Dictionary.
We reference this dictionary to consistently define the capitalized terms we use in our profiles and documents.
Instructions.
DICTIONARY.
We reference a dictionary that consistently defines the capitalized terms we use in our profiles and documents. Capitalized terms are defined using our Beplace Dictionary.
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INTERPRETATION.
We reference rules that consistently interpret the words we use in our documents. Beplace Agreements are interpreted using our Beplace Interpretation Rules.
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IMPORTANT NOTICE.
Beplace provides you with Beplace Resources when you participate in the Beplace Solution through the Beplace Sites, Beplace Apps, Beplace Premises, Beplace Software, or Beplace Hardware.
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We have terms and conditions. PLEASE READ THESE TERMS CAREFULLY.
CAPITALIZED TERMS AND DEFINITIONS.
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AAA.
“AAA” means the American Arbitration Association.
Agent.
“Agent” means the Person to whom each Party may absolutely, without the consent or approval of the other Parties, delegate or sub-delegate any or all of its powers, obligations or duties.
Analytics Cookies.
“Analytics Cookies” are cookies that are used to analyze Beplace Sites, and that help Beplace understand how Beplace
Users interact with the Beplace Sites and if there are errors that need to be fixed.
Annual Percentage Rate.
See APR.
Apartment.
"Apartment" means a Dwelling Unit that is not individually owned but can be individually rented. An apartment is not individually owned because it is considered a part of a multifamily property, and a deed grants title to the property.
Apartments.
See Apartment.
APR.
“APR” means the measure of the cost of a Loan, which includes interest and all other loan fees, expressed as an annual rate.
Arbitrator.
"Arbitrator" means an independent and neutral third party AAA arbitrator with no less than 10 years of experience and expertise in the area that is in dispute.
Beplace.
"Beplace" means Beplace.co LLC and/or Beplace Affiliates.
Beplace Acceptable Use Policy.
“Beplace Acceptable Use Policy” means the Beplace Policy that specifies the ways in which a Beplace User may interact with Beplace Resources, Beplace Solutions, Beplace Sites, Beplace Apps, Beplace Premises, Beplace Software, and Beplace Hardware.
Beplace Add-On Terms.
"Beplace Add-On Terms" mean, collectively, (in alphabetical order) the Beplace Privacy Terms, the Beplace Launch Terms, the Beplace Compliance Terms, the Beplace Document Terms, and the Beplace Marketing Terms.
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Beplace Add-Ons.
"Beplace Add-Ons" mean the additional features, services, tools, capabilities, or functionalities that are designed to enhance Beplace Features and Beplace Services.
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Beplace Affiliate.
"Beplace Affiliate" means a person or entity that is affiliated, leased (or subleased), licensed (or sublicensed), managed, owned, or represented by Beplace.
Beplace Agent.
“Beplace Agent” means the person to whom Beplace may absolutely, without the consent or approval of the other Parties, delegate or sub-delegate any or all of its powers, obligations or duties.
Beplace Agreement.
"Beplace Agreement" means any of (in alphabetical order) the Beplace Contracts, the Beplace Policies, or the Beplace Terms.
Beplace Agreements.
"Beplace Agreements" mean, collectively, (in alphabetical order) the Beplace Contracts, the Beplace Policies, and the Beplace Terms.
Beplace App.
See Beplace Apps.
Beplace Apps.
"Beplace Apps" mean the mobile applications that allow access to certain, some, or all Beplace Resources through a mobile device.
Beplace Beta Resources.
“Beplace Beta Resources” mean the Beplace Resources that may be limited in capability or functionality, may contain bugs or unknown issues, or are still in testing phase and not yet available in a stable release or final version as intended by Beplace.
Beplace Billing Account.
“Beplace Billing Account” means the secure online service provided or used by Beplace where certain billing transactions may be performed and online bills may be accessed.
Beplace Business Profile.
"Beplace Business Profile" means the web page that is customized for a Beplace User using a template that Beplace creates, designs, or develops to help market a Business.
Beplace CapEx Profile.
"Beplace CapEx Profile" means the web page that is customized for a Beplace User using a template that Beplace creates, designs, or develops to help market CapEx.
Beplace Compliance.
See Beplace Compliance Add-Ons.
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Beplace Compliance Add-Ons.
