Application Agreement
By indicating your agreement to these terms (or example, by clicking the button where you accept these Terms of Application), you, in your individual capacity, represent:
- You are authorized on behalf of yourself and the business listed in the application (collectively the “Applicant”) to make and submit this application, to submit any accompanying documents, and to provide the consents and authorizations set out below.
- You are submitting this application to Bevel and to third-party lenders, finance companies, and/or other third parties that are involved with or provide commercial loans or purchases of receivables (collectively “Recipients”)
- If this application is approved, you are authorized to sign business financing documentation on behalf of the Applicant.Please be advised that some business financing products may require a personal guaranty.
- All information provided to Bevel and/or its trusted partners is accurate and complete and you will immediately notify Bevel of any change in such information.
- Bevel and Recipients may rely on the accuracy of the information provided.
- Bevel may share all information and documents, excluding consumer credit reports, with its trusted partners to fulfill Applicant’s requests.
- Bevel and recipients may share information they have about you and Applicant at any time for administrative, marketing, and servicing purposes as permitted by law, and your personal information may be shared with the Applicant as part of the underwriting process.
- You and the Applicant waive and release any claims against any information provider relating to the release of information.
- You agree to and accept all terms of the Bevel Credit Gathering Authorization found here, which includes permission given to Bevel and Recipients to pull your credit report and other information about the Applicant.
BY USING Bevel’S WEBSITE AND/OR REQUESTING THAT BEVEL CONTACT YOU FOR MARKETING PURPOSES, YOU AGREE TO ARBITRATE ALL CLAIMS BETWEEN YOU AND Bevel (AND ANY ENTITY CALLING ON BEHALF OF BEVEL) ON AN INDIVIDUAL BASIS ONLY AND NOT AS A PART OF ANY CLASS. A “CLAIM” IS ANY CASE, CONTROVERSY, DISPUTE, TORT, DISAGREEMENT, LAWSUIT, LEGAL ACTION, OR CLAIM NOW OR HEREAFTER PENDING BETWEEN YOU AND BEVEL FINANCIAL INC, INCLUDING BUT NOT LIMITED TO ANY ALLEGED STATE OR FEDERAL STATUTORY VIOLATION, OR ANY DISPUTE OVER THE INTERPRETATION OF THE TERMS OF APPLICATION OR THE ARBITRABILITY OF ANY CLAIM PURSUANT TO THE TERMS OF APPLICATION. THIS AGREEMENT TO ARBITRATE GOVERNS ALL PAST, CURRENT AND PROSPECTIVE INTERACTIONS WITH Bevel. YOU AGREE THAT YOU ARE WAIVING ALL RIGHTS TO: (A) A TRIAL BY JURY; (B) PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION; AND (C) BRING AN ACTION AGAINST Bevel IN A COURT OF LAW. YOU MAY INDIVIDUALLY ARBITRATE ANY CLAIM AGAINST Bevel IN ANY JURISDICTION IN THE UNITED STATES. THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION THEN IN FORCE SHALL GOVERN THE ARBITRATION (provided, however, that the terms of the Bevel Terms of Application and Terms of Use shall control over any inconsistency between the Rules of the American Arbitration Association and the Terms of Application). The arbitrator shall have authority to interpret the Terms of Application, including but not limited to the authority to decide whether any claim is arbitrable under the Terms of Application and to decide issues related to the scope of arbitration, the rules of arbitration, the arbitrator’s jurisdiction, and the enforceability of the Terms of Application. You agree that the Terms Application involves commerce under 9 U.S.C. Sections 1 et seq. and that this Arbitration Clause is governed by federal law, including the Federal Arbitration Act. The remainder of the Terms of Application is governed by the laws of the state of Missouri, as provided in the Terms of Use.
YOU UNDERSTAND THAT THIS IS AN APPLICATION FOR A COMMERCIAL LOAN AND THAT ANY FUNDS OFFERED TO THE APPLICANT MAY NOT BE USED FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES.
