TERMS AND CONDITIONS
LAST UPDATED ON JANUARY 18, 2018
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
SMALL BUSINESS FUNDING MAKES NO GUARANTEE THAT YOUR USE OF THE SERVICES WILL RESULT IN QUALIFICATION FOR, OR RECEIPT OF, A FUNDING OR OTHER FUNDING PRODUCT IN THE AMOUNT REQUESTED OR AT ALL.
If you also wish to complete or submit a Request for Funding, you must also agree to the Business Finance Terms And Conditions.
- Use of Our Service
Small Business Funding is the leading online marketplace for small business funding. Small Business Funding’s proprietary platform matches merchants to sources of capital based on each company’s unique profile – completed only in a few minutes – in a safe, efficient, price-transparent environment. Small Business Funding is not a funder. Rather, Small Business Funding helps small businesses obtain funding or other business financing from banks, financial institutions, factors and companies providing merchant cash advances, receivables financing or other funding products (collectively, “Funders”), including financing products from its subsidiaries. In all cases, the product offered through Small Business Funding will be clearly identified on the definitive documentation for such product between the customer and the Funder.
You may use the Service only if you can form a binding contract with Small Business Funding, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Small Business Funding.
Small Business Funding and its affiliates, agents, directors, employees, subsidiaries, suppliers or licensors do not represent, warrant or guarantee that you will qualify for or obtain a business funding or other business funding product through use of the Service. In all cases, credit, lending and funding decisions are made only by the funder or other funding provider at their sole discretion.
- Small Business Funding Service
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your internal business use only and as permitted by the features of the Service, including Services relating to the application for and provision of funding and other funding products for small businesses (“Business Finance Services”). Small Business Funding reserves all rights not expressly granted herein in the Service and the Small Business Funding Content (as defined below). Small Business Funding may terminate this license at any time for any reason or no reason.
One of our products, the Small Business Funding Small Business Lending Index (“SBLI” or the “Index”), presents data, analysis and trends based on monthly funding and other funding applications generated on the Site. The Index reports the funding approval rates of small business financing requests at big banks ($10 billion+ in assets), local and regional banks and non-bank funders (credit unions, Community Development Financial Institutions (CDFI), micro funders, and others). The Index results are based on primary data submitted monthly by the applicants for funding on Small Business Funding’s online platform, including through our online application for business funding or other funding products (“Request for Funding”) with over 1,000 Funders nationwide.
There is no charge for the use of our Site or for completing and submitting the Request for Funding. Before you can complete or submit a Request for Funding, you must also agree to the Business Finance Terms And Conditions. In addition, if you use our Business Finance Services and obtain a small business funding or other funding product, you will be required to pay a fee to Small Business Funding and/or the Funder in connection with your financing, in each case as clearly specified in the definitive agreement between you and Small Business Funding and/or the Funder, as set forth on our website.
- Small Business Funding Accounts
Your Small Business Funding account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.
You may never use another User’s account without permission. When you set up your account, or when you complete and submit our Request for Funding, you must provide accurate and complete information, including when providing credit reports, credit score, credit history, investigative reports, consumer reports, statements from creditors or financial institutions, tax returns and credit card statements, and any other business or personal information that may be requested (“Information and Documents”). You are solely responsible for the activity that occurs on your account, and you must keep your account up to date and your device secure. You must notify Small Business Funding immediately of any change in any of your Information and Documents, or in the case of a breach of security or unauthorized use of your account. Small Business Funding will not be liable for any inaccuracy contained in your personal or account information, or for losses caused by any use of your account.
You may control your User profile and how you interact with the Service through modifications made in the Service. By providing Small Business Funding your Information and Documents, you expressly authorize (i) Small Business Funding to disclose any or all of such Information and Documents to Funders and (ii) each Funder to disclose any or all of such Information and Documents, and share any or all of such Information and Documents with other Funder Parties in connection with such potential transactions. Customer understands and agrees that Funders may share and/or retain Information and Documents and any other information provided by Small Business Funding or received by them, whether or not Customer qualifies for a funding or other funding product and whether or not Customer enters into a credit or other transaction.
Small Business Funding and each Funder shall be entitled to rely upon the accuracy and completeness of such Information and Documents provided by or on behalf of Customer, and Small Business Funding is not responsible for any inaccuracy contained therein that may be incorporated into a Request for Funding.
You authorize Small Business Funding and/or Funders to do one or more hard pulls of your credit score in connection with any submission of a Request for Funding to any Funder. You also authorize Small Business Funding and/or Funders to do soft pulls of your credit score in connection with your Request for Funding and at any time thereafter.
You hereby waive and release any claims against Small Business Funding and each Funder or any provider of credit reports, credit score or other information-provider, together with their respective and each of their respective representatives, officers, directors, employees, agents, affiliates, successors and assigns arising from any act or omission relating to the requesting, receiving or release of any such Information and Documentation or their incorporation into a Request for Funding
- Service Rules
Use of the Service in accordance with Applicable Law. You agree to use the Services only for purposes that are permitted by any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including, without limitation, any laws regarding the export of data or software to and from the United States or other relevant countries). In addition, Funders using Small Business Funding’s platform must comply with applicable law, including without limitation the Equal Credit Opportunity Act (“ECOA”), Regulation B promulgated under ECOA (“Regulation B”), the Fair Credit Reporting Act and the Fair Housing Act.
