Able Lending LLC, a Delaware limited liability company, and its affiliates, doing business as ablelending.com (“Able,” “we,” “our,” or “us”), owns and operates this website (the “Site”) and Able’s commercial lending program (the “Service”). Able is a collaborative small business lender. Able is not a broker, investment advisor, financial planner or money transmitter, and does not provide financial, securities, legal or tax advice. Able does not perform money transmitter services, and instead relies on a third party provider to transfer money among the parties engaged in the Service. Before you borrow money or make any financial decision, you should seek additional information and advice from your accountant, attorney, and other advisors.
BORROWERS WILL ENTER INTO:
- THE LOAN AGREEMENT, AND
- THE SUBORDINATION AGREEMENT
- ONE OR MORE OWNERS OF THE BORROWER WILL ENTER INTO A PRINCIPAL GUARANTY OF THE BORROWER’S LOAN
BACKERS WILL ENTER INTO:
- THE BACKER NOTE, AND
- THE SUBORDINATION AGREEMENT.
You may not use the Service and you may not accept this Agreement if you are under 18 years of age. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity, that you have the authority to bind such entity. Before you continue, you should print or save a copy of this Agreement for your records.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Able, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information on Able’s products and services (such as data sheets, blog posts, knowledge base articles, and similar materials) purposely made available by Able for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
You represent and warrant that you possess the legal right and ability to enter into this Agreement and to use this Site in accordance with all terms and conditions herein. You agree to be financially responsible for all use of this Site. You agree not to assign, transfer or sublicense User rights pursuant to this Agreement.
You agree not to, and will not assist, encourage, or enable others to:
- Violate applicable law
- Use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Service
- Attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Able server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means
- Use any automated means to access this Site or collect any information from the Site (including, without limitation, robots, spiders, scripts or other automatic devices or programs)
- Frame the Site, utilize framing techniques to enclose any Content or other proprietary information, place pop-up windows over this Site’s pages, or otherwise affect the display of this Site’s pages or engage in the practices of “screen scraping,” “database scraping” or any other activity with the purpose of obtaining content or other information
- Reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Able, including any Able account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site
- Probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site
- Post or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable
- Post or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation
- Post or otherwise make publicly available on the Service any private information of any third party, including addresses, phone numbers, email addresses, Social Security numbers and credit card numbers
- Post or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
- Post or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law
- Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted by you
- Post or otherwise make available any information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
- Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right
- Threaten, stalk, harm, or harass others, or promote bigotry or discrimination
- Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Site’s search results or any third party website
- Solicit personal information from minors, or submit or transmit pornography; or violate any applicable law
- Except where authorized by the Company:
- Register for more than one User account on behalf of the same business or entity
- Operate a User account on behalf of or for the benefit of any person who is not eligible to register for or operate a User account in their own name
- Operate or otherwise utilize an account opened in the name of a business or entity for the benefit of any persons other than that business or entity
- Use or attempt to use another’s account, service or system without authorization from the Company, or create a false identity on the Service
- Operate or otherwise utilize an account opened in the name of a business or entity for any purpose prohibited by law or regulation, any activity which that business or entity is not duly authorized to conduct, or for any purpose prohibited by any other agreement between the business or entity and Able
The Site may permit or require you to register or obtain a password prior to permitting you access to certain products or services available through the Site. You acknowledge and agree that you are responsible for maintaining the confidentiality of your registration information and password, and for all uses of your registration information, account, and/or password. You agree to notify Able immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Able or any other user of or visitor to the Site due to someone else using your login ID, password or account as a result of your failing to keep your account information secure and confidential.
Mobile and Other Devices
- We currently provide our mobile services for free, but please be aware that your carrier’s normal rates and fees, such as text messaging fees, will still apply.
- In the event you change or deactivate your mobile telephone number, you will update your account information on the Site within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
- You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on the Site.
Able makes no warranties or representations of any kind, express, statutory or implied as to: (i) the availability of telecommunication services from your provider and access to the services at any time or from any location; (ii) any loss, damage, or other security intrusion of the telecommunication services; and (iii) any disclosure of information to third parties or failure to transmit any data, communications or settings connected with the services.
Information, News, and Press Releases
The Site may contain information, news, and/or press releases about Able. We disclaim any duty or obligation to update any such information, news, or press releases, and your reliance on information contained in these materials is at your own risk.
Linked to Third Party Websites
The Site may contain links to websites published by other content providers. Also, the Site may connect to social networking websites that are not owned or controlled by us. These other websites are not under our control, and you acknowledge and agree that we are not responsible for the accuracy, collection, and use of your information, copyright compliance, legality, decency, or any other aspect of such websites or the content displayed on or through them. The inclusion of such a link does not imply our endorsement of any such website or the content displayed on or through it or any association with its operators, and we disclaim all liability with respect to such linked websites, including but not limited to your access to and/or use of the same. You will need to make your own independent judgment regarding your interaction with these linked sites.
Third Party Sites, Including Social Networking Services
By using the Service, you expressly authorize Able to access your User Information maintained by third parties or to directly connect to the website for the third party you have identified, on your behalf. Able will submit User Information that you provide to log you into the third party website and configure the Service so that it is compatible with the third party sites for which you submit your information.
You also grant Able and its service providers access to third party sites to retrieve, review, and use your User Information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service, and you hereby agree to release Able and its service providers from any claims arising out of the use of your User Information contemplated herein.
Able is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Able is not liable for any damage or loss caused or alleged to be caused by or in connection with our use of or reliance on any such Social Networking Services. The integration or inclusion of such features does not imply an endorsement or recommendation.