Terms of Use
Introduction
This is a legal agreement between you and Bevel Financial, Inc., a Delaware corporation (“Bevel”), which may be contacted at 8 W 5th St, Fulton, MO 65251. By accessing this website, and any sub-sites of this website (together the “Site”), and/or using any of the Services (as defined below) accessible through the Site, you become a user and agree to, and are bound by, the terms and conditions of this agreement and the Bevel Privacy Policy (collectively, “Terms”) for as long as you continue to use the Site or Services. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, DO NOT USE THE SITE OR THE SERVICES. Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in the Terms or will be presented to you for your acceptance when you sign up to use such Services or purchase such products. Please check these Terms periodically for changes because we reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. Please see the beginning of the Terms to determine when the Terms were last revised.
As used in these Terms, the following words shall have the following meanings. “Bevel” includes “Bevel Financial, Inc.”, “Bevel”, “we”, “us” and variations such as “our”. “Service” includes the products, services, and software that you order, receive or access as part of your use of Bevel Financial Inc’s Sites.
THESE TERMS STATE THAT ANY DISPUTES BETWEEN YOU AND BEVEL FINANCIAL INC. MUST BE RESOLVED IN BINDING ARBITRATION, THAT YOU WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, AND THAT THE LAW OF THE STATE OF MISSOURI APPLIES TO ALL INTERACTIONS BETWEEN YOU AND BEVEL FINANCIAL INC. YOU MAY OPT-OUT OF ARBITRATION AND THE CLASS ACTION WAIVER BY FOLLOWING THE PROCEDURES IN SECTION 10.G BELOW
1. Description of Services
Bevel engages in several business services (the “Services”) for which a customer may use the Site. Bevel reserves the right to cancel a portion of any of our Services at any time.
a. Marketplace Services
First, Bevel matches commercial businesses with active banks, credit unions, and other lending sources (the “Marketplace Services”). Through proprietary matching technology, Bevel helps business owners to identify the business loan category and specific lender(s) that offer the best opportunity for that business owner to prepare for and acquire a business loan. Once prepared, business owners are then introduced to the most appropriate lending source via our proprietary technology.
b. Other miscellaneous services
Bevel may add additional products and services over time, and these Terms of Use shall apply to those additional services.
2. Use of Site and Service:
As a user of the Site or a user registered to use any of the Services (a “Registered User”), you agree to the following:
- Exclusive Use. Your account is to be used only by you and only for your business needs. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Bevel is not responsible for third-party access to your account that results from theft or misappropriation of your user name and passwords.
- Information Submitted. You are solely responsible for, and assume all liability regarding (i) the information and content you provide through your use of the Site and any Services, (ii) the information and content you make available in any manner through the service, and (iii) your interaction with any and all third-parties. Any attempt to enter information to create a duplicate account will be rejected and your account will be put on hold.
- Risk Assumption and Precautions. You assume all risk when using the Services, including but not limited to all of the risks associated with any interactions with third-parties, including but not limited to any lenders to which you are matched, referred or provided.
- No Guarantees. Bevel may not be able to provide matches for every individual or business seeking to use the Services. Bevel makes no guarantees as to the number of matches or the suitability of the business funding for any individual or business which utilizes the Services.
- No False Information. You agree to provide accurate, true, current, and complete information. In the event that Bevel determines that the information that is provided is incomplete, fraudulent, false, or otherwise inaccurate, Bevel reserves the right to terminate your access to the Services.
- Legal Purpose. You agree to not use the Site or Services for any illegal purpose. You will only use the Site or Service in accordance with federal, state, and local laws.
- Business Purpose. You agree to only use the Site or Services for a bona fide business purpose. You agree not to use the Site or Services for personal, family or household purposes. You may not use the Site or Services to obtain information about or make decisions about anyone but yourself and/or your business.
3. Intellectual Property Rights:
- Ownership of Proprietary Information. You hereby acknowledge and agree that Bevel is the owner of all rights in and to the Site and Services. Federal, state, and local laws and regulations protect these proprietary rights. You are permitted to use the Site and Services only as expressly authorized by these Terms. You may not copy, reproduce, distribute or create derivative works, reverse engineer or reverse compile any of the Site or Services or technology.