Use of the Service in accordance with the Small Business Funding’s Anti-Discrimination Policy. Small Business Funding’s Anti-Discrimination Policy is fundamental to its operations and overall business philosophy. Any Funder must also comply with this fundamental Small Business Funding policy in connection with its use of Services: Discrimination in any part of the funding or application process is not only unlawful, Small Business Funding strongly believes that it is also immoral. Accordingly, Small Business Funding does not tolerate discrimination or any action having a discriminatory or discouraging impact, on any basis prohibited under applicable law, including, but not limited to, race, color, religion, national origin, sex, sexual preference, gender identity, marital status, familial status, age, handicap or disability.
Registration and other Information you provide to Small Business Funding. If you wish to access case studies, financial calculator tools, the Newsletter, Small Business Lending IndexTM, the Knowledge Center or simply browse our Site, no prior registration is required. However, if you wish to use any other Services, including without limitation DocVaultTM, BizAnalyzerTM, the business funding and credit Dashboard, Business Finance Service or participate in Community features, you must in all such cases register with Small Business Funding.
Additional Restrictions. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Small Business Funding servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser or mobile application (except that Small Business Funding grants the operators of public search engines revocable permission to use spiders to copy materials from biz2service.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
Small Business Funding Rights. We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
User Contributions. The Service may contain message boards, user profiles, forums, content commentaries and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or communicate with other Users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Service.
Any User Contribution you post to the Service will be considered non-confidential and non-proprietary. By providing any User Contribution on the Service, you grant us and our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not us, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We reserve the right, but have no obligation, to monitor disputes between you and other Users (provided, however, that we do not monitor at any time the contents of your communications, unless otherwise required by applicable law). Small Business Funding shall have no liability for your interactions with other Users, or for any User’s action or inaction, nor are we responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other User of the Service.
- Service Limitations
You acknowledge that the Service is subject to certain limitations and may not be available in your jurisdiction. Small Business Funding does not broker any funding in California to funders licensed under the California Finance Funders Law. Small business financing may also be subject to certain limitations on a state-by-state basis.
- Disputes Relating to Credit Report Information
If a customer wishes to submit a dispute regarding any information contained in a credit report or consumer credit report, please contact us at email@example.com.
- Mobile Software
- Mobile Software. You will use software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. Small Business Funding does not warrant that the Mobile Software will be compatible with your mobile device. Small Business Funding hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Small Business Funding account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, funding, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Small Business Funding may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Small Business Funding or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Small Business Funding reserves all rights not expressly granted under this Agreement. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Small Business Funding Service.
- Mobile Software from iTunes.The following applies to any Mobile Software you acquire from the iTunes Store or App Store (“App Software”): You acknowledge and agree that this Agreement is solely between you and Small Business Funding, not Apple, and that Apple has no responsibility for the App Software or content thereof. Your use of the App Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Software. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the App Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Small Business Funding as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App Software or your possession and/or use of the App Software, including, but not limited to: (i) product liability claims; (ii) any claim that the App Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Small Business Funding as provider of the software. You acknowledge that, in the event of any third party claim that the App Software or your possession and use of that App Software infringes that third party’s intellectual property rights, Small Business Funding, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Small Business Funding acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the App Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the App Software against you as a third party beneficiary thereof.
- Our Proprietary Rights
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “Small Business Funding Content”), and all intellectual property rights related thereto, are the exclusive property of Small Business Funding and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Small Business Funding Content. Use of the Small Business Funding Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Small Business Funding under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Small Business Funding does not waive any rights to use similar or related ideas previously known to Small Business Funding, or developed by its employees, or obtained from sources other than you.
You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of Small Business Funding on Small Business Funding servers. You agree that Small Business Funding has the absolute right to manage, regulate, control, modify and/or eliminate any such data as it sees fit in its sole discretion, in any general or specific case, and that Small Business Funding will have no liability to you based on its exercise of such right. All data on Small Business Funding’s servers are subject to deletion, alteration or transfer. NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, ACCOUNT HISTORY AND ACCOUNT CONTENT RESIDING ON SMALL BUSINESS FUNDING’S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN SMALL BUSINESS FUNDING’S SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. SMALL BUSINESS FUNDING DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON SMALL BUSINESS FUNDING’S SERVERS.
Small Business Funding cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
You agree to defend, indemnify and hold harmless Small Business Funding and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your information or any that is sent/submitted via your account; or (vi) any other party’s access and use of the Service with your unique username or other appropriate security code.
