TERMS OF SERVICE

OVERVIEW

These Terms of Service (“Agreement”) constitute a legally binding agreement between you and Lendvisor (each a “Party”, and collectively the “Parties”). Lendvisor is owned and operated by Lendvisor, LLC. or a subsidiary thereof (collectively, “Lendvisor,” “Us,” or We”). The Website facilitates our business funding products and related services (collectively “Services”) in which we match qualified small businesses and business owners with active banks, credit unions, alternative lenders and other sources of funding (“Funding Providers”), as described further in the section of this Agreement. In this Agreement, the words “you” and “your” refer to you, the user of Lendvisor’s site and/or applications, as the party agreeing to this Agreement. The words “we”, “us”, “our” and any other variation thereof refer to Lendvisor. Any reference to Lendvisor in this Agreement includes our officers, directors, contractors, employees, agents, owners, licensors, or licensees. By accessing this website, and any sub-sites of this website (together the “Site”), and/or using any of the Services (as defined below) accessible though the Site, you become a user and agree to, and are bound by, the terms and conditions of this agreement and the Lendvisor Privacy Policy (collectively, “Terms”) for as long as you continue to use the Site or Services. As used in this Agreement, the term “Site” includes all applications and sites that we operate in which link to this Agreement. Also included are pages within each such application or site, any equivalent mirror, replacement, substitute or backup website or application, and pages that are associated with each such application or site. The use of the word “including” in this Agreement to refer to specific examples, will not be construed to mean that the examples given are an exclusive list of the topics covered, but will be construed to mean “including, without limitation” or “including but not limited to.”

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SECTION 1 – ACCEPTANCE OF AGREEMENT

By accessing the Site and by using the Service, you agree to, and are bound by, the terms of service of this Agreement for as long as you continue to use the Site or Service. If you do not agree to be bound by this Agreement, do not use the site or the service. You may not use the Site or Service, or accept this Agreement; if (a) you are not of legal age to form a binding contract with Lendvisor; (b) you are prohibited by law from receiving or using the Service; or (c) you are not a U.S. resident. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS AND EXCLUSIVE USE

We reserve the right to refuse service to anyone for any reason at any time
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. Your account is to be used by only you, for your business needs. Accounts may not be assigned or transferred to any other person or entity, and you may not authorize others to use your account. By agreeing to these terms of service, you acknowledge that Lendvisor is not responsible for any third-party access to your account that results from misappropriation of your user name and password or theft.

SECTION 3 – NO GUARANTEES

Lendvisor may not be able to provide matches for every Registered User seeking to use its services. Once we make a Referral to any Matched Funding Provider, the Matched Funding Provider will initiate its underwriting process based on the Application Information and will determine, according to its own terms and conditions, whether to provide funding to you. Further, Lendvisor makes no guarantees as to the number of matches or the ability to obtain business funding, and you acknowledge and agree that Lendvisor has no role in a Matched Funding Provider’s decision to provide or not provide funding to you, and that Lendvisor provides the Application Information to the Matched Funding Provider on your behalf.

SECTION 4 – MODIFICATIONS TO THE SERVICE

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service.

SECTION 5 – THE SERVICE

Lendvisor offers a free subscription service to assist you with your business needs. Lendvisor matches small businesses with various Funding Providers and funding products using a combination of the user’s Profile Information and criteria mutually agreed upon by each Funding Provider and Lendvisor which, if met, would provisionally pre-qualify the user to receive funding under such Funding Provider’s terms and conditions, to meet their business needs.  As part of the Service, we request and you provide various items of information, such as, tax returns or to sync Lendvisor to your bank transactional data (the “Verified Data”) to be used in order to provide the best match for your business needs from among our partners.

SECTION 6 – ACCURACY OF AND CHANGES TO YOUR INFORMATION

You agree to provide current, complete and accurate Profile, Account, and Application Information, as well as, Verified Data. If any of the Application Information you provide is inconsistent with information derived from the Verified Data, we will automatically substitute the inconsistent Application Information with information from the Verified Data. You further agree to promptly update all your Profile Information or Account Information whenever the information provided to us is no longer accurate. You can update your information by visiting your profile page on the Site. If you need assistance in changing your information, please email us at support@lendvisor.com. By providing the Application Information and the Verified Data, you also authorize us to obtain information, including from third-party sources, to allow you to verify certain fields of your Application Information based on external information (the “External Data”). Lendvisor reserves the right to obtain External Data at any time during your use of the Service until either you or Lendvisor terminate its rights under this Agreement pursuant to Section 16. You are solely responsible for, and assume all liability regarding (a) the information and content you provide through your use of the Site and any Services, (b) the information and content you make available in any manner through the service, and (c) your interaction with any and all third-parties. Any attempt to enter information to create a duplicate account will be rejected and your account will be put on hold.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (a) to maintain any comments in confidence; (b) to pay compensation for any comments; or (c) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – USER INFORMATION

For information about the collection and possible use of information and material provided by you, please view our Privacy Policy. By using the Site or the Service, you are consenting to the terms of Lendvisor’s Privacy Policy.

