Terms of Use – Credible Lending

Last updated: 06/28/2023

IMPORTANT NOTICE:

AS DETAILED IN THE ARBITRATION, JURY TRIAL WAIVER, AND CLASS ACTION WAIVER PROVISIONS BELOW, THIS AGREEMENT INCLUDES A WAIVER OF CLASS ACTION RIGHTS AND A WAIVER OF YOUR RIGHT TO A JURY TRIAL, AND MAY REQUIRE YOU TO ARBITRATE CERTAIN DISPUTES.

This website (including all sub-sites) is operated by Credible Lending or one of its subsidiaries or affiliates (collectively, “Credible Lending,” “we,” or “us”).
By accessing a Credible Lending website, mobile application, interface, or platform (collectively, “Site” or “Sites”) that links to this Terms of Use Agreement (the “Terms of Use” or “Agreement”), you agree to comply with this Agreement and our Privacy Policy (which is incorporated by reference), regardless of the device you use (e.g., personal computer, mobile device, or other technology/software) for access.

These Terms of Use govern your access to and use of the Sites and any tools, features, functionality, services, or products offered on or through the Sites, including your access to information and data; your use of any web portal, customer account, sales partner account, syndicate investor account, or online services; your submission of applications and/or provision of information for financing qualification or other purposes; your subscription to blogs, newsletters, or similar content; and your participation in any public areas on the Sites (collectively, the “Services”).

In addition to these Terms of Use and the Privacy Policy, some services offered through the Sites, such as submitting requests for commercial financing and related services, will be governed by separate terms and conditions or contracts that will be provided to you and must be agreed to in connection with those requests or transactions. If there is a conflict between these Terms of Use and a transaction-specific agreement, the transaction-specific agreement will take precedence.

PLEASE READ THESE TERMS OF USE CAREFULLY TO UNDERSTAND EACH PROVISION. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND Credible Lending FOR THE USE OF THE SERVICES, AND THE TERMS OF USE APPLY TO ALL USERS OF THE SITES. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITES, SERVICES, AND/OR CONTENT.

We may update these Terms of Use periodically by posting a revised version on the Sites. If the revised version includes significant changes, we will provide a more prominent notice (including email or other notifications for certain services) before the changes take effect. Your continued use of the Sites will constitute acceptance of the updated Terms of Use. We encourage you to periodically review this page for the latest information.

USE OF SITES:

You may view and use the Sites and/or any information or Services only in accordance with these Terms of Use. You agree to use the Sites and/or Services only for lawful purposes and acknowledge that failure to do so may subject you to civil and criminal liability under applicable law.

The Sites are intended for individual business owners and legal entities organized and authorized to do business in the United States and are not intended for use by others or outside of the United States.

To access certain features of the Site, you may need to register for an account and provide us with certain documentation or information, including details about your identity, finances, and business performance.

By creating or accessing a user account, submitting a request for commercial financing, and/or using the Sites in any other way, you represent and warrant that: (i) you are at least 18 years old and fully able to enter into a binding agreement; (ii) all information and/or documentation you submit is true, accurate, current, and complete; (iii) you will update such information as necessary to keep it accurate, current, and complete; and (iv) the information belongs to you and does not infringe upon or violate any patents, copyrights, trademarks, or other intellectual property, proprietary, or privacy rights of any third party.

Credible Lending reserves the right, at its sole discretion, to restrict or deny your access to and use of the Sites, Services, and Site content at any time, with or without notice, and for any reason.

PROHIBITIONS ON USE:

You agree not to violate any law, contract, intellectual property, or other third-party rights and that you are solely responsible for your actions when accessing or using the Sites or Services. As mentioned, the Sites and Services are only to be used for lawful purposes and in accordance with this Agreement. Additionally, you specifically agree not to:

Provide false or misleading information to Credible Lending, impersonate others, or misrepresent your affiliation with any person or entity.
Use the Sites in violation of any federal, state, or local laws or regulations, or engage in any activities that encourage or promote such violations.
Use the Sites in a way that interferes with or disrupts other users’ access or enjoyment, or that may damage, disable, or overburden the Sites.
Reverse engineer, decompile, or attempt to discover source code or bypass measures to prevent access to any service or area of the Sites.
Threaten or bypass any security mechanisms associated with the Sites.
Post or transmit any viruses, spyware, malicious code, or harmful programs.
Attempt to use another user’s account without authorization from the user or Credible Lending.
Post content that is inaccurate, misleading, offensive, illegal, discriminatory, or otherwise objectionable.
Post unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any materials promoting business solicitations.
Post content that infringes on the intellectual property rights or other personal rights (including privacy) of any third parties.

