Terms and Conditions
Last Updated: February 18, 2019
Acceptance of the Terms
This Platform is intended, offered and available only to users who are using the Platform for commercial purpose only, who are 18 years of age or older and who reside in the United States or any of its territories or possessions. By using this Platform, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.
QuickFi® is owned and operated by Innovation Finance USA LLC, 30 Liftbridge Lane East #200, Fairport, NY 14450, which is referred to below as “Innovation Finance” or “Company,” “we,” “our,” or “us.”
You agree that:
- your use of the Platform is subject to and governed by these Terms and Conditions;
- you will access or use this website and transact business with us only if you are at least 18 years old;
- you will comply with and be bound by these Terms and Conditions as they appear on this page each time you access and use the App or Websites;
- each use of this Platform by you indicates and confirms your assent to and agreement to be bound by these Terms and Conditions; and
- these Terms and Conditions are a legally binding agreement between you and Innovation Finance that will be enforceable against you.
You agree that you will not use or attempt to use the Platform for any purpose other than conducting equipment financing related business with Innovation Finance as a bona fide client of Innovation Finance; you may not use or attempt to use the Platform for any purpose:
- that interferes with or induces a breach of the contractual relationships between Innovation Finance and its employees;
- that is any way unlawful or prohibited (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries), or that is harmful or destructive to anyone or their equipment;
- that transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited email, unsolicited commercial communications;
- that transmits any harmful or disabling mobile application and/or computer codes or viruses;
- that harvests email addresses from the Platform;
- that transmits unsolicited email to the Platform or to anyone whose email address included the domain under the Platform;
- that interferes with our network services;
- that attempts to gain unauthorized access to our network services by any means (including, for example, a robot, spider or other automatic device, process or means or any manual process) for any purpose (including, for example, monitoring or copying any of the material on the Platform);
- that suggests an expressed or implied affiliation with Innovation Finance or vender and/or broker relationship with Innovation Finance (without the express written permission of Innovation Finance);
- that impairs or limits our ability to operate the Platform or any other person’s ability to access and use the Platform;
- that uses any methods, means or devices to utilize the Platform or cause a visit to the App or Websites for the purpose of manipulating the results of any Internet search engine, or for any other purpose other than conducting equipment leasing related business with Innovation Finance as a bona fide client of Innovation Finance;
- that unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity;
- that harms, threatens, harasses, abuses, or intimidates another person in any way or involves images or content that depicts, promotes; encourages, indicates, advocates, or tends to incite the commission on a crime or other unlawful activities;
- that dilutes or depreciates the name and reputation of Innovation Finance or any of its business partners or affiliates ("Affiliates");
- that transmits or uploads any content or images that infringes any third party’s intellectual property rights or infringes any third party’s right of privacy; and/or
- that unlawfully transmits or uploads any confidential, proprietary, or trade secret information.
If you make any unauthorized use of the Platform or these Terms and Conditions: (a) you may be in violation of copyright and other laws of the United States, as well as applicable state laws, and may be subject to penalties, and (b) you may be responsible for damages caused to Innovation Finance.
Innovation Finance reserves the right at all times, in its sole discretion and without notice to you, to deny your access to and use of QuickFi®.
You agree and acknowledge that you have the sole responsibility and liability for your use of QuickFi® and for providing or obtaining, and for maintaining, all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary or desirable for you to access and use QuickFi®.
Privacy and Your Personal Information
You agree that Innovation Finance may use and maintain your data according to the law. You give Innovation Finance permission to combine information you upload during your usage of QuickFi® with that of other Innovation Finance services. Innovation Finance may access or store your personal information to the extent permitted applicable by law.
Intellectual Property Rights
You acknowledge and agree that:
- all content, web pages, source code, calculations, products, materials, data, information, text, screens, functionality, services, design, layout, screen interfaces, “look and feel”, and the operation of the Websites or App (“Web Page Content”) are protected by various intellectual property laws, including, but not limited to, copyrights, patents, trade secrets, trademarks, and service marks; and
- all rights associated with the Web Page Content as well as all right, title, and interest in and to its App and Websites, including all rights under patent, copyright, trade secret, trademark or unfair competition law, and any other proprietary rights, including all applications, renewals, extensions and restorations thereof are owned by Innovation Finance, its licensors, or content providers.
