Business Makeover LLC® Website Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS OF USE POSTED TO THIS SITE FROM TIME-TO-TIME. IF YOU DO NOT AGREE TO THESE TERMS OR ANY MODIFIED VERSION OF THESE TERMS, YOU SHOULD STOP USING THIS SITE IMMEDIATELY.
Table of Contents
1. Definitions
2. General
3. Changes
4. Eligibility
5. Site Requirements
6. License
7. User Content
8. Information Made Available through This Site or Third-Party Sites
9. Acceptable Use
10. Termination
11. Protecting Your Devices and Account
12. Warranties; Disclaimers
13. No Liability
14. System Outages, Slowdowns and Capacity Limitations
15. Marks and Content
16. Terms Specific to Marcus Personal Loans
17. Terms Specific to Marcus Savings
18. Terms Specific to Our Credit and Debt Tools
19. DMCA
20. California Statement of Disclosure
21. Additional Technology
22. Severability / No Waiver 23. Applicable Law
24. Filtering
25. Accessibility
26. Contact Us
1. Definitions
“Business Makeover”, “we,” “us” or “our” means Business Makeover LLC and its affiliates, agents and assigns worldwide.
“Products” means the Business Credit Development and Small Business Funding, loans, Personal Credit Development, Unsecured Credit Card Funding and financial education materials and any other products or services provided through the Site.
“Site” means the Business Makeover LLC website (www.businessmakeoverllc.com) and any associated websites, products, or services.
“Terms” means these Terms of Use as they may be updated from time-to-time.
“You” or “your” means any user of the Site.
When the word “including” or “includes” are used in these Terms they mean “including but not limited to” or “includes but is not limited to”.
2. General
By accessing and/or using the Site, you are agreeing to these Terms. These Terms apply to any use by you of the Site. For example, these Terms apply: (1) when you use the Site as a guest, (2) when you register as a user of the Site or (3) when you sign up for one or more Products. If you sign up for a Product, you may be required to acknowledge and agree to be bound by additional terms and policies for that Product.
You agree to provide accurate, current and complete information when you register as a user of the Site and when you sign up for a Product. You further agree to promptly update User Content when it changes.
3. Changes; Conflicts
We reserve the right, at any time without notice to you and in our sole discretion, to change or discontinue all or any portion of the Site, the Products, or the Terms. We may modify these Terms from time to time by notifying you of such modifications by any reasonable means, including by posting revised Terms through the Site.Continued use of the Site or the applicable Products following such modifications constitutes your acceptance of those modifications. Any such modifications will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such modifications. To the extent that there is a conflict between these Terms and the terms of any Product, the terms of the Product will govern.
4. Eligibility
You must be an individual of at least eighteen (18) years of age and reside in the United States or on a United States military base or in a United States Territory in order to use the Site. The Site is controlled or operated (or both) from the United States, and is not intended to subject us to any non-U.S. jurisdiction or law. The Site may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Site’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
5. Site Requirements
To use the Site and to view documents presented in connection with certain of our Products, you will need:
• A Current Version (defined below) of an Internet browser we support;
• A connection to the Internet;
• A Current Version of a program that accurately reads and displays PDF
files (which may be either a browser that supports native PDF rendering or
a program such as Adobe Acrobat Reader); and
• A computer or mobile device and an operating system capable of supporting all of the above.
By “Current Version”, we mean a version of the software that we support and that is currently being supported by its publisher. We support the Current Version and, for a period of time (at least three (3) months), the version immediately prior to the Current Version of Firefox, Google Chrome, Microsoft Internet Explorer and Safari.
6. License
Subject to these Terms, we grant to you a personal, non-exclusive, non- transferable, limited and revocable license to access the Site for your own personal use and not for any commercial or business purpose (“Your License”).
