Our Terms of Service

1. Service Description and Use

Scope of Service: sbaloansHQ provides a cloud-based platform for customer relationship management (CRM), loan origination workflow, client portals, document collection, and deal pitch summaries related to Small Business Administration (SBA) loans. Our Service facilitates interactions between brokers, lenders, and borrower clients by organizing loan application data and documentation. However, sbaloansHQ is not a lender, financial institution, or law firm, and does not itself provide loans or legal advice. We act solely as a software provider and intermediary to streamline loan processes. Any agreements or transactions for loans or financial products are solely between you (and/or your clients) and the third-party lender or institution. sbaloansHQ does not guarantee that using the Service will result in any loan approval or any particular financial outcome, and any loan decisions are made by independent third-party lenders, not by sbaloansHQ.

No Professional Advice: All information, tools, and materials provided through the Service are for informational and organizational purposes only. Nothing on our platform constitutes legal, financial, or tax advice. You are responsible for your own decisions and should seek qualified professional advice where appropriate. We do not guarantee the accuracy or completeness of any information entered into or generated by the Service, and you use such information at your own risk. Your use of sbaloansHQ does not create any fiduciary or professional advisory relationship between you and the Company. We specifically disclaim any liability for actions you take based on information or tools obtained through the Service, which are not intended to be and do not constitute financial or legal advice.

Sandbox Demo Account: We may offer a sandbox or demo trial account to allow you to evaluate the Service’s features. Such demo accounts are for evaluation purposes only and may have limited functionality or data retention. We may modify or terminate demo accounts at any time. Do not input real, sensitive personal data into a demo environment, as its primary purpose is testing. We are not liable for any loss of data or content submitted in a sandbox or trial account. If you exceed the trial’s limits or timeframe, we reserve the right to terminate the trial or require you to upgrade to a paid subscription to continue using the Service

2. Changes to Terms and Services

We reserve the right to modify these Terms at any time to accommodate changes in the Service, applicable laws, or operational requirements. Modifications will be communicated via email, or other appropriate channels. Your continued use of sbaloansHQ after any modifications constitutes your acceptance of the revised Terms. If you do not accept a change to the Terms, you must discontinue use of the Services immediately.

3. SbaloansHQ Account and Registration: Access and Use

To ensure a safe and personalized user experience, SbaloansHQ requires all users to register an account to access our services. By creating an account, you confirm your eligibility and agree to comply with these Terms.

• i. Eligibility: To register for an account or use the Services, you must, and hereby, represent that you will use the Services as intended only. You also represent that you are an individual who is 18 years or older (or has otherwise reached the age of majority in the jurisdiction). If you are using the Service on behalf of a company or other organization, you represent that you have authority to bind that entity to these Terms, and “you” will refer to that entity. sbaloansHQ is currently available for use within the United States only, and we do not warrant or imply availability or compliance of the Service in other jurisdictions. SbaloansHQ also enforces a one-account policy, meaning you may not create or maintain more than one active account at a time. If you have previously been removed from SbaloansHQ, you may only create a new account if you have obtained explicit written permission from SbaloansHQ.
• ii. Account registration and acceptance: To access certain features of the Services, you must register for an account and complete your profile with the necessary information. When creating an account, you are required to provide accurate and up-to-date details, including your full name, valid email address, and any additional information as needed. During the registration process, the information you provide is utilized to create a personalized account experience. SbaloansHQ reserves the right to decline any registration without obligation to specify reasons in compliance with applicable laws.
• iii. Username, passwords, and account security: To create an account, you must choose a username and password. You are responsible for creating a strong password and maintaining the security of your login details. You are solely responsible for keeping your account, username, and password confidential, as well as all activities associated with your account. Do not share your login information with third parties, as you will be held responsible for all activities on your account, whether or not you are aware of them. You must notify us immediately of any unauthorized account use or security breaches. Additionally, ensure you log out after each session. You represent and warrant that your account information will always be accurate. If any information is found to be false, incomplete, or violates these Terms, we may suspend, terminate, or block your access to the Service. We are not responsible for any loss or damage resulting from your failure to comply with these requirements or unauthorized account use before you notify us. You may not transfer your account or use another person's account without their permission

