Last Updated: October, 2024
Welcome to Jacobs Family Advisors LLC. These Terms of Service govern the use of the websites (collectively, "Website" or "Site") and online and mobile services of Jacobs Family Advisors LLC ("Jacobs Family Advisors LLC," "we" or "us") and its subsidiaries, including our small business financing products and services (collectively, "Services") by clients, customers, and users (collectively, "Users" or "you").
These Terms of Service constitute a binding legal agreement. Please read this agreement carefully to ensure that you understand each provision. If you do not agree to any of these terms, please do not use the Website or the Services.
By using and/or visiting this Website and/or using any of our Services, you acknowledge that you have read, understood, and agree to be bound by this Terms of Service agreement ("Terms of Service" or "Agreement") and to the collection and use of your information as set forth in our Privacy Policy. This Agreement applies to all visitors, users, and others who access the Service ("Users").
By using and/or visiting this Website and/or using any of our Services, you further consent to the conduct of business with Jacobs Family Advisors LLC by electronic and digital means, including without limitation email, e-signatures, and e-payments as applicable.
In addition to these Terms of Service, any request for small business financing is also subject to a separate Business Finance Terms and Conditions agreement ("Terms and Conditions"), that will be provided to you, and that you must agree to, when you submit documentation in connection with any funding application on behalf of your business ("Request for Funding").
Jacobs Family Advisors LLC reserves the right to make unilateral modifications to these Terms of Service and/or the Terms and Conditions and will provide notice of these changes as described below. Each modification will be effective upon posting on this Site. You agree to be bound to any changes to this Agreement when such modification is posted on the Website. If you do not agree to any of these terms, then please do not use the Website or the Services.
You may use the Service only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.
By accessing the Services, you represent that you are 18 years of age or older. Any use of or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. Your profile will be deleted, and your access to Services may be terminated without notice if Jacobs Family Advisors LLC believes, in its sole discretion, that you are less than 18 years of age. The Service is not available to any Users previously removed from the Service by Jacobs Family Advisors LLC.
Jacobs Family Advisors LLC does not tolerate discrimination or any action having a discriminatory or discouraging impact, on any basis prohibited under applicable law, including but not limited to race, sex (including childbearing capacity), sexual orientation, gender identity or expression, military or veteran status, disability, HIV or AIDS status, national origin, ancestry, creed, religion, familial status, marital or civil union status, political affiliation, receipt of pension benefits, receipt of child support, receipt of public assistance, the use or nonuse of a spouse's surname, age (provided the applicant has the capacity to contract), or any other basis that has no economic basis. In addition, all lenders and funders using Jacobs Family Advisors LLC's platform to provide small business financing must comply with our antidiscrimination policy and applicable state and federal laws.
You are solely responsible for the activity that occurs in your account, and you must keep your account up to date and your computer or mobile device secure. You must notify Jacobs Family Advisors LLC immediately of any change in any of your information and documents that you upload onto our platform, or in the case of a breach of security or unauthorized use of your account. You accept sole responsibility for all of your activities using the Service and you may never use another User's account. Jacobs Family Advisors LLC will not be liable for any inaccuracy contained in your personal or account information or relating to the use of your account.
You acknowledge that the Service is subject to certain limitations and may not be available in your jurisdiction. Jacobs Family Advisors LLC does not offer small business financing in Nevada, North Dakota, and South Dakota. Small business financing may also be subject to certain limitations on a state-by-state basis. You also agree to access and use all Services relating to small business financing in accordance with our Business Finance Terms.
You will not use the Services for any unauthorized or unlawful purpose. You agree not to engage in any of the following prohibited activities:
Jacobs Family Advisors LLC cares about user privacy. By using the Website or any Services, you consent to the collection, use, and disclosure of your personally identifiable information, and to have your personally identifiable information collected and used by Jacobs Family Advisors LLC and its subsidiaries as provided in our Privacy Policy.
