PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE SITE OR SUBMITTING AN APPLICATION, YOU AGREE TO BE BOUND BY THESE TERMS.
SECTION 22 CONTAINS A BINDING ARBITRATION AGREEMENT, A CLASS ACTION WAIVER AND A JURY TRIAL WAIVER. UNLESS YOU OPT OUT AS DESCRIBED IN SECTION 22.9, DISPUTES BETWEEN YOU AND JADE WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, AND YOU AND JADE ARE EACH GIVING UP THE RIGHT TO SUE IN COURT AND TO HAVE A JUDGE OR JURY DECIDE THOSE DISPUTES.
1. Acceptance of These Terms
1.1These Terms of Use (these "Terms") are a legally binding agreement between you and Jade Funding Group, Inc. ("Jade," "we," "us" or "our"). They govern your access to and use of jadefundinggroup.com and any related pages, forms and chat features (together, the "Site"), and the services we provide to help Businesses obtain commercial financing, whether through the Site, by telephone, by text message, by email or otherwise (together, the "Services").
1.2By accessing or using the Site or the Services, submitting an Application or communicating with us, you agree to these Terms and to our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, you may not use the Site or the Services.
1.3If you use the Site or the Services on behalf of a business, "you" includes that business, and you represent and warrant that you have the authority to bind it to these Terms.
2. Definitions
In these Terms, the following words have the meanings below. Other capitalized terms are defined where they first appear.
2.1"Application" means any request for commercial financing, together with all information and documents submitted in connection with it, whether through the Site, by telephone, by text message, by email or otherwise.
2.2"Business" means the corporation, limited liability company, partnership, sole proprietorship or other business for which financing is sought.
2.3"Funding Provider" means an independent third party, such as a merchant cash advance provider, lender, factoring company or other commercial financing source, that may review an Application and offer financing to a Business.
2.4"Funding Agreement" means any agreement between a Business (and, where applicable, its owners or guarantors) and a Funding Provider.
2.5"Communications" means telephone calls, text messages, emails, chat messages, notices, disclosures and other communications, in any form.
4. Our Services
4.1Jade helps Businesses identify and obtain commercial financing offered by Funding Providers, including merchant cash advances, working capital, bridge financing and other commercial financing products.
4.2Jade is not a lender, funder or creditor. Jade does not make credit or funding decisions, extend credit, purchase receivables or provide funds. Each Funding Provider independently decides whether to make an offer, sets the terms of any offer and is solely responsible for its products, its Funding Agreements and its own conduct.
4.3A merchant cash advance is the purchase by a Funding Provider of a portion of a Business's future receivables. It is not a loan. The terms of any financing are governed solely by the applicable Funding Agreement, and nothing in these Terms amends, supplements or replaces any Funding Agreement.
4.4Jade does not act as your fiduciary or as your financial, legal, tax or accounting advisor. You are responsible for evaluating any offer and for deciding whether a financing product is appropriate for your Business.
5. No Commitment or Guarantee of Funding
5.1SUBMITTING AN APPLICATION DOES NOT MEAN THAT YOU WILL BE MATCHED WITH ANY FUNDING PROVIDER OR RECEIVE ANY OFFER. JADE DOES NOT GUARANTEE THAT ANY FUNDING PROVIDER WILL OFFER FINANCING IN THE AMOUNT REQUESTED OR AT ALL, OR ON ANY PARTICULAR TERMS OR TIMELINE.
5.2Statements on the Site about how quickly funds may be available, including that funds may arrive as soon as the same day, describe what may be possible when an Application is complete, a Funding Provider has completed its review and the Business has signed a Funding Agreement. They are not a promise that any particular Application will be funded, or funded within any particular time.
5.3Any offer is subject to the Funding Provider's own review, verification and documentation requirements, and may be changed or withdrawn by the Funding Provider at any time before a Funding Agreement is signed.
6. Fees and Compensation
6.1Jade does not charge you or the Business any fee. Applying, receiving offers and working with Jade are free to the Business.
6.2Jade is compensated by Funding Providers. When a Funding Provider provides financing to a Business that Jade referred, the Funding Provider may pay Jade a referral fee. The amount may vary by Funding Provider and by product, and it is not paid by the Business. Where required by applicable law, the compensation paid to Jade will be disclosed to you before you sign a Funding Agreement.
