Optimize Growth, Inc. dba EquipmentLease.com, a California corporation (“EquipmentLease”), leases equipment to businesses and/or business owners on a direct basis or arranges for the leasing of equipment to businesses and/or business owners through other funding sources. In the latter scenario, we locate financing companies and other funding sources that will lease equipment directly to businesses and/or business owners like you based on your credit and other related factors.
1. YOUR ACCEPTANCE OF AGREEMENT.
When you access our Site and use our Service, you agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use our Site or our Service. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR THE SERVICE. You may not use our Site or our Service, or accept this Agreement; if (a) you are not of legal age to form a binding contract with EquipmentLease; (b) you are prohibited by law from receiving or using our Service; or (c) you are not a U.S. resident.
II. AGREEMENT AMENDMENTS.
We reserve the right to amend this Agreement at any time with notice that is reasonable as determined by EquipmentLease in its sole discretion. We will post notice of any amendment on our Site. We may also notify you as outlined in the Electronic Communications section of this Agreement. You are strongly advised to check the Agreement on a regular basis. When you continue to use our Site or our Service after such notice is provided, you are deemed to accept and agree to such amendments. If you do not agree to any amendment to the Agreement, you should immediately stop using our Site and our Service. If you have any questions about the terms and conditions in this Agreement, please contact us at [email protected]
III. CERTAIN DEFINITIONS.
3.1 Defined Terms. Unless the context requires otherwise, capitalized terms in this Agreement shall have the following meanings:
(a) “Account Information” means information about accounts you maintain at third party sites, including, as applicable, your accounts at any financial institution, as provided by you to EquipmentLease.
(b) “Affiliate” means, with respect to a Party, any person, firm, corporation, partnership (including, without limitation, general partnerships, limited partnerships, and limited liability partnerships), limited liability company, or other entity that now or in the future, directly controls, is controlled with or by or is under common control with such Party.
(c) “Applicable Law” means all federal and state laws, including regulations, applicable to the activities and obligations contemplated under this Agreement, including without limitation the federal Truth-in-Lending Act, Equal Credit Opportunity Act, Fair Credit Reporting Act, Fair Debt Collection Practices Act, the Gramm-Leach-Bliley Act, Dodd Frank Act, CAN-SPAM Act and all applicable state licensing, consumer credit and privacy laws, as the same may be amended and in effect from time to time during the Term.
(d)“Your Profile Information” means the information you give to us to register for our Service, including but not limited to, your business name and your address, the nature and scope of the equipment you want to lease, certain financial information regarding you and/or your business, as well as the username and password that allow you to access our Service, as such information shall change from time to time.
(e)“Service” means the service we provide to you, as described in Section 7.1.
V. INFORMATION: ACCURACY AND CHANGES.
You understand and acknowledge that it is important that Your Profile Information and your Account Information be accurate and you agree to submit accurate data. You further promise to promptly and regularly update Your Profile Information and/or Account Information whenever the information you have submitted to us is no longer accurate. To update your information, you can go to your profile page on our Site. Should you need assistance in changing your information, we ask that you please email us at [email protected] We are not responsible for any errors or other Service-related issues arising from your failure to keep your Profile Information current and accurate. If we determine, in our sole discretion, that you have failed to maintain Your Profile Information or Account Information on an accurate and current basis, we reserve the right to suspend or terminate your access to our Site and our Service.
VI. ELECTRONIC COMMUNICATIONS.
6.1 Electronic Communications: Consent. You recognize and acknowledge that you are entering into this Agreement electronically and that we may disseminate certain categories of information- communications- to you by electronic means (i.e., via email, through our Service by showing links to notices generally on our Site, or to your mobile device), unless and until you rescind your consent as described below. We may provide the following types of communications to you on an electronic basis: (a) this Agreement and any amendments, modifications, or supplements thereto; (b) disclosures or notices provided in connection with our Service, including any required by Applicable Law; (c) any customer service communications, or other communications related to our Site or our Service.
Although we may communicate with you in paper format at any time, we are not obliged to do so. Whether we communicate with you electronically or via paper, such communications will always be deemed to be in writing. We recommend that you print a paper copy of this Agreement. We also recommend that you print a copy of any communication that you believe is important and worth saving in the form of a paper copy. You may not and should not use our Site or our Service under any circumstances if you do not wish to or are unable to communicate in an electronic format.
6.2 Communications: Timing. It is important that we establish agreed upon rules regarding the timing of communications herein. You agree that the rules set forth herein are reasonable. Any communications will be deemed to have been received by you no later than 3 calendar days after we send it to you by email or post it on our Site, whether or not you have received the email or retrieved the communication from our Site. An electronic communication by email is considered to be sent at the time that it is directed by our email server to your email address.
