Call now to see what you may qualify for at 1-630-800-6845
We provide tailored loan for your specific needs, backed by our proven track record. Reach out to talk to a credit specialist
We provide tailored loan for your specific needs, backed by our proven track record. Reach out to talk to a credit specialist
OUR EXPERTICE
We specialize in Business Loans for your company's needs. We offer Equipment Financing and Leasing, (as well as Working Capital Loans) for practically any type of equipment, whether it be heavy machinery, electronic equipment, or basic office equipment for your business.
Transform your business ideas into reality with a finance partner that understands your vision. Our focus is on empowering today’s agile entrepreneurs with fast financing solutions, ensuring that nothing hinders the conversion of your ideas into profits.
Our applications are short and simple, and our approval process is quick. Because we know you don’t have time to wait for funding. We are constantly striving to provide the best quality service. We encourage you to explore our website and give us a call to obtain all of the information you need to make an informed decision. We are here to support you and your business, so please call and get a free quote.
We’ve helped thousands of small business owners receive same-day funding using our automated online applications.
Secure the funding you need to start, grow, or acquire a business with our customized financing solutions and expert advice.
Our rates start in the 5 percent range for A paper customers. We can fund anybody down to a 500 credit score with terms out to as long as 72 months if qualified.
We strive to stay in communication with our clients. Have a question about how we can match your specific needs? Send us a message, or give us a call. We're always happy to meet new customers!
Application Agreement
Effective Date: 05/01/2024
By clicking the “Submit” button, each of the above-listed business and business owner/officer (individually and collectively, “you”) authorize Iron Capital LLC . and each of its representatives, successors, assignees and designees (“Recipients”) that may be involved with or acquire commercial loans having daily repayment features or purchases of future receivables including Merchant Cash Advance transactions, including without limitation the application therefor (collectively, “Transactions”) to obtain consumer and/or personal, business and investigative reports and other information about you, including credit card processor statements and bank statements, from one or more consumer reporting agencies, such as TransUnion, Experian and Equifax, and from other credit bureaus, banks, creditors and other third parties. You also authorize Iron Capital LLC to transmit this application form, with any of the foregoing information obtained in connection with this application, to any or all of the Recipients for the foregoing purposes. You also consent to the release, by any creditor or financial institution, of any information relating to any of you, to Iron Capital LLC and to each of the Recipients, on its own behalf. I am providing my business cell phone and business e-mail address and hereby consent to the receipt of correspondence/messages regarding transactions with Iron Capital LLC and/or its affiliates on either medium. You also understand and accept that electronic signaturesac and records are just as good as their paper equivalents, and therefore subject to the same legal scrutiny of authenticity that applies to paper documents. You also agree to receive legal disclosures electronically to any email address provided by yourself.
This application submitted electronically shall have the same force and effect as if the application bore an inked original signature(s). The above information, together with any accompanying financial statements, schedules, or other materials, is submitted for the purpose of obtaining credit and is warranted to be true, correct, and complete. The undersigned hereby warrants that any individual identified above who is either a principal, a personal guarantor, or a sole proprietor of the credit applicant, recognizing that his/her individual credit history may be a factor in the evaluation of the credit history of the applicant, has provided his/her written authorization for inquiry into their credit worthiness, including but not limited to obtaining a consumer credit report, and shall hold Iron Capital LLC and its assignees harmless from same.
Iron Capital LLC is hereby authorized to investigate (directly or through an agent or nominee) your/their credit and financial responsibility. You understand that such investigation may include seeking information as to the background, credit, and financial responsibility of your officers and principals (or any of them).
The Merchant and Owner(s)/Officer(s) identified above (individually, an “Applicant”) each represents, acknowledges and agrees that (1) all information and documents provided to Iron Capital LLC (“Company”) including credit card processor statements are true, accurate and complete, (2) Applicant will immediately notify Company of any change in such information or financial condition, (3) Applicant authorizes Company to disclose all information and documents that Company may obtain including credit reports to other persons or entities (collectively, “Assignees”) that may be involved with or acquire commercial loans having daily repayment features or purchases of future receivables including Merchant Cash Advance transactions, including without limitation the application therefore (collectively, “Transactions”) and each assignee is authorized to use such information and documents and share such information and documents with other Assignees, in connection with potential Transactions, (4) Each Assignee will rely upon the accuracy and completeness of such information and documents (5) Company, Assignees, and each of their representatives, successors, assigns and designees (collectively, “Recipients”) are authorized to request and receive any investigative reports, credit reports, statements from creditors or financial institutions, verification of information, or any other information that a recipient deems necessary, (6) Applicant waives and releases any claims against Recipients and any information providers arising from any act or omission relating to the requesting, receiving or release of information, and (7) Each Owner/Officer represents that he or she is authorized to sign this form on behalf of Merchant.
Name (Principal #1 Electronic Signature) Date Name (Principal #2 Electronic Signature) Date
In accordance with the USA Patriot Act, Federal law requires all financial institutions to obtain, verify, and record information that identifies each individual or entity opening an account. This includes all personal and commercial accounts including loan and deposit accounts, as well as trust, brokerage, insurance and investment management accounts. When you apply for credit, you will be asked for your name, address, social security or tax identification number, date of birth (if applicable) and other information that will allow Iron Capital LLC to identify you. You may also be asked to furnish your driver’s license or other identifying documents. The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status or age (provided the applicant has the capacity to enter into the binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. If for any reason your application for business credit is denied, you have the right to a written statement of the specific reasons for the denial. To obtain the statement, please write to: Accommodate Consulting LLC.
