Thank you for visiting the Olive Funding™ website, located at www.olivefunding.com (the “Website” ).  The Website is owned and operated by Business Cash Express, LLC (“BCE,” “we”, “us” or “our”).  By visiting the Website, you are agreeing to comply with and be bound by the following term of use (the “Agreement”).  This Agreement is inclusive of any operating rules, policies or documents expressly incorporated herein by reference and/or published from time-to-time.  Please review this Agreement carefully.  If you do not agree to this Agreement in its entirety, you are not authorized to use this Website in any manner or form.

Acceptance of Agreement

You agree to the terms and conditions outlined in this Agreement with respect to your use of the Website.  This Agreement constitutes the entire and only agreement between you and BCE with respect to your use of the Website, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Website.  We may amend this Agreement from time-to-time in our sole discretion, without specific notice to you.  The latest Agreement will be posted on the Website, and you should review this Agreement prior to using the Website.  By your continued use of the Website, you hereby agree to comply with all of the terms and conditions contained within the Agreement effective at that time.  Therefore, you should regularly check this page for updates and/or changes.

Requirements

The Website is available only to individuals who can enter into legally binding contracts under applicable law.  The Website is not intended for use by individuals under the age of eighteen (18).  If you are under the age of eighteen (18) and/or not a citizen of the United States, you do not have permission to use and/or access the Website.

Description of Olive Funding™ Service

Olive Funding™ does not market or provide loan services.  Olive Funding™ provides merchants with an opportunity to apply for merchant cash advance services (“Cash Advance Services”) as offered by Olive Funding™’s affiliated third-party merchant cash advance service providers (the “Affiliated Service Providers”).  A merchant cash advance involves the sale of a merchants preprocessing debit and/or credit card receipts to the applicable Affiliated Service Provider.  It is not a loan.  To apply for Cash Advance Services, a merchant must first fully complete the application form located at the Website (“Application”), The information that you must supply on the Application may include, but is not limited to, any combination of the following: (1) your full name; (2) business mailing address; (3) email address; (4) business telephone number(s); and (5) monthly processing receipts estimate (collectively, the “Application Information”).  Upon entering and submitting your Application Information, Olive Funding™ will match you with the Affiliated Service Provider that best suits your merchant cash advance needs.  Olive Funding™ will also transfer your Application to the applicable Affiliated Service Provider in connection with facilitating the processing of your Application.
You agree to provide true, accurate, current and complete Application Information.  Olive Funding™ and the applicable Affiliated Service Provider each have the right to reject any Application where it is determined, in the sole and exclusive discretion of Olive Funding™ and the applicable Affiliated Service Provider, that: (a) you are in breach of this Agreement; and/or (b) the Application Information that you provided is incomplete, fraudulent, a duplicate or otherwise unacceptable.  Olive Funding™ and the Affiliated Service Providers each may change the Application Information criteria at any time, in their sole discretion.
The information that you must supply on the Application shall be determined by the applicable Affiliated Service Provider.  Application approval, and the ultimate terms and conditions of any service provided by one of our Affiliated Service Providers, will be determined by that entity.  If your Application is approved by an Affiliated Service Provider, you will be a customer of the applicable Affiliated Service Provider, and not Olive Funding™.

Unless explicitly stated otherwise, any future offer(s) made available to you on the Website that augment(s) or otherwise enhance(s) the current features of the Website shall be subject to this Agreement.  You understand and agree that BCE is not responsible or liable in any manner whatsoever for your inability to use and/or qualify for Services, other BCE sponsored products, services and/or any associated functionality.  You understand and agree that BCE shall not be liable to you or any third party for any modification, suspension or discontinuation of any product, service or promotion offered by any of Olive Funding™’s Affiliated Service Providers.  If BCE terminates this Agreement for any of the reasons set forth in this Agreement, BCE shall have no liability or responsibility to you. You understand and agree that refusal to use the Website is your sole right and remedy with respect to any dispute with BCE.  This Agreement only governs your use of the Website and ability to qualify for the Services and/or any other products and services contained herein.  To access the Olive Funding™ Privacy Policy please click here.

