Application: Equipment & Machinery Financing

Texas SBA, Inc., Equipment & Machinery Financing Terms of Service

I Authorize the submission of this information for the purpose of Texas SBA, Inc., accepting my application for a merchant cash advance. This Agreement ("Agreement") is by and between Texas SBA, Inc., ("Texas Small Business Association",) ("Texas SBA",) of Austin, Texas, United States of America, a for-profit Texas-corporation, and You, Your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution or the date of Texas SBA, Inc., processing payment for this Agreement, whichever has the earliest execution date. This Agreement sets forth the terms and conditions of Texas SBA, Inc., to process this application for a merchant cash advance and explains Texas SBA, Inc.'s, obligations to You and Your obligations to Texas SBA, Inc., in relation to this application.

You acknowledge that You have read, understand, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement.

Texas SBA, Inc., may terminate this Agreement and Your application or client status based upon this application for whatever reason deemed by Texas SBA, Inc., and will not be held responsible to refund any portion of any payment(s) made prior to the date of this Agreement being terminated.

1. TERM OF AGREEMENT; MODIFICATIONS. You agree that Texas SBA, Inc., may modify this Agreement and the Services from time to time. You agree to be bound by any changes Texas SBA, Inc., may reasonably make to this Agreement when such changes are made.

In the event You terminate Your relationship with Texas SBA, Inc., no refund of any amounts You have paid will be granted. You agree that any statement of a general nature, which may be posted on Texas SBA, Inc., Web site or contained in Texas SBA, Inc., promotional materials, will not bind Texas SBA, Inc. Texas SBA, Inc., may, at times, offer certain promotions with different charges and features.

2. ACCURATE INFORMATION. You agree that the information submitted on this application is truthful and accurate and that all subsequent materials submitted in association with this application will be truthful and accurate.

You agree that Texas SBA, Inc., and their affiliate and partners may use and rely on any such information provided by You for all purposes in connection with Your merchant cash advance application. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Texas SBA, Inc., has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Texas SBA, Inc., has the absolute right, in its sole discretion, to terminate this application.

3. PRIVACY. You agree and consent that telephone conversations on wireline, landline, cellular, and / or electronic mediums may be recorded for Texas SBA, Inc., "quality control" measures without prior verbal notification or the presence of a "beep tone."

4. ACCOUNT SECURITY. You agree You are entirely responsible for maintaining the confidentiality of Your member number/login, password, credit card number, member PIN, and Sensitive Company Data (collectively, the "Sensitive Company Data"). You agree You are entirely responsible for any and all activities that occur under Your account. You agree to notify Texas SBA, Inc., immediately of any unauthorized use of Your account or any other breach of security. You agree Texas SBA, Inc., will not be liable for any loss that You may incur as a result of someone else using Your Sensitive Company Data, either with or without Your knowledge. You further agree You could be held liable for losses incurred by Texas SBA, Inc., or another party due to someone else using Your Sensitive Company Data. For security purposes, You should keep Sensitive Company Data in a secure location and take precautions to prevent others from gaining access to Your Sensitive Company Data. You agree that You will be responsible for all activity in Your account, whether initiated by You, or by others on Your behalf, or by any other means. Texas SBA, Inc., specifically disclaims liability for any activity in Your account, whether authorized by You or not.

5. NO UNLAWFUL CONDUCT OR IMPROPER USE. Texas SBA, Inc., reserves the right at all times to disclose any information as Texas SBA, Inc., deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Texas SBA, Inc.'s sole discretion. 6. INTELLECTUAL PROPERTY. You agree that Texas SBA, Inc., holds all rights, title and interest in all Texas SBA, Inc., Services, Software, Publicity and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such Intellectual Property Rights.

You understand and agree that all content and materials contained in this Agreement, other policies, the Texas SBA, Inc., Web site, and any affiliated Web sites, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States of America, as well as any other applicable proprietary rights and laws, and that Texas SBA, Inc., or its licensor expressly reserves its rights in and to all such content and materials. You further understand and agree that You are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of Texas SBA, Inc., or its licensor. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to You or conferred upon You by this Agreement or otherwise.

