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| Introduction |
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| Welcome to Biz2Credit. By using the services on the Biz2Credit.com (the “Site”),
you are agreeing to the following terms, including those available by hyperlink,
(the "Terms") with Biz2Credit LLC and the general principles
for the Web sites of our subsidiaries and international affiliates. If
you have any questions, please refer to the FAQ section on the Site. |
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| Please read these Terms of Use Terms ("Terms") carefully. By
accessing this Web site and any pages hereof, you agree to be bound by
these Terms and conditions below. These Terms contains an Terms to arbitrate
all Claims and disclaimers of warranties and liability. These provisions
form an essential basis of our bargain. If you do not agree to these terms
and conditions, do not access this Web site. |
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| These Terms is effective on February 1, 2008, for current users, and
upon acceptance for new users. |
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| SECURITY |
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| Biz2Credit uses extensive and sophisticated secure technology to protect
your data and transmissions between you, Biz2Credit, banks, lenders, loan
brokers and other service providers participating in this Web site (we
refer to all of these as "Vendors"). Here are the highlights: |
- Transmission between browsers and our web server is implemented using
Secure Sockets Layer (SSL) technology. This technology requires an
SSL-capable browser such as MS Internet Explorer 3.0 (or later) or
Netscape Navigator 2.0 (or later).
- Transmissions between Biz2Credit and participating Vendors are encrypted
using public key cryptography algorithms with a minimum key size of
128 bits.
- Our database is physically separated from our web server and is protected
by a physical firewall.
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| Although Biz2Credit has taken these reasonable and appropriate measures
to ensure that your personal information is delivered and disclosed only
in accordance with your instructions, Biz2Credit cannot and does not guarantee
that the personal information you provide will not be intercepted by others
and decrypted. |
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| Using BIZ2CREDIT |
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| While using the Site, you will not: |
- post content or items in an inappropriate category or areas on the
Site;
- violate any laws, third party rights, or our policies such as the
Prohibited and Restricted Items policies;
- use the Site if you are not able to form legally binding contracts,
are under the age of 18, or are temporarily or indefinitely suspended
from our Site;
- manipulate the price of any item or interfere with other user's listings;
- circumvent or manipulate our fee structure, the billing process,
or fees owed to Biz2Credit;
- post or submit false, inaccurate, misleading, defamatory, or libelous
content (including personal and financial information);
- take any action that may undermine the feedback or ratings systems
(such as displaying, importing or exporting feedback information off
of the Site or for using it for purposes unrelated to Biz2Credit);
- transfer your BIZ2CREDIT account (including feedback) and User ID
to another party without our consent;
- distribute or post spam, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm Biz2Credit,
or the interests or property of Biz2Credit users;
- copy, modify, or distribute content from the Sites and Biz2Credit's
copyrights and trademarks; or
- harvest or otherwise collect information about users, including email
addresses, without their consent.
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| LOAN PREQUALIFICATION SERVICES |
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| Biz2Credit offers three loan prequalification services, each of which
is explained in more detail below. |
- The first is the traditional Biz2Credit process that occurs when
you complete a full Biz2Credit GetALoan request and get matched with
Lender(s) who will respond with loan offers. You may receive up to
3 Lender matches. Because these matches are generated from a subset
of information from the full request, the Lender(s) on the GetALoan
network will not be able to respond with customized offers until they
speak with you to get additional information.
- The second option is Biz2Credit’s GetFunded service which you
may select prior to submitting the full loan request. If you select
the GetFunded service, a Biz2Credit adviser will manage, process the
transaction for a fee. Please see our fee schedule for more information.
- The third option is Biz2Credit’s GetAdvised service which you
may select after submitting the full loan request a telephone consultation
session with a Biz2Credit adviser. Please see our fee schedule for
more information.
