Terms of Use

Company may modify these Terms from time to time. If Company makes material changes, it will provide notice by conspicuously posting the updated Terms on the Sites and updating the "Last updated" date above, and/or by notifying Account holders directly [by email or portal notification], in each case at least [30] days before the changes take effect. A shorter notice period may apply where necessary to comply with law or to address a new feature or an urgent security or legal issue. Changes will not apply retroactively. By using the Sites after the effective date of updated Terms, you agree to the updated Terms. Changes to Section 29 (Binding Arbitration) are subject to Section 29(g).

These Terms apply to everyone who visits or uses the Sites. Certain provisions—including Section 4 (Accounts and Member Portals) and Section 14 (Financial Information)—apply only if you register for or use an Account. Company's products and services are governed by separate written agreements, such as loan applications, loan documents, program agreements, and partner agreements. If these Terms conflict with a separate written agreement between you and Company, that agreement controls as to its subject matter.

Company may collect Personal Information (any information relating to an identified or reasonably identifiable person) about you and your use of the Sites as described in the Privacy Policy. If you do not agree to Company's collection, use, or disclosure of Personal Information as described in the Privacy Policy, do not access or use the Sites or provide Personal Information to Company.

The Sites use cookies and similar technologies, which may include website analytics, embedded video, search, and advertising services provided by third parties. These technologies may collect information about your device and your interactions with the Sites—for example, pages viewed, links followed, and referring URLs—and, where advertising services are used, information about your activity over time and across other websites and services. The information collected may be shared with the providers of those technologies, as described in the Privacy Policy.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BY ACCESSING OR USING THE SITES YOU CONSENT TO THE USE OF THESE TECHNOLOGIES AND TO THE COLLECTION AND SHARING OF THIS INFORMATION AS DESCRIBED IN THE PRIVACY POLICY.

You may limit or disable cookies through your browser settings; some features of the Sites may not function properly if you do.

You may create an account to access the member portals made available through the Sites ("Account"). You agree to provide accurate, current, and complete information when you register, and to keep that information—and any other information you provide to Company—accurate, current, and complete. You are responsible for all activity that occurs under your Account and for keeping your password and other sign-in credentials confidential. Do not share your Account or credentials with any other person; each individual must use their own sign-in information. Do not access or attempt to access any Account that is not yours. If you believe your Account has been compromised, contact Company immediately at compliance@vontive.com. Use caution when accessing your Account on a shared or public device or over an unsecured connection, as doing so increases the risk of fraudulent activity. Company may suspend or disable Accounts as described in Section 21.

Materials you submit through the member portals—for example, applications, financial statements, and loan documents—remain yours. By submitting them, you grant Company a non-exclusive, worldwide, royalty-free license to host, store, copy, process, transmit, and display those materials solely as needed to provide the Sites and Company's products and services; to underwrite, process, and service transactions; to share them with capital partners, service providers, and others as permitted by the Privacy Policy or your agreements with Company; and to comply with law. You represent and warrant that you have all rights necessary to submit those materials and that your submissions do not violate law or the rights of any third party.

Certain users of the member portals may be authorized to review information regarding other users or their transactions, including financial, credit, or property information. If you are so authorized, you may use that information solely for the purpose for which access was granted—for example, evaluating a loan or transaction—and you may not otherwise use, disclose, or retain it.

The Sites—including their text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, documentation, other components and content, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, the "Content")—are exclusively the property of Company or, as applicable, its vendors or licensors. Except for the limited rights expressly granted in Section 6, Company reserves all rights in and to the Sites and Content, including all intellectual property rights. The Sites and Content are protected by copyright, trademark, trade dress, and other intellectual property laws, and any unauthorized use may be prosecuted to the fullest extent of the law.

Company grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Sites and Content in the United States for (a) your personal use and (b) your internal business purposes, including reviewing and evaluating Company's products and services—in each case only for the purposes for which the Sites are made available, and in compliance with these Terms, the Privacy Policy, any additional terms posted on the Sites, and applicable law. This license includes downloading or printing a copy of materials from the public Sites for those purposes, provided you keep all copyright and other proprietary notices intact. If you access the member portals, you may use them solely to conduct bona fide business with Company as an authorized user (for example, as a client, loan applicant, or approved partner). Company reserves all rights not expressly granted in this Section.

Company owns certain trademarks, names, logos, insignia, and service marks ("Marks"). You may not use Company's Marks except as expressly agreed by Company in writing. The Sites may also contain third-party Marks and copyrighted materials, which are the property of their respective owners; nothing in these Terms grants you any rights in those third-party Marks or materials without the owner's consent.

