Terms of Use

Introduction

Welcome to Legacy Business Funding. The following terms and conditions (these "Terms of Use"), together with any documents they expressly incorporate by reference, govern your access to and use of www.legacybusinessfunding.com (the "Website"), including any products, content, and services offered on or through the Website and any related applications, networks, communication channels or other services provided by us (collectively, the "Services").

Please read the Terms of Use and Service carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, and our Privacy Policy, incorporated herein by reference. All information we collect on this Website is subject to our Privacy Policy. If you do not want to agree to these Terms of Use and Service or the Privacy Policy, then please do not use the Website or the Services.

Legacy Business Funding reserves the right to make unilateral modifications to these Terms of Use and Services at any given time. Each modification will be effective upon posting on this Site. You agree to be bound to any changes to this Agreement when such modifications are posted on the Website. If you do not agree to any of these terms, then please do not use the Website or the Services.

Description of Services

Legacy Business Funding operates and acts as an intermediary and marketplace for small business owners and users to obtain funding and/or information about small business financing products, certain loans and other financing products and services through Legacy Business Funding and its third-party service providers, including but not limited to, banks, specialty finance companies, private companies, family offices and other lending sources. We do not, and will not, make any coverage or credit decision with any service provider that may be referred or introduced to you through our Services. We do not (i) validate the licensing, certification, or other qualification of Service Providers that you may encounter through our Services, (ii) guarantee the terms or rates offered by any third party through or on our Services, or (iii) issue credit cards or any other financial products.

No Guarantees. Legacy Business Funding may not be able to provide matches for every use and/or business seeking to use the Services. Legacy Business Funding makes no guarantees as to the number of matches or the suitability of the business funding for any individual or business which utilizes the Services.

We are not responsible for the conduct or policies of the service providers. The terms and rates provided by any service provider will be subject to the applicable terms and conditions of the products and services offered by the service providers.

Eligibility

This Website and our Services are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or any of the Services.

Use of Site and Service

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in whole or in part, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website to users.

In order to access some of the Services, you may be required to provide certain contact information, including your email, through our Website. You agree that all information you provide directly to us on our Website or through other communications with us is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

In order to receive information about financial services and products from third party service providers, you will be required to submit a request ("Information Request") that provides certain information about yourself to third parties, depending on the financial information requested, such as your email address, phone number, date of birth, social security number, bank account information, credit score, financial information, and homeowner status ("User Data"). You represent and warrant that all User Data that you submit is true and accurate, and that you are authorized to share it with us. You agree that all User Data submitted in an Information Request is governed by the privacy policies of such service provider or third party to whom you submit the Information Request. You authorize the service providers and their affiliates to conduct all necessary research with your User Data for purposes of providing you with the information you request.

By providing us with contact information through the Website or any of the Services, you agree to receive communications from us, either directly, on our Website, or through a third party, including via email, calls and SMS text messages. We may also contact you by telephone using an automated dialing system along with a pre-recorded message, voicemail messages, or interactive voice response system. These calls may be for information and marketing purposes, including to provide you with information about Legacy Business Funding services. Standard text message and minute charges applied by your cell phone carrier will apply. If you wish to opt out of these communications, please either follow the unsubscribe options in the email itself or email Legacy Business Funding at [email protected]. You may update your contact information by contacting us at [email protected]. Additionally, by submitting Information Requests, you consent to be contacted by the relevant service providers via email or telephone or SMS text messages.

Any content or information provided by user will be considered non-confidential and non-proprietary. You agree to provide accurate, true, current and complete information. In the event that Legacy Business Funding determines that the information that is provided is incomplete, fraudulent, false, or otherwise inaccurate, Legacy Business Funding reserves the right to terminate your access to the Services.

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.

Intellectual Property Rights

You hereby acknowledge and agree that Legacy Business Funding is the owner of all rights in and to the Website and Services. Federal, state, and local laws and regulations protect these proprietary rights. You are permitted to use the Site and Services only as expressly authorized by these Terms. You may not copy, reproduce, distribute or create derivative works, reverse engineer or reverse compile any of the Site or Services or technology.

You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) confidential information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Site or Services, without first obtaining the prior written consent of the owner of such proprietary rights.

By providing information or content to any account or public area of the Site or Service, you automatically grant, and you represent and warrant that you have the right to grant, to Legacy Business Funding and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, 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.

User Contributions to and by Third Parties

The Website and Services may contain links to websites of third-parties, including without limitation, advertisers, which are not under the control of Legacy Business Funding, and Legacy Business Funding is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such websites. Legacy Business Funding provides these links to you as a convenience, and the inclusion of any link does not imply that Legacy Business Funding endorses or accepts any responsibility for the content on such third-party websites.

Your correspondence or business dealings with, or participation in promotions of, advertisers or third-parties found on or through the Site or Services are solely between you and such advertiser or third-party. You agree that Legacy Business Funding will not be responsible or liable for any loss or damage of any sort incurred as the result of the presence of such advertisers on the Site or Services.

Prohibited Uses and Content

You may use the Website and the Services only for lawful purposes and in accordance with these Terms of Use. You agree to not use the Site or Services for any illegal purpose. You will only use the Site or Service in accordance with federal, state and local laws. You agree to not violate the Terms of Use for the Website.

Indemnifications

You agree to defend, indemnify and hold harmless Legacy 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, judgments, 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.

Limitation of Liability

In no event will the company, 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, or any services or items obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages. If, notwithstanding the foregoing disclaimer, the company is determined to be liable to you, you agree that in no event shall the company's total liability exceed US $50.00.

No Warranty or Guaranty

By using our Services, including submitting an application for small business financing on our Website or forms, you expressly acknowledge and agree that Legacy 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, Legacy Business Funding does not represent, warrant or guarantee that you will qualify for or obtain a business funding product in the amount requested or at all. In all cases, credit, lending and funding decisions are made only by the Funders and other Third Party service providers at their sole discretion.

The Services are provided on an "as is" and "as available" basis and, to the maximum extent permitted by applicable law, they are provided without warranties of any kind, whether express or implied.

Disclaimer

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data.

Governing Law

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule.

Arbitration

All claims and disputes (excluding claims for injunctive or other equitable relief) in connection with the Agreement or the use of any product or service provided by Legacy Business Funding that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Arbitration shall be initiated through the American Arbitration Association ("AAA"). The AAA Consumer Arbitration Rules ("Arbitration Rules") governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879.

Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Legacy Business Funding should be sent to: 90 Canal Street, Boston, Massachusetts 02114.

Waiver of Jury Trial

The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.

Waiver of Class or Consolidated Actions

All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

Severability

If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

Entire Agreement

These Terms of Service constitute the entire agreement between you and Legacy Business Funding with regard to your use of the Site and the Services. Any and all other written or oral agreements or understandings previously existing between you and Legacy Business Funding with respect to such use are hereby superseded and canceled.

Contact Information

Legacy Business Funding
90 Canal Street
Boston, Massachusetts 02114

All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: [email protected]

Thank you for visiting www.legacybusinessfunding.com