Terms of Use - NextGen Business Lending
Home » Terms of Use
by admin

Terms of Use

Terms of Use

These Terms of Use (“Terms”) constitute a legal agreement between you and JI Creative Marketing Group (“small business lending source”). By accessing any part of this Site (“Site”) or by using the Services (described below), you are bound by these Terms, the JI Creative Marketing Group Privacy Policy (available on the Site), and any other legal terms set forth on the Site (collectively, “Terms”). Certain Services may require you to accept additional terms.

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, DO NOT USE THE SITE OR THE SERVICES.

  1. Introduction and Defined Terms

JI Creative Marketing Group helps qualified small business owners find business financing solutions through its network of approved lenders and finance providers. JI Creative Marketing Group is not a lender or finance provider and does not underwrite, approve, fund, or collect on loans or other financial solutions. As with any legal obligation, you are urged to read and understand these Terms and any other legal documents presented to you through the Service. NextGen Business Lending Group is JI Creative Marketing (“we,” “us,” “our,” and related variations). “Service” means the products, services, and software you access or utilize, including any activity undertakes to connect you to potential lenders or finance providers. “Account” refers to your registration with JI Creative Marketing Group and any information you voluntarily provide to JI Creative Marketing Group; “Account” in this context does not refer to any banking or financial accounts. Other words and phrases may be defined within the Terms in the context of their usage. The words “include,” “includes,” and “including” are to be read as if they were followed by the phrase “without limitation.”

  1. Changes to these Terms

We reserve the right to change, modify, add or remove portions of these Terms at any time without prior notice to you. Your continued use of the Site following posting changes means you accept and agree to the changes. The last revision date is listed at the bottom of the Terms. Please check these Terms periodically for changes.

  1. Content

JI Creative Marketing Group owns or has permission to use all text, graphics, user interfaces, visual interfaces, photographs, trademarks (registered or unregistered), logos, sounds, artwork of any kind, and computer code (collectively, “Content”). Content includes without limitation the design, structure, coordination, selection, appearance, and arrangement of such content. Your misuse of such content may violate trade dress, copyright, trademark, and other intellectual property laws and unfair competition laws.

  1. Use of JI Creative Marketing Group Site and Service

By using the Site or Services, you agree to the following:

  1. User-Generated Content or Information Submissions. You are solely responsible for and assume all liability regarding (i) information and content you provide through your use of the Site and any Services, (ii) your interaction with any third parties, and (iii) your decision to accept any loan or financial Service provided by a third party. You represent and warrant that you own or control all rights in and to the information you provide, and all such information will comply with these Terms. You understand and acknowledge that you are responsible for any information you submit or contribute, and you, not JI Creative Marketing Group / JI Creative Marketing Group, have full responsibility for such information, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any information provided by you or any other user of the Site. If you attempt to enter information to create a duplicate account, we may reject such activity and terminate your existing account.

  2. Assumption of Risk; No Guarantees. You assume all risk when using the Service and with any interactions with third-parties, including any lenders you are connected to. Furthermore, JI Creative Marketing Group may not connect every user with one or more lenders and does not guarantee its ability to help you obtain lending or other financial services.

  3. Truthful Information. You agree to provide accurate, true, current, and complete information, and only information that belongs to you. If your information becomes outdated or changes, it is your obligation to update such information. YOU MAY NOT USE THE SITE OR SERVICES ON BEHALF OF ANOTHER PERSON OR BUSINESS, INCLUDING THE USE OF FICTITIOUS NAMES OR “SEEDS.”

  4. Prohibited Uses. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

  • To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

  • To send, knowingly receive upload, download, use, or re-use any material that is not accurate and truthful and owned by you directly.

  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

  • To impersonate or attempt to impersonate us, our employees, other users, or any other person or entity (including by using email addresses associated with any of the foregoing that do not belong to you).

  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site or expose them to liability.

  • Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real-time activities through the Site.

  • Use any robot, spider, or other automatic devices, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.

  • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.

  • Use any device, software, or routine that interferes with the proper working of the Site.

  • Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.

  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise, attempt to interfere with the proper working of the Site.