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| In either case, you represent that all of the information you have provided
in your GetALoan request is true and complete. By choosing an option and
submitting your loan request form, you also agree to and accept these Terms
in its entirety. |
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| Biz2Credit, LLC arranges for multiple business loan offers through its
network of nonaffiliated Lenders. By submitting the full Biz2Credit GetALoan
request form, you authorize Biz2Credit, LLC to provide your information
either to Lenders on the Biz2Credit network. |
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| Biz2Credit, LLC may arrange for multiple offers through its network of
nonaffiliated Lenders (U.S. based banks, thrifts, and finance companies). |
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| To determine which Lenders may be matched with you, Lenders provide to
us criteria about the type of loan (for example, loan amount, type of interest
rate, maximum LTV) and the type of loan customer (for example, state of
residence or creditworthiness) in which the Lender is interested. Biz2Credit,
LLC will provide your information to up to three Lenders whose criteria
match your profile. If fewer than three Lenders match your profile, you
will receive offers from fewer than three Lenders. If more than three Lenders
match your profile, Biz2Credit, LLC will match you with three Lenders that
match your preferences indicated in the GetALoan application. |
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| If you obtain a loan from Biz2Credit’s network of Lenders, at closing
you will be responsible for paying for any settlement or closing costs
associated with your loan (such as loan processing, underwriting, or funding
fees, title insurance premiums, notary fees, etc.). Biz2Credit, LLC does
not charge you a fee for its service in matching you with Lenders. |
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| Biz2Credit is not a lender and does not make loans or credit decisions
in connection with loans. Biz2Credit does not endorse or recommend the
products of any particular Lender on any of its Web sites. Biz2Credit is
not an agent of either you, the User, or any participating Lender. Biz2Credit's
services are administrative and consultative only. The Lender is solely
responsible for its services to you, and you agree that Biz2Credit shall
not be liable for any damages or costs of any type arising out of or in
any way connected with your use of such services. You understand that Lenders
may keep your loan request form. |
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| This Web site and the services provided by Biz2Credit are available only
in connection with (a) loans made in the fifty states and the District
of Columbia unless otherwise specified, and (b) to citizens and residents
of the United States. |
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| Loans may only be made to residents of, or secured by real property located
in, states where participating Lenders are licensed or authorized to make
such loans, as indicated herein under the section titled "Lenders." Lenders
are not attempting to make loans outside of their authorized states or
country by participating in and offering their products on this Web site.
Biz2Credit and/or participating Lenders expressly reserve the right to
discontinue, suspend or terminate the offering of any loan product in any
specific state through this Web site. |
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| Biz2Credit does not guarantee acceptance into any particular loan program
or specific loan terms or conditions with any participating Lender; loan
approval standards are established and maintained solely by individual
Lenders. Likewise, Biz2Credit does not guarantee that the loan terms or
rates offered and made available by participating Lenders through this
Web site are the best terms or lowest rates available in the market. Unless
expressly stated in writing, nothing contained herein shall constitute
an offer or promise for a loan commitment. |
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| Biz2Credit is paid a fee by participating Lenders for the goods, facilities
and services provided and by participating Users for consulting and advisory
services. Your use of this Web site and/or Biz2Credit's services constitutes
your Terms with this compensation arrangement. Please see our fee schedule. |
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| By hitting submit or requesting to be matched with Lenders under either
of the programs, you understand and agree that you are submitting an inquiry
as to a lending product with Biz2Credit and each of the Lenders to whom
your loan request is transmitted. By submitting the loan request containing
your electronic signature, you are extending an express invitation to each
of the Lenders making you loan offers to contact you by telephone at the
numbers you have provided so they may assist you with your transaction,
and you hereby consent to any such calls even if your phone number is on
any Do Not Call list. By saving your information with Biz2Credit and/or
submitting a loan request, you give Biz2Credit permission to make recorded
calls to remind you of any deadlines or issues in connection with your
loan request. |
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| Abusing BIZ2CREDIT |
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| Biz2Credit and the Community work together to keep the Site working properly
