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Terms of Use

The agreement between you and Omni Asset Finance — including dispute resolution, arbitration, and limitations of liability.

Terms of Use

DRAFT — NOT FOR PRODUCTION USE — REQUIRES LEGAL REVIEW BEFORE LAUNCH

Last Updated: [DATE] Effective Date: [DATE]

1. Acceptance of Terms

By accessing or using the Omni Asset Finance website and services ("Services"), you agree to be bound by these Terms of Use ("Terms") and our Privacy Policy. If you do not agree, do not use our Services.

These Terms constitute a binding agreement between you and Omni Asset Finance ("we," "us," "our"), with operating address 2729 W. Pacific Coast Hwy., Newport Beach, CA 92663.

2. Description of Services

Marketplace, Not a Lender

Omni Asset Finance is a financing marketplace. We are not a lender. We do not make loans, fund advances, set rates or terms, make underwriting decisions, or service loans. We collect information from prospective borrowers, match them with lenders in our partner network, and earn referral fees on funded transactions.

What We Do

  • Collect and evaluate applications submitted through our platform
  • Match applications to one or more lender partners based on borrower profile
  • Facilitate communication between you and our lender partners
  • Provide educational resources about business financing

What Our Lender Partners Do

Our lender partners are independent third parties. Each lender:

  • Sets its own underwriting criteria, rates, terms, and fees
  • Makes its own approval and funding decisions
  • Has its own privacy policy, terms, and customer agreements
  • Is responsible for its own compliance with applicable laws

We do not control, guarantee, or endorse the decisions, terms, or conduct of our lender partners.

3. Eligibility and User Obligations

Eligibility

By using our Services, you represent and warrant that you:

  • Are at least 18 years old
  • Have the legal authority to act on behalf of the business identified in your application
  • Are seeking financing for legitimate, lawful business purposes
  • Are legally able to enter into binding agreements

Accurate Information

You agree to provide complete, accurate, and current information in all applications and communications. You acknowledge that providing false, misleading, or fraudulent information may result in:

  • Immediate termination of your access to the Services
  • Reporting to lender partners, credit bureaus, and law enforcement where appropriate
  • Legal action for fraud or misrepresentation

Authorization

By submitting an application, you authorize:

  • Omni Asset Finance to share your information with lender partners in our network
  • Soft credit inquiries by Omni Asset Finance and our lender partners (which do not affect credit scores)
  • Hard credit inquiries by lender partners during underwriting (with your separate consent)
  • Ongoing communication from Omni Asset Finance and our lender partners about financing opportunities

4. Prohibited Uses

You agree not to use our Services to:

  • Provide false, misleading, or fraudulent information
  • Apply for financing for illegal purposes or on behalf of unauthorized parties
  • Attempt to circumvent our matching, scoring, or routing systems
  • Access information of other users or accounts
  • Upload malicious code, viruses, or harmful content
  • Engage in scraping, harvesting, or automated data extraction
  • Violate any applicable federal, state, or local laws or regulations

5. Intellectual Property

Our Property

Omni Asset Finance owns all rights, title, and interest in:

  • Our website, platform, software, and underlying technology
  • Our trademarks, service marks, logos, trade dress, and brand identifiers
  • Our matching algorithms, scoring models, and proprietary systems
  • All content, copy, and materials we create or compile

You receive no rights in any of the foregoing except as expressly granted in these Terms.

Limited License to You

We grant you a limited, non-exclusive, non-transferable, revocable license to use our platform solely for its intended purpose of seeking financing for your business. This license terminates automatically when you stop using our Services or violate these Terms.

Information You Provide

You retain ownership of information you submit. You grant Omni Asset Finance a worldwide, non-exclusive, royalty-free license to use, store, process, and share that information as necessary to provide the Services and as described in our Privacy Policy.

6. Disclaimers

No Guarantee of Funding

Omni Asset Finance does not guarantee that you will receive financing offers, that any lender will approve your application, or that any funded loan will be on terms acceptable to you. Submission of an application creates no obligation on the part of any lender to extend credit.

Platform Availability

We strive to keep the platform available and reliable but do not guarantee:

  • Uninterrupted or error-free operation
  • Compatibility with every device, browser, or network
  • Immediate response to support requests or technical issues

We may modify, suspend, or discontinue any part of the Services at any time without liability.

