OVERVIEW; ACCEPTANCE

This website is owned and operated by Site Level Financial LLC (“ SLF ”, “ we ”, “ us ”, “ our ”, or “ Company ”). These Terms and Conditions of Use (" Terms of Service ") set forth the terms and conditions under which you are authorized to use www.sitelevelfinancial.com and any other website where these Terms of Service are posted (including any subdomains and mobile versions thereof, the “ Website ”), as well as our contractor and lender matching platform (the “ SLF Platform ” and together with the Website, the “ Service ”). Users accepting these Terms of Service do so on behalf of themselves and any business, company, or legal entity that the User is employed by, represents, or otherwise on whose behalf the User accesses or uses the Service (“ Your Business ”). Each User hereby agrees to these Terms of Service on behalf of Your Business, and agrees that Your Business is party to these Terms of Service. For purposes of this Agreement, a “User” means anyone visiting www.sitelevelfinancial.com or that creates an Account on the SLF Platform, and “you” or “your” refers to any User together with Your Business.

You agree to these Terms of Service when you access our use our Services, register for an Account on the SLF Platform, or enter into any agreement incorporating these Terms of Service. Through your agreement you: (a) acknowledge that you have read and understand these Terms of Service; and (b) represent and warrant that you have the right, power, and authority to enter into these Terms of Service on behalf of yourself and Your Business. If you do not accept these Terms of Service, you may not access or use our Services.

These Terms of Service include an agreement to arbitrate. Please review the section titled “Dispute Resolution” carefully, particularly with respect to arbitration. Unless you opt out of arbitration as provided below, these Terms of Service will require you to resolve disputes with SLF, no matter when arising or asserted, through binding individual arbitration (with limited exceptions). You acknowledge and agree that you and SLF each waive (i) the right to a trial by jury, and (ii) the right to participate as a plaintiff or class member in any purported class action or representative proceeding.

If you have entered into a separate agreement with SLF regarding the Services (“ Service Agreement ”), then in the event of any conflict between these Terms of Service and the Service Agreement, the Service Agreement will control.

PRIVACY AND DATA

SLF’s processing of Personal Information through our Services is described in our Privacy Policy. You acknowledge that you have reviewed the Privacy Policy. Further, if you use the SLF Platform, you agree to the Data Policy with respect to the Company Profile Data (defined below) that you upload to the SLF Platform. The Data Policy is incorporated into these Terms of Services by this reference.

PLATFORM TERMS

Scope : These “ Platform Terms ” section apply only to Users’ use of the SLF Platform. SLF Platform Overview : The SLF Platform is intended to facilitate connections between financial institutions and other lenders or financial institutions (“ Lenders ”) offering certain financial products and services (“ Financial Products ”) and construction companies seeking such Financial Products (“ Contractors ”), and to provide Users with information and resources regarding and/or the contractor and subcontractor market in Canada and the United States.

Informational Service; No Diligence or Lending Services: The SLF Platform is offered to all Users solely for informational purposes. SLF does not offer any due diligence, underwriting, lending, financing, credit checks or credit reporting services, or factoring services or any other Financial Products in any way. You acknowledge and agree, on behalf of yourself and Your Business, that SLF is not licensed or qualified to provide offer or provide any Financial Products or any other financing, underwriting and/or investment services or advice (collectively, “ Financial Services ”) in any manner whatsoever, and is not licensed or accredited to provide Financial Products or Financial Services under the laws of Canada, the United States, or any other country, and SLF hereby expressly disclaims any representation or warranty regarding the same.

Account Eligibility: All Users must be at least 18 years of age, or the age of majority in your jurisdiction (if older). You may create Accounts and access the SLF Platform only on behalf of a Lender or Contractor that is a legal entity. You may not create an Account or access the SLF Platform to offer or seek Financial Products or Financial Services on behalf of any natural person acting in their individual capacity.

Account Registration: You must register for a User account (“ Account ”) to use the SLF Platform. You will register for an Account on the SLF Platform as a User acting on behalf of either a Lender (“ Lender User ” and “ Lender Account ”) or a Contractor (“ Contractor User ” and “ Contractor Account”). SLF has the right to restrict any User from registering for an Account if SLF determines, in its sole discretion, that you are not eligible to hold an Account or are otherwise is in violation of these Terms of Services, to protect the safety and integrity of the SLF Platform, or if such restriction is necessary to address any other technical, legal or business concern that SLF may have.