6.3 Contact Information- Need to Update. You recognize the importance of keeping Your Profile Information as current and accurate as possible. Consequently, you agree to promptly update Your Profile Information if your email address changes so that we may contact you electronically. You comprehend and agree that if we send you an electronic communication but you do not receive it because the email address on file is incorrect, no longer current, blocked by your service provider, or you are otherwise unable to receive electronic Communications, we will be deemed to have provided said communication to you.
6.4 Your Internet Related Specs. In order to access, see and read, and retain electronic communications that we disseminate to you, you must have access to: (a) a computer with an Internet connection; (b) a current web browser that includes 128-bit encryption (e.g. Internet Explorer version 6.0 and above, Firefox version 2.0 and above, Chrome version 3.0 and above, or Safari 3.0 and above) with cookies enabled; (c) Adobe Acrobat Reader version 8.0 and above to open documents in .pdf format; (d) sufficient electronic storage capacity on your computer’s hard drive or other data storage unit to save past communications and/or an installed printer to print them; and (e) an email account with an Internet service provider and email software.
6.5 Electronic Communications: Withdrawal of Consent. If you have registered as a user with us and you desire to rescind your consent to have communications provided electronically, it is imperative that you deregister by contacting [email protected] and cease using our Site and our Service. Any withdrawal of your consent to receive electronic communications will be effective only after we have a reasonable period of time to process your rescission, which period of time shall be no longer than ten (10) calendar days, or such other time as is appropriate under the circumstances, as we determine in our sole discretion.
6.6 Our Reservation of Rights. We reserve the right, in our sole discretion, to discontinue the provision of your electronic communications, or to terminate or change the terms and conditions on which we provide electronic communications. We will provide you with notice of any such termination or change as may be required by law.
VII. OUR SERVICE .
7.1 Nature and Scope of the Service. We lease equipment to businesses and/or business owners like you. We also locate other financing / funding sources that will lease equipment to businesses and/or business owners like you. Whether we lease the equipment directly or whether a third party does, the ultimate decision to lease is based on your credit, financial strength, type of equipment leased, length of lease term, and other related factors. If we elect to not lease equipment directly to you, we will take reasonable efforts to locate another funding source to lease the equipment to you. However, we make no promises that we will be successful in such efforts. We will work closely with you throughout the process whether or not we are the equipment lessor. Should another company elect to lease equipment to you, we will act as the interface for such transaction and will be in charge of making sure all relevant documentation (for example the actual Equipment Lease Agreement) is properly signed by you. We will keep you informed as to the status of your transaction once the transaction has been approved whether we are the lessor or not. For example, we would inform you as to the expected equipment installation date. We would also follow up with you to obtain a signed delivery and acceptance certificate once installation is completed. Whether we are the lessor or not, we would inform you as to approval or non approval of your application, the monthly payment amount under the lease, any relevant equipment purchase options, and the like. You agree to provide true, accurate, current and complete information in connection with Your Profile Information, Your Account Information, and any other applications (including credit applications) you provide to us. When you submit the Equipment Lease Application described below to us, you authorize us to obtain information, including from third-party sources, to allow you to verify certain fields of your Equipment Lease Application. You authorize us or any other third party interested in leasing equipment to you to run your credit report. If any of the Equipment Lease Application information does not match information we obtain from third-party sources pursuant to this Section, you may elect to modify any of the Equipment Lease Application information. You also agree that we may contact you, including by telephone, to verify the Equipment Lease Application information or to provide additional Equipment Lease Application information.
7.3 Applying for Equipment Leasing. To apply for an equipment lease from either us or another third party we locate for you, you need to complete and submit the Equipment Lease Application found at http://equiplease.financeapp.com. You acknowledge and agree that we have no role in whether third party equipment lessors decide to approve your application or not.
7.4 Our Use of the Account Information. You authorize us to use Your Account Information and everything provided in the Equipment Lease Application for all purposes related to our Service.
7.5 No Fees. We do not charge you any fee for our Service. We only receive compensation from third party funding sources that lease equipment to you. We do not control a third party’s terms, but we use our best efforts to make clear the specific amount of any fees or interest rates charged to you by a third party. Ultimately, however, equipment leasing terms and conditions are entirely and solely within the third party’s discretion except of course if we lease the equipment to you directly.
VIII. YOUR USE OF OUR SERVICE.
8.1 Applicable Law / Purpose / Responsibility. You will only use our Site or our Service pursuant to this Agreement, in accordance with Applicable Law, and only for a legal bona fide business purpose. You hereby recognize and promise that you are responsible for maintaining Your Profile Information. If you have reason to believe that Your Profile Information or a device that you use to access any Site has been lost or stolen, that someone else is using our Service using Your Profile Information without your authorization, or that an unauthorized transaction has occurred, you must notify us immediately at [email protected]
IX.YOUR INDEMNIFICATION OF US.
