ELIGIBILITY, LICENSE AND REPRESENTATIONS
Electronic Transactions and Disclosures
Because Pipe operates only on the Internet, you acknowledge that, should you use the Services, it is necessary to transact business with us online and electronically. As part of doing business with us or with a partner originating bank (“Partner Bank”), you acknowledge and agree that it is necessary to give you certain disclosures electronically, either via our Site or to the email address you provide to us. By agreeing to the Terms ofUse, you agree to receive electronically all documents, communications, notices, contracts, and agreements arising from or relating to your use of the Services, including any advances you may request or receive, your registration as customer on the Services, your use of the Services, and the servicing of your advance, (each, a "Disclosure"), from us or a Partner Bank. The decision to do business with us and/or with any of our Partner Banks electronically is yours. This document informs you of your rights concerning Disclosures.
To unsubscribe from text messages at any time, reply STOP to any text message you receive from Pipe. You acknowledge that following such a request to unsubscribe, you may receive one final text message from Pipe confirming your request. For help, contact us at [email protected].
CALL RECORDING AND MONITORING: You acknowledge that is necessary for us to record and monitor, for quality assurance, training, risk management and/or collection purposes, any call that you place with us (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) or that we (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) place to you.
Electronic Communications. Any Disclosures will be provided to you electronically through our Site or via electronic mail to the email address you provided. If you require paper copies of such Disclosures, please email us at [email protected].
Scope of receipt of Disclosures and transacting business electronically. Your receipt of Disclosures and ability to transact business electronically, and our agreement to do so, applies to any transactions to which such Disclosures relate, whether between you and Pipe or between you and our Partner Bank. This will remain in effect for so long as you are a User and, if you are no longer a User, will continue until such a time as all Disclosures relevant to transactions that occurred while you were a User have been made.
Doing Business Electronically. You confirm that you have the required hardware and software capabilities needed to use the Services.
How to Contact Us regarding Electronic Disclosures. You can contact us via email at [email protected].
You agree and acknowledge that you can access, receive and retain all Disclosures electronically sent via email or posted on the Site.
Change in Your Contact Information. You will keep us informed of any change to your email address, telephone number and primary business address.
Proprietary Rights in Services Content; Limited License
REGISTRATION FOR THE SERVICES
For certain features of the Services, you’ll need an account.
By registering for an account with the Services, you certify that:
- Any information you provide to us, both when you register and, in the future, is and will be true, accurate, current and complete
- You will keep all information up-to-date
By registering for an account with the Services, you further confirm the following:
You understand that Pipe may use and analyze your information in order to (a) provide you with a better experience; (b) provide you with customized recommendations (c) serve you targeted offers and advertisements; (d) run statistical analysis; and (e) aggregate your data and publish results in a way that cannot identify you individually.
You will grant (or procure the grant of) such access as Pipe may require to connect to any appropriate data sources in order to supply the Services to you, including (without limit) any third party payroll service, bank, recurring revenue subscription software or payment processing services. You will provide, and shall procure that any such third party provides, Pipe with all necessary cooperation in connection with the same. The supply of the Services by Pipe is conditional upon such access and cooperation.
Registration Data; Account Security
In consideration of your use of the Services, you agree to (a) provide accurate, current and complete information about you and your business Services, in each case as may be prompted by any registration forms on the Site or otherwise requested by the Company ("Registration Data"), including the business or entity's full legal name; (b) provide such materials as the Company may request to establish and/or verify your authority to enter into binding agreements, your legal existence, good standing in any jurisdiction and eligibility to use the Services; (c) maintain the security of your password and identification; (d) maintain and promptly update the Registration Data, and any other information you provide to the Company, to keep it accurate, current and complete; (e) promptly notify the Company regarding any material changes to information or circumstances that could affect your eligibility to continue to use the Services or the terms on which you use the Services; and (f) be fully responsible for all use of your account and for any actions that take place using your account. In the event that a third party gains access to your username or password, you should notify us immediately by emailing [email protected]. We are not liable for any loss resulting from your failure to protect the confidentiality of your username or password.
Furthermore, you represent and warrant and agree that you will not represent or portray your business or entity as being affiliated with the Company in any capacity other than being a User of the Services without the Company's prior written consent.
RESTRICTIONS ON USE
You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the Services will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory, fraudulent or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Services for any other purpose. You further agree that you may not use the Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Services. In addition, you agree not to use the Services to:
- upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- except where authorized by the Company, register for more than one User account, or operate a User account on behalf of or for the benefit of any person or entity who is not eligible to register for or operate a User account in their own name;
- operate or otherwise utilize an account for any purpose prohibited by law or regulation, any activity which you are not duly authorized to conduct, or for any purpose prohibited by any other agreement between you and the Company or a Partner Bank;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, or your affiliation with or authority to act on behalf of any person or entity;
- upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, transmit, share or otherwise make available any material that contains software viruses or any other malicious or tracking computer code, files or programs designed to track, interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- use or attempt to use another's account, service or system without authorization from that person and the Company, or create a false identity on the Services; or
- upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose the Company or its users to any harm or liability of any type.