7. User Content
The Site may enable you to transmit, post, communicate or otherwise make available text, photos, videos, links, information, ideas, suggestions, content and other materials (“User Content”), including through the Site’s interactive features or functionality, such as chat features, message boards, forums and other communications tools. User Content may be accessible to and viewable by other users of the Site and the public. We do not claim ownership to User Content; however, by uploading or posting to the Site, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, transmit, print, publish, distribute, index, exhibit, perform, display (publicly or otherwise), create derivative works of, adapt, modify, translate, comment on, use, analyze and otherwise exploit User Content for any purpose, including the right to use your name and likeness as contained therein, in whole and in part, in any format, media or channels now known or hereafter developed (including in connection with the Site and on third-party sites and platforms such as Facebook, Twitter and YouTube), without further notice to you and without further requirement of permission from or payment to you or any other person or entity. You acknowledge and agree that we may use any ideas, concepts, know how or techniques contained in User Content for any purposes whatsoever, including in advertising or informational articles.
You are solely responsible for User Content. This means that you, and not us, are entirely responsible and liable for any claims, loss or damages relating to User Content. When you post User Content, you represent and warrant that you have permission to do so, including permission from any third parties whose names or likenesses are included.
In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Site, a Product or otherwise, such Feedback will be deemed to be User Content, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place us under any fiduciary or other obligation.
You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that User Content, and your provision thereof through and in connection with the Site, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.
In addition, some functionality of the Site will involve the transmission of information that personally identifies you (including information that we obtain directly from your browser) (collectively “Your Personal Information”). Please review the Site’s Privacy Policy and any privacy notice or disclosure relating to a Product that you apply for or obtain from us for more information about how we collect, use and share Your Personal Information. By using the Site, you are consenting to the Site’s Privacy Policy.
A Few Rules of the Road Regarding User Content. We do not endorse or control User Content, so we have to ask that you follow a few rules:
• User Content Must Comply with Our Acceptable Use Policy. Don’t post content or materials that are obscene or that promote illegal activity, or that defame, abuse, harass, threaten or otherwise violate the legal rights of others (including rights of privacy and publicity). Any content or materials containing things like hate speech, nudity and violence (as examples) is strictly prohibited.
• User Content Must Be Yours. This means that you have created the content or materials containing User Content and, where applicable, you must have permission from everyone whose name or likeness is contained in your content or materials to share such content or materials. User Content should not contain any visible logos, phrases or trademarks or other third party materials. Do not post any content or materials that belong to a third party (including any content that you might have found elsewhere on the Internet).
• User Content Must Be Accurate and Truthful. Do not impersonate any other user, person or company or upload or post any content or materials that you know is inaccurate, fraudulent, or deceptive. If you are not authorized to speak on behalf of Business Makeover L.L.C., please do not do so. Anything you say or post on the Site should reflect your true opinions or experiences.
• User Content Must Not Include Sensitive Information. Please avoid including your sensitive personal information (such as your social security number, credit card number, etc.) in any of User Content posted on the Site.
• User Content Must Not Be Commercial. Don’t post advertisements, offers, or other commercial content designed or intended to sell yours or a third party’s goods or services.
• No Obligation to Monitor User Content. We may and expressly reserve the right (but have no obligation) to monitor, scan, intercept, review, analyze, store, evaluate, alter or remove User Content (and any messages, information, content or other materials sent to you, or received by you, in connection with the Site or its features or functionalities), at any time, including while it is in transit, and before and after it is stored or made available through the Site, and to monitor, review, analyze or evaluate your access to or use of the Site (including any Site features or functionality), in each case by manual, automated or other means, and in each case for any purpose (including analytics, advertising (including sharing with ad brokers), marketing and any purposes as may be described in the Site’s Privacy Policy).
8. Information Made Available through This Site or Third-Party Sites
You are permitted to use the tools, content, information, links or materials made available to you on or through the Site (“Site Information”) only for your own personal use and not for any commercial or business purposes. You are not permitted to publish, transmit or otherwise reproduce any Site Information in any format without our express written consent. In addition, you are not permitted to change, hide or remove any copyright, trademark or any other notices contained on the Site. We reserve the right, in our sole discretion, to add, change or remove any Site Information at any time and from time-to-time. These Terms do not provide you with any rights to any Site Information other than those specifically described in these Terms. All rights not expressly granted in these Terms are reserved by us or the third-party providers of any Site Information.