6.3All amounts, fees and charges associated with any financing are set by the Funding Provider and will be disclosed in the Funding Agreement and in any disclosure required by applicable law. You should read the Funding Agreement and any disclosure carefully before signing.
7. Business Purpose Only
7.1The Site and the Services are intended solely for commercial purposes. They may not be used to seek financing for personal, family or household purposes. By submitting an Application, you represent and warrant that any financing obtained will be used solely for the business purposes of the Business.
8. Your Application and Information
8.1You agree that all information you provide to Jade, including in any Application, is true, accurate, current and complete, and you agree to promptly notify us of any change. Providing false or misleading information may result in the rejection of an Application and may violate applicable law.
8.2You authorize Jade to verify the information you provide and to obtain information about the Business and its owners from third parties, including business information services, identity verification services and public records, for the purpose of processing your Application.
8.3Funding Providers may be required by federal law, including the USA PATRIOT Act, to obtain, verify and record information that identifies each person and business that applies for financing, and may ask for names, addresses, dates of birth, identification documents and other information for that purpose.
10. Credit Information
10.1Jade does not obtain your personal or business credit report when you submit an Application through the Site.
10.2A Funding Provider may ask you, or any owner or guarantor of the Business, to authorize it to obtain consumer or business credit reports or other background information as part of its own review. Any such authorization is between you and that Funding Provider and is governed by its terms and by applicable law, including the Fair Credit Reporting Act.
11. Consent to Electronic Communications and Signatures
11.1You consent to receive Communications from Jade electronically, including by email, text message and postings on the Site, and you agree that all agreements, notices, disclosures and other Communications we provide electronically satisfy any legal requirement that they be in writing, to the fullest extent permitted by applicable law, including the Electronic Signatures in Global and National Commerce Act.
11.2To receive Communications electronically, you need a device with internet access, a current web browser and a valid email address. You agree to keep your email address and telephone number current with us.
11.3You may withdraw your consent to electronic Communications by contacting us as provided in Section 29. If you withdraw your consent, we may be unable to continue providing the Services.
12. Telephone Calls and Text Messages
12.1Calls. By providing a telephone number and asking us to contact you, you expressly consent to receive calls from Jade at that number regarding your Application and the Services, including calls placed using automated technology. Your consent is not a condition of submitting an Application or of obtaining financing.
12.2Text messages. If you opt in to receive text messages, you expressly consent to receive text messages from Jade at the mobile number you provide, including messages sent using automated technology. Consent to receive text messages is not a condition of submitting an Application or of obtaining financing.
12.3Text message program terms.
- (a) Program. Jade Funding Group funding updates. Messages may include replies to your questions, updates about your Application, requests for documents and reminders.
- (b) Frequency. Message frequency varies based on your Application and your requests.
- (c) Cost. Message and data rates may apply.
- (d) Opting out. Reply STOP to any message to stop receiving text messages. You will receive one confirmation message, and no further text messages will be sent unless you opt in again.
- (e) Help. Reply HELP for help, email info@jadefundinggrp.com or call 347-484-7107.
- (f) Carriers. Wireless carriers are not liable for delayed or undelivered messages.
- (g) Privacy. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent will not be shared with any third parties. See our Privacy Policy.
12.4Revoking consent. You may revoke your consent to calls or text messages at any time by any reasonable means, including by replying STOP to a text message, telling your Jade representative or emailing info@jadefundinggrp.com.
12.5Recording. Calls with Jade may be monitored or recorded for quality assurance, training and compliance purposes.
12.6Changed numbers. You agree to notify us promptly if a telephone number you provided is changed, reassigned or no longer in your use.
13. Website Chat and Automated Responses
13.1The Site may offer a chat feature. Certain responses in the chat are generated automatically and are identified as "Automatic answer." Automatic answers are general information only and are not a commitment, an offer or advice. Other responses come from a Jade representative.
13.2Chat messages are recorded and retained, and may be reviewed by Jade personnel, as described in our Privacy Policy.
13.3Do not submit full account numbers, Social Security numbers, passwords or other sensitive information through the chat.
