Terms of Use
This Terms Conditions covers the following topics:
1. Ownership of Site; Agreement to Terms of Use
The Excell Advance service and website (each as defined below) are operated by Excell Advance, its parents, subsidiaries, and affiliates doing business under the Excell Advance brand (collectively, “Excell Advance,” “we,” “our,” or “us”). Excell Advance is in the business of providing customers with small business loans, lines of credit, servicing credit, and related services (the “Service” or “Services”). Excell Advance is not an investment advisor or financial planner, and we do not provide financial, securities, legal, or tax advice. Before making any decision or implementing any strategy you should consider obtaining additional information and advice from your accountant, attorney, and/or other advisors. “You” is defined as the individual using the Website (defined below) and the company engaging with the Services. Unless otherwise noted, any agreements, authorizations or consents made by you or permissions granted to you hereunder also apply and are binding on your company seeking our Services.
By using the information, tools, features, and functionality located at excelladvance.com or subdomains (the “Website”) or by submitting an application for credit to Excell Advance, you signify that you have read, understand, and agree to be bound by these Terms of Use (the “Agreement”). You further agree all information being provided by your company as the borrower and/or by you (either as a guarantor or as an authorized representative of your company) as part of the application process or use of Excell Advance’s Services is accurate and complete.
You may not use the Services if you are under 18 years of age. BY USING THE WEBSITE OR APPLYING FOR OR USING ANY OF THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE OR THAT YOU ARE AT LEAST THE MINIMUM AGE THAT IS REQUIRED IN YOUR STATE AND ARE A LEGAL RESIDENT OF THE UNITED STATES. You further represent that you have the capacity to bind the company or entity applying for credit, on behalf of such company or entity. You understand that (a) we will require you to sign a personal guarantee for the credit obtained by your company from Excell Advance, and (b) for term loans, we will take a general lien on your business’s assets. Before you use the Services or submit an application to Excell Advance, you should print or save a copy of this Agreement for your records.
In addition to this Agreement, you and your company may enter into other agreements, including but not limited to a loan agreement or promissory note that will govern the terms of your company’s loan or line of credit and use of the Service (“Additional Agreement(s)”). Any Additional Agreements are intended to be in addition to this Agreement, which shall remain in full force and effect. If there is a conflict between this Agreement and any Additional Agreement, such Additional Agreement shall govern with respect to those specific aspects, and shall not otherwise affect the validity of any other aspect of this Agreement.
2. Modifications
Excell Advance may make changes to this Agreement from time to time at our sole discretion. When we do this, the Last Updated date at the top of this page will be updated indicating when the latest revisions were made. Your continued use of the Services or the Website after update will constitute acceptance of such revisions. We may notify you of changes, but have no obligation to do so and you should periodically visit this page to review any changes to this Agreement as they are binding upon You regardless of whether You actually received notice from Excell Advance regarding modifications.
Credit and Background Check Authorization
You understand and agree that if you submit an application to Excell Advance, Excell Advance and our agents, affiliates and assignees are authorized to contact third parties to conduct background checks and other investigative reports, and obtain any other document or data that we reasonably believe may be necessary to determine your eligibility for an extension of credit, including but not limited to your business credit card sales data as described below, and make credit report inquiries (including requesting personal credit bureau reports about you and any other owner(s) of the business who will be providing a personal guarantee, and business credit bureaus about your company, in either case, from credit reporting agencies and other sources) or for any other lawful purpose. Excell Advance has such authority for the foregoing in connection with any extension of credit to the company on whose behalf you are applying, conducting loan file updates, ongoing loan reviews, renewal of financing, or referral of your business to third-party lenders. This includes, but is not limited to, ongoing credit checks and reviews of electronic bank data. Further, Excell Advance’s affiliates may also contact third parties for the purpose of obtaining background checks, other investigative reports, or any other document or data that we reasonably believe may be necessary to determine your eligibility for an extension of credit, and may further make credit report inquiries as described in this paragraph to determine whether you qualify for an extension of credit, or for any other lawful purpose. Upon your written request, we will advise you if we obtained a credit report. You understand and agree that Excell Advance is making no commitment or guarantee that any product, evaluation, or guidance provided by Excell Advance will result in an approval of credit from Excell Advance or any Excell Advance lending partner.
