Terms of Use

Welcome to Hannah Howard Funding ("Hannah Howard Funding," "Company," "we," "us," or "our").

These Terms of Use ("Terms") govern your access to and use of our website, online application portal, communications, products, services, and any related content (collectively, the "Services").

By accessing, browsing, submitting information through, or otherwise using the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms, our Privacy Policy, and any other policies incorporated by reference.

If you do not agree to these Terms, you must immediately discontinue use of the Services.

These Terms govern only your use of the Services. Any commission advance transaction approved by Hannah Howard Funding will also be governed by a separate written Funding Agreement. If a conflict exists between these Terms and a fully executed Funding Agreement, the Funding Agreement will control solely with respect to that funded transaction.

We reserve the right to modify, suspend, discontinue, or update any portion of the Services or these Terms at any time. Any revisions become effective upon posting unless otherwise stated. Your continued use of the Services after revised Terms become effective constitutes your acceptance of those revisions.

The Services are intended solely for licensed real estate professionals seeking information regarding potential commission advance transactions.

To submit an application or request funding, you represent and warrant that you:

• are at least eighteen (18) years of age;
• possess the legal capacity to enter into binding agreements;
• reside in, or are otherwise authorized to conduct business within, the United States;
• hold a current, active, and unrestricted real estate license in the jurisdiction applicable to the transaction;
• are affiliated with a licensed real estate brokerage in good standing;
• have a legitimate pending real estate transaction that may generate an earned commission;
• possess all authority necessary to disclose the information submitted through the Services;
• are not prohibited by any law, court order, brokerage agreement, or contractual obligation from seeking a commission advance;
• provide truthful, accurate, current, and complete information throughout the application process.

You agree to promptly update any information that becomes inaccurate while your application remains pending.

The Company reserves the right to suspend or terminate access to the Services, reject applications, or discontinue consideration of any transaction if eligibility requirements are no longer satisfied or if submitted information cannot be verified.

Hannah Howard Funding provides information regarding the possible purchase or assignment of certain rights relating to eligible real estate commission receivables, subject to underwriting, verification, approval, and execution of a separate written Funding Agreement.

Information presented on this website is intended to describe our services generally. Nothing contained on the Services constitutes:

• a commitment to provide funding;
• an approval of any application;
• an offer to extend consumer credit;
• legal advice;
• tax advice;
• accounting advice;
• financial planning advice; or
• an obligation to enter into any transaction.

The availability, amount, timing, pricing, and terms of any commission advance are determined solely through our underwriting and verification process and will be reflected only in a written Funding Agreement signed by all required parties.

Submission of an application does not create any contractual relationship requiring Hannah Howard Funding to approve, purchase, or fund any commission receivable.

Unless expressly stated otherwise in a written Funding Agreement, Hannah Howard Funding intends its commission advance products to be structured as the purchase or assignment of an interest in an expected real estate commission receivable arising from an identified pending transaction.

Each transaction is evaluated individually based upon applicable law, underwriting criteria, transaction documentation, brokerage verification, and other factors deemed relevant by the Company.

The legal characterization of any commission advance depends upon the specific terms contained within the executed Funding Agreement and applicable law. Nothing contained within these Terms should be interpreted as modifying or replacing the legal rights and obligations established within a fully executed Funding Agreement.

The Company reserves the right, in its sole discretion and to the fullest extent permitted by applicable law, to approve, deny, suspend, postpone, modify, or discontinue any funding opportunity at any stage prior to execution of the applicable Funding Agreement.

Submission of an inquiry, completion of an application, participation in discussions, receipt of preliminary communications, or provision of requested documentation does not guarantee approval or funding.

Funding decisions are based upon numerous factors, including but not limited to:

• successful identity verification;
• brokerage verification;
• transaction verification;
• title or settlement verification;
• underwriting review;
• fraud prevention procedures;
• document authenticity;
• compliance review;
• operational capacity;
• applicable legal requirements; and
• execution of all required agreements.

Hannah Howard Funding may decline, delay, suspend, or withdraw consideration of any application at any time before funding occurs, with or without prior notice, to the extent permitted by applicable law.

Submitting an application through the Services does not create an obligation on the part of Hannah Howard Funding to review, approve, purchase, or fund any commission receivable.