By clicking “Submit” and including your cellular telephone number in this application, you hereby agree that you may receive occasional SMS text messages from us regarding the status of your account, eligibility for renewal or promotions offered by us and our affiliates. At any time, you may Out of future SMS text messages by the following: 1. Reply “Stop” (messaging rates may apply); Email contact@ironbusinesscapital.com and specify that you would like to opt out. You may also mail your request to opt-out of both SMS messages and emails to Accommodate Consulting business address.
E-Sign Consent Agreement
By clicking the check box next to the E-Sign Consent Agreement, you are accepting all of the following terms and conditions relating to Iron Capital LLC’s (the “Company”), electronic notification/communications policy and the Company’s electronic consent and contract binding policy. Please read the information below carefully and thoroughly.
YOU AGREE TO ELECTRONIC CONTRACT BINDING
You consent that your electronic signature on agreements and 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. You understand and acknowledge that the federal Electronic Signatures in Global and National Commerce Act defines an “electronic signature” as an electronic sound, symbol or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to be bound by such contract or record. Based on this definition, you further consent that your electronic actions or your participation in certain electronic processes that are logically associated with a contract or any fully disclosed terms and conditions shall also have the same legal effect as if you signed such contract or agreed to such terms and conditions by providing your written signature in ink and you agree that such actions/participation will be deemed a valid and binding contract to the extent such actions/participation indicates your intent to be legally bound.
YOU AGREE TO ELECTRONIC COMMUNICATIONS
You hereby agree that the Company may provide any communication or notification to you electronically and you hereby consent to receive by electronic means any and all agreements, documents, disclosures and/or notices required to be given by applicable law, regulation or internal Company policy. You also consent to allow the Company to respond to any inquiries or communications by e-mail, fax or other electronic means regardless of the format of the original inquiry. You agree that electronic copies of communications are valid and you will not contest the validity or enforceability of such communications or any related transactions, absent proof of altered data or tampering. Pursuant to law and regulations, you agree and acknowledge that all electronic communications delivered to you by Company (i) shall be given the same legal effect as signed paper communications, (ii) shall be considered a “writing” or “in writing” and (iii) shall be deemed for all purposes to have been “signed” and to constitute an “original” when printed from electronic files or records established and maintained in the normal course of business. You agree that all electronic communications and actions recorded by Company shall be deemed valid and admissible originals.
YOU UNDERSTAND THE DISCLOSURES ABOUT CHANGING YOUR CONSENT
If you elect to receive required notices and disclosures only in paper format, it may slow the speed at which we can complete certain steps in transactions with you and delivering services to you. Nonetheless, you may change your consent at any time. Your consent to electronic communications and E-signing may also be withdrawn at any time by providing us with written notice that has been notarized and sent to the address below. Notwithstanding your change of consent, any electronic communications provided or agreements entered into with your electronic signature prior to your consent being withdrawn shall remain effective and binding.
Your correspondence must contain in the body of such request your e-mail address, full name, US Postal address, and telephone number. After your withdrawal of consent has been received and processed by, all subsequent notifications and communications will be sent by regular mail to the last known address on file with. You have the option to receive any information that we have provided electronically in paper form at no cost to you by providing a written request to the address above. Additionally, you will have the ability to download and print certain documents through the Company Online system.
YOU ACKNOWLEDGE AND CONFIRM YOUR CONSENT
If you consent to receiving notices and disclosures in electronic format on the terms and conditions described above, please let us know by clicking the check box next to “E-Sign Consent Agreement” on the previous page. By clicking the check box, you acknowledge and confirm that (1) you can access and read this E-SIGN CONSENT AGREEMENT; (2) you can print on paper the disclosure or save or send the disclosure to a place where you can print it, for future reference and access; and (3) until or unless you notify the Company as described above, you consent to receive from and through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by the Company during the course of your relationship with the Company.
Terms & Conditions
Effective Date: 01/01/2024
This agreement contains disclaimers of warranties, limitations on liability, releases, a class-action waiver, and the requirement to mediate and arbitrate all claims that may arise under this agreement. These provisions are an essential basis of this agreement.
2.1 Right to Change Agreement
The Company may change this agreement (the “Updated Agreement”) on one or more occasions.
2.2 Notice of Updated Agreement
Unless the Company makes a change for legal or administrative reasons, the Company will provide reasonable notice before the Updated Agreement becomes effective. You acknowledge that the Company may notify you of the Updated Agreement by posting it on the Site.
2.3 Acceptance of Updated Agreement
Your use of the Site or the service after the effective date of the Updated Agreement constitutes your agreement to the Updated Agreement. You should review this agreement and any Updated Agreement before using the Site or the service. If you do not agree to the Updated Agreement, your sole remedy is to stop accessing the Site or using the service.
2.4 Effective Date of Updated Agreement
The Updated Agreement will be effective as of the time of posting, or any later date as may be stated in the Updated Agreement, and will apply to your use of the Site and the service from that point forward, except that changes will not apply to continuing disputes or disputes arising out of or relating to events happening before the effective date of the Updated Agreement.