and the Community safe. Please report problems, offensive content, and
policy violations to us. |
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| Biz2Credit works to ensure that listed items do not infringe upon the
copyright, trademark or other rights of third parties. If you believe that
your rights have been violated, please notify our team and we will investigate. |
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| Without limiting other remedies, we may limit, suspend, or terminate
our service and user accounts, prohibit access to our Web site, delay or
remove hosted content, and take technical and legal steps to keep users
off the Site if we think that they are creating problems, possible legal
liabilities, or acting inconsistently with the letter or spirit of our
policies. We also reserve the right to cancel unconfirmed accounts or accounts
that have been inactive for a long time. |
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| Fees and Services |
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| Joining Biz2Credit and contacting vendors through the Site is free. We
do charge fees for using other services, such as listing items. When you
list an item or use a service that has a fee you have an opportunity to
review and accept the fees that you will be charged based on our Fees schedule,
which we may change from time to time. Changes to that Policy are effective
after we provide you with at least fourteen days' notice by posting the
changes on the Site. We may choose to temporarily change the fees for our
services for promotional events (for example, free listing days) or new
services, and such changes are effective when we post the temporary promotional
event or new service on the Site. |
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| Unless otherwise stated, all fees are quoted in U.S. Dollars. You are
responsible for paying all fees and applicable taxes associated with the
Site in a timely manner with a valid payment method. If your payment method
fails or your account is past due, we may collect fees owed using other
collection mechanisms. (This includes charging other payment methods on
file with us, retaining collection agencies and legal counsel, and for
accounts over 180 days past due, deducting the amount owed from your PayPal
account balance.) |
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| Biz2Credit’s Advisory Fee Schedule |
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| Loan Type |
Loan Size |
Fee |
| Asset-Backed |
Up to $1M
$1M - $2M
$2M - $5M
$5M +
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2.0%
1.5%
1.0%
.75% |
| Non-asset Backed |
Up to $100,000
$100,000 - $250,000
$250,000 - $400,000
$400,000 - $1M
$1M - $2M
$2M +
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4.0%
3.0%
2.5%
2.0%
1.5%
1.0% |
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| Content License |
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| When you give us content, you grant us a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, sublicensable (through multiple tiers) right
to exercise the copyright, publicity, and database rights (but no other
rights) you have in the content, in any media known now or in the future. |
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| Liability |
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| You will not hold Biz2Credit responsible for other users' actions or
inactions, including things they post. The Site is a venue to allow anyone
to offer just small business services or products, at anytime, from anywhere,
in a variety of pricing formats. We are not involved in the actual transaction
between vendors and vendees. We have no control over and do not guarantee
the quality, safety or legality of items or services advertised, the truth
or accuracy of listings, the ability of vendors to provide services or
products, the ability of vendees to pay for services or products, or a
completed transaction. |
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| We do not transfer legal ownership of items from the seller to the buyer,
and nothing in these Terms shall modify the governing provisions of California
Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2),
under which legal ownership of an item is transferred upon physical delivery
of the item to the buyer by the seller. Unless the buyer and the seller
agree otherwise, the buyer will become the item's lawful owner upon physical
receipt of the item from the seller, in accordance with California Commercial
Code § 2401(2) and Uniform Commercial Code § 2-401(2). Further,
we cannot guarantee continuous or secure access to our services, and operation
of the Site may be interfered with by numerous factors outside of our control.
Accordingly, to the extent legally permitted, we exclude all implied warranties,
terms and conditions. We are not liable for any loss of money, goodwill,
or reputation, or any special, indirect, or consequential damages arising
out of your use of our Site. Some jurisdictions do not allow the disclaimer
of warranties or exclusion of damages, so such disclaimers and exclusions
may not apply to you. |
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| Regardless of the previous paragraph, if we are found to be liable, our
liability to you or to any third party is limited to the greater of (a)
the total fees you paid to us in the 12 months prior to the action giving
rise to the liability, and (b) $100. |
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| This Web site may contain links to Web sites maintained by third parties.
