Terms of Service
Last Updated: June 5, 2014
Thank You for Choosing to Join Biz2Credit's Global Business Community!
1. Biz2Credit Tools, Content, Community and Services.
Biz2Credit Tools and Services. Your use of Biz2Credit products, services and websites is subject to and governed by these Terms of Service ("Terms" or "Terms of Service"), which constitute a binding legal agreement between you and Biz2Credit. "Biz2Credit" or "Company" or "we" means Biz2Credit Inc., 462 Seventh Avenue, 20th Floor, New York, New York 10018. Biz2Credit is a leading financial services portal for small and medium-sized business enterprises ("SME's") that offers a range of services to its customers through its web site located at http://www.biz2credit.com and related Biz2Credit websites, including mobile applications and versions thereof (collectively, the "Site" or "Platform"). Biz2Credit's business tools and services are summarized below. The terms "you", "your" or "yourself" refers to the SME business owner(s), together with the SME and its officers and controlling persons.
- Business Finance Services. Biz2Credit can help your small or medium-sized businesses find a business loan, merchant cash advance or other financing products (collectively, "loan", "funding" or "funding product", as applicable) through its network of banks, lenders, providers of merchant cash advances or other financing products (collectively, "lenders" or "funding providers", as applicable). These business finance services (collectively, "Business Finance Services") are discussed in more detail in Section 8 below.
- Business Resources. Biz2Credit offers a wealth of information and tools for small and medium-sized businesses, including case studies of how we've helped other businesses expand and meet certain challenges and resources to track down government-sponsored small business programs.
- Small Business Lending Index. The Biz2Credit Small Business Lending IndexTM presents data, analysis and trends based on monthly loan applications generated on the Site. The Index reports the loan approval rates of small business financing requests at big banks ($10 billion+ in assets), local and regional banks and non-bank lenders (credit unions, Community Development Financial Institutions (CDFI), micro lenders, and others). The Index results are based on primary data submitted monthly by the applicants for funding on Biz2Credit's online lending platform, which connects small business borrowers with over 1,000 lenders nationwide.
- Business Tools. Among our suite of business tools to help you value your own and other businesses, the powerful BizAnalyzer® tool can help you assess the risk profile of your business against the lending criteria of over 1,000 financial institutions and your risk profile by industry peers.
- Dynamic Dashboards. Each customer has free access to Biz2Credit's business loan and credit dashboard, which offers BizAnalyzer® scores and business creditworthiness updates, along with critical information regarding the customer's loan options. A version of this dashboard is also available to lenders and other funding providers that are part of Biz2Credit's network. Using the dynamic Dashboard, customers can analyze and compare their loan options at any time based on amount offered, processing times as well as interest rates, repayment terms and whether and when renewals will be offered, and lenders and funding providers can more efficiently monitor transactions.
- Document Storage. Biz2Credit provides state of the art document storage and access through its DocVaultTM system, which is available free of charge to all registered users.
- Mobile Application. Biz2Credit's Platform includes access to a mobile application which relies on your wireless service, your mobile device's GPS antenna coverage and the wireless coverage within the area in which you are located at that time. To use Biz2Credit's mobile application, your location and caller identification must be activated to enable Biz2Credit to validate your Account (as defined), Security Credentials (as defined) and any Biz2Credit Services associated with the applicable mobile device
- Spanish Language Site. Biz2Credit also offers a Spanish language version of its Site in order to better assist one of the fastest growing segments of the country's SME business community.
- Free Business Loan Consultation. Biz2Credit offers a free loan consultation to every customer regarding their business loan and/or funding options, including direct access through the dynamic Dashboard and free online chat with one of our loan specialists.
- Biz2Credit Content and Community. Biz2Credit also offers a wealth of original and other content relating to your business and the commercial loan and funding process, together with blog, expert forums, Q&A and other community features. In addition, this vertically integrated network allows users to access the Biz2Credit global business community ("Community") of other professionals, advice and services. Biz2Credit's Community also includes social media channels such as Facebook, Twitter and Instagram (collectively, "Social Media Channels"). As provided in Section 7 below, you must use all Social Media Channels both in accordance with these Terms and also the terms, conditions and rules of the respective Social Media Channels.