- No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) confidential information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Site or Services, without first obtaining the prior written consent of the owner of such proprietary rights.
- License to Provided Content. By providing information or content to any account or public area of the Site or Service, you automatically grant, and you represent and warrant that you have the right to grant, to Bevel and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test or implement new features or services on the Site in which you may voluntarily choose to participate, in accordance with the additional terms and conditions of such features or programs. By your voluntary participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or services.
4. Links to Third-Party Websites and Dealings with Advertisers and Sponsors:
5. Disclaimer of Warranty:
No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. Bevel PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Bevel DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. Bevel DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES. Third party content. Third-Party Content. Opinions, advice, statements, offers, or other information or content made available through the Site or Services, but not directly by Bevel, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Bevel DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN Bevel. UNDER NO CIRCUMSTANCES WILL Bevel BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
Beta Features. From time to time, Bevel may offer new “beta” features or tools with which its users may experiment on the Site or Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Bevel’s sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.
6. Limitation of Liability:
Incidental Damages and Aggregate Liability. IN NO EVENT WILL Bevel BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF Bevel KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL Bevel’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS TERMS OR THE USE OF THE SERVICES OR SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT OR SUBSCRIPTION, OR, IF YOU HAVE NOT PAID Bevel FOR THE USE OF ANY SERVICES, THE AMOUNT OF USD $25.00 OR ITS EQUIVALENT. No Liability for non-Bevel Actions. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL Bevel BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES.
Information Verification. Bevel and its contractors may use various methods of verifying information that users have provided. However, none of those ways are perfect, and you agree that Bevel and its contractors will have no liability to you arising from any incorrectly verified information
7. Indemnification:
8. Dispute Resolution by Binding Arbitration:
In the interest of resolving disputes between you and Bevel in the most expedient and cost effective manner, you and Bevel agree that either party, at any time, may opt to adjudicate their disputes through binding arbitration instead of in courts of general jurisdiction (“Agreement to Arbitrate”). Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, condenses discovery, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s claim(s). Any relief awarded cannot affect other users.
You further agree and understand that any and all disputes, whether heard before a court of competent jurisdiction, or an arbitrator, shall be done solely on an individual basis and that you affirmatively waive your right to participate in a class action to resolve any dispute (as defined below) that you may have with Bevel.
You understand that by entering into this agreement, you and Bevel are each waiving the right to a trial by jury or to participate in a class action:
- Claims To Be Resolved By Binding Arbitration. You and Bevel agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before this or any prior Terms; claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of these Terms.
- Notwithstanding Section 10(a), you and Bevel agree that no statement herein shall be deemed to waive, preclude, or otherwise limit either party’s right to (i) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available; (ii) seek injunctive relief in any competent court of law; or (iii) to file suit in a court of law to address intellectual property infringement claims.
- Any arbitration between you and Bevel will be governed by the Commercial Dispute Resolution Procedures (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879.
- Notice and Process. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Bevel should be addressed to: Bevel Financial Inc., 8 W 5th St, Fulton, MO 65251 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute, and (b) set forth the specific relief sought (“Demand”). If you and Bevel do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Bevel may commence an arbitration proceeding.
- In the event that you commence arbitration in accordance with these Terms, Bevel will, at your request, reimburse you for your payment of the arbitration filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any request for payment of fees by Bevel should be submitted by mail to the AAA along with your Demand for Arbitration and Bevel will make arrangements to pay all necessary fees directly to the AAA. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), you agree to reimburse Bevel for all fees associated with the arbitration paid by Bevel on your behalf that you otherwise would be obligated to pay under the AAA’s rules.
If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance-based telephonic hearing, or by an in-person hearing as established by the AAA Rules.
