Welcome to BrightBridge Realty Capital. These Terms of Service ("Terms") constitute a binding agreement between you (“you” or “your”) and BrightBridge Realty Capital (“we,” “us,” or “our”). These Terms govern your use of our website at www.BrightBridgeRealtyCapital.com and its subdomains (collectively, the "Site"), along with any related services provided by BrightBridge Realty Capital (together with the Site, the "Services").
Please read these Terms carefully. By clicking "I accept" or by accessing or using our Services, you confirm that you agree to be bound by these Terms. If you do not agree to all of these Terms, do not click "I accept" and do not use our Services.
1. Scope of Services
BrightBridge Realty Capital offers capital solutions tailored for private lenders and commercial mortgage brokers in residential real estate and mixed-use markets.
- We reserve the right to modify, suspend, or discontinue any part of our Services at any time without notice, as permitted by law.
- Access to our Services requires an internet-enabled device. Certain features may become unavailable due to maintenance, upgrades, or other reasons.
2. Right to Use & Privacy Policy
- Grant of Use: You are granted a limited, non-exclusive, non-transferable, and revocable right to use our Services, provided you comply with these Terms.
- Privacy Policy: Your use of our Services is subject to our Privacy Policy, which governs the collection, use, and disclosure of your data. Updates to the Privacy Policy will be posted on the Site, and continued use of the Services constitutes acceptance of those updates.
3. Account Credentials & Communications
- Login and Security: You are responsible for maintaining the confidentiality of your login credentials and for all activities conducted under your account.
- Communications Consent: By using our Services, you agree to receive communications from us, including legal notices and marketing materials. You may update your contact preferences or opt-out of marketing communications by emailing info@BrightBridgeRealtyCapital.com.
4. Fees and Payments
- Access to the Site is free of charge. Fees for third-party products or services purchased through our Services will be disclosed before purchase.
5. Prohibited Conduct
You may not use our Services to:
- Damage, disrupt, or overburden our systems.
- Impersonate another person, misrepresent your identity, or engage in fraudulent activities.
- Upload malicious code or conduct unauthorized scraping or data mining.
- Violate any applicable laws or infringe on the intellectual property rights of others.
6. Intellectual Property Rights
- The content, design, and software used in our Services are proprietary to BrightBridge Realty Capital and its licensors.
- You are prohibited from copying, modifying, reverse-engineering, or creating derivative works of our Services or content.
7. Indemnification
You agree to indemnify BrightBridge Realty Capital and its affiliates, officers, employees, and agents against any claims, damages, or expenses arising from:
- Your use of our Services.
- Your breach of these Terms.
8. Third-Party Sites
- Our Services may include links to third-party websites. These links are provided for convenience, and we are not responsible for the content or practices of these sites.
9. Disclaimer of Warranties
- Our Services are provided “as is” without warranties of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.
10. Limitation of Liability
- BrightBridge Realty Capital will not be liable for indirect, incidental, or consequential damages arising from your use of our Services.
- Our total liability for all claims is limited to $10,000.
11. Release
By using our Services, you release BrightBridge Realty Capital and its affiliates from liability for any claims or disputes arising from:
- Third-party services or products accessed through our Services.
- Unauthorized access to your data.
12. California Users
- California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834, or (800) 952-5210.
13. Void Where Prohibited
- Our Services are only available in the United States in states where BrightBridge Realty Capital is authorized to operate. Access from other jurisdictions is prohibited.
14. Modification and Termination
- We may modify or terminate these Terms or your access to our Services at any time.
- Changes to these Terms will be posted on the Site. Continued use of our Services constitutes acceptance of the revised Terms.
15. Feedback and Suggestions
- By submitting feedback or suggestions, you grant BrightBridge Realty Capital the right to use such input without restriction or compensation.
16. Notice
- We may provide legal notice to the email address associated with your account. Notice is deemed received 24 hours after being sent. By accessing or using the Services, you acknowledge that you have read, understood, and agree to these Terms. For further questions, contact us at info@BrightBridgeRealtyCapital.com.
17. Governing Law; Dispute Resolution
- The Terms are governed by New York State law, excluding conflict of law principles. If arbitration doesn’t apply, disputes will be resolved in New York courts, though small claims, injunctive relief, or enforcement actions may proceed in other appropriate venues. Both parties waive the right to jury trials where legally permitted.
18. Agreement to Arbitrate; Waiver of Class Action
- Except for disputes over intellectual property or specified exclusions, disputes are resolved by arbitration under AAA rules in New York. Arbitration decisions are binding, with limited exceptions. Class action or class-wide arbitration is prohibited, and claims must be filed individually.
- Opting out of arbitration is allowed within 30 days of becoming subject to the provision by submitting a signed notice to the designated Roc Capital address. Changes to arbitration terms will not apply retroactively to existing claims.
19. Miscellaneous
- Rights under these Terms cannot be assigned without written consent. The Terms represent the full agreement between the parties, superseding prior communications, and can only be amended in writing or by updated posting. Severable clauses ensure unenforceable sections do not impact others. Failure to enforce a provision is not a waiver of rights.
20. No Minors
- Users under 18 are not authorized to use the services or site.
For Additional Information
Questions can be directed to Roc Capital at 135 W 50th St, Suite 200, New York, NY 10020 or via email at info@brightbridgerealty.com.
Terms effective as of January 1, 2025.