BY USING THE WEBSITE, PURCHASING, ENGAGING, AND/OR SIGNING UP FOR LENDERS POCKET’S SERVICES AND/OR REQUESTING THAT LENDERS POCKET CONTACT YOU ABOUT ITS SERVICES, YOU SIGNIFY YOUR AGREEMENT TO THE WEBSITE TERMS.
and agree to its terms. You are responsible for obtaining at your own expense all equipment and services needed to access and use the Website, including all devices, Internet browsers and Internet access. If you access the Website or a Website application through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services. Your use of the Website must comply with all applicable laws in the territory in which you access and use the Website.
BY USING LENDERS POCKET’S WEBSITE, ENGAGING LENDERS POCKET’S SERVICES AND/OR REQUESTING THAT LENDERS POCKET CONTACT YOU ABOUT ITS SERVICES, YOU AGREE TO ARBITRATE ALL CLAIMS BETWEEN YOU AND LENDERS POCKET ON AN INDIVIDUAL BASIS ONLY AND NOT AS A PART OF ANY CLASS. A “CLAIM” IS ANY CASE, CONTROVERSY, DISPUTE, TORT, DISAGREEMENT, LAWSUIT, LEGAL ACTION, OR CLAIM NOW OR HEREAFTER PENDING BETWEEN YOU AND LENDERS POCKET, INCLUDING BUT NOT LIMITED TO ANY ALLEGED STATE OR FEDERAL STATUTORY VIOLATION, OR ANY DISPUTE OVER THE INTERPRETATION OF THE WEBSITE TERMS OR THE ARBITRABILITY OF ANY CLAIM PURSUANT TO THE WEBSITE TERMS. THIS AGREEMENT TO ARBITRATE GOVERNS ALL PAST, CURRENT AND PROSPECTIVE INTERACTIONS WITH LENDERS POCKET. YOU AGREE THAT YOU ARE WAIVING ALL RIGHTS TO: (A) A TRIAL BY JURY; (B) PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION; AND (C) BRING AN ACTION AGAINST LENDERS POCKET IN A COURT OF LAW. YOU MAY INDIVIDUALLY ARBITRATE ANY CLAIM AGAINST LENDERS POCKET IN ANY JURISDICTION IN THE UNITED STATES. LENDERS POCKET WILL REIMBURSE YOU UP TO $300 OF YOUR ARBITRATION FILING FEE. THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION THEN IN FORCE SHALL GOVERN THE ARBITRATION (provided, however, that the terms of the Website Terms shall control over any inconsistency between the Rules of the American Arbitration Association and the Website Terms). The arbitrator shall have authority to interpret the Website Terms, including but not limited to the authority to decide whether any claim is arbitrable under the Website Terms and to decide issues related to the scope of arbitration, the rules of arbitration, the arbitrator’s jurisdiction, and the enforceability of the Website Terms. You agree that the Website Terms involves commerce under 9 U.S.C. §§ 1 et seq. and that this Arbitration Clause is governed by federal law, including the Federal Arbitration Act. The remainder of the Website Terms is governed by the laws of the state of Minnesota.
You represent and warrant to us that: (a) you are at least eighteen (18) years old; (b) you possess the legal right and ability to enter into this Agreement; (c) all information submitted by you to us is complete, true and accurate, (d) your use of the Website, purchase of any products or use of any Services provided are solely for business purposes, and your use or purchase is not for personal, family, nor household purposes; (e) you will not use the Website or Services for any purpose that is unlawful or prohibited by this Agreement and (f) Lenders Pocket may refuse service, close accounts of any users, and change eligibility requirements at any time.
The Term begins when you use this Website or when you click the “Submit” button(s) and continues as long as you use the Service. Clicking the button(s), checking the box(es) and/or entering your username means that you’ve officially “signed” the Terms. If you sign up for Lenders Pocket’s services on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
3. Closing Your Account.
You or Lenders Pocket may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we’ll refund any unused balance due to you. We won’t refund or reimburse you if there’s cause, like a violation of these Terms. Once terminated, we may permanently delete your account and all the data associated with it.
