Terms of Use

PLEASE READ CAREFULLY. SECTION 20 REQUIRES MOST DISPUTES TO BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND WAIVES JURY TRIALS AND CLASS ACTIONS, UNLESS YOU OPT OUT AS DESCRIBED THERE.

1. Agreement

These Terms of Use ("Terms") are an agreement between you and Star Advantage Funding LLC, a Texas limited liability company ("Star Advantage," "we," "us" or "our"). They govern your use of staradvantagefunding.com and its pages, forms, calculators, market data, content, lender intake and client portal (the "Services").

You accept these Terms when you check the box agreeing to them, submit a form, create or use a portal account, or otherwise use the Services. If you use the Services for a company or other organization, you confirm that you are authorized to accept these Terms for it. In that case, "you" includes that organization. Our Privacy Policy explains how we handle information. If you do not agree to these Terms, do not use the Services.

2. Who we are and what we are not

Star Advantage is a capital and transaction advisory firm. We help clients think through financing and transactions, prepare financing requests, and connect and coordinate with independent lenders, capital providers and other professionals.

Star Advantage is not a lender, bank, mortgage company, broker-dealer, investment adviser, insurance company or agency, law firm or accounting firm. We hold no lending, mortgage, real estate, securities or insurance license. We do not make or fund loans; issue loan approvals, commitments, rate locks or term sheets on behalf of any lender; offer or sell securities; sell or bind insurance; or give legal, tax, accounting, appraisal, investment or immigration advice. Our services relate only to business-purpose financing and transactions. We do not arrange loans for personal, family or household purposes.

3. No engagement, no fiduciary duty

Submitting a form, creating a portal account, uploading documents, or talking with us does not by itself make us your adviser or agent, or obligate us to do anything. We provide services to clients only under a separate written engagement agreement. If that agreement conflicts with these Terms, the engagement agreement controls for the services it covers.

Unless a signed agreement expressly says otherwise, we are not your fiduciary, trustee or agent; we act as an independent contractor; and you make all decisions about whether and on what terms to borrow, invest, buy, sell or sign anything. We are typically compensated by lenders or capital providers, not by clients, as explained on our Disclosures page. That compensation may vary by provider and transaction.

4. No guarantee of financing or results

Star Advantage Funding is not a lender and does not guarantee financing, terms, approvals, savings, concessions or incentives. Results depend on the transaction, the counterparties, market conditions and the services agreed upon. Every financing is subject to the capital provider's own underwriting, documentation, diligence and approval, which the provider may grant, condition or deny in its sole discretion. Past transactions do not predict future outcomes.

5. Information, calculators and rate data are not advice or offers

Articles, examples, checklists, calculators, benchmark and market rates, and other content on the Services are general information only. Rates shown are public reference or benchmark rates from third-party sources. They are not rates offered to you. Actual loan pricing includes spreads, floors, fees and other terms set by each capital provider. Calculator results are estimates based on your inputs and stated assumptions. They are not quotes and will differ from actual terms. Market data may be delayed, revised, incomplete or unavailable and is provided "as is." Nothing on the Services is an offer to lend, a commitment, a quote, an appraisal, or legal, tax, accounting, insurance, investment or immigration advice.

6. AI-assisted work product

We use artificial-intelligence tools to help sort documents, read identification documents and prepare first drafts of summaries and loan packages. AI-assisted output can contain errors or omissions. Our team reviews it, but you are responsible for reviewing anything we prepare from your information before it is shared or signed, and for telling us about any errors. Statements in a package or summary about your business, property, finances or history are based on the information you provided. You remain responsible for their accuracy.

7. Your own judgment and advisers; no reliance

Our views on markets, structures, lenders and transactions reflect the experience of our principals as owners, operators and participants in hotel, real estate and business transactions. They are not legal, tax, accounting, appraisal or investment opinions. Before acting, you will rely on your own judgment and on your own qualified attorneys, accountants, tax advisers and other professionals. To the extent the law allows, you agree that you are not relying on any statement on the Services, or on any informal statement by us, except as stated in a signed engagement agreement.

8. Independent lenders and professionals

We may introduce you to lenders, capital providers, hotel brands, sellers, CPAs, insurance agents, attorneys, appraisers, contractors and other professionals. They are independent. They are not our employees, agents, partners or joint venturers, and we do not control or guarantee their decisions, terms, licensing, advice, work, or handling of your information. Your relationship with each of them is directly between you and them. Do your own diligence before engaging anyone.

