There is no cost from Legacy Funding Solutions for customers of Legacy Funding Solutions to access our lending partners. The only fees paid are paid by the businesses who utilize our platform, support, training, and services. For Business owners to access Legacy Funding Solutions and become our customer to gain the ability to offer their clients affordable financing options, there is a one-time setup fee of $695.00. This includes your landing page to finance your services, product training, and access to new lenders and programs as we add to the platform. The monthly fee for platform access is $49.95, which is billed every 30 days, starting 30 days post-enrollment. The monthly fee will be billed using the card on file or business checking on file.
We, Legacy Funding Solutions, are pleased to offer financing and consulting services to your business. Business relationships work best when there is a mutual understanding about the scope of services to be provided. Accordingly, the following represents a binding agreement and sets forth our Terms of Service.
Legacy Funding Solutions is not a Lending Institution. The types of services we provide include, without limitation; assisting with the establishment of multiple credit accounts on behalf of you and/or your business and general credit education. For the purpose of this letter agreement “Credit Accounts” means; credit lines, credit cards, credit facilities, accounts, loans or similar financing mechanisms, which may be secured or unsecured, guaranteed or not, or established through you personally or your business.
If applicable, Legacy Funding Solutions will use its best effort to help you acquire credit lines that offer promotional rates of zero percent (0%) interest typically for 12-18 months and we will make best efforts to provide accurate rate information with regards to new credit accounts. We make no guarantees as to the interest rates or terms in which credit may be granted to our clients by lenders and other financial institutions.
In purchasing business credit services, you understand that once submitted for final approval of credit accounts, that no refunds of any kind will be issued. Our services are not contingent on our clients’ needs for financing or lack thereof. Accordingly, clients may not cancel, withdraw, and intentionally cause to be denied, or fail to follow through on a credit application unless given permission in writing by us. Additionally, if a client does not provide us with an approval or denial letter from the lender within 30 days of submitting an application for credit, such application will be deemed approved and we will include the requested amount in calculating total credit obtained.
I hereby give Legacy Funding Solutions authority to apply for credit lines on your behalf at banks and institutions who will likely report to the credit bureaus. Banking institutions may OR may not create an impact on our clients’ credit, either positive or negative, which is completely out of our control.
We expect to help position your Experian/Fair Isaac credit score and, thereby, optimize your borrowing power. In order to provide you these services, we may evaluate your credit worthiness by obtaining a credit report or background information about you and/or your business from other appropriate sources.
Due to the nature of our services, you agree to not apply, establish or cause the opening of new Credit Accounts or modify your existing Credit Accounts during our engagement term without the prior written consent from us. Further, you will provide guarantees and/or collateral at such times and to such extent as necessary for the established Credit Accounts.
You specifically acknowledge that you are solely responsible for payment of any debts incurred through the Credit Accounts and waive any claims against us. Further, you hereby agree to indemnify, defend and hold; Legacy Funding Solutions, its subsidiaries, affiliates, each of their successors, licensees, distributors, assignee’s, their respective officers, owners, executives, employees, attorneys harmless from and against any and all claims, actions, judgments, damages, losses, penalties, liabilities, costs and expenses of whatever kind and nature imposed on, incurred by, or asserted against us or the foregoing parties arising out of or in connection with the services provided by us or any breach by the you of any agreement between you and us.
Legacy Funding Solutions shall not be held liable to the borrower or to third persons for any loss or damage occurred by the use of credit, funds, and/or other financing obtained through the use of our services. By entering this agreement you acknowledge that any credit, funds, and/or other financing will not be used for an improper or illegal purpose and that you enter into this agreement without the intent to utilize
Legacy Funding Solutions services for an improper or illegal purpose.
MONTHLY PAYMENTS
In the event a monthly payment is missed (due to card expired or payment unable to process for any reason), Legacy Funding Solutions will attempt to contact the customer via email and phone. If within 14 days no payment is made, the customer’s landing page access will be removed and reinstated once monthly payment is made.
MONEY BACK GUARANTEE
Upon approval, if within 30 days you do not feel Legacy Funding Solutions is helping you enroll more clients and increasing your revenue, let us know and we will provide you with an immediate refund of any setup fees paid.
REFUNDS
If you are not approved for an account any and all setup fees charged will be refunded 100% within 24-48 hours.