“Beplace Compliance Add-Ons” mean the Beplace Add-Ons that Beplace provides to help Beplace Users ensure they and their Business conform to agreements, standards, and the law, and that are made available and included as Compliance Add-Ons on the Beplace Site at https://beplace.co/add-ons.
Beplace Compliance Addendum.
“Beplace Compliance Addendum” means the additional terms and conditions that are attached as an addendum to a Beplace Contract to describe the specific relationship between Beplace and a Beplace User with respect to Beplace Compliance Add-Ons.
Beplace Compliance Guarantee.
“Beplace Compliance Guarantee” means the written guarantee that provides Beplace Users with additional rights with respect to Beplace Compliance Add-Ons such that if a Beplace User adds any Beplace Compliance Add-Ons and then closes a transaction, then Beplace will finish those Beplace Compliance Add-Ons that pertain to any post-closing tasks before the next payment due date on the subject loan.
Beplace Compliance Terms.
"Beplace Compliance Terms" mean the terms and conditions (as they are changed from time to time) that describe the relationship between Beplace and a Beplace User with respect to Beplace Compliance Add-Ons.
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Beplace Content.
“Beplace Content” means Content that Beplace creates, designs, develops, distributes, makes available, posts, submits, transmits, or uploads to Beplace Users.
Beplace Contract.
"Beplace Contract" means the contract that has been customized to describe the specific relationship between Beplace and a Beplace User with respect to the Beplace Solution.
Beplace Contracts.
"Beplace Contracts" mean, collectively, the contracts that have been customized to describe the specific relationship between Beplace and a Beplace User with respect to the Beplace Solution.
Beplace Cookie Policy.
“Beplace Cookie Policy” means the Beplace Policy that specifies what and how cookies are used on Beplace Sites.
Beplace Copyright Policy.
“Beplace Copyright Policy” means the Beplace Policy that specifies the ways in which a Beplace User may use Beplace Copyrights.
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Beplace Copyrights.
“Beplace Copyrights” means the Beplace Marks that protect our original written work.
Beplace Dictionary.
“Beplace Dictionary” means the dictionary that consistently defines the capitalized terms Beplace uses in Beplace Profiles and Beplace Documents.
Beplace Disclaimers.
“Beplace Disclaimers” mean the statements that specify what Beplace is not responsible for.
Beplace Dispute Resolution Policy.
“Beplace Dispute Resolution Policy” means the Beplace Policy that specifies how disputes between Beplace and Beplace Users are resolved.
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Beplace Document.
"Beplace Document" means any of (in alphabetical order) the Business Documents, the CapEx Documents, the Loan Documents, the Personal Documents, the Property Documents, and any of the documents included in the Beplace Document Add-Ons.
Beplace Document Add-Ons.
"Beplace Document Add-Ons" mean the Beplace Add-Ons that Beplace provides to help Beplace Users use and/or edit industry-standard and custom document templates, and that are made available and included as Document Add-Ons on the Beplace Site at https://beplace.co/add-ons.
Beplace Document Addendum.
"Beplace Document Addendum” means the additional terms and conditions that are attached as an addendum to a Beplace Contract to describe the specific relationship between Beplace and a Beplace User with respect to Beplace Document Add-Ons.
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Beplace Document Guarantee.
“Beplace Document Guarantee” means the written guarantee that provides Beplace Users with additional rights with respect to Beplace Document Add-Ons such that if a Beplace User closes a transaction, then Beplace will maintain the Beplace User's access to versions of edited drafts, signed documents, and executed sets.
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Beplace Document Terms.
"Beplace Document Terms" mean the terms and conditions (as they are changed from time to time) that describe the relationship between Beplace and a Beplace User with respect to Beplace Document Add-Ons.
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Beplace Documents.
"Beplace Documents" mean, collectively, (in alphabetical order) the Business Documents, the CapEx Documents, the Loan Documents, the Personal Documents, the Property Documents, and the documents included in the Beplace Document Add-Ons.
Beplace Equal Rights Policy.
“Beplace Equal Rights Policy” means the Beplace Policy that specifies how Beplace prevents discrimination and advances equal opportunity.
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Beplace Features.
"Beplace Features" mean (in alphabetical order) the attributes, characteristics, facts, or specifications that describe the capabilities or functionalities of the Beplace Solution.
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Beplace Footer.
“Beplace Footer” means the block or blocks of linked icons (and text, if any) at the bottom of every page of a Beplace Site (or in the hamburger menu of the mobile version of a Beplace Site).