Furthermore, you acknowledge and agree that you do not acquire any ownership rights by downloading or viewing any Web Page Content. You further acknowledge and agree that you will not in any way copy, reproduce, publish, create derivative works from, perform, upload, post, distribute, transfer, modify, adapt, reverse engineer, frame in any Web page, or alter the appearance of any Web Page Content.
You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from the App or Websites and you will not remove, obscure, or alter the App or Websites’ copyright notice, trademarks, or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by the App or Websites.
You may not use Web Page Content, domain names (in whole or in part), or email addresses related to or derived from this website, nor any data, trademarks, functionality, service marks, tradenames, brand names and/or logos contained within or derived from this website, for any purpose; meaning that you may not, among other prohibited uses, use any Web Page Content, domain names, email addresses, data, trademarks, service marks, trade names, brand names and/or logos on or derived from this website:
- in or as any meta-tag or hidden text;
- in or as part of any contextual marketing directory, index, or triggering term;
- as content or advertising related to any other website including, but not limited to, comparative/informational websites; and/or
- as a variable or data element in any algorithm that causes another Internet browser to appear on, over, or at the same time as Innovation Finance’s website or controls that content of any other Internet browser window.
The Company name, the terms Innovation Finance and QuickFi® and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Submission of Ideas
You acknowledge and agree that all submissions to us containing any comments, improvements, suggestions, ideas, drawings or creative materials ("Ideas") regarding the Platform will become and remain our exclusive property, including any future rights associated with such submissions, even if the provisions of these Terms and Conditions are later modified or terminated. You acknowledge and agree that you forever disclaim any proprietary rights in such Ideas, and you acknowledge Innovation Finance’s unrestricted right to use, publish, and commercially exploit, identical, similar, or derivative ideas originating from your Ideas, in any medium, now and in the future, without notice, compensation, or other obligation to you or any person. Do not send us Ideas if you expect to be paid or want to continue to own or claim rights in them; your Ideas might be great, but we may have already had the same or similar idea and we do not want disputes.
User Contributions & Testimonials
You acknowledge and agree that all User Contributions and testimonials submitted to Innovation Finance will become and remain our exclusive property, even if the provisions of these Terms and Conditions are later modified or terminated. You irrevocably grant to Innovation Finance the unrestricted right (now and in the future, without notice, compensation or other obligation to you or any other person) to use your statement, image, likeness, as they may be used, in any medium, in connection with an advertisement or for any other publicity purpose. You further agree that Innovation Finance may use any percentage of your testimonial, image, likeness and/or works, in any way that it sees fit, and may exclude your name or use a fictitious name herewith. You represent and warrant that you own or control all rights in and to your User Contributions with a right to grant a license and that all of your User Contributions and testimonials do and will comply with these Terms and Conditions.
Not Responsible for Links to Other Websites
For your convenience, the Platform may provide links to other websites on the World Wide Web. Unless expressly stated otherwise on the App or Websites, Innovation Finance does not endorse, approve, sponsor or control, and we are not in any way responsible for, any of the content, services, calculations, information, products, or materials available at or through any websites to which we may provide a link. By using the Platform, you acknowledge and agree that Innovation Finance will not be responsible or liable to you or any other person for any damages or claims that might result from your use of such content, services, calculation, information, products, or materials.
Changes to the Terms and Conditions
You agree and acknowledge that we may revise or change these Terms and Conditions at any time, without notice to you, and you agree that you will be bound by the provisions of these Terms and Conditions as they appear on the Websites and/or on the App. You are expected to refer back often to these Terms and Conditions as they may change often, and the changes are binding on you. In addition, you agree and acknowledge that all other content, services, products, and materials on or available through the Websites are subject to updating and revision without notice to you. All changes are effective immediately when we post them, and apply to all access to and sue of the Platform thereafter. However, any changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction section will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Websites. You further acknowledge and agree that individual modifications to the Terms and Conditions may not be altered by contact, unless expressly permitted in writing by the Chief Executive Officer (CEO) of Innovation Finance.
