Last Updated: December 11, 2024
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.
1. DEFINITIONS AND INTERPRETATION
1.1 The term “Connexion Solutions” refers specifically to Connexion Solutions LLC, a limited liability company registered in [State], including all of its current and future subsidiaries, affiliates, officers, directors, employees, agents, successors, and assigns.
1.2 The term “Services” encompasses the entire range of products, services, content, features, technologies, functions, and websites that are offered, operated, maintained, or provided by Connexion Solutions, specifically including but not limited to our commercial loan referral services, website operations, data collection systems, and matching algorithms.
1.3 The term “User” refers to any individual, business entity, corporation, partnership, or organization that accesses, attempts to access, or uses any portion of the Services, whether such use is successful or unsuccessful, paid or unpaid, direct or indirect.
1.4 The term “Lender” refers to any third-party financial institution, lending organization, or funding entity that has entered into an agreement with Connexion Solutions to receive commercial loan referrals through our platform and maintains independent authority to make all lending decisions.
2.1 Connexion Solutions operates exclusively as a commercial loan referral service that connects businesses seeking funding with potential lenders. Connexion Solutions does not provide any direct lending services, does not make any lending decisions, does not guarantee any loan approvals, does not set any interest rates, does not establish any loan terms, does not provide any consumer loans, does not engage in personal lending services, and does not act as a broker, dealer, or financial advisor under any circumstances.
2.2 Connexion Solutions receives direct monetary compensation from each Lender for every referral provided through our Services. This compensation structure operates as follows: Lenders pay Connexion Solutions a fee when a referred User completes a loan transaction; compensation amounts vary between different Lenders based on individual agreements; the amount of compensation may influence the order in which Lenders are presented to Users on our platform; all compensation arrangements are available for review upon written request to Connexion Solutions; the compensation received by Connexion Solutions does not increase the cost of any loan or service provided to Users by Lenders.
2.3 By using our Services, each User explicitly acknowledges and agrees to the following complete and unambiguous statements: Connexion Solutions is not a lender and does not provide any direct lending services; all lending decisions are made independently and exclusively by third-party Lenders without any input or influence from Connexion Solutions; Connexion Solutions has no control over or ability to influence any lending decisions made by Lenders; no loan approval is ever guaranteed through our Services regardless of circumstances; all interest rates and loan terms are established solely by individual Lenders without any involvement from Connexion Solutions; any past successful referrals or loan approvals do not guarantee or indicate the likelihood of future loan approvals.
3.1 Every User of Connexion Solutions’ Services must meet the following mandatory eligibility requirements without exception: The User must be a legally registered business entity or organization operating within the United States; the User must have been in continuous business operation for a minimum of six (6) months prior to using our Services; the User must maintain a valid Employer Identification Number (EIN) issued by the Internal Revenue Service; the User must conduct all business operations in compliance with all applicable federal, state, and local laws and regulations.
3.2 Connexion Solutions requires every User to provide complete and accurate verification information at the time of registration, including but not limited to: The full legal business name as registered with state and federal authorities; the physical business address where operations are conducted; all business telephone numbers and email addresses; the names and contact information of all authorized representatives; complete banking information for the business; and any additional documentation requested by Connexion Solutions to verify the User’s identity and business operations.
3.3 Each User explicitly warrants and represents that all information provided to Connexion Solutions is true, accurate, current, and complete at the time of submission. Users maintain an ongoing obligation to immediately update any information that changes during their use of the Services. Connexion Solutions maintains the absolute right to immediately terminate any User’s access to the Services if any information is determined to be false, outdated, incomplete, or misleading.
4.1 Connexion Solutions collects, stores, and processes User data in the following specific manner: All User information is collected through secure online forms and transmission protocols; data is stored on servers located exclusively within the United States; access to User data is restricted to authorized personnel who require such access to perform their job functions; all User data is encrypted during transmission and storage using industry-standard encryption protocols; backup copies of User data are maintained in separate secure locations to prevent data loss.
4.2 Users explicitly authorize Connexion Solutions to share their business information with potential Lenders in the following specific manner: Business name, contact information, and financial details will be shared with Lenders who have matched the User’s funding criteria; historical business performance data may be shared to facilitate lending decisions; banking information will be shared only when required for loan processing; credit history and business scores may be accessed and shared with potential Lenders.