Lenders Pocket does not issue refunds, unless your card was inadvertently overcharged. Our Refund Policy shall be treated as part of these Terms.
6. Fee Changes.
We may change our fees at any time by posting a new pricing structure to our Website or sending you a notification by email.
7. Proprietary Rights Owned by Us.
You shall respect our proprietary rights in the Website and the software used to provide the website, products, and/or services (proprietary rights include patents, trademarks, service marks, and copyrights).
8. Proprietary Rights Owned by You.
You represent and warrant that you either own or have permission to use all of the material that you upload to this Website or communicate to us. You retain ownership of the materials you upload to the website or otherwise submit to us. You grant Lenders Pocket a perpetual, irrevocable, unlimited, worldwide, fully paid/sub licensable license to use, copy, perform, display, distribute, and make derivative works from content you post.
will be treated as part of these Terms.
RULES AND PROHIBITED CONDUCT
10. Prohibited Actions.
You shall not:
- Decipher, decompile, disassemble, or reverse engineer any of the software on our Website, or in any way used or downloaded from the Website.
- Use or provide software or services that interact or interoperate with us, including but not limited to downloading, uploading, posting, flagging, emailing, search, or mobile use. Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited. You agree not to collect users’ personal and/or contact information (“PI”).
11. Mutual Non-Disparagement.
You agree and warrant and that you shall not disparage or comment negatively, directly or indirectly, about Lenders Pocket, or its Team. We agree and warrant and that we shall not disparage or comment negatively, directly or indirectly about you; except we may reports debts owed by you to us to Credit Reporting Agencies. Disparagement shall be defined as any remarks, comments or statements that impugn the character, honesty, integrity, morality, business acumen or abilities in connection with any aspect of our dealings with each other. You and Lenders Pocket agree and acknowledge that this non-disparagement provision is a material term of this Agreement; the absence of which would have resulted in Lenders Pocket refusing to enter into this Agreement.
12. Non-Use and Non-Disclosure.
You agree that all communications with us shall be considered private and confidential information and you shall not under any circumstance disclose, publish, broadcast, make known in any way shape or form, or use the content of such communications, regardless if the communication is made verbally or in written form, without our express written authorization.
13. Compliance with Laws.
You represent and warrant that your use of Lenders Pocket’s website, services, and/or products shall comply with all applicable laws and regulations. You agree to indemnify and hold us harmless from any losses, including attorney fees that result from your breach of any part of your warranties and representations.
14. Limitation of Liability.
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website.
IN NO EVENT SHALL LENDERS POCKET, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO THE WEBSITE OR THE MATERIALS REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY OR INTERRUPTION IN OPERATION OR SERVICE OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATIONS FAILURE, THEFT OR OTHERWISE. LENDERS POCKET SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER RESULTING FROM ANY FAILURE OF THE INTERNET.
Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law. Our total liability for all claims made about the Service shall be limited to $100.00.
15. No Warranties.
Lenders Pocket makes no representations regarding the availability and performance of its Website. You hereby acknowledge that any use of the Website and reliance upon any Materials shall be at your sole risk and that Lenders Pocket shall not be liable for any loss of data, lost profits or any other damages or losses resulting from such use.
THE WEBSITE AND MATERIALS ARE PROVIDED BY LENDERS POCKET ON AN “AS IS” BASIS AND AS AVAILABLE, WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. LENDERS POCKET EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. WE MAKE NO REPRESENTATIONS THAT THE WEBSITE OR MATERIALS WILL MEET YOUR REQUIREMENTS, OR THE RESULTS THAT YOU MAY GAIN FROM YOUR USE OF THE WEBSITE. LENDERS POCKET DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH THE WEBSITE WILL BE FREE OF VIRUSES, “WORMS”, “TROJAN HORSES”, OR THEIR HARMFUL COMPONENTS. LENDERS POCKET’S ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES PROVIDED BY LENDERS POCKET SHALL BE CANCELLATION OF YOUR ACCOUNT.