Accessing the Website and Account Security
From time to time, we may restrict access to some parts of the Platform to users, including registered users. We reserve the right to withdraw or amend the Platform in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period or if you are denied access.
You are responsible for:
- making all arrangements necessary for you to have access to the Platform; and
- ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions and comply with them.
If you choose, provide, or are provided with a user name, password, or any other piece of information or identifier as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
If we believe you have violated any provision of these Terms and Conditions in any way, we may, in our sole discretion and without limiting other remedies, restrict, suspend, terminate your user account and access to our Platform, remove or correct information you provide or post and take technical or legal steps to prevent you from using our Platform.
Compliance with Applicable Law
You understand and acknowledge that Innovation Finance controls and operates the Platform from within the United States of America, and all Services are available only in the United States, and you acknowledge and agree that you are responsible for compliance with all federal, state, and local laws applicable to your access to and use of the Platform.
User IDs and Passwords
The Platform is restricted to users who have obtained a user identification and password by completing a registration process. Please be sure to protect and maintain the confidentiality of any user identification, password, or any other identifying information you may obtain in connection with your use of the App. You agree to notify Innovation Finance immediately if you believe your user identification, password, or other identifying information has been lost, stolen, or otherwise compromised.
You agree to defend, indemnify and hold harmless Innovation Finance and its Affiliates, vendors, licensors and service providers, and its and their employees, officers, directors, contractors, agents, representatives, successors and assigns from and against any costs, claims, liabilities, damages, judgments, awards, expenses or other losses, including attorney’s fees and court costs, that arise from or are related to your violation of these Terms and Conditions or your use of the Platform, including, without limitation, your User Contributions and use of Web Page Content other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Platform.
THE WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS PLATFORM ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INNOVATION FINANCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. INNOVATION FINANCE MAKES NO REPRESENTATION OR WARRANTY REGARDING THE WEB PAGE CONTENT OR ITS USE THEREOF. THE WEB PAGE CONTENT ON OR AVAILABLE THROUGH THE PLATFORM COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND COULD BECOME INACCURATE BECAUSE OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES OF PREPARATION OR PUBLICATION. INNOVATION FINANCE HAS NO OBLIGATION TO MAINTAIN THE CURRENCY OR ACCURACY OF ANY WEB PAGE CONTENT ON OR AVAILABLE THROUGH THE PLATFORM.
YOU ACKNOWLEDGE AND AGREE THAT INNOVATION FINANCE IS NOT, AND SHALL NOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS PLATFORM OR ITS OPERATION. AS TO THE OPERATION OF THE PLATFORM, INNOVATION FINANCE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INNOVATION FINANCE MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE OPERATION OF THE PLATFORM WILL MEET YOUR OR ANY OTHER USER'S REQUIREMENTS; (B) ACCESS TO THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) ANY DEFECTS IN THE PLATFORM WILL BE CORRECTED. YOU AGREE THAT YOU, AND NOT INNOVATION FINANCE, WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THE PLATFORM.
Limitation of Liability
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL INNOVATION FINANCE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES OR INJURY CAUSED BY ERROR, INACCURACY, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, TELECOMMUNICATIONS FAILURE OR COMPUTER VIRUS OR OTHER PROBLEM, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS PLATFORM OR THE WEB PAGE CONTENT ON OR AVAILABLE THROUGH THE PLATFORM, WHETHER IN AN ACTION ALLEGING BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY WEB PAGE CONTENT ON OR AVAILABLE THROUGH THE PLATFORM. YOU AGREE THAT INNOVATION FINANCE SHALL NOT BE LIABLE EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL INNOVATION FINANCE'S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN ACCESSING OR USING THIS PLATFORM OF WEB PAGE CONTENT THEREON.
Communications with Company
Lease and Loan Approvals: All lease and loan approvals, pre-qualifications, pre-approvals, rate locks, monetary agreements, and the like, are only made by Innovation Finance in writing. Approvals, pre-approvals, and pre-qualifications are conditional in accordance with these terms except anything specifically provided in writing and signed by Innovation Finance.