4. Intellectual Property Rights, License, and Restrictions

Intellectual property rights: The Service (including all software, code, content, visual interfaces, text, graphics, logos, images, and all other components and materials of sbaloansHQ) is owned by the Company and its licensors, and is protected by intellectual property laws. The Company retains all right, title, and interest in and to the Service, including all associated intellectual property rights (such as copyrights, trademarks, trade secrets, and patents). sbaloansHQ™, the sbaloansHQ logo, and any other product or service names or slogans we may use are our trademarks. Except for the limited use rights expressly granted to you in these Terms, no license or rights in any intellectual property are granted to you, and we reserve all rights not expressly granted. You may not remove, alter, or obscure any copyright, trademark or other proprietary rights notices on the Service or any content obtained via the Service.articular financial outcome, and any loan decisions are made by independent third-party lenders, not by sbaloansHQ.

License to use the Service and Restrictions: Subject to your compliance with these Terms and payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use sbaloansHQ for your internal business purposes. This license allows you to use the platform’s functionality (for example, to manage loan applications, store documents, communicate with your clients and lender partners) as intended by the Service. You agree not to use the Service for any purpose other than as expressly permitted by these Terms. For clarity, you are not “buying” the software and do not obtain ownership of any part of the Service; rather, you receive the above user rights while these Terms remain in effect. Any software provided is licensed, not sold, and if we provide any client software or mobile applications for use with the Service, such software is only licensed for use in conjunction with the Service and under these same Terms. Any rights not expressly granted herein are reserved by us..

License to use the Service and Restrictions: Subject to your compliance with these Terms and payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use sbaloansHQ for your internal business purposes. This license allows you to use the platform’s functionality (for example, to manage loan applications, store documents, communicate with your clients and lender partners) as intended by the Service. You agree not to use the Service for any purpose other than as expressly permitted by these Terms. For clarity, you are not “buying” the software and do not obtain ownership of any part of the Service; rather, you receive the above user rights while these Terms remain in effect. Any software provided is licensed, not sold, and if we provide any client software or mobile applications for use with the Service, such software is only licensed for use in conjunction with the Service and under these same Terms. Any rights not expressly granted herein are reserved by us..

You may not: (i) remove any copyright, trademark, or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by us; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; or (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services.

5. Subscriptions, Fees, Payment, and Payment Terms

Subscription Plans: sbaloansHQ is offered on a subscription basis, typically charged per authorized user seat on a recurring monthly cycle, or as otherwise specified in your plan. When you sign up, you will select a plan which may define the number of user seats, available features, and billing period. All subscriptions will automatically renew at the end of each billing period (e.g. monthly) for the same term, unless you cancel your subscription in accordance with the cancellation procedure below. If we introduce new tiers or features, these may be offered as separate or upgraded plans with additional terms and fees. We will notify you of any such new offerings and any actions needed to incorporate them into your subscription.

Fees and Billing: You agree to pay all subscription fees and any other charges indicated for your selected plan. Subscription fees are typically billed in advance on a recurring monthly basis, unless otherwise stated for multi-month or annual plans. When you subscribe, you must provide a valid payment method such as a credit card, and you authorize us, or our third-party payment processor to charge your payment method for the initial term and each renewal term until cancellation. Currently, payments are processed via Square; by subscribing, you agree to Square’s payment processing terms and understand that your payment information will be handled by Square. We do not store full credit card numbers on our servers; payment details are securely transmitted to and stored by our payment processor. You are responsible for maintaining up-to-date billing information. If automatic billing fails or your account becomes past due, we may attempt to re-charge the payment method or notify you to provide updated info. We reserve the right to suspend or revoke Service access, including downgrading or disabling your account if fees are not paid on time. You are responsible for any sales, use, value-added, or other taxes or duties imposed by applicable law (except taxes on our income). We will charge tax if required, based on the billing information you provide.

