Terms of use | Tower and Wing

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 ("Janover Capital," "we," "us"), governing your use of hospital.loans (Tower and Wing) and the content, data, tools and forms on it (the "Site"). By using the Site you accept these Terms and our Privacy policy, which is part of them. If you do not agree, do not use the Site. If you use it for an entity, you represent that you can bind that entity, and "you" includes it.

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. We are not a bank, direct lender, deposit-taking institution, mortgage servicer or fiduciary. We do not 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 1-4 unit residential properties or owner-occupied homes; residential properties of five or more units are treated as commercial. Any engagement of Janover Capital for advisory or brokerage services happens only under a separately signed written agreement; using the Site or sending us information does not create one.

Tower and Wing is independent. It is not affiliated with, endorsed by or acting for the U.S. Department of Housing and Urban Development (HUD), the Federal Housing Administration (FHA), USDA, the Federal Reserve, Fannie Mae, Freddie Mac, the U.S. Treasury or any government agency, and it is not a HUD-approved lender. Program names are used only to describe the federal programs the Site writes about. To deal with HUD directly, go to hud.gov.

Janover Capital LLC separately holds insurance licenses in Florida (license #L136031) and Texas (license #3490226); insurance products and services are not offered through this 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; or (d) a recommendation about any transaction or strategy. All rates, terms, limits, program parameters and figures shown on the Site are indicative and illustrative, dated, subject to change without notice, and subject to market conditions, underwriting, third-party reports and lender and agency approval. Consult your own legal, tax and financial advisors before any financing decision. You alone are responsible for judging 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. You agree to use it only lawfully and under these Terms.

5. Data, calculators and tools

The Site publishes data compiled from these sources, each dated where it appears:

HUD's active and terminated FHA-insured multifamily mortgage files (hospital rows), monthly
HUD Office of Hospital Facilities' list of all active FHA hospital loans
Section 242 rules from 12 USC 1715z-7, 24 CFR Part 242, HUD Handbook 4615.1 and Mortgagee Letter 2023-12
MIP rates from HUD's 2022 Federal Register notice (87 FR 30510, as corrected by 87 FR 49877), and process times from HUD's 2022 lender training

The Site's tools:

The Section 242 eligibility screen runs entirely in your browser. The hospital figures you enter are not sent to us unless you also send the inquiry form, and its result is a self-check against published rules, not a HUD determination.

Data may be delayed, incomplete or wrong, including errors in the source agencies' own files, and is provided "as is" without warranty of any kind. Tools give simplified, hypothetical results from your inputs and generic assumptions; they are not underwriting, a sizing commitment or an indication of terms available to you. We may change, suspend or remove any data, feed or tool at any time.

6. Data use

HUD's loan data is a work of the U.S. government and in the public domain. Listing a hospital means only that HUD's public files show an FHA-insured loan on it; it says nothing else about that hospital. Our compilation (the grouping by hospital, the calculated fields and the downloads at /data/) is offered under the license stated on the About the data page. Attribute it to Tower and Wing and HUD, and do not present it as HUD's own publication or as current beyond the date printed with it.

7. Educational content

Articles and guides on the Site are general, may not reflect the latest market, program or regulatory changes, and may not apply to your situation. Government program terms change over time. Nothing in them creates an advisory or client relationship.

8. Information you submit

When you send information through the Site, you represent that it is accurate and complete in all material respects, that you have the right to provide it, and that providing it breaks no 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 pursue financing. Until you and Janover Capital sign a written engagement with confidentiality terms, information sent through the Site carries no duty of confidentiality beyond our Privacy policy.

9. Consent to be contacted

By sending your contact information through the Site or otherwise giving it to us, you expressly consent to receive calls, text messages and emails from or for 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 any text, using the unsubscribe link in any email, or contacting us at (561) 559-4111 or hello@hospital.loans. If you give a phone number that is not yours, you represent that you have the owner's permission.

10. Electronic communications

You agree to receive communications from us electronically, and that agreements, notices and disclosures we provide electronically satisfy any legal requirement that they be in writing.

11. Intellectual property

The Site and its text, design, graphics, data compilations and software belong to Janover Capital LLC or its licensors and are protected by copyright, trademark and other laws, except public-domain government data as described above. "Janover," "Janover Capital" and associated marks may not be used without our written consent. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Site for your personal or internal business use.

12. Prohibited conduct

You agree not to: (a) scrape, harvest or systematically extract content or data from the Site except as our robots.txt and any license stated on the Site permit; (b) interfere with or disrupt the Site or its infrastructure; (c) attempt unauthorized access to any system or data; (d) submit false, misleading or fraudulent information; (e) use the Site to break any law or third-party right; (f) frame or mirror the Site in a misleading way, or present it or its data as coming from a government agency; or (g) reverse engineer any software that runs the Site.

13. Third-party websites

The Site links to third-party websites, including hud.gov (the U.S. Department of Housing and Urban Development). They have their own terms and privacy policies. A link is not an endorsement, and we are not 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 OR UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT ANY FINANCING WILL BE AVAILABLE OR ARRANGED, OR THAT ANY PARTICULAR TERMS WILL BE ACHIEVED.

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, OPPORTUNITIES, 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 OF SUCH DAMAGES; 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 DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU; IN THAT CASE OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT THE LAW PERMITS. THIS SECTION DOES NOT 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, 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 any third-party right.

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 cannot 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. Disputes must be brought only 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 permits, any claim arising out of or relating to the Site or these Terms must be brought 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; using the Site after that 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 needed and the rest stays in force. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may. Headings are for convenience only. Sections that by their nature should survive termination (including sections 3, 8, 11 and 14 through 18) survive.

21. Contact

Janover Capital LLC, 6401 Congress Ave., Ste. 250, Boca Raton, FL 33487. (561) 559-4111. hello@hospital.loans.