OWNERSHIP & LIMITED LICENSE
Subject to the limited rights expressly granted hereunder, we reserve all rights, title, and interest in and to the Site and our Services, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without our express written consent. The look and feel of the Site and our Services is copyright © 2021 Legacy Funding Solutions. All rights reserved. You may not duplicate, copy or reuse any portion of the visual design elements without our express written consent.
RESTRICTIONS ON USE
You may use the Site only for purposes expressly permitted by the Site. You may not use the Site for any other purpose, including any other commercial purpose, without our express prior written consent. For example, you may not (and may not authorize any other party to) co-brand the Site or frame the Site without our express prior written permission.
USER REGISTRATION
To obtain full access to the Site and our Services, you will be required to complete a registration. You will be asked to provide certain registration details or other information to establish an account specific to your choosing according to the Service Plan to be provided by us under the terms set forth at LegacyFundingSolutions.com and under the user agreement provided upon enrollment into Legacy Funding Solutions.
To create your Account, to login to the Site, and/or to participate in any Services offered by the Site, you must qualify and agree to the conditions set forth in the user terms and agreement provided to you upon creating an account. Failure to qualify and continuously abide by any of the following conditions constitutes a breach of these Terms and may result in the termination of your Account and authorization to use the Site and the Services. Specifically, you agree that:
You are either (a) the age of legal consent or (b) you are a minor over the age of thirteen (13) years old and have obtained your parent’s (or your legal guardian’s) permission, for accessing the Site under the laws of any jurisdictions that apply to you. We expressly reserve the right (but do not have the obligation) to request proof of your age, at any time;
You acknowledge that, in establishing your Account and using our Services, you have provided us with certain personally identifiable information about you. Please see our Privacy Policy for the subject matter of the information collected and the duration of retention of said information;
All information that you provide in your registration form with us for the purposes of establishing your Account is true and correct and you will promptly notify us of any changes to such information; All information that you provide to us about you has been provided with your consent. You will use the information fields only to transmit information required to perform the Services requested and will not provide any additional personally identifiable information about you or your customers to us. It is a breach of these Terms for you to provide personally identifiable information to us which is not required to perform the Services requested;
Your Account is for your sole use only and must not be used by any third party. You shall not allow any third party to use your Account, password, login, or user ID to access or use the Site, to arrange, enter, and/or participate in Services, or for any other purposes. We take no responsibility for any third-party access to your Account. You shall notify us promptly of any unauthorized use of your password and identification and/or breach. You accept responsibility for all activities that occur under your Account, user ID, or password and all such use shall be deemed to be authorized by you;
You have verified and determined that your use of the Site and the Services does not violate any law or regulation in any jurisdiction that applies to you. It is your sole responsibility to ensure that this is the case;
You will not use the Site or the Services for fraudulent or otherwise illegal purposes;
You understand that we may detect your Internet access location, without creating an obligation to do so, and may use techniques which are intended to block or restrict access from a jurisdiction in which participation in the Site or Services is illegal or restricted;
You will not mask your identity in any way, including without limitation, IP masking or accessing the Site over any type of proxy server; and
You will ensure that all use of your Account fully complies with these Terms. We may suspend or terminate your access to the Site and the Services without notice to you in the event that you do not use the Site or the Services for an extended period of time.
YOUR ACCOUNT
Your Account must be registered under your current full legal name, your email address, and your current business or home address. It is your responsibility to keep your email address current. If you need to update your email address, please contact legacyfundingsolutionssj@gmail.com.
To access the full functions of the Site, you must have a valid Account established. Further, you must meet all the conditions described throughout these Terms.
VERIFICATION OF ACCOUNT INFORMATION
We reserve the right (but do not undertake the obligation) to conduct a review, at any time, to validate your Account information and/or to ensure that your participation in the Site and use of the Services does not breach these Terms and/or any applicable law. You authorize us and our agents to make any inquiries of you and for us to use and disclose to any third party we consider necessary to validate this information. To facilitate the foregoing validation, you agree to provide sufficient information or documentation as we, in our discretion, may request. If you do not provide such information within thirty (30) days of our request, if your responses are incomplete or otherwise insufficient, or if we cannot verify the information applicable to your Account, your Account may be terminated.