Cancellation Policy: You may cancel your sbaloansHQ subscription at any time through your account settings or by contacting customer support. If you cancel, the cancellation will take effect at the end of your current billing period. You will continue to have access to the Service until the end of the period you’ve paid for, but you will not be charged for the next period. No refunds will be provided for the current billing cycle in which you cancel – in other words, we do not prorate or refund unused time in a month or other subscription term that has already begun. If you cancel mid-month, you will retain access until the end of that month, but will not receive a refund for the remaining days. We do not charge termination fees for cancelling your account, and you can re-subscribe in the future if you choose. However, please note that if you reactivate, new subscription rates or terms at that future time may apply.

Changes to Fees: Our subscription fees and pricing structures may change over time. We may increase fees or introduce new charges for new features. If we change the subscription price of your plan, we will provide advance notice to you either by email or via the Service in accordance with applicable laws. Fee changes will apply at the start of the next renewal period following the notice. If you do not agree with a fee change, you must cancel your subscription before the new fees take effect; otherwise, your continued use of the Service after the price change constitutes your agreement to pay the new amount.

6. Content Ownership and Rights

Intellectual property rights

You retain ownership of all content and data that you or your authorized users submit to sbaloansHQ in the course of using the Service (“User Content” or “Customer Data”). This includes, for example, the information and documents about your borrowers or clients, loan application details, business financial statements, and any other materials you upload or input. We do not claim ownership over your User Content. However, by uploading or entering any User Content, you grant us a license to use, host, reproduce, modify (e.g., for technical processing), and transmit that content solely as needed to provide the Service and fulfill our obligations. For instance, we may copy your files to back them up, display information to users in your account, or send data to a lender at your direction as part of a loan application. This license is worldwide, royalty-free, and sub-licensable to our service providers for the limited purpose of operating and maintaining the Service. We will never use or disclose your content outside of providing the Service except as permitted in these Terms, our Privacy Policy, or with your further consent. You represent and warrant that you have all necessary rights to provide the content that you provide and to grant the above license. If you are providing personal data about third parties (e.g., uploading a client’s personal financial information), you represent that you have obtained all necessary consents from the individual or that you otherwise have a legal basis to provide that data to sbaloansHQ. We will handle personal data in accordance with our Privacy Policy and applicable law, but you are responsible for ensuring that your use of the Service (including your collection of personal data from your clients and inputting it into the platform) complies with any laws applicable to you and your business. 

User Content and Data

If you submit suggestions, ideas, enhancement requests, or other feedback about our Service, you agree that we are free to use and implement such feedback without any compensation or obligation to you. Any improvements or modifications to the Service based on your feedback are owned by us.

SbaloansHQ's Content

All trademarks, logos, graphics, interface elements, and original materials created by or on behalf of SbaloansHQ ("SbaloansHQ Content") remain the exclusive property of SbaloansHQ and its licensors. You may not use, copy, distribute, or modify SbaloansHQ Content without our prior written consent. Unauthorized reproduction or use of SbaloansHQ Content for commercial purposes is a violation of these Terms and may result in legal action.

7. User Conduct, Representation, and Acceptable Use

You hereby represent, warrant, and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the service will be in violation of the rights of any third party, including but not limited to the copyright, trademark, publicity, privacy or other personal or proprietary rights.

Although we are committed to providing a safe user experience, we do not guarantee that the Service, or any content in it, will be safe, error-free, or uninterrupted or that it will be free from bugs or viruses. From time to time, access to the service may be interrupted, suspended, or restricted, including because of a fault, error, unforeseen circumstances, or scheduled maintenance. We shall not be liable to you for any loss or damage that you may suffer as a result of the service being unavailable at any time for any reason.