You agree to indemnify, defend, and hold harmless Lenders Pocket, its officers, directors, employees, agents, representatives, vendors and distributors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation or breach of any representation or obligation under the Website Terms. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.
17. Attorney Fees.
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.
18. Liquidated Damages.
In some instances, a breach of these Terms could cause damages, but proving the actual damages would be impossible. These instances shall result in the corresponding liquidated damages, which are a reasonable pre-estimate of the damages:
- Each time You violate the Non-Use and Non-Disclosure terms, then the liquidated damages will be $5,000, for each violation.
- Each time You violate the Non-Disparagement terms, the liquidated damages will be $25,000, for each violation.
If you fail or refuse to pay fees due to us when they are due, your account may be turned over for collection and possible litigation, and you hereby agree to pay all reasonable attorneys fees, court costs, filing fees, and collection costs which may be assessed by us, our attorneys, or any collection agency retained to pursue the matter, along with interest at the highest rate allowed by law.
WE REPORT COLLECTION ACCOUNTS TO ALL 3 CREDIT BUREAUS.
20. Subpoena Fees.
If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
We and our Team aren’t responsible for the behavior of any brokers, suppliers, or other Users. Any information contained on the Website with respect to results obtained by Lenders Pocket is not meant to indicate that the same or similar results can or will be obtained in other cases or situations. Results will vary depending on the facts and circumstances of each individual matter. Prior results do not predict, warrant or guarantee a similar outcome. References to past or present clients or the circumstances of their specific matters do not constitute testimonials or endorsements by such clients, nor are they a guarantee, warranty or prediction of the outcome of your case.
Unique experiences and past performances do not guarantee future results. Testimonials herein are non-representative of all clients; certain accounts may have better or worse performance than that indicated. In accordance with the FTC guidelines concerning the use of endorsements and testimonials in advertising, please be aware of the following:
Testimonials appearing on this website are received in various forms via a variety of submission methods. The testimonials reflect real life experiences of individuals who used our products and/or services. However, individual results may vary. We do not claim, nor should the reader assume, that any individual experience recounted is typical or representative of what any other consumer might experience. Testimonials are not necessarily representative of what anyone else using our services may experience. The people giving testimonials on this website may have been compensated with free products or discounts for use of their experiences.
The testimonials displayed are given verbatim except for grammatical or typing error corrections. Some testimonials may have been edited for clarity, or shortened in cases where the original testimonial included extraneous information of no relevance to the general public. Lenders Pocket is not responsible for the opinions or comments posted on this website, and does not necessarily share the opinions, views, or commentary of postings on this website. All opinions expressed are strictly the views of the poster or reviewer. All testimonials are reviewed for authenticity before they are posted for public viewing.
22. Force Majeure.
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, acts of hackers or third-party service providers or suppliers.
23. Equitable Relief.
If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief in any state or federal court in the State of MInnesota, and you consent to exclusive jurisdiction and venue in such courts.
24. Arbitration and Choice of Law.
THE WEBSITE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MINNESOTA, USA, AS THEY APPLY TO AGREEMENTS MADE SOLELY THEREIN, PROVIDED, HOWEVER, THAT THE ARBITRATION CLAUSE IS GOVERNED BY FEDERAL LAW.
The Arbitration Clause, and any obligations described in this Agreement shall survive termination of the Website Terms. Lenders Pocket shall not be deemed to have waived any rights or remedies in the Website Terms unless such waiver is in writing and signed by Lenders Pocket. No delay or omission on the part of Lenders Pocket in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a waiver of any rights or remedies on future occasions.
You may not assign any of your rights under this Agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
Any provision of this Agreement which imposes an obligation shall survive the termination or expiration of this Agreement.
In the event that any provision or covenant of this Agreement shall be held invalid, illegal or unenforceable by a court or arbitrator of competent jurisdiction for any reason, including but not limited to the scope thereof, then such provision will be severed and replaced with a new provision that most closely reflects the original intention thereof, and the remaining provisions of the Agreement will remain in full force and effect for the greatest time period and for the broadest scope permitted by applicable law. Without limiting the foregoing, you agree and request that if any court or arbitrator of competent jurisdiction considers any provision or covenant of the Agreement to be overly broad based on the circumstances at the time enforcement is requested, that such court or arbitrator construe and enforce the provision or covenant to the fullest extent that such court or arbitrator deems reasonable.