14. Funding Providers and Third-Party Websites
14.1Your dealings with any Funding Provider, including the application, underwriting, signing, funding and performance of any Funding Agreement, are solely between you and that Funding Provider. Jade is not responsible for any Funding Provider's products, decisions, Funding Agreements, disclosures or conduct.
14.2The Site may contain links to websites or services operated by third parties. Those links are provided for convenience only. Jade does not control, endorse or assume any responsibility for any third-party website, service or content.
14.3To the fullest extent permitted by applicable law, you release Jade and its officers, directors, employees and agents from any claims and damages arising out of or relating to your dealings with any Funding Provider or other third party, except to the extent caused by Jade's own gross negligence or willful misconduct.
15. Intellectual Property and License
15.1The Site and all of its content, including text, graphics, photographs, logos, design and software, are owned by Jade or its licensors and are protected by copyright, trademark and other laws. Jade Funding Group and the Jade logo are trademarks of Jade.
15.2Subject to these Terms, Jade grants you a limited, revocable, non-exclusive, non-transferable license to access and view the Site for the purpose of learning about and using the Services. No other right or license is granted. You may not copy, reproduce, modify, distribute, display or create derivative works from any part of the Site without our prior written permission.
16. Prohibited Uses
You agree not to:
- (a) provide false, inaccurate or misleading information, or impersonate any person or business;
- (b) submit information about any person or business without authorization;
- (c) use any robot, scraper or other automated means to access, copy or monitor the Site;
- (d) interfere with, disrupt or attempt to gain unauthorized access to the Site, its servers or any related systems, or introduce any virus or other harmful code;
- (e) use the Site or the Services for any unlawful, fraudulent or deceptive purpose; or
- (f) resell, frame or commercially exploit the Site or the Services without our written consent.
17. Feedback
17.1If you send us suggestions, ideas or other feedback about the Site or the Services, you agree that Jade may use it for any purpose without any obligation to you.
18. Privacy
18.1Our collection, use and disclosure of personal information are described in our Privacy Policy, which is part of these Terms.
19. Disclaimer of Warranties
19.1THE SITE AND THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, JADE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SITE WILL BE ACCURATE, UNINTERRUPTED, SECURE OR ERROR-FREE.
19.2THE CONTENT OF THE SITE, INCLUDING AUTOMATIC ANSWERS IN THE CHAT, IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND IS NOT LEGAL, TAX, ACCOUNTING, FINANCIAL OR INVESTMENT ADVICE. YOU SHOULD CONSULT YOUR OWN ADVISORS BEFORE ENTERING INTO ANY FUNDING AGREEMENT.
20. Limitation of Liability
20.1TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL JADE OR ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SITE, THE SERVICES, ANY FUNDING PROVIDER OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
20.2TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, JADE'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE, THE SERVICES OR THESE TERMS WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).
20.3Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, the limitations above apply to the fullest extent permitted by law.
21. Indemnification
21.1You agree to defend, indemnify and hold harmless Jade and its officers, directors, employees and agents from and against any claims, losses, liabilities, damages, costs and expenses, including reasonable attorneys' fees, arising out of or relating to (a) your use of the Site or the Services, (b) your violation of these Terms, (c) any inaccurate or misleading information you provide, or (d) your violation of any law or the rights of any third party.
22. Dispute Resolution and Binding Arbitration
22.1Informal resolution. Before starting an arbitration, you and Jade each agree to try to resolve any Dispute informally. The party with a Dispute must send the other a written notice describing it and the relief requested. Notices to Jade must be sent to the address or email in Section 29. If the Dispute is not resolved within 30 days after the notice is received, either party may begin arbitration.
22.2Agreement to arbitrate. Except as provided in Section 22.6, any dispute, claim or controversy between you and Jade arising out of or relating to the Site, the Services, any Communication or these Terms, including their formation, scope, validity or enforceability (a "Dispute"), will be resolved exclusively by final and binding arbitration on an individual basis.
22.3YOU UNDERSTAND THAT, WITHOUT THIS AGREEMENT, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND TO HAVE A JUDGE OR JURY DECIDE A DISPUTE. BY AGREEING TO ARBITRATION, YOU AND JADE ARE EACH WAIVING THOSE RIGHTS. AN ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE THE DISPUTE, AND REVIEW OF AN ARBITRATION AWARD BY A COURT IS LIMITED.