3.1 Description of the Service
The Company provides a free matching service that connects small businesses and small business owners (for a business purpose as provided in section 4.2) with lenders and other sources of funding and business financing solutions providers (“third-party funding providers”). These third-party funding providers do not represent all loan companies or all types of offers available in the marketplace and include third-party affiliate, referral, marketing, and lead generation websites. The Company is not a lender or finance provider and does not underwrite, approve, fund, or collect on loans or other financial solutions. You may request provisional pre-qualification for funds using the service at any time by providing the Company information and documents, including business name and address, amount and intended purpose of funding sought, certain financial information and documents regarding the business, and certain information and documents regarding your business owner (the “application information”). You will provide complete and accurate application information. By providing the application information to the Company, you authorize the Company to obtain information, including from third-party sources, to allow you to verify certain fields of your application information and for background check purposes as described in section 3.2. The Company may obtain this information at any time during your use of the service until either you or the Company terminate its rights under this agreement under section 16.1. If any of the application information does not match information the Company obtains from third-party sources under this section 3.1, you may modify the application information. You acknowledge that the Company may contact you, including by telephone or by SMS, to verify the application information or to provide additional application information.
3.2 Background Checks
By providing application information to the Company, you authorize the Company or its authorized agent to perform an initial background check (and later periodic follow-up checks) on you and any of your directors and officers to help the Company to determine your suitability for business financing. Each background check may include a review of the following information, which you authorize and consent to: (a) your data; (b) credit history; (c) whether you, or any of your directors and officers, has any state or federal convictions and criminal records; (d) information publicly available about you or any of your directors and officers; (e) information that the Company obtains from third-party service providers, including information derived or prepared by third-party data aggregation and analysis companies; and (f) whether you, or any of your directors and officers, have ever filed for bankruptcy. You will cooperate with the Company concerning background checks and will promptly, on request, provide (or sign) any information, documentation, or consent that the Company may require to perform a background check. You are responsible for obtaining and maintaining the consent of your directors and officers for the Company to perform a background check on them (solely for the purposes set out in this agreement). You acknowledge that any failure to provide the preceding information and cooperation may preclude you from being matched with a third-party funding provider.
3.3 Referrals
If your application information meets the pre-qualification criteria set by one or more third-party funding providers, the Company may identify that third-party funding provider or third-party funding providers to you (each one, a “matched third-party funding provider”), along with data regarding each third-party funding provider’s use of the service, including general details regarding amount of funding provided, interest rate, time between application for funding and fulfillment, and timing of repayment of funding (the “third-party funding provider details”). The Company may limit the number of third-party funding providers it identifies to you based on its determination of which third-party funding providers may be the best match for you based on the Company’s analysis of the application information. You may instruct the Company to identify you to one or more matched third-party funding providers, in which case the Company will identify you to those matched third-party funding providers and provide them with your application information on your behalf (each identification, a “referral”). You acknowledge that a referral does not guarantee you will receive funding from any matched third-party funding provider. You further acknowledge that the funding terms may differ from the terms that apply to funding you ultimately receive from a matched third-party funding provider.
3.4 Applying for Funding
Once the Company makes a referral to any matched third-party funding provider, the matched third-party funding provider will begin its underwriting process based on the application information and will determine, according to its own terms, whether to provide funding to you. You acknowledge that the Company has no role in a matched third-party funding provider’s decision to provide or not provide funding to you and that the Company provides the application information to the matched third-party funding provider on your behalf.
3.5 Information Sharing
Once you submit information to the Company, the Company will match your information with third-party funding providers and may forward your information to those third-party funding providers. You acknowledge those third-party funding providers may then contact you by email, telephone, mobile phone, or text message to discuss their services or products, that may include the use of automatic dialing technology. By submitting your information, you acknowledge that the Company only controls the Site and contact forms. The Company is not responsible for any third-party funding providers’ website, privacy policy, or any agreements you sign with them.
3.6 Information Collection
The Company may monitor and record your telephone and electronic communications with the Company at any time, without further notice to you or any party to the communication. By submitting your information, you are expressly giving the Company permission to contact you, to record calls between you and the Company, and to share those recordings, if requested by third-party funding providers, to ensure the Company’s compliance in the advertising and marketing of the third-party funding providers products or services.
3.7 No Fees
The Company does not charge you any fee for the service. The Company receives compensation only from the third-party funding providers for referring users. The Company’s compensation from a third-party funding provider varies depending on the total funding provided. The Company does not control a third-party funding provider’s terms, but the Company uses reasonable efforts to identify the specific amount of any fees or interest rates charged to you by a third-party funding provider. The Company also makes a reasonable effort to minimize or eliminate any impact that compensation paid to it may have on your fees and interest rates. Ultimately, however, funding terms are solely within the third-party funding provider’s discretion.
3.8 Affiliates
The Company’s rights, duties, and obligations under this agreement may be exercised or performed by the Company or any of its affiliates, or any of their subcontractors or agents. The Company will be solely responsible for the acts or omissions of its affiliates, and any subcontractor or agent of the Company or any of its affiliates, related to the subject of this agreement. You will bring any claim or action arising out of or related to any act or omission of the Company or its affiliates, or any of their respective subcontractors or agents, related to the subject of this agreement, against the Company only, and not against any of its affiliates, or any subcontractor or agent of the Company or any of its affiliates. You acknowledge that under no circumstances will a third-party funding provider be considered an affiliate for purposes of this agreement.
