Terms of Use

Welcome to the Equipment Engine™ (collectively, the "Service") operated by TCP Leasing Inc. ("the Company," "we," or "us"). By accessing our Equipment Engine™, you (the "User") signify that you have read, understand and agree to be bound by these terms of use ("Terms of Use"). The Equipment Engine is for business financing. For purposes of these Terms of Use, a sole proprietor is deemed to be acting on behalf of a business. 



Changes to these Terms of Use 



 We may make changes to these Terms of Use from time to time. If we do this, we will post and date the changed Terms of Use from the last revised. Your use of the Equipment Engine™ constitutes your acceptance of the Terms of Use. 



TERMS APPLICABLE TO ALL USERS: ELIGIBILITY, LICENSE AND REPRESENTATIONS 



Eligibility: General



This Service is intended solely for Users who, if they are a natural person, are eighteen (18) years of age or older, and any registration by, use of or access to the Service by any natural person under 18 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service, you represent and warrant that, if you are a natural person, you are 18 or older and that you agree to and will abide by all of the terms and conditions of these Terms of Use. If you violate any of these Terms of Use, or otherwise violate an agreement between you and us, we may prohibit you from using or accessing the Service at any time in its sole discretion, with or without notice, including without limitation if we believe that you are under 18. 



Proprietary Rights; Limited License

All content, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement, is the proprietary property of the TCP Leasing, Inc. with all rights reserved. 



Restrictions on Data Collection/Termination
Without our prior consent, you may not:


We may terminate, disable or throttle your access to, or use of, the Services at any time without notice for any reason, with or without cause at our sole discretion.



The following provisions of this Agreement shall survive termination of your use: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Applicable Law and Dispute Resolution, and General Provisions, and any other provision that by its terms survives termination of your use.

User Representations You 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 violate or infringe upon the rights of any third party. You further agree not to harvest or collect email addresses or other contact information of Users by electronic or other means. Additionally, you agree not to use automated scripts to collect information from the Service for any other purpose. You further agree that you may not use the Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair it. In addition, you agree not to use the Service to:


ALL USERS: CONSENT TO ELECTRONIC TRANSACTIONS AND DISCLOSURES




Because the Equipment Engine™ operates only on the Internet, whether you choose to participate on our platform in any manner, it is necessary for you to consent to transact business with us online and electronically. As part of doing business with us, we also need you to consent to our giving you certain disclosures electronically. By agreeing to the Terms of Use, you agree to receive electronically all documents, communications, notices, contracts, and agreements arising from or relating to your use of the Service, including any loans or leases you may request or receive, your registration as a borrower or lessee, any loans or leases you may fund, your use of this Service, and the servicing of your loan or lease, if funded, as either a borrower or lessee member (each, a "Disclosure"), from us, whether we are acting in the capacity as broker or otherwise. The decision to do business with us electronically is yours. This document informs you of your rights concerning Disclosures. 



CUSTOMER COMMUNICATIONS:



By accepting these Terms of Use, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages). In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text.



You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) you have provided to us, or numbers we can reasonably associate with your account (through skip trace, caller ID capture or other means), with information or questions about your application, loan, lease and/or account. You certify, warrant and represent that the telephone numbers that you have provided to us are your numbers and not someone else's. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to alert us whenever you stop using a particular telephone number. 



CALL RECORDING AND MONITORING: You consent to the recording and monitoring, for quality assurance, training, risk management and/or collection purposes, of any call that you place with us (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) or that we (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) place to you. 



Electronic Communications. Any Disclosures will be provided to you electronically to the email address you provided. We may discontinue electronic provision of Disclosures at any time in our sole discretion. 



Scope of Consent. Your consent to receive Disclosures and transact business electronically, and our agreement to do so, applies to any transactions to which such Disclosures relate. Your consent will remain in effect for so long as you are a User.

Mobile Technology Requirements. If you are accessing our site and the Disclosures electronically via a mobile device (such as a smart phone, tablet, and the like), in addition to the above requirements you must make sure that you have software on your mobile device that allows you to print and save the Disclosures presented to you during the application process. These applications can be found for most mobile devices in the device's respective "app store". If you do not have these capabilities on your mobile device, please access our site through a device that provides these capabilities. 



Change in Your Contact Information. If you are an individual User, you will keep us informed of any change in your email or home mailing address so that you can continue to receive all Disclosures in a timely fashion. You also agree to update your registered residence address and telephone number if they change. If you are a business or entity User or are acting on behalf of a business or entity, you will keep us informed of any change to your email address, telephone number and primary business address, as discussed under "Terms Applicable to Business and Other Entity Users" below. 



TERMS APPLICABLE TO INDIVIDUAL USERS

Registration Data; Account Security



In consideration of your use of the Equipment Engine™, you agree to provide accurate, current and complete information about you as may be prompted. 



TERMS APPLICABLE TO BUSINESS AND OTHER ENTITY USERS

Eligibility: Business and Other Entity Users



Access Equipment Engine™ for Users that are businesses, other entities or persons acting on behalf of such businesses or entities is intended solely for authorized representatives of businesses or other entities that are in good standing in each jurisdiction in which they are registered to conduct business and persons otherwise authorized by such businesses or entities to act in furtherance of the business or entity's use of the Service. By using the Service on behalf of a business or other entity, including as a sole proprietor, you represent and warrant that you are duly authorized in accordance with the foregoing by the business or other entity on behalf of which you are acting, that you have the power and authority to enter into binding agreements on behalf of the business or entity or in the capacity in which you are acting, and that the business or entity is in good standing in each jurisdiction in which it is registered to conduct business to the best of your knowledge. Furthermore, you confirm that you agree to all of the terms and conditions of these Terms of Use individually and on behalf of such business or other entity, and represent and warrant that you and such business or other entity will abide by all of the terms and conditions of these Terms of Use. 