Such links are provided for your convenience and reference only. Biz2Credit
does not operate or control in any respect any information, software, products
or services available on such Web sites. Biz2Credit's inclusion of a link
to a Web site does not imply any endorsement of the services or the site,
its contents, or its sponsoring organization. |
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| Biz2Credit is not responsible for any errors or delays in responding
to a qualification form or referral form caused by an incorrect e-mail
address provided by you or other technical problems beyond our reasonable
control. |
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| Release |
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| If you have a dispute with one or more users, you release us (and our
officers, directors, agents, subsidiaries, joint ventures and employees)
from claims, demands and damages (actual and consequential) of every kind
and nature, known and unknown, arising out of or in any way connected with
such disputes. If you are a California resident, you waive California Civil
Code §1542, which says: "A general release does not extend to
claims which the creditor does not know or suspect to exist in his favor
at the time of executing the release, which if known by him must have materially
affected his settlement with the debtor." |
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| Access and Interference |
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| The Site contains robot exclusion headers. Much of the information on
the Site is updated on a real-time basis and is proprietary or is licensed
to Biz2Credit by our users or third parties. You agree that you will not
use any robot, spider, scraper or other automated means to access the Site
for any purpose without our express written permission. |
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| Additionally, you agree that you will not: |
- take any action that imposes or may impose (in our sole discretion)
an unreasonable or disproportionately large load on our infrastructure;
- copy, reproduce, modify, create derivative works from, distribute,
or publicly display any content (except for Your Information) from
the Site without the prior expressed written permission of Biz2Credit
and the appropriate third party, as applicable;
- interfere or attempt to interfere with the proper working of the
Site or any activities conducted on the Site; or
- bypass our robot exclusion headers or other measures we may use to
prevent or restrict access to the Site.
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| Privacy |
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| We do not sell or rent your personal information to third parties for
their marketing purposes without your explicit consent. We use your information
only as described in the Biz2Credit Privacy Policy. We view protection
of users' privacy as a very important community principle. We store and
process your information on computers located in the United States that
are protected by physical as well as technological security devices. You
can access and modify the information you provide us and choose not to
receive certain communications by signing-in to your account. We use third
parties to verify and certify our privacy principles. For a complete description
of how we use and protect your personal information, see the Biz2Credit
Privacy Policy. If you object to your Information being transferred or
used in this way please do not use our services. |
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| Indemnity |
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| You will indemnify and hold us (and our officers, directors, agents,
subsidiaries, joint ventures and employees), harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due
to or arising out of your breach of these Terms, or your violation of any
law or the rights of a third party. |
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| No Agency |
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| No agency, partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by these Terms. |
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| Notices |
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| Except as explicitly stated otherwise, legal notices shall be served
on Biz2Credit's national registered agent (in the case of Biz2Credit) or
to the email address you provide to Biz2Credit during the registration
process (in your case). Notice shall be deemed given 24 hours after email
is sent, unless the sending party is notified that the email address is
invalid. Alternatively, we may give you legal notice by mail to the address
provided during the registration process. In such case, notice shall be
deemed given three days after the date of mailing. |
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| Resolution of Disputes |
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| If a dispute arises between you and Biz2Credit, our goal is to provide
you with a neutral and cost effective means of resolving the dispute quickly.
Accordingly, you and Biz2Credit agree that we will resolve any claim or
controversy at law or equity that arises out of these Terms or our services
(a "Claim") in accordance with one of the subsections below or
as we and you otherwise agree in writing. Before resorting to these alternatives,
we strongly encourage you to first contact us directly to seek a resolution
through help@biz2credit.com. We will consider reasonable requests to resolve
the dispute through alternative dispute resolution procedures, such as
mediation or arbitration, as alternatives to litigation. |
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- Law and Forum for Disputes - These Terms shall be governed in all
respects by the laws of the State of California as they apply to Termss
entered into and to be performed entirely within California between
California residents, without regard to conflict of law provisions.