Any in-person arbitration hearings will take place at a location to be agreed upon in Callaway County, MO. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
- No Class Actions. Unless both you and Bevel agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
YOU AND Bevel AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING:
- Opt-Out. If you are a new Bevel user, you can choose to reject the arbitration agreement contained in this Section 10 (“opt-out”) by mailing us a written opt-out notice (“Opt-Out Notice”). The Opt-Out Notice must be postmarked no later than thirty (30) days after the date you accept these Terms for the first time. You must mail the Opt-Out Notice to the Notice Address listed in Section 10(d), above.
The Opt-Out Notice must contain your name, address (including street address, city, state, and zip code), and the user name(s) and email address(es) associated with the Bevel account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Terms will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with Bevel.
- If Bevel makes any future change to this Agreement to Arbitrate (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the Notice Address provided above. You acknowledge and agree that, in the event you reject any future change, your account with Bevel shall be immediately terminated and you will arbitrate any dispute between us in accordance with the language of this provision.
- Severability and Enforceability. If an arbitrator or court decides that any part of this Section 10 is invalid or unenforceable, the other parts of this Section 10 shall still apply. If the entirety of this Section 10 is found to be unenforceable, then the parties agree that the exclusive jurisdiction and venue described in Section 15 shall govern any action arising out of or related to these Terms and that the remainder of the Terms will continue to apply.
9. Telephone communications and agreement to be contacted:
Call Recording and Monitoring. You acknowledge that telephone calls to or from Bevel, together with its agents and affiliates, may be monitored and recorded and you agree to such monitoring and recording.
Providing Telephone Numbers and Other Contact Information. You verify that any contact information provided to Bevel, including, but not limited to, your name, mailing address, email address, residential or business telephone number, and/or mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or terminate your account at any time. Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify us before the change goes into effect by replying STOP to any text message you receive from us, by calling us at (888) 808-7686 notifying us in writing by sending such notification via email to privacy@bevelfinancial.com.
Your Consent to Receive Automated Calls/Texts. You acknowledge that by voluntarily providing your telephone number(s), you expressly agree to receive artificial voices, prerecorded voice messages, and/or autodialed calls and text messages (such as SMS, MMS, or successor protocols or technologies) from Bevel, and third-parties acting on its behalf, related to promotions, your account, any application or transaction, and/or your relationship with Bevel. You acknowledge that automated calls or text messages may be made to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list. You agree that Bevel may obtain, and you expressly agree to be contacted at, any email addresses, mailing addresses, or phone numbers provided by you or your representative at any time or obtained through other lawful means, such as skip tracing, caller ID capture, or other means. You agree to receive automated calls and text messages from Bevel, even if you cancel your account or terminate your relationship with us, except if you opt-out (see below). You understand that you do not have to agree to receive automated promotional calls/texts as a condition of purchasing any goods or services or account creation. If you do not consent, you may call us at (888) 808-7686 or via email at privacy@bevelfinanical.com to further inquire about our products and services. To opt-out, please see the Opt-Out Instructions below.
Opt-Out Instructions. Your consent to receive automated calls and texts is completely voluntary. You may opt-out at any time. To opt-out of text messages, reply STOP to any text message you receive from us. You may also text HELP for help. You acknowledge and agree to accept a final text message confirming your opt-out. We may use different shortcodes for different messaging purposes, so texting STOP to one shortcode will not effectuate a stop request for all shortcodes to which you are subscribed. If you would like to stop messages from multiple shortcodes, reply STOP to each shortcode to which you would like to unsubscribe. Alternatively, you may privacy@bevelfinancial.com advising that you want to opt-out of text messages and specifying the phone number(s) for which that opt-out should apply To opt-out of automated voice calls (not text messages), you must (i) provide us with written notice revoking your consent to receiving automated calls; (ii) in that written notice, you must include your full name, mailing address, account number, and the specific phone number(s) for which you wish to stop automated calls; and (iii) send this written notice to privacy@bevelfinancial.com. It is your sole responsibility to notify us if you no longer want to receive automated calls or text messages. You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt-out immediately or by failing to follow these instructions. Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt-out of automated calls or text messages, we reserve the right to make non-automated calls to you. It is possible that third parties may have your contact information and you may continue to receive communications from these third parties despite an opt-out request. We are not responsible for unwanted contact from third parties. Please contact third parties directly to inform them of your communication preferences.
