(a) By accessing, using, or registering with this Site, you are agreeing to these Terms without limitation or qualification. If you do not agree, please exit and do not access, use, or register with this Site.

(b) These Terms are available at a link at the bottom of each page on the Site and when you submit an investment estimate request. We may change these Terms at any time. Please check these Terms before using the Site to determine whether a change has been made. Your continuing access to or use of the Site confirms your unconditional acceptance of the then-current Terms in their entirety. If you do not agree to the changes in the Terms as they occur, you should exit and not use the Site.

(c) From time to time, Rook may supplement these Terms with additional terms pertaining to specific content or events (“Additional Terms”), which Additional Terms may be placed on the Site to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms.

(a) Your use of the Site is personal to you and is not transferable by you to any person or entity. You may browse and use this Site only in compliance with these Terms. You may not distribute, modify, transmit, publish, reuse, repost, or use the Site or any content made available on the Site: (i) in a manner inconsistent with or in violation of these Terms; (ii) in violation of any applicable law, rule, regulation, or order; or (iii) in a manner that could damage, disable, overburden, or impair the Site or any third party or interfere with any other person’s use or enjoyment of the Site.

(b) Without limiting the foregoing, you will not (i) access any data on the Site not intended for you; (ii) invade the privacy of, obtain the identity of, or obtain or access personally identifying information, passwords, account information, or other information about others in connection with your use of the Site; (iii) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Site; (iv) use any data mining, robots, or similar data gathering and extraction tools in connection with the Site; (v) upload any private information of any third party without authorization, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers; (vi) register for more than one user account or register for a user account on behalf of an individual other than yourself without authorization; (vii) submit an inquiry or estimate query on behalf of an individual other than yourself without authorization; (viii) use or attempt to use another’s account, service, or system without our authorization, or create a false identity on the Site; (ix) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity; or (x) transmit, distribute, introduce, or otherwise make available in any manner through the Site any computer virus, keyloggers, spyware, worms, Trojan horses, timebombs, or other malicious or harmful programming (collectively, ‘Viruses’). We do not have an obligation to detect the presence of such Viruses.

(c) If you download software or any other content from the Site, you do so at your own risk. enjoyment of the Site.

(d) You agree and acknowledge that you have the sole responsibility and liability for your use of the Site and for providing or obtaining, and for maintaining, all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary or desirable for you to access and use of the Site.

(a) By accessing and using this Site, you represent that you are (i) at least 18 years or older if the age of majority is greater in your state and (ii) legally qualified to enter into contracts under applicable law.

(b) You agree that (i) any and all information that you provide will be true, accurate, current, and complete information about yourself, and (ii) you will continue to provide, maintain, and update any and all information in order for it to remain accurate, current, and complete. You are solely responsible for all information that you provide to us.

(c) In order to have access to view and use certain additional features of the Site, you will be required to request pre-qualification from us and/or register with Rook by creating an account.

(d) For any reason, as well as upon any violation of any of these Terms, the Privacy Notice, or any other agreement between you and Rook, or if Rook suspects fraudulent or unlawful activity, we may take any action we deem necessary to protect Rook’s or its customers’ interests without notice, including: (i) suspending or terminating access to the Site (along with any content or information you have uploaded into or have access to on the Site); (ii) suspending or terminating any Rook accounts; (iii) cancelling any active applications or pre- qualification requests; (iv) deleting any information or materials provided by you to us; (v) and notifying and fully cooperating with law enforcement authorities. If we revoke or prohibit your account, you agree that you will not create any new account, whether or not under the same username and/or email or a different username and/or email. You agree that Rook will not be liable to you or any third party for any action taken pursuant to this Section 4.

(a) Your creation and submission of an application is subject to these Terms. To submit an application, you may be required to create an account with us subject to these Terms and use your account to submit the application. With respect to any application that you submit, you represent that, at the time of submission, all information provided is accurate, current, and complete, and that you have all necessary rights, licenses, and consents to provide us with that information. You agree to notify us of any changes in any information submitted in connection with your application. Rook may deny your application at any time for any reason or no reason at all.

(b) If you are using the Site with another person(s) to jointly submit an application, you and your co-applicant(s) may provide information for your application using a single joint account. Joint applicants utilizing a single account will have access to all information supplied by all account users to complete that application. Such joint applicants will have the ability to view, print, transmit, save, and/or edit the information. Access may continue for as long as the joint applicants utilize the single account. Continued use of the Site to submit a joint application constitutes consent by you and your co-applicant(s) to such access by all co-applicants.