You acknowledge and agree that Lendvisor may disclose information you provide us 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 (a) comply with the law, requests or orders from law enforcement, or any legal process (whether or nor such disclosure is required by applicable law); or (b) protect or defend Lendvisor’s, or a third-party’s, rights or property.

We maintain physical, administrative, procedural and technical safeguards to protect personal information from unauthorized access. In order to conduct our business and offer you the funding products and/or services that you seek from us, we may share your information within our company or affiliated companies (companies related by common ownership), contractors, and agents, who are subject to strict contractual confidentiality obligations, and may be disciplined or terminated if they fail to meet these obligations. The law allows us to share your financial information with our partners / affiliates or third parties outside of our business in order to service, market or underwrite our products and services to you. We do not disclose your information to anyone else unless allowed or required by law.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information in the Service or on any related website is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in the Service or on any related website except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. You agree to only use the Site or Services for a bona fide business purpose. You agree not to use the Site or Services for personal, family or household purposes. You may not use the Site or Services to obtain information about or make decisions about anyone but yourself and/or your business.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Lendvisor, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Lendvisor and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of (a) your use of or inability to use the Site or Services, (b) any user postings made by you, (c) your violation of any terms of these Terms or your violation of any rights of a third-party, or (d) your violation of any applicable laws, rules or regulations.  Lendvisor reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Lendvisor in asserting any available defenses.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New York.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@lendvisor.com.

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ELECTRONIC RECORD AND SIGNATURE DISCLOSURE

CONSUMER DISCLOSURE

From time to time, Lendvisor, LLC. (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically. Please read the information below carefully and thoroughly. By accessing this website, and any sub-sites of this website (together the “Site”), and/or using any of the Services accessible though the Site, you Confirm that you can access this information electronically to your satisfaction and agree to these terms and conditions.

Getting paper copies

At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. If you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.

Withdrawing your consent

If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

 Consequences of changing your mind

If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent by following the steps given in this disclosure.

All notices and disclosures will be sent to you electronically

Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

How to contact Lendvisor, LLC.:

You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:

To contact us by email send messages to: support@lendvisor.com

To advise Lendvisor, LLC. of your new e-mail address

To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at support@lendvisor.com and in the body of such request you must state: your previous e-mail address, your new e-mail address.  We do not require any other information from you to change your email address..

To request paper copies from Lendvisor, LLC.

To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to support@lendvisor.com and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any.

To withdraw your consent with Lendvisor, LLC.

To inform us that you no longer want to receive future notices and disclosures in electronic format you may:

  • Send us an e-mail to support@lendvisor.com and in the body of such request you must state your e-mail, full name, US Postal Address, and telephone number. We do not need any other information from you to withdraw consent..  The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.

Required hardware and software

Operating Systems: Windows® 2000, Windows® XP, Windows Vista®; Mac OS® X
Browsers: Final release versions of Internet Explorer® 6.0 or above (Windows only); Mozilla Firefox 2.0 or above (Windows and Mac); Safari™ 3.0 or above (Mac only)
PDF Reader: Acrobat® or similar software may be required to view and print PDF files
Screen Resolution: 800 x 600 minimum
Enabled Security Settings: Allow per session cookies

** These minimum requirements are subject to change. If these requirements change, you will be asked to re-accept the disclosure. Pre-release (e.g. beta) versions of operating systems and browsers are not supported.

Acknowledging your access and consent to receive materials electronically

By accessing this website, and any sub-sites of this website (together the “Site”), and/or using any of the Services accessible though the Site, you confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you and that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access.

By accessing this website, and any sub-sites of this website (together the “Site”), and/or using any of the Services accessible though the Site, you Agree and Confirm that:

  • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC CONSUMER DISCLOSURES document; and
  • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and
  • Until or unless I notify Lendvisor, LLC. as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by  Lendvisor, LLC. during the course of my relationship with you.