casalending.com or with a letter by postal mail to:

Casa Lending

Attn: Data Privacy

1019 39th Ave SE, Suite 220

Puyallup, WA 98374

For inquiries, please call 206.267.2650

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Terms of Service

General & Acceptance

BY USING AND/OR VISITING THIS WEBSITE AND/OR USING THE CASA LENDING SERVICES (specifically, inputting your user id in the space provided on various pages of the www.casalending.com website or Casa Lending mobile application, the “Services”), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the “Terms of Use” or “Agreement”) AND THE TERMS AND CONDITIONS OF CASA LENDING’S PRIVACY POLICY, WHICH ARE PUBLISHED VIA A LINK ON http://www.casalending.com (the “Website”), the Casa Lending page of the Apple App Store, the Casa Lending page of the Google Play Store, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the Website or the Services. Please note that your loan application for a funding account with Casa Lending is subject to a separate agreement that will be provided to you upon application. The use of the term Casa Lending herein includes Construction Loan Services II LLC d/b/a Casa Lending, as well as its affiliates, related parties, and managed or administered funds, and their respective affiliates, vendors, partners, agents and other personnel, however, each such entity and person are separate and distinct, and no joint venture or partnership is to be implied by common use of the Casa Lending name herein. In addition to all other agreements that may be provided to you, this Terms of Use Agreement sets forth the legally binding terms for your use of the Services and they shall apply to all users of the Website. By using the Services, you agree to be bound by this Agreement. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. PLEASE READ THIS AGREEMENT CAREFULLY AND SAVE IT. IF YOU DO NOT AGREE WITH IT, YOU SHOULD LEAVE THE WEBSITE AND DISCONTINUE USE OF THE SERVICES IMMEDIATELY. IF YOU WISH TO USE THE SERVICES, YOU MUST READ THIS AGREEMENT. Casa Lending may modify this Agreement from time to time and such modification shall be effective upon posting by Casa Lending on the Website. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. It is therefore important that you review this Agreement regularly upon each use of the Services to ensure you are updated as to any changes.

Eligibility

Use of the Services is void where prohibited. By using the Services, you represent and warrant that (a) all application information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your profile may be deleted and your application may be terminated without warning, if we believe, in our sole discretion, that you are less than 18 years of age.

Provided Services

Subject to full compliance with the Terms of this Use Agreement, the Services are provided by Casa Lending AS IS and Casa Lending assumes no responsibility for any failure in providing the Services to you. Casa Lending may change, suspend or discontinue any or all of the Services for any reason, at any time, including the availability of any products or services included within the Services. Casa Lending may also impose limits on all or any of the Services or restrict your access to parts or all of the Casa Lending without notice or liability. Casa Lending may include commercial opportunities or content in any Casa Lending product, services, image or webpage.

General Undertakings

You accept sole responsibility for all of your activities using the Services, including your conduct on the Casa Lending platform. You will not use the Services for any unauthorized or illegal purpose. You will be responsible for ensuring that you do not violate any laws of your jurisdiction, including but not limited to copyright laws. You will not upload or transmit viruses, worms or any other destructive code. You will not use bots to engage the Services.

The Services

The Services may contain third party content about, and links to, third parties and their websites that are not owned or controlled by Casa Lending. Casa Lending has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party content or websites or any of their contents. In addition, Casa Lending will not and cannot censor or edit the content of any third-party site. By using the Services, you expressly relieve Casa Lending from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.

Access

Casa Lending hereby grants you permission to use the Services as set forth in this Terms of Use, provided that: (i) you will not alter or modify any part of the Services other than as may be reasonably necessary to use the Services for its intended purpose and/or in a manner allowed by Casa Lending; and (ii) you will otherwise comply with the terms and conditions of these Terms of Service.
In order to access some features of the Services, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You accept sole responsibility for keeping your password secure. You must notify Casa Lending immediately of any breach of security or unauthorized use of your account. Although Casa Lending will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Casa Lending or others due to such unauthorized use.

