Terms and Conditions

1. Agreement

These Terms and Conditions ("Terms") govern your use of the application portal operated by Bay Point Advisors, LLC ("Bay Point", "we", "us") and any application for financing you make through it. By checking the box to accept these Terms and requesting a confirmation link, you agree to them. If you are applying on behalf of an entity, you represent that you have authority to bind it, and "you" includes that entity. If you do not agree, do not use the portal.

2. Eligibility

The portal is for bidders who have been invited to explore financing on an asset offered by one of our auction partners, or who reach it from that partner's listing. You must be at least eighteen years old and able to enter a binding contract. Financing is offered only where we are permitted to offer it.

3. What an application is, and is not

An application through the portal asks us to consider whether we would offer you financing on a particular asset. It is not an offer of credit, a commitment to lend, or a guarantee of terms. A pre-qualification is our indication, based on the information available to us at the time, that we would consider a financing; it may be withdrawn or changed. The only offer of credit we make is a written term sheet or loan agreement signed by an authorized representative of Bay Point, and it is governed by its own terms.

Every determination on an application is made by a person at Bay Point. We use software to gather and organize information; we do not make credit decisions automatically.

4. Your information

You agree that the information you provide is accurate and complete and that you will tell us promptly if it changes. You agree to verify your identity when asked, by presenting a valid government-issued identity document through our verification provider. We may decline to consider, or may close, an application where information cannot be verified or is found to be inaccurate. How we handle your information is described in our Privacy Policy, which is part of these Terms.

5. Credit authorization

We will not obtain a consumer report about you without your written authorization, which we ask for separately during the application under the Fair Credit Reporting Act. Accepting these Terms is not that authorization. When you give it, we obtain a report for the purpose of pre-qualifying you for financing; a further report may be needed, with your separate authorization, if you win the auction and proceed to closing.

6. Electronic communications and signatures

You agree to receive notices, disclosures and documents from us electronically, at the email address you sign in with and in your portal, and to sign documents electronically through our electronic signature provider. An electronic signature has the same effect as a handwritten one. You may request a paper copy of any document we provide electronically by contacting us. To use the portal you need a device with a current web browser, an email account, and the ability to view and save PDF files.

7. Your account

You sign in with a single-use link sent to your email address; there is no password. You are responsible for the security of that email account and for anything done in the portal through a link sent to it. Do not forward a sign-in link or an invitation link to anyone else. Tell us at once if you believe someone else has used your account.

8. Acceptable use

You agree to use the portal only for your own application, to provide only information you are entitled to provide, and not to attempt to access anyone else's information, interfere with the portal's operation, or use it for any unlawful purpose.

9. Withdrawal

You may withdraw an application at any time from your portal. Withdrawal stops our work and our communications about the application. Records of the application, including any credit inquiry made with your authorization, are kept as described in the Privacy Policy.

10. Ownership

The portal, its design and its content are owned by Bay Point or its licensors. You may use them only to make and manage your application. The documents we prepare for you are provided for that purpose alone.

11. Disclaimers and limitation of liability

The portal is provided as it is. We do not promise that it will be available at any particular time or free of error, and we do not promise that an application will result in an offer of financing. Illustrative figures shown in the portal are examples, not terms. To the fullest extent the law allows, Bay Point is not liable for indirect, incidental or consequential loss arising from your use of the portal, and our total liability to you in connection with the portal is limited to one hundred dollars. Nothing in these Terms limits rights you have under law that cannot be limited by agreement.

12. Governing law

These Terms are governed by the laws of the State of Georgia and applicable federal law, without regard to conflict of law principles. Any financing we offer is governed by the documents that set it out, which may provide otherwise.

13. Changes

We may change these Terms. When we do, we will change the effective date above, and we will ask you to accept the new Terms before you continue to use the portal where the change is material. The version you accepted is recorded with your application. This is version 2026-09-25.

14. Contact

Bay Point Advisors, LLC
3050 Peachtree Rd, Suite 740, Atlanta, GA 30305
404.963.6031