Terms of Service - Mako Loans

Terms of Service — Mako International, LLC ("Mako Loans")

These Terms of Service (“Terms”) govern your access to and use of the Site and any online forms, content, communications, and features we make available (collectively, the “Services”). By using the Services, you agree to these Terms. If you do not agree, do not use the Services.

Who We Are & What We Do

Mako Loans provides information about commercial and residential lending programs and enables prospective borrowers to submit inquiry forms. Nothing on the Site is a commitment to lend. Any financing is subject to separate written agreements, underwriting, due diligence, and final approvals.

Eligibility & Geographic Scope

The Services are intended for individuals 18 years of age or older located in the United States. We primarily serve customers in New York and Massachusetts.

Your Use of the Services

We may suspend or terminate access to the Services for any violation of these Terms.

Submissions & Communications Consent

By submitting forms or otherwise contacting us through the Services, you authorize us to contact you at the email address and/or telephone number(s) you provide, including by email, telephone calls, and text messages (SMS/MMS) using automated technology, for servicing and informational purposes related to your inquiry. Consent is not a condition of credit or any purchase. You can opt out of marketing emails via the unsubscribe link and of text messaging per the Mobile Messaging Terms below.

Mobile Messaging (SMS/MMS) Terms

Program Name: Mako Loans Alerts (the “Program”).
Program Description: Upon opting in, you may receive SMS/MMS messages related to your loan inquiry (e.g., application updates, reminders) and occasional promotional messages if you consent. Message frequency varies.

Opt-Out Instructions (bolded as required):
Text “STOP” to the sending number (short code or 10DLC) to cancel at any time. After you send STOP, we will confirm your unsubscribe status by SMS. You will no longer receive SMS messages from us unless you opt in again.

Rejoining Instructions: To rejoin, sign up again through the Site or other opt‑in method and we will resume sending messages to you.

Help Instructions: Reply HELP for assistance or email tdavis@makoloans.com.

Message & Data Rates: May apply for messages sent to you and from you. For questions about your text or data plan, contact your wireless provider.

Carrier Liability: Carriers are not liable for delayed or undelivered messages.

Privacy: See our Privacy Policy at https://www.makoloans.com/privacy-policy.
Industry Standards: We operate our Program in accordance with applicable industry standards (including the CTIA Short Code Monitoring Handbook) and applicable law. We may suspend or terminate messaging for suspected abuse or non‑compliance.

Mobile Information Safeguard:

Intellectual Property

The Services, including text, graphics, logos, and other content, are owned by or licensed to Mako Loans and are protected by law. You are granted a limited, non‑exclusive, non‑transferable license to access and use the Services for your personal, non‑commercial use. No other rights are granted.

Third‑Party Links & Tools

The Services may link to third‑party sites or tools for convenience. We do not control and are not responsible for such sites or tools. Your use is at your own risk and may be subject to their terms.

No Financial, Legal, or Tax Advice

Content provided through the Services is for informational purposes only and does not constitute financial, legal, or tax advice. You should obtain advice from qualified professionals tailored to your situation.

E‑Sign Disclosure

By using the Services, you consent to receive disclosures and communications electronically. You may withdraw consent by contacting us at tdavis@makoloans.com; doing so may limit our ability to provide certain Services.

Disclaimers; Limitation of Liability

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” To the fullest extent permitted by law, we disclaim all warranties, express or implied. To the fullest extent permitted by law, Mako Loans will not be liable for any indirect, incidental, consequential, special, or punitive damages, or loss of profits, data, or goodwill, arising from or related to your use of the Services. In all cases, our aggregate liability will not exceed $100 or the amount you paid to us, if any, in the 12 months preceding the claim, whichever is greater. Some jurisdictions do not allow certain limitations; some limitations may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless Mako Loans and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising from your use of the Services or your violation of these Terms.

Changes to the Services and Terms

We may modify or discontinue all or part of the Services at any time. We may update these Terms from time to time; the updated version will be effective when posted with the updated Effective Date. Your continued use of the Services after changes are posted constitutes acceptance.

Governing Law; Dispute Resolution

Governing Law: These Terms are governed by the laws of the State of New York, without regard to its conflict of laws rules.
Venue: The state and federal courts located in Albany County, New York shall have exclusive jurisdiction, except as provided below.

Informal Resolution: Before filing any claim, you agree to first contact us at tdavis@makoloans.com to attempt to resolve the dispute informally.

Arbitration & Class Action Waiver (Optional): Any dispute arising out of or relating to these Terms or the Services that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. You and Mako Loans waive the right to a jury trial and to participate in a class action. Either party may bring an individual action in small claims court in Albany County, NY. This section does not apply to claims for injunctive or equitable relief regarding intellectual property or unauthorized access to the Services.

Miscellaneous

Severability. If any provision is held invalid, the remaining provisions remain in effect.
No Waiver. Our failure to enforce any provision is not a waiver.
Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms as part of a corporate transaction or otherwise.
Entire Agreement. These Terms constitute the entire agreement between you and us regarding the Services and supersede prior understandings.

Contact

Mako International, LLC
12 Elmwood Rd, Albany, NY
Email: tdavis@makoloans.com