Terms of use
1. Agreement to these terms
These Terms of Use (the "Terms") are a binding agreement between you and Janover Capital LLC, together with its affiliates, members, managers, officers, employees and agents (collectively, "Janover Capital," "we," "us"), governing your access to and use of motel.loans (Motel Loans) and the content, tools, data, forms and services on it (the "Site"). By using the Site you accept these Terms and our Privacy policy, which is part of these Terms. If you don't agree, don't use the Site. If you use the Site for an entity, you represent that you can bind it, and "you" includes that entity.
2. Who we are, and what we are not
Janover Capital LLC is a commercial mortgage capital markets advisory firm. We act as an intermediary and broker that arranges commercial-purpose financing for commercial and multifamily real estate, including hotels and motels. We are not a bank, direct lender, deposit-taking institution, mortgage servicer or fiduciary. We don't make credit decisions, fund loans, or guarantee that any financing will be available, offered or closed on any terms. We do not arrange consumer mortgages or loans secured by single 1-4 unit residential properties or owner-occupied homes; residential portfolios of five or more units are treated as commercial. Any engagement of Janover Capital for advisory or brokerage services happens only under a separate written agreement; no such relationship is created by your use of the Site or by our review of what you send us.
Janover Capital and this Site are not affiliated with, endorsed by or acting for the U.S. Small Business Administration (SBA) or any government agency, and are not affiliated with any hotel brand or franchisor. SBA does not require you to use an agent to get an SBA loan; if a lender pays Janover Capital on an SBA loan, the fee is disclosed on SBA Form 159. Janover Capital LLC separately holds insurance licenses in Florida (license #L136031) and Texas (license #3490226); insurance products are not offered through the Site and are provided only through janoverinsurance.com.
3. No offer, no commitment, no advice
Everything on the Site is general information. Nothing on it is, or may be relied on as: (a) an offer to lend, or an offer, solicitation or commitment to arrange financing; (b) a loan approval, prequalification, rate quote or lock; (c) legal, tax, accounting, investment, financial or other professional advice; (d) a determination that you or your property are eligible for an SBA or any other loan program; or (e) a recommendation about any franchise, transaction or strategy. Any rates, terms and figures shown are indicative, dated and subject to change, market conditions, underwriting, third-party reports and lender approval. Consult your own legal, tax and financial advisers before you buy, build, franchise or borrow. You alone are responsible for evaluating the merits and risks of any transaction.
4. Eligibility and permitted use
The Site is for people at least 18 years old, in the United States, researching or seeking commercial-purpose financing for hotels and motels. Use it only for lawful purposes and in line with these Terms.
5. Calculators, tools and data
The Site offers a hotel loan calculator that estimates net operating income, debt service coverage, the largest loan a property's income supports and breakeven occupancy from the numbers you enter. Its program presets use SBA figures from SOP 50 10 8.1 and SBA notices with the dates shown on the page, and the Federal Reserve's H.15 prime rate. Its results are simplified, hypothetical estimates; they are not underwriting, a sizing commitment, a rate quote or an indication of terms actually available to you. The example property is invented.
The franchise cost table and brand pages quote fees and investment ranges from each franchisor's Franchise Disclosure Document as filed with state regulators (or, where noted, as posted by the franchisor), with the issuance date and a link to the document. They may be out of date, may contain the franchisor's own errors, and don't replace the FDD itself or a signed franchise agreement, which controls. Market data such as the prime rate and 504 debenture rates may be delayed or incomplete and is provided "as is."
We may change, suspend or remove any tool or dataset at any time.
6. Data
Government source data (SBA documents, Federal Reserve H.15) is public. Franchise disclosure documents belong to their franchisors; we quote figures from them for comparison and link the source. You may quote our compiled tables with a link back to the page; please ask before republishing them in bulk.
7. Educational content
Guides and other educational material on the Site are general, may not reflect the latest law, rulings or rates, and may not apply to your situation. SBA rules, fees and rates, and franchise terms change. Nothing in that content creates an advisory or client relationship.
8. Information you submit
When you send information through the Site, you represent that it's accurate and complete in all material respects, that you have the right to provide it, and that providing it doesn't violate any law or agreement. You allow us to use and share it as described in our Privacy policy, including with prospective lenders and transaction parties when you ask us to arrange financing. Until you and Janover Capital sign a written engagement agreement with confidentiality terms, what you submit isn't subject to any duty of confidentiality beyond our Privacy policy.
9. Consent to be contacted
By submitting your contact information through the Site, you expressly consent to receive calls, text messages and emails from or on behalf of Janover Capital at the numbers and addresses you provide, including calls and texts placed with automated technology or prerecorded messages, about your request and our services. Consent is not a condition of any service. Message and data rates may apply, and message frequency varies. You can opt out at any time by replying STOP to a text, using the unsubscribe link in an email, or contacting us at (561) 559-4111 or hello@motel.loans. If you give a phone number that isn't yours, you represent that you have the owner's permission.