You hereby agree to release, indemnify, and hold harmless EquipmentLease and its Affiliates, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way related to: (a) your access to, use of, or inability to use our Site or our Service; (b) your breach of this Agreement; (c) your violation of any rights of a third party; (d) your dealings with any company that leases equipment to you; (e) your violation of any Applicable Law; (f) the violation of any Applicable Law by a company that leases equipment to you; or (g) your failure to provide and maintain true, accurate, current and complete information with us.
X. WARRANTIES AND DISCLAIMERS.
10.1 Limitation of Liability. Under no circumstances shall EquipmentLease, its subsidiaries, partners, or affiliates, be liable to you for (a) any indirect, incidental, consequential, special or exemplary damages arising from or relating to the use or inability to use our Site or our Service (even if we know or have been advised of the possibility of such damages), including, but not limited to, damages for loss or corruption of data or documentation, service interruptions, or our or your liabilities to third parties arising from any source; (b) except as required under applicable law, any indirect, incidental, consequential, special or exemplary damages, arising from or relating to the conduct of you or anyone else in connection with the use of our Site or our Service, including, but not limited to, damages arising from your failure to provide us with accurate information or a third party’s failure to correctly verify such information.
10.2 No Warranties. Except as expressly set forth in this Agreement, our Service provided hereunder is provided “as is” with all faults and without any representations or warranties. The entire risk as to satisfactory quality, performance, accuracy, and effort is with you. We do not represent or warrant that our Site and our Service will be available, accessible, uninterrupted, timely, secure, accurate, complete, or entirely error-free. This disclaimer of warranty extends to you and each buyer and is in lieu of all warranties and conditions whether express, implied, or statutory, including the implied warranties of merchantability, fitness for particular purpose, title, and non-infringement with respect to our Site and our Service, and any implied warranties arising from course of dealing or course of performance. No advice or information provided by us shall constitute any warranty with respect to your use of our Site or our Service. We do not guarantee or assume any responsibility for any service advertised or offered by any third party service relating to either EquipmentLease or any other company that leases equipment to you. We do not guarantee that you will be able to obtain equipment leasing or equipment funding in any amount using our Site and our Service.
XI. TERM / TERMINATION.
11.1 Term. This Agreement shall commence on the date You first access our Site or use our Service and remain in effect until either Party terminates this Agreement in accordance with the terms hereof.
11.2 Our Termination Rights. We may terminate this Agreement at any time in our sole discretion.
11.3 Your Termination Rights. You may terminate this Agreement at any time by ending your use of our Site and our Service and notifying us at [email protected]
XII. GENERAL TERMS.
12.1 Waiver. Our waiver of a breach of any provision contained herein shall be in writing and shall in no way be construed as a waiver of any subsequent breach of such provision or the waiver of the provision itself.
12.2 Governing Law / Venue / Jury Trial / Attorney’s Fees. This Agreement shall be governed by the laws of the State of California. In the event of any dispute hereunder, venue shall lie exclusively in any court servicing Orange County, California. In the event of any dispute hereunder, the prevailing party shall be entitled to its attorney’s fees. THE PARTIES IRREVOCABLY WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY.
12.3 Third Party Beneficiaries. Except as limited by Section 12.7, this Agreement and the rights and obligations hereunder shall bind, and inure to the benefit of the Parties and their successors and permitted assigns. Nothing in this Agreement, expressed or implied, is intended to confer upon any person, other than the Parties and their successors and permitted assigns, any of the rights hereunder.
12.4 Entire Agreement. This Agreement and each of its exhibits, constitute and contain the entire agreement between the Parties with respect to the subject matter hereof and supersedes any prior or contemporaneous oral or written agreements. Each Party acknowledges and agrees that the other has not made any representations, warranties or agreements of any kind, except as expressly set forth herein.
12.5 Survival / Severability. All provisions of this Agreement that by their nature extend beyond the expiration or termination of this Agreement, shall survive the termination of this Agreement.
If any provision of this Agreement (or any portion thereof) is determined to be invalid or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and shall be binding upon the Parties and shall be enforceable, as though said invalid or unenforceable provision (or portion thereof) were not contained in this Agreement.
12.6 Assignment. Neither this Agreement nor any rights hereunder may be transferred or assigned by either Party without the prior written consent of the other Party, which consent shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, we may assign this Agreement or any rights hereunder without consent: (i) to an entity that acquires substantially all of its stock, assets or business; or (ii) to an Affiliate. Except as provided in this section, any attempts by either Party to assign any of its rights or delegate any of its duties hereunder without the prior written consent of the other Party shall be null and void.
12.7 Headings. The headings, captions, headers, footers and version numbers contained in this Agreement are intended for convenience or reference and shall not affect the meaning or interpretation of this Agreement. References to Sections and Appendices are to be construed as references to the Sections of, and Appendices to, this Agreement, unless otherwise indicated. The singular includes the plural, and the plural includes the singular. All references to “hereof,” “herein,” “hereunder” and other similar compounds of the word “here” shall mean and refer to this Agreement as a whole rather than any particular part of the same. The terms “include” and “including” are not limiting.