Fees and Charges. There is no fee to receive automated telephone calls or text messages from Bevel. However, you may incur a charge for these calls or text messages from your telephone carrier, which is your sole responsibility. Message and data rates may apply. Check your telephone plan and contact your carrier for details. You represent and warrant that you are authorized to incur such charges and acknowledge that Bevel is not responsible for such charges.
Unauthorized Use of Your Telephone Device. You must notify Bevel immediately of any breach of security or unauthorized use of your telephone device. Although Bevel will not be liable for losses caused by any unauthorized use of your telephone device, you may be liable for our losses due to such unauthorized use.
Your Indemnification to Us. You agree to indemnify Bevel for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or its state law equivalent, including claims relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify us of any changes in your contact information, including telephone number. You agree to indemnify, defend and hold us harmless from and against any and all such claims, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees). We shall have the exclusive right to choose counsel, at your expense, to defend any such claims.
Release of Claims. In consideration of the services provided by Bevel, you hereby release Bevel from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities or other harms resulting from or relating to telephone calls or text messages, including without limitation any claims, causes of action, or lawsuits based on any alleged violations of the law (including, without limitation, the Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule, Fair Debt Collection Practices Act, or any similar state and local acts or statutes, and any federal or state tort or consumer protection laws).
General. You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service providers, mobile service, and other services needed to receive calls and text messages. Text messaging may only be available with select carriers with compatible handsets. Your obligations under this Section will survive the termination of these Terms of Service.
Text message Terms and Conditions:
- By “Opting In” to or using a Bevel Text Message Service (“SMS Service”), you accept these Terms and Conditions and agree to resolve disputes with Bevel through binding arbitration (and with very limited exceptions, not in court), and you waive any right to participate in class actions, all as detailed in Section 10 entitled “Dispute Resolution by Binding Arbitration; Class Action Waivers” section Bevel’s Terms of Use.
By opting in to Bevel’s Text Message Service, you authorize and agree to allow Bevel to use an autodialer or non-autodialer technology to send a text message to the cell phone number associated with your Opt-In (i.e., the number listed on the Opt-In form or instructions, or, if none, the number form which you send the Opt-In, or, if none, the number on file for the account associated with your Opt-In). You authorize Bevel to include marketing content in any such messages. You do not have to Opt-In or agree to Opt-In as a condition of purchase or service.
You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to Opt-In.
After Opting-In, in addition to the main messages the service offers, you may receive one or more welcome messages or administrative messages, such as (in some cases) a request to confirm your Opt-In.
- You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time, and we will start sending SMS messages to you again.
- If you are experiencing issues you can get help directly from customersuccess@bevelfinancial.com or (888) 808-7686.
- Carriers are not liable for delayed or undelivered messages
- As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive up to 15 messages/month. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
- If you have any questions regarding privacy, please read our privacy policy: BevelFinancial.com/Privacy-policy
10. General Provisions:
Controlling Law and Jurisdiction. You agree that Missouri law (without giving effect to its conflicts of law principles) will govern these Terms, the Site, and the Services and that any dispute arising out of or relating to these Terms, the Site, or the Services will be subject to the exclusive jurisdiction and venue of the federal and state courts in Callaway County, MO. You acknowledge and agree that any violation of these Terms may cause Bevel irreparable harm, and therefore agree that Bevel will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions, and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Bevel may have for a breach of these Terms. These Terms, which you accept upon registration for the Services, the Privacy Policy located on the Site, and any applicable payment, renewal, or additional services terms, comprise the entire agreement between you and Bevel regarding the use of this Service, superseding any prior agreements between you and Bevel related to your use of this Site or Services (including, but not limited to, any prior versions of this Terms). The FAQs found on the Services are for informational purposes only and are not deemed to be part of these Terms. Unless otherwise explicitly stated, the Terms will survive termination of your registration to the Service. The failure of Bevel to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is held invalid, the remainder of the Terms will continue in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.
