PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
These Terms of Use constitute a legally binding agreement (the “Agreement”) made between you, whether personally or on behalf of an entity (“user”, “you” or “your”) and ESFC Funding Co., LLCand its affiliate, Easly Solutions Corp. (collectively, “Easly”, “we,” “us” or “our”), concerning your access to and use of the website at fundeasly.com, including, without limitation, any tools, applications, e-mail services, bulletin and message boards, chat areas, news groups, forums, downloadable brochures and materials, video content and literature related to any of the foregoing (collectively, the “Website”) and/or the Easly application processing services provided via the Website (the “Services”).
Please note that, unless otherwise stated herein, these Terms of Use do not apply to your funding account applied for, through the Website. Any funding account with Easly is subject to one or more separate agreements that will be provided to you directly by us.
By accessing the Website you acknowledge you have read, understand and agree to accept and adhere to the following Terms of Use. If you do not understand or agree to the Terms of Use, you must immediately stop using the Website. If you are accessing the Website on behalf of a legal entity, you represent and warrant to us that you have the proper authority to bind that entity to these Terms of Use.
Easly, in our sole discretion and for any reason, may modify, supplement or amend these Terms of Use without any notice or liability to you or any other person and any such modifications shall be effective immediately upon posting to the Website. Easly may terminate, suspend, change, or restrict access to all or any part of the Website or Services at any time without notice or liability. Your continued use of the Website signifies your acceptance of any revised Terms of Use. It is therefore important that you review these Terms of Use upon each use of the Website to ensure you are updated as to any changes. If you do not understand or agree to such amended Terms of Use, then you must immediately stop using the Website.
OWNERSHIP
The Website, its design, all text, graphics, content, video, audio and the selection and arrangement of fundeasly.com are the property of Easly, and/or its various subsidiaries, affiliates, licensors, third party providers and distributors (“Affiliates”), and are protected under the copyright laws of the US, Canada and other countries. None of the content found on the Website may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of Easly or the applicable Affiliates.
TRADEMARKS AND COPYRIGHTS
Easly, fundeasly.com, and all other related trademarks, graphics, logos, designs, design marks, page headers, buttons, icons, scripts and service names displayed on the Website (collectively, the “Trademarks”) are registered and common law trademarks of Easly. Other trademarks and design marks appearing on this website are trademarks of their respective owners. Nothing contained on fundeasly.com should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Trademarks, except with the express written permission of Easly or the other party that may own the applicable trademarks.
All content included on this Website, including without limitation the text, articles, graphics, design, logos, source code, buttons, icons, photos, images, audio clips, digital downloads, data compilations, and software (collectively, the “Content”), is the property of Easly or its content suppliers and protected by applicable US, Canadian and international copyright laws. The compilation of all Content on this Website is the exclusive property of Easly and protected by applicable Canadian, US and international copyright laws. All software used on this website is the property of Easly or its software suppliers and protected by applicable Canadian, US and international copyright laws. You agree that the Content may not be used, copied, reproduced, altered, distributed, republished, displayed, posted or transmitted by you in any form or by any means without the express prior written consent of Easly, which may be withheld in its absolute discretion. You acknowledge that the Content is and shall remain the property of Easly and its licensors. You may not modify, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part.
INTELLECTUAL PROPERTY CONCERNS
If you are a copyright or trade-mark owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright or trade-mark, you agree to promptly report any alleged copyright or trade-mark infringements taking place on or through the Website by providing a written notice to the contact information provided below.
USE OF THE SITE
Use of the Website and the Services is void where prohibited. By using the Website and Services, you represent and warrant that (a) all application information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Website and the Services does not violate any applicable law or regulation.
LIMITATIONS OF USE
Any unauthorized use of the Website is strictly prohibited. Neither fundeasly.com nor its Content may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Easly, except for lawful purposes and in accordance with your agreements with us. You are prohibited from any use of the Website or its Content that would constitute a violation of any applicable law, regulation, rule or ordinance, or that could give rise to any civil or criminal liability.
Unauthorized use of the Website and/or its Content may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained within the Content on this Website. The use of any Content on any other website or in any environment of networked computers is prohibited. You are not permitted to engage in any resale or commercial use of the Website or the Content, any derivative use of the Website or its Content; or any downloading or copying of information from the Website for the benefit of another merchant. You may not gather, extract, reproduce and/or display on any other website or other online service, any material on or from the Website, whether or not by the use of spiders or other ‘screen scraping’ software or system used to extract data without the express consent of Easly.
