Pooled Financing Terms of Use
Last Updated: November 2021
This is a legal agreement between you (“you,” “Customer,” or “user”) and Pooled Financing,
(“we,” “us,” “our,” “Company,” “Pooled Financing,” or “Pooled”). By accessing this website, and any
sub-sites of this website (together the “Site”) and/or using any of the Services (“Services”), you
agree to, and are bound by, the terms and conditions of this Terms of Use agreement and the Pooled
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, YOU MUST STOP USING THE SITE OR THE SERVICES IMMEDIATELY.
1. Pooled Financing Services
Pooled Financing offers Services to Customers, who include small business owners and individuals.
Pooled Financing’s primary Service is to offer loans to our small business owner Customers through
Pooled’s own sources of capital, or serves as a marketplace on behalf of banks, non-depository
lenders, and other lending sources. For these credit services and products Pooled originates, Pooled
aids small business owners in preparing required documents, processing the loan, and funding the
loan.
In addition, Pooled Financing provides Services through relationships with its third-party
partners (“Affiliate Partners) who may connect Customers with offers for products and services
relevant to Customers’ personal and/or business needs. For example, Pooled Financing operates as a
referral partner, on behalf of Affiliate Partners, to connect Customers with opt-in offers for
Affiliate Partner products and services, including but not limited to personal loans, credit cards
and insurance.
2. Use of Site and Services
You must be at least 18 years old to use our Services. If you are an
individual accepting these Terms on behalf of a company, then you are binding the company to these
Terms, and represent and warrant that you have full power and authority to do so. Pooled may modify
these Terms from time to time as further described in Section 14.
a. Account. You may register
to use the Site by following the instructions on the Site to create a Registered User Account (an
“Account”). 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 for individual purposes, or if applicable,
by an authorized representative on Company’s behalf. You may not otherwise 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 Pooled 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 Services, (ii) the
information and content you make available in any manner through the Services, and (iii) your
interaction with and the information you might provide to any and all third-parties, including
Affiliate Partners. - 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 Affiliate Partners and any
other third-parties, such as lenders to which you are matched, referred, or provided. - Lending/Credit Service. Pooled will use commercially best efforts to (1) identify the loan
category and specific lender(s) that offer loans at competitive terms that meet your credit
needs and qualifications; (2) match or introduce you to appropriate lending sources, including
banks, non-depository lenders, or other lending or credit sources via our proprietary
technology. - Other Services & Products: Pooled may offer Customer other services and products that meet
your needs directly or via third parties, Affiliate Partners. Pooled may provide Customer’s
information to Affiliate Partners with Customer’s prior opt-in consent for potential offers of
other services and products. Other services and products may include, but are not limited to,
personal loans, credit cards, insurance, and other services and products relevant to our
Customers. Please note: These services and products may be limited to Customers who reside in
approved jurisdictions. - No Guarantees. Pooled, and the third parties Pooled introduces Customers to, may not be able to
offer loans or other services and products. Pooled and its third parties make no guarantees as
to the number of loans, fees, terms, or any other guarantee pertaining to Customer’s ability to
access loans or funding. Pooled only prepares, negotiates, executes credit or other services or
product applications, or participates in making any credit decisions on loan or product offers
Pooled originates directly. - Quality of Information. You agree to provide accurate, true, current and complete information.
- 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.
3. Proprietary Rights
a. Ownership of Proprietary Information. You hereby acknowledge and agree
that Pooled is the owner of and has all rights to the Site and Services. 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.
b. Content. All text, graphics, user interfaces, visual interfaces,
photographs, trademarks (whether registered or not), logos, sounds, 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 Pooled 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 Pooled will do all that is
lawful to enforce and protect the Content.
c. 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.
