TERMS AND CONDITIONS
Please read these Terms and Conditions (the “Terms”) carefully before using the services offered by Pinewood Business Capital (referred to herein as "Pinewood," "we," or "us"). By accessing or using our websites, applications, and services (collectively, the "Services"), you agree to be bound by these Terms and all incorporated policies.
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1. Acceptance of Terms
By utilizing our Services, including initiating a financing application or engaging in any agreement facilitated by Pinewood, you affirm that you are of legal age to enter into a binding contract and accept these Terms. If you do not agree to these Terms, you may not use the Services.
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2. Description of Services
Pinewood provides financial services, including but not limited to, the brokering, originating, and/or servicing of loans, credit lines, and other financial products (collectively, "Financial Products") to eligible individuals and businesses. The specific terms of any Financial Product, including interest rates, repayment schedules, and fees, will be governed by a separate, specific Financing Agreement or promissory note, which will supersede these general Terms.
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3. Eligibility and Account Information
A. Eligibility
You must be at least 18 years old and legally competent to enter into contracts to use our Services. By registering for an account or applying for a Financial Product, you represent and warrant that all information you provide is true, accurate, current, and complete.
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B. User Obligations
You are responsible for maintaining the confidentiality of any login credentials associated with your account and for all activities that occur under your account. You agree to notify Pinewood immediately of any unauthorized use of your account.
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4. Accuracy of Information and Verification
You acknowledge that the decision to offer or service any Financial Product is based on the information you provide. You grant Pinewoodthe right to verify any information you submit, including but not limited to, credit reports, financial statements, and personal identification documents, through third-party services. You agree to cooperate fully in this verification process.
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5. Fees and Payments
Pinewood may charge certain application fees, origination fees, service fees, or late fees associated with our Services or Financial Products. All applicable fees and payment terms will be explicitly detailed in the respective Financing Agreement. Failure to make timely payments as stipulated in the Financing Agreement may result in late fees, reporting to credit agencies, and collection actions.
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6. Confidentiality and Privacy
Your privacy is important to us. The collection, use, and sharing of your personal and financial information are governed by our separate Privacy Policy. By accepting these Terms, you also consent to the terms of our Privacy Policy. You understand and agree that Pinewood may share your information with third-party partners (such as lenders, banks, or credit bureaus) as necessary to provide the Services or facilitate the Financial Products.
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7. Disclaimers and Limitation of Liability
A. No Guarantee
Pinewood makes no guarantees that any application for a Financial Product will be approved. Pinewood is not responsible for any delay, failure, or refusal by any third-party lender or partner to extend credit.
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B. Disclaimers
The Services are provided on an "AS IS" and "AS AVAILABLE" basis. Pinewood expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
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C. Limitation of Liability
To the fullest extent permitted by law, Pinewood shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, or data, resulting from the use or the inability to use the Services or any Financial Product.
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8. Indemnification
You agree to indemnify, defend, and hold harmless Pinewood and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your breach of these Terms; (b) your violation of any applicable law or regulation; or (c) your use of the Services or Financial Products.
9. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of Los Angeles, California
, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Los Angeles, California.
Any dispute, controversy, or claim arising out of or relating to these Terms, including the determination of the scope or applicability of this agreement to arbitrate, shall be settled by binding arbitration in Los Angeles, California in accordance with the rules of the American Arbitration Association (or similar body).
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10. Termination
Pinewood reserves the right to terminate or suspend your access to the Services, with or without notice, for any reason, including, without limitation, breach of these Terms. Termination of the Services does not automatically terminate your obligations under any executed Financing Agreement, which remains legally binding until fulfilled.
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11. Changes to the Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.