11. User Information:
- Privacy Policy. For information about the collection and possible use of information and material provided by you, please visit Bevel’s Privacy Policy located on the Site. By using the Site or the Services, you are consenting to the terms of Bevel’s Privacy Policy.
- Disclosure by Law. You acknowledge and agree that Bevel may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (i) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); or (ii) protect or defend Bevel’s, or a third-party’s, rights or property.
- Information Security. We work hard to protect Bevel and our users from unauthorized access to or unauthorized alteration, disclosure, or destruction of information we hold. In particular:
- We encrypt many of our services using industry-standard methods.
- We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems.
- We restrict access to personal information to Bevel employees, contractors, and agents who need to know that information in order to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.
- Use of Anonymous Information for Research. By using the Site and/or Services, you agree to allow Bevel to anonymously use the information from you and your experiences through the Services to continue Bevel’s research into successful business practices and to improve the Services.
- License Regarding Your Content. You retain all ownership interest in and to the content, you provide to the Site or as part of your use of the Services. However, by submitting your content, including your personal and business information, you hereby grant to Bevel a perpetual, non-exclusive, irrevocable, royalty-free license to reproduce, adapt, edit, modify, translate, publish, transfer, and/or distribute any of your content. This license specifically includes the right for Bevel to make such content available to other trusted companies, organizations, and/or individuals with whom Bevel has a business relationship in order to carry out the performance of the Services. As part of its performance of the Services, Bevel may (i) transmit or distribute your information over various public networks and in various forms; and (ii) make necessary changes to your content in order to perform its obligations.
12. Restrictions
You may not, and will make all reasonable efforts to make sure any third parties do not: Use the Services as a money services business, money transmitter, payment intermediary, aggregator, or service bureau or resell the Services in any manner. Use the Services on behalf of a third party in any manner. Abuse the Services in any manner. Use the Service in violation of any other agreement you may have, including without limitation, the agreement you have with WePay, Paypal, Square, Stripe, Plaid, or any of your financial accounts. Create a similar product or service through the use of or access to the Service. Use the Service in violation of any law, regulation, or rule. Use the Service to perpetuate or commit fraud of any kind. Use the Services in any way that is not authorized by Bevel. Use the Service for personal bank accounts.
13. Content:
All text, graphics, user interfaces, visual interfaces, photographs, trademarks (whether registered or not), logos, sounds, the artwork of any kind, and computer code (collectively, “Content”), including but not limited to the design, structure, coordination, selection, appearance, and arrangement of the Content, contained on the Site is owned by Bevel and is protected by trade dress, copyright, trademark, and other property laws and unfair competition laws. Any misuse of the Content will be at your peril and Bevel will do all that is lawful to enforce and protect the Content.
14. Confidentiality:
We will take every reasonable precaution to protect your account and account information, however, we cannot guarantee the security of any information you disclose. This includes your sharing of account information with any third party, including employees, contractors, vendors, suppliers, etc. of your business. You agree and acknowledge that the security of your data is your responsibility.
Your use of the Services is further governed by our Privacy Policy.
15. Notification of Terms of Use Changes:
We may update these Terms of Use to reflect changes to our business operations and the methods by which we work with you, including changing vendors, and other policies relevant to our Services. If we make any material changes we will notify you by email (sent to the email address specified in your account) or by means of a notice on this Site. We encourage you to periodically review this page for the latest information on our Terms of Use. When we make changes to these Terms of Use we will revise the revision date at the top of the Terms of Use.
