Terms of Use

1. Description of Services

Marketplace Services. We match qualified small business owners with active banks, credit unions, and other lending and commercial funding sources (the "Marketplace Services"). We help owners identify funding types and potential funders who may offer an opportunity to apply for business financing.

Other Services. We may add or change products and services over time. These Terms apply to any additional services unless we say otherwise.

2. Use of Site and Services

Exclusive Use. Your account is for your use and your business needs only. Do not authorize others to use your account. You are responsible for any access due to theft or misuse of your credentials.

Information Submitted. You are responsible for the information and content you provide and for your interactions with any third parties. Duplicate account attempts may be rejected and put on hold.

Risk Assumption. You assume all risk from interactions with third parties, including any lenders to whom you are matched, referred, or provided.

No Guarantees. We do not guarantee matches, funding offers, or that any funding will meet your needs.

No False Information. Provide accurate, true, current, and complete information. We may terminate access if information is incomplete, fraudulent, false, or inaccurate.

Legal Purpose. Use the Site and Services only for lawful purposes and in compliance with federal, state, and local laws.

Business Purpose. Use the Site and Services only for bona fide business purposes. Do not use them for personal, family, or household purposes. Do not use them to obtain information about or make decisions about anyone other than you and your business.

3. Intellectual Property Rights

Ownership. We own all rights in and to the Site and Services. Laws protect these rights. You may use the Site and Services only as authorized in these Terms. Do not copy, reproduce, distribute, create derivative works, reverse engineer, or decompile any part of the Site, Services, or related technology.

No Use of Confidential or Proprietary Materials. Do not post, copy, modify, transmit, disclose, publicly show, create derivative works from, distribute, or commercially use confidential information or any copyrighted materials, trademarks, or other proprietary information without written consent from the owner.

License to Provided Content. If you provide information or content through the Site or Services, you grant us a worldwide, non-exclusive, irrevocable, perpetual, royalty-free license to use, reproduce, perform, display, distribute, and create derivative works from that content, and to sublicense those rights, as needed to operate, improve, test, or provide the Services.

4. Third-Party Links and Dealings

The Site and Services may include links to third-party sites and promotions. We are not responsible for content on third-party sites or for dealings between you and third parties. Your interactions with third parties are solely between you and them. See our Privacy Policy for how we use information.

5. Disclaimer of Warranties

We provide the Site and Services "as is" and "as available." We make no warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be secure, uninterrupted, error-free, or meet your requirements.

Opinions or content made available through the Site or Services by third parties are those of their authors. We do not guarantee the accuracy, completeness, or usefulness of such information and are not responsible for losses resulting from reliance on it.

Beta Features. We may offer experimental or beta features. They are provided without warranties and may be changed or discontinued.

6. Limitation of Liability

In no event will we be liable for any indirect, incidental, special, consequential, or exemplary damages, including lost data, service interruptions, or procurement of substitute services, even if advised of the possibility.

Our aggregate liability in any action related to these Terms or your use of the Site or Services will not exceed the price you paid for your account or subscription, or if you did not pay us, twenty-five dollars (USD $25.00).

To the maximum extent permitted by law, we are not liable for the conduct of you or anyone else in connection with the Services.

We may use methods to verify information but none are perfect. We have no liability for incorrectly verified information.

7. Indemnification

You agree to indemnify and hold harmless lendingenius, our officers, directors, employees, and agents from losses, costs, liabilities, and expenses, including reasonable attorneys' fees, arising from:

• your use or inability to use the Site or Services,
• content you post or provide,
• your violation of these Terms or of third-party rights, or
• your violation of laws or regulations.

We may assume the exclusive defense of any matter, and you will cooperate with our defense.

8. User Information

Privacy Policy

By using the Site or Services, you consent to our Privacy Policy.

Disclosure by Law

We may disclose information if required by law or if we believe disclosure is reasonable to comply with law, legal process, or to protect rights or property.

Information Security

We use industry-standard measures to protect information, including encryption where appropriate, reviews of practices, and access limits to personnel with confidentiality obligations.

Research Use of Anonymous Information

You agree that we may use de-identified or aggregated information to research and improve the Services.

License Regarding Your Content

You retain ownership of your content. You grant us a perpetual, non-exclusive, irrevocable, royalty-free license to reproduce, adapt, edit, modify, translate, publish, transfer, and distribute your content as needed to perform the Services, including sharing with trusted service providers and transmission over networks. We may make necessary changes to your content to provide the Services.

9. Restrictions

You will not, and will use reasonable efforts to ensure third parties do not:

• Use the Services as a money services business, money transmitter, payment intermediary, aggregator, or service bureau, or resell the Services.
• Use the Services on behalf of a third party.
• Abuse or misuse the Services.
• Use the Services in violation of agreements you have with payment or data providers, including WePay, PayPal, Square, Stripe, or Plaid.
• Create a similar product or service using access to the Services.
• Use the Services in violation of any law or to commit fraud.
• Use the Services for personal bank accounts.

10. Dispute Resolution by Binding Arbitration; Class Action Waiver

You and lendingenius agree that either party may elect to resolve any dispute through binding arbitration instead of court.

A. Scope

This applies broadly to all claims arising out of or relating to our relationship, whether based in contract, tort, statute, fraud, or any legal theory, including claims that predate these Terms and claims after termination.