- Biz2Credit Content. Biz2Credit also offers articles, its eNewsletter and other content (collectively in all formats and media, "Content") to all registered users. This Content is intended to provide Biz2Credit users with information critical to the successful operation and expansion of their business.
- Biz2Credit Services. The tools, resources, services, Content and Community features offered by Biz2Credit on its Site, including without limitation the Business Finance Services described in Section 8, are collectively referred to as "Services".
Business Plans. Biz2Credit can provide your business with a business plan ("Business Plan"). A Business Plan may assist your business with or accelerate the process of obtaining a loan or other funding product. If you are interested in obtaining a Business Plan, you must agree to certain terms and conditions beforehand. As discussed below, purchasing a Business Plan does not guarantee that you will qualify for or obtain a business loan or other business funding.
By accessing this Site or using any Services, you hereby agree to the Terms. You further agree to use any Services solely in accordance with the Terms. If you do not agree to any of these Terms, you must stop using this Site and any Services immediately.
2. The Terms Constitute a Binding Legal Agreement between you and Biz2Credit.
- Binding Legal Agreement. Biz2Credit's provision of Services to you is expressly subject to these Terms, which constitutes a binding legal agreement between you and Biz2Credit effective upon your use or access of the Site. Please read these Terms carefully before using the Site or accessing any Services. By accessing or using the Site or Services or by merely browsing the Site, you agree to be legally bound by these Terms and all obligations applicable to Site users set forth in the Terms. If you do not agree with and accept the Terms in their entirety, including all provisions incorporated herein, you may not use the Site or any Services. It is your responsibility to periodically review and understand all terms and conditions set forth in these Terms, and to use the Site in accordance with the Terms and applicable law. If you have any questions about the Terms, please email us at email@example.com or contact us in writing per the information posted at the end of the Terms.
- Changes to the Terms. Biz2Credit reserves the right to change or modify any of the terms and conditions contained in the Terms at any time and in its sole discretion. If we do so, we will change the "last updated" date of the Terms. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Site after such time will constitute your acceptance of and agreement to such changes or modifications. You should periodically review the Terms so that you understand the terms and conditions that apply to your use of the Site. If you do not agree with the changes, you must stop using the Site and you are also free to cancel your Account without further obligation by notifying us as provided above.
- Other Important Provisions. You may not use this Site, or access or use Services offered on the Site, if (i) you are a United States resident and are less than 18 years of age; (ii) you are not of legal age to enter into a binding legal contract with Biz2Credit under the laws applicable to you, or (iii) you are legally barred from using or accessing this Site or any Services under the applicable laws in your country of residence.
- Terms Agreement. These Terms include all Legal Provisions (as defined) and all provisions incorporated herein, and are sometimes referred to as the "Terms Agreement".
3. Other Services.
In addition to the terms and conditions of the Terms Agreement, which are applicable to the users of the Site or any Services, certain Services, such as loan or funding product application or Business Plan services, require you to enter into additional agreements with Biz2Credit before you can access such Services. The Company's ability to provide and your eligibility to receive certain products or services may also depend on the State in which you reside or in which you have requested the product or services to be provided.
5. Legal Provisions.
As described above, the Terms Agreement includes the Legal Provisions described in this Section 5 and also Section 14, 15 16 and 17 of these Terms (collectively, "Legal Provisions"). By agreeing to the Terms Agreement, you also agree to at all times access and use this Site and any Services in accordance with, the Legal Provisions specified above.
- Proprietary and Intellectual Property Rights. You acknowledge that, except as expressly otherwise stated in the Terms, Biz2Credit owns all (i) right, title and interest in, and (ii) patent, trademark, copyright and other intellectual property rights (collectively, "Intellectual Property Rights") in and to all Content and Services made available to you through the Site. Biz2Credit® and BizAnalyzer® are federally registered trademarks of Biz2Credit. The Biz2Credit Small Business Lending IndexTM, Biz2SignTM, Biz2BankTM, Biz2CashTM and DocVaultTM are trademarks under the laws of the United States and other countries of Biz2Credit Inc. In addition, the Site features the names and logos of our partners and affiliates. You expressly agree that you will not acquire any Intellectual Property Rights in (i) the Biz2Credit name, logo or other Biz2Credit trademarks, (ii) the name, logo or other trademarks of Biz2Credit's partners or affiliates posted on the Site or (iii) Content owned or licensed by Biz2Credit or any third party.
