This is a legal agreement ("Agreement") between you and INVOICE ADVANCE, a California LLC ("INVOICEADVANCE.COM"), which may be contacted at 1130 Castro St., Mountain View, CA 94040.
BY accessing the INVOICE ADVANCE website, currently located at INVOICEADVANCE.COM (the "Site"), and using any of the Services defined below (and as amended from time to time) accessible though the Site, you become a user and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Site or Services. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR ITS SERVICES. Your use of, and/or participation in certain Services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services or purchase such products. INVOICEADVANCE.COM provides to the general public the introduction of business financing services primarily designed for business owners and operators. INVOICEADVANCE.COM introduces business owners seeking financing, factoring and funding sources with financing, factoring and funding sources. Additionally, INVOICEADVANCE.COM assists business owners (clients) in identifying their specific financing, factoring or funding requirements and submits to third parties that in the opinion of INVOICEADVANCE.COM, may meet the needs of business owners application for financing, factoring or funding. Invoice Advance makes no promise or representation as to lowest, best, least expensive, fastest or any other descriptor or rates, terms, or other conditions relevant to business financing, factoring or funding sources clients may be submitted to. Additionally, Invoice Advance makes no promise or commitment as to whether financing, factoring or funding is available or that any client has been, will be, or can be approved. Any statement made by INVOICEADVANCE.COM or one of its employees, customers, agents or assigns as to the whether financing or factoring is available, and or under what terms and or conditions financing or factoring may be available is merely a statement of opinion and belief by the individual making it and is not the promise or commitment of or by INVOICEADVANCE.COM, its other employees, customers, agents or assigns to provide such financing, factoring or funding. This Agreement is subject to change by INVOICEADVANCE.COM in its sole discretion at any time, with or without notice. Your continued use of this Site or the Services offered by INVOICEADVANCE.COM after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.
INVOICEADVANCE.COM brokers financing, factoring and funding services on behalf of its clients and providers of said services. INVOICEADVANCE.COM provides an internet based platform to assist in the activities necessary and reasonable in its clients applying for and obtaining business financing, factoring and funding services. INVOICEADVANCE.COM works with individuals, companies (its clients) and providers of business financing, factoring and funding services (both private and institutional) in locating and arranging for its clients. INVOICEADVANCE.COM is not a lender, factor or funding source and does not lend its own funds.
YOUR AUTHORIZATION TO OBTAIN (CREDIT) INFORMATION
By applying for our services you expressly authorize INVOICEADVANCE.COM and or its Assignee(s) (an Assignee may be a lender, factor or funding source we submit your information to) to obtain whatever information regarding employment, bank accounts, and/or outstanding credit (mortgage, auto, personal, home improvement, charge cards, credit unions, etc.) that INVOICEADVANCE.COM (or Assignee as described herein) deems to be necessary in connection with your application on this site, and in the course or review or collection of any credit extended in reliance on this application. You authorize and instruct any consumer credit agency, commercial credit reporting agency, business or person to compile and furnish to INVOICEADVANCE.COM or Assignee any such information regarding us or our business(es) as may be requested by INVOICEADVANCE.COM or Assignee and agree that such information, along with this application, shall remain INVOICEADVANCE.COM'S (or Assignees) property whether or not the application is approved. This authorization will be valid for a period of two years from the date below or as long as applicant has an outstanding balance with INVOICEADVANCE.COM or Assignee.
1. Defined Terms
As used in this Agreement, the following words shall have the following meanings. "INVOICEADVANCE.COM" includes "INVOICEADVANCE.COM", "we", "us" and variations such as "our". "Service" includes the products, services that you order, receive or access as part of the INVOICEADVANCE.COM service, primarily business financing, factoring and funding services. Client refers to a user of our sight who has applied for financing or factoring. Client may also be referred to as you, yours and customer.
2. Use of Site and Service
As a user of the Site you agree to the following:
- a. Exclusive Use. Your application for our services is to be used only by you and or individuals authorized by you and only for your business needs. You acknowledge that INVOICEADVANCE.COM is not responsible for third-party access to your account that results from theft or misappropriation of your user name and passwords and or data.