4.3 Connexion Solutions implements the following specific security measures to protect User data: Multi-factor authentication is required for all system access; continuous monitoring of all data access and system usage; regular security audits conducted by independent third-party security firms; immediate notification to Users of any suspected security breaches; regular updates and maintenance of all security systems and protocols; strict access controls and user permission protocols for all employees and contractors.
5.1 Connexion Solutions’ maximum financial liability for any claim arising from the use of our Services is strictly limited to the lesser of: the total amount of fees paid by the User to Connexion Solutions in the twelve (12) months preceding the claim, or five hundred dollars ($500.00) United States currency. This limitation applies to all claims regardless of their nature, including but not limited to: direct damages; consequential damages; lost profits; business interruption; data loss; reputational damage; or any other form of economic or non-economic damages.
5.2 Users explicitly agree to indemnify, defend, and hold harmless Connexion Solutions against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to: the User’s violation of these Terms of Use; the User’s violation of any applicable law or regulation; the User’s submission of false or misleading information; any disputes between the User and any Lender; any unauthorized access to the Services through the User’s account; and any third-party claims resulting from the User’s actions or omissions.
5.3 Connexion Solutions explicitly disclaims all liability for any of the following circumstances: any decision made by a Lender regarding a loan application; any terms, conditions, or rates offered by Lenders; any delay in funding or denial of funding; any business losses incurred due to loan denial; any disputes between Users and Lenders; any unauthorized access to User accounts despite our security measures; any technical failures or service interruptions; and any actions taken by regulatory authorities regarding Users or Lenders.
6.1 Users are explicitly prohibited from engaging in any of the following activities when using the Services: submitting any false, fraudulent, or misleading information; attempting to circumvent any security measures or access restrictions; sharing account credentials with unauthorized parties; using the Services for any consumer or personal lending purposes; scraping, copying, or reproducing any content from our platform; interfering with the proper operation of the Services; violating any applicable laws or regulations; and engaging in any activity that could damage or impair the Services or Connexion Solutions’ reputation.
6.2 Connexion Solutions maintains the absolute and immediate right to terminate any User’s account and access to the Services under any of the following circumstances: violation of any term within this agreement; submission of false or fraudulent information; suspected illegal activity; failure to maintain eligibility requirements; failure to respond to verification requests within forty-eight (48) hours; excessive complaints from Lenders; or any other reason that Connexion Solutions determines, in its sole discretion, to be harmful to the Services or other Users.
6.3 Upon account termination, the following actions will immediately take effect: all pending loan applications will be cancelled; all User data will be archived according to our data retention policies; all access to the Services will be revoked; all third-party Lenders will be notified of the termination; and all outstanding obligations between the User and Connexion Solutions will become immediately due and payable.
7.1 Any and all disputes, claims, or controversies arising from or relating to these Terms of Use, the Services, or any relationship between Users and Connexion Solutions shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. The arbitration proceedings shall: be conducted in Albuquerque, NM Bernalillo County; be heard by one (1) neutral arbitrator selected in accordance with AAA rules; be conducted in the English language; and result in a written decision explaining the arbitrator’s findings and conclusions.
7.2 Users explicitly waive any right to participate in a class action lawsuit, class-wide arbitration, or any other representative proceeding against Connexion Solutions. Each User agrees to resolve any disputes on an individual basis and waives any right to: act as a class representative; participate as a class member; join any class action against Connexion Solutions; or consolidate their arbitration with any other proceeding. This waiver applies to all claims, whether based on contract, tort, statute, regulation, fraud, misrepresentation, or any other legal or equitable theory.
7.3 The arbitration filing fee shall be paid as follows: for claims totaling less than ten thousand dollars ($10,000), Connexion Solutions shall reimburse the User’s filing fee upon receiving proof of payment; for claims exceeding ten thousand dollars ($10,000), the filing fee shall be paid according to AAA rules. Each party shall bear their own attorneys’ fees unless the arbitrator finds that the claim was frivolous or brought in bad faith, in which case the party bringing such claim shall bear all arbitration fees, administrative fees, and attorneys’ fees.
8.1 Connexion Solutions exclusively owns and retains all right, title, and interest in and to the following intellectual property: the entire contents of the Services; all software code and algorithms; all databases and data compilations; all business methods and processes; all trademarks, service marks, and logos; all copyrighted materials; all trade secrets and confidential information; all patents and patent applications; and all other intellectual property rights related to the Services. Users receive no ownership rights or licenses except those explicitly granted in these Terms of Use.