Account Credentials: As part of the Account creation process, Users will be asked to provide a unique username and password to the Account (“ Credentials ”). You are responsible for the confidentiality and use of your Credentials and agree not to transfer or disclose your Credentials to any third party. You are solely responsible for any activities occurring under your Account, even if you do not authorize or direct those activities. SLF has no control over the use of any User’s Account and expressly disclaims any liability arising from any use of an Account. Should you suspect any unauthorized use of your Credentials or Account or any other breach of security, you agree to notify SLF immediately.

Profile Data: When you create an Account, you will be asked to complete a User profile. All Users will provide Personal Information specific to the individual User authorized to use the Account (“ User Profile Data ”). Additionally, we may collect Information and generate Company Analytics (as described below) about Your Business (“ Company Profile Data ”). For example, if you are a Lender, you may be asked or required to provide Company Profile Data such as the Lender entity name, the Financial Products and Financial Services offered by the Lender, and information related to the types or names of Contractors that the Lender is interested in connecting with on the SLF Platform. Similarly, if you are a Contractor, you may be asked or required to provide Company Profile Data such as the Contractor entity name, the Contractor’s line(s) of business, the Financial Products and Financial Services the Contractor is seeking, as well as information about the Contractor’s financials, including accounting, tax, and other financial records related to the business, its assets, income, expenses, liabilities, costs, and other financial data. You may not provide Company Profile Data that includes any Personal Information (as defined in our Privacy Policy), and we reserve the right to remove any Personal Information or files containing Personal Information in our sole discretion. You are solely responsible and solely liable for any processing of Personal Information contained within your Company Profile Data, and SLF expressly disclaims all representations and warranties, and you hereby release SLF from all liability arising from or relating for any processing of Personal Information contained within your Company Profile Data.

Accuracy of Profile Data: By registering for an Account, you represent and warrant that all User Profile Data and Company Profile Data includes the User’s legal name and the legal name of Your Business, that all other User Profile Data is and Company Profile Data that you provide is current, truthful, and accurate, and you agree to maintain the accuracy of such information. You further represent and warrant that you have all right, title, and interest in and to the User Profile Data is and Company Profile Data necessary to provide such information, subject to the rights and licenses granted in this Terms of Service. If we discover that any information you have provided is false or inaccurate, or that any User, Lender, or Contractor does not have the right to provide us with such information as provided in these Terms of Service, we may remove such information, and may suspend or deactivate your Account, and the Accounts of users associated with Your Business. Should any of contact information change, you agree to immediately notify SLF before the change goes into effect.

Analytics: You acknowledge that SLF and its affiliates and service providers may analyze and create certain data, analytics, or other information derived from Company Profile Data and your use of and interaction with the SLF Platform (e.g. offers you make, view, accept, or decline) to generate insights regarding Your Business, its financials, and other matter, as further described in our Data Policy (“ Company Analytics ”).

No Verification: Company Profile Data is provided by Users and SLF does not verify or warrant any aspect of Company Profile Data, including the accuracy of any information. Any Company Analytics are intended only for informational purposes, and are provided only on an as-is, as available basis. You are responsible for validating the accuracy of all information provided by or on behalf of Users, Lenders, and Contractors, and you will not rely on Company Profile Data and Company Analytics to inform any offer or denial of, or to make any decision relating to related to Financial Products or Financial Services. SLF expressly disclaims all representations and warranties, and you hereby release SLF from all liability arising from or relating to the accuracy, timeliness, suitability, or any other aspect of Company Profile Data and any Company Analytics.

Rights to Data: As between the parties, and except as set forth in a Service Agreement, SLF owns all right, title, and interest in and to all Company Analytics created or derived from any Company Profile Data, and may use or process such Company Analytics for any lawful purpose. Additionally, when you provide us with Company Profile Data, you grant SLF, its affiliates, successors and assigns a non-exclusive, non-transferable (except as provided in Section 22), sublicensable, perpetual, fully paid-up, royalty free, worldwide license to process the Company Profile Data, and to develop, make, have made, market, import, reproduce, modify, create derivative works of, distribute, display, and host the Company Profile Data to provide, maintain, operate, and improve the SLF Platform and for the other purposes set forth in these Terms of Service and in the Data Policy.

