Terms of Service for The Lender Draft

Effective Date: November 9, 2025

1. Agreement to Terms

By accessing and using The Lender Draft website (thelenderdraft.com), you accept and agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, please do not use our website.

The Lender Draft reserves the right to update, change, or replace any part of these Terms at any time. Your continued use of the website following the posting of changes constitutes acceptance of those changes.

2. Description of Service

The Lender Draft provides:

  • Commercial lending intelligence and market data
  • Lender rankings across CRE, Growth Capital, and Asset-Based Lending
  • The Jude Overo Loan Brief newsletter
  • Verified deal flow tracking and analysis
  • Sponsorship opportunities for commercial lenders

Our rankings are based on verified weekly funding activity and deal data collected from public sources.

3. Use of Website

Permitted Uses

You may use The Lender Draft to:

  • Research commercial lenders and market trends
  • Subscribe to our newsletter
  • Contact us regarding sponsorship opportunities
  • Access publicly available lender profiles and rankings

Prohibited Uses

You may NOT:

  • Use the website for any unlawful purpose
  • Scrape, copy, or systematically extract data without permission
  • Attempt to gain unauthorized access to our systems
  • Distribute malware, viruses, or harmful code
  • Impersonate The Lender Draft or any affiliated parties
  • Use automated systems (bots, scrapers) to access the website
  • Reproduce, redistribute, or republish our content without permission
  • Use our data for competing ranking services
  • Harass, abuse, or harm other users
  • Violate any applicable laws or regulations

4. Intellectual Property Rights

Our Content

All content on The Lender Draft, including but not limited to:

  • Text, graphics, logos, images
  • Lender rankings and league standings
  • Deal data and analysis
  • Newsletter content
  • Website design and layout
  • Database compilation and structure

…is owned by The Lender Draft or licensed to us and is protected by copyright, trademark, and other intellectual property laws.

Limited License

We grant you a limited, non-exclusive, non-transferable license to:

  • Access and view website content for personal, non-commercial use
  • Subscribe to and receive our newsletter
  • Share individual lender profiles via provided sharing tools

This license does not include:

  • The right to use our content for commercial purposes
  • The right to modify, copy, or create derivative works
  • The right to scrape or systematically extract data
  • Any rights not expressly granted in these Terms

Trademarks

“The Lender Draft,” our logo, and other marks are trademarks of The Lender Draft. You may not use these marks without our prior written permission.

5. User-Generated Content

If you submit content to The Lender Draft (comments, feedback, suggestions), you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, modify, and distribute such content.

You represent that:

  • You own or have rights to any content you submit
  • Your content does not violate any third-party rights
  • Your content is accurate and not misleading

6. Accuracy of Information

Rankings and Data

  • Our lender rankings are based on verified deal data from public sources
  • We make reasonable efforts to ensure accuracy but cannot guarantee completeness
  • Rankings reflect funding activity and may not represent all aspects of lender performance
  • Deal data is subject to verification and may be updated or corrected

No Investment or Financial Advice

The Lender Draft provides market intelligence and data analysis. We do NOT provide:

  • Investment advice
  • Financial planning services
  • Legal advice
  • Recommendations to use specific lenders

You should conduct your own due diligence and consult with qualified professionals before making business or financial decisions.

7. Third-Party Links and Services

Our website contains links to third-party websites, including:

  • Lender websites
  • News sources
  • Sponsor websites
  • Social media platforms

We are not responsible for:

  • The content, accuracy, or practices of third-party sites
  • Any damages or losses from your use of third-party sites
  • Third-party terms of service or privacy policies

Your interactions with third parties are solely between you and them.

