We’re excited to help you secure a loan that fits your needs, but in order for us to do so, we need information from you. We ask for basic information such as your name, business address, and some financial information about you and your business.
We recommend visitors take a careful look at our Terms before using our site, services or products. We want to be completely clear about what you can expect. We view our terms as a promise to always treat our customers with respect, dignity, and fairness.
We strive to make every part of your experience with us as transparent as possible.
If there’s anything that you don’t understand, please don’t hesitate to contact us at firstname.lastname@example.org.
ROI Business Funding Terms of Service
Last Revised: July 2015
ROI Business Funding (“ROI Business Funding”) matches small businesses and small business owners (for a business purpose as provided in Section 8.2) with alter¬native lenders and other sources of funding (“Funding Providers”), as described further in the section of this Agreement titled “The Service.”
These Terms of Service (“Agreement”) constitute a legally binding agreement between you and ROI Business Funding (each a “Party,” and collectively the “Parties”). As used in this Agreement, the words “you” and “your” refer to you, the user of ROI Business Funding’s website or applications, as the party agreeing to this Agreement. The words “we,” “us,” “our” and any other variation thereof refer to ROI Business Funding. Any reference to ROI Business Funding in this Agreement includes our directors, officers, employees, contractors, owners, agents, licensors, or licensees. As used in this Agreement, the term “Site” includes all websites and applications that we operate that link to this Agreement, pages within each such website or application, any equivalent mirror, replacement, substitute or backup website or application, and pages that are associated with each such website or application. The use of the word “including” in this Agreement to refer to specific examples will be construed to mean “including, without limitation” or “including but not limited to” and will not be construed to mean that the examples given are an exclusive list of the topics covered.
1. Acceptance of Agreement
3. Definitions and Interpretation
5. Accuracy of and Changes to Your Information
6. Disclosure and Consent to Electronic Communications
7. The Service
8. Your Use of the Service
10. Warranties and Disclaimers
11. Term and Termination
12. General Terms
1. ACCEPTANCE OF AGREEMENT. By accessing the Site and by using the Service, you agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Site or Service. If you do not agree to be bound by this Agreement, do not use the site or the service. You may not use the Site or Service, or accept this Agreement; if (a) you are not of legal age to form a binding contract with ROI Business Funding; (b) you are prohibited by law from receiving or using the Service; or (c) you are not a U.S. resident. Please note that certain uses of the Service may be subject to a separate agreement (“Secure Application Service Agreement”) that will be provided to you prior to Referral to a Matched Funding Provider pursuant to Section 7 of this Agreement. No Referrals will be provided to you prior to signing a Secure Application Service Agreement.
2. AMENDMENTS. ROI Business Funding reserves the right to amend this Agreement at any time with notice that is reasonable according to the extent of the amendment, as determined by ROI Business Funding in its sole discretion. ROI Business Funding will post notice of any amendment on the Site. For a substantial amendment, including a change to the fee structure outlined herein, ROI Business Funding may also notify you as outlined in the Disclosure and Consent to Electronic Communications section of this Agreement. You should check the Agreement regularly. By continuing to use the Site or Service after such notice is provided, you accept and agree to such amendments. If you do not agree to any amendment to the Agreement, you must stop using the Site and Service. If you have any questions about the terms and conditions in this Agreement, please contact us at email@example.com.
3. DEFINITIONS AND INTERPRETATION.
(b) “Affiliate” means, with respect to a Party, any person, firm, corporation, partnership (including, without limitation, general partnerships, limited partnerships, and limited liability partnerships), limited liability company, or other entity that now or in the future, directly controls, is controlled with or by or is under common control with such Party.
(c) “Applicable Law” means all federal and state laws, including regulations, applicable to the activities and obligations contemplated under this Agreement, including without limitation the federal Truth-in-Lending Act, Equal Credit Opportunity Act, Fair Credit Reporting Act, Fair Debt Collection Practices Act, the Gramm-Leach-Bliley Act, Dodd Frank Act, CAN-SPAM Act and all applicable state licensing, consumer credit and privacy laws, as the same may be amended and in effect from time to time during the Term.
(d) “Business Day” means any day (other than a Saturday, Sunday or legal holiday) on which federally-insured financial institutions in New York, New York are permitted to be open to conduct substantially all of their business.