8.2 Users are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for their intended business purposes. This license specifically prohibits Users from: copying, modifying, or creating derivative works of the Services; reverse engineering or attempting to extract source code; removing any copyright or proprietary notices; transferring any rights to third parties; or using the Services in any way not explicitly permitted by these Terms of Use.
8.3 Any feedback, suggestions, ideas, or other information provided by Users regarding the Services becomes the exclusive property of Connexion Solutions immediately upon submission. Users hereby irrevocably assign to Connexion Solutions all right, title, and interest in such submissions, including all intellectual property rights, and waive all moral rights. Connexion Solutions may use such submissions for any purpose without acknowledgment or compensation.
9.1 Connexion Solutions reserves the absolute right to modify, update, or change these Terms of Use at any time by posting the revised terms on our website. Users will be notified of any material changes through: a prominent notice on the Services for thirty (30) days; an email to the address associated with the User’s account; and an updated “Last Modified” date at the beginning of these Terms. Continued use of the Services after such notification constitutes acceptance of the modified Terms.
9.2 Connexion Solutions maintains the unilateral right to modify, suspend, or discontinue any aspect of the Services at any time, including but not limited to: features and functionality; user interface; data requirements; technical specifications; security measures; and third-party integrations. Users will receive notice of any material changes at least thirty (30) days before implementation unless immediate changes are required for security, legal, or technical reasons.
9.3 In the event that a User does not agree to any modification of these Terms or the Services, the User’s sole remedy is to terminate their use of the Services and close their account. Users must notify Connexion Solutions in writing of their decision to terminate within thirty (30) days of receiving notice of any modification. Upon such notification, Users may request the return or deletion of their data in accordance with our data retention policies.
10.1 These Terms of Use shall be governed exclusively by the laws of the State of New Mexico, United States of America, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Use. Any dispute not subject to arbitration shall be subject to the exclusive jurisdiction of the state and federal courts located in Bernalillo County, New Mexico, and each User hereby irrevocably consents to such exclusive jurisdiction and venue.
10.2 Each User explicitly acknowledges and agrees that any legal action or proceeding against Connexion Solutions must be commenced no later than one (1) year after the claim or cause of action arose. After this one-year period, all claims and causes of action against Connexion Solutions shall be permanently barred, regardless of any statute of limitations or other law to the contrary.
10.3 In any legal proceeding not subject to arbitration, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable attorneys’ fees, court costs, and expenses incurred in connection with such proceeding. This provision applies to all stages of litigation, including trials, appeals, and collection proceedings.
11.1 If any provision of these Terms of Use is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be automatically modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the provision shall be severed from these Terms of Use. In either case, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired in any way.
11.2 The following provisions shall survive any termination or expiration of these Terms of Use indefinitely: all definitions; all payment obligations; all limitations of liability; all indemnification obligations; all intellectual property provisions; all dispute resolution provisions; all governing law provisions; and any other provision that, by its nature, should survive termination. These surviving provisions shall continue to be binding upon both parties.
11.3 Any rights not expressly granted herein are reserved by Connexion Solutions. The failure of Connexion Solutions to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.
12.1 These Terms of Use, together with our Privacy Policy and any additional terms incorporated by reference, constitute the entire agreement between Users and Connexion Solutions regarding the Services. These Terms supersede and replace any prior agreements, representations, or understandings between Users and Connexion Solutions, whether written or oral, regarding the Services.
12.2 All notices to Connexion Solutions must be sent in writing to: Connexion Solutions LLC
Albuquerque, NM 87110
Email: [email protected]
Attention: Legal Department
12.3 All notices to Users will be sent to the email address associated with their account. Users are responsible for maintaining a valid email address and updating their contact information within their account settings. All notices shall be deemed effectively given: upon personal delivery; when sent by confirmed electronic mail; twenty-four (24) hours after sending by confirmed facsimile; or five (5) days after sending by first class mail, postage prepaid.
BY USING THE SERVICES, CREATING AN ACCOUNT, OR CLICKING “I ACCEPT,” USERS ACKNOWLEDGE THAT THEY HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE IN THEIR ENTIRETY. USERS REPRESENT AND WARRANT THAT THEY HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE BUSINESS ENTITY THEY REPRESENT.
Last Updated: December 11, 2024