Beplace Guarantee.
“Beplace Guarantee” means any of the written guarantees that provide Beplace Users with additional rights when participating in the Beplace Solution.
Beplace Guarantees.
“Beplace Guarantees” mean all of the written guarantees that provide Beplace Users with additional rights when participating in a Beplace Solution.
Beplace Guides.
“Beplace Guides” mean the technical diagrams, information, literature, recommendations, specifications, and the like relating to Beplace Resources.
Beplace Interpretation Rules.
“Beplace Interpretation Rules” means the rules that consistently interpret the words Beplace uses in Beplace Documents.
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Beplace Launch.
See Beplace Launch Add-Ons.
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Beplace Launch Add-Ons.
“Beplace Launch Add-Ons” mean the Beplace Add-Ons that Beplace provides to help Beplace Users launch their Business, and that are made available and included as Launch Add-Ons on the Beplace Site at https://beplace.co/add-ons.
Beplace Launch Addendum.
“Beplace Launch Addendum” means the additional terms and conditions that are attached as an addendum to a Beplace Contract to describe the specific relationship between Beplace and a Beplace User with respect to Beplace Launch Add-Ons.
Beplace Launch Guarantee.
“Beplace Launch Guarantee” means the written guarantee that provides Beplace Users with additional rights with respect to Beplace Launch Add-Ons such that if a Beplace User adds the Name Check Add-On and/or the Federal EIN Add-on with the Entity Formation Add-On, then Beplace will complete the Add-Ons on the same timeline as the Beplace User selects for the Entity Formation Add-On.
Beplace Launch Terms.
"Beplace Launch Terms" mean the terms and conditions (as they are changed from time to time) that describe the relationship between Beplace and a Beplace User with respect to Beplace Launch Add-Ons.
Beplace Loan Profile.
"Beplace Loan Profile" means the web page that is customized for a Beplace User using a template that Beplace creates, designs, or develops to help market a Loan.
Beplace Marketing.
See Beplace Marketing Add-Ons.
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Beplace Marketing Add-Ons.
“Beplace Marketing Add-Ons” mean the Beplace Add-Ons that Beplace provides to help Beplace Users showcase their Business or transaction, and that are made available and included as Marketing Add-Ons on the Beplace Site at https://beplace.co/add-ons.
Beplace Marketing Addendum.
“Beplace Marketing Addendum” means the additional terms and conditions that are attached as an addendum to a Beplace Contract to describe the specific relationship between Beplace and a Beplace User with respect to Beplace Marketing Add-Ons.
Beplace Marketing Guarantee.
“Beplace Marketing Guarantee” means the written guarantee that provides Beplace Users with additional rights with respect to Beplace Marketing Add-Ons such that if a Beplace User adds the Phone Controls Add-On and/or the Phone Script Add-on and/or the Phone Voiceover Add-on and then decides to move to another provider, then Beplace will create a diagram of phone controls and/or create a transcript of phone scripts and/or create a recording of phone voiceovers, respectively, anywhere else at no added cost owed by the Beplace User to Beplace.
Beplace Marketing Terms.
"Beplace Marketing Terms" mean the terms and conditions (as they are changed from time to time) that describe the relationship between Beplace and a Beplace User with respect to Beplace Marketing Add-Ons.
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Beplace Marks.
“Beplace Marks” mean all trademarks, service marks, trade names, logos, other commercial and product designations, and other intellectual property controlled, leased (or subleased), licensed (or sublicensed), managed, or owned by Beplace.
Beplace Policies.
"Beplace Policies" mean, collectively, (in alphabetical order) the Beplace Acceptable Use Policy, the Beplace Cookie Policy, the Beplace Copyright Policy, the Beplace Dispute Resolution Policy, the Beplace Equal Rights Policy, the Beplace Privacy Policy, the Beplace Refund Policy, and the Beplace User Eligibility Policy.
Beplace Policy.
"Beplace Policy" mean any of (in alphabetical order) the Beplace Acceptable Use Policy, the Beplace Cookie Policy, the Beplace Copyright Policy, the Beplace Dispute Resolution Policy, the Beplace Equal Rights Policy, the Beplace Privacy Policy, the Beplace Refund Policy, and the Beplace User Eligibility Policy.
Beplace Premise.
See Beplace Premises.
Beplace Premises.
"Beplace Premises" means the physical sites of Beplace.
