These Terms of Service ("Terms") constitute a legally binding agreement between you and Bhumi LLC, a Michigan limited liability company ("Bhumi," "we," "us," or "our"), governing your access to and use of our document preparation, T-12 audit, and related services (the "Services").
By accessing or using our Services, you agree to be bound by these Terms. If you are using the Services on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these Terms.
Bhumi provides document preparation, financial statement reconciliation, T-12 operating statement audits, and related services for commercial real estate transactions. Our Services are designed to assist property owners, mortgage brokers, and lenders in preparing documentation for loan applications and underwriting processes.
NOT FINANCIAL, ACCOUNTING, OR LEGAL ADVICE. The Services provided by Bhumi are document preparation and reconciliation services only. Our Services do not constitute, and should not be construed as, financial advice, accounting advice, legal advice, tax advice, or investment advice.
You should consult with qualified professionals, including licensed accountants, attorneys, and financial advisors, before making any financial or legal decisions based on documents prepared through our Services.
Bhumi is not a licensed accounting firm, law firm, or registered investment advisor. We do not provide audit opinions, attestation services, or any services that require professional licensure.
You agree to:
Your Content: You retain all ownership rights in the documents, data, and information you provide to us ("Customer Data"). You grant us a limited, non-exclusive license to use, process, and store your Customer Data solely to provide the Services.
Our Materials: We retain all rights in our templates, methodologies, processes, and any materials we provide that do not incorporate your Customer Data. The Bhumi name, logo, and all related marks are our trademarks.
No AI Training: We will not use your Customer Data to train artificial intelligence or machine learning models.
Fees for our Services will be communicated to you before work begins. Unless otherwise agreed in writing:
We will maintain the confidentiality of your Customer Data and will not disclose it to third parties except as necessary to provide the Services, as required by law, or with your consent. Our confidentiality obligations are further detailed in our Privacy Policy.
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.
WITHOUT LIMITING THE FOREGOING, BHUMI DOES NOT WARRANT THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM THE SERVICES WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (D) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR REVIEWING ALL DELIVERABLES FOR ACCURACY BEFORE SUBMISSION TO LENDERS OR OTHER THIRD PARTIES. BHUMI IS NOT RESPONSIBLE FOR LOAN APPROVALS, DENIALS, OR DELAYS RESULTING FROM USE OF THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BHUMI'S TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE FEES PAID BY YOU TO BHUMI IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
IN NO EVENT SHALL BHUMI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITIES, OR LOAN DENIAL OR DELAY, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER BHUMI WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend, and hold harmless Bhumi and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any inaccuracies in the information you provide to us.
These Terms remain in effect until terminated. Either party may terminate the relationship at any time upon written notice. Upon termination, your right to use the Services will immediately cease. Provisions that by their nature should survive termination shall survive, including ownership, confidentiality, limitation of liability, and indemnification.
Neither party shall be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond the reasonable control of that party, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemic, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in Oakland County, Michigan, and you consent to the personal jurisdiction of such courts.
We may modify these Terms at any time by posting the revised Terms on our website. Your continued use of the Services after such modifications constitutes your acceptance of the revised Terms. We will provide notice of material changes by email or through the Services.
Entire Agreement: These Terms, together with our Privacy Policy and any engagement letters, constitute the entire agreement between you and Bhumi regarding the Services.
Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
For questions about these Terms, please contact us at:
Bhumi LLC