4.1 Use of Service in Accordance with Agreement and Applicable Law
You will not use the Site or the service for any illegal purpose. You will only use the Site or the service in accordance with this agreement and applicable law.
4.2 Business Purpose Only
While any person can access the Site, the service is only intended for use by businesses, companies, and organizations in the United States (if your business is not in the United States, you must not use the Site or the service). The service is not intended for use by individuals in their personal capacity. You will use the Site or the service for a bona fide business purpose only. You will not use the Site or the service for personal, family, or household purposes. An individual will only apply to use, and use, the service on behalf, and with the authorization, of a business. You will not use the Site or the service to obtain information about or make decisions about anyone but yourself and your business.
4.3 Truthful Information
You will provide complete and accurate information and only information that belongs to you. If your information becomes outdated or changes, it is your obligation to update that information. You will not use the Site or the service on behalf of another person or business, including the use of fictitious names or “seeds.”
5.1 License
During this agreement, the Company hereby grants you a nonexclusive, nonsublicensable, nontransferable license to access and use the Site and its services in accordance with this agreement.
5.2 Intellectual Property Rights
The Site and its entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of it) are owned by the Company, its licensors, or other providers of the material and are protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The Company reserves all rights not expressly granted in the Site and the service. You will not engage in the use, copying, or distribution of any part of the Site or the services other than as expressly permitted.
5.3 Trademarks
The Company’s name and logo are the Company’s trademarks, and must not be copied, imitated, or used, in whole or in part, without the Company’s advance written permission. In addition, all page headers, custom graphics, button icons, and scripts are the Company’s service marks, trademarks, and trade dress, and must not be copied, imitated, or used, in whole or in part, without the Company’s advance written permission.
5.4 User Conduct
You will not engage in the following prohibited activities:
(a) copying, distributing, or disclosing any part of the Site in any medium, including by any automated or nonautomated “scraping”;
(b) using any automated system, including “robots,” “spiders,” “offline readers,” etc., to access the Site or the service;
(c) transmitting spam, chain letters, or other unsolicited email;
(d) use the Site or the service to collect email addresses for sending unsolicited emails;
(e) attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site;
(f) taking any action that imposes, or may impose at the Company’s sole discretion an unreasonable or disproportionately large load on the Site infrastructure;
(g) uploading invalid data, viruses, worms, or other software agents through the Site;
(h) collecting or harvesting any personally identifiable information, including account names, from the Site;
(i) using the Site or the service for any commercial solicitation purposes;
(j) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
(k) interfering with the proper working of the Site;
(l) accessing any content on the Site through any technology or means other than those provided or authorized by the Site;
(m) bypassing any security measures the Company may use to prevent or restrict access to the Site or the service, including features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or its content;
(n) decipher, decompile, disassemble, reverse engineer, or otherwise try to derive any source code or underlying ideas or algorithms of any aspect, feature, or part of the Site or the services; or
(o) modify, translate, or otherwise create derivative works of any part of the Site or the services.
6.1 Account Creation
To access parts of the Site, you may have to create an account. To create an account, you must provide the Company with accurate information as prompted by the registration form. You also must choose a password and a username.
6.2 Responsibility for Account
You are responsible for keeping the confidentiality of your password and account. Further, you are responsible for all activities that occur under your account. You will promptly notify the Company of any unauthorized use of your account or any other breach of security.
6.3 Liability for Account Misuse
The Company will not be liable for any loss you may incur because of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by the Company or another person due to someone else using your account or password.
6.4 Use of Other Accounts
You will not use anyone else’s account at any time.
8.1 Content Ownership
You retain all ownership rights to content uploaded to the Site.
8.2 Content License
By submitting content to the Site, you hereby grant the Company a worldwide, nonexclusive, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Site, the service, and the Company’s (and its successors’ and affiliates’) business, including for promoting and redistributing all or part of the Site (and derivative works of it) and the service in any media formats and through any media channels.
12.1 Although the Company may update the content on the Site on one or more occasions, the content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and the Company is not required to update that material. If you believe you have found errors or omissions on the Site, you can bring them to the Company’s attention by emailing the Company at contact@accommodateconsult.com.
12.2 While the Company will try to make sure that the Site is always available, the Company does not guarantee continuous, uninterrupted, or secure access to the Site. Many factors or circumstances outside of the Company’s control may interfere with or adversely affect its operation of the Site.
13.1 The Company makes the information presented on or through the Site available for general information purposes only. The Company is not making any warranty about the accuracy or usefulness of this information. Any reliance you place on this information is strictly at your own risk. The Company will not be liable for any reliance placed on these materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
13.2 The Site may include content provided by third parties, including materials provided by other users, third-party licensors, syndicators, or aggregators. All statements or opinions expressed in these materials, and all responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person providing these materials. These materials do not reflect the Company’s opinion. The Company will not be liable to you or any other person for the content or accuracy of any materials provided by any other person or entity.
14.1 The Company does not sponsor, recommend, or endorse any third-party funding provider accessible by or through the Site or the service. The third-party funding providers accessible by and through the Site or the service pay the Company a referral fee for referring users of the Site and the service. The Company does not guarantee that users will successfully find business loans, equipment financing, or other loan-related products or services through the Site or the service.
14.2 You assume all risk when using the service, and with any interactions with third parties, including any third-party funding providers you are matched with. Further, the Company might not match every user with one or more third-party funding providers, and does not guarantee its ability to help you obtain lending or other financial services.
