PLEASE READ THIS BANK REGISTRATION SERVICE TERMS AND CONDITIONS. THIS AGREEMENT IS BETWEEN YOU (AS AN INDIVIDUAL OR LEGAL ENTITY) AND 1st MERCHANT FUNDING LLC (“1st MERCHANT”), ITS BUSINESS PARTNERS AND AFFILIATES.
BY USING THIS BANK REGISTRATION SERVICE YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE BANK REGISTRATION SERVICE.
1st Merchant and its third-party service providers, that provide services related to the bank registration service, will collect information necessary to verify your financial standing as a merchant through this bank registration service. You acknowledge that you are making an inquiry as to financing programs and services offered by 1st Merchant through the bank registration service, and consent to 1st Merchant’s and its third-party services provider’s access to and use of your financial account information. Such information may include, without limitation, and information that you provided as a part of our application process, including without limitation, your full name, birth date, address, telephone number, social security number, driver license information, mortgage information, tax identification numbers, credit information, and other financial account information, such as bank accounts, account balance and charges and/or credit card processing information (collectively, “Personal Information”).
You acknowledge that 1st Merchant may be provided access to all Personal Information associated with our financial institutions account that you provide to our third-party service providers. You consent to the access, storage, retention, processing, disclosure, and transfer any Personal Information that you provide through this bank registration service, or as processed by to us or our third-party service providers in connection with our funding services (“Uses”). You acknowledge and agree that we may use all or a subset of your Personal Information to make our funding decision. You acknowledge that 1st Merchant is not a party to any agreement that you independently may make with an affiliate or business partner (for example, your banking institutions) and that under such independent circumstances, the affiliate or business partner is solely responsible for its services to you.
You own all of your Personal Information and all information that you enter or use in connection with the bank registration services. We do not claim any rights, proprietary or otherwise over any data or information which you may use or disclose in connection with the bank registration services. Notwithstanding the foregoing, there may be circumstances in which we may be required to disclose Personal Information and data, such as: (1) for the purposes of fraud prevention and complying with law enforcement or court orders; (2) to comply with any legal, governmental or regulatory requirement; and (3) to our accountants, auditors, or lawyers in connection with any legal proceedings.
If we are required to disclose your Personal Information and data, we will use our best efforts to provide you with reasonable notice under the circumstances, and if appropriate the right to challenge any such request.
By submitting your contact request, you are consenting to be contacted by telephone (on a recorded line), automated calling, pre-recorded calling, text message, email, fax, telephone or any means, even if you have opted in to the National Do Not Call List, any state equivalent Do Not Call List, or the internal Do Not Call List of any company. You understand that our business partners and affiliates may maintain the information you submitted to us even if you decide not to use the bank registration services. In the event you no longer want to receive communications you can opt-out the service by contacting us at: LegalCompliance@1stMerchantFunding.com.
1st Merchant shall not be responsible for the accuracy or validity of Personal Information acquired through the bank registration service. 1st Merchant is not responsible for the accuracy of data, documents, or materials entered into, or created using, the bank registration services. You assume sole responsibility for and shall ensure that any information, data, documents or materials used, disclosed, entered into, or created using, the bank registration service or in connection with the bank registration service are accurate, reliable and complete and do not violate our terms of service. You represent and warrant that you have all rights or have obtained all required consents and comply with all applicable legislation, including without limitation privacy legislation, in connection with any use and disclosure of your Personal Information in connection with your use of the bank registration service.
Your third party cellular services provider may bill you for connection services fees or costs (including text, data, phone, and delivery charges) that are independent of the Bank registration services. You remain responsible to pay for such connection services. You represent and warrant that you have the right to provide us with usernames, passwords, personal information and other access credentials which we may require to access any third party services or accounts in connection with the Bank registration services.
