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TERMS and CONDITIONS of USE

NON-DISCLOSURE, NON-CIRCUMVENT AND NON-SOLICITATION MUTUAL AGREEMENT

All Web Site Users:


It is agreed by logging into the Appian Commercial Lending ( ACL) web site that you agree to the terms of the sites and confirm that we have full authority to execute this Agreement. You are agreeing to the execution of this agreement and are bound by this Agreement.

Appian Commercial Lending offers services to you, the "User", conditioned on your agreement to adhere to the following terms of use without modification of any kind. Your use of Appian Commercial Lending services constitutes your agreement to these terms of use. These Terms of Use are subject to change at any time, without prior notice.

All of the information I have provided to this web site is true and complete. I authorize Appian Commercial Lending to forward my information to its network of industry contacts. In the event it is discovered that user has provided false information to obtain access to web site, funding or commissions we reserve the right to recover damages and file possible criminal charges
SECURITY POLICY
Please! No Sharing of User Access- As part of data back up and data security compliance our security randomly track the users IP address, log in time, log out time, page views, edits, added or delete information. The system will detect unusually activity and may suspend the user access and send a security breach alert to our IT administrator that a user id has been suspended.

Appian Commercial Lending uses SSL secure technology to protect your data and transmissions between you, Appian Commercial Lending and 3rd parties.
SERVICES
Appian Commercial Lending does not list or sell homes or originate commercial loans.

You the user authorize Appian Commercial Lending to forward your information to professionals who request information. You understand that these real estate professionals and or commercial mortgage originators may keep this form, whether or not you complete a transaction with them. You further understand and agree that by applying or contacting and selecting a Appian Commercial Lending as commercial loan officer, you are extending an express invitation to them to contact you by telephone at the numbers you have provided, and you hereby consent to any such calls even if your phone number is on the Do Not Call list.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Web site are: Copyright 2009, Appian Commercial Lending, (ACL)
DISCLAIMERS AND LIMITATIONS
Appian Commercial Lending makes every effort to see that all the information contained in this Web site be accurate and reliable; however, errors sometimes occurs. In addition, changes and improvements to the information provided herein may be made by Appian Commercial Lending at any time. This web site and the information and services associated with it are provided "as is" use of the web site is at your own risk. Appian Commercial Lending and/or its suppliers or commercial mortgage and real-estate professionals are not liable for any direct or indirect, punitive, incidental or consequential damages or other injury arising out of or in any way connected with the use of this web site or with the delay or instability of this web site, or for any information, products and service obtain through this website, or otherwise arising out of the use of this web site, where resulting in whole or part from breach of contract, negligence, strict liability or otherwise, even if Appian Commercial Lending and/or its agents/suppliers advised of the possibility or damages. Some jurisdictions do not allow this exclusion and therefore this may not apply to you.
TCPA Disclaimer
The telephone numbers, fax numbers, and email addresses contained on this website are made available solely for the use and convenience of those persons or entities with which we do business on a regular basis and our customers/clients. The telephone numbers, fax numbers and email addresses contained on this website are not being made available to any person or entity for the purpose of sending unsolicited fax or email .advertisements and are not to be used for such purposes. By accessing this website you agree not to use the telephone numbers, fax numbers, or email addresses contained herein for the purpose of sending unsolicited advertisements. Appian Commercial Lending hereby expressly advises you that you DO NOT have its express invitation or permission to send any unsolicited advertisements to any of the telephone numbers, fax numbers, or email addresses contained on this website.
INDEMNITY
As a condition of use of this Web site, you agree to indemnify from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of this Web site, including without limitation any claims alleging facts that if true would constitute a breach by you of this agreement.
LINKS TO THIRD PARTIES
This Web site may contain links to Web sites maintained by third parties. Such links are provided for your convenience and reference only. Appian Commercial Lending does not operate or control in any respect any information, software, products or services available on such web sites. Appian commercial Lending's inclusion of a link to a Web site does not imply any endorsement of the services or the site, its contents, or its organization.
TERMINATION
Appian Commercial Lending reserves the right to cancel access and broker agreements of any user or affiliate in the Appian commercial Lending's service at any time due to Users breach of the these terms of use, Broker Agreement or any of the terms and conditions of any service that user may have registered. All fees due to Appian Commercial Lending up to the point of termination shall remain payable to Appian commercial Lending.
ERRORS AND DELAYS
Appian Commercial Lending is not responsible for any errors or delays in responding to a referral form caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control.
GENERAL
This agreement shall be subject to and construed in accordance with the laws of the State of Texas, excluding its conflict of law principles. You hereby consent to the exclusive jurisdiction and venue of courts of Texas, in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. This agreement and if applies Broker Agreement constitutes the entire agreement between you and Appian Commercial Lending and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Appian Commercial Lending with respect to this Web site and information, software, products and services associated with it. 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. 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. All rights not expressly granted herein are reserved.
DISPUTE RESOLUTION
Any claim or controversy arising out of or relating to the use of Appian Commercial Lending services, to the goods or services provided by Appian commercial Lending, or to any acts or omissions for which you may contend Appian Commercial Lending is liable, including but not limited to any claim or controversy ("Dispute"), shall be finally, and exclusively, settled by arbitration in Texas. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to Appian commercial Lending. The arbitration cost will be paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand therefore. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Texas. Other than damages for circumventing, violated the NCND agreement and disclosing privileged web sites lenders and technology of Appian commercial Lending, the arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the join or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. This agreement provides that all disputes between you and Appian Commercial Lending will be resolved by binding arbitration. You thus give up your right to go to court to assert or defend your rights. You also give up your right to participate or bring class action. Your rights will be determined by neutral arbitrators and not by judge or jury. The Parties agree that all nonpublic information about their respective business operations and the principles of those businesses is confidential information belonging to the respective Party. For purposes of this Agreement, "Confidential Information" means any type of written or oral information or material concerning either Party which is disclosed to the other Party and which are not generally known to the public. "Confidential Information" 'includes, without limitation, any business or financial information which relates to business models, contracts, prospective purchasers, leases, business operations, properties, trademarks, trade secrets, designs, procedures, accounting, merchandising and selling, business plans or strategies, marketing plans, contacts, sources and shareholder or investor lists.