By using sbaloansHQ, you agree to use the Service only for lawful purposes and in compliance with these Terms. You are strictly prohibited from engaging in any misuse of the Service. In particular, without limitation, you agree that you will NOT:

• i. Violate Laws or Regulations: Use the Service to violate any applicable law, regulation, or rule, or for any unlawful, fraudulent, or deceitful purpose. This includes (but is not limited to) all data privacy laws and financial regulations applicable to the information you input or share. You may not use sbaloansHQ in any manner that would involve dealing in fraudulent loan applications, money laundering, or any other illegal financial activity.
• ii. Infringe Rights: Upload, submit, or share any content that infringes or misappropriates any third party’s intellectual property rights, privacy rights, or other rights. You must have all necessary rights and permissions for any data or documents you input (for example, if you upload a client’s tax returns or personal information, you must have their consent or legal right to do so).
• iii. Distribute Harmful or Offensive Content: Use the Service to transmit any viruses, malware, or other harmful code, or to post/send unlawful, harassing, obscene, defamatory, or otherwise objectionable content. The Service is intended for professional loan-related use; it should not be used to store or disseminate content that is unrelated and harmful or offensive
• iv. Abuse, Interfere, or Disrupt: Engage in any activity that interferes with or disrupts the operation of the Service or the servers and networks used to make the Service available. You agree not to attempt to bypass any security measures, probe or test the vulnerability of our system without authorization, launch any form of denial-of-service attack, or attempt to gain unauthorized access to other users’ accounts or to the underlying software code. Any such attempts are strictly forbidden and may result in termination of your access and legal action.
• v. Spam or Unsolicited Communications: Use the Service to send unsolicited mass communications or spam. For example, you may not use contact information accessed through the Service to send marketing emails to individuals without their consent. You also agree not to use the platform’s messaging or sharing functions in a way that harasses others or spreads fraudulent solicitations
• vi. Overburden or Misuse Resources: Take any action that imposes an unreasonable or disproportionately large load on our infrastructure e.g., automated scraping of data or excessive API calls, if applicable. You agree not to use bots, crawlers, or other automated methods to access or extract data from the Service except as we may allow for integration purposes through documented APIs
• vii. Misrepresent or Impersonate: Misrepresent your identity, or impersonate any person or entity, or falsely imply an affiliation with the Company or Service. This includes not registering accounts under someone else’s name or creating false identities of clients or lenders
• viii. Resell or Unauthorized Framing: Reproduce, duplicate, copy, sell, trade, or resell the Service or any portion thereof without our permission. You may not frame or mirror our application or website, or otherwise exploit the Service for any commercial purpose not expressly permitted by us. (If you are on a plan that includes white-label or branding customization features, you must still abide by any usage guidelines we provide and cannot claim to be the owner/creator of the underlying platform.)

This Acceptable Use Policy is designed to protect the integrity of sbaloansHQ and its user community. If we determine, in our sole discretion, that you have engaged in any prohibited behavior or violated the letter or spirit of these rules, we may suspend or terminate your account without notice and take any appropriate legal action. We also reserve the right to monitor usage and content on the platform to ensure compliance, while respecting our Privacy Policy. You are responsible for ensuring that all users you invite or manage on the platform, such as your employees or clients also abide by these standards.

'Furthermore, it is possible that those other users, including unauthorized users or "hackers", may post or transmit offensive or obscene materials on the services, and you may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about You due to your use of the services, and the recipient may use such information to harass or injure You.'

8. Copyright Infringement and DMCA Notification

SbaloansHQ respects the intellectual property of others and asks its users of the service to do the same. SbaloansHQ Services may not be used to transmit, retransmit, distribute, post, or store any material that violates any rights of any person, including rights protected by copyright, trade secret, patent, or other intellectual property or similar laws or regulations.

SbaloansHQ has established procedures for enforcing this statement, which are designed to be in accordance with the Digital Millennium Copyright Act. If you believe that your copyrighted work has been copied and is accessible on any of our Services in a way that constitutes copyright infringement, please notify us by sending us an email at ask@sbaloanshq.com. 

