Terms of Use

Last Revised and Effective: May 2, 2022

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

Capitalized terms shall have the meanings defined below, and shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions, the following definitions apply:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Account means a unique account created for You to access our Service or parts of our Service.
  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Enhancify.com, LLC, GTE Financial Building, 601 N. Ashley Drive, 11th Floor, Suite 1100, Tampa, FL 33602.
  • Country refers to: Florida, United States
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
  • Promotions refer to contests, sweepstakes or other promotions offered through the Service.
  • Service refers to the Website.
  • Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
  • Terms and Conditions (also referred as "Terms") mean these Terms of Use that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to Enhancify.com, accessible from https://www.enhancify.com
  • You and Your means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgement

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your unqualified acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service and you must discontinue the use of the Service immediately.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your unqualified acceptance of, and compliance with, the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information (and, as applicable, corporate information) when You use the Application or the Website and tells You about Your privacy rights. Please read Our Privacy Policy carefully before using Our Service.

Authorization to Opt-In to Participating Lending Programs

By becoming an Enhancify customer, using or accessing any Enhancify service or related services, You hereby irrevocably grant Enhancify, for the duration of your relationship with Enhancify, full authority and permission to enroll you and/or your business into the loan origination and funding programs and services of participating partner lenders on Enhancify's platform. This authority includes, but is not limited to: (a) completing and submitting on your behalf enrollment applications or forms required by participating lending partners, (b) agreeing on your behalf to specific Disclosures, Program Agreements, and other Terms required by participating lenders to access their funding programs (which will be provided to you), (c) agreeing to verification of credit history of you, individually or in relation to a business and other principals, owners, or partners of your business, as required by lending partners, and (d) accessing data necessary and advisable in connection with providing appropriate service through Enhancify. This authorization will automatically end upon termination of your relationship as a customer with Enhancify.

Subscriptions

Subscription period

The Service or some parts of the Service are available only with a paid Subscription. To the extent that You enroll in a Subscription, You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each Subscription period, Your Subscription will automatically renew at the same price and under the exact same conditions unless You cancel it or the Company cancels it. Your Subscription will remain in effect until it is cancelled and You can cancel at any time. The Company may, in its sole discretion, terminate your Subscription at any time without notice. If we do so, you will no longer be charged for your Subscription.

Subscription cancellations

You may cancel Your Subscription renewal by calling: 813-499-9879, by email at: support@enhancify.com, by submitting a form at: https://www.enhancify.com/contact-us, or by contacting your Client Success Manager.

Fees are non-refundable once they have been charged. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

Billing

You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, by a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. If you fail to pay Your invoice by the deadline date, the Company may terminate your access to the Service.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

If you do not terminate your Subscription after receiving such notice, Your continued use of the Service after the Subscription fee change comes into effect will be deemed to constitute Your agreement to pay the modified Subscription fee amount.

Refunds

Enhancify offers a Results Guarantee for companies that enroll in its services: if you are not satisfied with your Enhancify membership after reviewing the included training materials and submitting ten customer applications without a successful project funding, we will provide a full refund if requested within the first thirty (30) days of your membership. To receive a refund, you must complete a Refund Request with an Enhancify representative. If you successfully get a sale, job, or project funded through your Enhancify financing page, you are no longer eligible for a refund. There are no cancellation fees related to refunds or Enhancify membership cancellations under this circumstance.

As described above, Enhancify memberships are annual subscriptions and renew automatically for your convenience to avoid any interruption of service for your business and customers. You will receive a reminder before the auto-renewal of your membership, and can opt-out any time before then. We do not offer refunds for renewal memberships.

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

You acknowledge and grant the Company the right to use Your performance efficiency achieved through the Service in its marketing materials or other promotions, which shall include naming You as a client of the Company, a brief scope of services provided, and performance results. In addition, You hereby allows the Company to display Your logo (or other identifying information) in promotional materials.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Content Submissions and Transmission

Our Service allows You, and others You permit, to post or transmit content to and from the Service, including Subscription services, through various means, such as, but not limited to, reviews, feedback, and chat functionality. If you are a consumer seeking to be matched with a loan, you consent to our sharing your information (including your income, credit score, rates from lender and loan amount) with third party service providers, contractors and lenders. You are responsible for all content, whether publicly posted or privately transmitted, that You post or transmit through the Service or permit to be posted or transmitted through the Service, including its legality, reliability, and appropriateness. We may, but accept no duty to, monitor all content posted or transmitted via the Service. We will remove any inappropriate content, regardless of how it is discovered, and, in addition the Company reserves the right to delete accounts of those users that continue to post or transmit inappropriate content.