The headers and sidebar text are provided only to make this Agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.
29. Amendments and Waiver.
Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. That aside, additional terms may apply to certain features of the Service (the “Additional Terms”). The Additional Terms will be considered incorporated into these Terms when you activate the feature. Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
30. Further Actions.
You will use best efforts to provide all documents and take any actions necessary to meet your obligations under these Terms.
31. Contact Information and Notice.
. Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Legal Department, Lenders Pocket, 14451 MN-7, Suite 229, Minnetonka, MN 55345 or any addresses as we may later post on the Website.
32. Authorization to Contact You and Call Recording.
, including telephone numbers you have provided us, or that we have obtained from third parties or collected by our own efforts. If the telephone number that we have collected is a mobile telephone number, you consent to receive SMS or other text messages at that number. Standard telephone minute and text charges may apply if we contact you at a mobile number or device. You agree we may contact you in the manner described above at the telephone numbers we have in our records for these purposes:
- To contact you for reasons relating to your account or your use of our Services (such as to collect a debt, resolve a dispute, or to otherwise enforce our Agreement) or as authorized by applicable law.
- To contact you for marketing, promotional, or other reasons that you have either previously consented to or that you may be asked to consent to in the future. If you do not wish to receive such communications, you can opt-out by sending us a communication that states You are opting out.
We may share your telephone numbers with our service providers (such as billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under the Agreement, our policies, or any other agreement we may have with you. These service providers may also contact you using autodialed or prerecorded messages calls and/or SMS or other text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes. We will not share your telephone number with non-affiliated third parties for their purposes without your explicit consent, but may share your telephone numbers with members of our corporate family and/or our affiliates, for their use, as authorized. Members of the Lenders Pocket corporate family and/or our affiliates will only contact you using autodialed or prerecorded message calls and/or SMS or other text messages, if you have requested their services.
We may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with us or our agents for quality control and training purposes or for your own protection. You acknowledge and understand that, while your communications with us may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by us, and we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.
33. Personal Guarantee.
You agree you are personally liable to Lenders Pocket for all debts incurred by you whether personally or on behalf of a third party, or incurred on your behalf. You represent that if you are using someone else’s credit card to pay fees to Lenders Pocket, you are acting as that person or entity’s agent. As their agent, you agree to accept these terms on their behalf and legally bind them to this Agreement. If you are acting as the agent for a business entity, you agree as that business entity’s agent, that the principals of that business entity will be personally liable for all debts incurred by that business.
34. Entire Agreement.
, and any Additional Terms you’ve agreed to are incorporated herein and make up the entire Agreement and supersede all prior agreements, representations, and understandings.
A. LENDERS POCKET TERMS
These Customer Terms and the User Terms above apply to all Customers who apply for Unsecured Funding:
- You agree to pay us the Success Fee of 12% (Twelve Percent) of the maximum credit limit or maximum gross loan amount of each credit facility approved with our assistance and understand that Success Fees are due within 1 business day after you receive access to funds. For Credit Card Approvals, we allow you to pay the Success Fee using the actual Credit Card(s) you receive in the mail. We may submit up to a Maximum of 15 Credit Applications for you and/or your Business to Lenders we select. Any additional Credit Applications will need your written authorization. We cannot guarantee that you will be approved for any particular amount of financing. Results vary from Client to Client. We will not honor any request to limit, restrict, and/or exclude any Lender(s) or Financial Product(s) from our internal list of potential Lenders we may submit your Credit Application to. By using our Service you are trusting our judgment in selecting all Lenders and Financial Products.