In order to be valid, the notification must be in writing and must contain the following information and be submitted to us:

• i. a description of the copyrighted content or other intellectual property that you claim has been infringed;"
• ii. a statement by you that you have a good faith belief that the use of this content or intellectual property is not authorized and for which reason;"
• iii. a detailed description of where this content or intellectual property is located on the Service, for us to find it;"
• iv. your address, telephone number, and email address;"
• v. a signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;"
• vi. a statement by you, made under penalty of perjury, that the above information provided by you in the notification is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner
• vii. Misrepresent your identity, or impersonate any person or entity, or falsely imply an affiliation with the Company or Service. This includes not registering accounts under someone else’s name or creating false identities of clients or lenders

Please note that (i) any person who knowingly misrepresents to SbaloansHQ that material is infringing shall be liable to SbaloansHQ and/or the alleged infringer for any damages (including costs and attorneys' fees) suffered or incurred by SbaloansHQ and/or the alleged infringer as a result of SbaloansHQ's reliance on such misrepresentation and removing or disabling access to such material. (ii) Similarly, any person who knowingly misrepresents to SbaloansHQ that the material was removed or access blocked by mistake or misidentification shall be liable to SbaloansHQ and/or the copyright owner or its authorized licensee for any damages (including costs and attorneys' fees) suffered or incurred by SbaloansHQ and/or the copyright owner or its authorized licensee as a result of SbaloansHQ relying on such misrepresentation and replacing such removed or blocked material.

9. Privacy and Data Protection

Your privacy is very important to us. Please review our Privacy Policy, which explains what information we collect from you and your end-users, how we use and protect that information, and the choices you have. The Privacy Policy is incorporated into these Terms by reference. By using the Service, you consent to the collection, use, and sharing of information as described in the Privacy Policy. Given the nature of sbaloansHQ, which involves sensitive personal and financial data, such as Social Security Numbers and tax returns of loan applicants, we implement industry-standard security measures, including encryption to safeguard data. However, you acknowledge that no method of electronic storage or transmission is completely secure, and we cannot guarantee absolute security of data (see “Disclaimers” and “Limitation of Liability” below for more details on our responsibilities and limitations). If you are a business user subject to laws like GDPR or CCPA, we will cooperate with you to meet any applicable compliance requirements, such as executing a data processing addendum if needed. Please read the Privacy Policy for details, including: what data we collect, how we use it, how we share it (we do not sell data to advertisers or third parties for marketing; lenders only receive data you choose to share for loan deals), and your rights regarding your personal information. By continuing to use sbaloansHQ, you agree to the practices described in the Privacy Policy.

10. Violations and Reporting Violations

Users of the Service may receive a warning for violating these Terms or for reported misconduct. Warnings may be sent to the email address linked to the user's account. While warnings do not restrict account activity, they may result in suspension or permanent disablement based on the severity of the violation.

Users of the Service may receive a warning for violating these Terms or for reported misconduct. Warnings may be sent to the email address linked to the user's account. While warnings do not restrict account activity, they may result in suspension or permanent disablement based on the severity of the violation.

11. Release

By using the SbaloansHQ Services, you release and hold harmless SbaloansHQ, its affiliates, officers, directors, agents, subsidiaries, joint ventures, and employees from any claims, demands, or damages, whether known or unknown, arising out of or in connection with disputes or interactions with other users.

12. Non-Discrimination Policy

SbaloansHQ prohibits discrimination against any User or other third party based on race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic protected under applicable law. SbaloansHQ wants all of our users to feel safe and welcome, and we do not tolerate any conduct that we determine to be discriminatory.

