Liquidity Access Terms, Conditions and Disclosures
AGGREMENT
Pre-qualification and Credit Authorization. Liquidity Access and each of its representatives, successors, assignees, and designees including third party lenders (“Affiliates”) are authorized to request and receive any investigative reports, credit reports which may include comprehensive credit histories or hard credit pulls, statements from creditors or financial institutions, verification of information, or any other information that Liquidity Access and Affiliates deem necessary.
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 Liquidity Access (“LA”) are true, accurate, and complete, (2) Applicant will immediately notify Liquidity Access of any change in such financial condition, (3) Applicant waives and releases any claims against Liquidity Access, Affiliates, and any information-providers arising from any act or omission relating to the requesting, receiving, or release of information, (4) each Applicant represents that he or she is authorized to sign this form on behalf of Merchant, (5) the Applicant agrees to receive calls, texts, emails or mail from Liquidity Access or Affiliates, (6) Applicant authorizes Liquidity Access to transmit this application form, along with any of the foregoing information obtained in connection with this application, to any or all of the Affiliates for the foregoing purposes, and (7) Applicant consents to the release, by any creditor or financial institution, of any information relating to Applicant, to Liquidity Access and to each of the Affiliates, on its own behalf. Furthermore, Applicant hereby waives and releases any claims against Liquidity Access, all Affiliates, and any information‐providers arising from any act or omission relating to the requesting, receiving or release of the information obtained in connection with this application. This authorization shall be valid for an indeterminate period of time revoked by Applicant via email to [email protected]. Allow up to 30 business days for your request to be processed.
Terms of Use for Text Message (SMS)
(1) Your wireless carrier’s standard messaging rates apply to SMS correspondence, Liquidity Access does not charge for any content; however, you may incur additional charges from your wireless carrier. Please contact your wireless carrier for information about your messaging plan. Your carrier may impose message or charge limitations on your account that are outside of our control. All charges are billed by and payable to your wireless carrier.
(2) You represent that you are the owner, or authorized user of the wireless device you use to receive the service, and that you are authorized to approve the applicable charges.
(3) We will send you messages periodically, and only with your explicit agreement as indicated by your continuation of the process flow.
(4) We will not be liable for any delays or failures in your receipt of any SMS messages as delivery is subject to effective transmission from your network operator and processing by your mobile device. SMS message services are provided on an AS IS, AS AVAILABLE basis.
(5) Data obtained from you in connection with this SMS service may include your mobile phone number, your carrier’s name, and the date, time and content of your messages and other information that you may provide. We may use this information to contact you and to provide the services you request from us, discuss your advance, current and past due payments and to otherwise operate, develop and improve the service. Your wireless carrier and other service providers may also collect data from your SMS usage, and their practices are governed by their own policies. We will only use the information you provide to the service to transmit your text message or as otherwise described in this terms and conditions. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us information in connection with the service, you agree to provide accurate, complete and true information.
(6) The service as well as the content and materials received through the service are proprietary to us and our licensors and is for your personal and commercial use only. You shall not damage, impair, interfere with, or disrupt the service or its functionality.
(7) We reserve the right to alter charges and/or these terms and conditions from time to time. We may suspend or terminate the service to you if we believe you are in breach of our terms and conditions. Your service is also subject to termination in the event your wireless service terminates or lapses. We may discontinue the service at any time.
(8) Additionally, you agree that we may send any SMS Statement Notifications through your communication service provider in order to deliver them to you. You agree to provide a valid mobile phone number for these services. You further agree to indemnify, defend, and hold us harmless from and against any and all claims, losses, liability, cost and expenses (including reasonable attorneys’ fee) arising from your provision of a mobile phone number that is not your own or your violation of applicable federal, state or local law, regulation or ordinance. Your obligation under this paragraph shall survive until termination of the agreement. SMS Statement Notification is provided for your convenience only.
(9) If you have any questions, e-mail Liquidity Access at [email protected]
(10) We do not charge for help or info messages; however, your normal carrier rates apply.
(11) To Opt Out Text STOP to cancel.
Protection of Information
Each Merchant and each person signing this Application on behalf of each Merchant and/or as Owner, in respect of himself or herself personally, authorizes Liquidity Access and its Affiliates to disclose information concerning each Merchant, Owner and/or Guarantor’s credit standing and business conduct to agents, affiliates, subsidiaries, and credit reporting bureaus. Each Merchant, Guarantor, and Owner hereby waives to the maximum extent permitted by law any claim for damages against Liquidity Access or any of its affiliates relating to any (i) investigation undertaken by or on behalf of Liquidity Access as permitted by this Application or (ii) disclosure of information as permitted by this Application.
Confidentiality
Each Merchant understands and agrees that the terms and conditions of the products and services offered by Liquidity Access, including this Application and any other Liquidity Access documents (collectively, “Confidential Information”) are proprietary and confidential information of Liquidity Access and its Affiliates. Accordingly, unless disclosure is required by law or court order, Merchant(s) shall not disclose Confidential Information of Liquidity Access and its Affiliates to any person other than an attorney, accountant, financial advisor, or employee of any Merchant who needs to know such information for the purpose of advising any Merchant (“Advisor”), provided such Advisor uses such information solely for the purpose of advising any Merchant.