These Terms were last revised on October 19, 2022.
This is a legal agreement between you and LenderMatch, an Illinois limited liability
company (“LenderMatch”), which may be contacted at 3426 Wheatland Circle,
Geneva, IL 60134. By accessing this website, and any sub-sites of this website
(together the “Site”), and/or using any of the Services (as defined below) accessible
though the Site, you become a user and agree to, and are bound by, the terms and
for as long as you continue to use the Site or Services. IF YOU DO NOT AGREE TO
BE BOUND BY THE TERMS, DO NOT USE THE SITE OR THE SERVICES. Your use
of, or participation in, certain Services may be subject to additional terms, and such
terms will be either listed in the Terms or will be presented to you for your acceptance
when you sign up to use such Services or purchase such products.
LenderMatch matches qualified small business owners with active banks, credit unions,
and other lending sources. Through a proprietary matching technology, LenderMatch
helps business owners identify the business loan category and specific lender(s) that
offer the best opportunity for that business owner to prepare for and acquire a business
loan. Once prepared, small business owners are then introduced to the most
appropriate lending source via our proprietary technology.
Changes to these Terms
Please check these Terms periodically for changes because we reserve the right, in our
sole discretion, to change, modify, add or remove portions of these Terms. Your
continued use of the Site following the posting of changes will mean that you accept and
agree to the changes. Please see the beginning of the Terms to determine when the
Terms were last revised.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks (whether
registered or not), logos, sounds, artwork of any kind, and computer code (collectively,
“Content”), including but not limited to the design, structure, coordination, selection,
appearance, and arrangement of the Content, contained on the Site is owned by
LenderMatch and is protected by trade dress, copyright, trademark, and other property
laws and unfair competition laws. Any misuse of the Content will be at your peril and
LenderMatch will do all that is lawful to enforce and protect the Content.
Use of Site and Service
Links to Third-Party Websites/Dealings with Advertisers and Sponsors
Disclaimer of Warranty
Limitation of Liability
Communication and Privacy
Term and Termination
Specific Terms Controlling Other Services and Products
1. Defined Terms.
As used in these Terms, the following words shall have the following meanings.
“LenderMatch” includes “Lender Match, “we”, “us” and variations such as “our”.
“Service” includes the products, services and software that you order, receive or access
as part of the LenderMatch service.
2. Use of Site and Service
As a user of the Site or a user registered to use any of the Services (a “Registered
User”), you agree to the following:
a. Exclusive Use. Your account is to be used only by you and only for your business
needs. You may not authorize others to use your account, and you may not assign or
otherwise transfer your account to any other person or entity. You acknowledge that
LenderMatch is not responsible for third-party access to your account that results from
theft or misappropriation of your username and passwords.
b. Information Submitted. You are solely responsible for and assume all liability
regarding (i) the information and content you provide through your use of the Site and
any Services, (ii) the information and content you make available in any manner through
the service, and (iii) your interaction with any and all third-parties. Any attempt to enter
information to create a duplicate account will be rejected and your account will be put on
c. Risk Assumption and Precautions. You assume all risk when using the Services,
including but not limited to all of the risks associated with any interactions with third-
parties, including but not limited to any lenders to which you are matched, referred or
d. No Guarantees. LenderMatch may not be able to provide matches for every
Registered User seeking to use its services. Further, LenderMatch makes no
guarantees as to the number of matches or the ability to obtain business funding.
e. No False Information. You agree to provide accurate, true, current and complete
f. Legal Purpose. You agree to not use the Site or Services for any illegal purpose. You
will only use the Site or Service in accordance with federal, state and local laws.
g. Business Purpose. You agree to only use the Site or Services for a bona fide
business purpose. You agree not to use the Site or Services for personal, family or
household purposes. You may not use the Site or Services to obtain information about
or make decisions about anyone but yourself and/or your business.
3. Proprietary Rights
a. Ownership of Proprietary Information. You hereby acknowledge and agree that
LenderMatch is the owner of all rights in and to the Site and Services. Federal, state,
and local laws and regulations protect these proprietary rights. You are permitted to use
the Site and Services only as expressly authorized by these Terms. You may not copy,
reproduce, distribute or create derivative works, reverse engineer or reverse compile
any of the Site or Services or technology.
b. No Use of Confidential Information. You will not post, copy, modify, transmit, disclose,
show in public, create any derivative works from, distribute, make commercial use of, or
reproduce in any way any (i) confidential information or (ii) other copyrighted material,
trademarks, or other proprietary information accessible via the Site or Services, without
first obtaining the prior written consent of the owner of such proprietary rights.
c. License to Provided Content. By providing information or content to any account or
public area of the Site or Service, you automatically grant, and you represent and
warrant that you have the right to grant, to LenderMatch and its users, an irrevocable,
perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly
perform, publicly display and distribute such information and content, 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. From time to time, we may create,
test or implement new features or services on the Site in which you may voluntarily
choose to participate, in accordance with the additional terms and conditions of such
features or programs. By your voluntary participation in such features or programs, you
grant us the rights stated in this subsection in connection with the additional terms and
conditions (if any) of such features or services.