You agree that any claim or dispute you may have against Biz2Credit
must be resolved by a court located in Santa Clara County, California,
except as otherwise agreed by the parties or as described in the Arbitration
Option paragraph below. You agree to submit to the personal jurisdiction
of the courts located within Santa Clara County, California for the
purpose of litigating all such claims or disputes.
- Arbitration Option - For any claim (excluding claims for injunctive
or other equitable relief) where the total amount of the award sought
is less than $10,000, the party requesting relief may elect to resolve
the dispute in a cost effective manner through binding non-appearance-based
arbitration. In the event a party elects arbitration, they shall initiate
such arbitration through an established alternative dispute resolution
("ADR") provider mutually agreed upon by the parties. The
ADR provider and the parties must comply with the following rules:
a) the arbitration shall be conducted by telephone, online and/or be
solely based on written submissions, the specific manner shall be chosen
by the party initiating the arbitration; b) the arbitration shall not
involve any personal appearance by the parties or witnesses unless
otherwise mutually agreed by the parties; and c) any judgment on the
award rendered by the arbitrator may be entered in any court of competent
jurisdiction.
- Improperly Filed Claims - All claims you bring against Biz2Credit
must be resolved in accordance with this Resolution of Disputes Section.
All claims filed or brought contrary to the Resolution of Disputes
Section shall be considered improperly filed. Should you file a claim
contrary to the Resolution of Disputes Section, Biz2Credit may recover
attorneys' fees and costs up to $1000, provided that Biz2Credit has
notified you in writing of the improperly filed claim, and you have
failed to promptly withdraw the claim.
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| Additional Terms |
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| The following policies are part of these Terms and provide additional
terms and conditions related to specific services offered on the Site: |
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- Outage Policy - http://pages.Biz2Credit.com/FAQ/policies/everyone-outage.html
- Prohibited, Questionable & Infringing Item Policy - http://pages.Biz2Credit.com/FAQ/policies/items-ov.html
- Listing Policy - http://pages.Biz2Credit.com/FAQ/policies/listing-ov.html
- Community Content Policy (covers Vendor Feedback, Blog Entries, and
Member-Created Product Descriptions) - http://pages.Biz2Credit.com/FAQ/policies/member-created-content-ov.html
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| Each of these policies may be changed from time to time. Changes take
effect when we post them on the Site. When using particular services on
the Site, you are subject to any posted policies or rules applicable to
services you use through the Site, which may be posted from time to time.
All such policies or rules are hereby incorporated into these Terms. |
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| General |
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| Biz2Credit. is located at 155 E. 55th St., Suite 302A, New York, NY 10009.
If any provision of these Terms is held to be invalid or unenforceable,
such provision shall be struck and the remaining provisions shall be enforced.
In our sole discretion, we may assign these Terms in accordance with the
Notices Section. Headings are for reference purposes only and do not limit
the scope or extent of such section. Our failure to act with respect to
a breach by you or others does not waive our right to act with respect
to subsequent or similar breaches. We do not guarantee we will take action
against all breaches of these Terms. |
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| We may amend these Terms at any time by posting the amended terms on
this Site. Except as stated elsewhere, all amended terms shall automatically
be effective 30 days after they are initially posted. Additionally, we
will notify you through the Biz2Credit Message System. These Terms may
not be otherwise amended except in a writing signed by you and us. These
Terms sets forth the entire understanding and Terms between us with respect
to the subject matter hereof. The following Sections survive any termination
of these Terms: Fees and Services (with respect to fees owed for our services),
Release, Content License, Liability, Indemnity and Resolution of Disputes. |
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| You may report complaints in writing to our headquarters at 155 E. 55th
St., 302A, New York, NY 10009 (800) 513-8180. |
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| Related Help topics |
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