THE FOLLOWING TERMS AND CONDITIONS ARE ENTERED INTO WITH SBA Disaster Pros LLC, AN New Mexico LIMITED LIABILITY COMPANY (“SBD” “WE” OR US”), AND YOU, AND GOVERNS YOUR USE OF OUR SBA DISASTER LOAN ONLINE APPLICATION PREPARATION AND SUBMISSION SERVICE (“SERVICES”) ON sbadisasterpros.com (“WEBSITE”). THE FOLLOWING TERMS AND CONDITIONS MAY SOMETIMES BE REFERRED TO AS “AGREEMENT” HEREINAFTER.
YOU MUST BE AT LEAST 18 YEARS OF AGE AND BE CONSIDERED TO BE A LEGAL ADULT IN THE JURISDICTION IN WHICH YOU RESIDE IN ORDER TO ACCESS AND USE THE SERVICES. BY ENTERING INTO THIS AGREEMENT, YOU REPRESENT TO US THAT YOU ARE AT LEAST 18 YEARS OF AGE.
THE RIGHTS GRANTED TO YOU PURSUANT TO THIS AGREEMENT AND OUR OBLIGATION TO PROVIDE THE SERVICES TO YOU ARE SUBJECT TO YOUR ACCEPTANCE OF ALL OF THE FOLLOWING TERMS AND CONDITIONS:
1.1 Sale Authorization & Payment Terms. By providing your credit card, debit card, PayPal, bank account information or any other billing information through our check-out process and submitting payment, You hereby authorize us to deduct the total purchase price stated on
our Website at the time of purchase of the Services. You agree that we shall be authorized to charge all such amounts immediately after You have provided your payment information and have otherwise authorized the payment.
1.5 REFUND POLICY. You shall be entitled to a refund of the entire purchase price paid for the Services, which shall be processed within seven (7) calendar days from the date of purchase, only in the event the application process is not able to be completed except for your failure to provide accurate or complete information to us.
2.1. General Use Restrictions. You are not authorized to (i) resell or sublicense, outsource, time-share or rent the Services or Materials; (ii) distribute, transmit, or publish any portions of the Services platform to the public or download (other than page caching) or modify any portion of the Services platform in any form, format, or method; (iii) modify, create derivative works from or reverse engineer, reverse assemble, disassemble or decompile the Services or any Materials or use unauthorized versions of the Services or any Materials for purposes including (without limitation) building a product or service similar to or competitive with the Services or to gain unauthorized access to the Services; or (iv) otherwise use the Services or any Materials as part of a product or service for any commercial use or purpose whatsoever or in any way exploit any of the Services, in whole or in part, except as otherwise expressly permitted in this Agreement and any other agreement applicable to Your use of the Services.
2.2. Application Data Standards. The following content standards ("Application Standards") apply to any and all Application Data and Your use of our Services generally.
Submitted Application Data shall not:
inaccurate or may mislead the United States Small Business Administration;
2.3. Registration & User Accounts. We require that each customer register and create an account in order to utilize the Service. Once You provide the requested information during the registration process, an account will be automatically created. You warrant and represent to us that any information You provide during registration is accurate and current. You will be required to maintain and update the user registration information as required to keep your information complete and accurate at all times. We may, in our discretion, terminate, suspend, or modify your registration with, or access to, all or part of the Website and the Services, without notice, at any time if you have provided untrue, inaccurate or incomplete registration information. You will be required to create a user ID and password to log-in to your profile. You can use this log-in information to access the Service at any time. It is your responsibility at all times to maintain the security and confidentiality of your account information, including your user ID and password information. We are not responsible and shall have no liability to You for any misuse or unauthorized access or use of your account. You agree that You shall be the only user of your account and will not allow others to use your account information to log-in and access this Website other than has may be expressly allowed under your license rights stated in this Agreement. You agree that we may act in reliance, without investigation, upon any of your log-In information.
Your ability to access and use the Service may require the payment of third-party fees and charges (including but not limited to fees and charges such as Internet service provider fees, or fees or taxes imposed on Internet services, including any sales or use taxes, by governmental agencies). You are responsible for paying all such fees, charges and taxes. We are not responsible for any equipment you may need to be able to access or use this Webite or the Service.
2.4. No Affiliation Notice. SDP is a document/application preparation assistance service only and is not connected with or endorsed by the U.S. government or the United States Small Business Administration. SDP is not a lender and does not make any underwriting decisions regarding any SBA loan you apply for using our application preparation and submission Service. Accordingly, SDP does not make any representations or warranties concerning SBA’s coverage of any business loans You apply to receive or that the SBA will approve any loan application submitted by SDP on your behalf.
