Terms of Service
ACCEPTANCE OF TERMS
Welcome to Silver Rock Funding, LLC ("Silver Rock")!
Silver Rock provides Services (as described below) to you subject
to the following terms of service ("TOS" or this "Agreement"), which may be
updated from time to time without notice to you. You can review the most
current version of the TOS at any time at: https://silverrockfunding.com/terms.
By accessing the Silver Rock website, currently located at www.silverrockfunding.com (the
"Site") and using the Service, you accept and agree to be bound by the TOS. IF
YOU DO NOT AGREE TO BE BOUND BY THE TOS, PLEASE DO NOT ACCESS THE SITE AND USE THE
Silver Rock matches qualified small business owners (our
"Customers") with banks, credit unions, and alternative lending sources
("Funding Sources"). Through proprietary matching technology and techniques,
Silver Rock Funding helps our Customers identify business loan products ("Financing
Options") and Funding Sources to suit their needs. Silver Rock is not a lender
and makes no lending decisions. Rather, Silver Rock helps Customers review
various Financing Options and package the necessary application materials. It
is entirely the Customer's decision whether to accept a Financing Option
offered by a Funding Source.
- a. Information Submitted. You agree to provide accurate
information when using the Service. You further agree to promptly update
your information whenever the information provided to us is no longer accurate.
You are solely responsible for, and assume all liability
regarding, the information and content you provide through your use of the Service.
- b. Risk Assumption. You assume all risk when using the
Service, including but not limited to, all of the risks associated with any Financing
Option or Funding Source to which you are matched or referred. Each Funding
Source has its own criteria and terms. Please review the terms of your
Financing Options very carefully. You are responsible for what you agree to!
- c. No Guarantees. We may not be able to match
you with a Funding Source, and not every match results in funding.
- d. Legal Purpose. You may not use the Site or Service for
any illegal purpose. You will only use the Site or Service in accordance with
federal, state and local laws. You may not use the Site or Service, if
(i) you are not of legal age to form a binding contract with Silver Rock; (ii)
you are prohibited by law from using the Service; or (iii) you are not a U.S.
CUSTOMER INFORMATION AND PRIVACY
http://silverrockfunding.com/privacy), which is incorporated by reference into
of information provided by you. By using the Site or Service, you agree
- a. No Warranties. SILVER ROCK PROVIDES THE SERVICE ON AN
"AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES
OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO
THE SERVICE OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN),
INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT. SILVER ROCK DOES NOT WARRANT THAT YOUR USE OF THE
SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR- FREE OR WILL
MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ADVICE OR
INFORMATION PROVIDED BY SILVER ROCK SHALL CONSTITUTE ANY WARRANTY WITH RESPECT
TO YOUR USE OF THE SERVICE. SILVER ROCK DOES NOT GUARANTEE OR ASSUME ANY
RESPONSIBILITY FOR ANY SERVICES ADVERTISED OR OFFERED BY ANY THIRD PARTY.
SILVER ROCK MAKES NO GUARANTEE AS TO THE NUMBER OF FUNDING SOURCES WITH WHOM
YOU MAY BE MATCHED USING THE SERVICE, NOR DOES SILVER ROCK GUARANTEE THAT YOU
WILL BE ABLE TO OBTAIN BUSINESS FUNDING IN ANY AMOUNT USING THE SERVICE.
YOU UNDERSTAND AND AGREE THAT SILVER ROCK IS NEITHER A FUNDING SOURCE NOR A
FINANCIAL ADVISOR, AND THE SERVICE IS NOT INTENDED TO BE A SUBSTITUTE FOR
PROFESSIONAL FINANCIAL ADVICE.
- b. Limitation of Liability. IN NO EVENT WILL SILVER ROCK,
ITS SUBSIDIARIES, PARTNERS OR AFFILIATES, BE LIABLE TO YOU FOR ANY INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE
USE OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT
OF SUBSTITUTE SERVICES, EVEN IF SILVER ROCK KNOWS OR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL SIVER ROCK´S AGGREGATE
LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THE SERVICE EXCEED
THE AMOUNT OF $5000.00.
- c. No Liability for non-Silver Rock Funding Actions. IN NO
EVENT WILL SILVER ROCK BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT,
INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL,
ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANY THIRD-PARTY (INCLUDING
FUNDING SOURCES) IN CONNECTION WITH THE SERVICES.
agree to release, indemnify, and hold harmless Silver Rock and its officers,
directors, employees, agents and affiliates from and against any claims,
liabilities, damages, losses, and expenses, including, without limitation,
reasonable legal and accounting fees, arising out of or in any way related to:
(a) your access to, use of, or inability to use the Site or Service; (b) your
violation of these TOS; (c) your violation of any rights of a third party; (d)
your interaction with any Funding Source; (e) any duties, responsibilities, or
obligations you may have to a Funding Source; (f) your violation of any
applicable law; (h) your failure to provide and maintain true, accurate,
current and complete application information and account information.
6. TERM AND TERMINATION
Agreement shall commence on the date you first access the Site or use the
Service and remain in effect until terminated as follows: (i) Silver Rock may
terminate this Agreement at any time in its sole discretion; (ii) you may
terminate this Agreement at any time by ending your use of the Site and the
Services and notifying Silver Rock at firstname.lastname@example.org. Sections
3, 4, 5, and 7 shall survive termination of this Agreement.
7. GENERAL PROVISIONS
Controlling Law and Jurisdiction. This Agreement
will be deemed entered into in Virginia and will be governed by and interpreted
in accordance with the laws of the State of Virginia. The parties agree
that any dispute arising under this Agreement will be resolved in the state or
federal courts in Alexandria, Virginia, and the parties hereby expressly
consent to jurisdiction therein. The parties irrevocably agree to waive any
and all rights to a trial by jury.
Agreement comprises the entire agreement between you and Silver Rock regarding
the use of the Service, superseding any prior agreements between you and Silver
Rock Funding related to your use of this Site or Services (including, but not
limited to, any prior versions of these TOS). The FAQ´s found on the Site are
for informational purposes only and are not deemed to be part of this Agreement.
The failure of Silver Rock to exercise or enforce any right or provision of
this Agreement does not constitute a waiver of such right or provision. If any
provision of this Agreement is held invalid, the remainder of this Agreement
will continue in full force and effect. Regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to the use
of the Site, the Service, or this Agreement must be filed within one (1) year
after such claim or cause of action arose or be forever barred. The section
titles in this Agreement are for convenience only and have no legal or
This Agreement was last revised on March 30, 2014.