Terms of Service

Last modified: December 10, 2019

 

1. Acceptance of the Terms of Service.

(A) These terms of service are entered into by and between you and Eaze Consulting Group, Inc. (“Company” or “we” or “us”). The following terms of service, together with the Privacy Policy and any other guidelines or rules that are expressly incorporated herein by reference (collectively, these “Terms of Service”), govern your access to and use of http://www.eazeconsulting.com/ and all related subdomains (“Website”) and any content, functionality, and services offered on or through the Website (together with all related subdomains and social media pages, the “Eaze Consulting Platform”), and your access and usage of Services (defined in Section 1(B) below), either as a guest (with limited rights), or a registered user.

(B) Services. We connect businesses with lenders for their customers to secure financing to pay for these businesses’ goods or services.

(C) Please read these Terms of Service carefully before you access the Eaze Consulting Platform. These Terms of Service contain provisions that limit our liability to you and require you to resolve any dispute with us through binding arbitration on an individual basis and not as part of any class or representative action. By entering, accessing, browsing, submitting information to, or otherwise using the Services on the Eaze Consulting Platform or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at EazeConsulting.com/privacy-policy, incorporated herein by reference. If you do not agree to be bound by all of these Terms of Service and our Privacy Policy, you must not access the Eaze Consulting Platform or use the Services.

(D) Subject to your acceptance and compliance with these Terms of Service and all applicable laws, the Company hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited license to access the Eaze Consulting Platform solely for your own lawful use.

2. General.

(A) You agree to provide accurate, current, and complete information when you submit an application to us. You further agree to promptly update any such information that you’ve submitted when it changes.

(B) You agree that all information you provide in your application is governed by our Privacy Policy as available at http://www.eazeconsulting.com/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

(C) You must be an individual of at least eighteen (18) years of age and reside in the United States or on a United States military base or in a United States Territory in order to use the Eaze Consulting Platform.

(D) The Eaze Consulting Platform is controlled or operated from the United States and is not intended to subject us to any non-U.S. jurisdiction or law. The Eaze Consulting Platform may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Eaze Consulting Platform is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Eaze Consulting Platform’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

(E) You are solely responsible for (i) making all arrangements necessary for you to have access to the Eaze Consulting Platform, and (ii) ensuring that all persons who access the Eaze Consulting Platform through your internet connection are aware of these Terms of Service and comply with them.

3. Term.

These Terms of Service will take effect immediately upon commencement of your access of the Eaze Consulting Platform or your use of the Services and will remain in force and effect for as long as you are allowed to continue to use the Services or access the Eaze Consulting Platform.

4. Changes to the Terms of Service.

We may revise and update these Terms of Service from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to the Eaze Consulting Platform and use of the Services. Your continued use of the Services following the posting of a revised Terms of Service means that you accept and agree to the changes. You are to check this page from time to time so that you are aware of any changes, as they are binding on you.

5. Service Transaction Terms.

(A) You can access the Website free of charge. However, in the future, a fee may be charged to use or access certain features on the Eaze Consulting Platform.

(B) We strive to provide current and accurate information on Eaze Consulting Platform about the Services or regarding the offers and transactions available to you. Nevertheless, errors and misprints occur, and accordingly, the Company reserve the right to reject, correct, cancel, or terminate any transaction for which the price or offer details were incorrectly displayed or for which any other erroneous or inaccurate information was provided. The Company reserves the right to do this at any time during the transaction process, including after an application has been submitted. Under no circumstances is the Company obligated to process or complete any transaction based on any error, misprint, or otherwise.

(C) We plan to use a third-party service provider SalesForce to process the information we received on the Eaze Consulting Platform. All information is stored on SalesForce’s secured servers. You represent and warrant that (i) the personal information you supply to us is true, correct and complete, (ii) the financial information you supply to us is true, correct and complete, (iii) you will notify us about any changes to the information you provided us by email promptly and (iv) you consent to the disclosure of your information to SalesForce for the purpose of providing you with the Services on the Ease Consulting Platform.

(D) Eaze Consulting may receive compensation as an affiliate of certain lenders or brokers featured on the Eaze Consulting Platform.

6. Communications with the Company.

When you use the Eaze Consulting Platform to fill out the application or otherwise, you are communicating with us electronically, and you consent to receiving communications from us electronically. The Company may provide you with use of email support services to enable you to communicate with the Company (“Communication Services”). You hereby acknowledge your consent to the following communications from the Company:

(A) telephone calls, text messages, telegram chat or emails from the Company regarding the Services, and

(B) updates about the Company’s new Services.

The Company has no obligation to monitor the Communication Services but reserves the right to review materials submitted to the Communication Services and to remove or censor any material at its sole discretion.