By providing Jacobs Family Advisors LLC with your email address and/or phone number, you consent to Jacobs Family Advisors LLC using the email address and/or phone number for calls or text (SMS) messages to send you notices related to the Services, including any notices required by law. Notices or communications may also be sent via email to josh@jacobsfamilyadvisors.com.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your internal business use only and as permitted by the features of the Service, including Services relating to any Request for Funding ("Business Finance Services"). Jacobs Family Advisors LLC reserves all rights not expressly granted herein in the Service and the Jacobs Family Advisors LLC Content (as defined below). Jacobs Family Advisors LLC may terminate this license at any time for any reason or no reason. Jacobs Family Advisors LLC may include commercial opportunities or content in any product, services, image, or webpage.
If you wish to access case studies, financial calculator tools, the Newsletter, Small Business Lending IndexTM ("SBLI" or the "Index"), the Knowledge Center, or simply browse the Jacobs Family Advisors LLC Site, no prior registration is required. However, if you wish to use any other Services, including without limitation DocVaultTM, BizAnalyzerTM, the business funding and credit Dashboard, Business Finance Services, or participate in Community features, you must register with Jacobs Family Advisors LLC.
Through its online and mobile digital platform, Jacobs Family Advisors LLC offers small business financing products through a direct funding subsidiary and third-party lenders and funders. In order to access our small business financing Services, you must also agree to our Business Finance Terms, which will be provided to you as part of the financing application process.
You can use software to access the Service via a mobile device ("Mobile Software"). To use the Mobile Software, you must have a mobile device that is compatible with the Mobile Software. Jacobs Family Advisors LLC does not warrant that the Mobile Software will be compatible with your mobile device. Jacobs Family Advisors LLC hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Jacobs Family Advisors LLC account on one mobile device owned or leased solely by you, for your personal use.
You may not:
You acknowledge that Jacobs Family Advisors LLC may from time to time issue upgraded versions of the Mobile Software and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades.
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the "Jacobs Family Advisors LLC Content"), and all intellectual property rights related thereto, are the exclusive property of Jacobs Family Advisors LLC and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any Jacobs Family Advisors LLC Content.
The Website may contain messaging features that allow users to post, submit, publish, display, or communicate with Jacobs Family Advisors LLC or other Users (hereinafter, "post") content or materials (collectively, "User Content").
Any User Content you post to the Service will be considered non-confidential and non-proprietary. By providing any User Content on the Site, you grant to Jacobs Family Advisors LLC and its licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material. You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. Jacobs Family Advisors LLC reserves the right, but has no obligation, to monitor communications between you and other Users.
You may choose, or Jacobs Family Advisors LLC may invite you, to submit comments or ideas about the Services, including without limitation how to improve the Service or Jacobs Family Advisors LLC products ("Suggestions"). By submitting any Suggestion, you agree that your disclosure is gratuitous, unsolicited, and without restriction, and will not place Jacobs Family Advisors LLC under any legal obligation.
You agree to defend, indemnify, and hold harmless Jacobs Family Advisors LLC and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:
To the maximum extent permitted by applicable law, in no event shall Jacobs Family Advisors LLC, its affiliates, agents, directors, employees, subsidiaries, suppliers, or licensors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, or inability to use, this Service. Under no circumstances will Jacobs Family Advisors LLC be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service, your account, or the information contained therein.
To the maximum extent permitted by applicable law, Jacobs Family Advisors LLC assumes no liability or responsibility for any:
In no event shall Jacobs Family Advisors LLC, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding $1,000.00.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Jacobs Family Advisors LLC has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
By using our Services, including submitting an application for small business financing, you expressly acknowledge and agree that Jacobs Family Advisors LLC does not represent, warrant, or guarantee that you will qualify for or obtain a business funding or other business funding product. In addition, Jacobs Family Advisors LLC does not represent, warrant, or guarantee that you will qualify for or obtain a business funding or other business funding product in the amount requested or at all. In all cases, credit, lending, and funding decisions are made only by the funder at its sole discretion.
The Services are provided on an "as is" and "as available" basis and, to the maximum extent permitted by applicable law, they are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Jacobs Family Advisors LLC, its subsidiaries, affiliates, and licensors do not warrant that the content is accurate, reliable, or correct; that the Services will meet your requirements; that the Services will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Services is downloaded at your own risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Services.