- No Warranty
BY USING OUR SERVICES, INCLUDING SUBMITTING A FUNDING OR FUNDING PRODUCT APPLICATION, OR BY ACCESSING OR USING ANY BUSINESS FINANCE SERVICES, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SMALL BUSINESS FUNDING DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT YOU WILL QUALIFY FOR OR OBTAIN A BUSINESS FUNDING OR OTHER BUSINESS FUNDING PRODUCT. IN ADDITION, SMALL BUSINESS FUNDING DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT YOU WILL QUALIFY FOR OR OBTAIN A BUSINESS FUNDING OR OTHER BUSINESS FUNDING PRODUCT IN THE AMOUNT REQUESTED OR AT ALL. IN ALL CASES, CREDIT, LENDING AND FUNDING DECISIONS ARE MADE ONLY BY THE FUNDER AT ITS SOLE DISCRETION.
BUSINESS FINANCE SERVICES ARE OFFERED TO BUSINESSES FOR COMMERCIAL FUNDING AND OTHER FUNDING PRODUCTS OR OTHER FUNDING FOR OUR BUSINESS CUSTOMERS. SMALL BUSINESS FUNDING DOES NOT ARRANGE ANY FUNDING SECURED BY A DWELLING, RESIDENCE OR OTHER NON-COMMERCIAL REAL ESTATE, EXCEPT AS MAY BE REQUIRED IN THE CASE OF CERTAIN SMALL BUSINESS ADMINISTRATION (SBA) FUNDING. IN ADDITION, SMALL BUSINESS FUNDING’S BUSINESS FINANCE SERVICES ARE LIMITED IN ALL CASES TO PROVIDING OUR CUSTOMERS WITH SERVICES RELATED TO FUNDING APPLICATIONS AND OTHER BUSINESS FUNDING AND OTHER FINANCING OPTIONS. SMALL BUSINESS FUNDING’S APPLICATION OR “REQUEST FOR FUNDING” FORM DOES NOT CONSTITUTE AN “APPLICATION” WITHIN THE MEANING OF REGULATION B. SMALL BUSINESS FUNDING DOES NOT NEGOTIATE OR OFFER TO NEGOTIATE SPECIFIC FUNDING TERMS WITH FUNDERS OR OTHER FUNDING PROVIDERS. IN ADDITION, THE COMPANY’S ABILITY TO PROVIDE, AND YOUR ELIGIBILITY TO RECEIVE CERTAIN BUSINESS FINANCE SERVICES MAY ALSO DEPEND ON THE STATE OR REGION IN WHICH YOU RESIDE OR IN WHICH YOU HAVE REQUESTED SUCH SERVICES. ACCORDINGLY, NOT ALL BUSINESS FINANCE SERVICES MAY BE AVAILABLE TO YOU. YOUR USE OF ANY BUSINESS FINANCE SERVICES IS EXPRESSLY SUBJECT TO YOUR COMPLIANCE WITH ALL REQUIREMENTS SET FORTH IN THE TERMS AGREEMENT. SMALL BUSINESS FUNDING ASSISTS CUSTOMERS IN ALL PHASES OF THE APPLICATION PROCESS, BUT DOES NOT TAKE OR COMPLETE APPLICATIONS FOR CREDIT, ISSUE COMMITMENTS, OR MAKE CREDIT DECISIONS, OR MAKE FUNDING OR PROVIDE FUNDING. ALL CREDIT DECISIONS ARE MADE EXCLUSIVELY BY THE FUNDER AT ITS SOLE DISCRETION.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SMALL BUSINESS FUNDING, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
SMALL BUSINESS FUNDING DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY, AND SMALL BUSINESS FUNDING WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SMALL BUSINESS FUNDING, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL SMALL BUSINESS FUNDING BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMALL BUSINESS FUNDING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL SMALL BUSINESS FUNDING, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING US$100.00.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SMALL BUSINESS FUNDING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Service is controlled and operated from facilities in the United States. Small Business Funding makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
- Governing Law, Arbitration, and Class Action/Jury Trial Waiver
- Governing Law.You agree that: (i) the Service shall be deemed solely based in New York; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than New York. This Agreement shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in New York County, New York for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that New York County, New York is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable. Notwithstanding the foregoing, Business Finance Services shall be governed by the law specified in the definitive legal documentation between you and the Funder.
- Arbitration.READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM SMALL BUSINESS FUNDING. For any dispute with Biz2Credit, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. In the unlikely event that Small Business Funding has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, Inc. (“JAMS”), under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in New York County, New York, unless you and Small Business Funding agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Small Business Funding from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
- Class Action/Jury Trial Waiver.WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND SMALL BUSINESS FUNDING ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
- Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Small Business Funding without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
- Notification Procedures and Changes to the Agreement.Small Business Funding may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Small Business Funding in our sole discretion. Small Business Funding reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Small Business Funding is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Small Business Funding may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms And Conditions. If you do not agree to any of these terms or any future Terms And Conditions, do not use or access (or continue to access) the Service.
- Entire Agreement/Severability.This Agreement, together with any amendments and any additional agreements you may enter into with Small Business Funding in connection with the Service, shall constitute the entire agreement between you and Small Business Funding concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
- No Waiver.No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Small Business Funding’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
- Contact.Please contact us at email@example.com with any questions regarding this Agreement.
This Agreement was last modified on January 18, 2018.