13. Links to Third-Party Resources

• Third-Party Services: sbaloansHQ integrates with or uses certain third-party services to function, such as cloud hosting providers and the payment processor (Square) for subscription billing. We may also in the future enable optional integrations with third-party applications (for example, an integration to import financial data from accounting software, or to send documents for electronic signatures). When you use a third-party service within sbaloansHQ, such as making a payment, or if you click a link to an external site (like a lender’s website or resource), you may be subject to terms and privacy policies of those third parties. We are not responsible for the content, terms, policies, or actions of any third-party websites or services. For example, processing of payments is provided by Square – any information you provide to Square is subject to Square’s privacy policy and terms, and we disclaim liability for payment processing issues to the extent they are Square’s responsibility. We provide these integrations and links only for your convenience.
• Links to Other Websites: The Service or users may provide links that lead outside of sbaloansHQ, such as a lender’s portal or a government SBA site. We do not endorse or assume any responsibility for those external sites. If you leave our platform and visit a third-party site, you do so at your own risk, and these Terms and our Privacy Policy no longer apply. We encourage you to review the terms and privacy policies of any third-party sites you visit.
• Third-Party Content: Any information or content publicly posted or privately transmitted through the Service by other users, such as messages, documents, or client data uploaded by your collaborators, is the sole responsibility of the person from whom such content originated. We are not liable for any errors or omissions in content provided by any user or third party, nor for any damages or loss you might suffer in connection with such content. We do not routinely monitor user content, but we reserve the right to remove or disable access to any user content that we deem violates these Terms or is otherwise objectionable.

14. Warranty and Liability Disclaimer

• As-Is Service: : sbaloansHQ is provided on an “AS IS” and “AS AVAILABLE” basis. While we strive to maintain a secure, accessible, and accurate Service, we make no warranty that the Service will meet your requirements or expectations, or that it will be uninterrupted, error-free, or completely secure. All warranties, express or implied, are disclaimed to the fullest extent permitted by law. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that data or content will be stored or preserved for any particular length of time (except as stated in our Privacy Policy or required by law), and you are encouraged to maintain your own backups of important information. Any material or data obtained through the Service is accessed at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results.
• No Guarantee of Results: You acknowledge that sbaloansHQ is a tool to assist with loan origination and client management, but the outcomes such as obtaining loan approvals or closing deals depend on many factors outside our control. We do not guarantee any particular outcome from using the Service. Any financial or business decisions you make using the Service’s data or tools are made at your own risk. The Company is not liable for decisions made by lenders or clients, or for any denial of loan applications, credit determinations, or other results in your business. We also do not guarantee that the Service will identify or prevent mistakes in your loan applications or documentation. You should review all outputs like summaries or forms for accuracy and completeness.
• No Legal or Financial Advice: We reiterate that the Company is not providing professional advice. Any informational content available through the Service is for convenience and should be verified independently. For example, if the Service provides template forms or summary analyses, those are provided as general guidance and not as a substitute for professional advice. You are solely responsible for obtaining appropriate legal, accounting, or financial advice from qualified professionals to evaluate any information from the Service.
• Third-Party Disclaimers: The Company has no control over and assumes no responsibility for any third-party services, content, or data, including that provided by other users, lenders, or partners. We do not warrant or support any product or service provided by a third party, except as expressly stated. Any dealings between you and any third parties, including lenders you connect with or service providers you use in conjunction with sbaloansHQ are solely between you and the third party.
• Certain Jurisdictions: Some jurisdictions do not allow the exclusion of certain warranties or conditions. To the extent such exclusions are specifically prohibited by applicable law, some of the above disclaimers may not apply to you. In such event, the warranties will be disclaimed and limited to the fullest extent permitted by applicable law.

15. Limitation of Liability

IN NO EVENT SHALL SBALOANSHQ, ITS SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR REPRESENTATIVES (THE FOREGOING ENTITIES, COLLECTIVELY, THE "SBALOANSHQ ENTITIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF (A) THIS AGREEMENT, (B) THE SBALOANSHQ WEBSITE, OR (C) YOUR USE OF OR INABILITY TO USE THE SBALOANSHQ SERVICE, IN EACH EVENT, EVEN IF SBALOANSHQ OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 

SBALOANSHQ IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS, OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. SBALOANSHQ IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY, OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER'S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS. IN NO EVENT SHALL SBALOANSHQ'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE ARISING FROM OR RELATED TO THIS AGREEMENT, THE SBALOANSHQ SERVICE, OR YOUR USE OF OR INABILITY TO USE THE SERVICE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THE SERVICE WITHIN THE LAST TWELVE MONTHS OR $100 IF YOU HAVE NOT PAID ANY FEES.

