Terms & Conditions

Effective date: 11/20/2024

Welcome to https://www.lendingisanart.com (the "Website"), operated by NEXA Mortgage, LLC. These Terms of Use ("Terms") govern your use of the Website. By accessing or using the Website, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, please do not access or use the Website.

Use of the Website

You agree to use the Website for lawful purposes only and in accordance with these Terms. You are prohibited from using the Website in any way that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by NEXA Mortgage, LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability.

Disclaimer of Warranties

The Website is provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. NEXA Mortgage, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability

In no event shall NEXA Mortgage, LLC, its affiliates, or their respective licensors, service providers, employees, agents, officers, or directors be liable for any indirect, consequential, special, incidental, punitive, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to your use or inability to use the Website.

Indemnification

You agree to defend, indemnify, and hold harmless NEXA Mortgage, LLC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of or relating to these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of [Your Jurisdiction], and you hereby consent to the personal jurisdiction of such courts and waive any objection to the exercise of jurisdiction over you by such courts.

Changes to Terms

NEXA Mortgage, LLC reserves the right, in its sole discretion, to change, modify, add, or remove portions of these Terms at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes.

Contact Us

If you have any questions about these Terms, please contact us at [email protected].

By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Website.