Lenders and Investors.com Terms of Use Effective Date: October 9, 2020

 

By accessing Lenders and Investors.com and using the services available on this site, you agree to be bound by the Terms of Use below. Please read these terms carefully. If you do not agree to these terms, do not access or use this website. 

 

Products and Services: Lenders and Investors.com, and use of the website is for United States Subscribers Only and Lenders and Investors.com is NOT a Broker Dealer. All products and services are provided strictly on a best efforts basis. Lenders and Investors allow directory subscribers to purchase digital data storage and to advertise. Lenders and Investors charges for digital data storage, advertising, and opt-in advertisements. In addition, Lenders and Investors.com does not provide any advisory or service-related work. Lenders and Investors.com does not connect any party to another party. To use the service, you must sign up online. Lenders and Investors.com’s collection and use of any information we obtain from you is subject to this site’s Privacy Policy. By using this website or services offered on this website, you also agree to the terms and conditions set forth in the Privacy Policy. If you do not agree to these Terms of Use and the separate Privacy Policy, DO NOT use this site. 

 

Once a subscriber submits their information on this site, you are making your solicitation/advertisement/information available to one or more participating lenders or investors, either while keeping your identity anonymous or not, which is entirely your choice. By submitting data, you understand and agree that you are submitting an inquiry about a possible loan or investment product to each of the participating lenders or investors sing the Lenders and Investors.com site. By submitting any application form, you are extending an express invitation to each of the participating lenders with whom your information is shared to contact you by any means you have made available or input into our directory (including, without limitation, email, telephone, text and direct mail) so that they may assist you with your transaction or provide information to you about additional offers in which you may be interested. Participating lenders who review your financial profile or receive your application information review your information in real-time to determine whether your information meets their loan qualification criteria. By submitting your information or any application form, you are providing express consent for participating lenders to, among other things, to verify your social security number, perform a credit check, and review your information against national databases that track consumer transactions with lending institutions. By submitting the application form, you are also providing express consent for the participating third-party lender you are connected with to share among its affiliates, loan servicers, and bank partners any information related to financial products or services received for the purpose of evaluating you for credit. Lenders may ask for additional identifying information (e.g., driver’s license documentation), in conjunction with running credit reports. If a participating lender determines that your application meets its loan qualification criteria, they will message or communicate with you directly identifying the name(s) and contact information of the lender(s) or direct you to the lender’s website. You understand and agree that, once you choose to visit their website, Lenders and Investors.com has no involvement in the loan application or approval process other than as a repository of your information you elect to add to your Lenders and Investors profile. Your subsequent interactions with the lender are subject to the privacy policy, terms of use, risk factors, and other policies enforced by that lender. 

 

Lenders and Investors.com is not a lender or a broker-dealer and does not make loans or credit decisions in connection with its loan directory service. Lenders and Investors is only a directory whereby someone can place an advertisement and someone else can choose to search to view that advertisement.

 

Lenders and Investors.com does not guarantee acceptance into any loan program or specific loan terms or conditions with any participating lender or that anyone will ever be contacted at all from another party using our website for that matter. Lenders and Investors.com is not an agent of any participating lender.  Lenders and Investors.com is not involved with a lender’s use and/or review of your application information or in deciding whether you meet a lender’s loan qualification criteria. The lender is solely responsible for its services to you, and you agree that Lenders and Investors.com shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of the loan connecting service. You may be contacted by a third party that requires a fee to proceed. In this event, we strongly advise you to seek professional counsel before you pay any fee to proceed. Lenders and Investors.com cannot possibly dictate 3rd party fees of any kind and we will not put ourselves in a position to do so. Lenders and Investors.com reserves the right to change any information, features and/or functions of our directory without prior notice. Lenders and Investors.com may deny you access to all or part of the services without prior notice if you engage in any conduct or activities that Lenders and Investors.com determines, in its sole discretion, violate these Terms of Use, the rights of Lenders and Investors.com or any third party, or are otherwise inappropriate. Lenders and Investors.com is not responsible for any errors or delays in providing the loan connecting services caused by errors in any of the application information provided by you or by any technical problems beyond our reasonable control. Opt-In Programs and Advertisements Regarding any and all, opt-in programs and your financial profile, you acknowledge that you are freely electing, on your sole election, to enter into these programs and other advertisements by checking the box and opting into any of them or by inputting, updating, or submitting your personal or business data. By opting into any program or advertisement, again, there is absolutely no guarantee, of any kind, that any potential lender or funding source will offer you or your business, any amount of capital at all. In addition, Lenders and Investors.com cannot guarantee that any third party will ever even attempt to communicate with you or your business.

