These Terms of Service ("Terms") govern Your use of this Merchant Web Portal (the "Portal") made available to You by Delta Bridge Funding LLC (and, together with its applicable subsidiaries, affiliates (including CloudFund, LLC), assignees, successors and its and their respective officers, directors, employees and agents "Delta Bridge Funding") for the purpose of accessing services related to a merchant future receivables program (the "Service"). Your use of the Service is conditioned on Your acceptance of these Terms.
A user of this Portal including owners, employees, agents and affiliates of any business, corporation, partnership or other entity that is a user may be referred to as "You," and/or "Your". Delta Bridge Funding may also be referred to as "We," "Us," or "Our."
These Terms are a legal agreement between You and Us.
YOU WILL BE REQUIRED TO DEMONSTRATE YOUR AGREEMENT TO THESE TERMS BY REVIEWING THE TERMS AND INDICATING YOUR ACCEPTANCE OF THE TERMS AS PART OF THE REGISTRATION PROCESS. BY INDICATING YOUR ACCEPTANCE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD NOT CHECK THE "SECURE SIGN IN" BOX , IN WHICH CASE YOU WILL NOT BE PERMITTED ACCESS TO THOSE SERVICES.
As part of the registration process, You must provide complete and accurate information as prompted by the applicable registration form. You will also choose a password and user name will be the email address You provide , and You will be required to agree to these Terms.
You agree that any data You supply or others supply on Your behalf when establishing Your account is accurate and complete, that You will maintain and promptly update the data, and that You consent to the storage of Your data by us and our service providers. You warrant that the person clicking on the "Secure Sign In" button has authority to bind You. We may, without prior notice to You, suspend or terminate Your Portal account, disable Your password and refuse further access to the Portal.
When You have completed the registration process and accepted these Terms, You will be a user of the Service ("User") until termination (as provided herein). You are entirely responsible for maintaining the confidentiality of Your User name and password. You agree to immediately notify Us of any known or suspected unauthorized use of Your password, User name or account or any other breach of security of which You become aware. If you allow Your employee or agent to access the Portal on your behalf, they will also be a User and subject to and responsible for compliance with these Terms in the same manner as You.
You represent that any User of the Portal is at least the age of majority in the applicable state.
If You are a User, and Your rights have not been terminated, We will provide You access to the Service. You agree to access and use the Service solely for the purposes of viewing the content therein and accessing, updating, modifying and managing Your own data for commercial use only. You understand that Your access rights to the Portal are nonexclusive and nontransferable, that Your rights may be terminated by Us if You do not abide by these Terms and that You may have liability to Us or to third parties if You misuse the Service.
Delta Bridge Funding reserves the right to make changes to the Portal, the Services and the Terms at any time. It is your responsibility to review the Terms from time to time to see if modifications have been made. Your continued use of the Portal after any modification of the Terms will conclusively indicate that you accept those changes. Notwithstanding the above, we will seek your consent to future modifications to the extent we are required to do so by applicable law.
The Service includes the ability to process requests for certain transactions and obtain information on Your account ("Transactions"). By submitting requests or information through the Portal, You grant Us the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by You or on Your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
Delta Bridge Funding may suspend the Service from time to time for any reason. Without limiting the generality of the previous sentence, We may suspend access to the Portal or the use of the Service at regular intervals, in whole or in part, if We determine that suspension is necessary or advisable for complying with applicable law.