(e) “Profile Information” means the information you provide to us to register for the Service, including as applicable, business name and address, amount and intended purpose of funding sought, certain financial information regarding the business, and certain information regarding the business owner, as well as the username and password that allow you to access the Service, as such information shall change from time to time.
(f) “Service” means the service provided by ROI Business Funding to you, as described further in Section 7.1.
3.2 Interpretation. References to Sections and Appendices are to be construed as references to the Sections of, and Appendices to, this Agreement, unless otherwise indicated. The singular includes the plural, and the plural includes the singular. All references to “hereof,” “herein,” “hereunder” and other similar compounds of the word “here” shall mean and refer to this Agreement as a whole rather than any particular part of the same. The terms “include” and “including” are not limiting. Unless designated as Business Days, all references to “days” shall mean calendar days.
5. ACCURACY OF AND CHANGES TO YOUR INFORMATION. You agree to provide accurate Profile Information and Account Information. You further agree to promptly update all your Profile Information or Account Information whenever the information provided to us is no longer accurate. You can update your information by visiting your profile page on the Site. If you need help in changing your information, please email us at firstname.lastname@example.org. We are not responsible for any payment processing errors or fees or other Service-related issues arising from your failure to keep your Profile Information current. If we determine, in our sole discretion, that you have failed to maintain current and accurate Profile Information or Account Information, we may suspend or terminate your access to the Site and Service.
6. DISCLOSURE AND CONSENT TO ELECTRONIC COMMUNICATIONS.
(b) disclosures or notices provided in connection with the Service, including any required by Applicable Law (including initial disclosures, initial and annual privacy notices, opt-out notices, and change-in-terms notices).
(c) any customer service communications, including communications with respect to claims of error or unauthorized use of the Site or Service; and
(d) any other communication related to the Site or Service.
Although ROI Business Funding reserves the right to provide Communications in paper format at any time, you agree that ROI Business Funding is under no obligation to do so. All Communications in either electronic or paper format will be considered to be “in writing.” You should print a paper copy of this Agreement and any Communication that is important to you and retain the copy for your records. If you do not wish to receive this Agreement or the Communications electronically, you may not use the Site or Service.
6.2 Consent to Short Message Service (SMS) Communications. As part of your consent to Electronic Communications, you agree to receive SMS messages to each telephone number provided by you to ROI Business Funding regarding products and services offered by or on behalf of ROI Business Funding and its affiliates. You understand that such SMS may be placed using an automatic telephone dialing system or may include automated SMS messages and that your consent is requested only to allow ROI Business Funding or ROI Business Funding affiliate to contact you and is not required to use the smallbusinessloanschicago.com site.
6.3 Timing of Communications. Any Communications will be deemed to have been received by you no later than 5 Business Days after ROI Business Funding sends it to you by email or posts it on a Site, whether or not you have received the email or retrieved the Communication from the Site. An electronic communication by email is considered to be sent at the time that it is directed by ROI Business Funding’s email server to your email address. You agree that these are reasonable procedures for sending and receiving electronic Communications.
6.4 Updated Contact Information. You agree to promptly update your Profile Information if your email address changes so that ROI Business Funding may contact you electronically. You may update your Profile Information, such as your email address, as described in the Accuracy of and Changes to Your Information section of this Agreement. You understand and agree that if ROI Business Funding sends you an electronic Communication but you do not receive it because the email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, ROI Business Funding will be deemed to have provided the Communication to you.
6.5 System Specifications. In order to access, view, and retain electronic Communications that ROI Business Funding makes available to you, you must have access to: (a) a computer with an Internet connection; (b) a current web browser that includes 128-bit encryption (e.g. Internet Explorer version 6.0 and above, Firefox version 2.0 and above, Chrome version 3.0 and above, or Safari 3.0 and above) with cookies enabled; (c) Adobe Acrobat Reader version 8.0 and above to open documents in .pdf format; (d) sufficient electronic storage capacity on your computer’s hard drive or other data storage unit to save past Communications and/or an installed printer to print them; and (e) an email account with an Internet service provider and email software. Your access to this page through your device verifies that your device meets these requirements.
6.6 Withdrawal of Consent to Electronic Communications. If you have registered as a user with ROI Business Funding and you wish to withdraw your consent to have Communications provided electronically, you must deregister by contacting email@example.com and stop using the Site and Service. There are no fees to deregister with ROI Business Funding. Any withdrawal of your consent to receive electronic Communications will be effective only after ROI Business Funding has a reasonable period of time to process your withdrawal, which period of time shall be no longer than fifteen (15) days, or such other time as is appropriate under the circumstances, as determined by ROI Business Funding in its sole discretion.
