This document and the other documents that we reference below, including our Privacy Policy and the Additional Rules noted below, make up our Terms of Use (the “Terms” for short). The Terms are a legal contract between you and Windsor Advantage, LLC  (“Windsor BankLink”, “us”, “our” or “we”). Please read them carefully. The Terms govern your use of our website located at www.WindsorBankLink.com (the “Website”) and the services that we provide through the Website, mobile apps, or otherwise (the “Services”).

1. Acceptance of Terms Through Use

By visiting the Website or using the Services you are agreeing to these Terms, including the Additional Rules (listed below) that apply to you, and all other terms that may be presented to you during your use of the Services. If you use the Services on behalf of a business, such as your employer, you represent to us that you have the authority to bind that business to the Terms and that business accepts the Terms.

By visiting the Website or using the Services you are agreeing to these Terms, including the Additional Rules (listed below) that apply to you, and all other terms that may be presented to you during your use of the Services. If you use the Services on behalf of a business, such as your employer, you represent to us that you have the authority to bind that business to the Terms and that business accepts the Terms.

If you do not agree with these Terms you may not use our Services.

Section 14 (Disputes) of these Terms contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, and representative actions.

These are the “Additional Rules” that may apply to you based upon the type of user you are and the Services for which you register:

• Rules for Borrowers

2. Your Loan Request

To use some of our Services you are required to complete a Prequalification Contact Form through Windsor BankLink (“Windsor BankLink Loan Request”). By creating a Windsor BankLink Loan Request, you represent that you are at least eighteen (18) years old and legally able to enter into contracts.

When your Windsor BankLink Loan Request is received you will receive a confirmation email.

3. Communications

You consent to accept and receive communications from us and other users in connection with the Services, including by email, text messages, calls, and push notifications to the email address and/or cellular telephone number you may provide to us when you sign-up for a Windsor BankLink Loan Request. Such communications may include, but are not limited to requests for secondary authentication, receipts, reminders, notifications regarding updates to your Loan Request or account support, and marketing or promotional communications. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Services. Call and text message communications may be generated by automatic telephone dialing systems. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you.

You may opt-out of receiving promotional email communications we send to you by following the unsubscribe options on such emails. You may opt out of any promotional phone calls by informing the caller that you would not like to receive future promotional calls. You acknowledge that opting out of receiving communications may impact your use of the Services.

4. Conditions on Use of the Services

You agree to use the Services in accordance with the Terms and only for lawful purposes. You agree that any personal, financial, contact, and other information, documents, or other content that you submit, display or provide while using the Services (your “User Content”) is accurate, honest, true, and complete as of the date provided, and that you will keep it updated. YOU ACKNOWLEDGE AND AGREE THAT TO OBTAIN THE FULL BENEFIT OF THE SERVICES WE MAY SHARE YOUR USER CONTENT WITH OTHER USERS. You also agree that you are responsible for obtaining the technology, such as a computer and Internet connection, needed to use the Services.

You may not submit, post, or transmit through the Services any User Content that:

• is defamatory, unlawful, harassing, abusive, threatening, obscene, hateful, sexist, or racially or ethnically offensive;
• constitutes a breach of any person’s privacy, publicity or intellectual property rights;
• violates any statute, regulation or ordinance;
• promotes software or services that deliver unsolicited mail; or
• promotes, encourages, or facilitates activities that risk national security.
• contains any viruses, Trojan horses, worms, cancel bots, time bombs, spyware, or similar computer programming routines;
• is knowingly untrue, inaccurate, or misleading;
• damages or interferes with the operations of the Services or the ability of other users to use the Services.

You agree that you are solely responsible for your User Content and the right to submit it for your use of the Services. You are also solely responsible for any damages resulting from your User Content.

You also agree that you will not:

• Impersonate any person or entity;
• Falsely state or otherwise misrepresent your affiliation with a person or entity;
• Harvest, collect or store information about the users of the Services or the User Content posted by others on the Services;
• Use User Content for any purpose inconsistent with the purpose of the Services;
• Use any automated procedure to gather information or data from the Services by means of what is commonly called a “bot” or otherwise;
• Interfere with or disrupt the Services or servers or networks connected to the Services;
• Breach or attempt to breach the security of software, networks, servers, data, computers, or other hardware relating to the Services (or that of any third party that is hosting or interfacing with any part of the Services);
• Duplicate, copy, or otherwise exploit the Services for commercial purposes.

5. License

We grant you a limited, nonexclusive, revocable license to access and use the Website and the Services for which you register. We may terminate your license at any time for any reason. You grant us a royalty free, worldwide, nonexclusive, perpetual, and irrevocable license to use and display any User Content, and any Intellectual Property Rights thereto, for the provision of the Services.

6. Intellectual Property

Nothing in the Terms shall be construed as conferring any license to any of our intellectual property rights, or those of a third party, other than for your limited use of the Services in accordance with these Terms. As used in the Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may exist now or come into existence in the future, and all of their applications, registrations, renewals and extensions, under the laws of any state, country, territory or other jurisdiction.

