YARDLINE® WEBSITE TERMS OF USE

YARDLINE® WEBSITE TERMS OF USE

Last Updated: March 1, 2023

These Yardline®  Website Terms of Use (“Terms”) are inclusive of the Yardline® Privacy Policy (“Privacy Policy”), the Yardline® Services Agreements (defined below) applicable to Growth Capital Requests and the Strategic Partner Program (as those terms are defined below), and any and all other applicable Yardline® operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the “Agreement”).
The Yardline® Offerings (as defined below) are Yardline Capital Corp., a wholly owned subsidiary of Swiftline Corp. (“Yardline®,” “we,” “our” or “us”).  You agree to the terms and conditions contained in the Agreement, in their entirety, when you (“User”): (a) access and/or use the Yardline® website located at www.yardline.com (the “Site”); (b) access certain text, images, video, audio, testimonials, blog posts, and other content and information relating to capital funding services, financial data and analysis, as well as information relating to the Yardline® Offerings, generally, as made available by: (i) Yardline® (collectively, “Yardline® Content”); (ii) other Users (“User Content”); and (iii) other third-parties including, but not limited to, content that is submitted by, or aggregated from, third-party sources, such as expert commentary, news articles, videos and podcasts (“Third-Party Content,” and together with the Yardline® Content and User Content, the “Content”); (c) access links to third-party websites and resources (“Third-Party Links”); (d) register to establish a Yardline® account (“Account”) that, depending on which product and/or service you are registering for, enables you to: (i) obtain access to the Yardline® business evaluation tool (“Evaluation Generator”) which provides an estimated monetary value of your business entity ("Estimates”); (ii) obtain access to the Yardline® growth capital tool (“Growth Tool”) which provides an estimate of the impact that an infusion of a designated amount of capital will have on your Business Entity (as defined below) were your Business Entity to receive it ("Growth Estimates”); (iii) submit materials in connection with a solicitation for financing from Yardline® ("Growth Capital Requests”), with additional terms applicable to any such funding granted in connection with same (“Yardline® Funding”) to be set forth in a subsequent investor agreement to be negotiated between Yardline® and you ("Funding Agreement”); (iv) submit materials in connection with a request (“Third-Party Funding Services”) for financing (“Third-Party Funding”) from Yardline’s® third-party lending service providers, which may include third-party banks, credit unions and/or other entities (collectively, “Third-Party Lenders”); (v) access to the Background Check service; (vi) the Dashboard, as defined below; and (vii) submit a request to become a strategic partner of Yardline® (“Strategic Partner”), with additional terms applicable to such Strategic Partner relationship (“Strategic Partner Program”) to be set forth in a subsequent strategic partnership agreement to be negotiated between Yardline® and you ("Strategic Partner Agreement,” and together with the Funding Agreement, the “Service Agreements”); (e) access links to the Yardline® and/or User social media pages/accounts appearing on third-party social media websites (collectively, “Social Media Pages”), such as Instagram® and LinkedIn® (collectively, “Social Media Websites”); (f) utilize the various contact forms and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, Yardline ® (collectively, the “Contact Services,” and together with the Site, Content, Third-Party Links, Evaluation Generator, Estimates, Growth Tool, Growth Estimates, Growth Capital Requests, Background Check, v Dashboard, Strategic Partner Program and Social Media Pages, the “Yardline® Offerings”); and/or (g) otherwise affirmatively consent to these Terms and/or the Agreement.  

These Terms are effective as of the date set forth above.  Please print the Agreement for your records.  A printed version of the Agreement will be valid, enforceable, and admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as a paper agreement that you sign manually.  Violations of the Agreement may result in suspension or termination of your Account.

PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY.  IF A USER DOES NOT AGREE WITH THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, THAT USER IS NOT AUTHORIZED TO USE THE YARDLINE® OFFERINGS IN ANY MANNER OR FORM. 

THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST YARDLINE®, AS WELL AS ITS PARENT, SUBSIDIARIES, RELATED PARTIES, THIRD-PARTY SERVICE PROVIDERS, STRATEGIC PARTNERS AND MARKETING PARTNERS (COLLECTIVELY, “COVERED PARTIES”), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.
NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).

Instagram® is a registered trademark of Facebook, Inc. (“Facebook”).  LinkedIn® is a registered trademark of LinkedIn Corporation (“LinkedIn”).  Please be advised that Yardline® is not in any way affiliated with Facebook or LinkedIn, nor are the Yardline® Offerings endorsed, administered or sponsored by either Facebook or LinkedIn.

Disclaimers

Please be advised that Content made available in connection with the Yardline® Offerings, including any Content, Estimates and/or Growth Estimates associated with your use of the Growth Tool and/or Evaluation Generator (collectively, “Valuations and Projections”), represent our estimates and opinions, which are based upon a combination of information made available by you, algorithmic programs, inferences and deductions.  Due to the fact that market conditions change over time, Valuations and Projections made available by and through the Yardline® Offerings may differ from time-to-time, and varying Valuations and Projections may also be included in the Yardline® Offerings simultaneously.  

