Terms of Services

This is a legal agreement (“Agreement”) between you and Atlantic Merchant Capital Investors, LLC dba Access Street, a Delaware corporation, which operates and may be contacted at 501 E. Kennedy Blvd Suite 801, Tampa, Florida 33602. By using the Access Street Website, and using any of the Access Street Services, defined in this and other policies on the site, you become a user with understanding and agreeing the terms and conditions of this Agreement for as long as you continue to use the Access Street Website or any of the Access Street Services.
This Agreement is subject to change by Access Street in its sole discretion at any time, with or without notice. Your continued use of the Access Street Website or any of the offered Access Street Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions.
The use of certain provided Access Street Services may be subject to additional terms, and such terms will be either listed in this Agreement, additional Agreements and policies which will be presented to you for your acceptance when you sign up to use Access Street services on the Access Street Website. This Agreement shall be subject to any other Access Street Agreements entered into with Access Street.

IF YOU DO NOT UNDERSTAND, AND AGREE TO ANY TERMS WITHIN THIS AGREEMENT, DO NOT USE THE ACCESS STREET WEBSITE OR ANY OF THE PROVIDED ACCESS STREET SERVICES.

Access Street Services

Access Street is a loan referral and packaging agent enabling qualified small business owners to apply for loans with financial services companies and banks. Access Street is not a lender and does not participate in lending activities. Access Street also enables small business owners to use packaging services through Access Street or Third Party Lending Service Providers contracted to perform such services for the small business owners. The SBA does not require the use of an agent for referring a loan or packaging services to apply for a loan. Once loan packages are prepared, small business owners are provided access to the appropriate lending source for the type of loan best suited for the small business and its owners.

Terms Used In This Agreement

As used in this Agreement, the following words shall have the following meanings. “Access Street” includes, “we”, “us” and variations such as “our”. “Access Street Services” includes the application process, packing products and services and any and all additional necessary services to apply and obtain a loan. “Access Street Website” includes, all websites created and/or maintained by Access Street or direct non-third party affiliates of Access Street.

Use of Site and Service

As a user of the Access Street Website or a user registered to use any of the Access Street Services (a “Registered User”), you understand and agree to the following items:

Information Submitted

IT IS YOUR RESPONSIBILITY TO ENSURE THAT ANY INFORMATION YOU PROVIDE TO ACCESS STREET OR THIRD PARTY AFFILIATES ABOUT YOUR BUSINESS IS ACCURATE AND IS NOT CONTRADICTED BY ANY BUSINESS RECORDS, PUBLIC FILINGS, OR ANY ADDITIONAL INFORMATION. THIS INFORMATION INCLUDES, BUT NOT LIMITED TO YOUR TAX RETURNS, LEGAL OBLIGATIONS AND CORPORATE FILINGS.

Third Party Affiliates and Lenders are obligated to check all information provided within the loan application against documents including past filed tax returns, legal obligations and corporate filings. The information provided must be valid and up to date. Users must complete applications within 30 days of the initial filing to maintain current information required to obtain a business loan. If the 30 day period has expired, you may create an additional application with up to date information. We are not able to refer you to an appropriate third party lender or bank without full verification of provided information. You certify that information provided in your loan application and in all supporting documents and forms is true and accurate. By agreeing to these Terms of Services, you understand and acknowledge the penalties for knowingly making a false statement to obtain a loan guaranteed by the Small Business Administration (SBA) can include fines of up to $25,000 and imprisonment of up to five years. False statements to a federally insured depository institution, may be punished with fines up to $1,000,000 and/or imprisonment for up to 30 years. Access Street and its Third Party Affiliates may use several ways of verifying information provided surrounding individuals and businesses during the application process. You agree that Access Street will have no liability to you arising from any incorrectly verified information.

You are solely responsible for, and assume all liability regarding, the information and content you provide through your use of the Access Street Website and any Access Street services; the information, content, and material made available in any manner through the Access Street services; and any interactions made with any and all affiliates or third parties.

Exclusive Use

The account created is to be used only by you and only for your business needs. You may not authorize others to use your account, and you may not transfer or assign your account to any other person or entity for any reason. You acknowledge that Access Street does not hold any responsibility to third party access to your account that results from theft or misappropriation of your user name and passwords.

Business and Legal Purpose

You will only use the Access Street Website or any or all Access Street Services for a bona fide business purpose. You will not use the Access Street Website or any or all Access Street Services for personal, family or household purposes. You may not use the Access Street Website or any or all Access Street Services to obtain information about or make decisions about anyone but yourself and/or your business. You will not use the Access Street Website or any or all Access Street Services for any illegal purpose. You will only use the Access Street Website or any or all Access Street Services in accordance with federal, state and local laws. You must be eighteen (18) years or older to use the Access Street Website or any or all Access Street Services.

No Guarantees

Not all applicants will qualify for loans or the desired loan amount on the Access Street platform. Access Street makes no guarantees to be able to provide Access Street Services to any or all Registered User from the Access Street Website or those seeking to use any or all of Access Street Services.