- b. Information Submitted. You and your company (as applicant) are solely responsible for, and assume all liability regarding, (i) the information and content you provide through your use of the Site and any Services; (ii) the information and content you make available in any manner through the service; and (iii) your interaction with any and all third-parties.
- c. Risk Assumption and Precautions. You and your company assume all risk when using the Services, including but not limited to all of the risks associated with any interactions with third-parties, including but not limited to any lenders to which you are submitted, referred or provided.
- d. No Guarantees. INVOICEADVANCE.COM may not be able to locate or provide financing, factoring or funding for every User seeking to use its services. Further, INVOICEADVANCE.COM makes no guarantees as to the ability to obtain business financing, factoring or funding for you.
- e. No False Information. You will provide accurate, true, current and complete information.
- f. Legal Purpose. You will not use the Site or Services for any illegal purpose. You will only use the Site or Service in accordance with federal, state and local laws.
- g. Business Purpose. You will only use the Site or Services for a bona fide business purpose. Invoice Advance only arranges business financing, factoring and funding. This Site cannot be used for personal, family or household purposes. You may not use the Site or Services to obtain information about or make decisions about anyone but yourself and/or your business.
- h. Prior to funding. You – or the appropriate party within your company, must have the legal authority to enter into binding agreements on behalf of your company.
3. Proprietary Rights
- a. Ownership of Proprietary Information. You hereby acknowledge and agree that INVOICEADVANCE.COM is the owner of all rights in and to the Site and Services. These proprietary rights are protected by federal, state and local laws and regulations. You are permitted to use the Site and Services only as expressly authorized by this Agreement. You may not copy, reproduce, distribute or create derivative works, reverse engineer or reverse compile any of the Site or Services or technology.
- b. No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) confidential information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Site or Services, without first obtaining the prior written consent of the owner of such proprietary rights.
- c. License to Provided Content. By providing information or content to any account or public area of the Site or Service, you automatically grant, and you represent and warrant that you have the right to grant, to INVOICEADVANCE.COM and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test or implement new features or services on the Site in which you may voluntarily choose to participate, in accordance with the additional terms and conditions of such features or programs. By your voluntary participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or services.
4. User Information
- b. Information Security Policy. The INVOICEADVANCE.COM Information Security Policy, hereby incorporated by reference into this Agreement, explains the policy applicable to the information that is collected through the Site, received directly from you or transmitted to or from third parties.
- c. Disclosure by Law. You acknowledge and agree that INVOICEADVANCE.COM may disclose information you provide if required to do so by law, at the request of a third-party, or if we, in our sole discretion, believe that disclosure is reasonable to (i) comply with the law, requests or orders from law enforcement, or any legal process (whether or nor such disclosure is required by applicable law); or (ii) protect or defend INVOICEADVANCE.COM's, or a third-party's, rights or property.
- d. Use of Anonymous Information for Research. By using the Site and/or Services, you agree to allow INVOICEADVANCE.COM to anonymously use the information from you and your experiences through the Services to continue INVOICEADVANCE.COM's research into successful business practices and to improve the Services.
INVOICEADVANCE.COM arranges financing, factoring and funding for businesses. Through your completion of an application we create a profile, collect relevant information from you and utilize our expertise in locating financing, factoring or funding appropriate to your needs. All transactions are unique, all clients are unique and all offers for financing or factoring are unique. Rates, terms and conditions vary substantially from client to client. You agree Invoice Advance is not liable for decisions you make or agreements you enter into with lenders, factors or funding sources introduced by us. Furthermore, you understand that any application fee you may pay to INVOICEADVANCE.COM or any referred lender, factor, funding source or any other party is non-refundable regardless of whether or not you obtain any financing, factoring or funding you are seeking.
Invoice Advance reserves the right to refuse your business at any time.