4. User Information
Site. By using the Site or the Services, you are consenting to the terms of
b. Disclosure by Law. You acknowledge and agree that LenderMatch 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 (whether or nor
such disclosure is required by applicable law); or (ii) protect or defend LenderMatch’s,
or a third-party’s, rights or property.
c. Information Security. We work hard to protect LenderMatch and our users from
unauthorized access to or unauthorized alteration, disclosure or destruction of
information we hold. In particular:
We encrypt many of our services using SSL.
We review our information collection, storage and processing practices, including
physical security measures, to guard against unauthorized access to systems.
We restrict access to personal information to LenderMatch employees,
contractors and agents who need to know that information in order 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.
d. Use of Anonymous Information for Research. By using the Site and/or Services, you
agree to allow LenderMatch to anonymously use the information from you and your
experiences through the Services to continue LenderMatch’s research into successful
business practices and to improve the Services.
e. License Regarding Your Content. You retain all ownership interest in and to the
content you provide to the Site or as part of your use of the Services. However, by
submitting your content, including your personal and business information, you hereby
grant to LenderMatch a perpetual, non-exclusive, irrevocable, royalty-free license to:
reproduce, adapt, edit, modify, translate, publish, transfer, and/or distribute any of your
content. This license specifically includes the right for LenderMatch to make such
content available to other trusted companies, organizations, and/or individuals with
whom LenderMatch has a business relationship in order to carry out the performance of
the Services. As part of its performance of the Services, LenderMatch may (i) transmit
or distribute your information over various public networks and in various forms; and (ii)
make necessary changes to your content in order to perform its obligations.
LenderMatch offers a free subscription service to assist you with your business needs.
As explained above, LenderMatch matches you with various potential lenders and loan
products to meet your business needs. As part of the Services, we request and you
provide various items of information to be used in order to provide the best match for
your business needs from among our partners.
6. Links to Third-Party Websites and Dealings with Advertisers and
The Site and Services may contain links to websites of third-parties, including without
limitation, advertisers, which are not under the control of LenderMatch, and
LenderMatch is not responsible for the content of any linked site or any link contained in
a linked site, or any changes or updates to such websites. LenderMatch provides these
links to you as a convenience, and the inclusion of any link does not imply that
LenderMatch endorses or accepts any responsibility for the content on such third-party
website. 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 LenderMatch will not be
responsible or liable for any loss or damage of any sort incurred as the result of the
learn more about how we use your information.
7. Disclaimer of Warranty
a. No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW. LENDERMATCH PROVIDES THE SERVICES
ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF
ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH
RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION
CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-
INFRINGEMENT. LENDERMATCH DOES NOT WARRANT THAT YOUR USE OF THE
SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-
FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE
SERVICES WILL BE CORRECTED. LENDERMATCH DISCLAIMS LIABILITY FOR,
AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND
AVAILABILITY OF THE SERVICES.
b. Third-Party Content. Opinions, advice, statements, offers, or other information or
content made available through the Site or Services, but not directly by LenderMatch,
are those of their respective authors, and should not necessarily be relied upon. Such
authors are solely responsible for such content. LENDERMATCH 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
LENDERMATCH. UNDER NO CIRCUMSTANCES WILL LENDERMATCH 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.
c. Beta Features. From time to time, LenderMatch may offer new “beta” features or tools
with which its users may experiment on the Site or Services. Such features or tools are
offered solely for experimental purposes and without any warranty of any kind, and may
be modified or discontinued at LenderMatch’s sole discretion. The provisions of this
Disclaimer of Warranty section apply with full force to such features or tools.
8. Limitation of Liability
a. Incidental Damages and Aggregate Liability. IN NO EVENT WILL LENDERMATCH
BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT
DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE
THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR
CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND
PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF LENDERMATCH KNOWS
OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO
CIRCUMSTANCES WILL LENDERMATCH’S AGGREGATE LIABILITY, IN ANY FORM
OF ACTION WHATSOEVER IN CONNECTION WITH THIS TERMS OR THE USE OF
THE SERVICES OR SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR
ACCOUNT OR SUBSCRIPTION, OR, IF YOU HAVE NOT PAID LENDERMATCH FOR
THE USE OF ANY SERVICES, THE AMOUNT OF US$25.00 OR ITS EQUIVALENT.
b. No Liability for non-LenderMatch Actions. TO THE MAXIMUM EXTENT PERMITTED
BY LAW, IN NO EVENT WILL LENDERMATCH 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.
c. Information Verification. LenderMatch and its contractors may use various methods of
verifying information that users have provided. However, none of those ways are
perfect, and you agree that LenderMatch and its contractors will have no liability to you
arising from any incorrectly verified information.
