Terms of Use
This document or page is a legal agreement between you and Whistol, LLC, a Tennessee Limited Liability Company (“Whistol”), found at 800 S Gay St PMB #2074, Knoxville, TN 37929. 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 through the Site, you become a user and agree to, and are bound by the terms and conditions of this agreement and the Whistol Privacy Policy (collectively, “Terms”) 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 conditions will be either listed in the Terms or will be presented to you for your acceptance when you sign up and use such Services.
Whistol matches qualified small business owners with active banks, credit unions, and other lending sources. Through our proprietary matching business evaluation, Whistol helps business owners to 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 one of our commercial lending experts.
Changes to these Terms
Please check these Terms periodically for changes. Our company reserves the right, at our sole discretion, to change, modify, add, or remove portions of these Terms with or without notice. Your continued use of the Site following the posted changes will mean that you are in acceptance and agreement of the changes. Kindly refer to the beginning of this page to determine when the Terms were last revised.
Content
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 Whistol 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 Whistol will do all that is lawful to enforce and protect the Content.
1. Defined Terms
As used in these Terms, the following words shall have the following meanings: “Whistol” includes “Whistol, LLC,” “Whistol Financial,” “we,” “us,” and variations such as “our.” “Service” includes the products, services, and software that you order, receive, or access as a part of the Whistol 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. 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 third-parties.
b. 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 our company match, refer, or provide.
c. No Guarantees. Whistol may not be able to generate loan options for every visitor seeking to use its services. Further, Whistol makes no guarantee to the number of matches or the ability to obtain business funding.
d. No False Information. You agree to provide accurate, current, and complete information.
f. Legal Purpose. You agree not to use the Site or Services for any illegal purpose. You will only use the Site or Service following federal, state, and local laws.
g. Business Purpose. You agree to use the Site or Services for bonafide 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 or make decisions about anyone buy yourself and your business.
3. Proprietary Rights
a. Ownership of Proprietary Information. You acknowledge and agree that Lendio is the owner of all rights in and to the Site and Services. Federal, state, and local laws and regulations protect the 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 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 (i) confidential information or (ii) copyrighted material, trademarks, or other proprietary information accessible via the Site or Services, without first obtaining prior written consent of the owner of such exclusive rights.
c. Licensed 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 give, to Whistol 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 to 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, per additional terms and conditions of such features or programs. By your voluntary participation in such functions or applications, you grant us the right stated in this subsection in connection with the additional terms and conditions (if any) of such features or services.
4. User Information
a. Privacy Policy. For information about the collection and possible use of information and material provided by you, please visit Whistol’s Privacy Policy.
b. Disclosure by Law. You acknowledge and agree that Whistol 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 not such disclosure required by applicable law); or (ii) protect or defend Whistol’s, or a third party’s, rights or property.
c. Information Security. We work hard to protect Lendio and our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. In particular:
d. Use of Anonymous Information for Research. By using the Site and Services, you agree to allow Whistol to anonymously use the information from you and your experiences through the Services to continue Whistol’s research into successful business practices and to improve the Services.
e. License Regarding Your Content. You retain all ownership interest 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 grant Whistol a perpetual, non-exclusive, irrevocable, royalty-free license to reproduce, adapt, edit, modify, translate, publish, transfer, and distribute any of your content. This license specifically includes the right for Lendio to make such material available to other trusted companies, organizations, and individuals with whom Whistol has a business relationship to carry out the performance of the Services. As a part of its production of the Services, Whistol may (i) transmit or distribute your information over various public networks and in various forms; and (ii) make necessary changes to your content to perform its obligations.
5. Services
Whistol offers free business resources to assist you above and beyond lending. This Service is provided with all faults and without warranty of any kind. You expressly acknowledge and agree that use of the licensed material is at your sole risk, to the maximum extent permitted by applicable law.
6. Links to Third-Party Websites and Dealings with Advertisers and Sponsors
The site and Services may contain links to websites and other third parties, including without limitation, advertisers, which are not under the control of Whistol. Whistol is not responsible for the content of any linked site or any linked contained in a linked site, or any changes or updates to such websites. Whistol provides these links to you as a convenience, and the inclusion of any link does not imply that Whistol 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 Lendio will not be responsible or liable for any loss or damage of any sort 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.
7. Disclaimer of Warranty
a. No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WHISTOL 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. Whistol 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. WHISTOL DISCLAIMS LIABILITY FOR, AND NO WARRANTY CONCERNING, 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 Whistol, are those of their respective authors, and should not necessarily be relied on by the user. Such authors are solely responsible for such content. Whistol 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 Whistol. UNDER NO CIRCUMSTANCES WILL Whistol 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, Whistol 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 Whistol’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 WHISTOL 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 OUR COMPANY BECOMES AWARE OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL Whistol’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 Whistol FOR THE USE OF ANY SERVICES, THE AMOUNT OF US$25.00 OR ITS EQUIVALENT.
b. No Liability for non-company Actions. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL Whistol BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL AND 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. Whistol 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 Whistol and its contractors will have no liability to you arising from any incorrectly verified information.
9. Indemnification
You agree to indemnify, defend and hold harmless Whistol, 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. Whistol 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 Whistol in asserting any available defenses.