6. Links to Third-Party Websites and Dealings with Advertisers and Sponsors
7. Information Submitted to Third Parties (Lenders, Factors and Funding Sources)
- a. Access to the Client Information. A lender, factor or funding source may be provided with information you have provided for the purpose of reviewing, analyzing and potentially proposing financing, factoring or funding for your business.
- b. Internal Policies. Invoice Advance typically only offers your information to one lender/factor/funder at a time. From time to time, multiple lenders/factors/funders may have access to your information at the same time.
- c. Client Information. INVOICEADVANCE.COM makes no representations or guarantees as to the accuracy, validity or legitimacy of the information you provide. INVOICEADVANCE.COM disclaims any and all potential liability as to the use of the your Information. INVOICEADVANCE.COM does not guarantee the suitability of clients submitted to be approved for any particular financing, factoring or other funding product or amount.
8. Disclaimer of Warranty
- a. No Warranties. THIS SECTION WILL APPLY TO ALL USERS, CLIENTS AND LENDING/FACTORING AND FUNDING SOURCES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. INVOICEADVANCE.COM PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. INVOICEADVANCE.COM DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR- FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. INVOICEADVANCE.COM DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
- b. Third-Party Content. Opinions, advice, statements, offers, or other information or content made available through the Site or Services, but not directly by INVOICEADVANCE.COM, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. INVOICEADVANCE.COM DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES OR THE WEBSITE INCLUDING ITS FACTORING CALCULATOR, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN INVOICEADVANCE.COM. UNDER NO CIRCUMSTANCES WILL INVOICEADVANCE.COM BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
9. Limitation of Liability
- a. Incidental Damages and Aggregate Liability. IN NO EVENT WILL INVOICEADVANCE.COM BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE ITS WEBSITE, ITS SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF INVOICEADVANCE.COM KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL INVOICEADVANCE.COM'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT OR SUBSCRIPTION, OR, IF YOU HAVE NOT PAID INVOICEADVANCE.COM FOR THE USE OF ANY SERVICES, THE AMOUNT OF $1.00 (U.S.) OR ITS EQUIVALENT.
- b. No Liability for non-INVOICEADVANCE.COM Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL INVOICEADVANCE.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES.
- c. Information Verification. INVOICEADVANCE.COM and its contractors may use various ways of verifying information that you have provided. However, none of those ways are perfect, and you agree that INVOICEADVANCE.COM and its contractors will have no liability to you arising from any incorrectly verified information.
You agree to indemnify, defend and hold harmless INVOICEADVANCE.COM, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys fees) relating to or arising out of (i) your use of or inability to use the Site or Services, (ii) any user postings made by you, (iii) your violation of any terms of this Agreement or your violation of any rights of a third-party, or (iv) your violation of any applicable laws, rules or regulations. INVOICEADVANCE.COM reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with INVOICEADVANCE.COM in asserting any available defenses.
11. Communication and Privacy
We may use your email address to send you messages notifying you of important changes to the Services or special offers. Further, we may contact you by telephone if you voluntarily provide us with your telephone number, in order to communicate with you regarding the Services.
12. Term and Termination
This agreement will become effective upon your acceptance of the Agreement by your use of the Site or Services and will remain in effect in perpetuity unless terminated hereunder. Either you or INVOICEADVANCE.COM may terminate your account at any time, for any reason or no reason, without explanation, effective upon written notice to the other party. INVOICEADVANCE.COM reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. In the event your access to any of the Services is suspended due to the breach of this Agreement, you agree that all fees then paid to INVOICEADVANCE.COM by you will be nonrefundable and all outstanding or pending payments will immediately be due. You may terminate your account by following the steps in the applicable section under "Cancellations" below.
You may cancel your profile at any time by contacting Customer Service at 855-755-3863
14. General Provisions
- a. Controlling Law and Jurisdiction. You agree that California law (without giving effect to its conflicts of law principles) will govern this Agreement, the Site and the Services and that any dispute arising out of or relating to this Agreement, the Site or the Services will be subject to the exclusive jurisdiction and venue of the federal and state courts in the Northern District of California. You acknowledge and agree that any violation of this Agreement may cause INVOICEADVANCE.COM irreparable harm, and therefore agree that INVOICEADVANCE.COM will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that INVOICEADVANCE.COM may have for a breach of this Agreement.