14.3 Please use caution and common sense when using the Site and the service. The Company does not endorse the content or legality of any responses, statements, or promises made by third-party funding providers or any other parties featured on the Site or otherwise through the service.
14.4 Determining the need for business loans, equipment financing, or other loan-related products or services and the choice of loan-related service providers are critical decisions and should not be based solely on advertisements, claims of expertise, or cost offered by any third-party funding provider. The Company does not review the standing of any third-party funding provider with any regulatory authority or government agency. The Company is not making any statement regarding the status, standing, or ability of any third-party funding provider. When considering contracting with a third-party funding provider, you should check that third-party funding provider’s standing with applicable regulatory or government agencies.
14.5 The Company does not involve itself in the agreements between you and third-party funding providers or the actual provision of business loans, equipment financing, or other loan-related products or services in connection with the relationships created by it. The Company is not making any statement regarding the competency, trustworthiness, honesty, integrity, or behavior of either its users or third-party funding providers. Each user, and not the Company, is solely responsible for assessing the competency, trustworthiness, honesty, and integrity of all third-party funding providers that the user communicates with through the service.
16.1 Termination on Notice
Either party may terminate this agreement at any time by notifying the other party in writing.
16.2 Termination by the Company
The Company may terminate or suspend your access to or ability to use the Site or the service immediately, without notice or liability, for any reason or no reason.
16.3 Effect of Termination
On termination of your access to or ability to use the Site or the service, your right to use or access the Site or the service will immediately end. Termination of your access to and use of the Site or the service will not relieve you of any obligations arising or accruing before termination or limit any liability you otherwise may have to the Company or any third party.
16.4 Survival of Provisions
This agreement’s provisions that by their nature should survive termination will survive termination, including ownership provisions, warranty disclaimers, and limitations of liability.
17.1 You acknowledge that the Company cannot and does not state that files or links available for downloading from the Internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for keeping a means external to the Site for any reconstruction of any lost data. The Company will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that might infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Site or any services or items obtained through the Site or to your downloading of any material posted on it, or on any website linked to it.
17.2 Your use of the Site, its content, and any services or items obtained through the Site is at your own risk. The Company provides the Site, its content, and any services or items obtained through the Site “as is,” “with all faults,” and “as available,” without making any warranty, either express or implied. The Company is not making any warranty (1) that the Site, its content, or any services or items obtained through the Site will be accurate, reliable, error-free, or uninterrupted; (2) that defects will be corrected; (3) that the Site or the server that makes it available is free of viruses or other harmful components; (4) that the Site or any services or items obtained through the Site will otherwise meet your needs or expectations; or (5) that the Site or the service will enable you to obtain business loans, equipment financing, or other loan-related products or services or realize any specific economic benefit.
17.3 The Company is not making any warranty, whether express, implied, statutory, or otherwise, including any warranty of merchantability, title, noninfringement, privacy, security, and fitness for particular purpose. No advice or information, whether oral or written, obtained from the Company, the Site, or elsewhere will create any warranty not expressly stated in this agreement. The Company is not making any guarantee or assuming any responsibility for any service advertised or offered by any third-party service relating to either the Company or any third-party funding provider. The Company is not making any guarantee about the number of third-party funding providers with whom you may be matched using the service, nor is the Company making any guarantee that you will be able to obtain business funding in any amount using the service, including from any third-party funding provider for whom your verified information provisionally pre-qualifies you for that funding. You acknowledge that the Company is neither a funding provider nor a financial provider, and the Company does not intend for anything on the Site to be a substitute for professional financial advice.
18.1 The Company, its directors, officers, employees, agents, subsidiaries, affiliates, partners, licensors, content providers, and service providers will not be liable to you for the following:
(a) Errors, mistakes, or inaccuracies of content;
(b) Property damage resulting from your access to and use of the Site or the service;
(c) Any dispute between you and any users, third-party funding providers, or other third parties;
(d) Any products or services offered by any third-party funding provider;
(e) Failing to obtain business loans, equipment financing, or other loan-related products or services or realize any specific economic benefit;
(f) Your decision to accept any loan or financial service provided by any third-party funding provider;
(g) Content or conduct that is infringing, inaccurate, obscene, indecent, offensive, threatening, harassing, defamatory, libelous, abusive, invasive of privacy, or illegal;
(h) Unauthorized access to or use of the Company’s servers and any personal or financial information stored in them, including unauthorized access or changes to your account, transmissions, or data;
(i) Interruption or cessation of transmission to or from the Site;
(j) Bugs, viruses, Trojan horses, malware, ransomware, or other disabling code that may be transmitted to or through the Site by any person or that might infect your computer or affect your access to or use of the Site or your other services, hardware, or software;
(k) Incompatibility between the Site and your other services, hardware, or software;
(l) Delays or failures you might experience in starting, conducting, or completing any transmissions to or transactions with the Site; or
(m) Loss or damage incurred from using any content posted, emailed, sent, or otherwise made available through the Site or the service.
18.2 You are solely responsible for your interactions with third-party funding providers. Because the Company is not involved in user interactions, if you have a dispute with one or more third-party funding providers or other users, you hereby release the Company, its directors, officers, employees, agents, subsidiaries, affiliates, partners, licensors, content providers, and service providers from all liability arising out of or relating to that dispute.