No Financial Services Agreements: All agreements between Lenders and Contractors relating to Financial Products and Financial Services, including all formal audits, legal diligence, credit checks, credit reporting, identity verification, audits, applications, or other services related thereto (“ Financial Service Agreements ”) are negotiated and entered into directly between Lenders and Contractors, and not on, through, or in connection with the SLF Platform. Neither SLF nor its Affiliates are a Party to Financial Service Agreements, we do enter into or perform under Financial Service Agreements, nor do we employ or act as an agent to anyone entering into or performing Financial Service Agreements. If you are a Lender, you are solely responsible for providing all notices and obtaining any and all consents necessary to process any Company Profile Data, Personal Information, or other data you may collect through the SLF Platform, and SLF expressly disclaims all representations and warranties, and you hereby release SLF from all liability arising from or relating to your processing of such information.

Messaging and communications: The SLF Platform may display User, Lender, or Contractor profiles and may include direct messaging and/or other message or communication facilities that allow Users to communicate with other Users (“ Communications Tools ”). You may only use Communications Tools to send and receive messages and materials that are relevant and proper and in accordance with these Terms of Service. You may be limited in the means and frequency in which you are permitted to message or communicate with Users on the SLF Platform. You agree to respect all such limitations, and may not circumvent any messaging caps, blocking functionality, or other technical limitations placed on your use of Communications Tools on the Platform. You are solely responsible for obtaining consent of any party you contact using our Communications Tools, or otherwise using information you collect via the SLF Platform. SLF makes no representations or warranties regarding your right to communicate with any person, whether through the SLF Platform or otherwise. SLF does not monitor the content of communications sent via Communications Tools, but reserves the right to access such content where permitted under applicable law.

Suspension Right: Except as otherwise provided in a Service Agreement, SLF reserves the right to suspend and/or terminate any Account at any time if your breach these Terms of Service, or for any other reason or no reason at all, with no liability to you under any theory of law, including tort or contract, and with no liability to you for any type of damages, including but not limited to lost profits.

No Suspension Notice Requirement : You acknowledge and agree that SLF is not required to provide you notice before suspending or terminating your Account, and/or your access to the SLF Platform. In the event that your Account is suspended, terminated, or cancelled, you will have no further access to your Account or anything associated with it (including Accounts on the system for which you may have been previously responsible) unless and until SLF agrees to restore your access.

Account Cancelation/Deactivation: You have the right to cancel your Account at any time. You understand and agree that, except as expressly provided by law, the deactivation of your Account is your sole right and remedy with respect to any dispute you may have with SLF.

No Circumvention of Suspension/Termination : If SLF suspends or terminates your Account pursuant to this section, you are thereafter prohibited from registering and creating a new Account under your name or business name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

Survival post Termination : Even after your right to use the SLF Platform is suspended or terminated, these Terms of Service will remain enforceable against you, and SLF’s rights and licenses (including to any Company Profile Data) will remain in effect, except as otherwise provided in these Terms of Service.

No Employment : The SLF Platform is not an employment agency service or business and neither SLF nor its Affiliates are or will be deemed to be an employer of any User or to have engaged any User as an independent contractor.

Disclaimers : NEITHER SLF, NOR ITS PARENT, AFFILIATES, OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO AS “AFFILIATES” ) IS RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SLF PLATFORM AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE SLF AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SLF PLATFORM.

Acknowledgements : YOU HEREBY ACKNOWLEDGE THAT SLF DOES NOT SUPERVISE, SCOPE, DIRECT, CONTROL, ENTER INTO, PERFORM, OR DIRECTLY FACILITATE ANY FINANCIAL SERVICES AGREEMENT THAT MAY ARISE THROUGH CONNECTION MADE VIA THE SLF PLATFORM AND SLF AND ITS AFFILIATES EXPRESSLY DISCLAIM (TO THE EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY AND LIABILITY ARISING FROM OR RELATED TO THE NEGOTIATION, PERFORMANCE, OR ANY OTHER ASPECT OF ANY FINANCIAL SERVICES AGREEMENT, INCLUDING THE FAILURE TO OBTAIN ANY FINANCIAL PRODUCT OR FINANCIAL SERVICE. SLF MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE COMMUNICATIONS OF OR BETWEEN USERS, LENDERS, AND CONTRACTORS, WHETHER THROUGH THE SLF PLATFORM, VIA ON- OR OFF-LINE INTERACTIONS, OR OTHERWISE.

