TERMS OF SERVICE
Welcome to the website of Eminence Funding, (“Eminence Funding,” “we,” “us” or “our”) a financing company making it easier for small businesses to get the capital they need. These Terms of Service (“Terms”) apply to your access and use of the website (“Site”) and other online products and services (collectively, the “Services”) of Eminence Funding.
ACCEPTING THESE TERMS
BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL OF THE TERMS BELOW. Please read all of the terms before you use the Services. If a term does not make sense to you, please let us know. If you don’t agree to all of the terms below, you may not use the Services.
We reserve the right to change these Terms from time to time. For example, we may need to change these Terms if we come out with a new feature. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we will provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review these Terms periodically to stay informed about our practices. Whenever we make changes to these Terms, they are effective when the revised Terms are posted unless we notify you otherwise. If you continue to use the Services after the revised Terms have been posted, then you will be deemed to have accepted the changes to these Terms.
DESCRIPTION OF THE SERVICES
Through the Services, you can apply for a loan. The approval of any loan is in our sole discretion. If your loan application is approved by us, you will need to review and agree to our loan agreement and all of its terms. After you agree to the loan agreement, we will deposit the amount approved into the bank account you provide to us, and we will set up a daily payment to be withdrawn from your bank account until the loan, with interest, is repaid. With regards to any loan that Eminence Funding may approve and provide to you, if there is any discrepancy between these Terms and the loan agreement you agree to with us, the terms of the loan agreement will control.
When you create an account you must maintain the security of your password and accept all risk that someone may access your account without your permission. If you discover or suspect any security breaches of the Services, please let us know as soon as possible. You represent and warrant to us that all information that you provide in connection with your account is accurate, truthful, current and complete. Eminence Funding reserves the right to deny any account at our discretion.
RIGHT TO USE THE SERVICES
On the condition that you fully comply with these Terms, Eminence Funding grants you a limited, nonexclusive, non-transferable and revocable license to access and use the Services for your own personal, non-commercial use.
Except as expressly authorized by these Terms, you may not (a) modify, disclose, alter, translate or create derivative works of the Services, (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Services, (c) disassemble, decompile or reverse engineer any of the software components of the Services, (d) copy, frame or mirror any part of the Services, (e) interfere with or disrupt the integrity or performance of the Services, or (f) attempt to gain unauthorized access to the Services or its related systems or networks.
PROHIBITED USE OF THE SERVICES
You may not post or otherwise make available on or through the Services any of the following: Private information of any other persons that you do not have permission to disclose (including names, email addresses, phone numbers, Social Security numbers and financial information);Content that is libelous, defamatory, abusive, offensive or hateful;Content that is obscene, pornographic, indecent or sexually explicit, depicts graphic, excessive or gratuitous violence;Content that is illegal, harmful or offensive or that would encourage, solicit, foster, glorify or provide instructions for any criminal or civil offense;Content that may infringe, misappropriate or violate any intellectual property rights, rights of privacy, rights of publicity or any other rights of others; Viruses, corrupted data or other harmful, disruptive or destructive files or code; Content that, in our judgment, is objectionable, may restrict or inhibit another from enjoying the Services or may expose Eminence Funding or users of the Services to harm or liability of any type; and/or Content that you are contractually or legally required to keep confidential.
Also, you may not do any of the following in connection with the Services or other users: Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services;Collect any personal information about other users;Intimidate, threaten, stalk, bully or otherwise harass other users; Post spam or commercial messages through the Services; Create an account if you are not over 18 years of age; Use the Services for any illegal or unauthorized purpose or to engage in, encourage or promote any activity that is unlawful or that violates these Terms; or Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Services, its users, or third parties. Your use of the Services is at your own risk. Eminence Funding is not responsible or liable for the conduct of, or your interactions with, any other users (whether online or offline) or for any related damage or harm.