The limitations of liability in this section apply whether the alleged liability is based on contract, tort (including negligence), strict liability, or any other basis, and even if any limited remedy fails of its essential purpose. Because some jurisdictions do not allow the exclusion or limitation of certain damages, in such jurisdictions our liability shall be limited to the fullest extent permitted by law. We do not seek to exclude or limit liability for gross negligence, willful misconduct, or any other liability that cannot be excluded under applicable law. However, to the extent permissible, our liability is limited as set forth above. You acknowledge that the fees paid (if any) for the Service reflect the allocation of risk set forth in these Terms and that the Company would not be able to offer the Service on an economically feasible basis without such limitations.

16. Indemnification

You will indemnify and hold the SbaloansHQ entities harmless from and against any and all claims, actions, demands, causes of action and other proceedings arising from or related to any of the following (the "Claims" ): (a) your misuse of, inability to use, or activities in connection with our website and the services that we offer; (b) any violation of this Agreement or any other terms, conditions or policies by you or through any account you may have with our Service; (c) any transaction; (d) any allegation that any Submission or other materials that you make available through the service infringe or otherwise violate the intellectual property, privacy, or other rights of any third party; or (e) your violation of any rights of any service visitor, user, or any other third party; and you agree to reimburse the SbaloansHQ entities on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys' fees and court costs) as a result of any Claim(s).

17. Termination and Enforcement

• Voluntary Termination by You: You have the right to stop using the Service and may terminate your account at any time. You may delete your account through the user settings or by contacting us with a termination request. Upon your request, we will deactivate your account and delete or anonymize your personal data as described in our Privacy Policy (subject to data retention obligations). Keep in mind that terminating your account will result in losing access to the Service and any data or content stored on the platform (so, if needed, you should export important data before terminating).
• Termination by sbaloansHQ: We reserve the right to suspend or terminate your access to sbaloansHQ (or to certain features) at our sole discretion, at any time, with or without notice, for any reason or no reason. For example, we may terminate or suspend an account if you violate these Terms (or any other policies), if your subscription fees are significantly past due, if we believe your account has been accessed without authorization, or if required by law enforcement. We may also terminate the Service or your account if we decide to cease offering the Service entirely. We maintain the right to terminate any account for any reason whatsoever at our sole discretion, though we will generally provide a reason in good faith. In non-urgent situations of breach, we may provide you with a notice of the breach and an opportunity to cure it before termination, but we are not obligated to do so.
• Effect of Termination: Upon termination of your account (whether by you or by us), your right to use the Service ceases immediately. You must cease all use of sbaloansHQ and refrain from any further access. We may immediately deactivate or delete your account and all associated data. However, we may retain certain data as required for legal compliance or internal business purposes as outlined in our Privacy Policy, e.g., backup copies or transaction records, but such data will no longer be accessible to you. If your account is terminated for a violation of these Terms, you will not be entitled to any refunds of prepaid fees, and we may also refuse to allow you to register for the Service again. If we terminate the Service in its entirety, like the discontinuation of sbaloansHQ platform, we will provide advance notice when practicable and may provide pro-rata refunds for prepaid service beyond the termination date.
• Survival: Any provisions of these Terms that by their nature should survive termination (such as indemnification, disclaimers, limitations of liability, governing law, dispute resolution, and any licenses granted to us to use your feedback or content to provide the Service) shall survive the expiration or termination of your account or these Terms. Termination does not relieve you of any obligations to pay outstanding fees or costs owed.

18. Governing Law

These Terms and your use of the service are governed by and construed in accordance with the US Federal Arbitration Act, federal arbitration law, and laws of the State of Alabama applicable to agreements made and to be entirely performed within the State of Alabama, without regard to its conflict of law principles. Except as otherwise expressly outlined in the "Dispute resolutions; Arbitration" Section below, any legal action or proceeding arising under this Agreement shall be brought exclusively in courts located in Alabama or federal court, and the parties hereby irrevocably consent to the personal jurisdiction and venue as provided in this Agreement.

