Agreement between User and www.popularcommerciallendinggroup.com
Welcome to www.popularcommerciallendinggroup.com. The
www.popularcommerciallendinggroup.com website (the "Site") is comprised of various web pages
operated by Popular Commercial Lending Group, Inc..
www.popularcommerciallendinggroup.com is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use
of www.popularcommerciallendinggroup.com constitutes your agreement to all such Terms. Please
read these terms carefully, and keep a copy of them for your reference.
www.popularcommerciallendinggroup.com is a Commercial Lending Site.
Provide information about Popular Commercial Lending Group, Inc.'s loan product informaton
Your use of www.popularcommerciallendinggroup.com is subject to Popular Commercial Lending
informs users of our data collection practices.
Visiting www.popularcommerciallendinggroup.com or sending emails to Popular Commercial
Lending Group, Inc. constitutes electronic communications. You consent to receive electronic
communications and you agree that all agreements, notices, disclosures and other communications
that we provide to you electronically, via email and on the Site, satisfy any legal requirement that
such communications be in writing.
Children Under Thirteen
Popular Commercial Lending Group, Inc. does not knowingly collect, either online or offline,
personal information from persons under the age of thirteen. If you are under 18, you may use
www.popularcommerciallendinggroup.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
www.popularcommerciallendinggroup.com may contain links to other websites ("Linked Sites").
The Linked Sites are not under the control of Popular Commercial Lending Group, Inc. and
Popular Commercial Lending Group, Inc. is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any changes or updates to a
Linked Site. Popular Commercial Lending Group, Inc. is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement by Popular Commercial
Lending Group, Inc. of the site or any association with its operators.
Certain services made available via www.popularcommerciallendinggroup.com are delivered by
third party sites and organizations. By using any product, service or functionality originating from
the www.popularcommerciallendinggroup.com domain, you hereby acknowledge and consent t
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Popular Commercial Lending Group, Inc. may share such information and data with any third
party with whom Popular Commercial Lending Group, Inc. has a contractual relationship to
provide the requested product, service or functionality on behalf of
www.popularcommerciallendinggroup.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
condition of your use of the Site, you warrant to Popular Commercial Lending Group, Inc. that
you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may
not use the Site in any manner which could damage, disable, overburden, or impair the Site or
interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to
obtain any materials or information through any means not intentionally made available or provided
for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of Popular Commercial
Lending Group, Inc. or its suppliers and protected by copyright and other laws that protect
intellectual property and proprietary rights. You agree to observe and abide by all copyright and
other proprietary notices, legends or other restrictions contained in any such content and will not
make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Popular Commercial Lending Group, Inc. content is not for resale. Your use of the Site does not
entitle you to make any unauthorized use of any protected content, and in particular you will not
delete or alter any proprietary rights or attribution notices in any content. You will use protected
content solely for your personal use, and will make no other use of the content without the express
written permission of Popular Commercial Lending Group, Inc. and the copyright owner. You
agree that you do not acquire any ownership rights in any protected content. We do not grant you
any licenses, express or implied, to the intellectual property of Popular Commercial Lending
Group, Inc. or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by Popular Commercial Lending Group, Inc.
from our offices within the USA. If you access the Service from a location outside the USA, you
are responsible for compliance with all local laws. You agree that you will not use the Popular
Commercial Lending Group, Inc. Content accessed through
www.popularcommerciallendinggroup.com in any country or in any manner prohibited by any
applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Popular Commercial Lending Group, Inc., its
officers, directors, employees, agents and third parties, for any losses, costs, liabilities and
expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability
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to use the Site or services, any user postings made by you, your violation of any terms of this
Agreement or your violation of any rights of a third party, or your violation of any applicable laws,
rules or regulations. Popular Commercial Lending Group, Inc. reserves the right, at its own cost, to
assume the exclusive defense and control of any matter otherwise subject to indemnification by
you, in which event you will fully cooperate with Popular Commercial Lending Group, Inc. in
asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration
service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's
award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the
event that any legal or equitable action, proceeding or arbitration arises out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable
attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and
Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree
that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The
entire dispute, including the scope and enforceability of this arbitration provision shall be
determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and Popular Commercial Lending Group, Inc. agree otherwise,
the arbitrator may not consolidate more than one person's claims, and may not otherwise preside
over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. POPULAR COMMERCIAL LENDING GROUP, INC.
AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
SITE AT ANY TIME.
POPULAR COMMERCIAL LENDING GROUP, INC. AND/OR ITS SUPPLIERS MAKE
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NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF
ANY KIND. POPULAR COMMERCIAL LENDING GROUP, INC. AND/OR ITS
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL POPULAR COMMERCIAL LENDING GROUP, INC. AND/OR ITS SUPPLIERS
BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE
OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING
OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF POPULAR
COMMERCIAL LENDING GROUP, INC. OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Popular Commercial Lending Group, Inc. reserves the right, in its sole discretion, to terminate your
access to the Site and the related services or any portion thereof at any time, without notice. To
the maximum extent permitted by law, this agreement is governed by the laws of the State of Utah
and you hereby consent to the exclusive jurisdiction and venue of courts in Utah in all disputes
arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that
does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and Popular Commercial Lending Group, Inc. as a result of this agreement or use of the Site.
Popular Commercial Lending Group, Inc.'s performance of this agreement is subject to existing
laws and legal process, and nothing contained in this agreement is in derogation of Popular
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Commercial Lending Group, Inc.'s right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the Site or information provided to or gathered by
Popular Commercial Lending Group, Inc. with respect to such use. If any part of this agreement is
determined to be invalid or unenforceable pursuant to applicable law including, but not limited to,
the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and Popular Commercial Lending Group, Inc. with respect to the Site and it supersedes all prior
or contemporaneous communications and proposals, whether electronic, oral or written, between
the user and Popular Commercial Lending Group, Inc. with respect to the Site. A printed version
of this agreement and of any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to the same extent and subject
to the same conditions as other business documents and records originally generated and
maintained in printed form. It is the express wish to the parties that this agreement and all related
documents be written in English.
Changes to Terms
Popular Commercial Lending Group, Inc. reserves the right, in its sole discretion, to change the
Terms under which www.popularcommerciallendinggroup.com is offered. The most current
version of the Terms will supersede all previous versions. Popular Commercial Lending Group,
Inc. encourages you to periodically review the Terms to stay informed of our updates.
Popular Commercial Lending Group, Inc. welcomes your questions or comments regarding the
Popular Commercial Lending Group, Inc.
10808 River Front Pkwy Suite 3132
South Jordan, Utah 84095
Effective as of January 01, 2022
Protecting your private information is our priority. This Statement of Privacy applies to loan, and
Popular Commercial Lending Group, Inc. and governs data collection and usage. For the
Lending Group, Inc. include www.popularcommerciallendinggroup.com. The Popular Commercial
Lending Group, Inc. application is a loan applications submitted via mail, email, fax and/or
documents upload to www.box.com application. By using the Popular Commercial Lending
Group, Inc. application, you consent to the data practices described in this statement.
Collection of your Personal Information
In order to better provide you with products and services offered, Popular Commercial Lending
Group, Inc. may collect personally identifiable information, such as your:
If you purchase Popular Commercial Lending Group, Inc.'s products and services, we collect
billing and credit card information. This information is used to complete the purchase transaction.
Popular Commercial Lending Group, Inc. may also collect anonymous demographic information,
which is not unique to you, such as your:
- First and Last Name
- Mailing Address
- E-mail Address
- Phone Number
- Job Title
- Financial information for loan applications
- Household Income
We do not collect any personal information about you unless you voluntarily provide it to us.
However, you may be required to provide certain personal information to us when you elect to use
certain products or services. These may include: (a) registering for an account; (b) entering a
sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers
from selected third parties; (d) sending us an email message; (e) submitting your credit card or
other payment information when ordering and purchasing products and services. To wit, we will
use your information for, but not limited to, communicating with you in relation to services and/or
products you have requested from us. We also may gather additional personal or non-personal
information in the future.
Use of your Personal Information
Popular Commercial Lending Group, Inc. collects and uses your personal information to operate
and deliver the services you have requested.
Popular Commercial Lending Group, Inc. may also use your personally identifiable information to
inform you of other products or services available from Popular Commercial Lending Group, Inc.
and its affiliates.
