Welcome to Cricket Funding, LLC (“we” or “us”) website located at www.CricketFunding.com and other affiliated websites (the “Website”).
Cricket Funding, LLC (“Cricket Funding, LLC”, “we” or “us”) matches large businesses and small business owners with alternative lenders and other sources of funding (“Lending Providers”), as described further in the section of this Agreement titled “Service Provided.” The Cricket Funding website is located at https://www.CricketFunding.com (the “Site,” and the Site, together with any products and services provided by Cricket Funding, LLC, the “Service”).
Please review the following terms and conditions concerning your use of and access to the Website. By accessing, using and/or downloading any materials or content from the Website, you agree to follow and be bound by these terms and conditions (these “Terms” or this “Agreement”). If you do not agree with these Terms, you may not use the Website.
Cricket Funding, LLC recommends you consult with your tax advisor and/or legal professional to determine which financing option is best for your business and/or tax situation.
While the information contained within the site is periodically updated, no guarantee is given that the information provided in this website is correct, complete, and/or up-to-date.
EUROPEAN COMMUNITY If you are a resident of the European Community, please do not provide personally identifiable information.
ACCEPTANCE OF AGREEMENT. THESE TERMS OF SERVICE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SERVICE. BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR BROWSING THE SERVICE, YOU (“USER” OR “YOU”) ARE ACCEPTING THESE TERMS OF SERVICE (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS OF SERVICE. YOU MAY NOT ACCESS OR USE THE SITE OR SERVICE OR ACCEPT THE TERMS OF SERVICE IF (A) YOU ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH CRICKET FUNDING, LLC; (B) YOU ARE PROHIBITED BY LAW FROM RECEIVING OR USING THE SERVICE; OR (C) YOU ARE NOT A U.S. RESIDENT. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS OF SERVICE, DO NOT ACCESS AND/OR USE THE SITE OR SERVICE.
PLEASE BE AWARE THAT THESE TERMS OF SERVICE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
The materials contained on this website are provided for general information purposes only and do not constitute legal or other professional advice on any subject matter. Cricket Funding, LLC does not accept any responsibility for any loss which may arise from reliance on information contained on this site or other websites that link to us or we link to them.
Cricket Funding, LLC may provide you with various financial services via the Website, including online banking services, information, tools and calculators, investment and insurance products, product application and information request forms, or other related products or services (“Services”)
Information The Website may provide various information relating to financial and other related matters. This information is for educational, reference and informational purposes only. You should not construe this information as legal, tax, investment, financial or other advice.
Some links within this website may lead to other websites, including those operated and maintained by third parties. Cricket Funding, LLC includes these links solely as a convenience to you, and the presence of such a link does not imply a responsibility for the linked site or an endorsement of the linked site, its operator, or its contents (exceptions may apply).
This website and its contents are provided “AS IS” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Description of the Service Cricket Funding, LLC matches users with Funding Providers using a combination of the user's Profile Information and criteria mutually agreed upon by each Funding Provider and Cricket Funding, LLC which, if met, would provisionally pre-qualify the user to receive funding under such Funding Provider's terms and conditions (the “Prequalification Criteria”). You may request provisional prequalification for funds using the Service at any time by providing Cricket Funding, LLC information and documents, including but not limited to business name and address, amount and intended purpose of funding sought, certain financial information and documents regarding the business, and certain information and documents regarding your business owner (the “Application Information”). You may also be asked to provide tax returns or to sync Cricket Funding, LLC to your bank transactional data (the “Verified Data”). You agree to provide true, accurate, current and complete Application Information and Verified Data. If any of the Application Information you provide is inconsistent with information derived from the Verified Data, we will automatically substitute the inconsistent Application Information with information from the Verified Data. By providing the Application Information and the Verified Data, you also authorize us to obtain information, including from third-party sources, to allow you to verify certain fields of your Application Information based on external information (the “External Data”). Cricket Funding, LLC reserves the right to obtain External Data at any time during your use of the Service until either you or Cricket Funding, LLC terminate its rights under this Agreement. If any of the Application Information does not match the External Data, you will have an opportunity to modify any of the Application Information. You also agree that we may contact you, including by telephone or by SMS, to verify the Application Information or to provide additional Application Information.
Applying for Funding Once we make a Referral to any Matched Funding Provider, the Matched Funding Provider will initiate its underwriting process based on the Application Information and will determine, according to its own terms and conditions, whether to provide funding to you. You acknowledge and agree that Cricket Funding, LLC has no role in a Matched Funding Provider's decision to provide or not provide funding to you, and that Cricket Funding, LLC provides the Application Information to the Matched Funding Provider on your behalf.
Fee Information We do not charge you any fee for the Service. We only receive compensation from Funding Providers. Our compensation from a Funding Provider varies depending on the total amount of funding provided. Cricket Funding, LLC does not control a Funding Provider'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 Funding Provider. Ultimately, however, funding terms and conditions are entirely and solely within the Funding Provider's discretion.
Account Creation In order to use certain features of the Service, you may need to register for an account (“Account”) and provide certain information about yourself. You agree to provide accurate Profile Information and Account Information. You further agree to promptly update all your Profile Information or Account Information whenever the information provided to us is no longer accurate. You can update your information by visiting your profile page on the Service. You may delete your Account at any time, for any reason, by following the instructions on the Service. If you need help in changing your information, please email us at info@CricketFunding.com. We are not responsible for any payment processing errors or fees or other Service-related issues arising from your failure to keep your profile information current. If we determine, in our sole discretion, that you have failed to maintain current and accurate profile information or account information, we may suspend or terminate your access to the Site and Service.
