UpCrunch, Inc. (“UpCrunch”) helps borrowers assess third-party funding options, and apply for and receive funding (the “Services”). The www.upcrunch.com website (“Website”) is offered as part of the Services. By using this Website or the Services, you agree to comply with and be bound by the following terms and conditions of use (“Agreement”). Please review this Agreement carefully as it is a binding agreement if you use the Website or request other Services from UpCrunch.
Your use of the Services, including visiting the Website, is also governed by UpCrunch’s Privacy Policy. Please review our Privacy Policy at our privacy policy is made part of this Agreement by reference.
UpCrunch is not a lender. UpCrunch refers business borrowers to lenders and other funding sources, and helps borrowers determine what kind of funding would best help their specific business needs. Lenders, and not UpCrunch, make an ultimate decision about whether or not to lend, how much capital to make available capital, and terms of borrowing based on a variety of factors. UpCrunch can help assess likelihood a particular funding source would be a good fit for a business, but cannot commit any lender to lend. Lenders alone commit to lend. Receiving funding recommendations or referrals from UpCrunch is not a commitment to lend, or a guarantee any lender will make any funding available. UpCrunch shall have no liability if a borrower is unable to secure desired funding.
a. No Upfront Cost. UpCrunch does not charge a fee to consult with borrowers and help them determine available funding options. If a borrower determines to obtain funding recommended or referred by UpCrunch, UpCrunch may earn a fee from the lender in connection with the funding. UpCrunch does not directly charge borrowers a fee to use the Services.
b. No Commitment. Consulting with UpCrunch does not commit or require a borrower to borrow, but some lenders may require a signed commitment from a borrower to proceed further with the lending process. Any such commitment and the terms of the loan/funding are between the borrower and the lender (and not UpCrunch). UpCrunch may decline to provide Services to anyone at any time for any reason.
c. Website Examples. Possible funding sources (as far as type, amount, and terms) on the Website are samples of the type of funding available to many UpCrunch customers, but individual terms and options for individual borrowers may vary based on borrower creditworthiness and other factors lenders consider. For example, a newly established business may have fewer funding options than a business with a more established track record. There is not a one-size fits all funding source or type of funding. UpCrunch’s actual recommendations for a borrower are dependent on receiving truthful, accurate, and complete information from the borrower.
d. How Quickly Funding Occurs. No funding is possible prior to completing the application and documentation (e.g., bank account statements, tax returns and other financials). Timeframes on the website that suggest how quickly funding can occur presuppose that the funding application and background documentation is complete and are measured from completion of these materials.
e. No Legal, Financial or Tax Advice. Any legal questions about funding documents should be directed to your legal counsel. Questions about financial or tax impact of a loan/funding source should be directed to your accountant or other financial advisers. UpCrunch is not in the business of giving legal, financial or tax advice.
a. Ownership. All content, materials, images, designs, text, logos, and trademarks (collectively, the “Materials”) contained on the Website are protected under applicable copyright, patent, and trademark rights, and other proprietary rights owned by UpCrunch or its licensors. You may only use the Website for your individual business information and reference. No commercial use of the Website is permitted. All other rights in the Website are reserved to UpCrunch and its licensors. Any copying, redistribution, or publication by you of any Materials is prohibited, except that you may print a copy of this Agreement or the Privacy Policy for your reference. Under no circumstances will you acquire any ownership rights or other interest in any Materials by or through your use of this Website. You may not seek to obtain the source code of the Website or circumvent any privacy, security, or other controls of the website.
b. Intended Audience. The Website is intended for use by adults in the United States only. The Website is not intended for use by minors and particularly not for use by children under 13 years old.
c. Compliance with Laws. You agree to comply with all applicable laws regarding our use of the Website.
d. Disclaimers & Limitation on Liability. Use of and browsing in the Website is done at the user’s own risk. Neither UpCrunch nor any other party involved in creating, producing or delivering the Website shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, or browsing the Website, or downloading of any materials, data, text, images, video or audio from the Website, including, without limitation, damage to, or viruses that may infect, your computer equipment or other property as a result thereof. Without limiting the foregoing, everything on the Website is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
e. Errors. While UpCrunch uses reasonable efforts to include accurate and up to date information on the Website, UpCrunch makes no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assumes no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the content of the Website. UpCrunch reserves the right to correct errors on the Website but is under no obligation to correct all errors brought to its attention.
a. Governing Law. UpCrunch maintains and operates the Website and offers Services from its offices in the State of California, United States. This Agreement is governed by and interpreted under the laws of the State of California, United States of America. If any portion of this Agreement is deemed unlawful, void or unenforceable, then that part shall be deemed severable and will not affect the validity and enforceability of any remaining provisions.
b. Arbitration Clause. In the event of any disagreement regarding the Services or this Agreement or our Privacy Policy, you agree to submit any disputes for resolution by the American Arbitration Association (“AAA”) under the AAA’s Commercial Arbitration Rules in front of a single arbitrator selected according to such rules. The place of the arbitration shall be Los Angeles County, California. Judgment upon the decision rendered by the arbitrator may be entered in any court having jurisdiction. Any decision by the arbitrator shall be final and binding, and except in cases of fraud or gross misconduct by the arbitrator, the decision rendered shall not be appealable. Notwithstanding the foregoing arbitration clause, in the event any threat to UpCrunch’s intellectual property rights or the Site, UpCrunch reserves the right to seek immediate injunctive relief in any court of competent jurisdiction.
c. Class Action Waiver. Any and all disputes, claims, and causes of action arising out of or regarding the Services or this Agreement or our Privacy Policy shall be resolved individually, without resort to any form of class action. You agree that the arbitrator can only award relief in favor of the individual party seeking relief and only to the extent necessitated by the individual party’s claims. Any relief awarded cannot affect other customers of UpCrunch or users of the Website or Services.
EXCEPT TO THE EXTENT PROHIBITED BY LAW, UPCRUNCH SHALL NOT BE RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXTRAORDINARY, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE), EVEN IF ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES, IN CONNECTION WITH THE SERVICES.
UPCRUNCH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, WHETHER EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ANY WARRANTIES REGARDING THE SERVICES OR ANY OUTCOME FROM THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES REGARDING THE AVAILABILITY OR OPERATION OF THE SERVICES OR FUNDING, OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. UPCRUNCH DOES NOT WARRANT THE WEBSITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE.
UpCrunch may make changes to its Services and the Website at any time without any notice, or suspend or discontinue its Services and Website at any time without notice. If this Agreement is changed, UpCrunch will post a revised version on the Website. Your continued use of the Services, including the Website, following changes to this Agreement constitutes your acceptance of the current version of this Agreement.
With respect to any feedback, comments, suggestions, ideas or the like that you provide (“Feedback”) to UpCrunch regarding the Website or Services, you agree that: you have the right to provide the Feedback to UpCrunch; UpCrunch has no obligation to consider or act on any Feedback; the Feedback is not confidential; and UpCrunch has the irrevocable and unconditional right to use the Feedback.
You consent to receive communications from us electronically, such as e-mails, or notices and messages on the Website, and you can retain copies of these communications for your records. 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 you use a mobile device to access the Website or Services, your carrier may impose data and other charges.