19.1 Unless caused by gross negligence or intentional misconduct, the Company, its directors, officers, employees, agents, subsidiaries, affiliates, partners, licensors, content providers, and service providers will not be liable to you for any direct, indirect, special (including so-called consequential damages), statutory, punitive, or exemplary damages arising out of or relating to (a) your access or your inability to access the Site, the service, or the content; (b) failing to obtain business loans, equipment financing, or other loan-related products or services or to realize any specific economic benefit; or (c) the conduct of you or anyone else in connection with the use of the service, including damages arising from your failure to provide the Company with accurate information or a third party’s failure to correctly verify that information. This exclusion applies regardless of the theory of liability and even if you told the Company about the possibility of these damages or the Company knew or should have known about the possibility of these damages.
19.2 The Company, its directors, officers, employees, agents, subsidiaries, affiliates, partners, licensors, content providers, and service providers will not be liable to you for any damages for (a) loss of revenue; (b) loss of profits; (c) loss of goodwill; (d) loss of business or anticipated savings; (e) loss of use; (f) loss of services; (g) loss of data; (h) loss of privacy; (i) cost of procurement of substitute goods and services; (j) computer failure related to your access of or your inability to access the Site, the service, or the content; or (k) reliance on any information obtained from the Site or the service. This exclusion applies regardless of the theory of liability and even if you told the Company about the possibility of these damages or the Company knew or should have known about the possibility of these damages.
19.3 If you are dissatisfied with the Site, the service, or have any other complaint, your exclusive remedy is to stop using the Site and the service. The maximum liability of the Company and its directors, officers, employees, agents, subsidiaries, affiliates, partners, licensors, content providers, and service providers to you for any claim will not exceed $100.
21.1 In General
You will pay the Company, its directors, officers, employees, agents, contractors, subsidiaries, affiliates, partners, licensors, content providers, and service providers (the “Indemnified Parties”) for any loss of the Indemnified Parties’ that is caused by any of the following (whether actual or alleged): (a) your access to, use of, or inability to use the Site or the service; (b) your breach of this agreement; (c) your violation of any rights of a third party; (d) your interaction with any third-party funding provider; (e) any duties, responsibilities, or obligations you may have to a third-party funding provider, including with respect to a referral; (f) your violation of any applicable law; (g) the violation of any applicable law by a third-party funding provider; (h) your failure to provide and maintain complete and accurate application information; or (i) your tortious or criminal conduct. But you are not required to pay if the loss was caused by the Indemnified Parties’ actual intentional misconduct.
21.2 Definitions
(a) “Loss” means an amount that the Indemnified Parties are legally responsible for or pay in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory of recovery; and includes incidental, direct, and consequential damages.
(b) A loss is “caused by” an event if the loss would not have happened without the event, even if the event is not a proximate cause of the loss.
21.3 The Indemnified Parties’ Duty to Notify You
The Indemnified Parties will notify you before the 30th day after the Indemnified Parties know or should reasonably have known of a claim for a loss that you might be compelled to pay. But the Indemnified Parties’ failure to timely notify you does not end your obligation, except if that failure prejudices your ability to defend or mitigate losses.
21.4 Legal Defense of a Claim
The Indemnified Parties have control over defending a claim for a loss (including settling it), unless the Indemnified Parties direct you to control the defense. If the Indemnified Parties direct you to control the defense, you will not settle any litigation without the Indemnified Parties’ written consent if the settlement (1) imposes a penalty or limitation on the Indemnified Parties, (2) admits the Indemnified Parties’ fault, or (3) does not fully release the Indemnified Parties from liability. You and the Indemnified Parties will cooperate with each other in good faith on a claim.
21.5 No Exclusivity
The Indemnified Parties’ rights under this section 21 do not affect other rights the Indemnified Parties might have.
22.1 Litigation Election
Either party may elect to litigate the following type of case or controversy: (a) an action seeking injunctive relief or (b) a suit to compel compliance with this dispute resolution procedure.
22.2 Negotiation
Each party will give the other a reasonable opportunity to comply before it claims that the other has not met the obligations under this agreement. The parties will first meet and negotiate with each other in good faith to resolve all disputes between the parties arising out of or relating to this agreement. The party raising a dispute will submit to the other party a written notice and supporting material describing all issues and circumstances related to the dispute (a “dispute notice”). A primary representative designated by each party will try to resolve the dispute.
22.3 Mediation
If the parties’ primary representatives fail to resolve the dispute within 30 days after receiving a dispute notice, either party may, by notice to the other party and the American Arbitration Association, demand mediation under the Commercial Mediation Rules of the American Arbitration Association. Mediation will take place in West Hollywood, California. Each party will bear its own costs in mediation and the parties will share equally between them all third-party mediation costs unless the parties agree otherwise in writing. Each party will participate actively and constructively in mediation proceedings once started and will attend at least one joint meeting between the mediator and the parties. Any party may terminate mediation after an initial meeting between the mediator and the parties.
22.4 Arbitration
(a) Procedure
If the parties cannot fully settle a dispute through mediation, the parties will settle any unresolved dispute arising out of or relating to the subject of this agreement by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, enforceability, or formation of this agreement, including any claim that all or any part of this agreement is void or voidable.
(b) Location
Unless the parties agree otherwise, the arbitration will take place in Orange County, California.
(c) Fees
Each party will be responsible for paying any filing, administrative, and arbitrator fees associated with the arbitration.