Beplace Privacy.
See Beplace Privacy Add-Ons.
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Beplace Privacy Add-Ons.
“Beplace Privacy Add-Ons” mean the Beplace Add-Ons that Beplace provides to help Beplace Users protect their privacy and personal information from public disclosure, and that are made available and included as Privacy Add-Ons on the Beplace Site at https://beplace.co/add-ons.
Beplace Privacy Addendum.
“Beplace Privacy Addendum” means the additional terms and conditions that are attached as an addendum to a Beplace Contract to describe the specific relationship between Beplace and a Beplace User with respect to Beplace Privacy Add-Ons.
Beplace Privacy Guarantee.
“Beplace Privacy Guarantee” means the written guarantee that provides Beplace Users with additional rights with respect to Beplace Privacy Add-Ons such that if a Beplace User adds the Phone Number Add-On and/or the Registered Agent Add-on and then closes a transaction, then Beplace will transfer the phone number and/or change the registered agent, respectively, anywhere else at no added cost owed by the Beplace User to Beplace.
Beplace Privacy Terms.
"Beplace Privacy Terms" mean the terms and conditions (as they are changed from time to time) that describe the relationship between Beplace and a Beplace User with respect to Beplace Privacy Add-Ons.
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Beplace Privacy Policy.
“Beplace Privacy Policy” means the Beplace Policy that specifies how Beplace uses Personal Information.
Beplace Profile.
"Beplace Profile" means any of (in alphabetical order) the Business Profiles, the CapEx Profiles, the Loan Profiles, and the Property Profiles.
Beplace Profiles.
"Beplace Profile" means, collectively, (in alphabetical order) the Business Profiles, the CapEx Profiles, the Loan Profiles, and the Property Profiles.
Beplace Property Profile.
"Beplace Property Profile" means the web page that is customized for a Beplace User using a template that Beplace creates, designs, or develops to help market a Property.
Beplace Refund Policy.
“Beplace Refund Policy” means the Beplace Policy that specifies how a Beplace User may cancel an order and receive a refund.
Beplace Resources.
"Beplace Resources” mean, collectively, (in alphabetical order) the Beplace Add-Ons, Beplace Features, Beplace Services, Data, Content, features, Information, products, and services available to Beplace Users in the Beplace Solution.
Beplace Service Guarantee.
“Beplace Service Guarantee” means the written guarantee that provides Beplace Users with additional rights when participating in Beplace Services such that Beplace Users are able to receive a credit for half of their initial fee for Beplace Services if they decide to finance and refinance the same loan in the same calendar year.
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Beplace Service Terms.
"Beplace Service Terms" mean the terms and conditions (as they are changed from time to time) that describe the relationship between Beplace and a Beplace User with respect to Beplace Services.
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Beplace Services.
"Beplace Services" mean (in alphabetical order) the actions, labor, or tasks provided in the Beplace Solution, and that are made available and included as services on the Beplace Site at https://beplace.co/services.
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Beplace Site.
See Beplace Sites.
Beplace Sites.
"Beplace Sites" mean the digital sites of Beplace, including beplace.co.
Beplace Solution.
“Beplace Solution” means, collectively, the Beplace Resources that Beplace provides to help Beplace Users finance their Business.​
Beplace Support.
“Beplace Support” means the assistance, service, or support Beplace offers Beplace Users.
Beplace Terms.
"Beplace Terms" mean, collectively, (in alphabetical order) the Beplace Add-On Terms, the Beplace Service Terms, and the Beplace User Terms.
Beplace User.
"Beplace User" means any individual who visits, browses, uses, or accesses any Beplace Site, Beplace App, Beplace Premise, Beplace Software, or Beplace Hardware.
Beplace User Eligibility Policy.
“Beplace User Eligibility Policy” means the Beplace Policy that indicates if an Individual is eligible to become a Beplace User.
Beplace User Terms.
"Beplace User Terms" mean the terms and conditions (as they are changed from time to time) that describe the relationship between Beplace and a Beplace User.
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Borrower.
“Borrower” is a Person to whom a Loan is extended.
Breach.
“Breach” means any breach that may not be identified as a Material Breach.
Building.
“Building” means any permanent structure that has a roof and walls, and that is designed or intended for business, enclosure, housing, protection, shelter, or support of persons or property.
Buildings.
See Building.
Business.
“Business” means a Person performing an activity or trade with the intent of making a profit.