7. USE OF TEXAS SBA, Inc., SOFTWARE AND MEDIA. If You have licensed software from Texas SBA, Inc., Texas SBA, Inc., grants You a limited, non-exclusive, nontransferable and non-assignable license to use the software for such purposes as are ordinary and customary. You are authorized to integrate any plug-in or enhancement which uses or relies upon the Software.

Texas SBA, Inc., reserves all rights to its Media (print, electronic, audio, visual, etcetera.) The Media and any copies You are authorized to make are the intellectual property of Texas SBA, Inc. Texas SBA, Inc., reserves all rights to the Software. The Software and any copies You are authorized to make are the intellectual property of Texas SBA, Inc. The source code and its organization are the exclusive property of Texas SBA, Inc., and the Software is protected by copyright, including United States of America Copyright Law. Except as expressly provided for in this section, this Agreement does not grant You any rights in the Software or Media and all rights are reserved by Texas SBA, Inc.

Texas SBA, Inc., provides this Software “as is” without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.

8. FEES AND PAYMENT. Only payment(s) processed by Texas SBA, Inc., of Austin, Texas, United States of America constitute valid payment and are recognized by Texas SBA, Inc.

As consideration for the Texas SBA, Inc., processing your application for a merchant cash advance, You agree to pay Texas SBA, Inc., at the time You electronically execute this Agreement or You agree to pay Texas SBA, Inc., in advance of this Agreement being electronically executed. All fees are due immediately and are non-refundable, even if Your application for a merchant cash advance is denied by Texas SBA, Inc., or their partners or affiliates. Payment may be made by You by providing either a valid credit card or valid debit card.

If for any reason Texas SBA, Inc., is unable to charge Your Payment Method on file for the full amount owed Texas SBA, Inc., for this Texas SBA, Inc., merchant cash advance application and is charged a penalty for any fee it previously charged to Your Payment Method, You agree that Texas SBA, Inc., may pursue all available remedies in order to obtain payment. If You pay by credit card or debit card and if for any reason Texas SBA, Inc., is unable to charge Your credit card on file with the full amount or if Texas SBA, Inc., is charged back for any fee it previously charged to the credit card or debit card You provided, You agree that Texas SBA, Inc., may pursue all available remedies in order to obtain payment. You agree that among the remedies Texas SBA, Inc., may pursue in order to effect payment, shall include but will not be limited to, immediate termination of your cash advance application.

The clearing of payment through your fniancial institution or credit card statement shall serve as confirmation of You entering into this agreement, receipt, and You acknowledging this Agreement.

A. Chargebacks. Texas SBA, Inc., strongly discourages the use of chargebacks. If you believe your Account has been charged in error, you must follow the following procedures no later than 3 days after you first discover the Account was erroneously created: (1) you must contact via email to membership@texassba.org. The subject line of the email must state "Chargeback" and you must provide the following information in the email: (a) your name, contact information, and company name in question, (b) the date that the transaction took place, (c) the credit / debit card account number and expiration date of the credit / debit card, and (d) the total amount charged to the Account. If you take any action to reverse your the charges with your credit card company, Texas SBA, Inc., reserves the right to take legal action against you for damages, including, among other things, fraud.

Placing a chargeback with your credit / debit card company does not cancel this contract nor does it relieve you of your obligations under this contract.

9. REPRESENTATIONS AND WARRANTIES. You, or the individuals who electronically execute this Agreement on behalf of You hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You represent and warrant that You are 18 years of age or older, or that You have an agent authorized by law to represent You who is 18 years of age or older who is entering into this Agreement on Your behalf. You warrant that each action You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name.

You, or the individuals who electronically execute this Agreement on behalf of You warrant this agreement is effective upon this Agreement electronic execution or the processing payment administered by Texas SBA, Inc., whichever has the earliest date of execution, and that your receipt of this agreement for Texas SBA, Inc., or the clearing of payment through your fniancial institution or credit card statement shall serve as confirmation of You entering into this agreement.

