Subscription Renewal Agreement
The Investor's Edge Subscription Terms and Conditions:
DHM Terms and Conditions:These terms and conditions are provided related to usage of DHM Industries software, solutions, capabilities and all provided intellectual property. By using any of DHM capabilities the “Member” agrees to the following terms:
- INVESTOR MARKETPLACE CRITERIA. Member may have access to DHM’s financing resources for a subject property if the following criteria are satisfied:
- Subject property is located in a location where DHM is actively funding qualified deals. Current funding locations are available in detail for each specific loan program on the Loan Application and Advanced Deal Analysis software which is available to all members online. Member also understands that DHM makes no guarantees as to which locations DHM will be actively providing funding during the term of this agreement. Member also understands that funding locations may be restricted by factors such as state, county, core based statistical area, metropolitan statistical area, micropolitan statistical area, rural designations, disaster area designations, or availability of inspectors/evaluators/appraisers near the location.
- Member obtains the preliminary ARV of the subject property using the most current version of the Property Value Analysis software or worksheet provided by DHM.
- Member uses the Advanced Deal Analysis software to conduct an initial assessment of the subject property using the ARV obtained via the Property Value Analysis software.
- Member submits a completed loan application to DHM.
- Member consults with a DHM representative regarding the validity and profitability of the subject property with a particular emphasis on establishing realistic expectations based on comparable properties meeting DHM’s loan criteria and the fair-market value of rehab construction bids.
- Member purchases or redeems a credit for the inspection/evaluation/appraisal to be performed on the subject property as required by the specific loan program.
- A valid ARV is able to be determined as a result of an inspection, evaluation, or appraisal based on the specific loan program’s requirements.
- If a subject property meets the requirements for a loan from DHM, including but not limited to: maximum loan amounts, minimum profit levels, maximum risk levels, maximum total acquisition costs, maximum rehab costs, maximum rehab to acquisition ratio, and maximum debt-service coverage ratios.
- The borrower’s qualifications meet all the specific loan program’s requirements, including but not limited to, required financial history and background or citizenship requirements. For alternate loan programs, the primary and secondary borrower qualifications meet all the specific loan program’s requirements, including but not limited to, minimum previous flipping experience, minimum cash-to-close, minimum cash reserves, minimum credit score, minimum financial history, and background or citizenship requirements.
- Member is able to provide additional required cash-to-close when required. For each loan made by DHM, Member shall pre-pay a nonrefundable document preparation fee, Desktop Evaluation Fee and fee for an on-site evaluations.
- If Member has a loan with DHM and is behind on the agreed upon time schedule for the renovation, is not current on any required extension payment or late fee or any other amounts due for the loan, or is in default of a loan from DHM for any other reason, DHM shall not make a new loan to that Member until all amounts due are paid current.
- NO LOAN GUARANTEE. MEMBER UNDERSTANDS DHM DOES NOT IN ANY WAY GUARANTEE A LOAN OFFER FROM DHM TO MEMBER. In all cases, a loan shall not be made by DHM until after all of the following criteria have been fulfilled: (a) a formal letter of intent is presented to Member by an authorized DHM agent; (b) all documentation required by the specific loan program is submitted by Member and received by DHM or its partners/affiliates; (c) underwriting is complete; and (d) the individual investor funding the loan gives final written approval on the completed final loan package. Loan offers on properties may receive LTV or LTC deduction(s) as deemed appropriate by DHM for borrowers, properties, or locations with attributes including but not limited to: (a) low borrower credit score; (b) little borrower experience; (c) low borrower cash-to-close; (d) low borrower cash-reserves; (e) unfavorable borrower financial history; (f) high crime near property; (g) high rental ratio near property; (h) high market depreciation near property; (i) a history of a long time between the listing and sale of properties in the area near property; (j) significantly low purchase price in the last 24 months of subject property; or (k) other factors determined by DHM or its partners/affiliates. The specific criteria that define a qualified borrower, extreme risk scenarios, lender profit-share, minimum cash-to-close, minimum cash reserves, monthly interest payments, maximum risk levels, minimum profit levels, and borrower qualifications are subject to change at any time without prior notice and are available in detail for each specific loan program on the Loan Application and Advanced Deal Analysis software which is available to all members online.