Business Documents.
“Business Documents” mean all of the document templates that Beplace creates, designs, or develops for a Business.
Business Information.
“Business Information” means any information that identifies a Business.
Business Owner.
“Business Owner” means any Person holding legal title to both intangible and tangible property of a Business.
Business Owners.
“Business Owners” means, collectively, the Persons holding legal title to both intangible and tangible property of a Business.
Businesses.
See Business.
CapEx.
See Capital Expenditures.
CapEx Documents.
“CapEx Documents” mean all of the document templates that Beplace creates, designs, or develops for CapEx.
CapEx Information.
“CapEx Information” means any information that identifies a Capital Project.
Capital Expenditures.
“Capital Expenditures” are funds used to acquire, improve, maintain, or upgrade capital assets.
Capitalized Terms.
"Capitalized Terms" are words that have specific meanings in contracts that differ from their normal meaning.
Charges.
“Charges” mean compensation or costs for products or reimbursements, and which may not be prorated.
Commercial Arbitration Rules.
"Commercial Arbitration Rules" mean the Commercial Arbitration Rules of the AAA.
Commercial Mediation Rules.
"Commercial Mediation Rules" mean the Commercial Mediation Rules of the AAA.
Commercial Multifamily.
“Commercial Multifamily” means a Multifamily that has five (5+) or more Dwelling Units.
Concessions.
“Concessions” mean, collectively, (in alphabetical order) discounts, incentives, promotional offers, rebates, or any related or similar offer.
Condo.
See Condominium.
Condominium.
"Condominium" means a Dwelling Unit that is individually owned and can be individually rented. A condominium is individually owned because it is individually titled, and so a deed grants title to each individual condominium.
Condominiums.
See Condominium.
Confidential Information.
“Confidential Information” means all information belonging to each or all of the Parties which is of value to any Party and the disclosure of which could result in a competitive or other disadvantage to either Party, including financial information, business practices and policies, know-how, trade secrets, market or sales information or plans, customer lists, business plans, and all provisions of a Beplace Contract. Confidential Information does not include: (1) information that was known to the receiving Party before receipt thereof from or on behalf of the disclosing Party; (2) information that is disclosed to the receiving Party by a third person who has a right to make such disclosure without any obligation of confidentiality to the Party seeking to enforce its rights under this provision; (3) information that is or becomes generally known in the trade without violation of a Beplace Agreement by the receiving Party; or (4) information that is independently and lawfully developed by the receiving Party or its employees or affiliates without reference to the disclosing Party’s information.
Content.
“Content” means Information that is presented in a specific format to an audience. Content may be presented as audio, audiovisual, cartographics, graphics, images, music, narrative, photographs, sounds, text, vectors, videos, and all other forms of media and communication. For example, Content might be consumed by an audience through advertisements, articles, artwork, blog posts, books, descriptions, eBooks, emails, infographics, podcasts, and webpages.
Cookies.
“Cookies” mean the pieces of data in a small text file placed on your device when you visit or use certain areas, features, or functionalities of a website.
Copyright.
"Copyright" means the legal right that allows a creator to protect their original written work, and to decide if and how that original written work may be used by other persons (subject to specific exceptions and limitations).
Cure Period.
“Cure Period” means the period, following notification by a Party to another Party that a breach has occurred, during which the breaching Party must cure the breach. The Cure Period includes the Initial Cure Period.
Data.
“Data” means a collection of individual facts that is presented in a raw and unorganized form, and without context. Data may be presented as figures, graphs, images, numbers, observations, statistics, symbols, and text. For example, Data might represent individual addresses, ages, dates, distances, measurements, names, prices, temperatures, volumes, and weights.
Default Interest Rate.
“Default Interest” means interest rate calculated at the lesser rate of 18% per annum or the highest rate allowed by law for any amounts unpaid.
Dispute.
"Dispute" means any claim, complaint, controversy, disagreement, dispute, or issue solely between or among any of the Parties arising out of, relating to or in connection with a Beplace Agreement.
Dwelling Unit.
“Dwelling Unit” means a standalone structure (or part of a structure) that is designed or intended for housing or shelter of persons.
Dwelling Units.
See Dwelling Unit.
Eastern Standard Time.
"Eastern Standard Time" means the time on the eastern coast of the United States (i.e., the UTC-5 time zone); and which, for certainty, includes any adjustment for Daylight Savings Time.