- Restrictions on Use and Disclosure. You may not use the trade names, trademarks, service marks, logos, domain names or distinctive brand features of Biz2Credit or any advertiser, partner or affiliate of Biz2Credit without the Company's prior written permission. You further acknowledge that if any Services contain information expressly designated as confidential by Biz2Credit, you will not disclose any such confidential information without Biz2Credit's prior written permission.
- Site Content. You agree that all Content you may access on the Site is the responsibility of the person who posts or otherwise makes such Content available on the Site, and that Biz2Credit does not have any responsibility or liability with respect to any such third-party Content. With respect to Content that you did not originate, such Content may be protected by Intellectual Property Rights of advertisers, partners, affiliates or other third parties. You may not modify, license, sublicense, distribute or create derivative works based on such Content, either in whole or in part, unless you have been specifically authorized to do so in a separate written agreement signed by the Content owner. Biz2Credit monitors Content from time to time and reserves the right to remove any Content from the Site which it deems objectionable or potentially infringing at its sole discretion.
- You are responsible for Your Content. You agree that you are solely responsible, and that Biz2Credit has no responsibility to you or any third party, for any (i) Content that you create, transmit, or display while using the Services and (ii) all consequences, losses and damages of any kind incurred by any third party (including Biz2Credit) arising from your Content.
- License regarding Your Content. You retain ownership of, and Biz2Credit does not claim ownership rights in, your original Content. However, by submitting, posting or otherwise displaying your Content on the Site, you hereby grant to Biz2Credit a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to: reproduce, adapt, edit, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, upload, publish or display (collectively, "post") on the Site in connection with any Service or Community feature. You agree that this license includes the right for Biz2Credit to make such Content available to other companies, organizations or individuals with whom Biz2Credit has relationships for the provision of business, and to use such Content in connection with the provision of Services or Community features. You understand that Biz2Credit, in order to display Content on the Site, may (a) transmit or distribute your Content over various public networks and in various media and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You hereby authorize Biz2Credit to take these actions in whole or in part.
- License from Biz2Credit. Biz2Credit grants you a personal, royalty-free, non-assignable, non-transferable and non-exclusive license to use the Services and Community features made available to you on the Site on the following terms and conditions: (i) this license is for the sole purpose of enabling you to use and enjoy the benefit of the Services and Community features as provided by Biz2Credit, and solely in the manner permitted by these Terms; and (ii) you may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of Content or any Service or software component or any part thereof, without the express prior written permission of Biz2Credit.
- Copyright Infringement. If you believe that any Content on the Site infringes your copyright, you must notify Biz2Credit's Designated Agent as provided below in a manner that conforms to the Digital Millennium Copyright Act, Section 512(c)(3). In addition, if you feel that your trademark or other Intellectual Property Right has been or is being violated through use on the Site, please contact us either through our website: firstname.lastname@example.org, or by writing to:
- Other Legal Provisions. In addition, you agree to the Terms Agreement, which includes the additional Legal Provisions set forth in Sections 14, 15, 16 and 17 of these Terms.
462 Seventh Avenue, 20th Floor
Attention: President/General Counsel
New York, New York 10018
Telephone: (212) 644-4555 x 104 or 110
Facsimile: (212) 671-1454
Email: email@example.com and firstname.lastname@example.org
6. Provision of Services by Biz2Credit.
- In General. You acknowledge that the Services are provided to you at the discretion of Biz2Credit.You further acknowledge and accept that some of the Services offered by Biz2Credit may be provided by Biz2Credit or its subsidiaries, partners or affiliates. If Biz2Credit disables access to your Account, you may be prevented from accessing the Site, Services or Community features and any Account details or any files or other content which is contained in your Account. You may stop using the Services at any time.
- Change in Services. You acknowledge that the form and nature of the Services which Biz2Credit currently provides, as well as the loan and funding products and services offered by lenders and other funding providers may change from time to time without prior notice to you, and that Biz2Credit may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Biz2Credit's sole discretion, without prior notice.
- Software Updates. The web browser or other software which you use may automatically download and install updates from time to time from Biz2Credit as required to update the Site or any Services. These updates are designed to improve, enhance and further develop the Services, and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive and accept such updates (and permit Biz2Credit to deliver these to you) as part of your use of the Services.