SECURITY
We will implement appropriate technical and organizational measures to ensure a level of security appropriate to the information required for the performance of the Services. If you provide information to us that requires a higher level of security, such as special categories under the General Data Protection Regulation (“GDPR”), you assume the responsibility of properly securing said information and acknowledge that providing any such information to us which is not required for the performance of the Services is a violation of these Terms.
MODIFICATION & TERMINATION OF THESE TERMS
We may modify these Terms from time to time. We will notify you via email or posting on the Site of such modification and will note the date of the last modification. If you use the Site or the Services after those updates are posted, you are deemed to accept and agree to be bound by those changes. These Terms will continue to apply until terminated either by you or by us as previously described in these Terms.
SERVICE USE & LIMITATIONS
We will make commercially reasonable efforts to keep the Services operational twenty-four (24) hours a day, seven (7) days a week, except for: (a) planned downtime (for which we will provide at least eight (8) hours prior notice); or (b) any unavailability caused by circumstances beyond our control, including but not limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, or Internet service provider failures, server failures, or delays.
NO WARRANTY; DISCLAIMER & LIMITATION OF LIABILITY
We have no obligation to check whether users are using the Site or the Services in accordance with these Terms or any other agreement.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site and the Services for the reconstruction of any lost data. We do not assume any responsibility or risk for your use of the Internet.
OUR SERVICES AND ALL MATERIALS ON THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LEGACY FUNDING SOLUTIONS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY OF ANY OF THE MATERIAL ON THE SITE, OR ON ANY WEBSITE OR WEBSITES “LINKED” TO THE SITE. LEGACY FUNDING SOLUTIONS MAKES NO WARRANTY THAT THE SITE AND OUR SERVICES WILL BE AVAILABLE, UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL LEGACY FUNDING SOLUTIONS OR ITS AFFILIATES, CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES HAVE ANY LIABILITY TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (WHETHER BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR OUR SERVICES OR YOUR INABILITY TO USE THE SITE, OUR SERVICES, SITE CONTENT, OR ANY PRODUCTS OR SERVICES, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THE SITE, OUR SERVICES, OR ANY WEBSITE OPERATED BY ANY THIRD PARTY. IF YOU ARE DISSATISFIED WITH US, THE SITE, OUR SERVICES, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE AND OUR SERVICES.
RELEASE
You agree that Legacy Funding Solutions shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of the Site or our Services. You hereby release Legacy Funding Solutions, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to our Site or our Services. If you are a California resident, you waive California Civil Code Section 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.”
INDEMNIFICATION
You agree to defend, indemnify and hold Legacy Funding Solutions, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) from and against any and all liability, loss or damage, cost or expense, including but not limited to court costs, attorneys’ fees, and any awards or damages caused by, relating to or incident to: (a) your use of our Services; (b) the Site; (c) claims by your customers or payment gateway service provider; or (d) the products and/or services offered through the Site.
THIRD PARTY WEBSITES
We may provide links and pointers to Internet sites maintained by others who are independent from Legacy Funding Solutions (“Third-Party Sites”). We have not reviewed all of the Third-Party Sites linked to the Site and are not responsible for the content of or any products or services offered on such Third-Party Sites. Legacy Funding Solutions makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such website. Accessing any other website from the Site is at your own risk.
From time to time, Legacy Funding Solutions may display or otherwise make available promotions, advertisements and/or offers provided by third parties (“Third-Party Promotions”). You understand and agree to hold Legacy Funding Solutions harmless and agree that Legacy Funding Solutions shall have no liability whatsoever for such Third-Party Promotions. If you participate in, click on, or otherwise link to such Third-Party Promotions you do so solely at your own risk. Your sole remedy in connection with such Third-Party Promotions will be with the third party.
UNITED STATES ONLY
All materials on the Site are provided solely for the purpose of promoting our operations and products in the United States and its territories. We make no representation that the products and services on the Site are appropriate or available for use in other locations. If, despite these conditions, you use the Site or our Services from outside the United States, you are solely responsible for compliance with any applicable local laws.