End User.
“End User” means the Person that receives Beplace Resources directly from the Beplace User and ultimately uses (or intends to use) the Beplace Resources. A Beplace User is the End User unless the Beplace User is a broker or Agent of the End User.
End User Agent.
“End User Agent” means the Person to whom an End User may absolutely, without the consent or approval of the other Parties, delegate or sub-delegate any or all of its powers, obligations or duties.
Essential Cookies.
“Essential Cookies” are cookies that are necessary for Beplace Sites to function, and that help keep Beplace Users secure and help Beplace process payments, verification, and related activities.
EST.
"EST" means Eastern Standard Time.
Fees.
“Fees” mean compensation or costs for services or for conditions not met, and which may be prorated.
Force Majeure.
"Force Majeure" means any one, some, or all of the following causes that may be identified as an event of force majeure: act of nature or natural catastrophe; fire, earthquake, storms, floods; accident or explosion; invasion, battle, war, sabotage, violent act or terrorist act; civil unrest, civil commotion, mob violence, insurrection or riot; breakdown of communication facilities, web host, or internet service provider; inability to procure or maintain labor, insurance, equipment, facilities, raw materials, materials, supplies, or energy in the open market; general shortage of labor, labor strikes, lockouts, action of labor unions, slow-downs, or protests; interruption of service; partial, hindered, lack or denial of access; governmental act, inaction or omission; changes in laws or regulations; requisition, eminent domain, local, state or national emergency, quarantine, or executive orders; closure of court systems or government offices; moratorium prohibiting evictions, a prohibition of eviction, or an inability to evict; illness, disease, endemic, epidemic, or pandemic; damage, unusability or untenantability; minor or major casualty, or condemnation; infrastructure failures, utility and service interruptions, interruption or suspension of basic services or necessities, or failure of transportation; frustration of purpose, impossibility of performance, commercial impracticability or unjust enrichment; hindrance of commerciality or commerciability; improper termination; defamation, harassment or harassment of litigation; wrongful or improper or constructive eviction; Material Breach of, or materially less than full performance upon, any representation, warranty, or covenant; interference of business, dispute between the Parties, financial distress or the inability of a Party to make a profit or avoid a financial loss; changes in market prices or conditions; a Party's financial inability to perform its obligations.
Functional Cookies.
“Functional Cookies” are cookies that are used to enhance Beplace Sites, and that help personalize experiences by remembering the choices Beplace Users make.
GAAP.
"GAAP" means generally accepted accounting principles, applied on a consistent basis with prior periods, set forth in the opinions and pronouncements of the Accounting Principles Board of the American Institute of Certified Public Accountants and statements and pronouncements of the Financial Accounting Standards Board or in such other statements by such other entity or other practices and procedures as may be approved by a significant segment of the accounting profession, which are applicable to the circumstances, or purports to be, as of the date of the determination.
Google Workspace.
"Google Workspace" means the Core Services and Other Services provided as described at https://workspace.google.com/terms/user_features.html
Individuals.
“Individuals” mean natural persons.
Information.
"Information" means Data that is presented in a compiled and organized form, and then processed and interpreted with context. Information may be presented numerically (using numbers and mathematical operations) or textually (using words, sentences, and paragraphs) as expressions, explanations, hypotheses, ideas, opinions, statements, theories, and thoughts. For example, Information might identify changes or trends in Data that help analyze the regulatory environments that promote the launch or expansion of businesses, the market pricing that affects how many new loans are obtained or how many existing loans are refinanced, or the conditions that cause customer support issues.
Initial Cure Period.
“Initial Cure Period” means the seven (7)-day period, or unless otherwise stated, following notification by a Party to another Party that a breach has occurred, during which the breaching Party will cure the breach.
Initial Period.
“Initial Period” means the period starting from the initial commencement of your participation in any Beplace Solution.
Land.
See Real Property.
Landlord.
“Landlord” is a Person who manages a commercial Property.
Late Fees.
“Late Fees” means the late payment penalty assessed by a Party if payments are not paid promptly as and when due, and until the balance is paid in full.
Law.
"Law" means the code of law (including the statutory, case law, and common law) referred to as the "Law" in the recitals of a Beplace Agreement; provided, however, that if there is no referenced code of law or the code of law is ambiguous, then it will mean the code of law (including the statutory, case law, and common law) of the State of Delaware.