22.4Rules and location. The arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules then in effect, before a single arbitrator. The arbitration will take place in Ocean County, New Jersey, unless the parties agree to another location or to proceed by video conference, telephone or written submissions.
22.5Governing law for arbitration. This Section 22 is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.
22.6Exceptions. Either party may bring an individual claim in small claims court if it qualifies, and either party may seek injunctive relief in court to protect its intellectual property rights.
22.7CLASS ACTION WAIVER. YOU AND JADE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON OR BUSINESS.
22.8JURY TRIAL WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND JADE EACH WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THE SITE, THE SERVICES OR THESE TERMS.
22.9Right to opt out. You may opt out of this agreement to arbitrate by emailing info@jadefundinggrp.com within 30 days after you first accept these Terms, stating your name, the name of the Business, your telephone number and that you opt out of arbitration. Opting out does not affect any other part of these Terms.
22.10Mass filings. If 25 or more similar demands for arbitration are filed against Jade by or with the help of the same or coordinated counsel, the demands will be administered in batches of no more than 100, and the parties will cooperate in good faith to resolve them efficiently.
22.11Time limit. To the extent permitted by law, any Dispute must be brought within one year after it arises, or it is permanently barred.
22.12Severability. If the class action waiver in Section 22.7 is found unenforceable as to any claim, that claim will be decided in court and not in arbitration, and the remainder of this Section 22 will continue to apply. This Section 22 survives the termination of these Terms.
23. Governing Law and Venue
23.1These Terms are governed by the laws of the State of New Jersey, without regard to its conflict of laws principles, except that Section 22 is governed by the Federal Arbitration Act. Subject to Section 22, any action between you and Jade will be brought exclusively in the state courts located in Ocean County, New Jersey, or the United States District Court for the District of New Jersey, and you consent to the personal jurisdiction of those courts.
24. State-Specific Notices
24.1Commercial financing disclosures. Several states require a written disclosure of the terms of certain commercial financing before it is signed, including California, Connecticut, Florida, Georgia, Kansas, Louisiana, Missouri, New York, Texas, Utah and Virginia. Where required, the Funding Provider and, if the law requires it, Jade will provide that disclosure before you sign a Funding Agreement.
24.2Company information. Jade Funding Group, Inc., 18 Cox Cro Rd, Toms River, NJ 08755. Telephone: 347-484-7107.
25. Changes to These Terms
25.1We may update these Terms from time to time. The updated Terms will be posted on the Site with a new "Last Updated" date, and they apply from that date. Your continued use of the Site or the Services after an update constitutes acceptance of the updated Terms. Changes do not apply to any Dispute of which Jade had actual notice before the change.
26. Suspension and Termination
26.1We may suspend or terminate your access to the Site or the Services at any time, with or without notice, including if we believe you have violated these Terms. Sections 4, 5, 9, 10, 14, 15 and 19 through 28 survive any termination.
27. Events Beyond Our Control
27.1Jade is not liable for any delay or failure to perform caused by events beyond its reasonable control, including natural disasters, acts of government, labor disputes, power or internet outages, or the acts or omissions of Funding Providers or other third parties.
28. General Provisions
28.1Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Jade regarding the Site and the Services and supersede any prior understandings on that subject. They do not govern any Funding Agreement.
28.2Severability. If any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force and effect.
28.3No waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to enforce it later.
28.4Assignment. You may not assign these Terms without our prior written consent. Jade may assign these Terms, including in connection with a merger, acquisition or sale of assets.
28.5Relationship. Nothing in these Terms creates a partnership, joint venture, agency, fiduciary or employment relationship between you and Jade.
28.6No third-party beneficiaries. These Terms do not confer any rights on any third party, except that the persons released or indemnified under Sections 14.3 and 21.1 may enforce those Sections.
28.7Notices. We may give you notice by email, by text message or by posting on the Site. Notices to Jade must be sent to the address or email in Section 29.
28.8Headings. Section headings are for convenience only and do not affect the interpretation of these Terms.
29. Contact Information
Questions about these Terms, and notices to Jade, should be directed to:
Jade Funding Group, Inc.
18 Cox Cro Rd
Toms River, NJ 08755
Email: info@jadefundinggrp.com
Phone: 347-484-7107
See also our Privacy Policy.