DISPUTE RESOLUTION
YOU AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC THIRD PARTY MATERIALS ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE THIRD PARTY MATERIALS, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS, THE SITE, THE USER CONTENT, SITE CONTENT, AND THIRD PARTY MATERIALS (INCLUDING YOUR VISIT TO OR USE OF THE SITE) SHALL BE FINAL AND BINDING ARBITRATION, except that, to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark, or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above, then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought before, during, or after the pendency of any arbitration proceeding brought pursuant to these Terms, or in lieu of such proceedings.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules (collectively the “AAA Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
The arbitration shall be held in Houston, California, at a locale to be proposed by Legacy Funding Solutions, and the allocation of costs and fees for the arbitration shall be determined in accordance with the AAA Rules and shall be subject to the limitations in these Terms. In rendering a decision, the arbitration panel shall follow the law of the United States and of the State of California, and shall not use equitable or other principles which would permit the panel to ignore these Terms or the law. The arbitration panel’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction, provided, however, that errors of law may be appealed to a court of competent jurisdiction for review. Any award in arbitration shall be subject to all dollar and other limitations set forth in these Terms.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action, or proceeding by you related in any way to the Site (including your visit to or use of the Site) be instituted more than one (1) year after the cause of action arose.
GOVERNING LAW
These Terms shall be governed by the laws of the State of California without giving effect to any choice or conflict of law or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California, provided, however, that disputes concerning patent, federal trademark, or federal copyright matters shall be governed by federal law. You consent to jurisdiction and venue in the state or federal courts of the State of California.
TRADEMARKS, TRADE NAMES, AND SERVICE MARKS
Unless otherwise indicated, all logos, names, package designs, and marks on the Site are trademarks or service marks owned or used under license by us or our business partners. The use or misuse of any of these marks or other information is strictly prohibited.
We grant you permission to print individual pages from the Site, unless otherwise expressly noted, for your noncommercial use in learning. No other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sell, transmit, upload, download, store, display in public, alter, modify, or create derivative works of these materials.
This grant of permission is not a transfer of title, and under this permission you may not: use the materials for any commercial purpose, or for any public display (commercial or noncommercial); remove any copyright, trademark, or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server, except as permitted by law.
We make no warranties or representations to you that your use of any materials displayed on the Site will not infringe the rights of third parties. In addition, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the content. Modification or use of this content except as expressly provided in these Terms violates Legacy Funding Solutions’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by your access to the Site.
COPYRIGHT & INTELLECTUAL PROPERTY
Legacy Funding Solutions understands the value and importance of intellectual property rights and makes every effort to respect the legitimate intellectual property rights of others. Legacy Funding Solutions does not review all of the material posted on or submitted through the Site or Members area including form, chat, and message boards, and has no responsibility for any content that you may find or access when using the Site, products, or the Services.
Legacy Funding Solutions takes all concerns related to intellectual property seriously and it is our policy, at our discretion and in appropriate circumstances, to cancel, disable or terminate any user’s Account who infringes or appears to infringe the intellectual property rights of others. If you believe that any material on this website infringes a copyright, or any valid intellectual property right, please provide the following information to Legacyfundingsolutionssj@gmail.com.
A physical or electronic signature that you are 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 on our website;
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 us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
Due to IT concerns, attachments cannot be accepted on notices sent via email. Accordingly, any notification of infringement submitted electronically with an attachment will not be processed.
SUBMITTED INFORMATION
Except for Personal Data (as defined in our Privacy Policy), if you submit any other information to us, including any data, variables, comments, remarks, suggestions, ideas, notes, drawings, graphics, concepts, or other information, you are giving that information, and all your rights in it, to us free of charge, and that information will be treated as non-confidential and non-proprietary and may be used by us for any purpose, without your consent or any compensation to you or anyone else. This is true whether you submit such information to us by email, through a form on the Site, on a bulletin board, or in any other manner. You agree not to submit or transmit any material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, profane, or might in any other way violate any law, regulation, or rule, or these Terms. Through your usage of the Site and/or the Services, you may submit and/or we may gather certain limited information about you and your website usage in accordance with our Privacy Policy. Subject to the terms of our Privacy Policy, we are free to use such information for any purpose we deem appropriate, we will not be required to treat any such submission as confidential, and we may use any submission (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result.
MISCELLANEOUS TERMS
Our failure to strictly enforce any right against you shall not constitute a waiver thereof. If any provision of these Terms is deemed invalid, illegal, or unenforceable, such provision will be deemed amended to conform to applicable laws and the remainder of the Terms shall remain in full force and effect to the fullest extent permitted by law. Your use of the Site and our Services is subject to our Privacy Policy. These Terms and the Privacy Policy represent the full understanding and agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous oral or written communications with respect to the subject matter. Our relationship shall be that of independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created between us by these Terms. Neither party shall have the power to obligate or bind the other party.