THIRD-PARTY SERVICES AND CONTENT

When you use the Platform, we may disclose Company Profile Data to Lenders, and you direct us to do so as further described in our Data Policy. Once we disclose data to Lenders, the Lender is responsible for all subsequent processing of Company Profile Data. Lenders may (without limitation) verify any government identifications and information you have submitted to the SLF Platform against federal databases including, but not limited to, Equifax, to determine credit worthiness, credit standing and/or credit capacity and generally for any other underwriting purposes. By submitting your application and information to the SLF Platform, you hereby authorize any and all Lenders companies to verify your Company Profile Data, including underwriting any Company Profile Data submitted (which may require an underwriting of the relevant project relating to said invoice) and to check your credit. You acknowledge that there may be additional eligibility criteria, that additional terms and conditions may apply, and guarantees and indemnities may be required by a Lender as a condition of the negotiation or entry into a Financial Services Agreement.

We may provide links for you to access third party financing products and services. The User’s use of these features and other content or services provided by third parties—including third-party links to other websites on the Internet—are not governed by these Terms of Service. The User acknowledges and understands that SLF does not endorse, support or recommend the use of any service, product or other resource which may be found, solicited or arranged for on or through the SLF Platform without the consultation of a licensed lawyer by the governing body for lawyers in the User’s applicable jurisdiction and a licensed financial advisor registered through the any governing or regulatory bodies within the User’s applicable jurisdiction. The User understands and agrees that the User’s usage of the SLF Platform should not in any way be used as a substitute for or in isolation from a discussion with the appropriate advisory professionals.

The User acknowledges and agrees that we are not responsible for the availability of, or any content located on or through, any third-party site or service, or any use of your information by those third parties. The User further acknowledges that any reliance on representations and warranties provided by any party other than SLF will be at the User’s own risk. The User expressly agrees to hold SLF harmless for any claims of damage arising from any content, product or service provided by any third party or use of your information by those third parties. The User’s use of those third-party websites and services is subject to the terms of use and privacy policies posted on each site or service, and we encourage you to review those terms of use and privacy policies.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to modify or discontinue all or any portion of the SLF Platform with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to the SLF Platform, or that operation of the SLF Platform will be uninterrupted or error free. You understand that usage of the SLF Platform may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

YOUR REPRESENTATIONS

As a condition of your right to use the SLF Platform, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from accessing the SLF Platform under the laws of Canada, the United States, or any other country.

UNLAWFUL AND PROHIBITED USES

You may use the SLF Platform only for lawful purposes. You will not:

  1. use the SLF Platform in any way that breaches any local, national or international law including but not limited to any regulations having the force of law, such as professional regulations or any national or local restrictions on the use of the internet by other countries;
  2. use the SLF Platform for any purpose that is unlawful or prohibited by these Terms of Service;
  3. use the SLF Platform in any manner which could damage, disable, overburden, or impair the website or interfere with any other party's use and enjoyment of it;
  4. obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the SLF Platform;
  5. collect or store personal information about other users of our SLF Platform or solicit personal information from any individual;
  6. use in any way that is unlawful or fraudulent, or has unlawful or fraudulent purpose or effect;
  7. use for the purpose of harming or attempting to harm any individual in any way;
  8. impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
  9. send or promote any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, disparaging regarding racial, gender or ethnic background, any statement that you have reason to know is false or misleading, or otherwise objectionable messages, as determined by SLF in its sole discretion;
  10. interfere with or disrupt the operation of the SLF Platform or the servers or networks used to make the SLF Platform available or violate any requirements, procedures, policies or regulations of such networks;
  11. transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation(spam);
  12. transmit or otherwise make available in connection with the SLF Platform any virus, worm or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment; or
  13. use any information found on the SLF Platform to canvass or solicit any person or entice any person away from the employment of, investment with, seeking funding from or any other commercial relationship or transaction with a User or through the SLF Platform.
  14. infringe any patent, trademark, trade secret, copyright, right of publicity or privacy, or other right of any party, or distribute any content you do not have a right to make available under any law or under contractual or fiduciary relationships;
  15. promote or distribute any unauthorized advertising, promotional materials, or material which can be characterized as "junk mail," "spam," "chain letters," "pyramid schemes," or similar material, any request for or solicitation of money, goods, or services for private gain, or any information posted primarily for advertising, promotional, or other commercial purposes;
  16. disrupt or interfere with the security or use of the SLF Platform or any websites or content linked to them;
  17. access the SLF Service using automated means, or using any bot, crawler, spider, or other tool that is intended to or has the effect of collecting any data, content, or information made available on or though the Service for your own personal or commercial use, including (but without limitation) for use in the development or training of any artificial intelligence systems, except as expressly permitted in these Terms of Service or under applicable law;
  18. interfere with or damage the SLF Platform, including, without limitation, through the use of viruses, Trojan horses, harmful code, denial of service attacks, packet or IP spoofing, forged routing or email address information or similar methods or technology or disobey any requirements, procedures, policies, or regulations of networks connected to the SLF Platform;
  19. attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) SLF or create or use a false identity;
  20. attempt to obtain unauthorized access to the SLF Platform or portions thereof that are restricted from general access;
  21. use any meta tags or any other “hidden text” utilizing SLF name, trademarks, or product names;
  22. attempt to reverse engineer or otherwise derive or obtain the code in any form for any software used in the SLF Platform;
  23. engage in any activity that interferes with any third party’s ability to use or enjoy the SLF Platform; or
  24. assist any third party in engaging in any activity prohibited by these Terms of Service. Any misuse, violation, or failure to comply with these Terms of Service may result in account suspension, termination, financial penalties, and potential legal action. Additionally, SLF reserves the right to report any unlawful activities or suspicious behavior to appropriate governmental and enforcement authorities. Users may be held liable for damages or losses incurred as a result of their non-compliance.

TRANSACTIONS

You hereby agree that SLF’s business, through the SLF Platform, involves, among other activities, introducing, effectuating and consummating transactions between Users, Lenders, and Contractors, including other parties and affiliates of such parties (each, a " Transaction "). In consideration of the foregoing, you irrevocably agree and warrant that you and your affiliates shall not, directly or indirectly, interfere with, circumvent, attempt to circumvent, avoid or bypass any User or SLF (including any fee SLF is entitled to earn from the Transactions) from any Transactions between Users, Lenders, or Contractor or obviate or interfere with the relationship of any User, Lender, or Contractor and its contacts for the purpose of gaining any benefit, whether such benefit is monetary or otherwise. You will not make use of or permit any third party to circumvent this paragraph.

You further acknowledge and agrees that the identity of the subject Transaction, and all other information concerning a Transaction (including without limitation, all trade and/or subcontract information, project and/or invoice information, mailing information, phone and fax numbers, email addresses and other contact information) introduced through the SLF Platform are the property of SLF, and shall be treated as confidential and proprietary information by the User and Your Business, it affiliates, officers, directors, shareholders, employees, agents, representatives, successors and assigns. You shall not use such information, except in the context of any arrangement with SLF in which SLF is directly and actively involved, and never without SLF's prior written approval. SLF is relying on your assent to these Terms of Service and without your assent to these Terms of Service, SLF would not introduce or foster any Transaction or disclose any confidential information to you as herein described.

INTELLECTUAL PROPERTY RIGHTS

All content, copyrights and other intellectual property rights in the content available on the Service, including without limitation design, text, graphics, interfaces, and the selection and arrangements thereof (collectively “SLF Content”) are owned by SLF, with all rights reserved, or in some cases may be licensed to SLF by third parties. The SLF Content is subject to all applicable intellectual property rights which are owned and controlled by SLF or by third parties who have licensed their material or provided permission to SLF for placement on the Service. All SLF Content which qualifies for protection under U.S. Federal Copyright Law is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. Unauthorized use of any SLF Content is strictly prohibited and may violate copyright, trademark, patents, or other intellectual property laws and be subject to both civil litigation and criminal charges. All trademarks displayed on the Service are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with SLF.