License Grant

As a user of the Website, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Website and associated content in accordance with this Agreement.  We may terminate this license at any time for any reason.  You may use the Website on one computer for your own non-commercial use.  No part of the Website may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical.  You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website, any content featured therein or any portion thereof.  We reserve any rights not explicitly granted in this Agreement.  You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website.  You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.  Your right to use the Website is not transferable.

Proprietary Rights

The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Website and/or the Services, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights.  The copying, redistribution, publication or sale by you of any part of the Website and/or the Services is strictly prohibited.  You do not acquire ownership rights to the Services or any content, document, software, services or other materials viewed at or through the Website.  The posting of information or material on the Website by us does not constitute a waiver of any right in such information and/or materials.

Modifications to the Website & this Agreement

We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Website, and to modify this Agreement at any time

Indemnification

You agree to indemnify and hold BCE and its affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Website and/or the Services; (b) your breach of this Agreement; and/or (c) your violation of any rights of another individual and/or entity.  The provisions of this paragraph are for the benefit of BCE and its affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys.  Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

Disclaimer

THE WEBSITE, THE SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE).  IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE MAKE NO WARRANTY THAT: (A) THE WEBSITE, THE SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON THE WEBSITE WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE, THE SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C)YOU WILL QUALIFY FOR A MERCHANT CASH ADVANCE FROM ANY OF OUR AFFILIATED SERVICE PROVIDERS; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE AND/OR SERVICES WILL BE ACCURATE OR RELIABLE.  THE WEBSITE AND/OR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.  WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, ANY OF OUR AFFILIATED SERVICE PROVIDERS, OR OTHERWISE THROUGH OR FROM THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WEBSITE, THE SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE WEBSITE; (C) THE FAILURE TO QUALIFY FOR A MERCHANT CASH ADVANCE FROM ANY OF OUR AFFILIATED SERVICE PROVIDERS, OR ANY SUBSEQUENT DENIAL OF SERVICES FROM SAME; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR APPLICATION INFORMATION; AND (E) ANY OTHER MATTER RELATING TO THE WEBSITE, THE SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON THE WEBSITE.  THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS.  YOU HEREBY RELEASE BCE AND ALL OF BCE’S AFFILIATED SERVICE PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN.  IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF BCE TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE TWO HUNDRED AND FIFTY DOLLARS ($250.00).  YOU HEREBY RELEASE BCE FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION.  THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.  THE WEBSITE, THE SERVICES AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON THE WEBSITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

Third Party Websites

The Website may provide and/or refer you to links to other Internet websites and/or resources.  Because we have no control over such third party websites and/or resources, you hereby acknowledge and agree that we are not responsible for the availability of such third party websites and/or resources.  Furthermore, we do not endorse, and are not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.

Privacy Policy

Use of the Website, and all comments, feedback, information, Registration Data or materials that you submit through or in association with the Website, is subject to our Privacy Policy, which is hereby incorporated into and made a part of this Agreement.  We reserve the right to use all information regarding your use of the Website, and any and all other personally identifiable information provided by you, in accordance with the terms of our Privacy Policy. To view our Privacy Policy, click here.

Legal Warning

Any attempt by any individual, whether or not an Olive Funding™ user, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Website, is a violation of criminal and civil law and we will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

Choice of Law

This Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles).  Should a dispute arise concerning the terms and conditions of this Agreement, or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York County, New York, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association.  Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction.  Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending arbitration.  Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.  This Agreement is personal between you and BCE and governs your use of the Website and/or Services, superseding any and all prior and/or contemporaneous agreements between you and BCE.  To the extent that anything in or associated with the Website and/or any Olive Funding™ offering is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.  Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.  The parties do not intend that any agency or partnership relationship be created through operation of this Agreement.

Contact Us

If you have any questions regarding this Agreement, or would like more information from us, please contact us at info@olivefunding.com.

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