Terms of Service

The Company operates as a commercial financing intermediary. The Company is not a lender, does not extend credit, does not advance funds, does not underwrite credit, and is not a party to any financing agreement entered into by a User and a funding source. Nothing on the Site or in the Services shall be construed as an offer of credit, a commitment to lend, or financial, legal, tax, or accounting advice.

All credit decisions, including without limitation approval, principal amount, factor rate, annual percentage rate, term, fees, and other economic and non-economic terms, are made solely by the funding source in its discretion and pursuant to its underwriting criteria. Any indication of likely terms provided by the Company is informational only and shall not be deemed a commitment, offer, or representation binding upon any funding source.

The submission of an application, completion of a chat or questionnaire, scheduling of a call, or other engagement with the Company does not constitute an offer of credit and does not guarantee that any funding source will approve any application or extend any funding to the User. The Company makes no representation or warranty as to the availability, amount, terms, or timing of any funding.

The Company is customarily compensated by funding sources in connection with transactions facilitated through the Services. The Company may, in specified cases and subject to written agreement with the User, charge fees directly to a User for services including, without limitation, loan preparation and advisory services. The Company will disclose any User-directed fees in writing prior to performing the applicable services.

By submitting information to the Company, the User represents and warrants that:

• The User is at least eighteen years of age and is authorized to act on behalf of the business identified in the submission.
• All information furnished to the Company is true, accurate, current, and complete in all material respects as of the date of submission.
• The User consents to the disclosure of information furnished to the Company to prospective funding sources and service providers in connection with the Services, as described in the Company’s Privacy Policy.
• The User’s use of the Services complies with all applicable laws, rules, and regulations.

The provision of false, misleading, or materially incomplete information constitutes a material breach of these Terms and may, in addition to such other remedies as may be available to the Company, result in immediate termination of the Services, notification to funding sources, and reporting to applicable authorities as required by law.

Upon execution of any financing agreement between a User and a funding source: (i) the rights and obligations of the parties to such financing agreement are governed solely by the terms thereof and applicable law; (ii) the Company is not a party to such financing agreement and has no authority to modify, enforce, interpret, or perform thereunder; and (iii) the Company shall have no liability for the acts, omissions, underwriting decisions, servicing practices, collection practices, or other conduct of any funding source in connection with such financing agreement.

Any dispute, complaint, or inquiry concerning a financing agreement shall be directed to the funding source that is party to such financing agreement.

The User shall not, and shall not permit any third party to:

• Use the Services in violation of any applicable law, rule, or regulation.
• Scrape, harvest, index, aggregate, or otherwise systematically extract content from the Site by any automated or manual means.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying logic of the Site or any component thereof.
• Impersonate any person or entity, or misrepresent the User’s affiliation with any person or entity.
• Interfere with, disrupt, or compromise the security, integrity, availability, or performance of the Site.
• Transmit unsolicited communications, phishing content, malicious code, or any other content prohibited by applicable law.
• Submit an application or other information concerning a business that the User is not authorized to represent.

The Company reserves the right, in its sole discretion and without notice, to suspend or terminate access to the Services for any User who violates the foregoing or whose use of the Services is, in the Company’s judgment, detrimental to the Services or the Company.

All right, title, and interest in and to the Services, including without limitation all text, graphics, logos, names, marks, software, code, designs, and the selection and arrangement thereof, are owned by the Company or its licensors and are protected by United States and international copyright, trademark, trade secret, and other intellectual property laws. No license or right under any intellectual property of the Company is granted by these Terms or by use of the Services except as expressly set forth herein.

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY INFORMATION CONTAINED IN THE SERVICES IS ACCURATE, COMPLETE, OR CURRENT.

THE COMPANY MAKES NO REPRESENTATION OR WARRANTY CONCERNING THE AVAILABILITY OF, TERMS OF, OR LIKELIHOOD OF APPROVAL FOR ANY FINANCING FROM ANY FUNDING SOURCE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OPPORTUNITY, OR DATA, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE COMPANY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100) OR THE AGGREGATE FEES, IF ANY, PAID BY THE USER DIRECTLY TO THE COMPANY DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, WHICHEVER IS GREATER.

THE COMPANY SHALL HAVE NO LIABILITY FOR ANY ACT, OMISSION, OR CONDUCT OF ANY FUNDING SOURCE.

The User shall indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, and agents from and against any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to (i) the User’s use of the Services, (ii) the User’s breach of these Terms, (iii) the User’s violation of any law or the rights of any third party, or (iv) the inaccuracy or incompleteness of any information furnished by the User to the Company.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services, including the existence, breach, termination, enforcement, interpretation, or validity hereof, shall be resolved by binding individual arbitration administered by the American Arbitration Association pursuant to its Commercial Arbitration Rules. The arbitration shall take place in New York County, New York. Judgment on any award rendered may be entered in any court of competent jurisdiction.

EACH PARTY WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, OR CONSOLIDATED PROCEEDING. The arbitrator shall have no authority to consolidate the claims of multiple parties or to preside over any form of class, collective, or representative proceeding.

Notwithstanding the foregoing, either party may seek temporary or preliminary injunctive relief from a court of competent jurisdiction in aid of arbitration or to protect intellectual property or confidential information pending the appointment of the arbitrator.

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles. Subject to the foregoing arbitration provision, the state and federal courts located in New York County, New York shall have exclusive jurisdiction over any action arising out of or relating to these Terms or the Services.

The Company may amend these Terms from time to time by posting the amended Terms to the Site. The “Last updated” date set forth above reflects the date of the most recent revision. The User’s continued use of the Services following the posting of an amendment constitutes the User’s acceptance of the amended Terms.

The Company may, in its sole discretion and without notice, suspend or terminate the User’s access to the Services, in whole or in part, at any time and for any reason. Sections of these Terms which by their nature should survive termination, including without limitation the sections entitled Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution; Arbitration, and Governing Law; Venue, shall survive any termination of these Terms or of the User’s use of the Services.

These Terms, together with the Privacy Policy and any other terms expressly incorporated by reference, constitute the entire agreement between the User and the Company concerning the subject matter hereof and supersede all prior or contemporaneous communications, agreements, and understandings, whether oral or written. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The failure of the Company to enforce any provision of these Terms shall not constitute a waiver of such provision.

Notices to the Company under these Terms shall be directed to:
legal@greenadvancecapital.com
Green Advance Capital
New York, New York