6.8 Reservation of Rights. ROI Business Funding reserves the right, in its sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which ROI Business Funding provides electronic Communications. ROI Business Funding will provide you with notice of any such termination or change as required by law.
7. THE SERVICE.
7.2 Referrals. If your Application Information meets the Prequalification Criteria set by one or more Funding Providers, we may identify such Funding Provider or Funding Providers to you (each one, a “Matched Funding Provider”), along with data regarding each Funding Provider’s use of the Service, including general details regarding amount of funding provided, interest rate, time between application for funding and fulfillment, and timing of repayment of funding (the “Funding Provider Details”). We may limit the number of Funding Providers we identify to you based on our determination of which Funding Providers may be the best match for you based on our analysis of the Application Information. You may instruct us to identify you to one or more Matched Funding Providers, in which case we will identify you to such Matched Funding Providers and furnish them with your Application Information on your behalf (each such identification, a “Referral”). Referrals are subject to a separate Secure Application Service Agreement that will be provided to you prior to Referral. You acknowledge and agree that a Referral does not guarantee that you will receive funding from any Matched Funding Provider. You further acknowledge and agree that the Funding Terms may differ from the terms and conditions that apply to funding you ultimately receive from a Matched Funding Provider.
7.3 Applying for Funding. Once we make a Referral to any Matched Funding Provider, the Matched Funding Provider will initiate its underwriting process based on the Application Information and will determine, according to its own terms and conditions, whether to provide funding to you. You acknowledge and agree that ROI Business Funding has no role in a Matched Funding Provider’s decision to provide or not provide funding to you, and that ROI Business Funding provides the Application Information to the Matched Funding Provider on your behalf.
7.4 Our Use of the Account Information. You authorize us to use the Account Information for all purposes related to the Service, and to have continued access to your financial institution, provided that such access shall be used solely for the purpose of providing the Service to you. Account Information shall remain available to you during the Term, but any information obtained during the Term shall remain the property of ROI Business Funding.
7.5 No Fees. We do not charge you any fee for the Service. We only receive compensation from Funding Providers. Our compensation from a Funding Provider varies depending on the total amount of funding provided. ROI Business Funding does not control a Funding Provider’s terms, but we use our best efforts to make clear the specific amount of any fees or interest rates charged to you by a Funding Provider. We also make our best effort to minimize or eliminate any impact that compensation paid to us may have on your fees and interest rates. Ultimately, however, funding terms and conditions are entirely and solely within the Funding Provider’s discretion.
7.6 Affiliates. The rights, duties and/or obligations of ROI Business Funding under this Agreement may be exercised and/or performed by ROI Business Funding and/or any of ROI Business Funding’s Affiliates, or any of their subcontractors and/or agents. ROI Business Funding acknowledges and agrees that it shall be solely responsible for the acts or omissions of ROI Business Funding’s Affiliates, and any subcontractor or agent of ROI Business Funding or any of ROI Business Funding’s Affiliates, related to the subject matter hereof. You agree that any claim or action arising out of or related to any act or omission of any of ROI Business Funding or ROI Business Funding’s Affiliates, or any of their respective subcontractors or agents, related to the subject matter hereof, shall only be brought against ROI Business Funding, and not against any of ROI Business Funding’s Affiliates, or any subcontractor or agent of ROI Business Funding or any of ROI Business Funding’s Affiliates. You acknowledge that under no circumstances shall a Funding Provider be considered an Affiliate for purposes of this Agreement.
8. YOUR USE OF THE SERVICE.
8.2 Business Purpose. You will only use the Site or Service for a bona fide business purpose. You will not use the Site or Service for personal, family or household purposes. You may not use the Site or Service to obtain information about or make decisions about anyone but yourself and/or your business.
8.3 Responsibility for Account. You hereby acknowledge and agree that you are responsible for maintaining your Profile Information. If you believe that your Profile Information or a device that you use to access any Site has been lost or stolen, that someone is using the Service using your Profile Information without your authorization, or that an unauthorized transaction has occurred, you must notify us immediately at firstname.lastname@example.org.