Additional Representations: Business and Other Entity Users



In addition to the User Representations set forth above under "User Representations," which you hereby confirm on behalf of the business or entity member, you further agree, both individually and on behalf of the business or entity, not to use the Service to:



Furthermore, you represent and warrant and agree, both individually and on behalf of the business or entity, that:


Registration Data; Account Security

In consideration of your use the Service on behalf of a business or other entity member, you, individually and on behalf of such business or entity, agree to (a) provide accurate, current and complete information about the business or entity, yourself and any other principals and/or authorized representatives of the business or entity member as may be prompted by any registration forms or otherwise requested by the Company ("Registration Data"), including the business or entity's full legal name; (b) provide such materials as the Company may request to establish and/or verify your or any other person's identity or authority to enter into binding agreements on behalf of the business or entity, or to establish and/or verify the business or entity's legal existence, good standing in any jurisdiction and eligibility to use the Service, or to establish and/or verify your eligibility to act as guarantor with regard to any loan requested by the business or entity; (c) maintain and promptly update the Registration Data, and any other information provided to the Company by you or anyone else acting on behalf of the business or entity, to keep it accurate, current and complete; (d) promptly notify the Company regarding any material changes to information or circumstances impacting the business or entity's legal existence, good standing in any jurisdiction in which the business or entity is authorized to conduct business, or eligibility for continued use of the Service; and (e) be fully responsible for all use of any accounts opened on behalf of the business or entity and for any actions that take place using such account. 



Scope of License to Use

For Users that are businesses or other entities, or persons acting on behalf of businesses or other entities, the limited license to access and use the Service granted above shall be deemed granted to the business or entity member and to those authorized representatives of the business or entity for whom Registration Data has been provided to the Company while acting on behalf of the business or entity member in their official capacities. Any access to or use of the Service by persons who are not authorized representatives of the business or entity, including but not limited to any representative for whom Registration Data has not been provided, voids this license and shall constitute a violation of these Terms of Use. Furthermore, this license is revocable by us at any time with regard to the business or entity member and/or any person acting on such business or entity's behalf without notice and with or without cause.



ALL USERS: INTELLECTUAL PROPERTY MATTERS

Trademarks

TCP Leasing, Inc. graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of the Company in the U.S. and/or other countries. The Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company. 



ALL USERS: MISCELLANEOUS TERMS

Links to Other Web Sites and Content
Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites or the Third Party Content. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate to. 



Disclaimers
None of the Company's, its parent, any of its affiliates, subsidiaries, providers or their respective officers, directors, employees, agents, independent contractors or licensors (collectively the "Company Parties") guarantees the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any of the Content and the company disclaims liability for errors or omissions in the Content.



The content is provided "as is" and "as available," without any warranty, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement or title. Additionally, there are no warranties as to the results of your use of the Content. The Company does not warrant that the Site is free of viruses or other harmful components. This does not affect those warranties which are incapable of exclusion, restriction or modification under the laws applicable to this Agreement.



The Company does not guarantee the accuracy of any User Content or Third Party Content. The Company cannot guarantee and does not promise any specific results from use of the Service to obtain a loan or lease.



The Service may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content, financial damages or lost profits, loss of business, or personal injury or death, resulting from anyone's use of the Service, any User Content or Third Party Content posted on or through the Service, or any interactions between Users.



The Company reserves the right to change any and all content contained in the Services offered at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.



Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL THE COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICE OR ANY OF THE SERVICE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SERVICE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.



NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. IN NO CASE, WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO THE COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE COMPANY, REGARDLESS OF THE CAUSE OF ACTION.



CERTAIN FEDERAL AND STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.



Governing Law; Venue and Jurisdiction
By visiting or using the Service, you agree that the laws of the State of North Carolina, without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction, will govern these Terms of Use. If you obtain a loan or lease, the terms of the loan or lease will be governed by federal laws and the laws of the state of North Carolina to the extent not preempted, without regard to any principle of conflicts of laws that would require or permit the application of the laws of any other jurisdiction. 



Indemnity

You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your User Content, any Third Party Content you post or share on, your use of the Service, your conduct in connection with the Service or with other Users of the Service, or any violation of these Terms of Use or of any law or the rights of any third party. The previous sentence shall not apply to any extent to Users while acting as an investor member or while registering as an investor member in connection with their (i) posting of User Content or (ii) use of Service. 



Other
The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. 



CREDIT PROFILE AUTHORIZATION
By clicking the check box following this notice and continuing with the process, you understand and agree that you are authorizing the Company to obtain consumer reports and related information about you from one or more consumer reporting agencies, such as TransUnion, Experian, and Equifax. 



You also authorize the Company to verify information in your application, and you agree that the Company may contact third parties to verify any such information. 



The Company may use your consumer reports to authenticate your identity, to make credit decisions, to administer the loan or lease application, and for related purposes. You direct the Company to provide on your behalf certain elements of your application, as well as consumer report information, but not including your name, to users of the Service who are registered as investor members ("Investor Members") to use this information in making decisions whether to commit funds to make loans or leases to you. Such Investor Member decisions, in turn, may assist the Company in making decisions related to your loan or lease. You also authorize the Company to provide such information to Investor Members in connection with the resale of your loan or lease with us. 



You authorize the Company to obtain consumer reports each time you request a loan or lease, during the processing or closing of a loan or lease to you, or at various times during the term of your loan or lease in connection with the servicing, monitoring, collection or enforcement of the loan or lease or the resale or potential resale of any loan or lease.