16. Term and Termination:
This agreement will become effective upon your acceptance of the Terms by your use of the Site or Services and will remain in effect in perpetuity unless terminated hereunder. Bevel may terminate your account at any time, for any reason or no reason, without explanation, effective upon written notice to the other party. Bevel reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to refuse to remove your account information or data from our Services and any other records at any time to comply with legal and regulatory requirements. In the event your access to any of the Services is suspended due to the breach of these Terms, you agree that all fees then paid to Bevel by you will be nonrefundable and all outstanding or pending payments will immediately be due. You may terminate your account by following the steps in the applicable section under “Cancellations.” Sections 10 and 11 shall survive any termination of this Agreement.
Credit Gathering Authorization
By indicating your agreement to these terms (for example, by clicking the button where you accept this credit gathering authorization) you represent that you are authorized on behalf of yourself and the business listed in your application (collectively, the “Applicant”) to make and submit representations regarding the Applicant to Bevel Financial Inc., its representatives, subsidiaries, and affiliates (collectively, “Bevel” or “we”) and to third-party lenders, finance companies, or other third parties that are involved with or provide commercial loans, or purchases of receivables (collectively “Recipients”). You authorize Bevel and Recipients to conduct, obtain, receive, and process a review of me and/or my business that Bevel or any Recipient considers appropriate to process my application for business-purpose financial products.
As part of this review, I authorize Bevel and each Recipient to obtain consumer/personal and/or business and investigative financial and credit reports from one or more consumer reporting agencies (including, but not limited to, TransUnion, Experian, Equifax, and Dun and Bradstreet) and from other credit bureaus, banks, creditors and other third parties. I further authorize and understand that Bevel and Recipient, respectively and individually, may obtain statements from creditors, financial institutions, and other third parties, as well as other information about me and my business, including credit card processor statements and bank statements.
I authorize Bevel and Recipient to obtain my credit report, during the review of any application submitted via www.BevelFinancial.com or a through a client of Bevel Financial, including any subdomains, any co-branded websites, or any other website where this Credit Gathering Authorization may be agreed to, during the closing of any financial product, or at various times during the term of my financial product(s) in connection with its servicing or enforcement. This authorization shall constitute my written instructions under the Fair Credit Reporting Act. I further authorize Bevel and each Recipient to contact third parties to verify any information provided in my credit report or otherwise submitted to Bevel or its Participating Institutions in connection with my application for financial products.I confirm that the information I have provided to Bevel as part of my application, as well as any subsequent information that might be submitted as part of my application, is true and correct and may be relied upon by Bevel and the Recipient in their consideration of my application. Any misrepresentation that I make in conjunction with the information I submit may be viewed as fraud, and as such may be punishable by law.
Equal Credit Opportunity Act (ECOA) Disclosure
Bevel provides business financing opportunities without regard to race, color, religion, national origin, sex, marital status, age, or income derived from public assistance. As per the Equal Credit Opportunity Act, Bevel requires your written authorization to pull business and personal credit reports to evaluate loan applications. This allows us to assess creditworthiness without consideration of characteristics protected by ECOA provisions.
By signing and submitting your application on our website or otherwise, you allow Bevel Financial, Inc. and its funding partners to obtain credit reports, ratings, and related information personally and for your business to facilitate your loan request. Approval decisions will be based on applicant qualifications, not demographics. If your application is denied, you can request the specific reasons within 60 days. We encourage applicants to review their information and reapply if any facts are inaccurate or changed.
Please contact Bevel with any questions or concerns about our lending practices or credit reporting. Signing (or eSigning) and submitting your application acknowledges you have read and agree to this ECOA disclosure for purposes of business loan underwriting.
Information Sharing Agreement
I acknowledge and agree that the information that I provide to Bevel will be shared with potential lenders and that these potential lenders may contact me using the contact information I have provided including by email, calls and/or texts regarding my request for these Services.
I further acknowledge and agree that potential lenders may and are authorized to share with Bevel personal and business information about me and any business entity for whom I am submitting this request, including the terms of any offers made by such potential lender to me or to the business entity for whom I am submitting this request, including credit amount, interest rate and term of any credit facility that such lender may approve, ongoing loan performance data, such as a loan repayment status, if the application results in a loan, and adverse action reasons, if the application does not result in a loan.