You agree that certain content made available to you through the Services is protected by Intellectual Property Rights (“Protected Content”). You agree not to modify, alter, remove, or deface any of the Protected Content, including trademarks, service marks, and logos displayed through the Services. You agree to only use the Protected Content for the limited purpose for which it is made available to you. You also agree not to use the Protected Content in a way that cause or is likely to cause confusion regarding the owner or authorized user of the Protected Content. You also agree not to defame or disparage Windsor BankLink or our trademarks or service marks, name, or any aspect of the Services or our company. You agree not to adapt, translate, modify, decompile, disassemble, copy, create derivative works of, or reverse engineer the Services or any software or programs used in connection with the Services. You may submit feedback, comments, suggestions or ideas about the Services (“Feedback”) through the Services. Submitting Feedback is entirely voluntary, and we will be free to use your Feedback as we see fit without any obligation to you.

7. Third Party Content, Services, and Links

Third Party Content. A large portion of the content made available to you through the Website and Services is created by other users and third party content providers (“Third Party Content”). Windsor BankLink is not responsible for the accuracy, completeness, or reliability of Third Party Content. Windsor BankLink disclaims all liability to the extent that you rely upon Third Party Content. You understand and agree that Windsor BankLink will not be responsible for, and Windsor BankLink undertakes no responsibility to monitor or otherwise police Third Party Content. You agree that Windsor BankLink shall have no obligation and incur no liability to you in connection with Third Party Content. You may find certain Third Party Content to be outdated, harmful and/or inaccurate. You rely upon Third Party Content at your own risk.

Third Party Services. You may be offered services, products, or promotions provided by other users of our Services, including but not limited to Lenders, Commercial Users, Brokers and not by Windsor BankLink (“Third Party Services”). If you decide to use any Third Party Services, you will be responsible for reviewing and understanding the terms and conditions for such services. We are not responsible or liable for the performance of any Third Party Services. Further, you agree to resolve any disagreement between you and a third party regarding the terms and conditions of any Third Party Services with that third party directly in accordance with the terms and conditions of that relationship, and not Windsor BankLink.

Links to Third Party Websites. Additionally, the Services may contain links to third party websites. The inclusion of any website link does not imply an approval, endorsement, or recommendation by Windsor BankLink. Such third party websites are not governed by the Terms. You access any such third party website at your own risk. We expressly disclaim any liability for these websites. When you use a link to go from the Services to a third party website, our Privacy Policy is no longer in effect. Your browsing and interaction on a third party website, including those that have a link in the Services is subject to that website’s own terms, rules and policies.

8. Termination

You may terminate your relationship with us by notifying us in writing using the information in Section 16 (Contact Information) below. We may terminate your use of the Services without notice, and without liability to you or any third party, if we have reason to believe that you have violated these Terms. If your use of the Services is terminated, you will still remain liable for any obligations you have incurred in connection with using the Services. We have the right to bar you from accessing the Services without liability to you or any third party.

9. Changes to the Terms

We may change the Terms at any time, in whole or in part, by posting an updated version of the Terms on our Website (“Updated Version”). The Updated Version is effective as of the date it is posted on the Website but it will not apply retroactively. Your continued use of the Website or Services after the posting of an Updated Version constitutes your acceptance of such revised version. Any change to the Disputes section of the Terms does not apply to disputes arising prior to such change.

10. Indemnification

You agree to indemnify and hold Windsor BankLink, Windsor Advantage, LLC, Integrated Financial Holdings, Inc., and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Website or any of the Services; (b) your breach of the Terms; (c) your violation of any rights of another individual and/or entity; and (d) any dispute between you and any other user of the Services, including Referred Users. The provisions of this Indemnification section are for the benefit of Windsor BankLink, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

11. Disclaimer of Warranties.

THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WINDSOR BANKLINK MAKES NO WARRANTY THAT THE SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF SAME, OR AGAINST INFRINGEMENT; AND/OR (E) WILL BE ACCURATE OR RELIABLE. WINDSOR BANKLINK WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WINDSOR BANKLINK OR OTHER USERS OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

12. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WINDSOR BANKLINK SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WINDSOR BANKLINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WEBSITE OR SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER WINDSOR BANKLINK PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE WEBSITE OR SERVICES; AND (C) ANY OTHER MATTER RELATING TO THE SERVICES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE WINDSOR BANKLINK FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PRECLUDE SUCH LIMITATION, THE MAXIMUM LIABILITY OF WINDSOR BANKLINK TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE WEBSITE OR SERVICES MAY BE BROUGHT BY YOU OR WINDSOR BANKLINK MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND WINDSOR BANKLINK. ACCESS TO THE SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS WINDSOR BANKLINK’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13. Disputes

For any dispute you may have with Windsor BankLink, we encourage you to contact us to resolve issues amicably. If we are unable to reach an informal resolution, this section governs any legal disputes between us regarding your use of the Services.