- LOAN AMOUNTS. The loan amount(s) offered by DHM and/or its partners/affiliates will be based on percentages of the ARV, purchase price and/or rehab costs, as defined by the specific loan program. The rehab costs and ARV are identified solely by DHM and its partners/affiliates, inspectors, evaluators, or appraisers during the evaluation or appraisal process (which may vary depending on the specific loan program). The percent of ARV, purchase price, and/or rehab costs offered as a loan to Member is determined by conditions identified during the underwriting process and will vary according to the specific loan program. The maximum loan amount DHM will offer through its loan programs to first-time Members is approximately 70% of the FHA Conforming Loan Limit (CLL) per property for the county the property in located in (this is currently $500,000 for most counties and between $560,000 to $760,000 for designated high-cost areas). Regardless of the property or it’s location, it may be more difficult and take longer to secure funding for loan amounts above $350,000. DHM will allow Member to have a maximum of three (3) concurrent outstanding loans.
- NO INCOME GUARANTEE. Member understands Member is solely responsible for finding a suitable deal, getting a property under contract, requesting a valuation from DHM, responding in a timely manner to the requirements set forth by DHM to achieve loan closure, managing the property rehab in a timely manner, marketing the property, including the property being listed on the MLS with a licensed real estate professional, selling the property at a fair market value, and paying off the loan within the initial term of any loan that may be extended to Member. DHM does not make any guarantee or representation regarding any specific profit margin or return on investment. The earnings, revenue and profit results that a Member will generally achieve depend on many factors and conditions including but not limited to Member’s: (a) work ethic; (b) learning ability; (c) use of the products and services as designed; (d) business experience; (e) daily practices; (f) local market conditions; (g) business connections; and (h) local competition.
- PROPERTY VALUATION REFUND POLICY. Member understands and agrees that Member cannot be given a refund for any property inspections, evaluations or appraisals or any other fees charged by DHM in relation to a property or loan under any conditions. Member understands that there cannot be any refund on the grounds of disagreement with the values reported after analysis of any inspection, evaluation or appraisal. DHM has a significant success record and extends its aggregate knowledge to its Member by advising on actual ARV determined after the valuation process is complete.
- PAYMENT INFORMATION AND EARLY CANCELLATION. You will keep your authorized payment method, contact information, billing information up to date for the payment of incurred and recurring fees, as applicable. Changes may be made on your billing information within your account. You authorize DHM to continue to charge your authorized payment method for applicable fees during your subscription term and until any and all outstanding fees have been paid in full. All payment obligations are non-cancelable and all amounts paid are non-refundable, except as specifically provided for in this Agreement. All fees are due and payable in advance throughout the Subscription Term. You agree to be responsible for the Order Form and to guarantee payment of all fees. You may choose to cancel your subscription early at your convenience provided that we will not provide any refunds of prepaid fees or unused Subscription Fees, and you will promptly pay all unpaid fees due through the end of the Subscription Term.
- ELECTRONIC SIGNATURES. For purposes of this Agreement, any signature from Member or DHM transmitted via facsimile (fax) machine or electronic signatures including but not limited to Echo Sign or scan copies that are signed and emails (email) shall be considered for all purposes under this AGreement as an original signature and shall have the same binding legal effect as an original signature. Any person signing this Agreement on behalf of Member hereby represents and warrants that he or she is fully authorized to sign this Agreement on his or her own behalf and on behalf of any entity which he or she represents, and that this Agreement shall be binding upon the undersigned and/or the entity represented by the undersigned.
- PARTIES BOUND. This Agreement shall be binding on and inure to the benefit of the Parties to this Agreement and their respective heirs, executors, administrators, legal representatives, successors, and or assigns unless expressly prohibited by this Agreement. Member confirms that any corporation, organization, firm, company, or individual of which the Member is part, (as a member, principal or agent), is bound by the terms of this Agreement. If Member is an officer of his own corporation, or any corporation, the signature thereon represents the additional corporate guarantee and the responsibility with respect to this agreement. This agreement shall also bind the Member, additionally with reference to any contract which is negotiated between any parties that are involved as a result of contacts made in relation to this agreement and any undisclosed agent or any undisclosed seller and buyer.