Product and Service Fees for Businesses: Lenders and Investors neither charges nor accepts any fees of any kind in connection with equity transactions. Lenders and Investors charge businesses Three Percent (3%) for any debt transaction. For example, if your business accepts and closes a $500,000.00 line of credit or loan with a lender sourced from our platform, then your business would owe Lenders and Investors, Inc. $15,000.00 at loan closing and funding. This includes any restructuring efforts with your current lender(s). Our platform and process promote maximum competition in order to save all our subscribers’ money. It is very common for current lenders to evaluate what they currently charge you and then restructure or refinance your current loan/s in order not to lose your business. In this event, Lenders and Investors, Inc. would charge for this successful restructuring with any or all of your current lender(s). The charge would be the same, a Three Percent (3%) success fee. 

 

Strict No Refund Policy: Lenders and Investors.com has a strict No Refund policy in place at all times for all products and services. You are free to request account/subscription cancellation at any time. In the event that you do, we offer absolutely no refunds or partial refunds of any kind. Any refund request or act by Subscriber in contacting their payment processor, requesting a refund of any Lenders and Investors products or services, or any other breach of this section is grounds for immediate termination. Subscriber will be required to, and Subscriber acknowledges an obligation to pay a penalty of Fifty Thousand Dollars ($50,000) upon Lenders and Investors’ first demand. In addition, Subscriber agrees to contact their payment processor and cancel their refund request. Subscriber understands that Lenders and Investors pays many third parties that can benefit you the Subscriber and these funds cannot be recalled by Lenders and Investors.

E-Consent You agree that submitting your loan request and/or your financial profile advertisement acts as your electronic signature. You further consent that we and any lender we share with, or that reviews any information you place on our platform, can communicate with you electronically or by any other manner and that any required disclosures may be provided to you electronically or by any other manner. Some lenders may require information to be provided on the Lenders and Investors platform. 

 

Disclaimers and Limitations: This website and the information, software, products, and services associated with it are provided ‘as is.’ Lenders and Investors.com expressly disclaims any warranty of any kind, whether express or implied, as to any matter whatsoever relating to this website and any information, software, products provided herein, including without limitation the warranties of title, non-infringement, merchantability, or fitness for a particular purpose.

Lenders and Investors.com makes no warranty as to the results that may be achieved by using this website and the information, software, products, and services associated with it or provided by third-party participants. In addition, Lenders and Investors have many participating Lenders and Investors that subscribe to our platform. These same parties may choose to make you offers. It is imperative that you understand that there is no such thing as either a guaranteed loan or a guaranteed investment. All businesses are subject to delays and, in some cases, complete failure. All of us, over the years, have seen both Traditional Banks and other Private Equity Lenders go out of business and fail. So, again, as with anything else in life, there are no guaranteed outcomes.

 

Use of this website and/or its services is at your own risk. Lenders and Investors.com and/or its participating lenders or advertisers or any of their officers directors, agents, subsidiaries, affiliates, employees, attorneys, successors, assigns, content providers or service providers will not be liable for any direct, indirect, incidental, consequential, special, or punitive damages or other injury arising out of or in any way connected with the use of this website and/or its services with the delay or inability to use this website, or for any information, software, products and services obtained through this website, or otherwise arising out of the use of this website, whether resulting in whole or in part, from breach of contract, tortuous behavior, negligence, strict liability or otherwise, even if Lenders and Investors.com or its participating lenders have been advised of the possibility of damages. Lenders and Investors.com makes no representation that materials on the site are appropriate or available for use in locations other than the United States.

 

Those who choose to access Lenders and Investors.com from outside the United States do so on their own initiative and at their own risk, and are responsible for compliance with federal, state and local laws, if and to the extent applicable. Confidentiality: Subscribers’ disclosure of his, her, or businesses use of this website, the trade name Lenders and Investors itself, any experiences related to Lenders and Investors, or relating to any other Lenders and Investors subscriber you choose to communicate or do business with on any media, of any kind, shall constitute a material breach of this Agreement, and will subject both you personally and your business to injunctive relief, pecuniary damages, and other remedies available to Lenders and Investors in law or at equity. All such remedies are cumulative in nature. Any breach of this section is grounds for immediate termination; both you and your business will acknowledge an obligation to pay a penalty of Fifty Thousand Dollars ($50,000) upon Lenders and Investors’ first demand upon first and any thereafter offense. 

 