Third-Party Content and Conduct

We are not responsible for:

  • The content, accuracy, or terms of any lender's offers, agreements, or communications
  • The conduct or decisions of lender partners
  • Third-party websites linked from our platform
  • Information or services provided by service providers or vendors

Accessibility

We are committed to making our website accessible. If you experience accessibility difficulties, contact accessibility@omniassetfinance.com. We strive to comply with WCAG 2.1 Level AA guidelines and applicable accessibility laws.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

Excluded Damages

OMNI ASSET FINANCE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, business opportunities, or anticipated savings
  • Damage to reputation, goodwill, or business relationships
  • Data loss, system downtime, or service interruption
  • Acts, omissions, or decisions of lender partners

Maximum Liability

Our total cumulative liability arising from or related to your use of the Services shall not exceed the greater of (a) the total amount you have paid to Omni Asset Finance in the twelve months preceding the claim, or (b) five hundred dollars ($500).

Basis of the Bargain

You agree that these limitations are a fundamental basis of our agreement and reflect a reasonable allocation of risk. The limitations apply regardless of the legal theory of recovery, whether contract, tort, statute, or otherwise.

Carve-Outs

Nothing in this Section 7 limits liability for our gross negligence, willful misconduct, fraud, or violations of applicable law.

8. Indemnification

You agree to defend, indemnify, and hold harmless Omni Asset Finance and our officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from or related to:

(a) Your access to or use of the Services (b) Your violation of these Terms or our Privacy Policy (c) Your violation of any third-party right, including intellectual property, privacy, or contract rights (d) Information you provide to us, our lender partners, or others through the Services (e) Your applications, agreements, or transactions with lender partners (f) Your violation of any applicable law or regulation

Exclusions. This indemnification obligation does not apply to claims arising from Omni Asset Finance's own gross negligence, willful misconduct, fraud, or violation of applicable law.

Defense and Cooperation. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with our defense.

Survival. This indemnification obligation survives termination of these Terms.

9. Dispute Resolution

Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of laws principles.

Binding Arbitration

PLEASE READ CAREFULLY. THIS SECTION AFFECTS YOUR LEGAL RIGHTS.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services ("Dispute") shall be resolved through binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

Class Action Waiver

YOU AND OMNI ASSET FINANCE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any form of representative or class proceeding.

Arbitration Process

  • One arbitrator selected per AAA rules
  • Arbitration takes place in Orange County, California, or remotely as the arbitrator may direct
  • Each party bears its own attorney's fees and costs unless otherwise awarded by the arbitrator
  • The arbitrator's decision is final and binding

Exceptions to Arbitration

This arbitration agreement does not apply to:

  • Claims that may be brought in small claims court
  • Claims for injunctive or equitable relief
  • Claims related to intellectual property rights, trade secrets, or confidentiality

Right to Opt Out of Arbitration

You may opt out of this arbitration agreement by sending written notice within thirty (30) days of first using the Services to legal@omniassetfinance.com with the subject line "Arbitration Opt-Out." If you opt out, this Section 9 does not apply, and Disputes will be resolved in the state or federal courts located in Orange County, California, to whose jurisdiction you consent.

10. General Provisions

Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and Omni Asset Finance regarding the Services.

No Waiver

Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.

Assignment

You may not assign or transfer your rights under these Terms. Omni Asset Finance may assign or transfer its rights and obligations without restriction.

Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, acts of war, terrorism, civil unrest, labor disputes, government action, infrastructure failures, or pandemics.

Modifications

We may update these Terms periodically. Material changes will be posted on our website with an updated "Last Updated" date. Continued use after changes constitutes acceptance of the updated Terms.

Notice

Notices to you may be provided via email, posting on our website, or by mail to the address you provided. Notices to Omni Asset Finance must be sent to legal@omniassetfinance.com or by mail to our operating address.

11. Contact

Omni Asset Finance 2729 W. Pacific Coast Hwy. Newport Beach, CA 92663 Email: legal@omniassetfinance.com Phone: (XXX) XXX-XXXX

This document is a draft for review purposes only. It has not been reviewed by counsel and should not be relied upon as legal advice. Final language is subject to attorney review prior to production use.