ACCOUNT SECURITY

Each user is responsible for the security of their account, even if another individual (such as a friend or family member) misuses it. Users must take all reasonable steps to protect their accounts from unauthorized access, including not sharing passwords and regularly updating them. Users are prohibited from using their account to breach the security of other users’ accounts or to gain unauthorized access to other systems. Credible Lending reserves the right to terminate your access to the Sites or cancel your account at any time without notice for any reason, including violations of these Terms of Use.

OWNERSHIP, COPYRIGHTS, TRADEMARKS, LICENSES

All information, materials, images, software, text, and content provided by Credible Lending on the Sites are the exclusive property of Credible Lending or its licensors. The Sites and content are protected by intellectual property laws, including copyrights and trademarks. Users must comply with these laws and may not copy, use, or modify any content without express permission from Credible Lending. Third-party trademarks are the property of their respective owners and may not be used without permission.

USER CONTENT

Any information or content you submit to Credible Lending (a “Submission”) will become the property of Credible Lending. Credible Lending is not obligated to treat submissions as confidential and may use the ideas or content submitted in future products, services, or operations without compensating you. Credible Lending may permit the posting of text, images, videos, and other materials (collectively, “User Content”) on certain areas of the Sites. By posting User Content, you acknowledge that such content will not be treated as confidential and may be used or removed by Credible Lending at its discretion. Credible Lending reserves the right to accept, refuse, or remove any User Content for any reason, including content that violates these Terms of Use or is deemed illegal or objectionable. While Credible Lending is not responsible for monitoring User Content, users can report any concerns to info@crediblelending.com.

User Content

All User Content must comply with these Terms of Use. By submitting User Content, you represent and warrant that:

(i) you own or have the necessary licenses, rights, consents, or permissions to use and authorize Credible Lending to use any patent, copyright, trade secret, trademark, or other proprietary rights required for inclusion and use of the User Content in accordance with these Terms of Use; and (ii) you have obtained the necessary written consent, release, or permission from any identifiable individuals or businesses in your User Content to use their name, likeness, or other personal characteristics, as applicable, for inclusion in the User Content in accordance with these Terms of Use. You are fully responsible for any User Content you submit or post, and for the consequences of doing so.

By submitting or posting User Content, you grant Credible Lending a non-exclusive, irrevocable, perpetual, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, modify, create derivative works from, and otherwise exploit your User Content across all media and platforms, including but not limited to the internet, social media, television, radio, or any other media, to the fullest extent allowed by law. You also grant each user of the Sites a non-exclusive license to access and use your User Content through the Sites, including the right to reproduce, distribute, transmit, display, and perform your User Content as permitted by these Terms of Use.

Third-Party Content

Credible Lending may link to third-party websites or provide information about third-party products, services, or events, or allow third parties to make their content available on or through our Sites (collectively “Third-Party Content”). Credible Lending does not control or endorse any Third-Party Content and makes no representations or warranties regarding it. Your access to and use of such Third-Party Content is at your own risk, and Credible Lending assumes no liability for it. Any dealings or interactions with third parties and your use of Third-Party Content are solely between you and the third party. When leaving our Sites, please note that these Terms of Use no longer apply, and you should review the relevant terms, policies, and practices of any third-party sites.

Copyright Complaints

We respect copyright ownership and expect users to do the same. Our goal is to prevent access to the Sites by repeat copyright infringers. If you believe any content on our Sites infringes your copyright, you may submit a Digital Millennium Copyright Act (“DMCA”) notice to Credible Lending by sending an email or mail to our designated agent:

Credible Lending
ATTN: Legal Department
12000 Biscayne Blvd, Miami, FL 33181
info@crediblelending.com
Your DMCA notice should include the following:

A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
Identification of the copyrighted work being infringed or, if multiple works, a list of works.
Identification of the infringing material and information sufficient to locate it.
Contact information for the complaining party.
A statement that the complaining party has a good faith belief that the material is not authorized.
A statement that the information in the notice is accurate and that the complaining party is authorized to act on behalf of the copyright owner.

Please consult the DMCA or a legal advisor before submitting a notice.

Telephone Communications

By using the Sites, including submitting requests for financing, you consent to receive calls and messages from us, our affiliates, and trusted third parties, including marketing, servicing, collection, and other calls, including auto-dialed or prerecorded calls and SMS messages (including text messages) to any phone numbers you provide, even if they are on Do-Not-Call lists. Your consent is not a condition for receiving services. If you wish to stop receiving marketing calls, please contact us at (877) 246-3578 or email DNC@crediblelending.com, specifying whether you wish to stop calls, SMS, or both.

You consent to the recording of any calls for quality assurance, training, risk management, collection, or other purposes.