THE BANK REGISTRATION SERVICE IS PROVIDED “AS IS” AND “WITH ALL FAULTS.” 1ST MERCHANT MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO ITS USE, AVAILABILITY, CONTENT ACCURACY, APPROPRIATENESS OR PERFORMANCE OF THIS SERVICE. AS A USER, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR ITS USE OR NON-USE, AND 1ST MERCHANT MAKES NO REPRESENTATION THAT THE SERVICE IS COMPATIBLE WITH YOUR COMPUTER OR FREE FROM ERROR OR VIRUSES. NO 1ST MERCHANT EMPLOYEE, AGENT OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY. TO THE EXTENT ALLOWABLE BY EXISTING LAW, 1ST MERCHANT DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IF YOU RESIDE IN SUCH JURISDICTIONS.
1ST MERCHANT’S ENTIRE OBLIGATION HEREUNDER SHALL BE TO PERMIT USE OF THE BANK REGISTRATION SERVICES UNDER THE TERMS HEREOF. IN NO EVENT SHALL 1ST MERCHANT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, CAUSES OF ACTION, OR DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EXPENSES, LOST PROFITS, OR DAMAGES IN CONNECTION WITH LOST OR STOLEN DATA OR ANY OTHER DAMAGES ARISING OUT OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO THE USE, MISUSE OR INABILITY TO USE BANK REGISTRATION SERVICES OR TO ACCESS, DISCLOSURE AND USE OF YOUR PERSONAL INFORMATION, EVEN IF 1ST MERCHANT OR AN AUTHORIZED THIRD-PARTY SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE TO RELEASE AND HOLD HARMLESS 1ST MERCHANT, ITS THIRD-PARTY SERVICE PROVIDERS, AFFILIATES AND BUSINESS PARTNERS, AND THEIR RESPECTIVE EMPLOYEES, MANAGERS, DIRECTORS, MEMBERS, SHAREHOLDERS, OFFICERS AGAINST ANY AND ALL CLAIMS OR CAUSE OF ACTION, AND FROM ANY ALL LIABILITY AND DAMAGES RELATING TO YOUR USE OF BANK REGISTRATION SERVICES.
This Agreement shall be construed in accordance with the laws of the State of Florida without regard to its conflict of laws rules. Any legal proceedings against 1st Merchant that may arise out of, relate to, or be in any way connected with the Bank registration service or applicable additional terms, shall be brought exclusively in the state and federal courts located in Miami-Dade County, Florida and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.
We reserve the right to modify, change, or add terms, or features of the bank registration services at any time, and at our sole discretion. Any additional terms that we may provide to you will be incorporated by reference into this Agreement and will become effective from the date they are acknowledged on your mobile device. To the extent any additional terms conflict with this Agreement, the additional terms will control.
You expressly release 1st Merchant from any claim of harm resulting from a cause beyond our control, including, without limitation, failure of electronic or mechanical equipment or communication lines, access devices, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters or other acts of nature, strikes, or other labor problems, wars or governmental restrictions.
By registering with the Bank registration service, or by sending e-mails or text messages to us, you are communicating with us electronically. And in doing so, you consent to receive communications from us electronically. We will communicate with you by e-mail, text message, or by posting notices on this Bank registration service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If any one or more of the provisions contained in this Agreement or any additional terms shall for any reason be found to be invalid, illegal or unenforceable in any respect, said finding shall not affect the remaining provisions, which shall be enforceable to the fullest extent permitted by law, provided that such severance does not alter the fundamental benefit of the bargain to either party.
This Agreement, additional terms as referenced in this Agreement, and any separate written agreements between you and 1st merchant related providing advances and/or funding to you, constitutes the complete and exclusive agreement between you and 1st Merchant with respect to use of the Bank registration services and supersedes any and all prior or contemporaneous communications, representations, statements, agreements and understandings, whether in oral, written or electronic form, between you and 1st Merchant concerning the use of the Bank registration services. This Agreement, Privacy Policy as posted on www.1stmerchantfunding.com or additional terms shall be construed as consistent with each other whenever possible, but if such construction is unreasonable due to conflicting terms, the additional terms shall control over all others.
This Agreement may not be assigned by you to anyone. No provision of this Agreement is intended to create, or creates, any rights in or benefits to any third party.