Terms of Use

Agreement to Terms of Use

The MerchandiseLending.com service and website are operated by MerchandiseLending.com (“ML”). ML is in the business of providing loan or credit line origination services (the “Services”). ML is not an investment advisor, financial planner, or fiduciary, and does not provide financial, securities, legal, or tax advice. The term “you” is defined as the individual using this Website, defined below, and the company engaging with the Services.

By using the information, tools, features and functionality located at merchandiselending.com or its subdomains (the “Website”), you signify that you have read, understand, and agree to be bound by these Terms of Use (the “Agreement”). You further agree all information you provide to ML is accurate and complete.

You may not use the Services if you are under 18 years of age. BY USING THE WEBSITE OR USING ANY OF THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND ARE A LEGAL RESIDENT OF THE UNITED STATES OR CANADA.

Modifications

ML may make changes to this Agreement from time to time at its sole discretion. Your continued use of the Services or the Website after an update will constitute acceptance of such revisions. We may notify you of changes, but have no obligation to do so and you should periodically visit this page to review any changes to this Agreement as they are binding upon you regardless of whether you actually received notice of the modifications.

Electronic Communications

By using the Services or the Website, you consent to receive any and all communications from ML including any document via electronic means, including by telephone and/or email regardless of the format of the original inquiry.

Consent to Be Contacted

By submitting your contact information to us (by any means), you are expressly consenting to be contacted by ML, including by telephone, email, or postal mail even if you have opted into any state, federal, or corporate Do Not Call registry.

By submitting your contact information or using the Website or Services, you are consenting to be contacted by us including by written notices, email messages, or telephone, via any contact information we have for you in our records, and, in connection with any such telephone calls, you consent to the use of pre-recorded/artificial voice messages and/or automatic dialing devices at any telephone number associated with your contact information, including mobile telephone numbers that could result in charges to you for matters related to your use of the Website or Services.

You hereby further consent that we may utilize third-party services and other providers for the purposes of contacting you on our behalf in accordance with this Agreement. You also consent to be contacted about financing and related services, by the same means, by the lending partners and referral partners to whom ML refers your business.

You authorize ML and those acting on its behalf to deliver or cause to be delivered advertisements or telemarketing messages, including calls using an automatic telephone dialing system or an artificial or prerecorded voice, to the telephone numbers you have provided to ML (including your cellular phone numbers). You agree that this consent applies even if the numbers you have provided are currently on any state, federal, or corporate Do Not Call registry. You always have the right to opt out or unsubscribe by contacting us directly at support@merchandiselending.com.

All of the above applies to text messaging where permitted.

Your consent to receive marketing calls and/or text messages using automated technology is not a condition of obtaining any financing or Service from ML. Message and data rates may apply, and message frequency varies. You can reply STOP to any text message to opt out or contact us at support@merchandiselending.com, and you can opt out of calls and other messages at any time as described in the Privacy Policy.

Third-Party Sites or Content

The Website, Services, or other materials sent to you may contain links to other websites or services (“Third-Party Sites”), as well as content from third parties. ML is not responsible for such Third-Party Sites or content from third parties, including without limitation accuracy, reliability, offensiveness, privacy, security, or appropriateness. If you decide to leave the Website and access Third-Party Sites or third-party content, this Agreement and ML policies do not apply to those Third-Party Sites or third-party content. You access Third-Party Sites and third-party content at your own risk.

In addition, if any such link is to a capital provider or lender, ML acts solely as a referrer and does not guarantee or underwrite the products or services, including credit products, provided by such capital provider or lender. You will be deemed a customer of that capital provider or lender with respect to any products or services provided by such capital provider or lender. ML has no role in, nor any liability for, any decision made or product or service provided by such other capital provider or lender outside of our Website and/or Services.

Website Content

ML strives to provide accurate and up-to-date information on the Website. However, ML is not liable for errors, delays, or actions taken based on the content of the Website. The materials on the Website may not be copied, modified, or redistributed for commercial purposes, and reposting any materials on external websites is strictly prohibited.

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

YOU AND ML AGREE THAT ALL DISPUTES BETWEEN YOU AND ML ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT MUST BE RESOLVED THROUGH MANDATORY BINDING INDIVIDUAL ARBITRATION PURSUANT TO THIS SECTION.

• This provision is governed by the Federal Arbitration Act, 9 U.S.C. section 1 et seq. (the “FAA”).
• A neutral arbitrator will be selected by mutual agreement of the parties. If the parties cannot mutually agree to an arbitrator, the arbitrator will be determined by JAMS according to its procedures (www.jamsadr.com).
• CLASS AND COLLECTIVE ACTION WAIVER. EACH PARTY MAY PURSUE ARBITRATION SOLELY IN AN INDIVIDUAL CAPACITY, AND NOT AS A REPRESENTATIVE OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON OR ENTITY. THE ARBITRATOR IS WITHOUT JURISDICTION TO PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. YOU AND ML WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST ANY OTHER PARTY ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW. TO THE EXTENT THAT ANY PARTY IS PERMITTED BY LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION, THE PARTIES HEREBY AGREE THAT ANY SUCH ACTION MUST PROCEED IN LITIGATION BEFORE A COURT, AND NOT IN ARBITRATION. IF THIS PROVISION IS FOUND BY A COURT TO BE UNENFORCEABLE AS TO SOME CLAIMS ASSERTED BY A PARTY, ALL PROCEEDINGS RELATING TO SUCH CLAIMS SHALL BE STAYED IN COURT AND WILL NOT PROCEED UNTIL THE ARBITRATION PROCEEDING AS TO THE ARBITRABLE CLAIMS IS COMPLETE.

LIMITATION ON LIABILITY

TO THE GREATEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ML OR ITS DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES 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 WEBSITE OR 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 ML IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PARTIES UNDERSTAND THAT THE WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

WARRANTY

ML DISCLAIMS 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. THE WEBSITE AND SERVICES ARE PROVIDED AS-IS, WITH ALL FAULTS, AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, TO THE FULL EXTENT PERMITTED BY LAW. ML CANNOT GUARANTEE THAT YOUR USE OF THE WEBSITE OR SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT THE SECURITY OR TRANSMISSION OF INFORMATION AND MONEY WILL BE WITHOUT DEFECT.

GOVERNING LAW, VENUE, AND JURISDICTION

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 laws that would require or permit the application of laws of any other jurisdiction, will govern this Agreement or your use of the Website and Services. By using the Website or Services, you agree that you are submitting yourself to the jurisdiction of the courts within the state of New York (including federal courts located in the State of New York) and waive any jurisdictional venue or inconvenient forum objections to such courts.

INDEMNIFICATION

You agree to defend, indemnify and hold ML and its affiliates, directors, officers, employees, agents, contractors, successors or assigns harmless from and against all third-party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by ML arising out of your breach of this Agreement or violation of applicable law, any of your submissions, your use of or access to the Website or Services, or access by anyone on your behalf. ML reserves the right to assume or participate, at your expense, in the investigation, settlement, and defense of any such action or claims, and to direct its own defense in all respects at your sole expense.

SEVERABILITY

If any part of this Agreement is void or unenforceable, all remaining terms shall remain valid and enforceable.

How to Contact Us

To contact us for questions or concerns, please email us at support@merchandiselending.com.