The Site may contain links and other functionality that connect with websites and applications not provided by us, including social media sites (“Third-Party Sites”). We are providing these links and functionality solely as a convenience to you. We are not responsible for and have no liability for the content, features, products, services, privacy policies or terms of service of any Third-Party Sites. The fact that we have provided a link to a Third-Party Site is not an endorsement of that Third-Party Site (including any information or content made available throughout such site) or its owners, sponsors or operators. We have not tested any information, software or products found on any Third-Party Site and therefore do not make any representations about those sites or any associated products or services.
EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY (1) YOUR RELIANCE ON ANY SITE INFORMATION INCLUDING ANY OPINION, ADVICE, PRODUCT, SERVICE, CONTENT OR OTHER INFORMATION AVAILABLE THROUGH THE SITE OR ANY THIRD-PARTY SITE OR (2) YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD-PARTY SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE, PRODUCT, SERVICE, CONTENT OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE SITE OR OBTAINED FROM A THIRD-PARTY SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, CONTENT OR OTHER INFORMATION CONTAINED ON THIS SITE OR ANY THIRD-PARTY SITE.
9. Acceptable Use
You accept sole responsibility for all of your activities using the Site. You may not use the Site in a manner that:
• Uses technology or other means not authorized by us to access the Site Information or our systems;
• Uses or launches any manual or automated device or system, including “robots,” “spiders,” or “offline readers,” to (a) retrieve, index, “scrape,” “data mine,” access or otherwise gather any Site Information or our systems, (b) reproduces or circumvents the navigational structure or presentation of the Site or (c) otherwise harvests or collects information about users of the Site;
• Reverse engineers, decompiles or disassembles any portion of the Site, except where such restriction is expressly permitted by applicable law;
• Attempts to introduce viruses or any other computer code, files, or programs that interrupts, destroys, or limits the functionality of any computer software, hardware, or telecommunications equipment;
• Attempts to gain unauthorized access to our computer network or user accounts;
• Encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
• Harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of us or any other party (including rights of publicity or other proprietary rights);
• Is unlawful, fraudulent, or deceptive;
• Attempts to damage, disable, overburden, or impair our servers or networks;
• Reproduces, modifies, adapts, translates, creates derivative works of, sells, rents, leases, loans, timeshare, distributes or otherwise exploits any portion of (or any use of) the Site except as expressly authorized herein, without our express prior written consent;
• Fails to comply with applicable third-party terms; or
• Otherwise violates these Terms.
10. Termination
Subject to applicable law and the terms of any Product, we reserve the right, in our reasonable discretion, to terminate Your License, your use of the Site, your user account or any Product provided to you and to assert our legal rights with respect to content or use of the Site that we reasonably believe is, or might be, in violation of these Terms or the terms of any Product.