COOKIES
We employ the use of cookies. By using Legacyfundingsolutions.com’s website you consent to the use of cookies in accordance with Legacyfundingsolutions.com’s privacy policy. Most of the modern day interactive websites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.
LICENSE
Unless otherwise stated, CoachFinancing.com and/or its licensors own the intellectual property rights for all material on CoachFinancing.com, including the members area and any/all protected pages. All intellectual property rights are reserved. You may view and/or print pages from Legacyfundingsolutions.com for your own personal use subject to restrictions set in these terms and conditions. All written, video, and image content within Legacy Funding Solutions is protected by Copyright.
You must not:
Republish material from any page (including members area, Facebook Group, or any other related technology you have access to via Legacyfundingsolutions.com
Sell, rent or sub-license material from Legacyfundingsolutions.com
Reproduce, duplicate or copy material from Legacyfundingsolutions.com
Redistribute content from Legacyfundingsolutions.com (unless content is specifically made for redistribution).
IFRAMES
Without prior approval and express written permission, you may not create frames around our Web pages or posts or use other techniques that alter in any way the visual presentation or appearance of our Website.
RESERVATION OF RIGHTS
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
DISCLAIMER
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will: limit or exclude our or your liability for death or personal injury resulting from negligence; limit or exclude our or your liability for fraud or fraudulent misrepresentation; limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, tort (including negligence) and for breach of statutory duty. To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
SERVICES
1.1 Subject to these Terms, Legacy Funding Solutions will provide Customer with payment solutions for expenses incurred by a client of Customer who has subscribed to Legacy Funding Solutions’s financial services platform (the “Principal”) as described in Schedule A (the “Services”).
1.2 Legacy Funding Solutions may modify the Services from time to time at Legacy Funding Solutions’s sole discretion for any purpose deemed appropriate by Legacy Funding Solutions. Legacy Funding Solutions will use reasonable efforts to give Customer prior written notice of any such modification that will have a substantive impact on Customer’s use of the Services.
1.3 Legacy Funding Solutions may engage third party companies and individuals to perform services on our behalf (e.g., without limitation, software maintenance services, advertising serving technologies, e-mail service providers, payment processing services, database management, web analytics and other services).
RESTRICTIONS AND RESPONSIBILITIES
2.1 Customer will cooperate with Legacy Funding Solutions in connection with the performance of the Services by making available such personnel and information as may be reasonably required and taking such other actions as Legacy Funding Solutions may reasonably request. Customer will also cooperate with Legacy Funding Solutions in establishing a password or other procedures for verifying that only designated employees of Customer have access to any administrative functions of the Services.
2.2 Customer will designate an employee who will be responsible for all matters relating to the Services (“Primary Contact”). Customer may change the individual designated as Primary Contact at any time by providing written notice to Legacy Funding Solutions. 2.3 Legacy Funding Solutions will use commercially reasonable security measures to protect Customer data against unauthorized disclosure or use.
2.4 Customer will be responsible for maintaining the security of the Customer account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of the Customer account with or without Customer’s knowledge or consent.
CONFIDENTIALITY
3.1 Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose information relating to the Disclosing Party’s technology, business or services (hereinafter referred to as “Confidential Information” of the Disclosing Party). For clarity, Confidential Information will include any personal information entered by Customer representatives.
3.2 The Receiving Party agrees: (i) not to divulge to any third person any Confidential Information except as provided herein,
(i) to give access to Confidential Information solely to those employees with a need to have access thereto for purposes of these Terms, and (iii) to take the same security precautions to protect against disclosure or unauthorized use of Confidential Information that the party takes with its own proprietary information, but in no event will a party apply less than reasonable precautions to protect Confidential Information. The Disclosing Party agrees that the foregoing will not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public without any action by, or involvement of, the Receiving Party, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it by a third party, or (d) was independently developed without use of any Confidential Information of the Disclosing Party. Nothing in these Terms will prevent the Receiving Party from disclosing Confidential Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order.
