PrimeStone Funding Terms of Service
Introduction
These Terms of Use constitute a legal agreement between you and PrimeStone Funding LLC, d/b/a PrimeStone Funding (“PrimeStone Funding”), a New York LLC, having a business address at 1146-01 Jamaica Ave, Jamaica, NY 11435
. By accessing this website, and any sub-sites of this website (together the “Site”), and/or using any of the Services (as defined below) accessible through the Site, you become a user (“User”) and agree to, and are bound by, the terms and conditions of this agreement and the PrimeStone Funding Privacy Policy (collectively, “Terms”) for as long as User continues to use the Site or Services. IF USER DOES NOT AGREE TO BE BOUND BY THE TERMS, USER IS NOT AUTHORIZED TO USE THE SITE OR THE SERVICES. User’s use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in the Terms or will be presented to User for acceptance when User signs up to use such Services or purchase such products. User shall check these Terms periodically for changes as PrimeStone Funding reserves the right, in its sole discretion, to change, modify, add, or remove portions of these Terms. User’s continued use of the Site following the posting of changes will be deemed acceptance of the changes. The effective date of a revised version is noted on the last page of the Terms.
As used in these Terms, the following words shall have the following meanings. “PrimeStone Funding” includes “PrimeStone Funding LLC,” “PrimeStone Funding LLC,” “PrimeStone Funding,” “we,” “us,” and variations such as “our.” “Service” includes the products, services, and software that User orders, receives, or accesses as part of User’s use of PrimeStone Funding’s Sites.
THESE TERMS STATE THAT ANY DISPUTES BETWEEN YOU AND PRIMESTONE FUNDING MUST BE RESOLVED IN BINDING ARBITRATION, THAT YOU WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, AND THAT THE LAW OF THE STATE OF NEW JERSEY APPLIES TO ALL INTERACTIONS BETWEEN YOU AND PRIMESTONE FUNDING. YOU MAY OPT OUT OF ARBITRATION AND THE CLASS ACTION WAIVER BY FOLLOWING THE PROCEDURES IN SECTION 10.G BELOW.
- Use of Site and Service:
As a user of the Site or a user registered to use any of the Services (a “Registered User”), User agrees to the following:
- Exclusive Use. User’s account is to be used only by User and only for User’s business needs. User may not authorize others to use User’s account, and User may not assign or otherwise transfer User’s account to any other person or entity. User acknowledges that PrimeStone Funding is not responsible for third-party access to User’s account that results from theft or misappropriation of User’s username and passwords.
- Information Submitted. User is solely responsible for, and assumes all liability regarding (i) the information and content User provides through User’s use of the Site and any Services, (ii) the information and content User makes available in any manner through the service, and (iii) User’s interaction with any and all third parties. Any attempt to enter information to create a duplicate account will be rejected, and User’s account will be suspended until further notice.
- Risk Assumption and Precautions. User assumes all risk when using the Services, including but not limited to all of the risks associated with any interactions with third parties, including but not limited to any lenders to which Users are matched, referred, or provided.
- No Guarantees. PrimeStone Funding may not be able to provide matches for every individual or business seeking to use the Services. PrimeStone Funding makes no guarantees as to the number of matches or the suitability of the business funding for any individual or business that utilizes the Services.
- No False Information. User agrees to provide accurate, true, current, and complete information. In the event that PrimeStone Funding determines that the information provided is incomplete, fraudulent, false, or otherwise inaccurate, PrimeStone Funding reserves the right to terminate User’s access to the Services.
- Legal Purpose. User agrees not to use the Site or Services for any illegal purpose. User will only use the Site or Service in accordance with federal, state, and local laws.
- Business Purpose. User agrees to only use the Site or Services for a bona fide business purpose. User agrees not to use the Site or Services for personal, family, or household purposes. User may not use the Site or Services to obtain information about or make decisions about anyone but User and/or User’s business.
- Intellectual Property Rights
- Ownership. The Site and Services are owned by PrimeStone Funding. All rights, titles, and interests in and to the materials provided on this Site and through the Services, including but not limited to information, documents, logos, graphics, sounds, and images (the “Materials”) are owned either by PrimeStone Funding or by our respective third-party authors, developers, or vendors (“Third-Party Providers”). Except as otherwise expressly provided by PrimeStone Funding, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way, and nothing on this Site or on any Services shall be construed to confer any license under any of PrimeStone Funding’s intellectual property rights, whether by estoppel, implication, or otherwise. Any rights not expressly granted herein are reserved by PrimeStone Funding.
- Trademarks. The trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of PrimeStone Funding or other third parties. Users are not permitted to use these Marks without the prior written consent of PrimeStone Funding or such third party that may own the Mark.
- Dispute Resolution
- Arbitration Agreement. Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Sample City, ZZ before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
- Class Action Waiver. You and PrimeStone Funding agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action or other representative action, and you and PrimeStone Funding expressly waive your respective rights to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception – Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an individual action in small claims court for disputes or claims within the scope of that court’s jurisdiction.
- Governing Law. These Terms and any disputes related to them or to the use of the Site or Services shall be governed in all respects by the laws of the State of New Jersey, without regard to its conflict of law provisions.
- Severability. If any provision of these Terms is held invalid or unenforceable, the remainder of these Terms shall continue to be valid and enforceable to the fullest extent permitted by law. The parties agree to replace any invalid or unenforceable provision with a valid provision that comes closest to the intention underlying the invalid or unenforceable provision.
- Modifications to the Terms
PrimeStone Funding reserves the right to modify these Terms at any time. If a change is made, the revised Terms will be posted on the Site and will reflect the new effective date. Users are encouraged to review the Terms periodically for updates or changes. Continued use of the Site and Services constitutes User’s acceptance of any revised Terms.
- Contact Information
If you have any questions about these Terms of Service, you can contact PrimeStone Funding at:
PrimeStone Funding LLC
146-01 Jamaica Ave, Jamaica, NY 11435
Email: info@PrimeStoneFunding.com
Phone: (917) 451-9494
Effective Date: 06/01/2020