UCC-1 Financing Statements: You hereby grant us permission to file (a) blanket UCC-1 Financing Statement(s) in anticipation of your company’s future equipment financing and equipment leasing on the Platform. You hereby assign and grant to us a continuing lien on, and a security interest in and to (the “Security Interest”), each and every item of tangible personal property and equipment described on any Authorized Invoice(s) which have been uploaded by Borrower via the QuickFi® Application (“Uploaded”) to Lender and which are incorporated by reference into these Terms and Conditions as if fully set forth herein, together with all additions, substitutions, replacements, attachments, parts, and accessories thereto or thereof, all general intangibles (including without limitation system and authorized application software) related thereto, and all cash and non-cash proceeds thereof. You authorize us to file, endorse, execute and/or record, and appoint Lender as Borrower’s attorney in fact, to execute solely by us as secured party, any type of UCC financing statement, certificate of title or other lien recording documents necessary to file, protect, enforce, record and/or perfect any security interest in any Collateral and ratify, approve, authorize and agree to be bound with respect to any UCC financing statements or amendments or certificates of title filed and/or recorded by us prior to (and following) the date of these Terms and Conditions.
E-signature: Any e-signature that is clicked and/or typed is legally binding to you.
Reporting and Monitoring of Communications: Your communications with Innovation Finance via the Apps or Websites, email, Zendesk Live Chat, telephone, or other methods may be recorded or monitored and by using such communication methods you are consenting to the recording or monitoring of the same.
Social Media Sites
Innovation Finance may provide experiences on social media platforms such as Facebook, Twitter, Instagram, YouTube, and Linkedin that enable online sharing and collaboration among users who have registered to use them. Any content you post, such as pictures, information, opinions, or any personal information that make you available to other participants on these social platforms, is subject to the Terms and Conditions and Privacy Policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.
Agreement to calls and information sharing: if you submit to Innovation Finance through the Platform, or otherwise make an inquiry about equipment financing, you understand and agree that we may share the information that you provide, including, but not limited to, your full name, address, company name, and telephone number, with our Affiliates so that they may respond to your inquiry. You authorize Innovation Finance to share your information, either as provided by you or as corrected by us. You acknowledge that Innovation Finance is not a party to any agreement that you may make with an Affiliate, and that the Affiliate is solely responsible for its services to you. You understand that requirements for a particular product or service, including equipment financing, are determined by the Affiliates and that Innovation Finance does not endorse, warrant, or guarantee the products or services of any of its Affiliates. You ensure that Innovation Finance shall not be liable for any damages or costs which arise from your use of the Affiliates’ goods or services.
Application of Additional Terms
You acknowledge that certain features of the Platform, and other products and services of Innovation Finance, including those that may be available through the App and Websites, may be subject to terms, conditions, and disclaimers in addition to these Terms and Conditions, and you agree that your use of such products and services will be subject to such additional terms, conditions, and disclaimers.
Agreement to Provide Accurate Information
In making a financing inquiry or entering into any other transaction or request for information via the Platform you agree to provide accurate, true, current, and complete information upon which Innovation Finance may rely.
Notice of Copyright Infringement
If you believe that any content on the Platform infringes upon any copyright which you own or control, you may send a written notification, containing the information required under Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512 to our Designated Copyright Agent as set forth below.
Please provide our Designated Copyright Agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act please contact:
Designated Copyright Agent: Diana Clarkson, Harter, Secrest & Emery LLP, email@example.com
Governing Law and Jurisdiction
The adjudication of disputes pursuant to this paragraph shall be in your individual capacity, and not as a plaintiff or class member in any purported class action or representative proceeding. You may not bring any claim as a private attorney general on behalf of other similarly situated persons.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
Your Comments and Concerns
This website is operated by Innovation Finance. All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.
All other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: firstname.lastname@example.org or the following address:
Innovation Finance USA, LLC
Attn: Support Department
30 Liftbridge Lane E., Suite 200,