In addition to any other rights or remedies available to Easly and without any liability whatsoever, Easly, in its sole discretion, at any time and without notice, may terminate or restrict your access to any component of the Website.
CONSENT TO DOING BUSINESS ELECTRONICALLY
When you visit the Website or send us emails, you are communicating with us electronically. By accessing the Website, you consent to transact business and communicate with us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that we may deliver to you all notices, disclosures and other documents by means of email, by posting on the Website, or by other means of electronic communication. You must inform us of any changes in your email or other contact information so that you continue to receive all notices without interruption.
We may choose to deliver notices, disclosures and other documents to you by regular mail, registered mail or courier. You must inform us of any changes in your mailing address so that you continue to receive all notices without interruption.
CONFIDENTIALITY
Accessing (or attempting to access) the Website by any means other than through the means we provide is strictly prohibited and you agree not to access (or attempt to access) the Website through any automated or unconventional means without our express prior written consent, which may be withheld in our absolute discretion. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you.
LINKS TO THIRD-PARTY SITES AND SOFTWARE
The Website may contain links to websites controlled, owned, and operated by third parties not associated or affiliated with Easly (the “third-party sites”). These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by Easly of the linked website or information contained in the linked website, or of their security or privacy practices. Easly has no responsibility for the accuracy or availability of information provided on the third-party sites and makes no representation or warranty regarding any third-party sites or the contents on those websites. You acknowledge that use of any third-party sites is governed by the terms of use for those websites, and not by these Terms of Use. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party sites or resources.
If you download any software, we are not responsible or liable for any difficulties or consequences associated with downloading that software. The use of any downloaded software is governed by the terms of the applicable license agreement, if any, which accompanies that software or is provided with that software or in these Terms of Use.
LIABILITY DISCLAIMER – READ THE FOLLOWING CAREFULLY
To the maximum extent permitted by the applicable law, and except as explicitly provided in these Terms of Use as amended from time to time, Easly and its Affiliates make no representations or warranties of any kind, express or implied regarding the Website and/or any Content or Services, all of which are provided on an “as is” and “as available” basis. Easly and its Affiliates do not warrant the accuracy, completeness, currency, reliability or suitability of the Services, the Website or any of the content or data found on the Website, and expressly disclaim all warranties in respect of the Website, its Content or data, the Services and any other products or services offered on the Website, including, but not limited to, any implied warranties and conditions of merchantability, fitness for any particular purpose, title and non-infringement and those arising by statute or otherwise in law or from a course of dealing or usage of trade.
Easly and its Affiliates do not warrant: (i) that the Website will function on an uninterrupted or error-free basis, or be free of viruses or other harmful components; or (ii) the accuracy, completeness, reliability or currency of the Content. The Easly and its Affiliates assume no responsibility, and will not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on the Website or your downloading of any Content materials, data, text, images, video or audio from the Website.
The information available on or through the Website or any component of the Website (including, without limitation, the Content and Services) is not an offer or solicitation by anyone in any jurisdiction in which an offer or solicitation cannot legally be made, or to any person to whom it is unlawful to make a solicitation.
Without limiting any other provision(s) of these Terms of Use, you acknowledge and agree that Easly has no obligation whatsoever under these Terms of Use or otherwise to correct any defects or errors in the Website or any component of a Website (including, without limitation, the Content and Services), regardless of whether you inform Easly of such defects or errors or Easly otherwise is, or becomes aware of, such defects or errors.
LIMITATION OF LIABILITY – READ THE FOLLOWING CAREFULLY
To the maximum extent permitted by the applicable law, and except as explicitly provided in these Terms of Use as amended from time to time, under no circumstances will Easly or any of its Affiliates be liable for any loss, claim, or damages of any kind including without limitation general, special, direct, indirect, incidental, consequential, punitive or any other damages (including, without limitation, economic loss, lost profits, lost savings, business interruption or damages relating to data) of any kind whether in an action in contract, tort, negligence or any other legal theory, arising out of or relating in any way to the function, use or inability to use by any party of the Content, the Website or any third-party site to which the Website is linked, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, computer hacking, even if Easly, or representatives thereof, are advised of the possibility of such damages, losses or expenses. Easly is not liable for any defamatory, offensive or illegal conduct of any user. Your sole and exclusive remedy is to stop using the Website. If your use of the Website results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof. If the foregoing limitation is found to be invalid, you agree that the total liability of Easly for all damages, losses, or causes of action of any kind or nature shall be limited to the greatest extent permitted by applicable law.