- REMEDIES AND RESOLUTION OF CONFLICTS. If either party breaches this Agreement, the non-breaching party shall have all rights and remedies available to it in law and equity. Any and all disputes between the parties that cannot be settled by mutual agreement shall be brought in the courts located in Salt Lake County, State of Utah. Member agrees to the jurisdiction of the courts of the State of Utah and agrees that this Agreement shall be construed and governed according to the laws of the State of Utah. In the event of any action at law or equity between the parties arising from this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs from the non prevailing party.
- INDEMNIFICATION. Member will indemnify and hold DHM, its officers, directors, shareholders, employees and agents, and their respective successors and or assigns, harmless against any cause of action, loss, liability, damage, cost or expense of any nature arising out of or relating to its breach of any of the representations, warranties or covenants in any prior agreement.
- TERMINATION RIGHTS. Those provisions of this Agreement relating to Non-Competition, Breach, and Indemnification shall continue in full force and effect notwithstanding any termination of this Agreement.
- WAIVER. The waiver by either party hereto of any default or breach of any provision hereof by the party shall not be construed to be either a waiver of any succeeding or continuing breach of any such provision or waiver of the provision itself.
- TYPEWRITTEN OR HANDWRITTEN PROVISIONS. No handwritten or typewritten provisions inserted in this contract by either party may be considered valid.
- GOVERNING LAW. The validity of this agreement and of any of its terms or provisions, as well as the rights and duties of the parties to this agreement, shall be governed by and construed in accordance with the laws of the State of Utah.
- AMENDMENT. This Agreement may only be amended or modified by a writing executed by both parties to this agreement.
- LEGAL CONSTRUCTION. If any of the provisions of this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, the invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it.
- SEVERABILITY. Each section of this Agreement is severable. If any provision is held unenforceable by a court of competent jurisdiction, such ruling shall not impair any other provision that remains intelligible and all other provisions shall continue in effect. If any provision is unenforceable because of the breadth of area, subject or time to which it applies, the Parties agree the provision shall be enforced to the fullest extent permissible.
- ENTIRE AGREEMENT. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties to this Agreement with respect to its subject matter.
- DISCLAIMER. The terms, conditions, descriptions, or services offered by this DHM program are included for the purposes of providing resources, best practices, and access to funding on profitable deals for qualified Members. DHM does not make any guarantees, warranties (direct or implied), or other inducements of any kind or nature that Member shall realize profits of any nature or amount from participation in this program. Members who have achieved success in our program have done so by following the exact steps in our system and actively following up and following through on the necessary elements needed to complete a real estate transaction. Please note that deals do not occur without proper marketing, which costs money, and aggressive follow through, which takes time. Being successful with our system does not occur automatically; it requires Member to invest time, effort, and to take effective follow-through actions. The program is designed to provide Members with the knowledge, tools, and support to actively engage in real estate investment opportunities, not for owner occupied properties. The program contents, work materials, and consultative support has been specifically created to serve the needs of individuals or teams that desire to engage in real estate investment activities for profit. On an ongoing basis, the program is modified and adapted to meet new market trends and conditions. The success of our Members directly reflects on the success of our company so we are committed to doing everything we can to provide all of the resources needed for each Member to achieve success through real estate investing.
- DELINQUENT ACCOUNTS. All delinquent accounts will be charged an interest rate of 1.5% per month (18% per annum). In the event any balance is not paid as agreed, Member shall pay a collection fee not to exceed 40% of the unpaid balance. In the event a lawsuit is brought against you to collect the unpaid balance, the undersigned further agrees to pay court and or arbitration costs and reasonable attorney fees in addition to the collection fee. Member authorizes DHM or its agent to call Member or Member’s representative at any number Member provides or at any number at which DHM or its agent reasonably believes it can contact you, including calls to mobile, cellular, or similar devices for any lawful purpose. Member also agrees to any fee(s) or charge(s) that may be incurred for incoming calls from DHM or its agent, and/or outsourcing calls to DHM or its agent, to or from any such number, without reimbursement. Any chargebacks or charge reversals that are executed contrary to any portion of this Agreement do not excuse Member from any payment obligation contained in this Agreement and such may be turned over to an appropriate collection agency or representative who will pursue alternative payment.
Note: This agreement was last updated on 4/5/2023