To evaluate an application, we may request documentation and information that we determine is reasonably necessary, including but not limited to:

• Purchase and sale agreements;
• Listing agreements;
• Commission agreements;
• Brokerage information;
• Title or settlement information;
• Government-issued identification;
• Proof of licensure;
• Banking or payment instructions (where applicable);
• Documents necessary to verify ownership or entitlement to the anticipated commission.

You authorize Hannah Howard Funding and its authorized service providers to verify information provided in connection with your application and to communicate with your real estate brokerage, managing broker, title company, settlement agent, escrow company, attorney, lender, or other parties involved in the transaction for purposes of underwriting, verification, funding coordination, repayment administration, fraud prevention, and compliance.

We reserve the right to request additional documentation at any stage of the application process.

Failure to provide requested information or documentation within a reasonable period may result in suspension or denial of your application.

All funding decisions are made in Hannah Howard Funding's sole business discretion.

Our underwriting process may consider numerous factors, including but not limited to:

• transaction status;
• anticipated closing date;
• estimated commission;
• brokerage verification;
• title verification;
• documentation completeness;
• fraud risk indicators;
• licensing status;
• transaction history;
• repayment structure;
• internal risk policies;
• operational capacity; and
• applicable legal or regulatory requirements.

Nothing contained on the Services shall obligate Hannah Howard Funding to approve any application, maintain any funding program, or continue offering any particular funding product.

The Company reserves the right to establish, modify, suspend, or discontinue underwriting criteria at any time without prior notice.

Funding amounts, purchase prices, fees, repayment obligations, settlement instructions, and all economic terms are governed exclusively by the executed Funding Agreement.

Information displayed on the Services regarding estimated funding amounts or examples is provided solely for illustrative purposes and should not be interpreted as a promise or guarantee of available funding.

Unless otherwise provided in the applicable Funding Agreement:

• funding amounts may vary based upon underwriting;
• funding timelines are estimates only;
• same-day funding is not guaranteed;
• banking delays, verification delays, holidays, fraud reviews, and operational requirements may affect funding or repayment timing.

The Funding Agreement controls all rights and obligations relating to repayment, assignment of commission proceeds, transaction failure, extensions, defaults, remedies, and any other funding-related matters.

By submitting an application or otherwise using the Services, you represent and warrant that:

• all information provided is truthful, accurate, complete, and current;
• you possess all authority necessary to disclose submitted information;
• you are legally entitled to the commission identified in your application, subject to the underlying real estate transaction;
• you have disclosed all material information relevant to the transaction;
• documents submitted have not been altered, fabricated, or fraudulently modified;
• you have not knowingly omitted information that could affect underwriting;
• you are acting in good faith;
• your participation complies with applicable law, brokerage policies, MLS rules, and contractual obligations;
• you are not using the Services for unlawful purposes.

These representations continue throughout the application process until completion or withdrawal of the application.

Protecting applicants and maintaining the integrity of our funding process are important priorities.

Accordingly, Hannah Howard Funding reserves the right to verify the identity of any applicant and investigate circumstances that may reasonably indicate fraud, identity theft, forgery, document alteration, misrepresentation, unauthorized transactions, money laundering, sanctions violations, or other unlawful conduct.

For these purposes, we may:

• verify identity using available verification methods;
• verify licensing status;
• confirm brokerage affiliation;
• verify transaction information;
• verify commission entitlement;
• authenticate submitted documents;
• request additional documentation;
• communicate with third parties involved in the transaction;
• suspend or delay underwriting while investigations are conducted;
• deny applications where information cannot be satisfactorily verified; and
• cooperate with law enforcement, regulatory authorities, courts, or governmental agencies where required or permitted by applicable law.

Nothing in these Terms obligates Hannah Howard Funding to complete funding where fraud concerns, compliance issues, or verification deficiencies exist.

Applicants agree to cooperate with reasonable requests made in connection with fraud prevention, identity verification, or legal compliance.

Applicants are solely responsible for ensuring that their participation in any commission advance transaction complies with:

• applicable federal, state, and local law;
• licensing requirements;
• brokerage agreements;
• employment or independent contractor agreements;
• MLS rules;
• contractual obligations; and
• any other legal or professional requirements applicable to their transaction.

Hannah Howard Funding reserves the right to decline any transaction that, in its reasonable judgment, may expose the Company or any party to legal, regulatory, operational, or reputational risk.