Jacobs Family Advisors LLC does not warrant, endorse, guarantee, or assume responsibility for any product or service offered by a third party, and Jacobs Family Advisors LLC will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of Jacobs Family Advisors LLC on Jacobs Family Advisors LLC's servers. You agree that Jacobs Family Advisors LLC has the absolute right to manage, regulate, control, modify, and/or eliminate any such data as it sees fit in its sole discretion, in any general or specific case, and that Jacobs Family Advisors LLC will have no liability to you based on its exercise of such right.
All data on Jacobs Family Advisors LLC's servers are subject to deletion, alteration, or transfer. Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, account history, and account content residing on Jacobs Family Advisors LLC's servers may be deleted, altered, moved, or transferred at any time for any reason in Jacobs Family Advisors LLC's sole discretion, with or without notice and with no liability of any kind. Jacobs Family Advisors LLC does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on Jacobs Family Advisors LLC's servers.
You agree that: (i) the Service shall be deemed solely based in Florida; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Florida. This Agreement shall be governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. ยงยง 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
You agree to submit to the personal jurisdiction of the federal and state courts located in Palm Beach County, Florida for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Palm Beach County, Florida is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
At Jacobs Family Advisors LLC ("Company"), we are committed to providing exceptional service and maintaining positive relationships with our clients. However, if any disputes, claims, or disagreements arise related to these Terms of Service, the services provided, or any aspect of the relationship between us, both you ("Client") and the Company agree to resolve such disputes exclusively through binding arbitration, as outlined below.
Before initiating arbitration, you must first attempt to resolve any disputes directly with Jacobs Family Advisors LLC. We believe that most issues can be resolved efficiently through open communication. To this end, you agree to contact us at Josh@jacobsfamilyadvisors.com and provide a detailed written description of your claim, allowing us at least 60 days to attempt a resolution. Only after these efforts have been exhausted may you proceed to arbitration.
Arbitration is a private process that helps resolve disputes outside of court. It is often faster, less formal, and more cost-effective than litigation. By agreeing to this arbitration clause, both parties commit to resolving disputes through arbitration, not the courts. This applies to any claim, regardless of whether it arises from contract, tort, statute, fraud, or another legal basis.
To keep the process clear and focused, both you and the Company agree that any arbitration will be conducted on an individual basis. You will not participate in any class action, collective, or representative lawsuit, and the arbitrator will not have the authority to preside over any such actions.
Arbitration will take place in Boca Raton, Palm Beach County, Florida, unless another location is mutually agreed upon. The arbitration will follow the rules set forth by the American Arbitration Association (AAA) or another arbitration provider mutually agreed upon by both parties. This arbitration agreement is governed by the Federal Arbitration Act (FAA) and applicable Florida law.
Each party will be responsible for their own attorneys' fees and costs. However, Jacobs Family Advisors LLC will cover the administrative costs of arbitration. If the arbitrator determines that a claim was frivolous or made in bad faith, you may be required to reimburse the Company for reasonable attorneys' fees and costs, in accordance with applicable law.
If you prefer not to agree to this arbitration clause, you have the option to opt out. To do so, you must send a written notice to josh@jacobsfamilyadvisors.com within 30 days of accepting these Terms of Service. Opting out will not affect any other provisions of these Terms of Service.
If any part of this arbitration agreement is found to be unenforceable or invalid, the remaining provisions will remain in effect. Any unenforceable provision will be interpreted to most closely reflect the original intent, in line with applicable law.
With respect to all persons and entities, regardless of whether they have obtained or used the Service for personal, commercial, or other purposes, all claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action, or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person's claims. You agree that, by entering into this Agreement, you and Jacobs Family Advisors LLC are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
Jacobs Family Advisors LLC may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Jacobs Family Advisors LLC in our sole discretion. Jacobs Family Advisors LLC reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Jacobs Family Advisors LLC is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
Jacobs Family Advisors LLC may, in its sole discretion, modify or update this Agreement from time to time, and you should review this page periodically. When we change the Agreement in a material manner, we will update the 'last modified' date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.
This Agreement, together with any amendments and any additional agreements you may enter into with Jacobs Family Advisors LLC in connection with the Service, shall constitute the entire agreement between you and Jacobs Family Advisors LLC concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Jacobs Family Advisors LLC's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Jacobs Family Advisors LLC without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Please contact us at josh@jacobsfamilyadvisors.com with any questions regarding this Agreement.
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