Fees & Payments

Some of the services offered may require the payment of fees, interest and other amounts (“Charged Services”). These services are subject to separate agreements into which you must enter prior to participating in such service. If you elect to sign up for Charged Services, you shall pay all applicable amounts, as described on the Services in connection with such Charged Services selected by you. Casa Lending reserves the right to change its prices and at any time, subject to applicable law. You authorize Casa Lending directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information as provided while signing up for such Charged Services. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay for any such taxes that might be applicable to your use of the Services and payments made by you to Casa Lending. Other amounts and the terms for payment of those amounts are described of specific application pages as you progress through your application (and from time to time thereafter).

Intellectual Property Rights

The content on the Services (the “Content”) and the Services are subject to copyright and other intellectual property rights under local and international laws and conventions. To the best of its knowledge, Casa Lending uses only Content that it owns or is otherwise allowed and permitted for use by the owner/s of the copyrights and other intellectual property rights therein. Content on the Services is provided to you AS IS only and it may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Casa Lending reserves all rights not expressly granted in and to the Website, Services and the Content. You agree to not engage in the use, copying, or distribution of any of the Content or Services other than expressly permitted herein for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use of Services or copying of any Content or enforce limitations on use of the Services or Content therein.

Third-Party Service Providers

Provide Accurate Information. You agree to provide true, accurate, current, and complete information about yourself and your accounts maintained at other web sites and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.

Proprietary Rights. You are permitted to use content delivered to you through the Services only on the Services. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the Services technology.
Content You Provide. You are licensing to Casa Lending and its service providers (“Service Provider”), any information, data, passwords, materials or other content (collectively, “Content”) you provide through or to the Services for the purpose of enabling Casa Lending and the Service Provider to provide you the Services and for any other purpose. During the term of this Agreement, Casa Lending and the Service Provider may use, modify, display, distribute and create new material using such Content to provide the Services to you. By submitting Content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without payment of any fees, Casa Lending and the Service Provider may use the Content for the purposes set out above.
Third Party Accounts. By using the Services, you authorize Casa Lending and the Service Provider to access third-party sites designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant Casa Lending and the Service Provider a limited power of attorney, and you hereby appoint Casa Lending and the Service Provider as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third- party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN Casa Lending OR THE SERVICE PROVIDER ACCESSES AND RETRIEVES INFORMATION FROM THIRD-PARTY SITES, Casa Lending AND SERVICE PROVIDER ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third- party account providers shall be entitled to reply on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the Services are not endorsed or sponsored by any third-party account providers accessible through the Services. You acknowledge that through the use of the Services, Casa Lending shall have access to your account credentials, including but not limited to login username and passwords.

Warranty Disclaimer & Limitation of Liability

YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Casa Lending, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. Casa Lending MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THIS SERVICE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE. IN NO EVENT SHALL Casa Lending, ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. Casa Lending DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Casa Lending WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Casa Lending WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Indemnity

You agree to defend, indemnify and hold harmless Casa Lending, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) your violation of any other terms applicable to your use of Charged Services. This defense and indemnification obligation will survive these Terms of Use and your use of the Services.

Events Beyond Control

Under no circumstances shall Casa Lending be held liable for any delay or failure in this Website and/or any of the Services and/or information on the Services directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of Casa Lending, including, without limitation, Internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, war, terrorism, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. The provisions of this paragraph are in addition to, and not intended to limit or modify, the limitation of Limitation of Liability section as stipulated above.

Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Casa Lending without restriction or limitations.

General

You agree that: (i) the Services shall be deemed solely based in Washington, USA; and (ii) the Services shall be deemed a passive website and mobile application that does not give rise to personal jurisdiction over Casa Lending, either specific or general, in jurisdictions other than the State of Washington. These Terms of Service shall be governed by the internal substantive laws of the State of Washington, without respect to its conflict of laws principles. Any claim or dispute between you and Casa Lending that arises in whole or in part from the Website or the Services shall be decided exclusively by a court of competent jurisdiction located in Seattle, Washington. These Terms of Service, together with the privacy and any other legal notices and agreements published by Casa Lending on the Services, shall constitute the entire agreement between you and Casa Lending concerning the Services. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Casa Lending’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. YOU AND Casa Lending AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

Press Release Disclaimer

Some of the statements in our press releases may be forward-looking statements or statements of future expectations based on currently available information. Casa Lending does not make any representation or warranty, express or implied, as to the accuracy, completeness or updated status of such statements. Therefore, in no case whatsoever will Casa Lending or its affiliate companies be liable to anyone for any decision made or action taken in conjunction with the information and/or statements in this press release or for any related damages.