You agree to use the Services only for lawful purposes and in accordance with these Terms.

You may not use the Services in any manner that could damage, disable, overburden, impair, interfere with, or compromise the operation, security, integrity, or availability of the Services or any related systems.

You further agree that you will not:

• submit false, misleading, fraudulent, forged, or incomplete information;
• impersonate another individual or entity;
• submit information on behalf of another person without proper authorization;
• attempt to gain unauthorized access to any account, server, database, application, or network;
• interfere with or disrupt the operation of the Services;
• upload malware, ransomware, viruses, malicious code, or other harmful software;
• engage in phishing, credential harvesting, or identity theft;
• attempt to bypass authentication or security measures;
• perform penetration testing, vulnerability scanning, or security testing without our prior written authorization;
• use automated software, bots, scripts, crawlers, spiders, or similar technologies to access or monitor the Services;
• scrape, harvest, copy, or extract data from the Services for commercial purposes;
• overload the Services through excessive automated requests or denial-of-service activity;
• violate any applicable law, regulation, or professional licensing requirement; or
• assist or encourage any third party to engage in prohibited conduct.

Violation of this section may result in immediate suspension or termination of access, denial of applications, legal action, and any other remedies available under applicable law.

By using the Services, you consent to receive communications electronically, including disclosures, agreements, notices, updates, reminders, account information, funding communications, and other records relating to your application or any transaction.

You agree that electronic communications satisfy any legal requirement that such communications be provided in writing.

Where permitted by applicable law, electronic signatures, electronic acknowledgments, electronic records, and electronically executed agreements shall have the same legal force and effect as handwritten signatures.

You are responsible for maintaining a valid email address, telephone number, and other contact information necessary to receive communications.

You acknowledge that failure to receive communications resulting from inaccurate contact information, spam filtering, unavailable devices, or similar circumstances does not invalidate otherwise effective notices or agreements.

Additional terms regarding electronic signatures and electronic disclosures may be contained within a separate E-SIGN Consent presented during the application process.

The Services, including all software, technology, website design, text, graphics, logos, branding, icons, photographs, illustrations, layouts, user interfaces, videos, downloadable materials, and other content, are owned by or licensed to Hannah Howard Funding and are protected under applicable intellectual property laws.

Except as expressly permitted by these Terms, no portion of the Services may be copied, reproduced, modified, distributed, displayed, published, licensed, sold, transmitted, reverse engineered, or otherwise exploited without our prior written permission.

No rights or licenses are granted except those expressly provided in these Terms.

Without Hannah Howard Funding's prior written consent, you may not:

• use the Services or any content for training, developing, or improving artificial intelligence, machine learning, or large language models;
• scrape or harvest website content using automated tools;
• use automated systems to copy, index, reproduce, or redistribute website content;
• generate derivative commercial databases using information obtained from the Services;
• use bots or automated software to submit applications or inquiries.

Nothing in this section is intended to prohibit lawful indexing by general-purpose search engines operating in accordance with applicable internet standards.

The Services may integrate with or utilize third-party providers that assist in delivering our services.

These providers may include, without limitation:

• cloud hosting providers;
• payment processors;
• identity verification providers;
• customer relationship management (CRM) platforms;
• electronic signature providers;
• document storage providers;
• analytics providers;
• communications providers, including email and SMS platforms;
• scheduling services; and
• fraud prevention vendors.

These third parties operate under their own terms and privacy practices. Hannah Howard Funding is not responsible for the availability, functionality, security, or policies of third-party services that we do not control.

Links to third-party websites are provided solely for convenience and do not constitute an endorsement or recommendation.

While we strive to maintain reliable availability of the Services, we do not guarantee uninterrupted access.

The Services may become unavailable due to maintenance, upgrades, technical failures, internet disruptions, cybersecurity incidents, third-party service interruptions, governmental actions, natural disasters, or other events beyond our reasonable control.

We reserve the right to modify, suspend, restrict, discontinue, or remove any portion of the Services at any time without prior notice.

Although we employ safeguards designed to help protect our systems, no website or electronic system can be guaranteed to be completely secure. Users are responsible for maintaining appropriate security measures for their own devices, passwords, accounts, and internet connections.