Legal Fees.
“Legal Fees” means the sum of all reasonable attorney fees, costs, and expenses including fees incurred in any post-award or post-judgment motions or proceedings, contempt proceedings, garnishment, levy, and debtor and third party examinations, discovery, and bankruptcy litigation.
Loan.
“Loan” means any funded or unfunded commitments of letters of credit, lines of credit, loans, or mortgages, and any interest to Persons for commercial purposes, but not for personal purposes.
Loan Documents.
“Loan Documents” mean all of the document templates that Beplace creates, designs, or develops for a Loan.
Loan Information.
“Loan Information” means any information that identifies a Loan.
Marketing Cookies.
“Marketing Cookies” are cookies that are used to deliver relevant advertisements on Beplace Sites, and that help measure the effectiveness of marketing campaigns to provide advertising that suits the interests of Beplace Users.
Material Breach.
“Material Breach” means any breach that may be identified as a material breach pursuant to the Beplace User Terms and any other Beplace Agreement.
Mediator.
"Mediator" means an independent and neutral third party AAA mediator with no less than 10 years of experience and expertise in the area that is in dispute.
MLS.
“MLS” means a Multiple Listing Service.
Multifamily.
"Multifamily" refers to a type of Property where multiple separate Dwelling Units are contained in one Building, or in several Buildings within one complex.
Multiple Listing Service.
“Multiple Listing Service” is a database between cooperating real estate brokers that provides data about real estate that is listed for sale.
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Non-Personally Identifiable Information.
“Non-Personally Identifiable Information” means any information that may be attributed to multiple Individuals in the aggregate but that does not identify a specific Individual, and which may include:
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IP addresses that have been fully or partially masked
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aggregated statistics from the user base for a product or service
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data that has been anonymized by encryption, removal of identifying information, or other technique
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session information, including page response times, length of visits to certain pages, page interaction information, and methods used to browse away from the page.
Non-Sensitive Personally Identifiable Information.
“Non-Sensitive Personally Identifiable Information” means Personally Identifiable Information that may be accessible from public sources, and which may include:
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mother’s maiden name;
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partial address (e.g., a country or zip code);
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age range (e.g. 30-39)
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date of birth
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gender
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employer;
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cookie IDs;
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device IDs
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IP addresses;
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comments;
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feedback;
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product reviews;
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recommendations
Notice of Non-Renewal.
“Notice of Non-Renewal” means the notice any Party may give the other Parties prior to the expiration of the then-current Initial Period (or Renewal Period, if applicable) that said Party does not intend to exercise the privilege of renewal.
Official Documents.
“Official Documents” mean official or legal correspondence, services of process, notices, legal documents, and other similar documents.
Owner.
“Owner” is a Person who owns a Business.
Parking Unit.
“Parking Unit” means an enclosed or unenclosed space that is designed or intended for the parking of a motor vehicle.
Parking Units.
See Parking Unit.
Party.
"Party" means any of Beplace or the Beplace User.
Parties.
"Parties" mean, collectively, Beplace and the Beplace User.
PDF.
“PDF” means Portable Document File, which is a file format created by Adobe and which allows documents and files to be distributed, exchanged, and presented electronically regardless of the hardware or software used.
Period.
"Period" means any of (in alphabetical order) the Initial Period and the Renewal Period.
Periods.
"Periods" mean, collectively, (in alphabetical order) the Initial Period and the Renewal Period.
Person.
“Person,” whether capitalized or not, means any individual, sole proprietorship, joint venture, partnership, corporation, limited liability company, company, firm, bank, association, cooperative, trust, estate, government, governmental agency, regulatory authority, or other entity of any nature.
Personal Documents.
“Personal Documents” mean all of the document templates that Beplace creates, designs, or develops for an Individual.
Personally Identifiable Information.
“Personal Identifiable Information” means, any information that, solely or in conjunction with other data, can identify an Individual and includes, collectively, Non-Sensitive Personally Identifiable Information and Sensitive Personally Identifiable Information.
Personal Information.
“Personal Information” means any information that identifies an Individual and includes, collectively, Non-Personally Identifiable Information and Personally Identifiable Information.
Personal Property.
"Personal Property" means everything not considered to be Real Property and that is not permanently attached to land. Examples of Personal Property are equipment, furniture, and vehicles.
Prime Rate.
