Terms of Service
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These Terms of Service (“Terms”) govern the use of the websites (collectively, “Website” or “Site”) and online and mobile services provided by Flex Lend Capital LLC (“Flex Lend Capital,” “FLC,” “we,” or “us”). By accessing or using our Website or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use our Website or Services.
1. Eligibility
You may use our Services only in compliance with these Terms and all applicable laws and regulations. You affirm that you are at least 18 years old. Accessing or using the Services if you are under 18 is strictly prohibited. We reserve the right to request proof of age and identity at any time. If we discover that an individual under 18 has provided us with personal information, we will take steps to delete such information.
2. Accounts and Security
You are responsible for maintaining the security of your account and any activity that occurs under it. If you suspect unauthorized use, notify us immediately. We are not liable for any loss resulting from unauthorized account access. You agree to:
Provide accurate and complete account information.
Update your information as necessary to keep it current.
Maintain the confidentiality of your login credentials.
We reserve the right to suspend or terminate your account if we detect fraudulent activity, unauthorized access, or a violation of these Terms.
3. Permitted and Prohibited Uses
You agree not to:
Use the Services for unlawful purposes, including fraud or money laundering.
Attempt to interfere with the security of our systems or gain unauthorized access.
Use automated systems (e.g., bots, scrapers) to access our Services without permission.
Transmit spam, viruses, malware, or other harmful code.
Misrepresent your identity, affiliation, or financial information.
Engage in any activity that disrupts the proper functioning of our Website or Services.
We reserve the right to restrict or terminate your access if we believe you have violated these Terms.
4. Privacy Policy
Your use of our Services is subject to our Privacy Policy, which outlines how we collect, use, and protect your personal information. By using our Services, you consent to our data practices, including:
Collecting information necessary for account creation and funding applications.
Using cookies and tracking technologies to improve user experience.
Sharing information with third-party service providers for business purposes.
For more details, please review our full Privacy Policy.
5. Business Financing Services
Our small business financing products are subject to additional terms and conditions provided when you apply for financing. These terms must be reviewed and accepted separately before proceeding with a funding application. You acknowledge that:
Approval for financing is not guaranteed.
Terms of funding may vary based on lender requirements.
Additional documentation and verification may be required to complete your application.
6. Intellectual Property
All content, trademarks, and intellectual property on our Website and Services belong to Flex Lend Capital or its licensors. You may not:
Copy, distribute, or use our content without written permission.
Modify, reverse engineer, or create derivative works based on our Services.
Use our trademarks or logos without authorization.
Unauthorized use of our intellectual property may result in legal action.
7. Disclaimers and Limitation of Liability
Our Services are provided “as is” without warranties of any kind, express or implied.
We do not guarantee that you will qualify for financing or that our Services will meet your expectations.
We are not responsible for third-party service providers, advertisers, or external links.
To the extent permitted by law, we are not liable for any indirect, incidental, or consequential damages resulting from your use of our Services.
8. Indemnification
You agree to indemnify and hold us harmless from any claims, damages, or losses arising from your use of the Services, violation of these Terms, or infringement of any third-party rights. This includes:
Legal fees and costs incurred by Flex Lend Capital.
Claims related to unauthorized account activity.
Violations of third-party agreements or regulations.
9. Dispute Resolution and Arbitration
Any disputes arising from these Terms will be resolved through binding arbitration in Kings County, New York, under the rules of the American Arbitration Association. You waive the right to participate in class actions. Arbitration will be conducted as follows:
A neutral arbitrator will be selected according to AAA rules.
Both parties will bear their own legal fees unless otherwise decided by the arbitrator.
The arbitration decision will be final and binding on both parties.
10. Governing Law
These Terms shall be governed by the laws of the State of New York, without regard to conflict of law principles. Any legal action or proceeding not subject to arbitration shall be filed in a court of competent jurisdiction in Kings County, New York.
11. Updates to These Terms
We may modify these Terms at any time. Continued use of our Services after changes are posted constitutes acceptance of the revised Terms. We will notify users of material changes through:
Email notifications.
Updates on our Website.
Alerts on user dashboards.
12. Termination
We reserve the right to terminate or suspend your access to our Services at our sole discretion, with or without notice, for violations of these Terms or other reasons, including:
Suspected fraudulent activity.
Non-compliance with financial obligations.
Misuse of our Website or Services.
Upon termination, your right to use our Services ceases immediately.
13. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
14. Contact Information
For any questions or concerns about these Terms, contact us at:
Email: toddh@flexlendcapital.com
Phone: (210) 987-7954