Account User Responsibilities You are responsible for maintaining the confidentiality of your Account login information and all activities that occur under your Account. You agree to immediately notify Cricket Funding, LLC of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Cricket Funding, LLC cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Our Use of the Account Information You authorize us to use the Account Information for all purposes related to the Service, and to have continued access to your financial institution, provided that such access shall be used solely for the purpose of providing the Service to you. Account Information shall remain available to you during the Term.
Consent to Electronic Communications Communications Sent to Cricket Funding, LLC. Any communications or material sent to Cricket Funding, LLC through the Site shall become property of Cricket Funding, LLC and may be used by Cricket Funding, LLC for any purpose. Cricket Funding, LLC shall not have any duty to treat such information confidentially, except as may be required by law or otherwise set forth in the Site’s Privacy Statement. Users should not send information through electronic mail that the user wishes to remain confidential.
You understand and agree that you are entering into this E-Sign Consent Agreement electronically and you specifically agree to receive and/or obtain certain categories of information (“Communications”) from Cricket Funding, LLC by electronic means (i.e., via email, through the Service by displaying links to notices generally on the Service, or to your mobile device), unless and until you withdraw your consent.
Although Cricket Funding, LLC reserves the right to provide Communications in paper format at any time, you agree that Cricket Funding, LLC is under no obligation to do so. All Communications in either electronic or paper format will be considered to be “in writing.” You should print a paper copy of this E-Sign Agreement and any Communication that is important to you and retain the copy for your records. If you do not wish to receive this E-Sign Agreement or the Communications electronically, you may not use the Site or Service.
Consent to Short Message Service (SMS) Communications As part of your consent to electronic Communications, you agree to receive SMS messages to each telephone number provided by you to Cricket Funding, LLC regarding products and services offered by or on behalf of Cricket Funding, LLC and its affiliates. You understand that such SMS may be placed using an automatic telephone dialing system or may include automated SMS messages and that your consent is requested only to allow Cricket Funding, LLC or a Cricket Funding, LLC affiliate to contact you and is not required to use the Cricket Funding, LLC.com site.
Withdrawal of Consent to Electronic Communications If you have registered as a user with Cricket Funding, LLC and you wish to withdraw your consent to have Communications provided electronically, you must de-register by contacting our support team and stop using the Site and Service. There are no fees to de-register with Cricket Funding, LLC. Any withdrawal of your consent to receive electronic Communications will be effective only after Cricket Funding, LLC has a reasonable period of time to process your withdrawal, which period of time shall be no longer than fifteen (15) days, or such other time as is appropriate under the circumstances, as determined by Cricket Funding, LLC in its sole discretion.
Withdrawal of Consent to SMS Communications If you have registered as a user with Cricket Funding, LLC and you wish only to withdraw your consent to have Communications provided via SMS, you may opt-out of receiving SMS from us at any time by texting the word “STOP” to 1 (770) 988-7045. You may also reply “STOP” to any message you receive from us. Upon receipt of your “STOP” message, we will send you a SMS message to confirm that you have been unsubscribed. At that point, you will no longer receive any further SMS messages from Cricket Funding, LLC. If you need any assistance, you can always text the word “HELP” to 1 (770) 988-7045 or reply “HELP" to any message you receive from us. Upon receipt of your “HELP" message, we will respond with “STOP" instructions and a link to these Terms of Service. As always, you agree that you are responsible for any message, data rates or fees that your telephone service provider charges in relation to SMS messages sent and received by you. If you have any questions regarding those rates, please contact your wireless carrier.
Modification Cricket Funding, LLC reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that Cricket Funding, LLC will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part there of.
Third-Party Links and Applications The Service may contain links to third-party websites, services and applications for third parties (collectively, “Third-Party Links and Applications”). Such Third-Party Links and Applications are not under the control of Cricket Funding, LLC, and Cricket Funding, LLC is not responsible for any Third-Party Links and Applications. Cricket Funding, LLC provides access to these Third-Party Links and Applications only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links and Applications. You use all Third-Party Links and Applications at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links and Applications, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Applications.
Release You hereby release and forever discharge Cricket Funding, LLC (and our officers, contractors, vendors, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service (including any interactions with, or act or omission of, our partners or any other third party or any Third-Party Links and Applications). 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.”
INDEMNIFICATION You agree to release, indemnify, and hold harmless Cricket Funding, LLC and its Affiliates, and their respective officers, contractors, vendors, 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 the Site or Service; (b) your breach of this Agreement; (c) your violation of any rights of a third party; (d) your interaction with any Funding Provider; (e) any duties, responsibilities, or obligations you may have to a Funding Provider, including with respect to, but not limited to, a Referral; (f) your violation of any Applicable Law; (g) the violation of any Applicable Law by a Funding Provider; or (h) your failure to provide and maintain true, accurate, current and complete Application Information, Profile Information, Verified Data, and Account Information.
Contact Information: (215) 607-6580 Attn: Cricket Funding, LLC Legal Dept. 1055 Westlakes Drive Suite 300 PMB 3074 Berwyn, PA 19312-2410>
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