Under no circumstances will the Company be responsible or liable in any way for any data or content provided by You or on Your behalf, including, but not limited to, any errors or omissions in any content, including the content exchanged through chat as a courtesy to You, or any loss or damage of any kind incurred as a result of the use of any information or content posted, transmitted or otherwise made available via the Service, through chat, or broadcast elsewhere. You acknowledge sole responsibility for and assume all risk arising from Your use of or reliance on any content submitted through any such medium.

In using the Service, including the Subscription services or other transmission methods, including, but not limited to, chat functionality, You represent and warrant that the posting or transmission of your Content on or through the Service, or any aspect of the Service, does not violate the privacy rights, copyrights, contract rights or any other rights of any person.

You agree not to:

  • transmit any private information of an individual, such as, without limitation, their address, phone number, email address, financial information or similar information without their permission;
  • permit unauthorized access by third parties to the Service, including by Your employees and agents;
  • transmit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise inappropriate; or
  • impersonate another person or represent yourself as affiliated with Us or Our staff.

This list is intended to provide illustrative examples and is not intended to be complete or exhaustive. We reserve the right to enable/disable Your access to, or use of, the Service or any aspect of the Service, including chat functionality.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features, and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

The Company welcomes Your feedback and suggestions about its programs or services or with respect to how to improve the Website. By transmitting any suggestions, information, material, or other content (collectively, "Feedback") to the Company, You represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that You have all rights necessary to convey to the Company and enable the Company and/or the Website to use such feedback.

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction, and you hereby waive any claim to the contrary.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services, and any inclusion of these third-party links does not imply endorsement by the Company of the third party's website, products, services, or any association with the Company. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

You expressly agree that Your use of the Service is at your sole risk. The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the state of Florida United States of America, without giving effect to any choice of law or conflicts of law rules that might otherwise require the application of a jurisdiction other than the state of Florida, shall govern this Terms and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.

Dispute Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

Copyright and Trademark Notices

All material included on the Website, except third-party content as referenced above, is the property of the Company and is protected by United States and international copyright laws. No portion of the material on the Website may be reprinted or republished in any form without the express written permission of the Company or, with respect to third-party content, its respective owner. You may download material from the Website for Your own personal, non-commercial use only, provided You do not modify the material and keep intact all copyright and other proprietary notices. You may not further distribute or display such material for any purpose. Without Our prior written consent. You may not (a) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (b) use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts or other automatic device) to monitor or copy Our web pages or the content contained thereon; (c) link or deep-link to the Website for any purpose; or (d) frame the Website, place pop-up windows over its pages, or otherwise affect the display of its pages.

Certain of the names, logos, and other materials displayed on the Website may constitute trademarks, tradenames, service marks or logos ("Marks") of the Company or third parties. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith, with the exception of the third-party Marks, remains with the Company and are protected by United States and international trademark laws. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any of the Marks displayed on the Website. Your use of the Marks displayed on the Website, or any other content on the Website, except as provided herein, is strictly prohibited. All Marks not owned by the Company that appear on the Website are the property of their respective owners.

Copyright Infringement Policy

In accordance with the requirements set forth in the Digital Millennium Copyright Act, Title 17 United States Code Section 512(c)(2) ("DMCA"), the Company will investigate notices of copyright infringement and take appropriate remedial action. If You believe that any content on the Website has been used or copied in a manner that infringes Your work, please provide a written notification of claimed copyright infringement to the Designated Agent for the Website containing the following elements as set forth in the DMCA:

  • a physical or electronic signature of the owner of the copyright interest that is alleged to have been infringed or the person authorized to act on behalf of the owner;
  • identification of the copyrighted work(s) claimed to have been infringed, including copyright date;
  • identification of the content You claim to be infringing and which You request be removed from the Website or access to which is to be disabled along with a description of where the infringing content is located;
  • information reasonably sufficient to allow us to contact you, such as a physical address, telephone number and an email address;
  • a statement by You that You have a good faith belief that the use of the content identified in Your written notification in the manner complained of is not authorized by You or the copyright owner, its agent or the law; and
  • a statement by You that the information in Your written notification is accurate and that, under penalty of perjury, You are the copyright owner or authorized to act on behalf of the copyright owner.

Company's designated agent for the written notification of claims of copyright infringement can be contacted at the following address:

Designated Agent - Copyright Infringement Claims

Enhancify.com, LLC

c/o Greenspoon Marder LLP

Attention: Robby H. Birnbaum, Esq.

100 West Cypress Creek Road, Suite 700

Fort Lauderdale, FL 33309

Phone: (954) 343 6959

Email: Robby.Birnbaum@gmlaw.com

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service. We also recommend that you review these Terms each time you visit the Website and check the "Last Revised" date for notice of any changes.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

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