- Notices. If we wish to notify you, we may: (i) email you at the contact information you provide in your Registration Data (as defined); (ii) post a notice to specified parties (i.e., customers, lenders, etc.) in the Dashboard area of your Account; or (iii) post the notice elsewhere on the Site, as appropriate in our sole discretion.
- Consent to Electronic Communications. By accessing the Biz2Credit Platform or using any Services, you agree that all communications may be provided or made available to you electronically via email or on our Site. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with Biz2Credit or any lender, funding provider or other service provider accessed through our Platform. In order to access and retain such communications electronically, you will need to use appropriate hardware and software. If you are accessing our Platform through a mobile device, it is your responsibility to print and save records of all such communications. If you have any questions, please contact us by email or post as provided in Section 5 above.
7. Your Use of the Services - General.
- Use of Services in accordance with Applicable Law. You agree to use the Services only for purposes that are permitted by any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including, without limitation, (i) any laws regarding the export of data or software to and from the United States or other relevant countries and (ii) in the case of lenders and other credit providers using the Services, in compliance with applicable law, including without limitation the Equal Credit Opportunity Act ("ECOA"), Regulation B promulgated under ECOA ("Regulation B"), the Fair Credit Reporting Act and the Fair Housing Act.
- Use of Services in accordance with the Company's Anti-Discrimination Policy. The Company's Anti-Discrimination Policy is fundamental to its operations and overall business philosophy. Any lender or other creditor must also comply with this fundamental Company policy in connection with its use of Services: Discrimination in any part of the loan or application process is not only unlawful, Biz2Credit strongly believes that it is also immoral. Accordingly, the Company does not tolerate discrimination or any action having a discriminatory or discouraging impact, on any basis prohibited under applicable law, including, but not limited to, race, color, religion, national origin, sex, sexual preference, gender identity, marital status, familial status, age, handicap or disability, excluding only special-purpose loan programs authorized by law.
- Registration and other Information you provide to Biz2Credit. If you wish to access case studies, financial calculator tools, the Newsletter, Small Business Lending IndexTM, the Expert Network or simply browse our Site, no prior registration is required. However, if you wish to use any other Services, including without limitation DocVaultTM, BizAnalyzer®, the business loan and credit Dashboard, Business Finance Services (as defined in Section 8 below) or participate in Community features, you must in all such cases register with Biz2Credit. You will also be prompted to register if you attempt to use or access such Services. Once you provide the required information and accept the Terms, we will issue you an encrypted, password-protected account ("Account"). You are responsible for all Account activity and for ensuring that your use or access to your Account and/or Biz2Credit's Platform complies fully with the Terms, including the safety and security of all user names, IDs, logins, passwords, PINS or other then-current security features (collectively "Security Credentials"). In order to access the Services for which registration is required, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Biz2Credit will always be accurate, correct, up to date, and complete in terms of all information as may be requested on the Site ("Registration Data").You agree to maintain and promptly update your Registration Data and/or Security Credentials, together with any other information you provide to Biz2Credit, and to keep all such information accurate, current and complete. In addition, in order to maintain or enhance Account security or to remedy any actual or suspected security breach or violation, you agree to cooperate with us in any investigation and to use any preventive measures Biz2Credit prescribes.
- Social Media Channels. Your use of Biz2Credit's Community Forum is subject to and must comply with Biz2Credit's Terms of Service, and also with the terms, conditions and rules of all third party Social Media Channels. Biz2Credit requires that all statements made about it and any Biz2Credit Services be accurate, not misleading and not contain unsubstantiated statements. Because your comments/opinions may be considered an "endorsement," it is important that they reflect your honest opinions, beliefs and findings and that you promptly disclose if you received anything of value in exchange for your statements.
- You are responsible for your Account. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any Account you use to access the Services. You hereby accept all risks of unauthorized access to the Registration Data and any other information you provide to Biz2Credit.You are responsible for all activity on your Biz2Credit Account, and for all charges incurred by you for your Biz2Credit Account. If you become aware of any unauthorized use of your password or of your Account, you agree to notify Biz2Credit immediately at email@example.com.