(c) During the application process, we may ask you to submit additional information to us and to authorize us to obtain information from third parties, including third party financial institutions, credit bureaus, and other third parties with which you maintain accounts or engage in financial transactions and that we determine, in our discretion, to be relevant to our evaluation of your application. You may also be permitted to, and choose to, put us in touch with other third parties by, for example, linking your account with us to your account with the third party. All of the third parties mentioned in the previous two sentences are ‘Your Third Party Service Providers’. Solely for the purposes of obtaining data from Your Third Party Service Providers to evaluate and process your application and provide related services to you, you hereby appoint Rook as your attorney-in-fact and agent, and grant Rook a limited power of attorney, in order for Rook to do and perform in your place each thing necessary in connection with those purposes. When Rook is accessing and retrieving your information from Your Third Party Service Providers, you acknowledge and agree that Rook is acting as your agent, rather than the agent of Your Third Party Service Provider.

(d) You hereby authorize Rook to use any information that you provide to us, as well as any information provided to us by Your Third Party Service Providers, for the purpose of evaluating your application and providing related services to you. This information may include personal information, including, for example, social security numbers, account balances, and transaction information. You acknowledge that Rook’s evaluation of your application may include a credit check, which may or may not affect your credit, and you agree that Rook is not liable to any third parties, including Your Third Party Service Providers, for any costs relating to the processing of your application.

a) The Site and all text, audio, video, pictures, music, images, graphics, information, data, content, and other material displayed on, or downloadable from, the Site (the “Content”) is the property of, or used with permission by, Rook and is protected by copyright, trademark, and other laws and may not be used except as permitted in these Terms or with the prior written permission of the owner of such material. You may not modify the Content in any way or reproduce or publicly display, perform, copy, distribute, or otherwise use any such Content for any public or commercial purpose. Any unauthorized use of any Content may violate copyright laws, trademark laws, laws of privacy and publicity, or other laws, rules and regulations. You may not remove any copyright, trademark or other proprietary notices from the Site or any Content. All rights to Content not expressly granted herein are reserved by and to the respective owners of such Content.

(b) Certain trademarks, trade names, service marks and logos, icons, and domain names used or displayed on the Site are registered and unregistered trademarks, trade names, and service marks owned by Rook. Other trademarks, trade names, and service marks used or displayed on the Site are the registered and unregistered trademarks, trade names, and service marks owned by their respective owners and used with permission by Rook. Nothing contained on the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks, or logos displayed on the Site without Rook’s written permission or the written permission of such third-party owner.

(a) You alone are responsible for any information, data, graphics, text, communication, message, or other content that you post, upload, submit, transmit, or share with Rook on the Site or by electronic mail, third party websites, or otherwise, including without limitation any data, images, questions, comments, ideas, concepts, know-how, techniques, suggestions, or the like (collectively “User Communications”). You represent that you are entitled to submit User Communications to the Site and have all relevant licenses and consents from any relevant third parties, and that your transmission does not violate any law, rule, regulation, or order or infringe or misappropriate the rights of any third party.

(b) You represent that Rook and its affiliates are free to use any ideas, concepts, know-how, or techniques contained in any User Communication for any purpose whatsoever, including without limitation developing and marketing products. You hereby grant to Rook and our affiliates and designees, a perpetual, fully paid up, royalty-free, irrevocable, worldwide license to the ideas, concepts, know-how, or techniques contained in any User Communication to use, transmit, copy, reproduce, distribute, publicly perform, publicly display, and prepare derivative works based upon such ideas, concepts, know-how, or techniques in any and all media now known or hereafter to become known for any and all commercial and non-commercial purposes, without the need for any acknowledgment, compensation, or attribution. You shall comply with all applicable laws, rules, regulations, and orders in your use of the Site and your provision of information to us.

(c) We may, but are not obligated to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications. You acknowledge that we have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.

(a) The Site may include certain services that are available via a mobile device, including (i) the ability to upload content to the Site using a mobile device, (ii) the ability to browse the Site from a mobile device, and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

(b) By providing us with a mobile phone number, you expressly consent to receiving communications from Rook, including, but not limited to, prerecorded or automated voice messages, text messages and calls made using an automated telephone dialing system.

(c) To the extent you access the Site using a mobile device or we communicate with you via your mobile phone number, your wireless service carrier’s charges, data rates, and other fees may apply.

(a) This Site may contain links to other websites that are not owned, operated or controlled by Rook or its affiliates (each a “Third-Party Site”). All such links to Third-Party Sites are provided solely as a convenience to you. If you use these links, you will leave our Site. We are not responsible for your access to or use of any Third- Party Site. We do not endorse, guarantee, or make any representations or warranties regarding any Third-Party Site, or any content or information accessible from such Third-Party Sites, or the results that you may obtain from using any Third-Party Site. If you access any Third-Party Site linked to or from the Site, you do so entirely at your own risk.

