Cloudberry Loans, LLC service and website (each as defined below) are operated by Cloudberry Loans, LLC (“Cloudberry Loans LLC”). Cloudberry Loans, LLC is in the business of providing customers with merchant cash advances and related services (collectively “Service” or “Services”). Cloudberry Loans LLC is not an investment advisor or financial planner, and we do not provide securities, legal or tax advice. Before making any decision or implementing any strategy, you should consider obtaining additional information and advice from your accountant, attorney, and/or other advisors.
By using the information, tools, features, and functionality located at www.cloudberryloans.com or subdomains (the “Website”) or by submitting an application for the purchase of your future receipts and/or Service to Cloudberry Loans, LLC, you signify that you have read, understand, and agree to be bound by these Terms and Conditions (the “Agreement”) for any and all applications for Services to Cloudberry Loans, LLC.
You further agree that all information provided by Merchant and/or Guarantor of Performance as part of the application process for the Services is true and complete.
You may not use the Service and you may not accept this Agreement if you are under 18 years of age. You represent that you have the capacity to bind the company or entity applying for credit, on behalf of such company or entity. Before you continue, you should print or save a copy of this Agreement for your records.
In addition to this Agreement, you may enter into other agreements that govern the terms of your use of the Service. If there is a conflict between this Agreement and such other agreements that are applicable to specific aspects of the Service, the other agreement shall govern with respect to those specific aspects.
Cloudberry Loans, LLC may change this Agreement from time to time. If we do, the date at the top of this page indicates when the latest revisions were made. Your continued use of the Service and the Website will constitute acceptance of such revisions.
For information about Cloudberry Loans, LLC’s data protection practices, please read our Privacy Policy, which can be accessed on the Website, as modified from time to time, and which is hereby incorporated into this Agreement.
The Privacy Policy explains how Cloudberry Loans, LLC collects, treats, and protects your personal and company information, and how you may access Cloudberry Loans, LLC and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the Website.
To help the government fight the funding of terrorism and money laundering activities, federal law requires financial institutions to obtain, verify, and record identifying information that identifies each person and entity applying for credit.
Therefore, when your company applies for credit, we may ask for your name, address, and other information that allows us to identify you and your company. We may also ask for a driver’s license or other identifying documents.
In connection with the provision of the Service, users may submit financial information from their business banking account to Cloudberry Loans, LLC. Cloudberry Loans, LLC uses this information for its lending decisions and may require updates to monitor performance of customers on an ongoing basis. With the Service, users may direct Cloudberry Loans, LLC to retrieve company information maintained online or otherwise by third-party financial institutions or organizations authorized to house such information.
All content on the Website or used by the Service, including but not limited to text, names, designs, pictures, information, and software, are the proprietary property of Cloudberry Loans, LLC, with all rights reserved.
You are permitted to use the content delivered to you through the Service or Website only for your own use. You may not copy, reproduce, modify, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any part of the Service technology.
You hereby consent to receive electronic means (or in writing through postal mail or email), this Agreement, communications, disclosures, and notices, including and any and all disclosures and/or notices required to be given by applicable law or regulation.
You also consent to allow Cloudberry Loans, LLC to respond to any inquiries via email, at the email address you have provided, regardless of the format of the original inquiry.
You must also agree to our E-Sign Consent Agreement to continue the online application process.
The Service may contain links to other websites (“Third Party Sites”), as well as content from third parties. Cloudberry Loans, LLC is not responsible for such Third Party Sites or third-party content, including without limitation accuracy, reliability, offensiveness, or appropriateness. If you decide to leave the Website and access Third Party Sites or third-party content, this Agreement and Cloudberry Loans, LLC policies no longer apply.
With respect to third parties, Cloudberry Loans, LLC acts solely as a referrer and does not guarantee or underwrite the products or services, including without limitation capital products, provided by such capital provider. You will be deemed a customer of that capital provider with respect to any products or services provided by such capital provider. Cloudberry Loans, LLC has no role in, and no liability for, any decision made or product or service provided by a capital provider.
You understand and agree that our agents and assignees are authorized to contact third parties to conduct background checks and other investigative reports, including your credit card sales data as described below, and make credit report inquiries (including requesting business and personal credit reports from credit reporting agencies and other sources) or for any other lawful purpose.
Cloudberry Loans, LLC has the authority for the foregoing in connection with any update, renewal, or extension of the capital to the company whose behalf you are applying for such capital. Upon your written request, we will advise you if we obtained a credit report.
You understand and agree that Cloudberry Loans, LLC is making no commitment or guarantee that any product, evaluation, or guidance provided by Cloudberry Loans, LLC or anyone else for that matter will result in an approval for Services.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE WEBSITE OR THE SERVICES, INCLUDING THE UNAVAILABILITY OF THE SERVICES FOR ANY REASON, OR ANY SYSTEM FAILURE OR MALFUNCTION ASSOCIATED WITH THE SERVICES, AND INCLUDING ANY THIRD PARTY CLAIMS, WHETHER BASED ON THEORIES OF BREACH OF CONTRACT, TORT, PRODUCT LIABILITY, OR BREACH OF WARRANTY.
THESE LIMITATIONS OF LIABILITY WILL APPLY EVEN IF WE ARE ADVISED ON THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PARTIES UNDERSTAND THAT THE SERVICES BY US WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
WE DISCLAIM ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY LIABILITY FOR ERRORS OR OMISSIONS IN ANY INFORMATION PROVIDED AS PART OF THE SERVICES OR ON THE WEBSITE AND ANY WARRANTIES REGARDING THE OPERABILITY OF THE SERVICES OR LIABILITY FOR ANY SERVICE INTERRUPTIONS OR SYSTEM FAILURES THAT MAY AFFECT THE SERVICES AT ANY TIME.
By accessing the Website or using Services, you agree that the laws of the State of New York, without regard to any principles of conflict of law that would require or permit the application of laws of any other jurisdiction, will govern this Agreement or your use of the Services.
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