19. Dispute Resolution; Arbitration

• Arbitration Agreement: For any dispute or claim, except for those specifically excluded below that we cannot resolve informally, you and sbaloansHQ agree to resolve any dispute or claim arising out of or relating to these Terms or the use of the Service by binding arbitration on an individual basis. This includes disputes based on contract, tort, statute, fraud, misrepresentation, or any other legal theory. Arbitration prevents you and us from suing in court or having a jury trial. You and sbaloansHQ agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The only exceptions to this arbitration agreement are: (a) either party may seek equitable relief (such as an injunction) in a court of competent jurisdiction to prevent immediate and irreparable harm (for example, misuse of intellectual property or violation of confidentiality); and (b) you retain the right to bring an individual claim in a small claims court that has jurisdiction over the matter, provided the claim is eligible to be heard in that court.
• Arbitration Procedures: The arbitration shall be administered by a reputable arbitration organization (such as the American Arbitration Association “AAA”) under its Consumer Arbitration Rules (if you are an individual using the Service for personal or small business use) or Commercial Arbitration Rules (if you are using the Service on behalf of a larger business), as applicable. The arbitration will take place in a mutually agreed location in Alabama or via telephone/videoconference, unless you and we agree otherwise. The arbitrator(s) will have authority to award legal and equitable relief available in a court (including injunctive relief and attorneys’ fees when authorized by law), but may not award any damages disclaimed or limited by these Terms. The decision of the arbitrator will be final and binding on both parties, and judgment on the award may be entered in any court of competent jurisdiction. We will pay the arbitration administrative or filing fees to the extent required by law or the arbitration administrator’s rules (for instance, the AAA rules cap certain consumer arbitration fees; we will pay any required amount above that cap). Each party will otherwise bear its own attorneys’ fees and costs, unless the arbitrator awards costs or fees to the prevailing party under applicable law or agreement.
• Opt-Out Right: You have the right to opt out of the arbitration agreement in this Section by sending us a written notice of your decision to opt out at the contact address provided below. Such notice must be postmarked or emailed within 30 days of first accepting these Terms. If you opt out of arbitration, the other parts of this Governing Law and Dispute Resolution section will still apply to you.
• WAIVER OF JURY TRIAL and CLASS ACTION: If for any reason a claim proceeds in court rather than arbitration, you and we each waive any right to a jury trial. You also agree that you and we each waive any right to bring or participate in a class or representative action against the other. This means, to the maximum extent allowable, no class actions, no class arbitrations, and no representative actions can be asserted by either party against the other.

20. General Terms

• Entire Agreement: These Terms constitute the entire and exclusive understanding and agreement between SbaloansHQ and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between SbaloansHQ and you regarding the Services and Content.
• Severability: Unless otherwise stated in the Agreements, if any provision is deemed invalid or unenforceable in whole or in part, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions. The affected provision will be applied to the extent permitted by law.
• Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without SbaloansHQ's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. SbaloansHQ may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
• Relationship of Parties: You and the Company are independent contractors under these Terms, and nothing herein shall be construed to create a partnership, joint venture, employment, or agency relationship. Neither party has authority to bind the other or incur obligations on the other’s behalf.
• Force Majeure: We shall not be liable for any failure or delay in performance to the extent caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, civil disturbances, supply shortages, strikes, power or internet outages, or governmental action. We will use reasonable efforts to mitigate the effect of a force majeure event and resume full performance as soon as feasible.
• Notices: Any notices or communications from SbaloansHQ under these Terms, including those about modifications, will be delivered: (i) via email; or (ii) by posting on the Services. For email notices, the date of receipt is deemed to be the date the notice is sent.
• No Waiver: SbaloansHQ's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of SbaloansHQ. Except as expressly outlined in these Terms, the exercise by either party of any of its remedies will be without prejudice to its other remedies under these Terms or otherwise.

21. Contact Information

If you have any questions about these Terms, Services, or Products, feel free to contact SbaloansHQ at ask@sbaloanshq.com.