We reserve all rights in the Service and the Portal not granted in these Terms. Without limiting the foregoing, by using the Service You agree not to:
You understand that Delta Bridge Funding and its licensors retain all ownership rights in the Portal (including, for purposes of clarity, the Service and any tools and/or proprietary content made available through the Portal) and that You do not receive any ownership rights or license rights, except as set forth herein, by accessing or using the Portal, the Service or consenting to the Terms. All trademarks, service marks and trade names are owned by Delta Bridge Funding or other respective owners. The entire content of the Service and the Portal, including but not limited to text, design, software, photography, video, graphics, music, sound, information and the selection, coordination, arrangement, and enhancement thereof, is protected under the copyright laws of the United States, international treaties and other intellectual property laws (including without limitation the copyright in the selection, coordination, arrangement and enhancement of all content).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PORTAL AND THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND. DELTA BRIDGE FUNDING, ITS AFFILIATES, SERVICE PROVIDERS AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE AND USAGE OF TRADE. YOUR USE OF THE PORTAL AND THE SERVICE IS SOLELY AT YOUR OWN RISK. FURTHERMORE, DELTA BRIDGE FUNDING DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CODE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PORTAL AND/OR THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD, USER NAME OR ACCOUNT, EITHER WITH OR WITHOUT YOUR KNOWLEDGE, OR FOR ANY INACCURACIES IN YOUR DATA, OR FOR INCOMPLETE, DATA. HOWEVER, YOU COULD BE HELD LIABLE FOR LOSSES IF SOMEONE MISUSES YOUR ACCOUNT, USER NAME OR PASSWORD AS A RESULT OF YOUR INTENTIONAL MISCONDUCT OR NEGLIGENCE.
NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OR OTHERWISE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DELTA BRIDGE FUNDING, ITS AFFILIATES, AND THEIR AGENTS, REPRESENTATIVES AND VENDORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST OR CORRUPTED DATA OR CONTENT, ANY ERRORS CAUSED BY THE TOOLS AVAILABLE THROUGH THE PORTAL OR THE SERVICE, OR SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF USE OF THE PORTAL OR THE SERVICE OR ANY SUBJECT MATTER OF THESE TERMS, EVEN IF DELTA BRIDGE FUNDING HAS BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES UNDER ANY THEORY OF LIABILITY.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY ERROR OR DEFECT IN THE SERVICE OR ANY LOST OR MISSING DATA IS OUR COMMERCIALLY REASONABLE EFFORTS TO RESOLVE THE ERROR OR DEFECT OR TO RECOVER THE MISSING DATA IN A REASONABLY PROMPT.
You agree to indemnify Us, Our licensors, vendors, insurers, agents and commercial partners and Our respective officers, directors, employees and agents from and against any and all claims, demands, liabilities, losses, damages, costs and expenses, including reasonable attorney’s fees, that arise from any content or data You transmit through the Service and/or the Portal, Your misuse of the Service and/or the Portal, including, but not limited to, Your violation of these Terms, or Your violation of any rights of any third party.
Subject to applicable law, Delta Bridge Funding reserves the right to terminate, suspend or deny, in their sole discretion, Your access to the Portal or all or any portion of the Service if You fail to comply with these Terms or You cease conducting business with Us for a period of 360 days.
Termination of this Agreement for any reason does not modify or cancel your obligations and to Us and Your rights under any other agreements.
You acknowledge that Delta Bridge Funding may engage third party vendors to provide the Services, including data, that are incorporated into and used in connection with the Portal. Delta Bridge Funding uses commercially reasonable efforts to ensure that the Portal functions properly and that data presented through the Services are presented accurately. However, Delta Bridge Funding cannot guarantee that the data presented through the Portal or in connection with the Services will be accurate or complete.
Except as set forth in Section 10, if You are dissatisfied with the Service (including without limitation these Terms), Your remedy is to discontinue using the Service.
Your data is stored in a database hosted by a third party in the United States. Delta Bridge Funding makes no representation that the Service is appropriate, may be downloaded, or is available for use outside the United States. Access to the Service where the content or access or use of the Service is illegal is prohibited. Those who choose to access and use the Service from outside the United States do so on their own initiative, at their own risk, and are responsible for compliance with applicable local laws and U.S. export and other applicable laws.
The laws of New York govern these Terms, without reference to its conflicts of law principles, except that the federal law of the United States shall apply to questions regarding the validity, infringement or enforceability of U.S. federal patent, copyright and trademark rights relating in any way to these Terms or the Service. English is the only language applicable to these Terms.
The following terms shall survive any termination of these Terms: Sections 1, 2, 3, 7, 8, 9, 10, 11, 13, 14, 15 and 18 .
Any notice to You permitted or required to be given under these Terms shall be deemed sufficient if prominently posted within the Portal or if given using the email address provided by You.