d. License to Provided Content. By providing information or content to any
Account or via the Site or Services, you automatically grant, and you represent and warrant that you
have the right to grant, to Pooled 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. User Information
a. License Regarding User Information. You retain all ownership interest in
and to the User Information and other content you provide to the Site or as part of your use of the
Services. By submitting your content, including your personal and business information, you hereby
grant to Pooled 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 Pooled to make such content available to other trusted
companies, organizations, and/or individuals with whom Pooled has a business relationship in order
to carry out the performance of the Services.
b. Disclosure by Law. You acknowledge and agree that Pooled may disclose
information you provide if required or permitted 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 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 Pooled’s, or a third-party’s rights or
property.
c. Information Security. We work hard to protect Pooled and our Customers
from unauthorized access to or unauthorized alteration, disclosure, or destruction of information we
hold. In particular:
- We encrypt many of our services using SSL.
- 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 Pooled employees, contractors and agents who need
to know that information in order to process it, and who are subject to strict contractual
confidentiality obligations and may be disciplined or terminated if they fail to meet these
obligations.
d. Use of Aggregate/Anonymous Information for Research. By using the Site
and/or Services, you agree to allow Pooled to anonymously use the information you provide to us and
from your experiences through the Services to continue Pooled’s research into successful business
practices, as well as to improve the Services.
5. Third Party/Affiliate Partners
a. General. Pooled has relationships with third-parties, including its
Affiliate Partners, that may provide our Customers who opt-in with opportunities to access offers
for loans, lines of credit, insurance, and other products and services. These offers may be
presented to opt-in Customers via our Sites or separately. Any loan, credit product, or other
product or service will be provided by the Affiliate Partner, subject to a separate agreement or
terms between you and them. Such services and products may be available only to certain Customers
who reside in approved jurisdictions. If opt-in Customer no longer wishes to obtain such
communications, please contact us at the information provided below. WITHOUT LIMITING SECTION 6
(DISCLAIMER OF WARRANTY) OR SECTION 7 (LIMITATION OF LIABILITY) BELOW, POOLED FINANCING HAS NO
LIABILITY FOR THE AFFILIATE PARTNERS, THEIR ACTS OR OMISSIONS, OR ANY LOANS OR CREDIT PRODUCTS (OR
CREDIT DECISIONS) OF THE AFFILIATE PARTNERS.
b. Your Responsibilities. The Site and Services may contain links to websites
of third-parties, including without limitation, Affiliate Partners and advertisers, which are not
under the control of Pooled. Pooled is not responsible for the content of any linked site or any
link contained in a linked site, or any changes or updates to such websites. Pooled provides these
links to you as a convenience, and the inclusion of any link does not imply that Pooled endorses or
accepts any responsibility for the content on such third-party website. Your correspondence or
business dealings or participation in promotions, with advertisers or third-parties found on or
through the Site or Services are solely between you and such third-party. You agree that Pooled will
not be responsible or liable for any loss or damage of any sort incurred as the result of the
presence of such third parties on the Site or Services. You are subject to and required to agree to
the third parties’ separate terms and conditions, including their privacy policies. Please visit our
Privacy Policy to learn more about how we use your information.
6. Disclaimer of Warranty
a. No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW. POOLED 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. POOLED 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. POOLED DISCLAIMS
LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE
SERVICES.
b. Third-Party Content. Opinions, advice, statements, offers, or other
information or content made available through the Site or Services, but not directly by Pooled, are
those of their respective authors, and should not necessarily be relied upon. Such authors are
solely responsible for such content. POOLED 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 POOLED. UNDER NO CIRCUMSTANCES WILL POOLED 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.
c. Beta Features. From time to time, Pooled 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 Pooled’s sole discretion. The provisions of this Disclaimer of Warranty section
apply with full force to such features or tools.