- Prohibited Activities. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Biz2Credit, unless you have been specifically allowed to do so in a separate written agreement with Biz2Credit.You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and further agree that you will comply with the instructions set out in any robots.txt file present on the Services. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services) Unless you have been specifically permitted to do so in a separate agreement with Biz2Credit, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
8. Business Loan, Merchant Funding and other Financing Services.
Biz2Credit offers a variety of business loan services to its customers designed to assist SME's in analyzing, comparing and applying for commercial loans, merchant funding products or other business financing products or services. However, any loan or funding product will be subject to final approval by lenders or funding providers and signed credit agreements and other related documents (collectively, "definitive documentation"). If you wish to use any Business Finance Services, you must first register with Biz2Credit and expressly accept the Terms. In order to access Business Finance Services online, you must first complete and submit a Funding Qualification Form [ upon registration, without charge or other obligation. Certain additional services, such as Business Plans or credit reports, are available on a fee-basis as posted on the Site. If you wish to use Business Finance Services, you will also be required to accept the Business Finance Services terms and conditions (the "Business Finance Terms and Conditions"), which include authorizing Biz2Credit to access and share certain personal and financial information and documents with potential lenders or other funding providers. Biz2Credit does not charge a registration, subscription or other fee specific to your use of Biz2Credit's Platform or to submit our Funding Qualification Form. However, you may be required to pay certain fees (including third-party fees) and/or expenses for additional services (such as appraisal, credit reports or other items) incurred in connection with required documents for your proposed loan or funding product application. In addition, in connection with the funding of any loan or other funding products, certain fees may be payable to Biz2Credit and/or the lender or funding provider, as applicable, in each case as may be set forth in the definitive documentation. All fees and other costs associated with any loan or other funding product will be disclosed prior to closing your proposed loan or other funding product. In addition, standard data and text rates may apply for each text message sent from and received by your mobile device as determined by your wireless provider. Please contact your wireless provider for complete data, text and other pricing details.
Limitations and Disclaimers. Business Finance Services are offered to businesses for commercial loans and other funding products or other loans for our business customers. Biz2Credit does not arrange any loans secured by a dwelling, residence or other non-commercial real estate, except as may be required in the case of certain Small Business Administration (SBA) loans. In addition, Biz2Credit's Business Finance Services are limited in all cases to providing our customers with services related to loan applications and other business funding and other financing options. Except as otherwise specified by the Company, Biz2Credit's funding qualification or application forms do not constitute "applications" for credit within the meaning of Regulation B. Biz2Credit does not negotiate or offer to negotiate specific loan terms with lenders or other funding providers. In addition, the Company's ability to provide, and your eligibility to receive certain Business Finance Services may also depend on the State or region in which you reside or in which you have requested such Services. Accordingly, not all Business Finance Services may be available to you. Your use of any Business Finance Services is expressly subject to your compliance with all requirements set forth in the Terms Agreement. Biz2Credit assists customers in all phases of the application process, but does not issue commitments, make credit decisions, make loans or provide funding. All credit decisions are made exclusively by the lender or funding provider at its sole discretion.
- No Guarantee. By submitting any Funding Qualification Form or other loan or funding product application, or by accessing or using any Business Finance Services, you expressly acknowledge and agree that Biz2Credit does not represent, warrant or guarantee that you will qualify for or obtain a business loan or other business funding product. In addition, while purchasing a Business Plan may increase your chances of obtaining a business loan or other funding and in certain cases are required, Biz2Credit does not represent, warrant or guarantee that you will qualify for or obtain a business loan or other business funding product. In all cases, credit, lending and funding decisions are made only by the lender or other funding provider at their sole discretion. Please also refer to "EXCLUSION OF WARRANTIES", Section 14(5).
9. If you use Forums or other Community Features.
The Site contains Community features, including without limitation discussion forums, bulletin boards, review services, expert network or other forums in which you or third parties may post reviews or other content, messages, materials or other items on the Site ("Community Areas"). You are solely responsible for your use of such Community Areas and use them at your own risk. Content submitted to any Community Area will be non-confidential. By using any Community Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
- Any message, data, information, text, music, sound, photos, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that is hateful or ridicules or disparages any other person or classes of persons, or discriminates or tends to encourage or support discrimination on the basis of race, color, gender, sexual preference or orientation, religion, national origin, or any other basis found objectionable by Biz2Credit at its sole discretion;
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers, excluding only business contact information where the third party has expressly consented to such disclosure;
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Content that is unrelated to the topic of the Community Area(s) in which such Content is posted;
- Content that contains SPAM, spyware or spoofing as described in Section 11 below; or
- Content that, in the sole judgment of Biz2Credit, is objectionable or which restricts or inhibits any other person from using or enjoying the Community Areas or the Site, or which may expose Biz2Credit or its affiliates or its users to any harm, ridicule, embarrassment or liability of any type, as determined by Biz2Credit at its sole discretion.