Any notice to Delta Bridge Funding permitted or required to be given under these Terms shall be deemed sufficient if given by registered or certified mail, postage prepaid, return receipt requested, or by private courier service to: Delta Bridge Funding, LLC, Attn: Legal Dept., 2875 NE 191st Street, Suite 500, Aventura FL 33180. A notice so given shall be effective upon the earlier of (a) actual receipt by Us, or (b) on the fifth day following after the date of mailing.
Delta Bridge Funding may assign its rights and obligations under these Terms to a third party. You may not assign Your rights or obligations under these Terms, in whole or in part, without the prior written consent of Delta Bridge Funding, which may be withheld in our sole discretion.
If any provision of these Terms is held to be unenforceable, that provision will be removed and the remaining provisions will remain in full force. Your failure to require performance by the other party of any provision of these Terms will not affect the right to require performance at any time in the future; nor will the waiver by either party of a breach of any provision be taken or held to be a waiver of the provision itself. Any waiver or delay by Us in enforcement of Our rights under these Terms shall not be deemed to be a waiver of any such rights concerning any prior or subsequent breach. Except as provided herein, there are no third-party beneficiaries to these Terms.
This Policy may be changed or updated without prior notice to you. By visiting our Website, you acknowledge your agreement to be bound by the practices described in this Policy. This Policy applies to all visitors of the Website, and we encourage you to read through and review this Policy each time you access the Website. If you do not agree with this Policy, we ask that you do not use the Site.
This Website may contain links to other websites. This Policy applies only to information collected on our Website and does not govern the information, practices, or the content of such other websites. We encourage you to review the terms and policies of any other websites to understand their information practices.
We collect Personally Identifiable Information and Non- Personally Identifiable Information as described below.
We will use the PII and Non-PII you provide to:
We may request additional information in order to process requests through or access functionality on the Website.
We utilize commonly used information-gathering tools, such as cookies, to collect information as users navigate our Site ("Website Technology Information"). This section describes the types of Website Technology Information we may collect and how we may use this information.
There are two types of cookies: session and persistent. Session cookies are transient and exist only during one session. They disappear from your computer when you close your browser software or turn off your computer. Persistent cookies remain on your computer after you close your browser or turn off your computer.
If you have identified yourself to us, we use session cookies containing encrypted information to allow us to uniquely identify you. Each time you log into the Website, a session cookie containing an encrypted, unique identifier that is tied to your account is placed in your browser. These session cookies allow us to uniquely identify you when you are logged into the Website and to process your online submissions and requests. Session cookies are required to use the Website.
We use persistent cookies that only we can read and use to identify browsers that have previously visited the Website. When you access the Website or otherwise provide us with personal information, a unique identifier is assigned to you. This unique identifier is associated with a persistent cookie that places on your web browser. We are careful about the security and confidentiality of the information stored in persistent cookies. For example, we do not store account numbers or passwords in persistent cookies. If you disable your web browser’s ability to accept cookies, you will not be able to successfully use the Website.
When you visit the Website, we collect your Internet Protocol ("IP") addresses to track and aggregate Non-PII identifiable information.
We may disclose your information we collected from you on the Website to our partners, affiliates, service providers, independent sales organizations, financial institutions, and other data providers where doing so would assist us in servicing you or to help process your request through the Website.
We may share PII with service providers and data providers who provide services for and data to us. The service providers are restricted from using the information we provide for purposes other than performing services at our direction. Information and data will also be made available to the independent sales organization(s) that originated your transaction. We may also provide information to financial institutions for purposes of effectuating payments. Further, information provided to data providers will be used by those providers in compliance with applicable law.
We may share aggregate Non-PII collected by us through this Website with third parties for a variety of purposes such as analytics.
Additionally, we may at our discretion disclose PII and Non-PII (collectively, "Information") to third parties if we believe disclosure is necessary by law, or to investigate, prevent, or take action regarding suspected or actual prohibited activities, including but not limited to, fraud and situations involving potential threats to the physical safety of any person. We also may disclose Information when necessary in connection with a court order, legal process or other legal proceeding. Finally, we may transfer Information to a successor entity in connection with a corporate merger, consolidation, partial or total sale of assets, bankruptcy, or other corporate change.