“Prime Rate” means the annual prime interest rate (or annual base interest rate) reported in the "Money Rates" column or section of The Wall Street Journal as being the annual base interest rate on corporate loans at larger U.S. Money Center banks on the first date on which The Wall Street Journal is published in each month. In the event The Wall Street Journal ceases publication of the Prime Rate, then the "Prime Rate" means the annual prime interest rate (or base interest rate) announced by the bank with which Beplace has its principal banking relationship (whether or not such interest rate has actually been charged by that bank). In the event that bank discontinues the practice of announcing that interest rate, “Prime Rate” means the highest annual interest rate charged by that bank on short-term, unsecured loans to its most credit-worthy large corporate borrowers.
Prohibited Jurisdictions.
“Prohibited Jurisdictions” mean any country, jurisdiction, territory, or other area that, from time to time, is the subject of a prohibition order, sanctions or restrictions (or other similar action or directive).
Project Information.
See CapEx Information.
Project.
See CapEx.
Property.
"Property" means any collection of Land, Buildings, or Units. Property is something that can be owned. The two main types of property are Real Property and Personal Property.
Property Documents.
“Property Documents” mean all of the document templates that Beplace creates, designs, or develops for a Property.
Property Information.
“Property Information” means any information that identifies a Property.
Property Landlord.
“Property Landlord” means any Person who manages a commercial Property.
Property Landlords.
“Property Landlords” means, collectively, the Persons who manage a commercial Property.
Real Property.
"Real Property" means land and all of its natural and artificial improvements. Examples of natural improvements are minerals, trees, and water. Examples of artificial improvements are buildings and units. Real Property includes such things that are attached to the land and cannot be removed from the land without damaging the land.
Registered Addresses.
“Registered Addresses” mean, collectively, (in alphabetical order) the Registered Email Address, the Registered Mailing Address, and the Registered Phone Number.
Registered Email Address.
“Registered Email Address” means the email address that a Beplace User posts, registers, submits, or transmits to Beplace using the Beplace Billing Account.
Registered Mailing Address.
“Registered Mailing Address” means the mailing address that a Beplace User posts, registers, submits, or transmits to Beplace using the Beplace Billing Account.
Registered Phone Number.
“Registered Phone Address” means the telephone number that a Beplace User posts, registers, submits, or transmits to Beplace using the Beplace Billing Account.
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Registered Web Domain.
“Registered Web Domain” means a domain name registration, renewal or extension maintained through a Registrar or a Registry Operator.
Regular Documents.
“Regular Documents” mean any documents that are not Official Documents.
Regular Mail.
“Regular Mail” means that class of mail designated by the United States Postal Service as “first class” mail with postage prepaid.
Renewal Period.
“Renewal Period” means the period starting from the expiration of the Initial Period (or Renewal Period, if applicable) and
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if subject to annual billing, expiring upon the three hundred sixty five (365)-day (or 366-day, if the year of the renewal is a leap year) anniversary of the expiration of the Initial Period (or Renewal Period, if applicable); or
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if subject to monthly billing, expiring upon the first day of every subsequent calendar month.
Residential Multifamily.
“Residential Multifamily” means a Multifamily that has two (2) to four (4) Dwelling Units.
Sensitive Personally Identifiable Information.
“Sensitive Personally Identifiable Information” means Personally Identifiable Information that may not be accessible from public sources, and which may include:
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first and last name;
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home address;
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email address;
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telephone number;
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passport number
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driver’s license number;
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Social Security Number;
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photo of a face;
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credit card number;
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account username;
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fingerprints;
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financial records;
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medical records;
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passwords;
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digital and physical communications;
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purchase history
Storage Unit.
“Storage Unit” means a partially or fully enclosed space that is designed or intended for the storage of Personal Property.
Storage Units.
See Storage Unit.
United States.
“United States” means the United States of America.
Units.
"Units" mean, collectively, (in alphabetical order) Dwelling Units, Parking Units, Storage Units, and any other commercial real estate spaces.
U.S.
“U.S.” means the United States of America.
U.S.A.
“U.S.” means the United States of America.
User Content.
“User Content” means Content that a Beplace User (or their End User) creates, designs, develops, distributes, makes available, posts, submits, transmits, or uploads through or to Beplace.
User Information.
"User Information" means, collectively, (in alphabetical order) the Business Information, the CapEx Information, the Loan Information, the Personal Information, and the Property Information.
Last Updated: March 14, 2024