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Digital Millennium Copyright Act Policy

Welcome to https://www.casalending.com (the “Site”). We respect the intellectual property rights of others just as we expect others to respect our rights. Pursuant to Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c), a copyright owner or their agent may submit a takedown notice to us via our DMCA Agent listed below. As an internet service provider, we are entitled to claim immunity from said infringement claims pursuant to the “safe harbor” provisions of the DMCA. To submit a good faith infringement claim to us, you must submit the notice to us that sets forth the following information:

Notice of Infringement – Claim

A physical or electronic signature of the copyright owner (or someone authorized to act on behalf of the owner);
Identification of the copyrighted work claimed to have been infringed;
Identification of the infringing material to be removed, and information reasonably sufficient to permit the service provider to locate the material. [Please submit the URL of the page in question to assist us in identifying the allegedly offending work];
Information reasonably sufficient to permit the service provider to contact the complaining party including your name, physical address, email address, phone number and fax number;
A statement that the complaining party has a good faith belief that the use of the material is unauthorized by the copyright agent; and
A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

Title 17 USC §512(f) provides civil damage penalties, including costs and attorney fees, against any person who knowingly and materially misrepresents certain information in a notification of infringement under 17 USC §512(c)(3).

Send all takedown notices through our Contact page. Please send by email for prompt attention.

Please note that we may share the identity and information in any copyright infringement claim we receive with the alleged infringer. In submitting a claim, you understand accept and agree that your identity and claim may be communicated to the alleged infringer.

Counter Notification – Restoration of Material

If you have received a notice of material being takedown because of a copyright infringement claim, you may provide us with a counter notification in an effort to have the material in question restored to the site. Said notification must be given in writing to our DMCA Agent and must contain substantially the following elements pursuant to 17 USC Section 512(g)(3):

Your physical or electronic signature.
A description of the material that has been taken down and the original location of the material before it was taken down.
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located (or if you are outside of the United States, that you consent to jurisdiction of any judicial district in which the service provider may be found), and that you will accept service of process from the person or company who provided the original infringement notification.
Send your counter notice through our Contact page. Email is highly recommended.

Repeat Infringer Policy

We take copyright infringement very seriously. Pursuant to the repeat infringer policy requirements of the Digital Millennium Copyright Act, we maintain a list of DMCA notices from copyright holders and make a good faith effort to identify any repeat infringers. Those that violate our internal repeat infringer policy will have their accounts terminated.

Modifications

We reserve the right to modify the contents of this page and its policy for handling DMCA claims at any time for any reason. You are encouraged to check back to review this policy frequently for any changes.

Service Provider

Construction Loan Services II, LLC
1019 39th Ave SE, Suite 220
Puyallup, WA 98374
Phone: 1-206-267-2648
Registration Number: DMCA-1031700

Designated Agent

Construction Loan Services II, LLC
1019 39th Ave SE, Suite 220
Puyallup, WA 98374
Phone: 1-206-267-2648
Email: legalnotices@constructionloanservices.com

CCPA

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PRIVACY NOTICE

Last updated March 22, 2021

Thank you for choosing to be part of our community at Construction Loan Services II, LLC, doing business as Casa Lending (“Casa Lending“, “we“, “us“, “our“). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice, or our practices with regards to your personal information, please contact us at info@casalending.com.

When you visit our website https://www.casalending.com (the “Website“), and more generally, use any of our services (the “Services“, which include the Website), we appreciate that you are trusting us with your personal information. We take your privacy very seriously. In this privacy notice, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy notice that you do not agree with, please discontinue use of our Services immediately.

This privacy notice applies to all information collected through our Services (which, as described above, includes our Website), as well as, any related services, sales, marketing or events.

Please read this privacy notice carefully as it will help you understand what we do with the information that we collect.