By furnishing SLF Content, SLF does not grant any licenses to or transfer any title rights for any copyrights, patents or any other intellectual property rights. You shall not at any time do or cause to be done, either directly or indirectly, any act or thing contesting any part of SLF’s right, title and interest in or to SLF Content. You shall not (a) modify, copy or create derivative works based on the services available at the Service; (b) frame or mirror any content forming part of the services available at the Service; (c) reverse engineer the services available at the Service; or (d) access the services available at the Service in order to (i) build a competitive product or service, or (ii) copy any SLF Content or other intellectual property in the services available on or through the Service.

PERMITTED USE OF THE CONTENT

Any use of SLF Content on the Service, including without limitation reproduction for purposes other than those noted herein, modification, distribution, replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of SLF, is strictly prohibited. With the exception of search engines, you agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the SLF Content contained therein without prior written permission of an authorized officer of SLF. You may use the SLF Content solely for your personal, non-commercial use, except as expressly provided herein. You may download or print a single copy of any portion of the SLF Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content. You may not make any use of SLF Content owned by any third parties which is available on the Service, without the express consent of those third parties.

LINKS TO THE SERVICE

You are hereby licensed to create hyperlinks to Content on the Service, provided that the hyperlink accurately describes the Content to which it links. If you include links to the Service on your website, when the link is clicked, the applicable page within the Service must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the page within the Service, and without any interstitial pop-ups or web pages loading before the applicable target page is accessed. The page on which such links are featured must be accessible to the general public and not provided through a subscription service or for a fee, unless otherwise expressly agreed in writing by SLF. Under no circumstances may you "frame" all or any portion of the Service or copy portions of the Service to a server, except as part of an Internet service provider's incidental caching of pages. We reserve the right to revoke these licenses generally, or your right to use specific links or feeds, at any time, with or without cause.

USER CONTENT

Any content uploaded, posted, submitted, or otherwise made available by individual users of the Service, including without limitation messages, postings, ideas, suggestions, invoices, financial information, business information or any other material or content which does not originate with SLF, including User Profile Data and Company Profile Data (" User Content "), is the sole responsibility of the person who made such User Content available on the Service. Under no circumstances will SLF be liable in any way for any User Content made available through the Service by you or any third party.

User Content is owned by the author thereof, and SLF does not claim ownership of original works created and posted by individual visitors to the Service. However, by uploading, posting, transmitting or otherwise making any User Content available on or through the Service, you are granting SLF, and its parent, subsidiaries, affiliates, and other related entities an irrevocable, nonexclusive, perpetual, royalty-free, transferrable, sublicensable, worldwide license to copy, reproduce, modify, publish, display, distribute publicly, perform, exploit, and prepare derivative works of such User Content (including your name, image, likeness, or information you have made publicly available in connection therewith) in any manner, media or format now existing or hereafter devised, without any obligation of notice, attribution or compensation to you. When the User submits the User Materials to the Service and/or SLF, the User agrees that SLF has the right to use the User Materials in any manner it sees fit including but not limited to promotional and advertising purposes or to evaluate future Users or improvements to be made to the Service or SLF’s business otherwise, without compensation to the User of any kind.

The Company reserves the right (but has no obligation) in its sole discretion to pre-screen, edit, refuse, move or remove any User Content that is posted on the Service. You agree that the exercise by SLF of such discretion shall not convert or transform User Content to content owned or provided by SLF, and the user who made such User Content available on the Service will retain ownership thereof as described below.

PROVIDING FEEDBACK TO SLF

We welcome your comments and feedback about the Service. All information and materials submitted to SLF through the Service or otherwise, such as any comments, feedback, ideas, questions, designs, data or the like regarding or relating to the Service or the business of SLF (collectively, " Feedback "), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to you, but SLF reserves the right to treat any such Feedback as the confidential information of SLF. By submitting Feedback to SLF, you assign to SLF Parties, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback. The Company Parties will be entitled to use any Feedback you submit, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without compensating you in any way. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, its truthfulness and accuracy.