- c. Securities Statements. WE MAKE NO REPRESENTATIONS, WARRANTIES OR OTHER GUARANTEES OF ANY KIND AS TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRICE QUOTES, NOR DO WE MAKE ANY REPRESENTATIONS, WARRANTES OR OTHER GUARANTEES OF ANY KIND AS TO THE PRESENT OR FUTURE VALUE OR SUITABILITY OF ANY SALE, TRADE OR OTHER TRANSACTION INVOLVING ANY PARTICULAR SECURITY OR ANY OTHER INVESTMENT OF ANY KIND. You understand that we are not a broker or dealer in securities, and not an investment or financial advisor. You are solely responsible for your investment research. Prior to undertaking any securities transaction, you should consult a broker or other financial advisor with respect to the price, suitability, value or other aspects of any stock, mutual fund, security or other investment.
- d. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of laws provisions thereof, and without regard to the United Nations Convention of the International Sale of Goods. The jurisdiction and venue for actions related to the subject matter hereof shall be the State of California and United States Federal Courts located in Santa Clara County, California, and each party hereby submits to the personal jurisdiction of such courts.
15. Revision Date
This Agreement was last revised on the 1st Day of April 2013.
Spam & Unsolicited Email
INVOICEADVANCE has a Zero Tolerant Policy regarding unsolicited commercial email and we do not permit our employees to send any such email, unless such emails strictly comply with applicable laws and regulations, including, without limitation, the federal CAN-SPAM Act. Above and beyond all commercial email sent by INVOICEADVANCE or it’s employees are sent to recipients who have requested / opted-in to one of our mailing lists. If you suspect that you have received spam or an unwanted email from INVOICEADVANCE or it's employees, please report it immediately to: abuse @ invoiceadvance.com, so that we may investigate. If you want to opt out of any mailing list you have subscribed to please use the unsubscribe/opt-out link found within the newsletter, or you can respond to the email with “REMOVE” in the subject line.
Invoice Advance provides financial services for businesses seeking factoring, financing or funding. Invoice Advance provides its prospective clients the ability to apply online for financial services including factoring, financing and other funding. Invoice Advance does not honor Do Not Track requests and collects information about you through log files and cookies, as well as information you provide through our application, information or documents requested by us and or provided by you, by phone and by email or facsimile. Clients and prospective clients provide Invoice Advance financial, personal and business information that may be of a confidential nature to the party providing the information, and potentially their customers and clients or other third parties. Information provided online to Invoice Advance is encrypted and transmitted over a secure connection. Information collected may retained by Invoice Advance. Invoice Advance makes no warranty of maintaining information once a client has obtained the necessary services or the clients relationship with Invoice Advance has been terminated or ended whether client is notified of such termination or not. You acknowledge and agree that you or your designee shall only provide accurate information to Invoice Advance.
Invoice Advance may maintain both in house and off site servers. Invoice Advance employs constant security measures to protect the information it collects, however at all times a breach of security is possible. Should a breach of security occur, Invoice Advance shall make every effort to notify any and all affected parties of 1) the nature of the breach 2) the date and time of the breach 3) what information may have been breached. By using our services you agree to hold Invoice Advance harmless from any and all damages which may occur do to any breach of security from data collected or administered by Invoice Advance. You further agree that you are NOT providing Invoice Advance with original data, that information provided Invoice Advance is duplicate data the loss of which will not affect the operation of your business.
Invoice Advance will communicate with active and prospective clients by email.
- Disclosure By Law: You acknowledge and agree that we may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law) and (2) protect or defend Invoice Advance's, or a third party's, rights or property.
Invoice Advance, LLC.
Toll free 855-755-3863
Fax (toll free) 855-863-2285
This Policy was last revised on the 1st Day of January 2014.