Non-Disparagement: All communications between Lenders and Investors and Subscriber or between a Lenders and Investors Subscriber and another Lenders and Investor Subscriber must remain professional. Subscriber agrees and covenants that Subscriber shall not at any time make, publish, or communicate to any person or entity or in any public forum any defamatory, maliciously false, or disparaging remarks, comments, or statements concerning Lenders and Investors or its businesses, or any of its employees, officers, or directors and its existing and prospective clients, suppliers, investors, Subscribers, and other associated third parties, now or in the future. For the avoidance of doubt, breach of this Section shall constitute an Event of Material Breach pursuant to this agreement under which Lenders and Investors have the right to terminate all obligations and use of this website pursuant to this agreement. Any breach of this section is grounds for immediate termination. Subscriber will be required to, and Subscriber acknowledges an obligation to pay a penalty of Fifty Thousand Dollars ($50,000) upon Lenders and Investors’ first demand. Indemnity: As a condition of using this website and/or the services offered herein, you and your business agree to indemnify Lenders and Investors.com and its participating lenders, from and against, ANY and ALL liabilities, expenses (including attorneys’ fees) and damages arising out of any claims that YOU or YOUR BUSINESS could choose to make resulting from your use of this website, including without limitation any claims alleging facts that if true would constitute a breach by you of these Terms. In addition, you agree, to pay Lenders and Investors.com, within five (5) calendar days, upon its first demand, a reasonable $50,000.00 (Fifty Thousand Dollar), retainer fee that Lenders and Investors.com will use for legal expenses, to remedy ANY claim you or your business has made to any third party, or any written post you have chosen to publicize about Lenders and Investors or any of its employees on ANY media platform. In addition, you agree to pay any and all necessary additional reasonable attorney fees until your claim or action is resolved to Lenders and Investors sole satisfaction. This includes any claims or negative statements that you may submit/create on ANY social media platform of any kind. Lenders and Investors.com will not tolerate any form of disparaging statements, or any testimonials posted unless they are expressly approved by Lenders and Investors. If you are ever unhappy with the services, you are free to cancel your subscription and abandon the use of the site entirely. Links to Third Parties: This website may contain links to other websites operated by participating lenders or other third parties. Such links are provided for your convenience and reference only. Lenders and Investors.com does not operate or control in any respect any information, software, products or services available on such third-party sites. Lenders and Investors.com’s inclusion of a link to a web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.Trademark and Intellectual

 

Property & Non-Competition: The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on the site are registered and unregistered Trademarks of Lenders and Investors.com. Nothing contained on the site should be construed as granting, by implication or otherwise, any license or right to use any content on the site without the written permission of Lenders and Investors.com. You and your business, as a subscriber (individually and collectively, “Subscriber”)acknowledge that during the use of this platform with, or through Subscriber’s involvement with this platform, Subscriber has and will become familiar with trade secrets and other Confidential Information concerning Lenders and Investors, and with investment opportunities relating to potential lenders. Therefore, you agree that, during the use of Lenders and Investors.com and for a period of two years hereafter (the “Noncompete Period”), Subscriber will not directly or indirectly own, manage, control, participate in, consult with, render services for, or in any other manner engage in any business, or invest in or lend money to any business (in each case, including on Subscriber’s own behalf or on behalf of another person) which constitutes or is competitive with (including, without limitation, by competing for the same subscriber or customer base) any business conducted by Lenders and Investors or lenders (any such business, a “Competitive Business”). Nothing in this section will prohibit Subscriber from (i) being a passive owner of less than 5% of the outstanding stock of a corporation of any class of any Competitive Business which is publicly traded, so long as you have no direct or indirect participation in the business of such corporation or (ii) at any time during the portion of the Non-compete Period following the termination date of the Lenders and Investors services, being employed in any Competitive Business or investing in or lending money to any Competitive Business, provided that Shas no direct involvement in any aspect of such Competitive Business. By using this site, Subscriber acknowledges that Subscriber has read carefully and had the opportunity to consult with legal counsel regarding the provisions of this section. Any Subscriber that does or discloses that they have any intention of competing shall be immediately terminated, in the event that they are a referral agent, their account shall be immediately deleted, and finally, in accordance with our no-refund policy, shall not be entitled to any refund or partial refund of any kind. 

 

Other Terms: These Terms of Use, together with the Privacy Policy constitute the entire agreement between you and Lenders and Investors.com. If any part of these Terms is determined unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely resembles the intent of the original provision and the remainder of these Terms shall remain in effect. Any failure by Lenders and Investors.com to exercise or enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Lenders and Investors.com may amend these Terms at any time by posting the amended terms on its website. Your continued use of the site after any modification will act as an agreement to the Terms of Use as modified. All amended terms are automatically effective immediately, upon posting. Finally, please understand that there is absolutely no guarantee of any kind that you will receive any offers for any type of funding or financing from the use of this website. This guarantee cannot be made. You are choosing to advertise your needs and requests, and it is entirely up to others to seek them out and respond to them. We are not in control of third parties and do not pretend to be.

 

LENDERS AND INVESTORS, THANK YOU FOR YOUR BUSINESS

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Lenders & Investors is not a registered broker-dealer and does not offer investment advice or advise on the raising of capital through securities offerings. Lenders & Investors does not recommend or otherwise suggest that any investor make an investment in a particular company, or that any company offer securities to a particular investor. Lenders & Investors takes no part in the negotiation or execution of transactions for the purchase or sale of securities, and at no time has possession of funds or securities. No securities transactions are executed or negotiated on or through the Lenders & Investors platform. Lenders & Investors receives no compensation in connection with the purchase or sale of securities. Posted companies are not necessarily seeking funding. By using this website you acknowledge that you have read and agree to Lenders & Investors’ Terms of Use, Privacy Policy, and Risk Factors.