In addition to the User Representations you further agree and confirm that:
- you will communicate with any other User regarding any advance request made by you;
- you will not represent or portray the business or entity as anything other than a seller in connection with its advance request without the Company's prior written consent.
Restrictions on Data Collection/Termination
Without our prior consent, you may not:
- use any automated means to access this Site or collect any information from the Services (including, without limitation, robots, spiders, scripts or other automatic devices or programs);
- frame the Site, utilize framing techniques to enclose any Services Content or other proprietary information, place pop-up windows over this Site's pages, or otherwise affect the display of this Site's pages;
- engage in the practices of "screen scraping," "database scraping" or any other activity with the purpose of obtaining content or other information;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial or non-commercial solicitation or bulk communications of any kind to any Pipe member or third party;
- Use data provided by Pipe, provided in any manner whatsoever, for any competing uses or purposes. You further agree that you have never used data, provided in any manner whatsoever, from Pipe in the past to compete with the products or services of Pipe; or
- use the Services in any manner that violates applicable law or that could damage, disable, overburden, or impair this Services or interfere with any other party's use and enjoyment of this Services
We may terminate, disable or throttle your access to, or use of, the Services at any time without notice for any reason, with or without cause at Pipe’s sole discretion.
By posting User Content on or through the Services e, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, modify, create derivative works, reformat, translate, excerpt (in whole or in part) and distribute such User Content in connection with operating and providing the Services, including in connection with underwriting, risk management and marketing activities . You may remove your User Content from the Services at any time. If you choose to remove your User Content, the license granted above will not expire.
SERVICES WE MAY PROVIDE TO YOU
As part of our Services, we may provide you with analysis or estimates. Any such information is illustrative and for informational purposes only. We base our analysis and estimates on certain assumptions and data that might be available to us. Our analysis and estimates are uniquely ours and are not endorsed by any third-party partner. Furthermore, any analysis or estimate is determined by our own proprietary methodology. As such, we may change, alter, or modify any methodology at any time and elect to emphasize, ignore, or alter certain factors in our sole and absolute discretion.
Our Services are intended to be utilized within the United States. We make no representations or warranties that the information, products, or services provided through our Services, or our Content, are appropriate for other jurisdictions. If necessary, we reserve the right to limit the availability of our Services to any person, geographic area, or jurisdiction, at any time and in our sole discretion.
INTELLECTUAL PROPERTY MATTERS
Pipe and other Company’s graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of the Company in the U.S. and/or other countries. The Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to [email protected].
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services ("Submissions"), provided by you to the Company are non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Links to Other Web Sites and Content
The Site contains (or you may be sent through the Services) links to other websites ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third parties (the "Third Party Content"). Such Third-Party Sites and Third-Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Sites or Third Party Content accessed through the Services, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third-Party Sites or the Third-Party Content. Inclusion of or linking to any Third-Party Site or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
None of Company's, its parent, any of its affiliates, subsidiaries, providers or their respective officers, directors, employees, agents, independent contractors or licensors (collectively the "Pipe Parties") guarantees the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any of the Content and the Pipe Parties disclaim liability for errors or omissions in the Content.
THE SERVICES AND ALL OF THE SERVICES CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR QUIET ENJOYMENT. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE SERVICES CONTENT. THE PIPE PARTIES DO NOT WARRANT THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Although we provide rules for User conduct and postings, we do not control and are not responsible for any User Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Services. The Company cannot guarantee and does not promise any specific results from use of the Services to obtain an advance.
The Services may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or on the Services or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage to any User Content.
The Company reserves the right to change any and all content contained on the Services at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.
Limitation on Liability
IN NO EVENT WILL THE COMPANY OR ANY PIPE PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES OR ANY OF THE SERVICES CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SERVICES, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY'S LIABILITY TO YOU IN CONNECTION WITH YOUR USE OF THE SERVICES OR ANY OF THE SERVICES CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SERVICES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO, AS APPLICABLE (A) THE HIGHER OF (X) THE TOTAL AMOUNTS PAID BY YOU TO THE COMPANY FOR THE SERVICES, OR (Y) ONE THOUSAND DOLLARS ($1,000), OR (B) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO COMPANY, ONE HUNDRED DOLLARS ($100).
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU.
Governing Law and Jurisdiction