Sharing Information with Third Parties
Popular Commercial Lending Group, Inc. does not sell, rent or lease its customer lists to third
Popular Commercial Lending Group, Inc. may share data with trusted partners to help perform
statistical analysis, send you email or postal mail, provide customer support, or arrange for
deliveries. All such third parties are prohibited from using your personal information except to
provide these services to Popular Commercial Lending Group, Inc., and they are required to
maintain the confidentiality of your information.
Popular Commercial Lending Group, Inc. may disclose your personal information, without notice,
if required to do so by law or in the good faith belief that such action is necessary to: (a) conform
to the edicts of the law or comply with legal process served on Popular Commercial Lending
Group, Inc. or the site; (b) protect and defend the rights or property of Popular Commercial
Lending Group, Inc.; and/or (c) act under exigent circumstances to protect the personal safety of
users of Popular Commercial Lending Group, Inc., or the public.
Security of your Personal Information
Popular Commercial Lending Group, Inc. secures your personal information from unauthorized
access, use, or disclosure. Popular Commercial Lending Group, Inc. uses the following methods
for this purpose:
We strive to take appropriate security measures to protect against unauthorized access to or
alteration of your personal information. Unfortunately, no data transmission over the Internet or any
wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect
your personal information, you acknowledge that: (a) there are security and privacy limitations
inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any
and all information and data exchanged between you and us through this Site cannot be
Right to Deletion
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
- Content uploaded to Box - from a single user with a Personal account to our largest
Enterprise accounts - is encrypted in transit when sent through Box's website and Boxcreated
applications, using high-strength TLS 1.2 encryption. Content is also encrypted
at rest by Box using 256-bit AES encryption, and is further protected by an encryption
key-wrapping strategy that also utilizes 256-bit AES
• Delete your personal information from our records; and
Please note that we may not be able to comply with requests to delete your personal information if
it is necessary to:
Children Under Thirteen
Popular Commercial Lending Group, Inc. does not knowingly collect personally identifiable
information from children under the age of thirteen. If you are under the age of thirteen, you must
ask your parent or guardian for permission to use this application.
• Direct any service providers to delete your personal information from their records.
• Complete the transaction for which the personal information was collected, fulfill the
terms of a written warranty or product recall conducted in accordance with federal
law, provide a good or service requested by you, or reasonably anticipated within the
context of our ongoing business relationship with you, or otherwise perform a contract
between you and us;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal
activity; or prosecute those responsible for that activity;
• Debug to identify and repair errors that impair existing intended functionality;
• Exercise free speech, ensure the right of another consumer to exercise his or her right
of free speech, or exercise another right provided for by law;
• Comply with the California Electronic Communications Privacy Act;
• Engage in public or peer-reviewed scientific, historical, or statistical research in the
public interest that adheres to all other applicable ethics and privacy laws, when our
deletion of the information is likely to render impossible or seriously impair the
achievement of such research, provided we have obtained your informed consent;
• Enable solely internal uses that are reasonably aligned with your expectations based on
your relationship with us;
• Comply with an existing legal obligation; or
• Otherwise use your personal information, internally, in a lawful manner that is
compatible with the context in which you provided the information.
From time to time, Popular Commercial Lending Group, Inc. may contact you via email for the
purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or
other general communication.
If you would like to stop receiving marketing or promotional communications via email from
Popular Commercial Lending Group, Inc., you may opt out of such communications by clicking on
the unsubscribe botton in promotional emails sent via Constant Contact.
External Data Storage Sites
We may store your data on servers provided by third party hosting vendors with whom we have
Changes to this Statement
time to time. We will notify you about significant changes in the way we treat personal information
by sending a notice to the primary email address specified in your account, by placing a prominent
notice on our application, and/or by updating any privacy information. Your continued use of the
application and/or Services available after such modifications will constitute your: (a)
Popular Commercial Lending Group, Inc. welcomes your questions or comments regarding this
Statement of Privacy. If you believe that Popular Commercial Lending Group, Inc. has not
adhered to this Statement, please contact Popular Commercial Lending Group, Inc. at:
Popular Commercial Lending Group, Inc.
10808 River Front Pkwy Suite 3132
South Jordan, Utah 84095
Effective as of January 1, 2022