10. Electronic communications
You consent to receive communications from us electronically, and agree that agreements, notices, disclosures and other communications we provide electronically satisfy any requirement that they be in writing.
11. Intellectual property
The Site and its content, including text, design, graphics, code and data compilations (other than public source data and third-party documents), belong to Janover Capital LLC or its licensors and are protected by copyright, trademark and other laws. "Janover" and "Janover Capital" may not be used without our written consent. We grant you a limited, revocable, non-exclusive, non-transferable license to view the Site for your personal or internal business use. You may link to any page and quote short passages with a link back. Hotel brand and franchisor names are used only to identify them and their filed documents; no logos are used, and their use doesn't imply any endorsement or relationship.
12. Prohibited conduct
You agree not to: (a) scrape, harvest or systematically extract content from the Site except as allowed by our robots.txt; (b) interfere with or disrupt the Site or its infrastructure; (c) try to gain unauthorized access to any system or data; (d) submit false, misleading or fraudulent information; (e) use the Site to violate any law or anyone's rights; (f) frame or mirror the Site in a misleading way; or (g) reverse engineer any software that makes up the Site.
13. Third-party websites
The Site links to SBA, Federal Reserve, state regulator and franchisor pages and other sites we don't control. Those sites have their own terms and privacy policies. A link isn't an endorsement, and we aren't responsible for third-party content, products or services.
14. Disclaimer of warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND ALL CONTENT, DATA, TOOLS AND SERVICES ON IT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, TIMELINESS, AVAILABILITY, OR UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT ANY FINANCING WILL BE AVAILABLE OR ARRANGED, OR THAT YOU OR ANY PROPERTY WILL QUALIFY FOR ANY LOAN PROGRAM.
15. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW: (A) JANOVER CAPITAL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST OPPORTUNITIES, LOST DATA OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY; AND (B) OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100). SOME JURISDICTIONS DON'T ALLOW CERTAIN LIMITATIONS, SO SOME OF THESE MAY NOT APPLY TO YOU; IN THAT CASE OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT THE LAW ALLOWS. THIS SECTION DOESN'T LIMIT LIABILITY THAT CANNOT BE LIMITED BY LAW.
16. Indemnification
You agree to defend, indemnify and hold harmless Janover Capital LLC and its affiliates, and their members, managers, officers, employees and agents, from any claims, liabilities, damages, judgments, awards, losses, costs and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Site; (b) your violation of these Terms or any law; (c) information you submit, including its inaccuracy; or (d) your violation of anyone's rights.
17. Dispute resolution: arbitration, class waiver, jury waiver
Please read this section carefully. It affects your legal rights.
Any dispute, claim or controversy arising out of or relating to the Site or these Terms that can't be resolved informally will be resolved by binding arbitration administered by the American Arbitration Association under its applicable rules, before a single arbitrator, seated in Palm Beach County, Florida. Judgment on the award may be entered in any court with jurisdiction. Either party may instead bring an individual claim in small claims court, and either party may seek injunctive or equitable relief in court for infringement or misuse of intellectual property or unauthorized access to the Site.
Class action waiver. All disputes must be brought in the parties' individual capacities, not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. The arbitrator may not consolidate claims or preside over any representative proceeding.
Jury trial waiver. If any dispute proceeds in court rather than arbitration, each party knowingly, voluntarily and irrevocably waives its right to a jury trial.
Time limit. To the fullest extent the law allows, any claim arising out of or relating to the Site or these Terms must be started within one (1) year after it accrues, or it is permanently barred.
18. Governing law and venue
These Terms and any dispute about them or the Site are governed by the laws of the State of Florida and applicable federal law (including the Federal Arbitration Act for section 17), without regard to conflict-of-law rules. Subject to section 17, the exclusive venue for any court proceeding is the state or federal courts in Palm Beach County, Florida, and you consent to personal jurisdiction there.
19. Changes; termination
We may change these Terms by posting a revised version with a new effective date; your continued use of the Site after posting means you accept it. We may suspend or end access to the Site or any feature at any time without notice or liability.
20. General
These Terms and the Privacy policy are the entire agreement between you and Janover Capital about the Site. If any provision is unenforceable, it will be modified to the minimum extent necessary and the rest stays in force. Not enforcing a provision isn't a waiver. You may not assign these Terms; we may assign them without restriction. Headings are for convenience only. Sections that by their nature should survive termination (including sections 3, 5, 8, 11 and 14 through 18) survive.
21. Contact
Janover Capital LLC, 6401 Congress Ave., Ste. 250, Boca Raton, FL 33487. hello@motel.loans, (561) 559-4111.