  1. License to Use Your Content

By providing information in any form to us via the Site or Service, you represent that you have the right to provide such information, and you automatically grant to us an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information, and to prepare derivative works of, or incorporate into other works, such information, and content, and to grant and authorize sub-licenses of the foregoing. Occasionally, we may create, test or implement new features or services on the Site in which you may voluntarily participate. By participating in such features or programs, you grant us the rights stated in this paragraph to any information you provide to or through such features or services.

  1. Allowed Disclosures; Information Security

You acknowledge and agree that JI Creative Marketing Group may disclose information you provide if required to do so by law, at the request of a third-party, or if we, in our sole discretion, believe that disclosure is reasonable to (i) comply with the law, requests or orders from law enforcement, or any legal process (regardless if required by law); or (ii) protect or defend JI Creative Marketing Group, or a third party’s, rights or property.

  1. Information Security

We work hard to keep your information safe from unauthorized access, alteration, disclosure, or destruction. In particular:

We encrypt many of our Services using SSL.

We regularly review our information collection, storage, and processing practices, including physical security measures, to reduce the risk of unauthorized access to systems.

We restrict access to personal information to JI Creative Marketing Group employees, contractors, and agents who need to know that information to process it for us and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.

Notwithstanding the foregoing, JI Creative Marketing Group may anonymously use the information from you and your use of the Services to continue JI Creative Marketing Group research into successful business practices and to improve the Services.

  1. Links to Third-Party Sites and Dealings with Advertisers and Sponsors

The Site and Services may contain links to Sites of third-parties, including without limitation, advertisers that are not under the control of JI Creative Marketing Group. JI Creative Marketing Group is not responsible for the content of any linked site or any link in a linked site, or any changes or updates to such Sites. JI Creative Marketing Group provides these links to you as a convenience; such links do not imply that JI Creative Marketing Group endorses or accepts any responsibility for the content of such third-party Sites. Your correspondence or business dealings with, or participation in promotions of, advertisers or third-parties found on or through the Site or Services are solely between you and such advertiser or third-party. You agree that JI Creative Marketing Group will not be responsible or liable for any loss or damage any incurred as the result of the presence of such advertisers on the Site or Services. Please visit our Privacy Policy to learn more about how we use your information.

Opinions, advice, statements, offers, or other information or content provided through the Site or Services, but not directly by JI Creative Marketing Group, are those of their respective authors and should not necessarily be relied upon. Such authors are solely responsible for such content. JI CREATIVE MARKETING GROUP DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN JI CREATIVE MARKETING GROUP. UNDER NO CIRCUMSTANCES WILL JI CREATIVE MARKETING GROUP BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR SERVICES, OR TRANSMITTED TO OR BY ANY USERS.

  1. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our Site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER JI CREATIVE MARKETING GROUP NOR ANY PERSON ASSOCIATED WITH JI CREATIVE MARKETING GROUP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER JI CREATIVE MARKETING GROUP NOR ANYONE ASSOCIATED WITH JI CREATIVE MARKETING GROUP REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL JI CREATIVE MARKETING GROUP, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL JI CREATIVE MARKETING GROUP BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Indemnification

You agree to defend, indemnify, and hold harmless JI Creative Marketing Group, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including any content or information you provide, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

  1. Communication and Privacy

You acknowledge and agree that we can use your email address to send you messages notifying you of important changes to the Services and to provide reminders or other special offers we believe may be of interest to you. If you provide a mobile number, you agree we may contact you by telephone (including the use of robocalls, automatic dialer calls, and SMS/text messages) to communicate with you regarding the Services and to share other special offers we believe may be of interest to you. If you do not want to receive such email messages, telephone calls, or SMS/text messages, please refer to our Privacy Policy to review your options or opt-out directly from the message you receive.

  1. Term and Termination

These Terms are effective upon your use of the Site or Services and will remain in effect in perpetuity unless terminated. Either you or JI Creative Marketing Group may terminate your account for any reason, without explanation, effective upon written notice to the other party. JI Creative Marketing Group reserves the right to immediately suspend or terminate your access to the Services without notice or explanation. We also may delete your account information or data from our Services and any other records at our sole discretion.

Terminating your account does not apply to or have any effect on any agreements with you and any other third party, including any lenders or other financial service providers you are connected with via our Service.

These Terms of Use were last revised on January 26, 2021.