DISCLAIMER; LIMITATION OF LIABILITY

All information (hereinafter, the “ Information ”) posted on the Service is subject to change or removal without notice. SLF may make changes to the materials, products, features and services available at the Service at any time without notice. You may not use the Information for any commercial purpose, including without limitation: (I) distribution (electronically or otherwise); (II) resale; or (III) display, etc. unless authorized by SLF.

Information, services, and other material available through the Service are furnished “As Is”, “at Your Own Risk” and “As Available”, without any warranty whatsoever. Although SLF has attempted to provide accurate Information on the Service, SLF assumes no responsibility for the accuracy, merchantability or completeness of the Information, services or other material at the Service. The Information and all other materials on the Service are provided for general information purposes only and do not constitute professional advice of any kind.

TO THE FULLEST EXTENT PERMITTED BY LAW, SLF, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “SLF PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SLF PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF THE SERVICE. UNDER NO CIRCUMSTANCES, WILL ANY OF THE SLF PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF THE SERVICE OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF THE SERVICE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY SLF PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE SLF PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

SLF does not warrant that the Information will meet your requirements, and that the operation of the Services will be uninterrupted or error free, or that the Service or the server that makes it available are free of viruses or bugs.

SLF makes no representation that the content, the Information, or the services offered through the Service are appropriate, available or legal in any location. Those who choose to access the content, the Information, and the services offered through the Service do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

SLF’s obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on the Service should be construed to alter such agreements. The materials and services at the Service may be out of date and SLF makes no commitment to update the materials and services at the Service.

If the User’s use of the materials, Information or services from the Service results in the need for servicing, repair of correction of equipment or data, you assume all costs thereof. For the avoidance of doubt, User is responsible for maintaining, protecting and storing all of the information provided, transmitted, uploaded, imported or made accessible by using the Service. SLF will not be liable for any loss or corruption of such information, or for any costs or expenses associated with backing up or restoring any of such information.

You acknowledge that you may have or may in the future have claims against us which you do not know or suspect to exist in your favor when you agreed to these Terms of Service and which if known, might materially affect your consent to these Terms of Service. You expressly waive all rights you may have under Section 1542 of the California Civil Code, which states:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

IF THIS CLAUSE IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL OUR OR THE RELEASEES’ TOTAL LIABILITY TO YOU EXCEED $100.00. NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

INDEMNITY; WAIVER

The User and Your Business shall jointly and severally defend, indemnify, and hold harmless the SLF Parties from and against any and all expenses, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with any liability, suit, action, loss, or damage arising from or related to: (i) your use of the Service, including (without limitation) the submission of User Content to the Service; or (ii) any Financial Services Agreement.

You understand and agrees that the SLF Parties shall not be responsible or liable to any person or entity whatsoever for any direct, indirect, incidental, punitive, consequential or exemplary damages, including but not limited to, injury, claim by a third party, liability, costs, damages for loss of business and/or profits, data or other intangible losses (even if the SLF Parties had been advised of the possibility of such damages), resulting from the use of or the inability to use the materials, information, and/or service(s) on the Service or any misuse of the materials, information, and/or service(s) on the Service in a manner not in accordance with their intended use.

You also understands and agrees that the SLF Parties shall not be held liable for any defamatory, offensive, or illegal conduct of any of any person (except the SLF Parties themselves).

DISPUTE RESOLUTION

All disputes, controversies and claims between the parties arising under or in relation to these Terms of Service (each a “ Dispute ”) will be resolved in accordance with this section, except for the right to terminate as set forth herein and unless the parties expressly agree in writing otherwise. Either party may give a notice (a “ Dispute Notice ”) to the other party requiring the parties to attempt to resolve a Dispute through negotiation, and the parties will then cause their respective authorized senior representatives to meet (by conference or video call) on a mutually acceptable date and time within seven (7) days after the date on which the Dispute Notice is delivered to discuss and attempt to resolve the Dispute. If a Dispute is not fully and finally resolved within forty-five (45) days after the date on which the applicable Dispute Notice is delivered, then either party may refer the Dispute to arbitration. All communications (oral and written) made in the course of negotiations regarding a

Dispute will be deemed “without prejudice” and will not be admissible into evidence in arbitration or any other legal proceeding unless the communication is in writing and is expressly identified as being made “with prejudice”.