8. Newsletter Subscription

The Lender Draft

  • Subscription is voluntary and free
  • We may include sponsored content or advertisements
  • You can unsubscribe at any time via the link in emails
  • We reserve the right to modify, suspend, or discontinue the newsletter

Email Communications

By subscribing, you consent to receive:

  • Regular newsletter emails
  • Updates about our services (with option to opt-out)
  • Responses to your inquiries

9. Sponsorships and Advertising

Sponsored Content

  • The Lender Draft accepts sponsorships from commercial lenders
  • Sponsored content is clearly labeled as “Sponsored by” or similar
  • Sponsorships do NOT influence our rankings or editorial content
  • Rankings are based solely on verified funding activity

Founding Sponsor Program

  • Limited sponsorship opportunities available
  • Terms and pricing available upon request
  • All sponsorship agreements are subject to separate written contracts

10. Disclaimer of Warranties

THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability or fitness for a particular purpose
  • Warranties that the website will be uninterrupted or error-free
  • Warranties regarding accuracy, reliability, or completeness of content
  • Warranties that defects will be corrected

We do not warrant that:

  • The website will meet your requirements
  • Rankings or data are complete or current
  • The website is secure or free from viruses
  • Third-party links are safe or accurate

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LENDER DRAFT SHALL NOT BE LIABLE FOR:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunities
  • Damages resulting from your use or inability to use the website
  • Damages from third-party content or links
  • Damages from unauthorized access to your data
  • Any damages exceeding $100 USD

This limitation applies even if we have been advised of the possibility of such damages.

Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless The Lender Draft, its officers, employees, and affiliates from any claims, damages, losses, liabilities, and expenses (including attorney fees) arising from:

  • Your use of the website
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your submission of content to the website

13. Privacy

Your use of the website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data practices.

14. Modifications to Service

We reserve the right to:

  • Modify, suspend, or discontinue any part of the website
  • Change our rankings methodology
  • Update lender data and profiles
  • Remove or modify content at any time

We are not liable for any modifications, suspensions, or discontinuations of the website.

15. Termination

We may terminate or suspend your access to the website immediately, without prior notice, for:

  • Violation of these Terms
  • Fraudulent or illegal activity
  • Abusive or harassing behavior
  • Any other reason at our sole discretion

Upon termination:

  • Your right to use the website ceases immediately
  • We may delete any content associated with your account
  • Provisions regarding intellectual property, disclaimers, and limitations survive

16. Governing Law and Jurisdiction

These Terms are governed by the laws of New York, United States, without regard to conflict of law provisions.

Any disputes arising from these Terms or your use of the website shall be resolved in the state or federal courts located in [Your County, State].

You consent to the personal jurisdiction of these courts.

17. Dispute Resolution

Informal Resolution

Before filing a claim, you agree to contact us at [your email] to attempt to resolve the dispute informally.

Arbitration Agreement

Any disputes not resolved informally shall be resolved through binding arbitration in accordance with the American Arbitration Association’s rules.

Exceptions to arbitration:

  • Small claims court matters
  • Intellectual property disputes
  • Injunctive or equitable relief

Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class actions or class arbitrations.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary, and the remaining provisions shall remain in full effect.

19. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and The Lender Draft regarding use of the website.

These Terms supersede any prior agreements or understandings.

20. No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future.

21. Assignment

You may not assign or transfer your rights under these Terms without our written consent.

We may assign our rights and obligations under these Terms to any party without your consent.

22. Contact Information

For questions about these Terms of Service, contact:

The Lender Draft
Email: info@thelenderdraft.com
Website: https://thelenderdraft.com

Subject: Terms of Service Inquiry

23. Acknowledgment

BY USING THE LENDER DRAFT WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

Last Updated: [November 17, 2025]

Additional Terms

Data Usage

  • You may use our data for personal research and analysis
  • Commercial use of our data requires written permission
  • Attribution required when referencing our rankings

Lender Information

  • Lender profiles are compiled from public sources
  • Lenders may request corrections to their profile information
  • We reserve editorial discretion over profile content

Ranking Methodology

  • Rankings based on verified weekly funding activity
  • Methodology available upon request
  • We may adjust methodology with notice

Newsletter Content

  • Newsletter content is for informational purposes only
  • Forward to colleagues with permission
  • Reproduction requires attribution to The Lender Draft

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