3.1. No Application Data Investigation. We shall not have any responsibility to investigate or verify the accuracy of any Application Data you submit and We will make no effort to do so. We shall not be responsible or liable to You for any failure by the applicable governmental agency to accept or approve any application we submit for you pursuant to the Services, or for any damages whatsoever of any kind or nature, for any Application Data which You provide which may be inaccurate or false.
We reserve the right to investigate abuse and/or suspected abuse, on a case-by-case basis and to terminate or suspend Your ability to use the Services at our sole discretion. We reserve the right to lift any suspension at any time, at our sole discretion. Account suspension includes an automatic prohibition against registration of any additional accounts by You. Upon termination, Your access to use the Services and view any Application Data will be disabled.
PERFORMANCE OF SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES INCLUDING THIRD-PARTY GOVERNMENTAL AGENCIES. AT TIMES, ACTIONS OR INACTIONS CAUSED BY THESE THIRD PARTIES CAN PRODUCE SITUATIONS DURING WHICH ANY CONNECTION TO THE INTERNET AND/OR TO ANY OF OUR DATABASES (OR PORTIONS THEREOF) MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH WE WILL USE REASONABLE EFFORTS TO TAKE ACTIONS WE DEEM APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, WE DO NOT GUARANTEE THAT SUCH DISRUPTIONS OR IMPAIRMENTS WILL NOT OCCUR. ACCORDINGLY, WE SHALL NOT HAVE ANY LIABILITY TO YOU RESULTING FROM THE FAILURE TO TRANSMIT AND/OR STORE ANY DATA FOR ANY REASON.
FURTHER, YOU AGREE THAT WE SHALL HAVE NO LIABILITY TO YOU WHATSOEVER IN ANY MANNER FOR ANY CONDUCT/ACTIONS OF ANY THIRD PARTY WHO MAY USE ANY OF OUR PRODUCTS AND OTHERWISE PARTICIPATES IN THE SERVICES AS A REGISTERED PLAYER. OUR LIABILITY TO YOU FOR ANY DIRECT DAMAGES IN ALL OTHER CASES SHALL IN ALL CASES BE LIMITED TO THE TOTAL PURCHASE PRICE OF THE PRODUCT(S) IN QUESTION PAID BY YOU. ACCORDINGLY, YOU AGREE TO WAIVE YOUR RIGHTS UNDER ANY LAWS THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS INCLUDING, CALIFORNIA CIVIL CODE §1542 IF YOU ARE A CALIFORNIA RESIDENT, OR ANY OTHER APPLICABLE STATE LAWS.
YOU AGREE THAT THE TOTAL AMOUNT OF ANY OTHER DAMAGES INCURRED BY YOU FROM YOUR USE OF THE SERVICES SHALL BE LIMITED TO THE SUM OF $997.00 WHICH SUM IS MEANT TO COMPENSATE YOU FOR ALL DAMAGES STEMMING FROM YOUR USE NO MATTER WHEN SUCH USE OCCURS.
required warranties under law and the extent of our liability shall be as limited as allowed under any applicable laws.
WE HAVE NO CONTROL OVER, AND SHALL HAVE NO LIABILITY TO YOU WHATSOEVER FOR, WHETHER AND IN WHAT MANNER ANY THIRD-PARTY USES ANY OF YOUR PII (OR NON-PII DATA) COLLECTED BY ANY OF THEM THROUGH YOUR USE OF THE SERVICES, EITHER BY ITSELF OR IN THE AGGREGATE, IN ANY MANNER THAT IDENTIFIES YOU.
We reserve the right, at any time, to amend the provisions of this Agreement. If You do not accept any amendments, this Agreement shall terminate. Notice of any such modification(s) will be posted at the top of our Website page displaying this Agreement along with the effective date of such modification(s) and/or You will be notified about any modification(s) by email. You agree to regularly check this Agreement as posted on this Website to view the then-current terms of this Agreement. If You do not accept any modifications, You must terminate Your account and this Agreement will then terminate. If we post amended terms to this Agreement on our Website, such terms will automatically become effective, shall be incorporated into this Agreement immediately upon being posted, and if inconsistent with any other terms and conditions of this Agreement, shall supersede any such conflicting terms or conditions. By accessing and using our Website and the Services after such revised Agreement terms are posted, You agree to be bound by any such revised terms. Your access and use of the Website and the Services will
Or equipment needed to host the Services or otherwise fulfill our obligations to You under this Agreement.