You agree to notify Hannah Howard Funding promptly if you become aware of any unauthorized use of your account, suspected security incident, or compromise involving the Services.

THE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

HANNAH HOWARD FUNDING DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, OR UNINTERRUPTED OPERATION.

Information presented through the Services is provided solely for general informational purposes and should not be interpreted as legal, tax, accounting, financial, investment, brokerage, or professional advice.

Users are solely responsible for consulting their own legal, tax, accounting, financial, or other professional advisors regarding their individual circumstances.

Nothing contained within the Services constitutes an offer, commitment, guarantee, or promise that any application will be approved or funded.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HANNAH HOWARD FUNDING, ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR SIMILAR DAMAGES.

THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY ASSERTED, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN ADVISED.

SUBJECT TO APPLICABLE LAW, THE COMPANY'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF:

• ONE HUNDRED UNITED STATES DOLLARS (US $100); OR
• THE TOTAL AMOUNT OF FEES PAID DIRECTLY TO HANNAH HOWARD FUNDING BY THE CLAIMING PARTY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions may not permit certain limitations of liability. To the extent prohibited by applicable law, those limitations shall apply only to the minimum extent required.

You agree to defend, indemnify, and hold harmless Hannah Howard Funding and its owners, officers, directors, employees, contractors, affiliates, successors, agents, representatives, and service providers from and against any claims, actions, liabilities, damages, losses, judgments, penalties, costs, or expenses, including reasonable attorneys' fees, arising from or relating to:

• your violation of these Terms;
• your misuse of the Services;
• inaccurate, misleading, incomplete, or fraudulent information submitted by you;
• your violation of applicable law or professional obligations;
• disputes arising from the underlying real estate transaction; or
• your negligence, misconduct, or intentional wrongdoing.

This obligation survives termination of these Terms.

These Terms shall be governed by the laws specified in the applicable Funding Agreement. If no Funding Agreement exists, these Terms should identify the governing state law selected by Hannah Howard Funding after review by legal counsel.

The parties may agree within the Funding Agreement that disputes relating to funded transactions will be resolved through binding arbitration on an individual basis.

To the extent arbitration is not applicable or enforceable, the parties consent to the exclusive jurisdiction of the designated state and federal courts identified in the governing agreement.

Nothing contained in these Terms limits Hannah Howard Funding's ability to seek temporary restraining orders, preliminary injunctions, or other equitable relief where necessary to protect confidential information, intellectual property, security interests, or other legal rights.

Hannah Howard Funding shall not be liable for any delay, interruption, suspension, or failure to perform resulting from circumstances beyond its reasonable control.

Such circumstances include, without limitation:

• natural disasters;
• hurricanes;
• floods;
• fires;
• pandemics;
• acts of government;
• war;
• terrorism;
• labor disputes;
• utility failures;
• banking interruptions;
• internet outages;
• telecommunications failures;
• cybersecurity incidents;
• software failures;
• failures of third-party vendors; or
• other events beyond our reasonable control.

Performance shall be suspended only for the duration reasonably necessary to address such circumstances.

If any provision of these Terms is determined by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall continue in full force and effect.

Failure by Hannah Howard Funding to exercise or enforce any right or provision under these Terms shall not constitute a waiver of that right or provision.

Any waiver must be in writing and signed by an authorized representative of Hannah Howard Funding.

You may not assign, transfer, delegate, or otherwise dispose of any rights or obligations under these Terms without Hannah Howard Funding's prior written consent.

Hannah Howard Funding may assign or transfer its rights and obligations in connection with a merger, acquisition, financing, restructuring, sale of assets, or other corporate transaction, subject to applicable law.

These Terms, together with the Privacy Policy, any applicable Funding Agreement, E-SIGN Consent, application disclosures, and any additional agreements expressly incorporated by reference, constitute the entire agreement between you and Hannah Howard Funding concerning your use of the Services.

In the event of any conflict relating to a funded transaction, the executed Funding Agreement shall control with respect to that transaction.

Questions regarding these Terms may be directed to:

Hannah Howard Funding
Email: hello@hannahhowardfunding.com
Phone: (870) 919-9520
Mailing Address: 495 Brickell Ave Miami, FL 33131

These Terms become effective on the "Last Updated" date listed at the beginning of this document and remain in effect until modified or replaced by Hannah Howard Funding.