REPORTING AND REMOVAL
Users of the Services may report content to Eminence Funding that they think violates these Terms, and Expansion may remove such content, suspend or terminate the account of the user who posted or otherwise made available such content and/or take additional action to enforce these Terms against such user. Also, in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Eminence Funding has adopted a policy of terminating, in appropriate circumstances and at Eminence Funding’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Eminence Funding may also at its sole discretion limit access to the Services or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on the Services infringes upon any copyright that you own or control, you may file a notification with Eminence Funding’s Designated Agent as set forth below:
Designated Agent: General Counsel
Address of Designated Agent: 17216 Saticoy St, Suite 152, Lake Balboa, CA 91406
Email Address of Designated Agent: email@example.com
Phone number of Designated Agent: 1-844-601-8711
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. If you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by Expansion or the alleged infringer as the result of Expansion relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
EMINENCE FUNDING DIRECT
As between you and Eminence Funding, all information, materials and content of the Services, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms and other content is owned by Eminence Funding or is used with permission. AmeriCapital reserves all rights not expressly set forth in these Terms.
Any suggestions, comments or other feedback you give us about the Services (the “Feedback”) will constitute our confidential information. We are free to use, disclose, reproduce, license, distribute and exploit this Feedback as we see fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise.
EXCEPT AS REQUIRED OTHERWISE OF EMINENCE FUNDING BY APPLICABLE LAW, THE SERVICES AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM AND EXCLUDE ANY AND ALL OTHER WARRANTIES, CONDITIONS, AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), AND ALL OTHER TERMS WHICH MAY BE IMPLIED INTO THESE TERMS BY LAW, WITH RESPECT TO THE SERVICES AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL EMINENCE FUNDING BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROPERTY, OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICES, AND/OR THIRD-PARTY SERVICES OR MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF EMINENCE FUNDING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. FOR ANY LOSS OR DAMAGE THAT IS NOT EXCLUDED UNDER THESE TERMS, THE TOTAL LIABILITY OF EMINENCE FUNDING AND ITS DIRECTOR, EMPLOYEES, AGENTS, AFFILIATES AND INVESTORS WILL NOT EXCEED $100.
You will defend, indemnify, and hold us harmless from and against any actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to any conduct with respect to the Services or violation (or alleged violation) of these Terms or the rights of any third party by you or any person using your AmeriCapital account.
CHANGES TO THE SERVICES
Eminence Funding reserves the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the Services and/or any features, information, materials or content on the Services with or without providing notice to you. Eminence Funding will not be liable to you or any third party for any changes or discontinuance of the Services or any part of the Services.
CONSENT TO ELECTRONIC COMMUNICATIONS
By using the Services, you agree that we may communicate with you electronically regarding your use of the Services and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at firstname.lastname@example.org
By using the Services, you agree that your electronic signature on agreements and other documents has the same legal and moral effect as if you signed such agreements and documents in ink and will be deemed valid, authentic, enforceable and binding and that such electronically signed documents shall be deemed originals.
SUSPENSION AND TERMINATION
Eminence Funding may suspend or terminate your rights to access or use the Services for any reason or for no reason at all and with or without notice at Eminence Funding’s discretion. All of the terms of these Terms (excluding the license grant) will survive any termination or suspension.
GOVERNING LAW; ARBITRATION
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH EMINENCE FUNDING DIRECT AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM EMINENCE FUNDING. These Terms shall be governed by and construed in accordance with the laws of the State of California and the United States of America, without resort to any conflict of law provisions.
In the event of any controversy or claim arising out of or relating in any way to these Terms or the Services, you and Eminence Funding agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If we do not reach settlement within a period of 60 days, then either of us may, by notice to the other demand mediation under the mediation rules of the American Arbitration Association in Los Angeles California. We both give up our right to litigate our disputes and may not proceed to arbitration without first trying mediation, but you and Eminence Funding are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Whether the dispute is heard in arbitration or in court, you and Eminence Funding will not commence against the other a class action, class arbitration or other representative action or proceeding.
If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator in Los Angeles California. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys’ fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.
For any disputes that are not handled by arbitration, you agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Los Angeles County, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms or the use or the Services.
Enforcement of these Terms is solely at Eminence Funding's discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable (including the warranty disclaimers and liability limitations above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect. The section headings of these Terms are for reference purposes only and will not affect the meaning or interpretation of these Terms. These Terms (and the other policies and terms referred to above) make up the entire agreement between you and us regarding the Services, and they supersede any prior agreements that may have been made.