Effective Date of Terms of Use: January 1, 2019

These terms of use tell all persons who access the Site (“you”) about our standard terms and conditions in connection with your use of the www.contextbl.com site (the “Site”), and related software tools, applications, functions, facilities and services, associated media, loan eligibility calculations, referral partner inquiries, contact us inquiries and online or electronic documentations (collectively, the “Service”). For the sake of clarity, Service includes the Sites. The Service is operated by Context Business Lending, LLC (“Context”). “Context” means Context Business Lending, LLC and its affiliates, successors and assigns.

By using the Service, you (“User”) agree to use it in strict accordance with, and to be bound by, all of the terms and conditions contained in these Terms of Use (these “Terms”).

Disclaimers

You can get an estimate here of the amount that your company may be eligible to borrow from Context based on the information you have provided. The estimates are made using publicly available information, rules of thumb for different industries which will be inapt and differ from the amount that would be realized on a sale in many cases because of information not available to us or other factors, and data that you may provide us. In any event, they are subjective opinions. We hope they are of interest to you. But you should not rely on them for any specific action. This remains true even when you have provided us with additional information. Context is not a business broker, loan broker or financial advisor and should not be relied upon as such.

The information is provided for your internal use only and may not be copied or redistributed for any reason. You should not rely on the information for any commercial purpose, including, but not limited to, as a factor in establishing a company’s eligibility to receive a loan or secure other financing. This information is provided “as is” without warranty of any kind. The information is the intellectual property of Context or its information providers. In no event will Context or its information providers be liable in any way with regard to such information. Your use of the information must in all cases comply with all applicable laws and regulations.

Access to the Web Site

Subject to User’s compliance with these Terms, Context grants you a limited, revocable, nonexclusive license to access the Service located on our Sites for your own personal use. You may not sub-license your rights hereunder to a third party, and this license does not extend to: (a) access to the Service by posting agents; or (b) any manual or automatic collection, aggregation, copying, duplication, display or derivative use of the Service (or any information or content on the Sites), nor any use of data mining, scraping, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Context. A limited exception to (b) is provided to general purpose Internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.

Proprietary Materials

The Service is protected by copyright pursuant to U.S. copyright laws, international treaties and other copyright laws. The Service contains copyrighted material, trademarks, databases and other proprietary information of Context, and others, including, without limitation, Context’s data licensee’s (collectively, “Proprietary Material”), which may include, but shall not be limited to: text, software, photos, video, graphics, images, data, music and sound. User agrees not to modify, publish copy, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material without prior written authorization from Context.

Conditions of Access To User’s Account

Some aspects of the Service may require registration and login. User is responsible for protecting the confidentiality of User’s identification and/or password and is responsible for all use of User’s accounts whether expressly authorized by User or not.

Prohibited Uses

User agrees that it will not (and will not permit others) to:

  1. use “robots” “spiders”, “web crawlers” or other automated or robotic devises to scrape, collect or otherwise harvest information of any kind;
  2. intentionally or unintentionally violate any applicable local, state, national or international law or requirement of a regulatory authority;
  3. perform any action that could result in excessive usage that adversely impacts the performance of the Service for other users;
  4. use the Service in any way that violates these Terms.

No Liability for Reliance

Context does not represent or endorse the accuracy or reliability of any advice, opinion, statement or any other information displayed or distributed through the Service. User acknowledges that any reliance upon any such opinion, advice, statement, or other information shall be at User’s sole risk.

Termination

Context reserves the right to immediately terminate your access to the Service at any time for any reason with or without notice. Without limiting the foregoing, Context may block or terminate your access to the Service if Context in its sole discretion, believes you are violating these Terms.

Indemnification

User agrees to indemnify, hold harmless, and defend Context and its affiliated companies, and their respective predecessors, successors, and assigns, and all of their respective current and former officers, directors, shareholders, agents, and employees (the “Indemnified Parties”) from any and all actions, cause of actions, suits, proceedings, claims, and/or demands of any third party (and all resulting judgments, bona fide settlements, penalties, damages, losses, liabilities, costs, and expenses (including without limitation, reasonable attorneys’ fees and costs)), which arise out of: (a) User’s actual or alleged breach of these Terms, (b) any negligent act or omission by User, or (c) any third party claim, action, or demand related to User’s use of the Service (each a “Claim” and collectively “Claims”). Context may, at its expense, employ separate counsel to monitor and participate in the defense of any Claim. Context will provide you with reasonably prompt notice of any Claim it receives.

Warranties

We provide the Service “As Is” and “As Available” and Disclaim All Warranties and Liability

The service is provided “as is” and CONTEXT hereby disclaims all other warranties and representations, whether express, implied, or otherwise, including the warranties of merchantability or fitness for a particular purpose, non-infringement, title, or quiet enjoyment and from viruses and other harmful devices. CONTEXT does not warrant that the service is error-free or will operate without interruption. No rights or remedies referred to in article 2a of the UCC will be conferred on you unless expressly granted herein. CONTEXT expressly disclaims the implied warranties of fitness for an intended purpose, proper workmanship, non-negligence, non-infringement, and any liability in connection with your provision of your credit card or account information. You use the site at your own risk. Under no circumstances shall we, our affiliates, or any of our respective directors, officers, employees, agents, or contractors be liable for any direct or indirect, special, incidental, punitive, exemplary, multiplied or consequential damages, including, without limitation, in connection with any of the service’s content or reports, acts or omissions, negligence, loss of data, lost business or lost profit arising out of your or any third party’s use or the inability to use the service, and/or the service’s content. If your use of the service results in any interruption, impairment or loss of, or your need to service, repair or correct, any software, equipment, systems or data, you agree to assume, and hold us harmless from, any costs and losses in connection therewith.