(d) Award
The award rendered by the arbitrator must include costs of arbitration, reasonable legal fees, and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
(e) Confidentiality
Unless required by law, neither a party nor an arbitrator will disclose the existence, content, or results of any arbitration under this agreement without the advance written consent of both parties.
22.5 Injunctive Relief
Nothing in this section 22 will prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Site.
22.6 Jurisdiction and Venue
(a) If a party brings any proceeding authorized under section 22.1, that party will bring that proceeding only in the United States District Court, Southern District of California or in any state or local court in Orange County, California, and each party submits to the exclusive jurisdiction and venue of those courts for any proceeding.
(b) Each party waives any claim that any proceeding brought under section 22.6(a) has been brought in an inconvenient forum or that the venue of that proceeding is improper.
22.7 Recovery of Expenses
In any proceedings between the parties arising out of or relating to the subject of this agreement, the prevailing party will be entitled to recover from the other party, besides any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses. For purposes of this section 22.7, “prevailing party” means, for any proceeding, the party in whose favor an award is rendered, except that if in those proceedings the award finds for one party on one or more claims or counterclaims and for the other party on one or more other claims or counterclaims, neither party will be the prevailing party. If any proceedings are voluntarily dismissed or are dismissed as part of settlement of that dispute, neither party will be the prevailing party in those proceedings.
22.8 Jury Trial Waiver
Both parties hereby waive the right to a trial by jury for any dispute arising out of or relating to the Site, the service, or this agreement. Either party may enforce this waiver up to and including the first day of trial.
22.9 Class Action Waiver
All claims arising out of or relating to this agreement must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless the Company agrees otherwise, the arbitrator must not consolidate more than one person’s claims.
22.10 Limitation on Time to Bring Claims
A party will not file a claim arising out of or relating to the Site, the service, or this agreement more than one year after the cause of action arose. Any claim brought after one year is barred.
23.1 Entire Agreement
This agreement constitutes the entire agreement between you and the Company about your access to and use of the Site and the service. It supersedes all earlier or contemporaneous agreements between you and the Company about access to the Site and use of the service. Each party acknowledges that the other has not made any representations, warranties, or agreements, except as expressly stated in this agreement. A printed version of this agreement will be admissible in any proceedings arising out of or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and kept in printed form.
23.2 Copy of this Agreement
You may—and the Company recommends that you—print this agreement on your printer or save it to your computer. If you have trouble printing a copy, please contact the Company at contact@accommodateconsult.com and the Company will email you a copy.
23.3 Specific Terms Controlling Other Services and Products
The Company may provide other services and products besides the service. Additional terms for those other services or products will be presented to you before your acceptance of those terms and before your use of those services or products.
23.4 Assignment and Delegation
The Company may assign its rights or delegate any performance under this agreement without your consent. You will not assign your rights or delegate your performance under this agreement without the Company’s written consent. Any attempted assignment of rights or delegation of performance in breach of this section 23.4 is void.
23.5 No Waivers
The parties may waive any provision of this agreement only by a writing signed by the party or parties against whom the waiver is sought to be enforced. No failure or delay in exercising any right or remedy, or in requiring the satisfaction of any condition, under this agreement, and no act, omission, or course of dealing between the parties, operates as a waiver or estoppel of any right, remedy, or condition. A waiver made in writing on one occasion is effective only in that instance and only for the purpose stated. A waiver once given is not to be construed as a waiver on any future occasion or against any other person.
23.6 Severability
The parties intend as follows:
(a) that if any provision of this agreement is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded;
(b) that if an unenforceable provision is modified or disregarded under this section 23.6, then the rest of the agreement will remain in effect as written; and
(c) that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.
23.7 Notices
(a) Sending Notice to the Company
You may send notice to the Company by email at contact@accommodateconsult.com. unless a specific email address is set out for giving notice. The Company will consider an email notice received by it only when its server sends a return message to you acknowledging receipt. The Company may change its contact information on one or more occasions by posting the change on the Site. Please check the Site for the most current information for sending notice to the Company.
(b) Sending Notice to You—Electronic Communications
You agree to the Company’s E-Sign Consent Agreement, which is incorporated by reference into this agreement as if it were contained in this agreement. The E-Sign Consent Agreement constitutes your consent to receive disclosures an
Accommodate Consulting LLC, a California limited liability company (the “Company”), respects your privacy and is committed to protecting it through its compliance with this policy.
This policy describes the types of information the Company may collect from you or that you may provide when you visit the website www.accommodateconsult.com (the “Website”) and the Company’s practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies to information the Company collects:
It does not apply to information collected by:
Please read this policy carefully to understand the Company’s policies and practices regarding your information and how the Company will treat it. If you do not agree with the Company’s policies and practices, your choice is not to use the Website. By accessing or using the Website, you agree to this privacy policy and consent to the Company’s collection, use, disclosure, retention, and protection of your personal information as described here. The Company may change this policy on one or more occasions. The Company will consider your continued use of the Website after the Company makes changes as your acceptance of the changes, so please check this policy frequently for updates.
The Website is not intended for children under 13 years of age. No one under age 13 may provide any personal information to the Website. The Company does not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on the Website or on or through any of its features or provide any information about yourself to the Company, including your name, address, telephone number, email address, or any screenname or username you may use. If the Company learns that it has collected or received personal information from a child under 13 without verification of parental consent, the Company will delete that information. If you believe the Company might have any information from or about a child under 13, please contact the Company at contact@accommodateconsult.com.