9. Eligibility and accounts

You must be at least 18 and able to form a binding contract. You agree to give accurate, current and complete information; keep your email account and sign-in methods secure; not share your access with others; and tell us right away about any unauthorized use. You are responsible for activity under your account, except activity caused by our own failure to use reasonable security. We may verify identity, and we may limit, suspend or close accounts to protect the Services, our clients or others.

10. Your information and documents

You keep ownership of the information and documents you provide ("Client Content"). You give us a non-exclusive, royalty-free right to store, copy, process (including with automated and AI tools), analyze, summarize, and transmit Client Content in order to provide the Services and any engaged services; present your request to the lenders, capital providers and professionals you authorize; and keep records as described in our Privacy Policy.

You confirm that you have the right to provide the Client Content; you have permission from any other person whose information you provide, such as co-owners and guarantors; the Client Content is accurate, complete and not misleading, to the best of your knowledge; and providing it does not violate any law or anyone's rights. You will update us promptly if anything material changes. Do not upload passwords, malicious files, or information you are not authorized to share.

11. Lenders and capital providers

If you provide lending criteria or other information as a lender or capital provider, you confirm that it is accurate and that you are authorized to share it; we may use it to evaluate and present opportunities, and we will treat non-public criteria and fee terms as confidential, except as needed to provide the Services or as required by law; we have no obligation to refer any transaction to you; and you are solely responsible for your own underwriting, credit decisions, disclosures and legal compliance. Any compensation arrangement must be in a separate written agreement.

12. Acceptable use

You will not access or try to access accounts, deals or documents that are not yours; probe, scan or test the Services' security, or get around security or rate limits; use bots or scrapers, except standard search-engine indexing of public pages; interfere with or overload the Services; submit false, fraudulent or misleading information; use the Services in violation of any law, including lending, anti-money-laundering, sanctions and export laws; reverse engineer the Services; or copy our content, data or branding for a competing service. If you discover a security issue, please report it to us in good faith through our contact page and do not access or share others' data.

13. Electronic signatures and records

You agree to receive agreements, notices and records electronically and to sign electronically, as described in our Electronic Records and Signatures Disclosure. Your electronic signature has the same effect as a handwritten signature. You are responsible for reviewing documents before you sign, including statements generated from your questionnaire answers.

14. Communications

You agree that we may contact you by email and phone about your inquiry, account and transaction.

15. Intellectual property and feedback

The Services, including text, design, software, calculators, checklists, names and logos, belong to Star Advantage or its licensors. You may view and print pages for your own business use. Any other copying, scraping, republishing, framing or derivative use requires our prior written consent. If you send us suggestions, we may use them without obligation to you.

16. Third-party sites, data and sign-in

The Services may link to or use third-party websites, data sources and sign-in services, such as Google. Their own terms govern them. We do not endorse them and are not responsible for their content, availability or practices.

17. Disclaimer of warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND ALL CONTENT, DATA, CALCULATORS AND AI-ASSISTED OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND AVAILABILITY. WE DO NOT WARRANT THAT FINANCING OR ANY OTHER RESULT WILL BE OBTAINED, THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DATA WILL BE CURRENT OR COMPLETE. ANY WARRANTIES WE GIVE ARE ONLY THOSE STATED IN A SIGNED ENGAGEMENT AGREEMENT.

18. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW: (A) STAR ADVANTAGE AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST OPPORTUNITIES, LOST OR FORFEITED DEPOSITS, INCREASED FINANCING COSTS, OR LOST DATA, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, UNDER ANY THEORY OF LIABILITY. (B) OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO USE OF THE WEBSITE AND PORTAL UNDER THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). CLAIMS ABOUT SERVICES PROVIDED UNDER A SIGNED ENGAGEMENT AGREEMENT ARE GOVERNED BY THAT AGREEMENT'S LIMITS. (C) THESE LIMITS DO NOT APPLY TO LIABILITY FOR OUR FRAUD, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR TO ANY LIABILITY THAT APPLICABLE LAW DOES NOT ALLOW TO BE LIMITED.

19. Indemnity

You will defend, indemnify and hold harmless Star Advantage and the persons listed in Section 18 from third-party claims, and related losses and reasonable attorneys' fees, arising from Client Content you provide, including inaccurate information or information you were not authorized to share; your breach of these Terms; or your violation of law or of anyone's rights. This indemnity does not cover claims to the extent caused by our own negligence, misconduct or breach.