No oral or written information or advice given by CONTEXT or its agents or employees or third parties shall create a warranty or in any way increase the scope of any warranty provided herein.

Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitations on Liability

CONTEXT, its data licensors and its third parties are not and shall not be liable for any claim, injury or damage arising from the use of or the inability to use the service, including, without limitation, any negligent acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating or delivering information contained on or through the web site. This disclaimer of liability includes, but is not limited to, any failure of performance, error, omission, interruption, deletion, defect, delay in operation, transmission or delivery, computer virus, communications lines failure, theft or destruction or unauthorized access to, alteration of or use of records, data, programs or files, whether for breach of contract, tortious behavior, negligence or under any other cause of action.

In no event shall CONTEXT, its data licensors or its third parties be liable for any indirect, special, incidental, punitive or consequential damages, including lost profits, arising out of the use or performance of the service, even if CONTEXT has been advised of the possibility of such damages.

Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from state to state.

Postings and Submissions

By uploading files, inputting data or engaging in any other form of communication (individually or collectively “Communications”) to or with the Service, you hereby warrant and represent that you are the owner of your Communications or you have all rights necessary to upload, post, transmit and otherwise share and/or use any such Communications for your intended purpose. User hereby grants to Context a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, broadcast, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. User hereby waives all rights to any claim against Context for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with the Communications.

Content Standards

The following standards apply to any and all Communications and use of the Service. Communications must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, Communications must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Monitoring

Context has no obligation to monitor this Service or any portion thereof. However, Context reserves the right to monitor and review any Communications and User activity on the Service and remove, delete, redact or otherwise modify Communications or block or terminate User access to the Service, in its sole discretion, at any time and from time to time, without notice or further obligation to you. Context has no obligation to display or post any Communications. Context shall have no liability in connection with any Communications submitted to, transmitted via, or displayed or posted on or through the Service.

Digital Millennium Copyright Act Notices

If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our DMCA Agent with the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the copyright owner;
  2. a description of the copyrighted work that you claim has been infringed;
  3. the location of the allegedly infringing material on the Web Site;
  4. your address, telephone number, and email address;
  5. a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Context’s DMCA Agent for notice of claims of copyright infringement pursuant to this Section, can be reached as follows:

Attn: DMCA Agent
Context Business Lending, LLC
401 City Avenue, Suite 810
Bala Cynwyd, PA 19004
email@ContextBL.com

Links to Third Party Sites

The Service may contain hyperlinks to web sites operated by parties other than Context. Such hyperlinks are provided for reference only. Context does not control such web sites, and is not responsible for their contents or any products, services or information offered on such web sites. Context’s inclusion of hyperlinks to such web sites does not imply any endorsement of the material on such web sites or any association with their operators.

Privacy

Context’s Context Privacy Policy is accessible by clicking on Privacy Policy. By using the Service and by accepting these Terms, User expressly consents to use of User’s information, as enumerated in Context’s then-current Privacy Policy as such policy may be amended from time to time.

Right to Modify Terms

Context has a right to modify the Terms in any manner and at any time, with or without cause, in Context’s absolute discretion and without notice or liability.  If Context makes any material changes, we will notify you via the email provided.  Any modification is effective immediately upon posting the modification on the Site. User’s continued use of the Service following any modification of these Terms shall be conclusively deemed an acceptance of any modification. User’s only right and remedy with respect to any dissatisfaction with any modification made pursuant to this provision, or any policies or practices of Context in providing the Service, is to cease use of the Service.

Right to Modify Service

Context may at any time, without notice or liability, change or eliminate any content or feature of the Service, or restrict the use of any portion of the Service. User’s only right and remedy with respect to any dissatisfaction with any service-related change or elimination is to cease use of the Service.

Governing Law and Jurisdiction

These Terms shall be governed by the laws of the State of Delaware as if you signed these Terms in Delaware. The provisions of these Terms that conflict with or are inconsistent with applicable governing law will be superseded and/or modified by such applicable law only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in Delaware for exclusive jurisdiction of any dispute arising out of or related to the Web Site, the Service or these Terms.

Waiver

The failure by Context to require performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Context of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

Severability

In the event that any provision of these Terms shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole. Context will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent as reflected in the original provision.

Assignment

User may not assign these Terms.

Entire Agreement

These Terms and any documents referenced herein constitute the complete and exclusive agreement between you and Context with respect to use of the Service, and supersede and govern all prior proposals, agreements, or other communications relating thereto.

© 2019 Context Business Lending, LLC. All Rights Reserved.