11. Protecting Your Devices and User Account
You are solely responsible for (a) maintaining the security of your devices used for accessing the Site, and (b) for the confidentiality of your user account information, including your access credentials. You are solely responsible for any and all activity that occurs under your user account as a result of your sharing this information or failing to keep this information secure and confidential, except as otherwise provided by law. You agree to notify us immediately of any unauthorized use of your user account, or any other breach of security, by calling us toll-free at (1-800-880-7954)
12. Warranties; Disclaimers
WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, CONCERNING THE SITE. THE SITE AND PRODUCTS PROVIDED BY US AND OUR THIRD- PARTY PROVIDERS ARE PROVIDED ON AN “AS IS” BASIS. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, INCLUDING ANY WARRANTY WITH RESPECT TO THE CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS OR CONTINUED AVAILABILITY OF THE SITE OR ANY SITE INFORMATION. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS) ARE MADE FOR THE BENEFIT OF BOTH GOLDMAN SACHS BANK USA AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
THE SITE INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTIONS OF SERVICES PUBLISHED OR MADE AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE SPECIFICALLY DISCLAIM ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. WE DO NOT WARRANT OR REPRESENT THAT THE SITE INFORMATION IS COMPLETE, CORRECT, SECURE OR UP-TO-DATE. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY AND WE DO NOT HAVE ANY OBLIGATION TO UPDATE THAT INFORMATION. NEITHER WE NOR ANY OF OUR THIRD-PARTY PROVIDERS HAVE ANY RESPONSIBILITY TO MAINTAIN THE DATA, SITE INFORMATION OR PRODUCTS MADE AVAILABLE THROUGH THE SITE OR TO SUPPLY ANY CORRECTIONS, UPDATES OR RELEASES IN CONNECTION WITH THAT DATA, SITE INFORMATION OR PRODUCTS. THE SITE INFORMATION AND AVAILABILITY OF THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. WE DO NOT REPRESENT OR GUARANTEE THAT THE SITE WILL BE AVAILABLE OR FREE FROM LOSS, ATTACK, HACKING OR OTHER SECURITY INTRUSION, AND WE EXPRESSLY DISCLAIM LIABILITY FOR ANY SECURITY-RELATED LOSSES OR DAMAGES.
13. No Liability
YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL WE BE HELD LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH YOUR USE OF THE SITE, SITE INFORMATION, ANY PRODUCT (INCLUDING ANY APPLICATION FOR SUCH PRODUCT) OR ANY THIRD- PARTY SITE, OR (B) ANY SITE FAILURE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; OR LINE OR SYSTEM FAILURE, EVEN IF WE OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
14. System Outages, Slowdowns and Capacity Limitations
Any computer system, service or electronic device, whether it is yours, an internet service provider’s, a mobile network operator’s or ours, can experience unanticipated outages, slowdowns and/or capacity limitations. As a result of high internet traffic volume, transmission problems, systems capacity limitations and other problems, you may, at times, experience difficulty accessing the Site or communicating with us through the internet or other electronic and wireless services. The Site may be unavailable during system maintenance, for security precautions or when interrupted by circumstances beyond our control.
15. Marks and Content
The names “Business Makeover” and “Business Makeover LLC”, “The Business Makeover logo, the “BM:” logo and other Business Makeover trademarks, service marks, graphics and logos used in connection with the Site are our trademarks or registered trademarks (collectively “Business Makeover”). Other trademarks, service marks, graphics and logos used in connection with the Site are the trademarks of their respective owners (collectively “Third-Party Marks”). The Business Makeover Marks and Third-Party Marks may not be copied, imitated or used, in whole or in part, without our prior written permission or the prior written permission of the applicable trademark owner. The Site and its content are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights.
22. Severability / No Waiver
If any provision of these Terms is deemed unlawful, void or unenforceable for any reason, then such provision shall be deemed to be removed from these Terms and shall not affect the validity and enforceability of any remaining provisions. Our failure to enforce the strict performance of any provision of these Terms or additional terms for the Products will not waive our right to later enforce those provisions.
23. Applicable Law
A. Except as provided in subsection (B) below, these Terms shall be governed by and construed in accordance with federal law and any applicable laws of the State of Utah without regard to rules concerning conflicts of law or choice of law.
B. If you are a Nevada resident, these Terms shall be governed by and construed in accordance with federal law and the laws of the State of Nevada, without regard to rules concerning conflicts of law or choice of law.
24. Filtering
We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from Comparison of content-control software and providers. Please note that we do not endorse any of the products or services listed on such site.
25. Accessibility
C. Third-Party Sites: The Site contains links to Third-Party Sites. We do not make any representations with regard to the accessibility of Third-Party Sites and are not able to remediate accessibility barriers on such sites.
26. Contact Us
Many questions regarding our Products and the Site can be answered through our FAQs found here. Any other questions, complaints or claims regarding the Site or the Products should be directed to our Customer Department Center by calling us toll-free at 1-(800) 730-8381.
© 2021 Business Makeover LLC USA unless otherwise noted. All rights reserved.