Registration
While you may use the Website or Services without registering, certain functionalities or areas of the Website require you to register and create a username and password in order to access such portions of the Website. You may not share your username or password with others. You are solely responsible for (i) authorizing, monitoring, and controlling access to and maintaining the confidentiality of your username and password; (ii) informing us, in writing, of any need to deactivate a username due to security, confidentiality, or other concerns; and (iii) any charges or damages that may be incurred by use of your username or password, for any reason, until such time as you tell us to deactivate your account or other such notification that your account has been compromised or such other unauthorized use. We are not liable for any harm related to any authorized or unauthorized use of your username or password.
Information Collected and Used
For information about Excell Advance’s data collection, protection, and sharing practices, please read our Privacy Policy, which can be accessed on the Website, as modified from time to time, which is hereby incorporated into this Agreement. The Privacy Policy explains how Excell Advance collects and treats your personal and company information, and protects your privacy, when you access Excell Advance, the Website, or otherwise use the Services. The policy may be updated from time to time at our sole discretion. Changes will be effective upon posting to the Website. Your continued use of the Website or the Services constitutes your consent to the terms of the Privacy Policy as it exists on the date you access the Website or utilize the Services.
Information You Provide to Us
We collect information that you provide to us, for example when you create or modify your account, register to use the Website, purchase products or services from us, request information from us, contact customer support, or otherwise communicate with us. This information may include: name; home address; email address; home, work, and mobile telephone numbers; bank and/or other account numbers; financial information; date of birth; Social Security Number; and driver’s license or other national, state, or government ID numbers.
Information We Collect Automatically
Location / Geolocation Information and Your Internet Protocol (IP) address.
Information We Collect Through Your Use of the Website
Google Analytics: We use Google Analytics, a web analytics service provided by Google, Inc. Google Analytics uses Cookies or other tracking technologies to help us analyze how users interact with the Site and Services, compile reports on their activity, and provide other services related to their activity and usage. The technologies used by Google may collect information such as your IP address, time of visit, whether you are a returning visitor, and any referring website. The information generated by Google Analytics will be transmitted to and stored by Google and will be subject to Google’s privacy policies.
FullStory: We use a third-party analytics provider, FullStory, Inc., to enable us to monitor and improve the user experience. FullStory uses cookies and similar technologies to collect information, such as IP address, referring URL, device information (e.g., operating system), and information on user behavior (e.g., pages visited, links clicked, information entered, and mouse movements).
LiveRamp Authenticated Traffic Solution: When you use our website, we share information that we collect from you, such as your email (in hashed form), IP address, or information about your browser or operating system, with our identity partners/service providers, including LiveRamp. These partners return an online identification code that we may store in our first-party cookie for our use in online, in-app, and cross-channel advertising.
Other Types of Collecting Activities: The Site and Services may use Cookies and similar technologies third-party vendors provide to collect information on user behavior (e.g., screens and pages visited, buttons and links clicked, limited information entered, and user taps and mouse movements). This information enables us to monitor and improve the user experience.
Advertising: We may use how you browse and shop in order to show you ads for Excell Advance that are more relevant to your interests.
6. Use of the Website; Acceptable Use
You may use the Website solely for lawful purposes and in accordance with this Agreement. You agree not to:
- Use the Website in any manner that could disable, overburden, or impair the site or interfere with any other party’s use of the Website;
- Use any automated device, script, or process to access, scrape, or collect data from the Website for any commercial purpose without our prior written consent;
- Attempt to gain unauthorized access to the Website, other accounts, computer systems, or networks connected to the Website through hacking, password mining, or any other means;
- Use the Website in violation of any local, state, national, or international law; or
- Use the Website in any way that could damage, disable, overburden, or impair Excell Advance or any third party.