Subject to this section, each Dispute will be referred to and finally resolved by confidential binding arbitration administered by the American Arbitration Association in accordance with its Commercial

Arbitration Rules (“ Rules ”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

The arbitration hearing shall be conducted through the use of videoconferencing technology unless both parties agree that an in-person hearing is appropriate given the nature of the dispute. Any remote arbitration proceeding shall utilize appropriate videoconferencing software with sufficient security settings to protect the confidentiality of the arbitration and the ability to share the computer screen so that exhibits and other documents may be displayed. All in-person arbitration hearings will be held in the county of Manhattan, New York, USA in English, unless otherwise mutually agreed by the parties.

Absent written consent of both parties, any such arbitration will be arbitrated before one neutral arbitrator selected in accordance with the Rules. Any award rendered in an arbitration is final and binding, and judgment on the award may be entered in any court having jurisdiction for the enforcement of the award. No arbitration under these Terms of Service may be joined with another arbitration related to the subject matter hereof. The parties each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration the parties each waive any right to a jury trial.

Notwithstanding the foregoing, either party may seek preliminary or temporary injunctive relief and other remedies from the applicable court of competent jurisdiction in the county of Manhattan, New York, USA to avoid irreparable harm or to preserve the status quo, including (with respect to SLF) in relation to any actual or potential violations of our intellectual property rights or unauthorized disclosures of our confidential information, and the parties hereby irrevocably submit to the original and exclusive jurisdiction of such courts in respect of all of those matters and any other matter that is not properly subject to arbitration. EACH PARTY ACKNOWLEDGES AND AGREES THAT ANY DISPUTE IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES, AND THEREFORE IT KNOWINGLY, VOLUNTARILY, INTENTIONALLY, IRREVOCABLY, AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY DISPUTE.

MODIFICATION OF TERMS OF SERVICE

SLF reserves the right to modify, alter or update the Terms of Service under which the Service is offered without notice and liability. Any such changes will be posted on the Service and you agree to be bound by such modifications, alterations and/or updates as of the date same is posted. If the User does not agree with these modifications, alterations and/or updates, it is the User’s sole responsibility to terminate your use of the Service or any of its services. The User’s continued use of the Service or any of its services following the posting of any changes shall constitute your acceptance of the modifications, alterations and/or updates made.

GOVERNING LAWS

The laws of the state of New York and the United States govern these Terms of Service and any claims arising out of or relating to use of the Service, without giving effect to any choice of law rules. We make no representation that the Service are appropriate, legal or available for use outside of the United States. With the exception of any matters subject to arbitration as described above, the state and federal courts located in the Borough of Manhattan, New York will serve as SLF for any actions brought, or claims made, arising out of your use of the Service.

COMPLIANCE WITH LAWS

You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements.

ELECTRONIC COMMUNICATIONS

When you send us e-mails with comments, questions, and/or suggestions, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Service, as deemed appropriate in the sole discretion of SLF. By agreeing to these Terms of Service or using any Service, you consent to receive all communications via electronic means using the contact information you provide to us.

NO AGENCY; NO EMPLOYMENT

No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms of Service.

OTHER TERMS

If any provision of these Terms of Service is determined by a court of law to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable while as closely as possible reflecting the original intentions of SLF.

You agree that these Terms of Service and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition or otherwise. These Terms of Service shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a contributor to the Service. You agree and understand that these Terms of Service together with any other applicable click- through agreements you may have entered into regarding the Service, constitutes the entire agreement between you and SLF regarding your use of the Service, and that any other prior agreements between you and SLF are superseded by these Terms of Service. Any failure by SLF to exercise its rights under these Terms of Service or to enforce the terms hereof will not constitute a waiver of those rights. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or relating to these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

CONTACT US

If you have any questions about these Terms of Service, please feel free to contact:

Site Level Financial LLC
5900 Balcones Drive #25949, Austin, TX 78731
info@sitelevelfinancial.com

NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California users of the Service are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952- 5210.

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