- You must be actively involved in the application process and follow our instructions in a timely manner. We will always do as much as possible to save you time and facilitate the process for you, but there are certain things you will need to do yourself. You must be honest and tell us the truth about how much you are approved for with each lender, and you must be ready and willing to accept all the unsecured financing we obtain for you up to your requested maximum – whether it is a Loan, Line of Credit, or Credit Card, and you must not intentionally sabotage any Approvals we obtain for you by failing to provide information, failing to do verification calls, and/or declining Approvals.
- You must inform us of each lender’s approval or denial decision in a timely manner. You will do this by providing us with either an approval or denial letter from the lender within a maximum of 30 calendar days from each credit application submission date.
- UNPAID SUCCESS FEE POLICY: You hereby authorize us to send written demand to Lenders ordering them to immediately terminate and shut down any Credit Accounts obtained on your behalf for which you fail to pay the Success Fees Due or for which the Success Fees due cannot be determined due to your failure to provide Approval/Denial Letters.
- REFUND POLICY: Once you activate a Credit Card, Loan, or Line of Credit and have access to the Funds, our Success Fee for the Approval is Fully-Earned and Non-Refundable. We are not responsible for subsequent Lender actions after a Credit Facility is activated. ALL SALES ARE CONSIDERED FINAL AND NON-REFUNDABLE. THERE ARE NO CASH REFUNDS – WE ISSUE STORE CREDIT ONLY.
B. BROKER TERMS
If you are a Broker, the User’s Terms and the Broker’s terms apply to you.
1. Appointment of Broker.
Company appoints Broker as a non-exclusive independent contractor to market the business services for the Company subject to terms, conditions, and covenants set forth in this Agreement (the “Services”). Broker accepts such appointment and agrees to comply with the terms and to perform all conditions in this Agreement.
2. Solicitation of Customers.
a. Broker shall solicit potential business customers for the purchase of the Lenders Pocket services. Broker shall earn a commission of 50% of the fee Lenders Pocket receives, on all successful funding authorized when your customer pays the success fee to Lenders Pocket.
b. Broker is not authorized to give any quotations; or make any bid, formal or informal; or to execute or initial any written contract or agreement or any written commitment; or make any oral representations or commitments which would be binding upon Company without the express written permission of Company, including but not limited to any expressed or implied service warranties.
c. It is Brokers exclusive responsibility to deal with his customers. Broker may not copy his customer on any communications with Company.
3. Independent Contractor Status.
a. Status. Broker is an independent contractor of Company. Nothing contained in this Agreement shall be construed to create the relationship of employer and employee, principal and agent, partnership or joint venture, or any other fiduciary relationship.
b. No Authority. Broker shall have no authority to act as agent for, or on behalf of, Company, or to represent Company, or bind Company in any manner. Broker shall not use Company’s name, logo, copyright, trademark, trade name or any near resemblance of such name or trademark which in the opinion of Company, would infringe upon or dilute the logos, names and/or trademarks or copyrights of Company, or which in the opinion of Company bears such near resemblance to any logos, names and/or trademarks or copyrights of Company might deceive customers or create confusion, or any other identifying mark on any stationery, documents, or advertising without prior written consent of Company.
c. No Benefits. Broker shall not be entitled to workers’ compensation, retirement, insurance or other benefits afforded to employees of Company.
d. Taxes. Broker is responsible for payment of all taxes on income earned as a Lenders Pocket Independent contractor.
4. Representations and Warranties.
Broker warrants that:
a. Service Suitability. Broker fully understands that Lenders Pocket services shall only be sold to customers whose use is for business purposes, and not to customers use is for personal, family, or household purposes.
b. Authority. Broker has the full right to allow it to provide the Company with the assignments and rights provided for herein.
c. Performance. The Services shall be performed in a professional and workmanlike manner and that none of such Services or any part of this Agreement is or will be inconsistent with any obligation Broker may have to others. Broker shall refrain from engaging in conduct or activities that might be detrimental to or reflect adversely on the reputation of Lenders Pocket, Broker or Lenders Pocket services, and shall not engage in any discourteous, deceptive, misleading or unethical practices or activities.
d. Compliance with the Law. Broker shall abide by all federal, state, and local laws, ordinances and regulations.