B. Exceptions

This does not waive either party's right to:

• pursue enforcement actions before agencies,
• seek injunctive relief in a court of competent jurisdiction, or
• file suit for intellectual property claims.

C. Arbitrator and Rules

Arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, as modified by this Section.

D. Notice and Process

To start arbitration, a party must send a written Notice of Dispute by certified mail to:

lendingenius LLC, Attn: Legal

The Notice must describe the dispute and the relief sought. If we cannot resolve the dispute within 30 days after the Notice is received, either party may commence arbitration.

E. Fees

If you commence arbitration, we will reimburse your AAA filing fee upon request unless your claim exceeds $10,000. For claims over $10,000, fees will be allocated under the AAA Rules. If the arbitrator finds your claims are frivolous or filed for an improper purpose under Federal Rule of Civil Procedure 11(b), you will reimburse our fees paid on your behalf.

F. Hearing Location and Decision

For in-person hearings, the venue will be Denver County, Colorado, unless we agree otherwise. The arbitrator will issue a written decision with essential findings and conclusions.

G. No Class Actions

Arbitration and litigation must proceed on an individual basis only. The arbitrator may not consolidate claims or preside over any class or representative proceeding.

H. Opt-Out

New users may opt out of this arbitration agreement within 30 days of first accepting these Terms by mailing a signed opt-out notice to the Notice address above that includes your name, address, and the email and username associated with your account. If you opt out, the rest of the Terms still apply.

I. Modifications

If we change this arbitration provision in the future, you may reject the change by written notice within 30 days. If you reject, your account will terminate and the prior version of this provision will apply to disputes.

J. Severability

If any part of this Section is found unenforceable, the remaining parts remain in effect. If the entire Section is unenforceable, Section 12 (Controlling Law and Jurisdiction) governs venue and jurisdiction.

11. Telephone Communications and Consent to be Contacted

Recording and Monitoring

Calls to or from us or our agents may be monitored and recorded.

Providing Contact Information

You verify that the contact information you provide is accurate and that you own any phone number provided. Notify us of changes by replying STOP to any text we send you or by emailing [email protected].

Consent to Automated Calls and Texts

By providing a telephone number, you consent to receive autodialed or prerecorded calls and texts related to promotions, your account, applications, transactions, and your relationship with us, even if your number is on a Do Not Call list. Consent is not required to purchase goods or services. For inquiries without consent, email [email protected].

Opt-Out Instructions

Texts: Reply STOP to any message. You may receive a final confirmation text. If we use multiple short codes, send STOP to each.

Calls: Email [email protected] with your name, mailing address, account number, and the phone number to stop automated calls.

Allow up to 30 days to process opt-outs. We may still place non-automated calls. Third parties may continue to contact you. Contact them directly to adjust preferences.

Fees

Message and data rates may apply.

Unauthorized Use

Notify us right away of any unauthorized use of your telephone device.

Your Indemnification

You agree to indemnify us for claims arising from numbers you do not own or failure to notify us of number changes, including claims under the TCPA and similar laws.

Release

You release us from claims related to calls or texts, including under the TCPA and similar laws.

General

You are responsible for devices, software, and services needed to receive calls or texts. Availability depends on your carrier and device.

Text Message Terms and Conditions

By opting in to an lendingenius text program, you agree to these Terms, including arbitration and the class action waiver. You authorize us to use autodialer or non-autodialer technology to send texts to the number you provided. Marketing content may be included. You do not have to opt in as a condition of purchase. For help, reply HELP or contact [email protected]. Carriers are not liable for delayed or undelivered messages. See our Privacy Policy.

12. General Provisions

Controlling Law and Jurisdiction

These Terms are governed by Colorado law, without regard to conflict of laws. Subject to Section 10, the exclusive jurisdiction and venue for disputes is the state and federal courts located in Denver County, Colorado. You agree that violations may cause us irreparable harm and that we may seek injunctive relief without posting a bond.

These Terms, the Privacy Policy, and any applicable payment or service-specific terms are the entire agreement and replace prior agreements related to the Site or Services. FAQs are informational only.

If a provision is invalid, the rest remains in effect. Our failure to enforce a provision is not a waiver. Any claim related to the Site or these Terms must be filed within one year after it arises.

13. Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork, and code on the Site (the "Content"), including design, structure, coordination, selection, look and feel, and arrangement, are owned by or licensed to lendingenius and are protected by law. Unauthorized use is at your own risk and we may enforce our rights.

14. Confidentiality

We take reasonable precautions to protect your account and information but cannot guarantee security. Be careful when sharing account access with employees, contractors, vendors, or suppliers. You are responsible for your data security. Our Privacy Policy also applies.

15. Notification of Changes

We may update these Terms to reflect changes in our operations, vendors, or policies. If we make material changes, we will notify you by email to the address in your account or by posting a notice on the Site. We will update the Effective date when we make changes.

16. Term and Termination

These Terms are effective when you first use the Site or Services and remain in effect until terminated. We may suspend or terminate your access at any time, with or without notice, for any reason. We may retain account information as needed to comply with legal and regulatory requirements. If your access is suspended for breach, all fees paid are nonrefundable and outstanding amounts become due immediately. You may terminate your account by following the "Cancellations" instructions in your account or by contacting [email protected]. Sections 10 and 11 survive termination.