(a) You expressly agree that use of the Site and content is at your sole risk. The Site, content and any products available at the Site are provided on an ‘as is’ and ‘as available’ basis. Rook expressly disclaims all warranties of any kind, express or implied, with respect to the Site, Content and any products, including without limitation any warranty of merchantability, fitness for a particular purpose, or non-infringement. You acknowledge that Rook is not liable for the acts, omissions, or conduct of any third parties.

(b) Rook makes no warranty that: the Site, Content, or products will meet your requirements; the Site, Content, or your use thereof will be uninterrupted, timely, secure, current, accurate, complete, or error free; or that the Site, the server, any Content, or any documents downloaded from the Site will be free of infection from viruses, worms, or other code that has contaminating or destructive properties. Any use of the Content or the Site is at your sole discretion and risk. You understand and agree that any content downloaded or otherwise obtained through the use of the Site is at your own discretion and risk.

(c) You assume total responsibility for your use of the Site, Content, and any linked sites. Your sole remedy against Rook for any grievances relating to the Site, Content, or any documents downloaded from the Site is to stop using the Site or any such Content or documents.

(d) The warranty disclaimers set forth in this section 12 do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

(a) Except as expressly provided in this section 13, in no event will Rook be liable for any damages, direct or indirect, including, without limitation, consequential, special, incidental, or punitive damages (and damages from lost profits, interruption of business, lost data), whether foreseeable or not, which may arise out of your access to, inability to access, or your use of the Site or Content or resulting from any products or transactions entered into through the Site or resulting from unauthorized access to or alteration of your transmissions or data.

(b) In no event will Rook be liable for any damages of any kind arising from the use of this Site or the services provided by Rook by third party financial institutions. Rook will not be liable for any charges issued against you by a bank or credit card.

(c) The limitations of liability set forth in this section 13 do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

(a) We provide our Site from our offices within the United States. We make no representation that the Content on our Site is appropriate, legal or available for use in other locations. These Terms shall be governed by and construed in accordance with the laws of the state of Colorado without giving effect to its conflicts of law provisions.
Any cause of action or claim you may have arising out of or relating to these terms of use or the site must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently waived.

(b) Any controversy or claim arising out of or relating to these Terms, your use of the Site or your purchase of any products from the Site shall be settled by arbitration administered by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. However, if you do not wish to have all such controversies or claims settled by arbitration in such manner, you may opt-out of this requirement by emailing us at info@rook.capital within ten (10) days of the earlier of (i) seeking a borrower prequalification or setting up an investor account (ii) creating an account on the Site.

(c) By agreeing to arbitration, you understand and agree you are waiving your rights to assert claims via other dispute resolution processes, including a court action. Payment of filing, administration and arbitrator fees will be governed by the AAA rules, provided that we will reimburse you for any such filing, administration and arbitrator fees if your claim is for less than $10,000 unless the arbitrator determines such claims to be frivolous. Further, we will not seek attorney’s fees or costs in the arbitration unless the arbitrator determines your claims to be frivolous. Unless the arbitrator requires otherwise, you may elect to conduct the arbitration by telephone, based on written submissions or in person in the state in which you reside or a mutually agreed location. All dispute resolution proceedings will be conducted on an individual basis and not in a class action or similar consolidated action. If, for any reason, a claim proceeds in court, rather than in arbitration, you and Rook each waive any right to a jury trial. Notwithstanding any other provision in these Terms, Rook may commence suit in court to enjoin infringement or misappropriation of intellectual property rights or confidential information.

(d) If you believe that a controversy or claim exists that arises out of or relates to these Terms, your use of the Site, or your purchase of any products from the Site, you agree to provide us with a notification via email to info@rook.capital, briefly summarizing the claim or controversy and your request for relief, before instituting any other formal legal action against us.

(e) You agree that you are waiving the right to trial by jury or to participate in a class action and that you may bring claims against Rook only in your individual capacity, and not as a plaintiff or class member in any purported class action or similar consolidated action.

(a) In the event that any provision of these Terms conflicts with applicable law, rule, regulation, or order or if any provision is held invalid by a court with competent jurisdiction, then such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties, and the remainder of these Terms will remain in full force and effect. Any failure by Rook to insist upon or enforce strict performance of any provision of the Terms or to exercise any right under the Terms will not be construed as a waiver or relinquishment of Rook’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect. We will not be liable for failure or delay in performing our obligations because of causes beyond our reasonable control, including acts of God, terrorism, war, riots, fire, earthquake, flood, or degradation or failure of third party networks or communications infrastructure.

(b) These Terms and any Additional Terms (as such terms shall be identified when posted on the Site), along with any other agreements entered into by you with us, constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings, including any oral communications.
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