Disclaimers

The Sites (including all content, services, and third-party links) are provided “as is,” without warranty of any kind. We do not guarantee that the Sites are accurate, up-to-date, or complete, and you should not rely on them for making decisions. We do not warrant that the Sites will meet your requirements or are free of errors, interruptions, or viruses.

Limitation of Liability

To the maximum extent permitted by law, Credible Lending (including its subsidiaries and affiliates) is not liable for any damages (including direct, special, indirect, incidental, or consequential damages) arising from your use of the Sites, Site Content, User Content, or any associated services.

INDEMNIFICATION

: AS DETAILED IN THE ARBITRATION, JURY TRIAL WAIVER, AND CLASS ACTION WAIVER PROVISIONS BELOW, THIS AGREEMENT INCLUDES A WAIVER OF CLASS ACTION RIGHTS AND A WAIVER OF YOUR RIGHT TO A JURY TRIAL, AND MAY REQUIRE YOU TO ARBITRATE CERTAIN DISPUTES

This website (including all sub-sites) is operated by Credible Lending or one of its subsidiaries or affiliates (collectively, “Credible Lending,” “we,” or “us”). By accessing a Credible Lending website, mobile application, interface, or platform (collectively, “Site” or “Sites”) that links to this Terms of Use Agreement (the “Terms of Use” or “Agreement”), you agree to comply with this Agreement and our Privacy Policy (which is incorporated by reference), regardless of the device you use (e.g., personal computer, mobile device, or other technology/software) for access. These Terms of Use govern your access to and use of the Sites and any tools, features, functionality, services, or products offered on or through the Sites, including your access to information and data; your use of any web portal, customer account, sales partner account, syndicate investor account, or online services; your submission of applications and/or provision of information for financing qualification or other purposes; your subscription to blogs, newsletters, or similar content; and your participation in any public areas on the Sites (collectively, the “Services”). In addition to these Terms of Use and the Privacy Policy, some services offered through the Sites, such as submitting requests for commercial financing and related services, will be governed by separate terms and conditions or contracts that will be provided to you and must be agreed to in connection with those requests or transactions. If there is a conflict between these Terms of Use and a transaction-specific agreement, the transaction-specific agreement will take precedence.

You may view and use the Sites and/or any information or Services only in accordance with these Terms of Use. You agree to use the Sites and/or Services only for lawful purposes and acknowledge that failure to do so may subject you to civil and criminal liability under applicable law. The Sites are intended for individual business owners and legal entities organized and authorized to do business in the United States and are not intended for use by others or outside of the United States. To access certain features of the Site, you may need to register for an account and provide us with certain documentation or information, including details about your identity, finances, and business performance.

Provide false or misleading information to Credible Lending, impersonate others, or misrepresent your affiliation with any person or entity.

Use the Sites in violation of any federal, state, or local laws or regulations, or engage in any activities that encourage or promote such violations.

Threaten or bypass any security mechanisms associated with the Sites..

Post unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any materials promoting business solicitations

Attempt to use another user’s account without authorization from the user or Credible Lending

Post content that infringes on the intellectual property rights or other personal rights (including privacy) of any third parties.

All User Content must comply with these Terms of Use. By submitting User Content, you represent and warrant that: (i) you own or have the necessary licenses, rights, consents, or permissions to use and authorize Credible Lending to use any patent, copyright, trade secret, trademark, or other proprietary rights required for inclusion and use of the User Content in accordance with these Terms of Use; and (ii) you have obtained the necessary written consent, release, or permission from any identifiable individuals or businesses in your User Content to use their name, likeness, or other personal characteristics, as applicable, for inclusion in the User Content in accordance with these Terms of Use. You are fully responsible for any User Content you submit or post, and for the consequences of doing so. By submitting or posting User Content, you grant Credible Lending a non-exclusive, irrevocable, perpetual, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, modify, create derivative works from, and otherwise exploit your User Content across all media and platforms, including but not limited to the internet, social media, television, radio, or any other media, to the fullest extent allowed by law. You also grant each user of the Sites a non-exclusive license to access and use your User Content through the Sites, including the right to reproduce, distribute, transmit, display, and perform your User Content as permitted by these Terms of Use.

A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
Identification of the copyrighted work being infringed or, if multiple works, a list of works.
Identification of the infringing material and information sufficient to locate it.
Contact information for the complaining party.
A statement that the complaining party has a good faith belief that the material is not authorized.
A statement that the information in the notice is accurate and that the complaining party is authorized to act on behalf of the copyright owner.