Risks

You assume all risk when using the Access Street Website and/or Access Street Services, including but not limited to all of the risks associated with any and all interactions with Third Party Affiliates, Third Party Service Providers, banks and lending institutions.

Use of Third Party Service Provider(s)

Access Street may use Third Party Service providers to support certain Access Street Services with or without notice to you. At Access Street’s sole discretion, Third Party Service Providers may be changed or Access Street may provide Access Street Services without the assistance of such third party. You approve and permit Access Street to delegate the authorizations you provide to Access Street to our Third Party Service Provider(s) at the sole discretion of Access Street. You agree that Third Party Service Providers are deemed to be third party beneficiaries of the terms and conditions of this Agreement, including any and all of the other terms and conditions, warranty, indemnification, and liability disclaimers incorporated into this Agreement. You also agree that all references to us within this Agreement and any incorporated terms are also deemed to include, our agents, including the Third Party Service Providers.

Proprietary Rights

You hereby understand and agree that Access Street is the owner of all rights in and to the Access Street Website and Access Street Services. These proprietary rights are protected by federal, state and local laws and regulations. You are permitted to use the Access Street Website and Access Street Services only as expressly authorized by this Agreement. You may not copy, reproduce, distribute or create derivative works, reverse engineer or reverse compile any of the Access Street Website or Access Street Services or Access Street technology.

You agree to not post, duplicate, reproduce, alter, transfer, divulge, distribute, in any way any confidential information or other copyrighted material, trademarks, or other proprietary information accessible via the Access Street Website or Access Street Services, without first obtaining the prior written consent of the owner of such proprietary rights.

Privacy and Security Policies

The Access Street Privacy and Security Policy, hereby incorporated by reference into this Agreement, explains how Access Street protects to privacy of the information that is collected through the Access Street Website, received directly from you or transmitted to or from third parties. The Access Street Privacy and Security Policy may change at our sole discretion, with or without notice.

For more information surrounding the Privacy and Security Policies, the policies are accessible at the Access Street Website.

Third-Party Disclosure Restrictions

Access Street follows strict privacy procedures in regard to protecting your Personal Information. In addition, Access Street requires all third parties with the ability to access this information to adhere to similar rigorous privacy policies. Personal Information may be supplied to a third party in order to package, evaluate and process a potential loan transaction; the disclosure is required or allowed by law (i.e. exchange of information with reputable reporting agencies, subpoena, or the investigation of fraudulent activity, etc.); or for third party marketing purposes of which the customer has been previously informed and has been given the opportunity to decline.

Links to Third-Party Websites

The Access Street Website may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. Access Street does not operate or control in any respect any information, software, products or services available on such websites. Access Street’s inclusion of a link to a website does not imply any endorsement of the services or the website, its contents, or its sponsoring organization. When you leave the Access Street Websites please note that Access Street is not responsible for the accuracy or content of the information provided by that website, nor is it liable for any direct or indirect technical or system issues arising out of your access to or use of third party technologies or programs available through that website.

Disclaimer of Warranty

THE ACCESS STREET WEBSITE AND ANY ACCESS STREET SERVICE IS PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ACCESS STREET EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. YOU ACKNOWLEDGE THAT USE OF THE ACCESS STREET WEBSITE AND/OR ACCESS STREET SERVICE MAY RESULT IN UNEXPECTED RESULTS, LOSS OR CORRUPTION OF DATA OR COMMUNICATIONS, PROJECT DELAYS, OTHER UNPREDICTABLE DAMAGE OR LOSS, OR EXPOSURE OF YOUR DATA TO UNINTENDED THIRD PARTIES. ACCESS STREET MAKES NO WARRANTY THAT THE ACCESS STREET WEBSITE AND/OR ACCESS STREET SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ACCESS STREET MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE ACCESS STREET WEBSITE, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE ACCCESS STREET SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ACCESS STREET OR THROUGH THE ACCESS STREET SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Third-Party Content

Opinions, advice, statements, offers, or other information or content made available through the Access Street Website or Access Street Services, but not directly by Access Street, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Access Street DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN ACCESS STREET. UNDER NO CIRCUMSTANCES WILL ACCESS STREET BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE´S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE ACCESS STREET WEBSITE OR ACCESS STREET SERVICES, OR TRANSMITTED TO OR BY ANY USERS.

Limitation of Liability

IN NO EVENT WILL ACCESS STREET BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, OR FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE ACCESS STREET SERVICE, OR FOR ANY ERROR OR DEFECT IN THE ACCESS STREET WEBSITE AND/OR ACCESS STREET SERVICE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT ACCESS STREET HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT ACCESS STREET IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THIS RESTS ENTIRELY WITH YOU. YOU AGREE THAT THE AGGREGATE LIABILITY OF ACCESS STREET TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE ACCESS STREET WEBSITE AND ACCESS STREET SERVICE IS LIMITED TO LOWER OF: a) THE AMOUNTS YOU HAVE PAID TO ACCESS STREET DURING THE THREE MONTH PERIOD PRIOR TO SUCH CLAIM, FOR ACCESS TO AND USE OF THE ACCESS STREET WEBSITE AND/OR ACCESS STREET SERVICE, OR b) TWENTY-FIVE ($25) U.S. DOLLARS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ACCESS STREET AND YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ACCESS STREET BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH YOU OR YOUR COMPANY.