When you use the Eaze Consulting Platform on a mobile device, you acknowledge and agree that standard carrier charges may apply and that depending on your wireless service plan, your wireless carrier may impose data or other charges when you use the Eaze Consulting Platform, and that any and all such charges will solely be your responsibility.

7. Intellectual Property Rights.

(A) The Eaze Consulting Platform, the Services we provide you, and their entire contents, features and functionality (including but not limited to all information, software, text, displays, featured images, video and audio, and the design, selection and arrangement of the above), are owned by the Company, its suppliers, or its licensors, and are protected by United States and international copyright, trademark, patent, trade secret and other applicable intellectual property or proprietary rights laws.

(B) You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, download, store or transmit any of the material on Eaze Consulting Platform, except:

(i) your computer or mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials on either of your computer or mobile device, respectively,

(ii) you may store files that are automatically cached by your Web browser for display enhancement purposes, and

(C) You must not:

(i) modify copies of any materials from the Website,

(ii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website, and

If you wish to make any use of material on Eaze Consulting Platform other than those set out in this section, please email support@sbsfinancing.com.

(D) If you print, copy, modify, download or otherwise use or provide any other person, organization, company, or business with access to any part of Eaze Consulting Platform in breach of the Terms of Service , your right to use Eaze Consulting Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Company or any content on the Eaze Consulting Platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Eaze Consulting Platform not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, or other laws.

8. Trademarks.

The Company name, the term “Eaze Consulting” and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Eaze Consulting Platform are the trademarks of their respective owners, where applicable.

9. Prohibited Uses.

(A) You may use the Eaze Consulting Platform only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Eaze Consulting Platform:

(i) For any unlawful purpose or in any way that violates applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries),

(ii) to impersonate or attempt to impersonate the Company, an Company employee or agent, another user or any other person or entity (including, without limitation, by using e-mail addresses or usernames associated with any of the foregoing), or

(iii) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Eaze Consulting Platform, or which, as determined by us, may harm the Company or users of the Eaze Consulting Platform or expose them to liability.

(B) Additionally, you agree not to:

(i) use the Eaze Consulting Platform in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Eaze Consulting Platform,

(ii) use any robot, spider or other automatic device, process, or means to access the Eaze Consulting Platform for any purpose, including monitoring or copying any of the material presented thereon,

(iii) use any manual process to monitor or copy any of the material on the Eaze Consulting Platform, or for any other unauthorized purpose without the Company’s prior written consent,

(iv) use any device, software or routine that interferes with the proper working of and delivery of the Services,

(v) introduce any viruses, trojan horses, worms, logic bombs or other material, which is malicious or technologically harmful,

(vi) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Eaze Consulting Platform, the server on which the Eaze Consulting Platform is stored, or any server, computer or database connected to the Services,

(vii) use the Eaze Consulting Platform for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes, including, without limitation, for the purpose of developing any product or service to compete against Eaze Consulting Platform,

(viii) attack the Eaze Consulting Platform via a denial-of-service (DOS) attack or a distributed denial-of-service (DDOS) attack, or

(ix) otherwise attempt to interfere with the proper working of the Eaze Consulting Platform.

10. User Contributions.

(A) The Eaze Consulting Platform may contain application forms that allow users to fill out and submit (“User Contributions”) on or through the Eaze Consulting Platform.

(B) All User Contributions must comply with the Content Standards set out in the Section 12 of these Terms of Service.

(C) Any User Contribution you submit to the Eaze Consulting Platform will be considered non-confidential and non-proprietary. By providing any User Contribution on the Eaze Consulting Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purposes.

(D) You represent and warrant that:

(i) You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns;

(ii) All of your User Contributions do and will comply with these Terms of Service.

(E) You understand and acknowledge that you are responsible for any User Contributions you submit, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

(F) We are not responsible or liable to any third party for the content or accuracy of any User Contributions submitted by you or any other user of the Website.

11. Monitoring and Enforcement; Termination.

The Company has the right to:

(A) Take any action with respect to any User Contribution that we deem necessary or appropriate at our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.

(B) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

(C) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

(D) Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Service.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Eaze Consulting Platform. You waive and hold harmless the Company from any claims resulting from any action taken by the Company or taken as a consequence of investigations by either the Company or law enforcement authorities.

However, we do not undertake to review all User Contribution material before it is submitted and cannot ensure prompt correction of objectionable material after it has been submitted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

12. Content Standards.

These content standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

(A) Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service.

(B) Be likely to deceive any person.

(C) Promote any illegal activity, or advocate, promote, or assist any unlawful act.

(D) Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

(E) Impersonate any person or misrepresent your identity or affiliation with any person or organization.

(F) Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

(G) Give the impression that the User Contributions emanate from or are endorsed by the Company or any other person or entity, if this is not the case.