3.3 Notwithstanding anything herein to the contrary, Legacy Funding Solutions
3.4 Except as expressly set forth herein, Legacy Funding Solutions alone (and its licensors, where applicable) will retain all intellectual property rights relating to the Services, including any associated software. Customer grants to Legacy Funding Solutions a license to use without restriction, attribution or compensation any suggestions, ideas, enhancement requests, feedback or recommendations provided by Customer relating to the Services. These Terms do not convey to Customer any rights of ownership in or related to the Services, or any associated intellectual property rights.
INTELLECTUAL PROPERTY RIGHTS
4.1 Customer agrees to pay the fees for the Services specified.
4.2 Except as provided otherwise in Schedule A, the fees, charges and financial terms of these Terms shall be unchanged for the first year of these Terms, and are subject to increase or modification by Legacy Funding Solutions thereafter no more than once each calendar year during the term of these Terms upon no less than thirty (30) days prior notice.
4.3 Notwithstanding the foregoing, Legacy Funding Solutions shall be entitled at any time without prior notice to pass through any access fees and/or increase in communications tariffs related to the Services, including, without limitation, government-imposed access fees, fees resulting from changes in regulation or statute, any third party imposed fees.
PAYMENT OF FEES
4.4 Provider acknowledges that the origination of ACH transactions to Provider account(s) must comply with the provisions of U.S. law. As required by 42 C.F.R. 455.18 and 455.19, I understand in accepting electronic payment that such payment may be from Federal and State Funds and any falsification or concealment of a material fact may be prosecuted under Federal law.
4.5 Discount Fees: Legacy Funding Solutions merchant fees vary per type of finance program, and is calculated based on the face or funded value of each successful transaction.
4.6 Monthly Membership Fees: Your account is billed the first monthly Subscription fee immediately and every 30 days thereafter and is debited via Credit Card/ACH/Check Draft from the provided merchant checking account.
4.7 Per Transaction Fee: No Transaction fee will be charged per loan funded through the Legacy Funding Solutions loan application Direct to
Borrower platform.
4.8 Any changes, such as change in bank and/or bank account number will require a new voided check to be used for payment submitted to Legacy Funding Solutions 15 days prior to any change being implemented. I understand that this payment plan may be canceled by Legacy Funding Solutions/ due to non-sufficient funds (NSF). In the event my account does not have sufficient funds for the payment and the payment is returned, I will be liable to pay an NSF fee of $25 per occurrence (or the amount allowed by law) which may be automatically debited for each NSF or attached to the payment attempt made by Legacy Funding Solutions. I represent and warrant that I am authorized to execute this payment authorization for the purpose of implementing this payment plan. I indemnify and hold Legacy Funding Solutions and the bank(s) harmless from damage, loss or claim resulting from damage, loss or claim resulting from all authorized actions hereunder. BY ACCEPTING AND SIGNING THIS AGREEMENT, YOU REPRESENT AND WARRANT THAT YOU HAVE ALL NECESSARY AND REQUIRED APPROVALS AND ARE LEGALLY AUTHORIZED TO ENTER INTO SUCH AGREEMENT AND INTEND TO BE BOUND BY THE TERMS CONTAINED HEREIN.
TERMINATION
5.1 Customer may terminate these Terms upon thirty (30) day’s written notice to Legacy Funding Solutions for Legacy Funding Solutions’s material breach that remains uncured at the end of such notice period. Legacy Funding Solutions may suspend the Services immediately upon written notice to Customer if Customer breaches any of the terms or conditions of these Terms, or may terminate these Terms upon thirty (30) days’ written notice to Customer for Customer’s material breach that remains uncured at the end of such notice period. Upon expiration or termination of these Terms, Customer’s right to use the Services will immediately cease.
5.2 All sections of these Terms which by their nature should survive termination will survive termination, including, without limitation, restrictions, accrued rights to payment, confidentiality obligations, intellectual property rights,
LIMITED WARRANTY
5.3 Legacy Funding Solutions represents and warrants that it will provide the Services using commercially reasonable care and skill in accordance with generally recognized industry standards for similar services.
5.4 EXCEPT FOR THE WARRANTIES OF SECTION 7.1, THE SERVICES ARE PROVIDED “AS-IS,” WITHOUT WARRANTIES OF ANY KIND. Legacy Funding Solutions (AND ITS AGENTS, AFFILIATES AND SUPPLIERS) HEREBY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
INDEMNIFICATION
6.1 Legacy Funding Solutions hereby agrees to indemnify and hold harmless Customer against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) arising from any third party claim that the Services infringe or misappropriate a third party’s intellectual property rights.
