These Business Finance Services Terms & Conditions (“Terms & Conditions”) are applicable in connection with the business funding application (“Request for Funding”) submitted by or on behalf of any business on LEY Capital’s website. As used herein, “LEY Capital” refers collectively to LEY Capital, LLC. and its subsidiaries. These terms and conditions are applicable as soon as you submit your documentation in connection with a Request for Funding

The purpose of these Terms & Conditions is to set out the representations and authorizations that each applicant is required to make in order to allow LEY Captial to obtain credit reports, and the required disclosure of other information and documents in connection with a Request for Funding. In connection with any Request for Funding, each person submitting an application and the business seeking funding (collectively, “Customer” or “you”) hereby accepts LEY Capital’s Terms of Service (“Terms of Service”). These Terms & Conditions form a part of those Terms of Service, which together constitute a legally binding agreement between you and LEY Capital when you submit your documentation for a Request for Funding.

You further agree that:

  1. The information contained in all documents of any kind provided or to be provided, directly or indirectly, to (i) LEY Capital, LLC. and/or (ii) any bank, financial institution, factor, company providing merchant cash advances or receivables financing or other business funding, or other funder (such funders and other funding providers, collectively, “Funders”) in connection with or following a Request for Funding”), including without limitation credit reports from one or more consumer or business credit reporting agencies, credit score, credit history,
    investigative reports, consumer reports, statements from creditors or financial institutions, bank statements, tax returns and credit card statements regarding Customer, and any other business or personal information so provided (collectively, “Information and Documents”), is true, complete and accurate.
  2. You authorize LEY Capital to provide some or all of such Information and Documents to any Funder as deemed appropriate by Biz2Credit in its sole discretion in connection with your Request for Funding, including in connection transactions initially declined by LEY Capital and/or its affiliates.
  3. You authorize LEY Capital and each Funder to (i) use such credit reports and other Information and Documents to verify your identity and credit history and for the other purposes specified below; (ii) do one or more hard pulls of your (and your business’) credit report(s) in connection with any Request for Funding or as provided in a definitive financing agreement with any Funder; and (iii) do soft pulls of your (and your business’) credit report(s) both in connection with any Request for Funding and thereafter from time to time.
  4. You authorize each Funder to conduct background checks and obtain personal and business credit reports from any credit reporting agencies and any other investigative report or statement from any creditor or financial institution, from time to time in connection with any financing at Funder’s discretion. You understand that such credit reports and any other Information and Documents as Funder deems appropriate will be used by Funder in making a credit decision.
  5. You authorize (i) LEY Capital to disclose any or all of such Information and Documents to any and/or other third parties that may be associated with any Funder or otherwise involved in the facilitation or provision of the business funding related to your Request for Funding (collectively, “Funder Parties”) and (ii) each Funder to disclose any or all of such Information and Documents, and share any or all of such Information and Documents with other Funder Parties in connection with such potential transactions. Customer understands and agrees that LEY Capital and/or Funders may share and/or retain Request for Funding information and any other information provided by LEY Capital or received by them, whether or Customer qualifies for a funding or other funding product and whether or not Customer enters into a credit or other transaction. Customer further agrees to notify any Funder directly if Customer no longer wants to receive communications from that Funder.
  6. LEY Capital and each Funder and Funder Party shall be entitled to rely upon the accuracy and completeness of such Information and Documents provided by or on behalf of Customer, and LEY Capital is not responsible for any inaccuracy contained therein that may be incorporated into a Request for Funding.
  7. You will immediately notify LEY Capital if the information contained in any Information and Documents is no longer accurate and/or of any change in any of such Information and Documents or Customer’s financial condition.
  8. You hereby authorize LEY Capital and each Funder to request, receive and forward to any Funder and/or Funder Party, as applicable, any such Information and Documents, together with any related information or documents or verification thereof, in each case as they may deem necessary in connection with your Request for Funding.
  9. You hereby waive and release any claims against LEY Capital and each Funder and Funder Party or any provider of credit reports, credit score or other information-provider, together with their respective and each of their respective representatives, officers, directors, employees, agents, affiliates, successors and assigns arising from any act or omission relating to the request, receipt, release or use of any such Information and Documentation (including without limitation the hard or soft pull of credit reports or credit score) in connection with any Request for Funding.
  10. You hereby acknowledge and agree that:
    1. LEY Capital is not an agent or broker of Customer or any Funder;
    2. LEY Capital does not take or complete applications for credit on behalf of any Funder or make funding or credit decisions in connection with any Request for Funding or related commercial financing;
    3. LEY Capital does not issue commitments on behalf of any Funder;
    4. A Request for Funding application constitutes an inquiry to be matched with Funders interested in obtaining funding applications from Customer and will be deemed “completed” only when all required Information and Documents have been submitted as determined by the relevant Funder;
    5. Funder selected by the Customer may require Customer to pay an application or other fee to cover the costs of an appraisal, credit report or other items; and
    6. Any application for credit will be subject to final approval by the selected Funder and signed credit agreements and other related documents at Funder’s sole discretion
    7. Any credit decision made will be at the sole discretion of the Funder.
  11. You hereby authorize LEY Capital and/or any Funder to whom your application was submitted to send promotional communications to you / and or your business regarding the products or services of any such Funder.
  12. In connection with any Request for Funding, you authorize LEY Capital and any Funder or Funder Party to review your bank statements, including via remote online service such as Advanced Global LLC.
  13. You acknowledge that your Request for Funding does not constitute an application for business loan or other “credit” product unless these financing products are specifically discussed in writing between you and LEY Capital and/or the proposed lender.
  14. If (and only if) your Request for Funding is deemed to be constitute an application for business loan or other “credit” product as provided directly above, the following notice applies:If your application for a loan is denied, you have the right to a written statement of the specific reasons for the denial. To obtain the statement, please contact within 60 days from the date you are notified of the credit decision. You have the right to obtain a written statement of reasons for the denial within 30 days of receiving your request for the statement.Notice: 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, age (provided the applicant has the capacity to enter into a 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. The federal agency that administers compliance with this law concerning this creditor is the Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580.
  15. By using and/or visiting this Website and/or submitting any Request for Funding, you further consent to the conduct of business with LEY Capital by electronic and digital means, including without limitation email, e-signatures and e-payments as applicable.
  16. Each Owner/Officer identified above represents and warrants to LEY Capital, intending to be legally bound, that he or she is authorized to submit this form on behalf of Customer.
    This Business Finance Services Terms & Conditions were last modified on August 31, 2019. This document may be revised on the periodic basis to reflect the changes in our business and practices, and so you should review this page periodically. When we change the policy in a material manner, we will let you know and update the ‘last modified’ date directly above.

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