The Sites may allow you to apply for career opportunities posted by Company. You may not submit a resume or other materials on behalf of any person other than yourself, and you warrant that all information you provide is current, accurate, and complete. Submitting materials does not obligate Company to review them or to consider you for employment, and posted opportunities may change at Company's sole discretion without notice. Company uses a third-party service provider for its job application portal; your use of that portal is governed by the third party's terms, not these Terms.

The products, services, and applications described on the Sites may change at any time without notice, and some may not be available in all areas. Nothing on the Sites constitutes an offer; the Sites are an invitation for you to review and understand the products and services Company offers. Additional terms may apply to your application for, purchase of, or use of Company's products and services.

In connection with your access to and use of the Sites, you are responsible for complying with all applicable laws, regulations, and rules of all relevant jurisdictions, including all applicable rules regarding online conduct. If you submit payment information through the Sites, you represent and warrant that it corresponds to your own accounts or to accounts you are legally authorized to use, and that it is true and correct to the best of your knowledge.

The Sites are not directed to anyone under 18 years of age (or the age of majority in their jurisdiction, if higher). If you are under that age, do not use the Sites. If you believe your child has provided Company with Personal Information, contact Company at privacy@vontive.com with the relevant details (for example, what information was provided and when), and Company will make commercially reasonable efforts to delete it from its records.

You are responsible for the security of the devices, software, and connections you use to access the Sites, including maintaining commercially standard anti-virus and security protections.

COMPANY IS NOT LIABLE FOR ANY VIRUS OR OTHER HARMFUL CODE YOU MAY RECEIVE THROUGH THE SITES OR THROUGH LINKS ON THE SITES, AND YOU ACCESS THE SITES AT YOUR SOLE RISK.

Company reserves the right to prohibit access, use, conduct, communications, or content that it, in its sole discretion, deems to be harmful to the Sites, the Content, Company, its mission, or any other person or entity, or that violates these Terms or applicable law.

Company's collection and use of financial information is described in the Privacy Policy and in any contract Company has with you regarding your application. If you provide Company with access to your bank statements or bank accounts through the member portals, you confirm that you have all rights necessary to do so, that the information is accurate and complete, and that you are not submitting financial or other personal information on behalf of a third party without authorization.

Important information about applying for credit or establishing a relationship: to help the government fight the funding of terrorism and money-laundering activities, federal law requires Company to obtain, verify, and record information that identifies each person who establishes a relationship with Company. When you register or apply, Company may ask for your name, address, date of birth, organizational documents, and other information that allows Company to identify you.

If you submit comments, suggestions, ideas, or other feedback about the Sites, the Content, or Company's products and services (other than Personal Information) ("Feedback"), you grant Company a perpetual, irrevocable, worldwide, royalty-free right to use that Feedback for any purpose, in its discretion, without attribution or compensation to you. This Section does not apply to materials you submit through the member portals, which are addressed in Section 4.

You agree that Company may send you account-related and service-related emails, and recurring account-related text messages to any mobile phone number you provide, whether sent manually or using an automated telephone dialing system. If you opt in to marketing communications, you agree to receive recurring marketing emails and/or text messages; your consent to marketing messages is not a condition of receiving any product or service from Company, and you may opt out at any time. You confirm that the email address and mobile phone number you provide are owned and used solely by you (or your employer), and you agree to promptly notify Company if your mobile phone number changes.

By providing Company with a telephone number, you further consent to receive calls from Company and its affiliates and agents at that number regarding your Account and your transactions—including calls made using an automatic telephone dialing system or an artificial or prerecorded voice—and, only if you opt in, calls regarding Company's products and services. Consent to marketing calls and messages is not a condition of receiving any product or service, and you may revoke consent at any time as described below. You also consent to Company monitoring or recording telephone calls between you and Company for quality assurance, training, and compliance purposes.

To opt out of marketing emails, use the unsubscribe link in the email or contact privacy@vontive.com with "Unsubscribe" in the subject line. To opt out of text messages, reply "STOP" to the number that messaged you (or reply "HELP" for help) at any time. Message and data rates may apply. For more information, contact Company at 833-747-3927 or compliance@vontive.com.

The Sites link to Company's social media pages (for example, LinkedIn and Medium) ("Social Media Pages"). Because anyone may post to or tag the Social Media Pages, posts do not necessarily reflect Company's views. If Company follows, likes, favorites, shares, or re-posts a third party's content on the Social Media Pages, that is not an endorsement of that third party or any service or company they represent. Company reserves the right to remove anything from the Social Media Pages at its sole discretion.

Company may, but is not obligated to, review content that you and other third parties post on the Social Media Pages, and may remove anything it deems offensive, inappropriate, or inconsistent with Company's vision. Company may work with the third-party providers of the Social Media Pages to block users who are offensive, abusive, disruptive, or otherwise violating these Terms or applicable law. Company treats all information posted to the Social Media Pages as non-confidential.