You agree to indemnify, defend and hold harmless LenderMatch, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses
(including reasonable attorneys’ fees) relating to or arising out of (i) your use of or
inability to use the Site or Services, (ii) any user postings made by you, (iii) your
violation of any terms of these Terms or your violation of any rights of a third-party, or
(iv) your violation of any applicable laws, rules or regulations. LenderMatch reserves the
right, at its own cost, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will fully cooperate with
LenderMatch in asserting any available defenses.
10. Communication and Privacy
We may use your email address to send you messages notifying you of important
changes to the Services or special offers. Further, we may contact you by telephone if
you voluntarily provide us with your telephone number, in order to communicate with
you regarding the Services. If you do not want to receive such email messages or
11. Term and Termination
This agreement will become effective upon your acceptance of the Terms by your use
of the Site or Services and will remain in effect in perpetuity unless terminated
hereunder. Either you or LenderMatch may terminate your account at any time, for any
reason or no reason, without explanation, effective upon written notice to the other
party. LenderMatch reserves the right to immediately suspend or terminate your access
to any of the Services, without notice, for any reason or no reason. We also reserve the
right to remove your account information or data from our Services and any other
records at any time at our sole discretion. In the event your access to any of the
Services is suspended due to the breach of this Terms, you agree that all fees then paid
to LenderMatch by you will be nonrefundable and all outstanding or pending payments
will immediately be due. You may terminate your account by following the steps in the
applicable section under “Cancellations” below.
Cancellation At Any Time. The cancellation procedures in this section do not apply to
any lender that has entered into a Partner Agreement with LenderMatch. The terms of
cancellation for lenders will be contained in the Partner Agreement.
The following only applies to potential borrowers. Except as otherwise stated in this
section, you may cancel your registration or subscription to any Service at any time
during the term of such registration or subscription or any renewal period by accessing
the “Account Settings” page on your membership home page, clicking on
”Subscriptions” and clicking on “Cancel This Subscription,” and providing the
13. Specific Terms Controlling Other Services and Products
LenderMatch provides other services and products besides the Services. Additional
terms for such other services and/or products will be presented to you prior to your
acceptance of such terms and prior to your use of the services and/or products.
14. General Provisions
a. Controlling Law and Jurisdiction. You agree that Utah law (without giving effect to its
conflicts of law principles) will govern these Terms, the Site and the Services and that
any dispute arising out of or relating to these Terms, the Site or the Services will be
subject to the exclusive jurisdiction and venue of the federal and state courts in the
Illinois counties of Cook, Kane, Kendall, DuPage or McHenry. You acknowledge and
agree that any violation of these Terms may cause LenderMatch irreparable harm, and
therefore agree that LenderMatch will be entitled to seek extraordinary relief in court,
including but not limited to temporary restraining orders, preliminary injunctions and
permanent injunctions without the necessity of posting a bond or other security, in
addition to and without prejudice to any other rights or remedies that LenderMatch may
have for a breach of these Terms.
b. Miscellaneous. These Terms, which you accept upon registration for the Services,
services terms, comprise the entire agreement between you and LenderMatch
regarding the use of this Service, superseding any prior agreements between you and
LenderMatch related to your use of this Site or Services (including, but not limited to,
any prior versions of this Terms). The FAQ’s found on the Services are for informational
purposes only and are not deemed to be part of this Terms. Unless otherwise explicitly
stated, the Terms will survive termination of your registration to the Service. The failure
of LenderMatch to exercise or enforce any right or provision of these Terms does not
constitute a waiver of such right or provision. If any provision of these Terms is held
invalid, the remainder of the Terms will continue in full force and effect. Regardless of
any statute or law to the contrary, any claim or cause of action arising out of or related
to the use of the Site or the Terms must be filed within one (1) year after such claim or
cause of action arose or be forever barred. The section titles in the Terms are for
convenience only and have no legal or contractual effect.
c. Securities Statements. WE MAKE NO REPRESENTATIONS, WARRANTIES OR
OTHER GUARANTESS OF ANY KIND AS TO THE ACCURACY, COMPLETENESS
OR TIMELINESS OF ANY PRICE QUOTES, NOR DO WE MAKE ANY
REPRESENTATIONS, WARRANTES OR OTHER GUARANTESS OF ANY KIND AS
TO THE PRESENT OR FUTURE VALUE OR SUITABILITY OF ANY SALE, TRADE OR
OTHER TRANSACTION INVOVLING ANY PARTICULAR SECURITY OR ANY OTHER
INVESTMENT OF ANY KIND. You understand that we are not a broker or dealer in
securities, and not an investment or financial advisor. You are solely responsible for
your investment research. Prior to undertaking any securities transaction, you should
consult a broker or other financial advisor with respect to the price, suitability, value or
other aspects of any stock, mutual fund, security or other investment.