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Credible Lending (including its subsidiaries, affiliates, licensors, and their respective officers, directors, employees, agents, and representatives) from and against all claims, actions, liabilities, losses, demands, damages, expenses, and costs (including attorney’s fees) (collectively, “Claims”) arising from or related to: (i) your access to or use of the Sites or Services; (ii) any violation, misappropriation, or infringement of the rights of others (including intellectual property or privacy rights); and (iii) any breach of these Terms of Use. You will promptly notify Credible Lending of any third-party Claims, cooperate with Credible Lending in defending such Claims, and cover all fees, costs, and expenses associated with defending these Claims (including attorneys’ fees). Credible Lending reserves the right to assume exclusive control over the defense or settlement of any third-party Claims at its sole discretion.

ARBITRATION; JURY TRIAL WAIVER; CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY, AS IT (a) MAY REQUIRE YOU TO ARBITRATE DISPUTES WITH Credible Lending; (b) PRECLUDES YOU FROM HAVING A JURY TRIAL; AND (c) REQUIRES THAT ANY DISPUTES BE BROUGHT IN YOUR INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS ACTION OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING.

ARBITRATION

If any dispute, claim, or controversy arises between you and Credible Lending (including its subsidiaries and affiliates) relating to (i) access or use of the Sites, (ii) these Terms of Use, or (iii) the arbitrability of any such claims, disputes, or controversies, either party may choose to submit the dispute to binding arbitration before the American Arbitration Association (AAA) by submitting the required AAA forms and filing fees. If arbitration is chosen, no party shall have the right to litigate any disputes in court, have a jury trial, or participate in a class action. All disputes will be governed by the Federal Arbitration Act, construed broadly as permitted by law.

Arbitration Procedures

All disputes submitted to the AAA will be resolved via confidential, binding arbitration before a single arbitrator agreed upon by the parties, according to AAA Commercial Arbitration Rules, except where those rules conflict with this provision. In arbitration, either party may choose to attend any hearings via phone or electronic means and/or be represented by counsel. Any in-person hearings will be held in Arlington, Virginia. The arbitrator will apply the substantive laws of Virginia, without regard to conflicts of law. The arbitrator will provide a written award, and, upon request, a reasoned opinion. Unless required by law, neither the parties nor the arbitrator may disclose the existence, content, or outcome of any arbitration without prior written consent from both parties, unless to protect a legal right.

Arbitration Limits

Disputes may only be arbitrated on an individual basis. The arbitrator cannot arbitrate disputes on a class or representative basis and can only award relief to individuals. The arbitrator cannot consolidate arbitrations or add additional parties unless agreed by the parties. The arbitrator also has no authority to award punitive or consequential damages, except as required by statute or as specified in any agreement between the parties.

Paying for Arbitration Fees

Arbitration fees will be allocated according to applicable AAA Rules. Each party is responsible for their own attorney’s fees, expert fees, and other expenses unless the arbitrator awards these fees to the prevailing party based on contract or applicable law.

The Final Award

Any award from the arbitrator will be final and binding on both parties and may be enforced in any court with jurisdiction. A party may appeal the award in writing to the AAA within 30 days of the notice of the award. The appeal will be determined by a panel of three arbitrators. The final decision is subject to judicial review as permitted by law.

JURY TRIAL WAIVER

TO THE EXTENT PERMITTED BY APPLICABLE LAW, BOTH YOU AND Credible Lending WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY COURT PROCEEDING RELATED TO THE SITES OR THESE TERMS OF USE, WHETHER ARISING FROM CONTRACT, TORT, OR OTHERWISE.

CLASS ACTION WAIVER

YOU AND Credible Lending AGREE THAT ALL DISPUTES WILL BE RESOLVED INDIVIDUALLY, AND NEITHER PARTY CAN PARTICIPATE IN A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING, EXCEPT WHERE PROHIBITED BY LAW.

GOVERNING LAW AND JURISDICTION

By using the Sites, you agree that any dispute or claim arising from or relating to your access or use of the Sites or these Terms of Use is governed by the laws of the Commonwealth of Virginia (to the extent not preempted by federal law). The sole venue for such disputes will be courts located in Arlington or Alexandria, Virginia.

MISCELLANEOUS

Entire Agreement

These Terms of Use represent the entire agreement between you and Credible Lending concerning the use of the Sites and supersede all prior communications or agreements.

Severability

If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

Assignment

These Terms of Use are not assignable by you but may be assigned by Credible Lending without restrictions.

Waiver

Failure by either party to enforce any part of these Terms does not waive their right to enforce it later.

No Interpretation of Captions

Captions in these Terms are for convenience only and do not affect the interpretation of the terms.

PRIVACY POLICY

Please review our Privacy Policy for information on how we collect and use your personal information. Your use of the Sites constitutes acceptance of the Privacy Policy. To view the Privacy Policy, click here.

CONTACT INFORMATION

For any questions regarding these Terms of Use, please contact us at info@crediblelending.com.