Your Provision of Information to Able
When you provide information to us, you agree to: (a) provide accurate, current, and complete information about yourself and the company signing up for the Service; (b) maintain and promptly update such information to keep it accurate, current, and complete; and (c) certify that you are authorized on behalf of the company whose name you have entered to sign up for the Service. If you provide any such information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate any account you establish in connection with your use of the Site and refuse any and all current or future use of the Site or any portion thereof.
Able reviews your business information to determine loan eligibility and underwriting. To assist us in our loan evaluation, you hereby agree to promptly provide us with all access that we may require or reasonably request about your facilities, personnel and accountants, business plans, financial statements (actual and pro forma), and accounting books and records. You also consent to and authorize us to perform all background, credit, judgment, lien and other checks and searches as we believe appropriate in our sole credit judgment.
You also understand and agree that we and our agents and assignees are authorized to contact third parties to make credit report inquiries (including requesting business and personal credit bureau reports from credit reporting agencies and other sources) or for any other lawful purpose. Upon your written request, we will advise you if we obtained a credit report. You understand and agree that Able is making no commitment or guarantee that any product, evaluation, or guidance provided by Able will result in an approval for credit from Able or any third party. We reserve the right to review and approve, in advance, all materials, press releases, advertisements and disclosures that contain the name of the sender or any of its affiliates or describe the proposal contained herein.
Access, Correction, and Data Integrity
Although we attempt to maintain the integrity and accuracy of the information on the Site, we make no guarantees as to its correctness, completeness, or accuracy. The Site may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the Site by third parties without our knowledge. If you believe that information found on the Site is inaccurate or unauthorized, please inform us by contacting us at firstname.lastname@example.org.
User-Provided Content on the Site
You understand that all information, data, or other materials that you or another user provide in connection with the Site or otherwise communicate to us (“User-Provided Content”), including, but not limited to, customer testimonials, blog content, photographs, and quotations, are the sole responsibility of the person from whom such User-Provided Content originated. This means that you, and not us, are responsible for all User-Provided Content that you upload, post, email, transmit, or otherwise make available in connection with the Site. We do not control the User-Provided Content posted and, as such, do not guarantee the accuracy, integrity, or quality of any User-Provided Content. You understand that by using the Site, you may be exposed to User-Provided Content that is offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for any User-Provided Content, including, but not limited to, for any errors or omissions in any User-Provided Content, or for any loss or damage of any kind incurred as a result of the publication or use of any User-Provided Content posted, emailed, transmitted, or otherwise made available in connection with the Site.
By submitting any User-Provided Content to Able, you represent and warrant that:
- All “moral rights” that you may have in such content have been voluntarily waived by you.
- You have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with www.ablelending.com and our business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your posted content through www.ablelending.com, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of www.ablelending.com and under this Agreement.
- You are not posting or transmitting any content, message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate.
- You agree that we may use any feedback, suggestions, or ideas you post in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to us in any way.
- BY USING THE SERVICE, YOU REPRESENT AND WARRANT THAT YOU (A) ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND (B) HAVE THE LEGAL RIGHT TO USE THE PAYMENT MEANS SELECTED BY YOU.
All User-Provided Content that you submit may be used at Able’s sole discretion. Able reserves the right to change, condense, delete, or refuse to post any User-Provided Content on the Site in its sole discretion. Able does not guarantee that you will have any recourse through Able to edit or delete any User-Provided Content you have submitted. None of the User-Provided Content that you submit shall be subject to any obligation of confidence on the part of Able, its agents, subsidiaries, affiliates, partners, or third-party service providers and their respective directors, officers, and employees.
Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Austin, Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Able may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or User, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Able’s sole discretion.
Any written notification of claimed infringement should comply with 17 U.S.C. 512(c)(3)(A) and should be provided in writing to our designated agent as follows:
Able Lending LLC
800 West Cesar Chavez Street B101
Austin, Texas 78701
Regardless of whether you have chosen to opt out of certain marketing offers from Able, by using Able’s Site you agree that we may market our services and the services of other companies on the Site through the use of banner ads, “hyper-links,” and other similar marketing devices. Products offered will be at the sole discretion of Able, and may be provided by companies not affiliated with Able. Non-affiliated companies will be solely responsible and liable for the provision of or failure to provide stated services, benefits, or products. Able does not legally endorse or guarantee products or services provided by non-affiliated companies.
Some Able services are supported by advertising revenue and may display advertisements and promotions on the service. Such advertisements may be targeted to the content of information stored on the Able services, queries made through Able services or other information. The manner, mode and extent of advertising by Able on its services are subject to change. As consideration for your use of Able services, you agree that Able may place such advertising and that Able shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of the presence of such advertisers on Able services or your subsequent dealings with advertisers.
Disclaimer of Warranties
THE SITE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE SITE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE AND OUR AFFILIATES DO NOT WARRANT THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE ACCURATE, RELIABLE, OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Able reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ABLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR ABLE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, ABLE’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Able may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Able’s rights or property, or the rights or property of visitors to or Users of the Site, including Able’s customers. Able reserves the right at all times to disclose any information that Able deems necessary to comply with any applicable law, regulation, legal process or governmental request. Able also may disclose your information when Able determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
Void Where Prohibited
Able administers and operates the Site from its location in Austin, Texas; other Able sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Able reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
- This Agreement makes up the entire agreement between the parties regarding the use of the Site and supersedes any prior agreements.
- You will not transfer any of your rights or obligations under this Agreement to anyone else without our consent.
- All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this Agreement shall prevent us from complying with the law.
- This Agreement does not confer any third party beneficiary rights.
- We reserve all rights not expressly granted to you.
Able Lending LLC
800 West Cesar Chavez Street B101
Austin, Texas 78701