9. INDEMNIFICATION. You agree to release, indemnify, and hold harmless ROI Business Funding and its Affiliates, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way related to: (a) your access to, use of, or inability to use the Site or Service; (b) your breach of this Agreement; (c) your violation of any rights of a third party; (d) your interaction with any Funding Provider; (e) any duties, responsibilities, or obligations you may have to a Funding Provider, including with respect to, but not limited to, a Referral; (f) your violation of any Applicable Law; ; (g) the violation of any Applicable Law by a Funding Provider; or (h) your failure to provide and maintain true, accurate, current and complete Application Information, Profile Information, and Account Information.
10. WARRANTIES AND DISCLAIMERS.
10.2 No Warranties. Except as expressly set forth in this agreement, the Service provided hereunder by ROI Business Funding is provided “as is” with all faults and without any representations or warranties. The entire risk as to satisfactory quality, performance, accuracy, and effort is with you. ROI Business Funding does not represent or warrant that the Service will be available, accessible, uninterrupted, timely, secure, accurate, complete, or entirely error-free. This disclaimer of warranty extends to you and each buyer and is in lieu of all warranties and conditions whether express, implied, or statutory, including the implied warranties of merchantability, fitness for particular purpose, title, and non-infringement with respect to the Service, and any implied warranties arising from course of dealing or course of performance. No advice or information provided by ROI Business Funding shall constitute any warranty with respect to your use of the Service. ROI Business Funding does not guarantee or assume any responsibility for any service advertised or offered by any third party service relating to either ROI Business Funding or any funding provider. ROI Business Funding makes no guarantee as to the number of funding providers with whom you may be matched using the Service, nor does ROI Business Funding guarantee that you will be able to obtain business funding in any amount using the Secure Application Service, including from any funding provider for whom your verified information provisionally prequalifies you for such funding. You understand and agree that ROI Business Funding is neither a funding provider nor a financial advisor, and nothing on this site is intended to be a substitute for professional financial advice.
11. TERM AND TERMINATION.
11.2 Termination Rights of ROI Business Funding. ROI Business Funding may terminate this Agreement at any time in its sole discretion.
11.3 Your Termination Rights. You may terminate this Agreement at any time by ending your use of the Site and the Service and notifying ROI Business Funding at email@example.com.
12. GENERAL TERMS.
12.2 Governing Law; Consent to Jurisdiction; Waiver of Jury Trial. This Agreement will be deemed entered into in Nevada and will be governed by and interpreted in accordance with the laws of the State of Nevada, excluding: (i) that body of law known as conflicts of law, and (ii) the United Nations Convention on Contracts for the International Sale of Goods. The Parties agree that any dispute arising under this Agreement will be resolved in the state or federal courts in Nevada, and the Parties hereby expressly consent to jurisdiction therein. The parties irrevocably waive any and all rights to a trial by jury.
12.3 Third Party Beneficiaries. Except as limited by Section 12.7, this Agreement and the rights and obligations hereunder shall bind, and inure to the benefit of the Parties and their successors and permitted assigns. Nothing in this Agreement, expressed or implied, is intended to confer upon any person, other than the Parties and their successors and permitted assigns, any of the rights hereunder.
12.4 Entire Agreement. This Agreement and each of its exhibits or appendices, constitute and contain the entire agreement between the Parties with respect to the subject matter hereof and supersedes any prior or contemporaneous oral or written agreements. Each Party acknowledges and agrees that the other has not made any representations, warranties or agreements of any kind, except as expressly set forth herein.
12.5 Survival. All provisions of this Agreement that by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, Sections 7.4, 9, 10, and 11.3 and definitions herein as applicable to interpretation of the foregoing shall survive the termination of this Agreement.
12.6 Severability. If any provision of this Agreement (or any portion thereof) is determined to be invalid or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and shall be binding upon the Parties and shall be enforceable, as though said invalid or unenforceable provision (or portion thereof) were not contained in this Agreement.
12.7 Assignment. Neither this Agreement nor any rights hereunder may be transferred or assigned by either Party without the prior written consent of the other Party, which consent shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, ROI Business Funding may assign this Agreement or any rights hereunder without consent: (i) to an entity that acquires substantially all of its stock, assets or business; or (ii) to an Affiliate. Except as provided in this section, any attempts by either Party to assign any of its rights or delegate any of its duties hereunder without the prior written consent of the other Party shall be null and void.
12.8 Headings. The headings, captions, headers, footers and version numbers contained in this Agreement are intended for convenience or reference and shall not affect the meaning or interpretation of this Agreement.