The Sites may link to, or be linked from, websites not maintained or controlled by Company. Those links are provided as a convenience to visitors; Company is not responsible for examining or evaluating the content or accuracy of third-party websites and does not warrant or endorse any third-party website or any products or services made available through them. When you leave the Sites, the third party's terms and privacy policy govern your use of the third-party site (and that third party's use of your Personal Information), not these Terms.

The Sites also contain certain third-party Content, which Company provides for your convenience and not as an endorsement. The presence of third-party Content does not mean that Company has reviewed it or that any association exists between Company and any third party. You access third-party Content at your sole risk, Company has no responsibility for third-party Content, and nothing in these Terms grants you any rights in it.

You may link to publicly available pages of the Sites, provided that the link (a) is accurate and not misleading, (b) does not suggest any form of sponsorship, endorsement, or affiliation by Company where none exists, (c) does not frame or mirror the Sites or use Company's Marks without Company's prior written consent, and (d) does not appear in a context that is unlawful, deceptive, or disparaging. Company may revoke this permission at any time, in which case you must promptly remove the affected links.

The Sites are intended for use in the United States only. Company does not guarantee that use of the Sites will be available or permitted in any location other than the United States. If you choose to access the Sites from a location other than the United States, you do so at your own risk. You represent and warrant that you are not located in, or a resident of, any jurisdiction subject to comprehensive U.S. sanctions, and that you are not named on any U.S. government list of prohibited or restricted parties.

THE EXISTENCE OF THE SITES OR ANY CONTENT SHALL NOT BE CONSTRUED AS COMPANY OR THE COMPANY PARTIES OFFERING THE SITES OR CONTENT TO PERSONS IN JURISDICTIONS WHERE THEIR PROVISION IS PROHIBITED BY LAW.

If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Sites and Content, and Company may restrict your access to the Sites or Content (including terminating access to your Account). Company may suspend or terminate the Sites, any Content, or your Account, in whole or in part, temporarily or permanently, at any time in its sole discretion for any reason. Company shall not be liable to you or anyone else for any damages arising from or related to Company's suspension or termination of your access to your Account, the Sites, or the Content, or in the event Company modifies, discontinues, or restricts their availability, in whole or in part.

The Sites (including your Account) or Content may be unavailable or limited from time to time for various reasons, and Company shall not be liable to you for any such unavailability, including without limitation unavailability caused by (a) hardware, software, server, network, or telecommunications failures; (b) severe weather, war, riot, acts of God, fire, earthquake, strikes, labor shortages, pandemics, or quarantine or similar orders; (c) regulatory restrictions and other acts of government; (d) interruptions due to utility and power companies; and (e) interruptions due to hacking or other malicious intrusion.

The Sites may contain videos and embedded content provided by YouTube, including visible content and/or scripts embedded in the Sites' code. Company's use of YouTube content requires it to implement certain application programming interfaces (APIs) from YouTube, which allow for data collection, disclosure, and use by YouTube pursuant to the Google Privacy Policy, available at https://policies.google.com/privacy. By watching those videos and interacting with that content, you agree to the collection and use of that data. You may revoke YouTube's access to your data by visiting the Google security settings page, available at https://myaccount.google.com/security.

Company will cooperate with law enforcement if you are suspected of having violated applicable laws.

YOU WAIVE AND HOLD COMPANY AND THE COMPANY PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.

THE SITES AND CONTENT, AND ALL SERVICES PROVIDED THROUGH THE SITES, ARE PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, COVENANTS, AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SITES AND CONTENT, AND ALL SERVICES PROVIDED THROUGH THE SITES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES OR CONDITIONS ARISING FROM STATUTE, SUCH AS COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE IN TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY DOES NOT WARRANT OR ENDORSE ANY THIRD-PARTY CONTENT.

COMPANY MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL CONTENT ON THE SITES IS ACCURATE AND RELIABLE, BUT NEITHER ACCURACY NOR RELIABILITY IS GUARANTEED. COMPANY DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITES OR CONTENT; THAT THE SITES OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE; THAT ANY DEFECTS IN THE SITES OR CONTENT WILL BE CORRECTED; OR THAT THE SITES OR THE SERVERS THAT MAKE THE SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS.

THE LAWS OF CERTAIN JURISDICTIONS MAY NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES. IF THOSE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, ATTORNEYS, OR LICENSORS, OR ITS OR THEIR SUCCESSORS AND ASSIGNS (TOGETHER, THE "COMPANY PARTIES"), BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY LOSS OF DATA, LOSS OF USE, LOST PROFITS, OR LOST REVENUE, ARISING OUT OF OR IN CONNECTION WITH THE SITES OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITES OR CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THE LOSS OR DAMAGE.

WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE COMPANY PARTIES ARISING OUT OF OR IN CONNECTION WITH THE SITES OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITES OR CONTENT, WILL NOT EXCEED THE GREATER OF (A) ONE THOUSAND U.S. DOLLARS ($1,000) AND (B) THE AMOUNTS YOU PAID TO COMPANY FOR ACCESS TO OR USE OF THE SITES DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE.

NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR CERTAIN DAMAGES. IF THOSE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

NOTHING IN THESE TERMS CONSTITUTES, AND COMPANY WILL NOT ASSERT, A WAIVER OF COMPLIANCE WITH ANY PROVISION OF FEDERAL OR STATE SECURITIES LAWS—INCLUDING SECTION 14 OF THE SECURITIES ACT OF 1933 AND SECTION 29(A) OF THE SECURITIES EXCHANGE ACT OF 1934—TO THE EXTENT SUCH A WAIVER WOULD BE IMPERMISSIBLE UNDER THOSE LAWS.

YOU SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY PARTIES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES AND OTHER LEGAL FEES) THAT ARISE OUT OF OR IN CONNECTION WITH (A) YOUR VIOLATION OF APPLICABLE LAWS, (B) YOUR MISUSE OF THE SITES OR ANY CONTENT, (C) YOUR BREACH OF THESE TERMS OR ANY OTHER TERMS ON THE SITES, (D) YOUR INFRINGEMENT OR MISAPPROPRIATION OF COMPANY'S OR ANY THIRD PARTY'S INTELLECTUAL PROPERTY, OR (E) ANY CLAIM THAT YOU IMPROPERLY PROVIDED PAYMENT OR FINANCIAL INFORMATION TO COMPANY. COMPANY RESERVES, AND YOU GRANT TO COMPANY, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY SUCH MATTER (SUBJECT TO YOUR CONTINUING INDEMNIFICATION OBLIGATIONS HEREIN).

Unless otherwise required by applicable law, these Terms and your access to and use of the Sites are governed by the laws of the State of [●], without regard to its conflict-of-laws principles. Except for disputes subject to arbitration under Section 29 and claims properly brought in small claims court, venue lies exclusively in the state or federal courts, as applicable, located in [●], and the parties expressly consent to the exclusive jurisdiction of those courts. To the extent permitted by applicable law, any cause of action or claim you may have with respect to the Sites or Content must be commenced within one (1) year after the cause of action or claim arises.

YOU AND COMPANY AGREE TO RESOLVE ANY DISPUTES ARISING UNDER THESE TERMS OR RELATING TO THE SITES THROUGH BINDING ARBITRATION, ON AN INDIVIDUAL BASIS, AS SET FORTH BELOW.

No provision in these Terms shall apply to any consumer in New Jersey if the provision limits remedies for (i) negligence, (ii) products liability claims, (iii) the punitive damages laws, (iv) the New Jersey Uniform Commercial Code, or (v) failure to reasonably protect against harm arising from certain criminal acts of third parties (for example, computer hacking and identity theft). The provisions of these Terms concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property. Company reserves all rights, defenses, and permissible limitations under the laws of New Jersey and under the laws of your state of residence.

Company may assign its rights and delegate its duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without Company's prior written consent. These Terms inure to the benefit of Company's successors and assigns.

These Terms, the Privacy Policy, and any additional terms posted on the Sites are the entire agreement between you and Company with respect to your access to and use of the Sites and Content. In the event of a conflict between these Terms and the Privacy Policy with respect to privacy or data practices, the Privacy Policy controls. In the event of a conflict between these Terms and a separate written agreement between you and Company, that agreement controls as to its subject matter (see Section 2).

Company's failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision, and any waiver will be effective only if in writing and signed by Company. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions, and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect their interpretation.

You consent to receive electronically all communications, agreements, disclosures, notices, and other documents relating to the Sites and your Account, whether delivered through the Sites or to the email address you provide, to the extent permitted by law. To access and retain electronic communications, you will need a supported, current-version Internet browser, a valid email address, a device and connection capable of accessing the Sites, software that can display PDF files, and a printer or storage device if you wish to retain copies. You may request a paper copy of any communication, or withdraw your consent to electronic delivery, by contacting Company as described in Section 35; withdrawing consent may limit or end your ability to use the member portals. Electronic delivery of disclosures relating to a loan application or a loan—including any IRS information returns—is governed by any separate E-Sign consent agreement and the loan documents, which control over this Section. Please print or otherwise retain a copy of these Terms and of all electronic communications for your records.