10. Website Security
In General. We are committed to protect the security and integrity of all information you share with us. We have therefore implemented a number of industry-standard security measures (including physical, electronic and procedural measures) to help safeguard your personal information from unauthorized access and disclosure. Only authorized employees and authorized third-party service providers are permitted to access personal information, and they may do so only for specified and limited business functions. In addition, we use encryption in the transmission of your sensitive personal and business information between your system and ours, we use firewalls to help prevent unauthorized persons from gaining access to your personal information, and commission a third-party system security audit once a year. However, no internet security system is 100% secure or reliable, and is also subject to the reliability of hosting services, internet intermediaries, your internet service provider, and other service providers, whose reliability cannot be guaranteed by Biz2Credit. Accordingly, when you use the Site or any Services, you accept these risks, and the responsibility for choosing to use a technology that does not provide guaranteed security or reliability.
Credit Card Information. Biz2Credit does not store any credit card information and uses a third-party payment processor to run all credit card information for all uses on the Site, including service fees and the purchase of Business Plans, credit reports and other business information provided by Biz2Credit from partners such as D&B and Equifax. All the credit card information processing, including PCI security standards compliance, is done at the end of the third-party payment gateway, and we do not collect or store any such information. Biz2Credit uses restrictive firewalls to protect stored data and uses 256 bit SSL certificates to encrypt data transferred between you and the Site, including credit card information. You acknowledge that Biz2Credit is not responsible for the protection of any credit card information shared on the Site, and by providing such information you expressly assume any such risk.
DocVault. Biz2Credit's DocVaultTM system allows only authorized users to upload documents.Biz2Credit does not allow any documents to be edited while being stored in DocVault and maintains a log of every document uploaded, tagged and shared. DocVault's history feature also tracks every document which is shared by time and date and also time stamped when the link is clicked and document downloaded.
Other Business Tools. Biz2Credit's other proprietary Business Tools, such as BizAnalyzer®, Financial Calculator and the dynamic Dashboard, also allow only authorized users to access information that has been input. The information you provide to us in connection with loans or the application process will only be shared with prospective lenders with your prior consent.
Account Security. In addition to Account encryption, unique user ID, password protection and other security features described elsewhere in these Terms, we have also implemented the following additional features to help strengthen the security of your user Account:
*Session Timeout. A session timeout has been implemented so that the maximum specified period of user inactivity does not exceed 25 minutes.
* Temporary Account Lockout. Access is locked for 30 minutes by the system if a three or more consecutive unsuccessful login attempts are made regardless of session or time frame. Users may not log back in, re-authenticate online, and create a new Account, order products, view products or use login help when the Account is locked out. However, the user can request a password reset online to activate the Account if it is locked.
* Long-Term Account Lockout. Access to accounts will be locked indefinitely (until manually unlocked by a Call Center/Help Desk Agent) if the user attempts to use login help unsuccessfully three or more times regardless of session or time frame. User may not login, create a new account, re-authenticate online, order products, view products or use login help when the Account is locked out. As above, the user can contact the Call Center/Help Desk to activate the Account when the Account is locked out.
11. SPAM, Spyware and Spoofing.
12. References to Other Sites and Content.
- You acknowledge and agree that Biz2Credit is not liable for any loss or damage which may be incurred by you as a result of the availability of those Third-Party Sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including terms of service, privacy and data policies of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding into any transaction with any third party.