Excell Advance reserves the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
7. Third-Party Websites
The Website may include links to other websites that are not owned or controlled by Excell Advance. We do not endorse or assume any responsibility for any third-party sites, information, materials, products, or services. If you access a third-party website from the Website, you do so at your own risk, and you agree that Excell Advance is not responsible or liable for any damages or losses arising from your use of such sites.
8. Intellectual Property
The Website and all materials, content, and functionality contained therein, including text, graphics, logos, images, designs, audio, video, and software (collectively, the “Content”) are owned by Excell Advance or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. Except as expressly authorized in writing by Excell Advance, you may not copy, reproduce, modify, distribute, display, or create derivative works of any Content.
All trademarks, service marks, logos, trade names, and other proprietary designations of Excell Advance displayed on the Website are registered and unregistered marks of Excell Advance. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Website without the written permission of Excell Advance or such third party that may own the marks.
9. Security
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to immediately notify Excell Advance of any unauthorized use of your account or any other security breach. Excell Advance will not be liable for any loss or damage arising from your failure to comply with this Section.
10. Disclaimers; No Warranty
THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. EXCELL ADVANCE DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
EXCELL ADVANCE MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT, INFORMATION, OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE OR ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, EXCELL ADVANCE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING FROM:
- YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE OR SERVICES;
- ANY CONTENT OBTAINED FROM THE WEBSITE OR THROUGH THE SERVICES; OR
UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL EXCELL ADVANCE’S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE WEBSITE OR SERVICES EXCEED THE AMOUNT YOU HAVE PAID, IF ANY, TO EXCELL ADVANCE FOR THE SERVICES DURING THE SIX (6) MONTHS PRIOR TO THE CLAIM.
12. Indemnification
You agree to defend, indemnify, and hold harmless Excell Advance, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including reasonable attorneys’ fees) arising from:
- Your use of and access to the Website or Services;
- Your violation of any term of this Agreement;
- Your violation of any third-party rights, including intellectual property, privacy, or publicity rights; or
- Any claim that your content caused damage to a third party.
Excell Advance reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with Excell Advance.
13. Termination
Excell Advance may, in its sole discretion, suspend or terminate your access to all or part of the Website or Services at any time, with or without notice, for any reason, including violation of this Agreement. Upon termination, your right to use the Website or Services will immediately cease, and you must delete all downloaded or printed materials obtained from the Website.
Sections that by their nature should survive termination, including Intellectual Property (Section 8), Disclaimers (Section 10), Limitation of Liability (Section 11), Indemnification (Section 12), and Governing Law (Section 17), shall survive any termination of this Agreement.
14. Governing Law
This Agreement and any disputes arising out of or relating to it or the Website shall be governed by and construed in accordance with the laws of the state or jurisdiction in which Excell Advance is headquartered, without regard to its conflict of law principles.
15. Dispute Resolution; Arbitration
You agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the Website shall be resolved first through good faith negotiation. If negotiation fails, disputes shall be resolved by binding arbitration administered by a recognized arbitration body, in accordance with its rules, and judgment on the award may be entered in any court having jurisdiction.
The arbitration shall be conducted in the state or jurisdiction in which Excell Advance is headquartered, and each party shall bear its own costs and attorneys’ fees unless otherwise determined by the arbitrator.
16. Waiver and Severability
No waiver by Excell Advance of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
17. Modifications to Terms
Excell Advance reserves the right to modify or update these Terms of Use at any time without prior notice. Your continued use of the Website following any changes constitutes your acceptance of the revised Terms. We encourage you to review the Terms periodically for updates.
18. Entire Agreement
This Agreement constitutes the entire agreement between you and Excell Advance regarding the use of the Website and Services and supersedes all prior or contemporaneous communications, whether electronic, oral, or written.
19. Contact Information
If you have any questions about these Terms of Use, please contact Excell Advance at:
Excell Advance