Any claim arising out of or relating to the Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator. The place of arbitration shall be in the State of Illinois. The arbitration shall be governed by the laws of the State of Illinois. Each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Windsor BankLink and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Windsor BankLink incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement.

14. Additional Terms

Entire Agreement. The Terms constitute the entire agreement between us.

Severability. If any part of the Terms is held to be invalid, illegal, or unenforceable, then the remaining provisions of the Terms remain in full force. Notwithstanding anything herein to the contrary, the “Disclaimer of Warranties” and “Limitation of Liability” sections shall survive the termination of the Terms.

Assignment. You and the persons you represent may not assign the Terms or your rights and obligations under it without our express prior written consent. We may withhold this consent in our sole discretion. We may assign the Terms and our rights and obligations under it without your consent or the consent of any persons or business you represent.

No Agency. Nothing contained in the Terms shall be deemed to constitute either party as the agent or representative of the other party unless expressly stated in writing. We and you are not partners or members of a joint-venture for any purpose.

Headings. Headings contained in the Terms are for reference and convenience purposes only. They do not limit or change the meaning or interpretation of the Terms.

No Waiver. No part or section of the Terms may be waived unless expressly agreed to in writing by you and Windsor BankLink. Our failure to enforce any provision of the Terms will not be a waiver of our right to act on subsequent breaches or similar breaches. Our failure to enforce any provision of the Terms will not be a waiver of our right to enforce that provision in the future.

15. Contact Information

Our Contact Us page contains information that allows you to contact us directly with any questions or comments that you may have. We listen to or read every message sent in and endeavor to reply promptly to each one. This information is used to respond directly to your questions or comments. If you have any questions about the Terms, please feel free to contact us at [email protected].

16. Additional Terms for Borrowers and Lenders

Rules for Borrowers

You agree to these Additional Rules for Borrowers (the “Borrower Rules”) by registering as a Borrower when you create a Windsor BankLink Loan Request or use our Services as a Borrower. Registering as a Borrower enables you to access the content and services tailored specifically for Borrowers (the “Borrower Services”). If you do not agree to the Borrower Rules, you may not use the Borrower Services.

By submitting a loan request (“Loan Request”), you agree to the following:

• In the event a Lender wishes to contact you in response to your request for a loan, Windsor BankLink may contact you via e-mail on behalf of that Lender for the sole and exclusive purpose of enabling such Lender to provide you with information, analyses, research and/or other information about the loan that you requested that may be of interest to you.
• If you make a Loan Request from a specific lender by and through the Services, you understand and agree that such lender may be given access to your User Content including personal/sensitive information to facilitate your Loan Request from such lender.
• IF YOU WERE REFERRED TO WINDSOR BANKLINK AND/OR BROUGHT TO THE LOAN MARKETPLACE BY A FRANCHISOR, COMMERCIAL USER, OR BROKER (“OTHER USER”), YOU UNDERSTAND AND AGREE THAT SUCH OTHER USER(S) MAY BE GIVEN ACCESS TO YOUR LOAN REQUEST AND USER CONTENT INCLUDING PERSONAL/SENSITIVE INFORMATION.

Windsor BankLink is not an agent or representative of the lender. Windsor BankLink is not responsible for monitoring the loans or loan offers made by lenders. The loans contain descriptions provided directly by lenders. Windsor BankLink does not represent or warrant that the descriptions of such items are accurate, up to date or complete. Windsor BankLink has no control over: (i) the quality, safety or legality of the loans; (ii) the truth or accuracy of any descriptions associated with the loans; and/or (iii) the ability of the applicable Lender to sell or offer the applicable loans. Do not assume that the offer of any loan is valid and legal simply because it is made available through the Borrower Services. We in no way guarantee that a lender will complete a transaction with you.

To use the Borrower Services, you will be required to submit additional User Content, including information about your occupation and/or business, the purpose and amount of the loan, and other information that Windsor BankLink may reasonably request.

If you apply for an SBA loan of more than $25,000, a lien on business assets is required including assets such as accounts receivable or inventory, as well as fixed assets such as new equipment purchased with loan proceeds or commercial real estate owned by the business. The lender may require additional collateral, as well. Such liens may also be required for non-SBA business loans. The charges, rules, regulations and procedures related to your SBA loan application are governed by federal regulations. Such federal regulations are subject to change, and therefore, the information contained herein is subject to change. Additional requirements or changes may be imposed by a lender or the SBA. You are responsible for understanding all requirements, costs and restrictions applicable to the 7(a) Loan program. You are encouraged to seek the advice of your own legal counsel before and during the entirety of the 7(a) Loan application process.

If you are a Borrower being represented by a third-party Broker, any arrangement you have with your Broker in no way involves Windsor BankLink. Windsor BankLink is not responsible for any issues or disputes which arise out of your relationship with your Broker. Such issues and disputes shall be resolved directly between you and your Broker without Windsor BankLink’s involvement. You agree to hold Windsor BankLink harmless from any issues or disputes which arise between you and your Broker.