13. Advertising and Promotions
Biz2Credit may from time to time run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of advertisers other than Biz2Credit, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Biz2Credit is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
14. EXCLUSION OF WARRANTIES
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT BIZ2CREDIT'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU. OTHERWISE, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
SUBJECT TO THE FOREGOING, YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(1) YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE";
(2) BIZ2CREDIT, ITS SUBSIDIARIES, PARTNERS AND AFFILIATES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED OR MADE AVAILABLE TO YOU AS PART OF THE SITE OR SERVICES WILL BE CORRECTED;
(3) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BIZ2CREDIT OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS;
(4) BIZ2CREDIT FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;
(5) BUSINESS DOES NOT UNDER ANY CIRCUMSTANCE OR CONDITION WARRANT OR GUARANTEE THAT YOU WILL QUALIFY FOR OR OBTAIN A BUSINESS LOAN OR OTHER BUSINESS FUNDING PRODUCT; AND
(6) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR ANY SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER HARDWARE OR SOFTWARE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
15. LIMITATION OF LIABILITY
SUBJECT TO THE FIRST PARAGRAPH OF SECTION 14 (EXCLUSION OF WARRANTIES) ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT BIZ2CREDIT, TOGETHER WITH ITS SUBSIDIARIES, PARTNERS AND AFFILIATES, SHALL NOT BE LIABLE TO YOU FOR:
(1) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; OR
(2) IN THE EVENT OF ANY CLAIM OR PROCEEDING ARISING UNDER THIS TERMS AGREEMENT OR BIZ2CREDIT PLATFORM OR ANY SERVICES (INCLUDING WITHOUT LIMITATION BUSINESS FINANCE SERVICES) PROVIDED BY BIZ2CREDIT, ANY AMOUNT IN EXCESS OF THE GREATER OF (i) THE FEES PAID BY YOU TO OF BIZ2CREDIT (AND NOT ANY LENDER, FUNDING PROVIDER OR OTHER THIRD PARTY) AND ACTUALLY RECEIVED BY BIZ2CREDIT WITHIN THE SIX MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM OR PROCEEDING AND (ii) $1,000; OR
(3) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(A) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(B) ANY CHANGES WHICH BIZ2CREDIT MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(C) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(D) YOUR FAILURE TO PROVIDE BIZ2CREDIT WITH ACCURATE ACCOUNT INFORMATION OR OTHER REGISTRATION DATA; OR
(E) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
THE FOREGOING LIMITATIONS ON BIZ2CREDIT'S LIABILITY TO YOU SET FORTH IN THIS SECTION 15 SHALL APPLY WHETHER OR NOT BIZ2CREDIT HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. BY ACCEPTING THIS TERMS AGREEMENT, YOU EXPRESSLY AGREE THAT THE ALLOCATION OF RISK AND THE LIMITATION OF LIABILITY SPECIFIED HEREIN IS FAIR AND REASONABLE.
16. Termination and Survival of Terms.
- Scope of Terms and Your Right of Termination. Once you subscribe to the Terms Agreement, the Terms will continue to apply regardless of whether your Account or your use of the Site or any Services is terminated by either you or Biz2Credit, as set out below. If you wish to terminate your Account with Biz2Credit, you may do so by (a) notifying Biz2Credit at any time and (b) closing your Accounts for all of the Services which you use, where Biz2Credit has made this option available to you. Your notice should be sent, in writing, to Biz2Credit's address which is set out at the beginning of these Terms. If you officially terminate your Account, you must first pay any fees then due and payable to Biz2Credit for products or Services that you ordered.
- Our Right of Termination. Notwithstanding any provision of these Terms, Biz2Credit reserves the right at its sole discretion, without notice or liability to you, to (a) terminate its Terns Agreement with you; and/or (b) block or prevent your future access to and use of all or any portion of the Site or Services, if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unwilling or unable to comply with the provisions of the Terms); or
(B) Biz2Credit is required to do so by law (for example, where the provision of the Services to you is or may become unlawful); or
(C) the partner with whom Biz2Credit offered the Services to you has terminated its relationship with Biz2Credit, or Biz2Credit has ceased offer such Services; or
(D) Biz2Credit no longer provides or is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(E) the provision of the Services to you by Biz2Credit is, in Biz2Credit's opinion, no longer commercially viable.
- Inactive Accounts. If your Account is inactive for one year or longer, we may at our sole discretion deactivate your Account. Deactivated accounts are placed in storage for up to one year and can be restored at our sole discretion.
- Posted Content. Upon termination of our legal Terms Agreement for any reason, your user Content previously posted on the Site may be retained, deleted and/or archived by Biz2Credit at its sole discretion.
- Survival of Rights and Obligations. Regardless of whether your Account with Biz2Credit is terminated for any reason or your use of the Site or any Services come to an end, this Terms Agreement shall continue to apply with full legal force and effect indefinitely, including without limitation the last paragraph of Section 8 (No Guarantee) and Sections 5, 14, 15, 16 and 17 (Legal Provisions).
17. Other Legal Provisions.
(1) These Terms and the Terms Agreement, including if applicable the Business Finance Terms and Conditions, constitute the entire legal agreement between you and Biz2Credit and govern your use of the Services, and completely replace any prior agreements between you and Biz2Credit in relation to the Services.
(2) You agree that Biz2Credit may provide you with notices by email, or posting on the Site.
(3) You agree that if Biz2Credit does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Biz2Credit has the benefit of under any applicable law), this will not be deemed a waiver of Biz2Credit's rights and that those rights or remedies will still be available to Biz2Credit, all of which rights and remedies are expressly reserved.
(4) If any court of competent jurisdiction determines in a final non-appealable order that any provision of these Terms is invalid, then that provision will be revised or removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be in full force and effect.
(5) You acknowledge and agree that Biz2Credit and its subsidiaries, partners and affiliates shall be third party beneficiaries of the Terms Agreement and that such other companies shall be entitled to directly enforce and rely upon any provision of the Terms which confers a benefit or rights upon them. Other than this, no other person or company shall be third party beneficiaries of the Terms Agreement.
(6) The Terms, and your relationship with Biz2Credit, shall be governed exclusively by the laws of the State of New York without regard to its conflict of laws provisions, except where any separate agreement between you and Biz2Credit or any partner or affiliate my expressly otherwise provide. You and Biz2Credit each unconditionally and irrevocably agree to submit to the exclusive jurisdiction of the courts located within the State of New York, County of New York (Manhattan) to resolve any dispute or other legal matter arising from the Terms. Notwithstanding the foregoing, you agree that Biz2Credit shall be entitled to apply for injunctive remedies (or other equitable relief) in any jurisdiction.
(7) EACH OF YOU AND BIZ2CREDIT HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT THAT THEY MAY HAVE TO TRIAL BY JURY OF ANY CLAIM OR CAUSE OF ACTION OF ANY KIND IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY RELATING TO OR ARISING OUT OF THIS TERMS AGREEMENT, BIZ2CREDIT'S PLATFORM, BIZ2CREDIT'S PRODUCTS AND/OR SERVICES OR ANY FUNDING OR FUNDING PRODUCT PROVIDED IN CONNECTION THEREWITH (COLLECTIVELY, A "BIZ2CREDIT CLAIM").
(8) EACH OF YOU AND BIZ2CREDIT AGREES THAT IT WILL NOT BECOME A MEMBER OF OR INITIATE ANY CLASS-WIDE LITIGATION OR ARBITRATION RELATING TO A BIZ2CREDIT CLAIM, AND TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES (i) ANY SUCH RIGHT AND, TO THE EXTENT ANY SUCH ACTION IS PERMITTED BY A COURT OF COMPETENT JURISDICTION, (ii) THE RIGHT TO ANY MONETARY RECOVERY OR LEGAL FEES AWARDED IN ANY SUCH ACTION.
(9) In the event you file a lawsuit or other action against Biz2Credit arising out of the Biz2Credit Platform or the Services (including without limitation Business Finance Services), you expressly agree that any such lawsuit or other action must be filed not later than one (1) year from the alleged claim or cause of action arose or such lawsuit or action will be permanently barred, regardless of the legal statute of limitations for the claim or cause of action.
(10) The posting of this Site and Terms and making Services available on the internet is a passive activity of Biz2Credit, access to which by any person in any particular jurisdiction does not imply that Biz2Credit intends to conduct any activities within that jurisdiction or that it invokes the protection of or intends to comply with the legal requirements of any particular jurisdiction other than the United States. Reference to a particular Service does not mean that Biz2Credit intends to make such Service available in all States of the United States or in all countries outside of the United States.
(11) Biz2Credit may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Biz2Credit, and any such attempted assignment will be null and void.
(12) These Terms, as amended and then in effect, constitute the entire agreement between you and Biz2Credit regarding your use of the Site or any Services or other related matters covered in these Terms, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and Biz2Credit regarding your use of the Site or any Services, including prior versions of these Terms. The parties confirm that it is their wish that these Terms, as well as any other documents relating to the Terms, including notices, have been and shall be drawn up in the English language only.