TABLE OF CONTENTS

1. WHAT INFORMATION DO WE COLLECT?

2. HOW DO WE USE YOUR INFORMATION?

3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

5. HOW LONG DO WE KEEP YOUR INFORMATION?

6. HOW DO WE KEEP YOUR INFORMATION SAFE?

7. WHAT ARE YOUR PRIVACY RIGHTS?

8. CONTROLS FOR DO-NOT-TRACK FEATURES

9. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

10. DO WE MAKE UPDATES TO THIS NOTICE?

11. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

12. HOW CAN YOU REVIEW, UPDATE OR DELETE THE DATA WE COLLECT FROM YOU?

1. WHAT INFORMATION DO WE COLLECT?

Personal information you disclose to us

In Short: We collect personal information that you provide to us.

We collect personal information that you voluntarily provide to us when you express an interest in obtaining information about us or our products and Services, when you participate in activities on the Website or otherwise when you contact us.

The personal information that we collect depends on the context of your interactions with us and the Website, the choices you make and the products and features you use. The personal information we collect may include the following:

Personal Information Provided by You. We collect names; phone numbers; email addresses; job titles; and other similar information.

All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.

Information automatically collected

In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Website.

We automatically collect certain information when you visit, use or navigate the Website. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Website and other technical information. This information is primarily needed to maintain the security and operation of our Website, and for our internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar technologies.

The information we collect includes:

Log and Usage Data. Log and usage data is service-related, diagnostic, usage and performance information our servers automatically collect when you access or use our Website and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type and settings and information about your activity in the Website (such as the date/time stamps associated with your usage, pages and files viewed, searches and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called ‘crash dumps’) and hardware settings).

Device Data. We collect device data such as information about your computer, phone, tablet or other device you use to access the Website. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model Internet service provider and/or mobile carrier, operating system and system configuration information.

Location Data. We collect location data such as information about your device’s location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Website. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. Note however, if you choose to opt out, you may not be able to use certain aspects of the Services.

2. HOW DO WE USE YOUR INFORMATION?

In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.

We use personal information collected via our Website for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.

We use the information we collect or receive:

To facilitate account creation and logon process. If you choose to link your account with us to a third-party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract.

To post testimonials. We post testimonials on our Website that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and the content of the testimonial. If you wish to update, or delete your testimonial, please contact us at info@casalending.com and be sure to include your name, testimonial location, and contact information.

Request feedback. We may use your information to request feedback and to contact you about your use of our Website.

To enable user-to-user communications. We may use your information in order to enable user-to-user communications with each user’s consent.

To manage user accounts. We may use your information for the purposes of managing our account and keeping it in working order.

To send administrative information to you. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.

To protect our Services. We may use your information as part of our efforts to keep our Website safe and secure (for example, for fraud monitoring and prevention).

To enforce our terms, conditions and policies for business purposes, to comply with legal and regulatory requirements or in connection with our contract.

To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.

To send you marketing and promotional communications. We and/or our third-party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. For example, when expressing an interest in obtaining information about us or our Website, subscribing to marketing or otherwise contacting us, we will collect personal information from you. You can opt-out of our marketing emails at any time (see the “WHAT ARE YOUR PRIVACY RIGHTS” below).

Deliver targeted advertising to you. We may use your information to develop and display personalized content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.

3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

In Short: We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.

We may process or share your data that we hold based on the following legal basis:

Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose.

Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.

Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.

Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).

Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

More specifically, we may need to process your data or share your personal information in the following situations:

Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

Affiliates. We may share your information with our affiliates, in which case we will require those affiliates to honor this privacy notice. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.

Business Partners. We may share your information with our business partners to offer you certain products, services or promotions.

4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short: We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice.

5. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than 1 year.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

6. HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short: We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Website is at your own risk. You should only access the Website within a secure environment.

7. WHAT ARE YOUR PRIVACY RIGHTS?

In Short: You may review, change, or terminate your account at any time.

If you are a resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

If you are a resident in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Website. To opt-out of interest-based advertising by advertisers on our Website visit http://www.aboutads.info/choices/.

8. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.

9. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with the Website, you have the right to request removal of unwanted data that you publicly post on the Website. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Website, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g. backups, etc.).

CCPA Privacy Notice

The California Code of Regulations defines a “resident” as:

(1) every individual who is in the State of California for other than a temporary or transitory purpose and

(2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose

All other individuals are defined as “non-residents.”

If this definition of “resident” applies to you, we must adhere to certain rights and obligations regarding your personal information.

What categories of personal information do we collect?

We have collected the following categories of personal information in the past twelve (12) months: