IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, DO NOT USE THE SITE OR THE SERVICES.
Introduction and Defined Terms
Funding Center helps qualified small business owners find business financing solutions through its network of approved lenders and finance providers. Funding Center is not a lender or finance provider and does not underwrite, approve, fund or collect on loans or other financial solutions. As with any legal obligation, you are urged to read and understand these Terms and any other legal documents presented to you through the Service. “Service” means the products, services and software you access or utilize, including any activity Funding Center undertakes to connect you to potential lenders or finance providers. “Account” refers to your registration with Funding Center and any information you voluntarily provide to Funding Center; “Account” in this context does not refer to any banking or financial accounts. Other words and phrases may be defined within the Terms in the context of their usage. The words “include,” “includes” and “including” are to be read as if they were followed by the phrase “without limitation”.
Changes to these Terms
We reserve the right to change, modify, add or remove portions of these Terms at any time without prior notice to you. Your continued use of the Site following posting changes means you accept and agree to the changes. The last revision date is listed at the top of the Terms. Please check these Terms periodically for changes.
Funding Center owns or has permission to use all text, graphics, user interfaces, visual interfaces, photographs, trademarks (registered or unregistered), logos, sounds, artwork of any kind, and computer code (collectively, “Content”). Content includes without limitation the design, structure, coordination, selection, appearance, and arrangement of such Content. Your misuse of such Content may violate trade dress, copyright, trademark, and other intellectual property laws and unfair competition laws.
Use of Funding Center’s Site and Service
By using the Site or Services, you agree to the following:
• User-Generated Content or Information Submissions. You are solely responsible for, and assume all liability regarding (i) information and content you provide through your use of the Site and any Services, (ii) your interaction with any third-parties, and (iii) your decision to accept any loan or financial service provided by a third party. You represent and warrant that you own or control all rights in and to the information you provide, and all such information will comply with these Terms. You understand and acknowledge that you are responsible for any information you submit or contribute, and you, not Funding Center, have full responsibility for such information, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any information provided by you or any other user of the Site. If you attempt to enter information to create a duplicate account, we may reject such activity and terminate your existing account.
• Assumption of Risk; No Guarantees. You assume all risk when using the Service, and with any interactions with third-parties, including any lenders you are connected to. Furthermore, Funding Center may not connect every user with one or more lenders, and does not guarantee its ability to help you obtain lending or other financial services.
• Truthful Information. You agree to provide accurate, true, current and complete information, and only information that belongs to you. If your information becomes outdated or changes, it is your obligation to update such information. YOU MAY NOT USE THE SITE OR SERVICES ON BEHALF OF ANOTHER PERSON OR BUSINESS, INCLUDING THE USE OF FICTITIOUS NAMES OR “SEEDS”.
Prohibited Uses. You agree not to use the Site:
• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that is not accurate and truthful and owned by you directly.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
• To impersonate or attempt to impersonate us, our employees, other users, or any other person or entity (including by using email addresses associated with any of the foregoing that do not belong to you).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site or expose them to liability.
Additionally, you agree not to:
• Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Site.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Site.
FCRA Consent: Pursuant to the federal Fair Credit Reporting Act, the Applicant hereby authorizes Funding Center and its designated agents and representatives to conduct a comprehensive review of Applicant’s background through a consumer report and/or an investigative consumer report to be generated for employment, promotion, reassignment or retention as an employee. The Applicant understands that the scope of the consumer report/investigative consumer report may include, but is not limited to, the following areas: verification of Social Security number; current and previous residences; employment history, including all personnel files; education; references; credit history and reports; criminal history, including records from any criminal justice agency in any or all federal, state or county jurisdictions; birth records; motor vehicle records, including traffic citations and registration; and any other public records.
By using our esign platform, the Applicant authorizes the complete release of these records or data pertaining to you that an individual, company, firm, corporation or public agency may have. You hereby authorize and request any present or former employer, school, police department, financial institution or other persons having personal knowledge of you to furnish Funding Center or its designated agents with any and all information in their possession regarding you in connection with an application of employment. Applicant is authorizing that a photocopy of this authorization be accepted with the same authority as the original.
License to Use Your Content
By providing information in any form to us via the Site or Service, you represent that you have the right to provide such information and you automatically grant to us an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. Occasionally, we may create, test or implement new features or services on the Site in which you may voluntarily participate. By participating in such features or programs, you grant us the rights stated in this paragraph to any information you provide to or through such features or services.
Allowed Disclosures; Information Security
You acknowledge and agree that Funding Center may disclose information you provide if required to do so by law, at the request of a third-party, or if we, in our sole discretion, believe that disclosure is reasonable to (i) comply with the law, requests or orders from law enforcement, or any legal process (regardless if required by law); or (ii) protect or defend Funding Center’s, or a third-party’s, rights or property.
• We work hard to keep your information safe from unauthorized access, alteration, disclosure or destruction. In particular:
• We encrypt many of our Services using SSL.
• We regularly review our information collection, storage and processing practices, including physical security measures, to reduce the risk of unauthorized access to systems.
• We restrict access to personal information to Funding Center employees, contractors and agents who need to know that information to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.
• Notwithstanding the foregoing, Funding Center may anonymously use the information from you and your use of the Services to continue Funding Center’s research into successful business practices and to improve the Services.
Links to Third-Party Sites and Dealings with Advertisers and Sponsors
Opinions, advice, statements, offers, or other information or content provided through the Site or Services, but not directly by Funding Center, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Funding Center DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN Funding Center. UNDER NO CIRCUMSTANCES WILL Funding Center BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Funding Center NOR ANY PERSON ASSOCIATED WITH Funding Center MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER Funding Center NOR ANYONE ASSOCIATED WITH Funding Center REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR ANY PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL Funding Center, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL Funding Center BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Communication and Privacy
Term and Termination
These Terms are effective upon your use of the Site or Services and will remain in effect in perpetuity unless terminated. Either you or Funding Center may terminate your account for any reason, without explanation, effective upon written notice to the other party. Funding Center reserves the right to immediately suspend or terminate your access to the Services, without notice or explanation. We also may delete your account information or data from our Services and any other records at our sole discretion.
Terminating your account does not apply to or have any effect on any agreements with you and any other third party, including any lenders or other financial service providers you are connected with via our Service.
Access to Bank Records
Governing Law and Jurisdiction. These Terms shall be treated as though they were executed and performed in Wyoming and shall be governed by and construed under the laws of Wyoming (without regard to conflict of law principles). Any dispute arising out of or relating to these Terms shall be resolved in a binding arbitration under the auspices of the American Arbitration Association or JAMS in Wyoming under the then current Commercial Arbitration Rules of the American Arbitration Association or JAMS commercial rules. Besides all other rights and remedies a party may have, the prevailing party in any arbitration or legal action shall be entitled to an award of its reasonable attorneys’ fees and costs. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. This binding arbitration provision shall not, however, prevent either party from seeking equitable or injunctive relief in a court of competent jurisdiction.
CLASS ACTION WAIVER. ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR Funding Center WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS. FURTHERMORE, YOU AGREE THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE AGAINST ANY LENDER TO WHOM YOU ARE REFERRED HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.
LIMITATION ON TIME TO FILE CLAIMS. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Other. Unless otherwise explicitly stated, the Terms will survive termination of your registration to the Service. The failure of Funding Center to exercise or enforce any right or provision of these Terms constitutes no waiver of such right or provision. If any provision of these Terms is held invalid, the remainder of the Terms will continue in full force and effect. The section titles in the Terms are for convenience only and have no legal or contractual effect.
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