NON-DISCLOSURE, NON-CIRCUMVENT AND NON-SOLICITATION MUTUAL AGREEMENT:


1) Each Party agrees that at all times it will hold in strict confidence and not disclose to any third Party Confidential Information of the other, and will use the Confidential Information for no purpose other than evaluating or pursuing a business relationship with the other Party to this Agreement. Each Party shall only permit access to Confidential Information of the other Party to those of its employees or authorized representatives having a need to know and who have signed confidentiality agreements or are otherwise bound by confidentiality obligations at least as restrictive as those contained herein. Confidential Information shall not be reproduced in any form except as required to accomplish the intent of this Agreement. Any reproduction of any Confidential Information of the other Party by either Party shall remain the property of the disclosing Party and shall contain any and all confidential or proprietary notices or legends which appear on the original, unless otherwise authorized in writing by the other Party.

2) The Party that receives Information, whether of a confidential or public nature, will not use that information to circumvent the other Party in order to deal directly with sources, contacts, consultants, employees, customers, funding sources, brokers, etc. of the other Party. This excludes any companies, contacts, lenders, banks that any party of this agreement already had a relationship or contact. This includes any communication with referred clients or borrowers not be solicited for future business without written authorization specifically naming the client or borrower. All communication from past clients or borrowers must be directed back to the referring party PROVIDED that the referring party is still in business AND is easily communicated with. Should a party change address, phone numbers or email addresses it is up to that party to notify the other party so that seamless communication can be maintained. If any party to this agreement goes out of business, changes the mission of the business or fails to communicate changed contact information to the other party then this agreement ends and no party will be required to continue to work with the other party when contacting lenders and or clients.

3) Each Party's obligations under this Agreement with respect to any portion of the other Party's confidential Information shall terminate when the Party to whom Confidential Information was disclosed can document that: (a) it has entered the public domain through no fault of either party; (b) it was in the party’s possession free of any obligation of confidence at the time it was communicated to the other Party; (c) it was rightfully communicated to the party free of any obligation of confidence subsequent to the time it was communicated to the party by the other Party; (d) it was developed by the party independently of and without reference to any information communicated to the party by the other party; or (e) disclosure of such Confidential Information is necessary in response to a valid order by a court or other governmental body, is otherwise required by law, or is necessary to establish the rights of either Party under this Agreement.

4) Upon termination or expiration of this Agreement, or upon written request of the other Party, each Party shall promptly return to the other all documents and other tangible materials representing the other's confidential Information and all copies thereof. However, be it known that most information held by either party is in digital format and therefore each party is expected to delete confidential information of the other party upon termination or expiration. Each Party shall immediately notify the other upon discovery of any loss or unauthorized disclosure of Confidential Information of the other Party.

5) The Parties recognize and agree that nothing contained in this Agreement shall be construed as granting any property rights, by license or otherwise, to any Confidential Information of the other Party disclosed pursuant to this Agreement, or to any invention or any patent, copyright, trademark, or other intellectual property right that has issued or that may issue, based on such Confidential Information. Neither Party shall communicate any information to the other in violation of the proprietary rights of any third Party.

6) The party’s obligations under this Agreement shall survive termination of the Agreement between the parties and shall be binding upon the heirs, successor and assigns of each party. The party’s obligations hereunder shall continue in full force and effect with respect to non-technical sales, marketing, and financial Confidential Information for five (5) years from the Effective Date of this agreement which is determined by the date of your final log in to the site which is stored in our admin profile.

7) This Agreement shall be governed by and construed in accordance with the laws of the State of Texas without reference to conflict of laws principle.

8) Each Party acknowledges that its breach of the Agreement will cause irreparable damage and hereby agrees that the other Party shall be entitled to seek injunctive relief under this Agreement, as well as such further relief as may be granted by a court of competent jurisdiction. If any provision of this Agreement is found by a proper authority to be unenforceable or invalid, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the Emits of applicable law or applicable court decisions.



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