Ownership of Site; Agreement to Terms of Use
The Virtuous Funding service and website (each as defined below) are operated by Virtuous Funding, Inc., together with its parent companies, subsidiaries, and affiliates conducting business under the Virtuous Funding name (collectively, “Virtuous Funding,” “we,” “our,” or “us”). Virtuous Funding provides small business loans, lines of credit, credit servicing, and related financial products and services (the “Service” or “Services”).
Virtuous Funding is not an investment advisor or financial planner and does not provide financial, securities, legal, or tax advice. Before making any financial decisions or implementing any strategy, you should seek guidance from your accountant, attorney, or other qualified advisors.
“You” refers to the individual accessing the Website (defined below) and the company applying for or using the Services. Unless otherwise specified, any agreements, authorizations, consents, or permissions granted by you or to you under this Agreement also apply to and are binding upon your company seeking our Services.
By accessing the information, tools, features, and functionality available at virtuousfunding.com or its subdomains (the “Website”), or by submitting a credit application to Virtuous Funding, you acknowledge that you have read, understand, and agree to be bound by these Terms of Use (the “Agreement”). You further represent that all information provided by your company as borrower and/or by you as guarantor or authorized representative in connection with the Services is complete and accurate.
You may not use the Services if you are under 18 years of age. BY USING THE WEBSITE OR APPLYING FOR OR USING ANY SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD OR MEET THE MINIMUM LEGAL AGE REQUIREMENT IN YOUR STATE, ARE A LEGAL RESIDENT OF THE UNITED STATES, AND HAVE AUTHORITY TO BIND THE BUSINESS ENTITY APPLYING FOR CREDIT. You acknowledge that (a) a personal guarantee may be required for credit extended to your company, and (b) term loans may be secured by a general lien on your business assets. You should print or retain a copy of this Agreement before using the Services or submitting an application.
In addition to this Agreement, you and your company may enter into separate agreements, including but not limited to a loan agreement or promissory note governing the terms of your company’s financing (each, an “Additional Agreement”). Any Additional Agreement supplements this Agreement, which remains fully effective. If there is any inconsistency between this Agreement and an Additional Agreement, the Additional Agreement will control with respect to the specific matters it addresses, without affecting the remainder of this Agreement.
Modifications
Virtuous Funding reserves the right to revise this Agreement at any time in its discretion. The “Last Updated” date at the top of this page indicates when changes were most recently made. Your continued use of the Website or Services following any updates constitutes your acceptance of the revised terms. Although we may provide notice of changes, you are responsible for reviewing this page periodically, as updates are binding regardless of whether notice is provided.
Credit and Background Check Authorization
By submitting an application to Virtuous Funding, you authorize Virtuous Funding and its agents, affiliates, successors, and assigns to contact third parties and obtain information necessary to evaluate your eligibility. This may include conducting background checks, obtaining business credit card sales data, and requesting personal and business credit reports.
This authorization applies to initial underwriting, ongoing account reviews, renewals, modifications, or referrals to third-party lenders. Virtuous Funding does not guarantee approval of any application. Upon request, we will inform you whether a credit report was obtained.
Registration
While certain areas of the Website may be accessed without registration, some features require creation of a username and password. You agree not to share your login credentials. You are responsible for (i) maintaining the confidentiality of your account information, (ii) notifying us promptly if your credentials should be deactivated, and (iii) all activity, charges, or damages incurred under your account until notice is received. Virtuous Funding is not responsible for authorized or unauthorized use of your account.
Information Collected and Used
Please refer to our Privacy Policy, which is incorporated into this Agreement by reference, for details on how Virtuous Funding collects, uses, and safeguards personal and business information.
Information You Provide: This may include your name, address, email, telephone number, financial and account information, date of birth, Social Security number, tax identification numbers, and government-issued identification.
Information Collected Automatically: We may collect IP address, approximate geolocation, device information, and Website activity through analytics tools and tracking technologies. This information is used to enhance our Services, improve user experience, and support marketing and advertising efforts.
Use of the Website; Acceptable Use
You may use the Website only for lawful purposes. You agree not to:
- Disrupt, impair, or overburden the Website;
- Use automated systems or scripts to collect data without authorization;
- Attempt to gain unauthorized access to systems or accounts;
- Violate any applicable laws or regulations; or
- Engage in conduct that harms Virtuous Funding or third parties.
Virtuous Funding reserves the right to investigate and pursue violations to the fullest extent permitted by law.
Third-Party Websites
Links to third-party websites are provided for convenience only and do not constitute endorsement. Accessing third-party sites is at your own risk, and Virtuous Funding is not responsible for any damages or losses arising from their use.
Intellectual Property
All content on the Website, including text, graphics, logos, images, and software, is the property of Virtuous Funding or its licensors and is protected by intellectual property laws. You may not copy, reproduce, distribute, modify, or create derivative works without prior written permission. All trademarks and proprietary marks displayed on the Website are protected and may not be used without authorization.
Security
You are responsible for maintaining the confidentiality of your account credentials and for promptly notifying Virtuous Funding of any unauthorized access or use. Virtuous Funding is not liable for losses resulting from your failure to maintain proper security.
Disclaimers; No Warranty
THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. VIRTUOUS FUNDING DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
To the fullest extent permitted by law, Virtuous Funding and its affiliates shall not be liable for indirect, incidental, consequential, special, or punitive damages, including lost profits. Total liability for any claim relating to the Services shall not exceed the amounts paid to Virtuous Funding for Services during the six months preceding the event giving rise to the claim.
Indemnification
You agree to defend, indemnify, and hold harmless Virtuous Funding and its affiliates from and against any claims, losses, liabilities, damages, or expenses arising from your use of the Website, violation of this Agreement, infringement of third-party rights, or content submitted by you.
Termination
Virtuous Funding may suspend or terminate access to the Website or Services at any time. Provisions relating to Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Governing Law shall survive termination.
Governing Law
This Agreement shall be governed by the laws of the state in which Virtuous Funding maintains its principal place of business, without regard to conflict of law principles.
Dispute Resolution; Arbitration
Any disputes arising under this Agreement shall first be addressed through good faith negotiation. If unresolved, disputes shall be resolved through binding arbitration in the state where Virtuous Funding is headquartered. Each party shall bear its own costs unless otherwise determined by the arbitrator.
Waiver and Severability
No waiver of any provision shall constitute a continuing waiver. If any provision is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Modifications to Terms
Virtuous Funding may update these Terms at any time. Continued use of the Website following revisions constitutes acceptance of the updated Terms.
Entire Agreement
This Agreement represents the entire understanding between you and Virtuous Funding regarding the Website and Services and supersedes all prior communications on the subject.
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