7. Limitation of Liability
a. Incidental Damages and Aggregate Liability. IN NO EVENT WILL POOLED 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 POOLED KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL
POOLED’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 POOLED FOR THE USE OF ANY SERVICES, THE AMOUNT OF US$25.00 OR ITS EQUIVALENT.
b. No Liability for Actions of Other Parties. TO THE MAXIMUM EXTENT PERMITTED
BY LAW, IN NO EVENT WILL POOLED 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.
c. Information Verification. Pooled 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 Pooled’s duty is to use its best effort, and that accordingly neither Pooled nor
its contractors will have any liability to you arising from any incorrectly verified information.
8. Indemnification
You agree to indemnify, defend and hold harmless Pooled, its officers,
directors, employees, agents and third parties, for any losses, costs, liabilities and expenses
(including reasonable attorneys’ fees) relating to or arising out of (i) your use of or inability to
use the Site or Services, (ii) any user postings made by you, (iii) your violation of any terms of
these Terms or your violation of any rights of a third-party, or (iv) your violation of any
applicable laws, rules or regulations. Pooled reserves the right, at its own cost, to assume the
exclusive defense and control of any matter otherwise subject to indemnification by you, in which
event you will fully cooperate with Pooled in asserting any available defenses.
9. Communication and Privacy
We may use your email address to send you messages notifying you of important
changes to the Services or special offers, including updates and content via the Pooled Financing
newsletter. Further, we may contact you by telephone, send you ringless voicemails, or send Short
Message Services (“SMS “) if you voluntarily provide us with your telephone number, in order to
communicate with you regarding the Services. If you do not want to receive such email messages,
telephone calls, or SMS messages, please contact us at 800-852-0655 or email us at
[email protected] and refer to our Privacy Policy to review your options.
10. Term and Termination
This agreement will become effective upon your use of the Site and Services
and will remain in effect in perpetuity unless terminated hereunder. Either you or Pooled may
terminate your Account at any time, for any or no reason, without explanation, effective upon
written notice to the other party. Pooled reserves the right to immediately suspend or terminate
your access to the Services, without notice, for any reason or no reason. We also reserve the right
to remove your Account information or data from our Services and any other records at any time at
our sole discretion. 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 Pooled 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” below.
11. Cancellations
You may cancel your registration to any Service at any time during the term
of such registration or subscription or any renewal period by contacting us at 800-852-0655 or
sending us an email to [email protected] with the subject line: “Cancelation Request.”
12. Specific Terms Controlling Services and Products
Additional terms and agreements may apply to other services and products and
will be presented to you prior to your acceptance of such terms, and prior to your use of the
services and products.
13. General Provisions
a. Controlling Law and Jurisdiction. You agree that Delaware 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 Delaware. You
acknowledge and agree that any violation of these Terms may cause Pooled irreparable harm, and
therefore agree that Pooled 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 Pooled may have for a breach of these Terms.
b. Miscellaneous. These Terms, the Privacy Policy located on the Site, and
any applicable payment, renewal, additional services terms, comprise the entire agreement between
you and Pooled regarding the use of this Service, superseding any prior agreements between you and
Pooled related to your use of this Site or Services (including, but not limited to, any prior
versions of this Terms). The FAQ’s found on the Services are for informational purposes only and are
not deemed to be part of this Terms. Unless otherwise explicitly stated, the Terms will survive
termination of your registration to the Service. The failure of Pooled 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.
14. Changes to These Terms
We reserve the right, at our sole discretion, to make changes to these Terms
from time to time. If we do so, we will provide you with a notification to that effect as required
by applicable law. However, we are not required to provide you with notice of all changes;
therefore, you should review these Terms frequently. You may review updates to these Terms at any
time via links on www.pooledfinancing.com. Consistent with these Terms and applicable law, you agree
to accept revised versions of these Terms of Use on www.pooledfinancing.com and agree that such
postings constitute notice to you of the revised version of these Terms. Changes take effect
immediately upon posting as permitted by law. Please see the beginning of the Terms to determine
when the Terms were last revised.
15. Pooled Financing Contact Info
Phone: (650) 485-3370
Email: [email protected]
Address: 7162 Hawthorn Ave, #9, Los Angeles, CA 90046