Terms of Service

You must be at least 18 years of age to access or use the Services. If you access or use the Services on behalf of another person or entity (including a company, LLC or trust), you represent that you are authorized to accept these Terms on that person’s or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

Insula provides short-term financing for business, commercial and investment purposes only. Our loans are not available for owner-occupied residential properties or for personal, family or household purposes.

All content on the Site — including loan program descriptions, rates, leverage limits, timelines and funded-deal examples — is provided for general informational purposes only. It does not constitute an offer, commitment or approval to lend, and it is not financial, legal, tax or investment advice.

Loan terms described on the Site are illustrative and subject to change without notice. Every loan is subject to underwriting, diligence and final approval, and actual terms are set forth solely in a term sheet or loan agreement executed by you and Insula. Nothing on the Site creates a borrower-lender relationship between you and Insula.

By submitting an inquiry through the Site, our chat widget, telephone, email or text message, you consent to receive communications from us — including by phone, email and text message — about your inquiry and related services. You can opt out of marketing communications at any time; instructions for opting out of text messages are in Section 4.

You agree that notices, agreements, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive communications is not a condition of any purchase or loan.

This Section applies to short message service (SMS) and text messages sent by or on behalf of Insula, including messages sent through the chat widget embedded on the Site. If you opt in to receive such messages — for example, by submitting your mobile number through the chat widget or a web form — the following terms apply:

• Program description. Insula uses SMS and text messaging to communicate with you about your inquiry, your loan scenario, and related customer service and marketing matters.
• Opt-out. You can cancel at any time by texting “STOP” to the number from which you received messages. After you send “STOP”, we will send a confirmation SMS and you will no longer receive messages from us. To rejoin, simply sign up again as you did the first time.
• Help. For assistance, reply “HELP” or contact us at info@insulacap.com or (833) 319-3517.
• Rates and frequency. Message frequency varies depending on your interactions with us. Message and data rates may apply for any messages sent to you from us and to us from you. If you have questions about your text or data plan, contact your wireless provider.
• Carrier liability. Carriers are not liable for delayed or undelivered messages.
• No sharing of mobile numbers. Mobile numbers and consent records are not shared with third parties for their own marketing purposes.

Please refer to our Privacy Policy for information about how we collect, use, disclose and protect information about you.

Submitting a loan scenario, inquiry or application does not obligate you to accept a loan from us, and does not obligate Insula to make a loan. Quotes and indications of terms are non-binding until a term sheet or loan agreement is executed. Insula may decline any scenario in its sole discretion.

Fees are charged only as set forth in the executed loan documents. Insula does not charge application fees, and there are no prepayment penalties on our loan programs unless expressly stated in your executed loan documents.

The Site, including all text, graphics, logos, images and the design and arrangement thereof, is owned by Insula or its licensors and is protected by intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and view the Site for your personal, non-commercial use. You may not copy, reproduce, distribute, modify, or create derivative works from the Site or its content without our prior written consent.

• Interfere with, disrupt or attempt to gain unauthorized access to the Site or related systems or networks.
• Provide false, inaccurate or misleading information in any inquiry or application, or impersonate any person or entity.
• Use the Services for any unlawful purpose or in violation of any applicable law or regulation.
• Scrape, harvest or extract data from the Site through automated means without our prior written consent.
• Use the Services to transmit spam, unlawful, harmful or infringing content.
• Frame or mirror any portion of the Site without our prior written consent.

The Site uses third-party services, including the LeadConnector chat widget, and may display links to third-party websites. We do not control and are not responsible for third-party content, services or websites. Your use of any third-party service or website is governed by that party’s own terms and privacy policy.

Any questions, comments, suggestions, ideas or other information you submit to us about Insula or the Services (“Feedback”) is non-confidential, and we may use and disseminate Feedback for any purpose without acknowledgment or compensation to you.

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Insula and our members, managers, officers, directors, agents and employees from and against any loss, liability, claim, demand, damages, expenses or costs (including reasonable attorneys’ fees) arising out of or related to (a) your access to or use of the Services; (b) information or content you submit to us; (c) your violation of these Terms; or (d) your violation of any rights of another or your conduct in connection with the Services.

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. INSULA DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR SECURE.

Loan programs, rates, terms and availability vary by state, property type and borrower profile and may change without notice. Nothing on the Site is a guarantee of funding.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INSULA WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY — WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, STRICT LIABILITY OR OTHERWISE — FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF INSULA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF INSULA FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ACCESS OR USE THE SERVICES. THE LIMITATIONS IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT OF INSULA OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

To the fullest extent permitted by applicable law, you release Insula from responsibility, liability, claims, demands and damages of every kind and nature, known and unknown, arising out of or related to disputes between users and the acts or omissions of third parties in connection with the Services.

You and Insula agree to resolve any dispute arising out of or relating to these Terms or the Services through confidential binding arbitration held in Suffolk County, New York, in accordance with the Streamlined Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services (“JAMS”). The arbitrator will have exclusive authority to make all procedural and substantive decisions and to grant any remedy that would otherwise be available in court, except that the arbitrator may not conduct a class arbitration or any representative proceeding. Disputes will be resolved solely through individual arbitration and will not be brought as a class action or other representative proceeding.

Any claim arising out of or relating to these Terms or the Services must be filed within one (1) year after such claim arose; otherwise, the claim is permanently barred.

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted these Terms by emailing info@insulacap.com with your full name and a clear indication of your intent to opt out.

These Terms and your access to and use of the Services are governed by the laws of the State of New York, without regard to conflict of law rules. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of the State of New York and the United States, respectively, sitting in Suffolk County, New York.

By accessing or using the Services, you consent to the processing, transfer and storage of information about you in and to the United States, where you may not have the same rights and protections as you do under local law.

We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to the Site and update the “Last updated” date above. Unless we say otherwise, the amended Terms will be effective immediately upon posting, and your continued access to or use of the Services after that will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using the Services.

We reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Services. We are not responsible for any loss or harm related to your inability to access or use the Services.

If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement between you and Insula relating to your access to and use of the Services. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of that right or provision. You may not assign or transfer these Terms except with our prior written consent.

If you have any questions about these Terms or the Services, contact us:

Insula Capital Group
627 Horseblock Rd., Farmingville, NY 11738
(833) 319-3517
info@insulacap.com