13. Reliance on Information Posted.

(A) The information presented on or through the Eaze Consulting Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Eaze Consulting Platform or by anyone who may be informed of any of its contents.

(B) The Eaze Consulting Platform may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinion and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third-party for the content or accuracy of any materials provided by any third parties.

14. Changes to the Eaze Consulting Platform

(A) We may update the content on the Eaze Consulting Platform, including with regard to the Services (and support services) from time to time, but its content is not necessarily complete or up to date. Any of the material on the Eaze Consulting Platform may be out of date at any given time, and we are under no obligation to update such material.

15. Linking to the Eaze Consulting Platform.

(A) You may link to the Eaze Consulting Platform, provided you do so in a way that is fair and legal and does not damage the Company’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on the Company’s part.

(B) You may use the above features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

establish a link from any website that is not owned by you,

cause the Eaze Consulting Platform or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or on-line linking, on any other site, nor

otherwise take any action with respect to the materials on the Eaze Consulting Platform that is inconsistent with any other provision of these Terms of Service.

(C) You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

(D) We may disable all or any social media features and any links at any time without notice at our sole discretion.

16. Links from the Eaze Consulting Platform.

If the Eaze Consulting Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This may include links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites or apps linked to the Eaze Consulting Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites or apps, where applicable.

17. Third-Party Materials.

The Eaze Consulting Platform might display, include or make available third-party content (including data, information, articles, applications, or other products, services or materials) or contain links to third-party websites, services, and advertisements for third-parties (collectively, the “Third-Party Materials”). You agree that the Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. The Company does not assume and will not have any liability or responsibility to you or any other person or user for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience.

18. Disclaimer of Warranties.

(A) You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Eaze Consulting Platform, will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

(B) We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, mobile device, computer programs, data or other proprietary material due to your use of the Eaze Consulting Platform or any Services or items obtained through the Eaze Consulting Platform or to your downloading of any material posted on it, or on any website or app linked to it.

(C) Your access of the Eaze Consulting Platform, its content and any Services we provide is at your own risk. The Eaze Consulting Platform, its content and any Services it provides are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. You understand and agree that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Company’s Services. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the Eaze Consulting Platform, its content or any services will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the Eaze Consulting Platform or the server that makes it available are free of viruses or other harmful components; and that the Company’s Services or items you obtain through the Eaze Consulting Platform will otherwise meet your needs or expectations.

(D) The Company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.

(E) The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

19. Limitation on Liability.

(A) IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE EAZE CONSULTING PLATFORM, ANY WEBSITES OR APPS LINKED TO IT, ANY CONTENT ON IT OR SUCH OTHER WEBSITES OR APPS OR ANY SERVICES OR ITEMS OBTAINED THROUGH IT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

(B) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE COMPANY’S SERVICES EXCEED THE LESSER OF (I) THE AMOUNT PAID, IF ANY BY YOU TO US FOR ANY SERVICES OR (II) $100.00.

(C) THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

20. Indemnification.

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Eaze Consulting Platform, or your use of any information obtained from the Eaze Consulting Platform.

21. Governing Law and Jurisdiction.

(A) All matters relating to the Company, Services, Privacy Policy and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

(B) IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

22. Dispute Resolution.

We encourage you to contact the Company’s Customer Service department (Eaze Consulting@gmail.com) if you have concerns or complaints about the Eaze Consulting Platform.  Generally, customer complaints can be satisfactorily resolved in this way. If we cannot resolve your concerns informally through negotiation, disputes between you and the Company shall be resolved pursuant to this Section 22. All disputes arising out of or relating to any aspect of your relationship with the Company, must be resolved in good faith first by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures in Los Angeles, California before resorting to any other dispute resolution procedure. If mediation could not resolve the dispute, it must be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

23. Waiver; Severability.

(A) No waiver by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of service  shall not constitute a waiver of such right or provision.

(B) If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

24. Entire Agreement.

These Terms of Service constitute the sole and entire agreement between you and the Company with respect to the Eaze Consulting Platform, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Eaze Consulting Platform.

25. Force Majeure.

Any failure or delay by the Company in the performance of its obligations pursuant to these Terms of Service will not be deemed a default or breach of these Terms of Service or a ground for termination to the extent such failure or delay is due to computer or Internet or telecommunications breakdowns, denial of service attacks, fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, riots, civil unrest, rebellions or revolutions in the U.S. or any nation where the obligations under these Terms of Service are to be executed, strikes, supplier and third party failure, lockouts, or labor difficulties, or any similar cause beyond the reasonable control of the Company.

26. Your Comments and Concerns.

You may contact us and direct all other feedbacks, comments, requests for technical support, request for refund and other communications relating to the Eaze Consulting Platform to EazeConsulting@gmail.com.