20. Dispute resolution: arbitration and class action waiver

a. Informal resolution first. Before starting arbitration or a lawsuit, the party with a claim must send the other a written description of the claim and the relief sought. Send notices to us at the address in Section 23. Both parties will try in good faith to resolve it for 30 days. This step does not shorten any time limit to bring a claim.

b. Binding arbitration. Any dispute, claim or controversy arising out of or relating to the Services or these Terms (a "Dispute") that is not resolved informally will be resolved by binding arbitration on an individual basis. Questions about the scope, validity and enforceability of this Section 20 are for the arbitrator to decide, except that a court will decide disputes about Section 20(d) (class waiver) and Section 20(f) (mass filings). If a signed engagement agreement has its own dispute-resolution clause, that clause governs Disputes about the engaged services.

c. Rules, location and fees. The American Arbitration Association ("AAA") will administer the arbitration before one arbitrator. Its Commercial Arbitration Rules apply if you use the Services for a business. Its Consumer Arbitration Rules apply if you are an individual using the Services primarily for personal, family or household purposes; for such individuals, we will pay all AAA filing, administrative and arbitrator fees beyond what you would pay to file in court. The arbitration will take place in Dallas County, Texas, or, for an individual consumer, in the county where you live or by video, if you choose. The arbitrator may award any individual relief a court could award, including attorneys' fees where the law allows, and must follow the law. Judgment on the award may be entered in any court with jurisdiction. The Federal Arbitration Act governs this Section 20, because these Terms involve interstate commerce.

d. Class action and jury waiver. YOU AND STAR ADVANTAGE EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO BRING OR TAKE PART IN ANY CLASS, COLLECTIVE OR REPRESENTATIVE ACTION OR ARBITRATION. Claims may be brought only on an individual basis. If this waiver is found unenforceable for a particular claim or type of relief, that claim or relief will be decided by a court, not in arbitration, after the individual arbitration ends.

e. Exceptions. Either party may bring an individual claim in small-claims court, and may seek a temporary restraining order or injunction in court to protect intellectual property, confidential information or the security of the Services.

f. Mass filings. If 25 or more similar arbitration demands are filed by or with the help of the same law firm or organization, they will be administered in batches under the AAA's mass-arbitration procedures, and the deadlines to file will be paused while the batches proceed.

g. Opt out. You may opt out of this Section 20 within 30 days after you first accept these Terms. To do so, email loans@staradvantagefunding.com or write to the address in Section 23, stating your name, the email address you use with us, and that you opt out of arbitration. Opting out does not affect any other part of these Terms.

h. Changes. If we change this Section 20, the change will not apply to any Dispute of which either party had notice before the change takes effect.

21. Governing law, venue and time to bring claims

Texas law governs these Terms, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs Section 20. Subject to Section 20, the state and federal courts located in Dallas County, Texas, have exclusive jurisdiction, and both parties consent to personal jurisdiction and venue there. To the extent permitted by law, any claim arising out of or relating to the Services or these Terms must be filed within two (2) years after it arises, or it is permanently barred.

22. Changes, suspension and termination

We may change the Services or these Terms. We will post updated Terms with a new effective date and, for material changes, notify account holders by email or in the portal at least [15] days before the changes take effect, except where a change is needed sooner for legal or security reasons. Changes apply only going forward. Using the Services after the effective date means you accept the change. We may suspend or end access to the Services at any time, including for breach of these Terms or security concerns. Sections 5 through 8, 10, 15 and 17 through 23 survive termination.

23. General

These Terms, the Privacy Policy, the Electronic Records and Signatures Disclosure, and any signed engagement agreement are the entire agreement about the Services; a signed engagement agreement controls over these Terms for the services it covers. If any provision is unenforceable, it will be enforced to the maximum extent allowed and the rest will remain in effect, subject to Section 20(d). Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them to an affiliate or a successor to our business. We are not responsible for delays or failures caused by events beyond our reasonable control, including outages of third-party service providers. Notices to us must be sent to Star Advantage Funding LLC, Attention: Legal, 4951 Airport Parkway, Suite 570, Addison, TX 75001, with a copy by email to loans@staradvantagefunding.com. We may send notices to you at the email address on your account or in the portal. Nothing in these Terms creates a partnership, joint venture, employment, agency or fiduciary relationship. Headings are for convenience only, and "including" means "including without limitation."

Contact: Star Advantage Funding LLC, 4951 Airport Parkway, Suite 570, Addison, TX 75001; loans@staradvantagefunding.com; [PHONE].