Indemnification

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS ACCESS STREET (AND ACCESS STREET’S MEMBERS, DIRECTORS, MANAGERS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, PARENT COMPANIES, AND AFFILIATES) FROM AND AGAINST ANY AND ALL CLAIMS OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO (1) ANY ACT, OMISSION OR NEGLIGENCE BY ACCESS STREET, ACCESS STREET’S AGENTS, EMPLOYEES, REPRESENTATIVES, SUBCONTRACTORS AND ANY AND ALL OTHERS ACTING UPON ACCESS STREET’S BEHALF, (2) ANY ACCIDENT INJURY OR DAMAGE CAUSED TO ANY PERSON OR ENTITY, OR TO THE PROPERTY OF ANY PERSON OR ENTITY, WHERE SUCH ACCIDENT, DAMAGE OR INJURY RESULTED OR IS CLAIMED TO HAVE RESULTED FROM ANY ACT, OMISSION OR NEGLIGENCE ON ACCESS STREET’S PART, (3) FAILURE TO ADHERE TO ANY APPLICABLE LAW, RULE OR REGULATION OF ANY GOVERNING BODY HAVING JURISDICTION OVER ACCESS STREET, OR (4) ANY BREACH OF THIS AGREEMENT (OR ANY OTHER AGREEMENT, OR OTHER DOCUMENT BETWEEN YOU AND ACCESS STREET) OR ANY ACT, OMISSION OR DEFAULT UNDER ANY OF ACCESS STREET’S UNDERTAKINGS IN THIS AGREEMENT. THIS PROVISION SHALL INCLUDE INDEMNITY AGAINST ALL COSTS, EXPENSES, FINES, LIABILITIES AND ATTORNEYS’ FEES FROM OR IN CONNECTION WITH ANY SUCH CLAIMS OR PROCEEDINGS BROUGHT HEREON AND THE DEFENSES THEREOF.

Communication

Access Street may use your provided email address and telephone number to communicate messages notifying you of important information surrounding the Access Street Services or special offers. If you do not want to receive such email messages or telephone calls, please refer to the Access Street Privacy and Security Policy and/or Access Street Electronic Communications Policy to assess your options.

Term and Termination

This Agreement will become effective upon your acceptance of the Agreement by your use of the Access Street Website or any and all Access Street Services and will remain in effect in perpetuity unless terminated by Access Street. Access Street may suspend and/or terminate your account at any time, with or without notice, with or without cause, without explanation. Access Street also reserves the right to remove your account, any and all information and data from provided for Access Street Services at any time, for any reason, with or without cause at our sole discretion. In the event your access to any of the Services is suspended due to the breach of this Agreement, you agree that all fees then paid to Access Street or Third Party Service Providers by you will be nonrefundable and all outstanding or pending payments will immediately be due. You may terminate your account by following the steps in the applicable section under “Cancellations” below. The Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Governing Laws and Disputes provisions within this Agreement survives termination of your use or access to the Access Street Website or any and all Access Street Services.

Cancellations

You may cancel your profile and loan application at any time by contacting Access Street at 855-457-5464 or in writing to 501 E. Kennedy Blvd. Suite 801 Tampa, Florida 33602

General Provisions

WE MAKE NO REPRESENTATIONS, WARRANTIES OR OTHER GUARANTEES OF ANY KIND AS TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY LOAN AMOUNTS AND/OR RATES, NOR DO WE MAKE ANY REPRESENTATIONS, WARRANTIES OR OTHER GUARANTEES OF ANY KIND AS TO THE PRESENT OR FUTURE VALUE OR SUITABILITY OF ANY TRANSACTION INVOLVING ANY PARTICULAR SECURITY OR ANY OTHER INVESTMENT OF ANY KIND. You understand that we are not a lender and not an investment or financial advisor. You are solely responsible for your investment research. Prior to undertaking any securities transaction, you should consult a broker or other financial advisor with respect to the price, suitability, value or other aspects of debt security or other investment.
This Agreement supersedes any previous Terms of Services Agreement to which you and Access Street may have been bound regarding the Access Street Website and any Access Street Services. This Agreement will be binding and be enforceable against the parties and their respective successors. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. remainder of this Agreement will continue in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

Waiver

A failure by Access Street to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.

Governing Law and Disputes

You agree that you will notify Access Street in writing of any dispute or claim before bringing any legal action against Access Street or any of its affiliates. You also agree to provide Access Street a reasonable period of time to address any and all disputes or claims surrounding the Access Street Website, and any and all Access Street Services prior to bringing any legal action against Access Street, representatives of Access Street or and affiliates of Access Street. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflicts of laws provisions thereof. The jurisdiction and venue for actions related to the subject matter hereof shall be the State of Florida and County of Hillsborough, Florida, and each party hereby submits to the personal jurisdiction of such courts.

Revision Date

This Agreement was last revised on March 14, 2016.