2. Information the Company Collects About You and How the Company Collects It
The Company collects several types of information from and about users of the Website, including information:
The Company collects this information:
Information You Provide to the Company
The information the Company collects on or through the Website may include:
You also may provide information to be published or displayed (“posted”) on public areas of the Website, or transmitted to third parties such as lenders or other financial service providers (collectively, “user contributions”). Your user contributions are posted on and transmitted to others at your own risk. Although the Company uses commercially reasonable encryption and other data security practices, please be aware that no security measures are perfect or impenetrable. Additionally, the Company cannot control the actions of lenders and other third party financial service providers. Therefore, the Company cannot and does not guarantee that your user contributions will not be viewed by unauthorized persons.
Information the Company Collects through Automatic Data Collection Technologies
As you navigate through and interact with the Website, the Company may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
The Company also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).
The information the Company collects automatically is statistical data and does not include personal information, but the Company may keep it or associate it with personal information the Company collects in other ways or receives from third parties. It helps the Company to improve the Website and to deliver a better and more personalized service, including by enabling the Company to:
The technologies the Company uses for this automatic data collection may include:
The Company does not collect personal information automatically, but it may tie this information to personal information about you that the Company collects from other sources or you provide to the Company.
Third-Party Use of Cookies and Other Tracking Technologies
Some content or applications, including advertisements, on the Website are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the Website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
The Company does not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
3.How the Company Uses Your Information
The Company uses information that it collects about you or that you provide to the Company, including any personal information:
The Company may also use your information to contact you about its own and third parties’ goods and services that may be of interest to you. If you do not want the Company to use your information in this way, please send the Company an email at contact@accommodateconsult.com. For more information, see What choices do you have about how the Company uses and discloses your information.
The Company may use the information it has collected from you to enable the Company to display advertisements to its advertisers’ target audiences. Even though the Company does not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
4. Disclosure of Your Information
The Company may disclose aggregated information about its users, and information that does not identify any individual, without restriction.
The Company may disclose personal information that it collects or you provide as described in this privacy policy:
The Company may also disclose your personal information:
The Company strives to provide you with choices regarding the personal information you provide to it. The Company has created mechanisms to provide you with the following control over your information:
6. Accessing and Correcting Your Information
You can review and change your personal information by logging into the Website and visiting your account profile page.
You may also send the Company an email at contact@accommodateconsult.com to request access to, correct, or delete any personal information that you have provided to the Company. The Company cannot delete your personal information except by also deleting your account. The Company will not accommodate a request to change information if it believes the change would violate any law or legal requirement or cause the information to be incorrect.
7. Your California Privacy Rights
California Civil Code Section 1798.83 permits users of the Website that are California residents to request certain information regarding the Company’s disclosure of personal information to third parties for their direct marketing purposes. To make this request, please send an email to us.
8. Data Security
The Company has implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to the Company is stored on its secure servers behind firewalls. Any transactions involving sensitive personal information will be encrypted using SSL technology.
The safety and security of your information also depends on you. Where the Company has given you (or where you have chosen) a password for access to certain parts of the Website, you are responsible for keeping this password confidential. The Company asks you not to share your password with anyone.
Unfortunately, the transmission of information via the Internet is not completely secure. Although the Company does its best to protect your personal information, the Company cannot guarantee the security of your personal information transmitted to the Website. Any transmission of personal information is at your own risk. The Company is not responsible for circumvention of any privacy settings or security measures contained on the Website.
9. Do Not Track Policy
Do Not Track (“DNT”) is a privacy preference that you can set in your browser. DNT is a way for you to inform websites and services that you do not want certain information about your webpage visits collected over time and across websites or online services. The Company is committed to providing you with meaningful choices about the information it collects and that is why the Company provides you the ability to opt out. But the Company does not recognize or respond to any DNT signals as the Internet industry works toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT. For more information, visit www.allaboutdnt.com.
10. Links to Other Websites
The Website contains links to other websites. Please be aware that the Company is not responsible for the content or privacy practices of those other websites. The Company encourages its customers to be aware when they leave the Website and to read the privacy statements of any other website that collects personally identifiable information.
11. No Rights of Third Parties
This policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the Website.
12. Transfer of Information to the United States
This Website is operated in the United States and intended for users located in the United States only. If you are located outside of the United States, please be aware that information the Company collects, including personally identifiable information, will be transferred to, and processed, stored, and used in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your personally identifiable information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Website or providing the Company with any information, you consent to the transfer to, and processing, usage, sharing, and storage of your information, including personally identifiable information, in the United States as set out in this policy.
13. Changes to Privacy Policy
It is the Company’s policy to post any changes it makes to its privacy policy on this page. If the Company makes material changes to how it treats its users’ personal information, the Company will notify you by email to the primary email address specified in your account or through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring the Company has an up-to-date active and deliverable email address for you, and for periodically visiting the Website and this privacy policy to check for any changes.
14. California Online Privacy Protection Act
CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf
According to CalOPPA, we agree to the following:
Users can visit our site anonymously.
Once this privacy policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our website.
Our Privacy Policy link includes the word ‘Privacy’ and can be easily be found on the page specified above.
You will be notified of any Privacy Policy changes:
On our Privacy Policy Page
Can change your personal information:
To ask questions or comment about this privacy policy and the Company’s privacy practices, contact the Company.
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