10. LIMITATION OF LIABILITY . IN NO EVENT SHALL Texas SBA, Inc., BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLDUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE CERTIFICATION OR SOFTWARE OR PUBLICITY, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF Texas SBA, iNC., HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Texas SBA, Inc.’s liability is limited to the total amount paid by You for this application to procure a merchant cash advance.

This Agreement by You with Texas SBA, Inc. is enforced with binding-arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules under the Claims Programs with all claims being administered by "desk" arbitration, that only allows for document(s) submission(s,) only and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction.

11. DISCLAIMER OF WARRANTIES . Texas SBA, Inc., expressly disclaims all warranties and guarantees of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and guarantees or assurities that a merchant cash advance will be approved and provided through Texas SBA, Inc.,

Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by binding-arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules under the Claims Programs with all claims being administered by "desk" arbitration, that only allows for document(s) submission(s,) only and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction.

12. INDEMNIFICATION. You agree to defend, indemnify and hold harmless Texas SBA, Inc., and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any third party claim, action, proceeding or demand related to Your (including Your agents affiliates, or anyone using Your account,) for Texas SBA, Inc., government contract and grants consulting services or software with Texas SBA, Inc., whether or not on Your behalf, and whether or not with Your permission) use of the Texas SBA, Inc., government contract and grants consulting services or software You purchased from Texas SBA, Inc., or Your breach of this Agreement or incorporated agreements and policies. In addition, You agree to indemnify and hold Texas SBA, Inc., harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You, or any allegation that Your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets. This indemnification is in addition to any indemnification required of You elsewhere. Should Texas SBA, Inc., be notified of a pending law suit, or receive notice of the filing of a law suit, Texas SBA, Inc., may seek a written confirmation from You concerning Your obligation to indemnify Texas SBA, Inc. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that Texas SBA, Inc., shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify Texas SBA, Inc., of any such claim promptly in writing and to allow Texas SBA, Inc., to control the proceedings. You agree to cooperate fully with Texas SBA, Inc., during such proceedings.

You agree to cooperate fully with Texas SBA, Inc., during such proceedings. You agree You will not be entitled to a refund of any fees paid to Texas SBA, Inc., if, for any reason, Texas SBA, Inc., takes corrective action with respect to Your improper or illegal use of its s government grants and contracts consulting services and software.

13. DISPUTE RESOLUTION. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by binding-arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules under the Claims Programs with all claims being administered by "desk" arbitration, that only allows for document(s) submission(s,) only and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction.

14. NOTICES. You agree that all notices (except for notices concerning breach of this Agreement) from Texas SBA, Inc., to You may be posted on our Web site. Notices concerning breach will be sent to the email address You have on file with Texas SBA, Inc. In either case, delivery shall be deemed to have been made five (5) days after the date sent.

Notices from You to Texas SBA, Inc., shall and must be sent by email to membership@texassba.org.

15. HEADINGS. The headings in the Agreement are descriptive only and in the event of a conflict between a heading and the underlying terms of this Agreement, the terms of this Agreement shall control.

16. ENTIRE AGREEMENT. You agree that this Agreement including the policies and agreements it refers to (i.e. our Dispute Resolution Policy, etc.) constitute the complete and only Agreement between You and Texas SBA, Inc., regarding this merchant cash advance application.

17. SEVERABILITY. You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with the Commercial Arbitration Rules under the Claims Programs administered by the American Arbitration Association with all claims being administered by "desk" arbitration, that only allows for document(s) submission(s,) only and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction.applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.

18. WAIVER. The failure of Texas SBA, Inc., to enforce any of the provisions within this Agreement or its incorporated agreements and policies against You or others shall not be construed to be a waiver of the right of Texas SBA, Inc., thereafter to enforce such provisions.

19. FORCE MAJEURE. Texas SBA, Inc., will make every effort to keep its Web site operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold Texas SBA, Inc., liable for any of the consequences of such interruptions.

20. NO THIRD PARTY BENEFICIARIES. Nothing in this Agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement.

www.texassba.org/applications/cash-advance.php
Copyright ©2003 - PRESENT. All Rights Reserved.
Last Updated: October 31, 2011.