We do not process or respond to "do not track" signals or other similar mechanisms.
We are committed to protecting the confidentiality of your information and online interactions with us. We maintain physical, electronic and procedural safeguards designed to protect your personal information. We have security procedures in place to safeguard against loss, theft, unauthorized access, destruction, misuse, and modification of this information after we receive it. For example, we restrict access to the information to our employees, agents, and contractors who need to know such information to provide products or services to you. All information you provide to us is stored on our secure servers behind firewalls. Any remittance transactions will be encrypted using SSL technology.
However, no method of transmission over the Internet, or method of electronic storage, is completely secure. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Therefore, we cannot guarantee its absolute security. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Our products are intended for use by individuals who are at least 18 years old. If you are under the age of 18, you should not be visiting this Website. We do not knowingly collect or retain personal information from children under the age of 13. If you are under the age of 13 and are visiting or otherwise using this Website, you are expressly prohibited from using our services and are advised not to disclose or provide any personally identifiable information on this Website.
If you reside outside of the United States, you are expressly prohibited from using our services and are advised not to disclose or provide any personally identifiable information on this Website.
This section addresses our information practices for California residents, both online and offline.
We collect "Personal Information," as that term is defined by the California Consumer Privacy Act ("CCPA"), Cal. Civ. Code §§ 1798.100 et seq. "Personal Information" under the CCPA does not include, among other things, publicly available information, deidentified or aggregated information, and information regulated by certain federal laws. Other information, like information reflecting certain business-to-business communications and transactions, is excluded from some or all of the CCPA.
Capitalized terms in this section have the meanings provided by the CCPA.
In the last 12 months , we have collected the following categories of Personal Information from California residents:
|A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.
|B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
|A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
Some personal information included in this category may overlap with other categories.
|C. Protected classification characteristics under California or federal law.
|Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
|D. Commercial information.
|Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
|E. Biometric information.
|Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
|F. Internet or other similar network activity.
|Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
|G. Geolocation data.
|Physical location or movements.
|H. Sensory data.
|Audio, electronic, visual, thermal, olfactory, or similar information.
|I. Professional or employment-related information.
|Current or past job history or performance evaluations.
|J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
|Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
|K. Inferences drawn from other personal information.
|Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
We obtain the above categories of Personal Information from the following categories of sources:
The CCPA provides California residents with the right to request that businesses disclose what Personal Information the business collects, uses, discloses, and sells about them. The CCPA also provides California residents with the right to request that businesses delete Personal Information collected from them by the business. However, we do not collect Personal Information subject to either of these CCPA rights.
We may use and disclose the Personal Information we collect for one or more of the following purposes:
We may share your Personal Information by disclosing it to a Service Provider for a business purpose. We only make these business purpose disclosures under written contract that describe these purposes and prohibit other uses . In the last 12 months, we have disclosed the below categories of Personal Information for a business purpose to the below categories of recipients as described below:
|Personal Information Category
|Category of Recipients
|B: California Customer Records personal information categories.
|C: Protected classification characteristics under California or federal law.
|D: Commercial information.
|E: Biometric information.
|F: Internet or other similar network activity.
|G: Geolocation data.
|H: Sensory data.
|I: Professional or employment-related information.
|J: Non-public education information.
|K: Inferences drawn from other personal information.
The CCPA provides California residents with the right to opt out of the sale of their Personal Information to third parties. However, we do not sell, and have not in the last 12 months sold, Personal Information to third parties.
Our Personal Information does not include information about individuals we know are under the age of 16.
The CCPA provides California residents with the right not to receive discriminatory treatment by the business for their exercise of privacy rights conferred by the CCPA.
We reserve the right to change this Policy at any time. If we change the Policy, we will update the Policy date. You will not be given any notice to these modifications. You should check this Policy frequently for changes. Your continued use of the Website after any changes are posted will be deemed to constitute your agreement to and acceptance of such changes to this Policy.