6.2 Customer hereby agrees to indemnify and hold harmless
Legacy Funding Solutions against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) arising from any third-party claim relating to Customer’s violation of these Terms.
6.3 The indemnified party under this Section 8 must (i) promptly
notify the indemnifying party of the third-party claim, (ii) supply any information reasonably requested by the indemnifying party, and (iii) allow the indemnifying party to control, and reasonably cooperate in, the defense and settlement of the claim.
LIMITATION OF LIABILITY
7.1 IN NO EVENT WILL EITHER PARTY (OR ANY OF ITS AGENTS, AFFILIATES, LICENSORS OR SUPPLIERS) BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES OR ANYTHING PROVIDED IN CONNECTION WITH THESE TERMS, THE DELAY OR INABILITY TO USE THE SERVICES OR ANYTHING PROVIDED IN CONNECTION WITH THESE TERMS OR OTHERWISE ARISING FROM THESE TERMS, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. EXCLUDING CLAIMS UNDER SECTION 3 (CONFIDENTIALITY) AND SECTION 8 (INDEMNIFICATION), THE TOTAL LIABILITY OF EITHER PARTY TO THE OTHER PARTY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, WILL NOT EXCEED THE FEES PAID OR PAYABLE TO Legacy Funding Solutions HEREUNDER IN THE TWELVE-MONTH PERIOD ENDING ON THE DATE THAT A CLAIM OR DEMAND IS FIRST ASSERTED. THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
MISCELLANEOUS
8.1 If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. These Terms are not assignable by either party, except that (i) either party may, upon written notice to the other party, assign these Terms to an affiliate, and (ii) Legacy Funding Solutions may, upon written notice to Customer, assign these Terms to a purchaser of all or substantially all the stock or assets of Legacy Funding Solutions or to an entity into which Legacy Funding Solutions is merged. Both parties agree that these Terms are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created because of these Terms, and Customer does not have any authority of any kind to bind Legacy Funding Solutions in any respect whatsoever. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e- mail; and upon receipt, if sent by certified or registered mail (return receipt requested), postage prepaid. Legacy Funding Solutions will not be liable for any loss resulting from a cause over which it does not have direct control. These Terms will be governed by the laws of the State of California without regard to its conflict of laws provisions. The federal and state courts sitting in Santa Clara county, California will have proper and exclusive jurisdiction and venue with respect to any disputes arising from or related to the subject matter of these Terms, if either party may seek injunctive relief in any court of competent jurisdiction. Elevate requires separate bank approval with time in business and cash flow requirements.
Authorization
I understand that by signing below I am providing ‘written instructions’ to SURV under the Fair Credit Reporting Act, authorizing SURV to obtain information from my personal credit profile or other information from Experian. I authorize SURV to obtain such information solely to conduct a pre-qualification for credit. This pre-approval will have no impact on your credit score.
Amplify Guarantee
To qualify for the guarantee, customer must submit at least 5 applications.
Refund Policy
Due to an severe increase in online e-commerce payment-card-related fraud, the Covid-19 global pandemic and related economic challenges, and other associated events and circumstances, current Legacy Funding Solutions company policy only allows us to communicate with clients requesting a refund via the original email address used during signup/checkout. Additionally, mandatory Legacy Funding Solutions company policy only allows for refunds to be issued to the original payment method used during checkout. Under no circumstances will we communicate with clients requesting a refund using an updated/changed/alternate email address, and under no circumstances will any refund be issued to any updated/changed/alternate payment method. If our refund policy does not meet your needs or comply with your specific circumstance, we invite you to open a support-ticket directly with your payment card issuer. Your payment card issuer can contact us directly, and we will gladly work with your payment card issuer directly in order to reach a satisfactory outcome. We thank you for your understanding.
Legacy Funding Solutions
333 West San Carlos St 9th Floor
San Jose, CA 95113
Voice: 1-800-810-3491
333 West San Carlos Street 9th Floor
San Jose, California 95113
P: 1-800-810-3491
Email: legacyfundingsolutionssj@gmail.com
©2022 Legacy Consulting Group dba Legacy Funding Solutions. All rights reserved. Created by Legacy Marketing Solutions