INDEMNIFICATION
You agree to indemnify and hold harmless Easly, its parent corporation and Affiliates, and each of their respective directors, officers, agents, representatives, contractors, partners and employees from and against any loss, liability, claim, cause of action, demand, damages, costs and expenses, including without limitation reasonable legal, accounting and other professional fees, arising out of or in connection with, or brought as a result of, your use of the Website, the Services, your conduct in connection with the Website or Services or in conjunction with other users of the Website or Services, or any violation of the Terms of Use or of any law or infringement of the rights of any third party. This indemnification obligation will survive these Terms of Use and your use of the Website or Services.
NO ADVICE
Nothing on the Website constitutes financial, legal or other advice to you and should not be relied upon by you in that regard.
PRIVACY
Easly’s Privacy Policy, the terms of which appear on the Website here explains how we collect, manage, process, secure, and store your private information. Our Privacy Policy is incorporated into these Terms of Use and by visiting the Website you acknowledge and agree that the terms of that policy are reasonable and consent to the collection, use and disclosure of your personal information by Easly in accordance with the terms of and for the purposes set out in our Privacy Policy.
MONITORING OF THE WEBSITE
Easly has no obligation to monitor access to or use of the Website, however, you acknowledge that Easly or its Affiliates have the right to monitor the Website electronically at any time and from time to time, including without limitation, in order to: (i) to satisfy any applicable law, regulation or governmental request; (ii) to operate the Website; or (iii) to protect itself or other users of the Website.
TERMINATION
Your acceptance of these Terms of Use constitutes an Agreement made between you and Easly and is effective until terminated by Easly. Easly may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Website at any time, with or without cause, in Easly’s absolute discretion and without notice.
MISCELLANEOUS TERMS
The Terms of Use and any and all other legal notices or statements posted on the Website constitute the entire agreement between you and Easly with respect to the subject matter of these Terms of Use, and supersede any prior agreements, understandings, negotiations and discussions, whether electronic, oral or written, regarding the subject matter of these Terms of Use and may not be amended or modified except by Easly as set out above. There are no representations, warranties or other agreements between us in connection with the subject matter of these Terms of Use, except as specifically set out herein or in those incorporated or referred to in these Terms of Use. No party has been induced to enter into these Term of Use in reliance on, and there will be no liability assessed, either in tort or contract, with respect to, any warranty, representation, opinion, advice or assertion of fact, except to the extent it has been reduced to writing and included in these Terms of Use or in those incorporated or referred to in these Terms of Use.
In the event of a conflict between the Terms of Use and any other agreement you have with Easly, the terms of that agreement will prevail.
No delay or failure by Easly in exercising any power, right or remedy or enforcing any of its rights under the Terms of Use shall be construed as a waiver of that power, right or remedy or any other rights in any way whatsoever. No waiver of any breach of any provision of these Terms of Use will be effective or binding unless made in writing and signed by the party purporting to give the same and, unless otherwise provided, will be limited to the specific breach waived and not to any other or subsequent breach.
If any provision of the Terms of Use is determined to be unlawful, void, or for any reason unenforceable, then such provision shall be severable from the Terms of Use and shall not affect the validity and enforceability of any remaining provisions of the Terms of Use.
The Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and of the laws of Canada applicable therein, and you consent and submit to the non-exclusive jurisdiction of the courts located in the City of Toronto, in the Province of Ontario, in all disputes arising out of or relating to the use of fundeasly.com and these Terms of Use.
The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.
USERNAME AND PASSWORD
Where applicable, your account may be accessed only by use of your login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized representative of Easly. Easly recommends that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you must log out at the end of each session.
All login names and passwords remain the property Easly, and may be cancelled or suspended at any time by us without any notice or liability to you or any other person. Easly is not under any obligation to verify the actual identity or authority of the user of any login name or password.
You must immediately notify us of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
ACCURACY OF INFORMATION
We rely on the information you provide through this Website, which information must be true, accurate, current and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to notify us of any change in your information within 30 days of any such change.
ADDITIONAL QUESTIONS
If you have questions regarding Easly’s Terms of Use, please contact us.