The Valuations and Projections are presented on an “as is,” “as available” basis, without warranty of any kind, whether express or implied. Yardline® makes no representation, express or implied, as to the accuracy, timeliness or completeness of the Valuations and Projections, the results that may be obtained from use of the Growth Tool and/or Evaluation Generator.  All Valuations and Projections are subject to change without notice, and Yardline® does not undertake to update or supplement any Valuation and/or Projection. 

You acknowledge and agree that use of the Valuations and Projections is at your own risk. In no event will Yardline® or any affiliated party be liable for any direct or indirect losses caused by any Valuations and Projections featured by and/or through the Yardline® Offerings.  You agree to do your own research and due diligence before making any decision with respect any Valuations and Projections.  You represent to Yardline® that you have sufficient financial sophistication to critically assess the Valuations and Projections. 

The Valuations and Projections made available by and through the Yardline® Offerings are not a substitute for professional financial advice.  You should always check with your professional financial, legal and tax advisors to be sure that any Valuations and Projections, advice, products and/or services featured by and/or through the Yardline® Offerings, as well as any associated risks, are appropriate for you.  

Yardline® does not itself offer Third-Party Funding, and other products and/or services, featured by and through the Third-Party Funding Services, and the ultimate terms and conditions of any of Third-Party Funding and other products and/or services made available via the Third-Party Funding Services will be determined by the applicable Third-Party Lender(s).

Scope; Modification

You agree to the terms and conditions outlined in the Agreement with respect to your use of the Yardline® Offerings.  The Agreement constitutes the entire and only agreement between you and Yardline® with respect to your use of the Yardline® Offerings and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Yardline® Offerings. Yardline® may change the Agreement, and the scope and functionality of the Yardline® Offerings, in whole or in part, at any time without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification.  The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Yardline® Offerings.  By your continued use of the Yardline® Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute).  Therefore, you should regularly check the Site for any updates and/or changes. You understand and agree that Yardline® is not responsible or liable in any manner whatsoever for your inability to use the Yardline® Offerings.

Content 

The Site may provide general information about the Yardline® Offerings.  We may discontinue or make changes to the Yardline® Offerings, Content and information, products, licenses, or services described on the Site at any time.  Any Content published by and through the Yardline® Offerings should be deemed published as of its publication date only.  We do not undertake any obligation or responsibility to update or amend any such Content.  Although we try to provide accurate and timely Content on the Site, there may be inadvertent, technical, or factual inaccuracies and typographical errors.  For these reasons we cannot warrant the accuracy, completeness, or timeliness of the Content, Valuations, Projections, information, text, graphics, links and/or other items made available by and/or through the Yardline® Offerings.  The Content should not necessarily be relied upon.  Users understand and agree that Yardline® will not be responsible for, and Yardline® undertakes no responsibility to monitor or otherwise police, Third-Party Content.  Users agree that Yardline® shall have no obligation and incur no liability to such Users in connection with any Content.  Users may find certain Content to be outdated, harmful, inaccurate and/or deceptive.  Please use caution, common sense and safety when using the Content. 

Links to Other Websites

The Site may contain links to third-party websites, such as the Social Media Websites, which we do not own or control, but which are provided for your convenience.  If you visit a link to another website, you do so at your own risk subject to the terms and conditions established by the operator of that website.  The fact that we provide a link to a website does not necessarily mean we endorse, authorize, or sponsor that third-party website, or that we are affiliated with the third-party website’s owners or sponsors.  You acknowledge and agree that Yardline® shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of, or reliance on, any such material available on, by or through any such site. We reserve the right to terminate a link to a third-party website at any time.

Accessing the Yardline® Offerings; Necessary Equipment; Restrictions

The Yardline® Offerings are available only to individuals who: (a) are at least eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions); (b) can enter into legally binding contracts under applicable law; and/or (c) are acting in their capacity as a duly authorized representative of a valid business entity or sole proprietorship (collectively, “Business Entity”).  If you do not meet the criteria set forth in (a) through (c) in the preceding sentence (collectively, “Eligibility Requirements”), you do not have permission to use and/or access the Yardline® Offerings. Without limiting the foregoing, the Yardline® Offerings are not intended for use by persons in any jurisdiction or country where such use would be contrary to applicable laws or regulations.  We may restrict your access to the Yardline® Offerings when you are physically located in a country in which use of the Yardline® Offerings would be prohibited.  You are responsible for compliance with all applicable laws, rules and regulations in connection with your access to, and use of, the Yardline® Offerings.   If you do not satisfy all of the Eligibility Requirements, you may not access the Yardline® Offerings.

To access and use the Yardline® Offerings, you will need a working connection to the Internet via a web browser on a mobile device and/or computer for which you are responsible for obtaining and maintaining, including all associated costs, expenses, and fees.  Yardline® does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer.  Yardline® does not guarantee that the Yardline® Offerings can be accessed: (i) on all Mobile Devices; (ii) through all wireless service plans; (iii) in connection with all Internet browsers; and/or (iv) in all geographical areas.  Standard messaging, data and wireless access fees may apply to your use of the Yardline® Offerings.  You are fully responsible for all such charges and Yardline® has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.

From time to time, due to the performance of maintenance, malfunctions or failures of software, equipment, or telecommunications devices, unusual transaction volume, or similar reasons, the Yardline® Offerings may not be available for your use.  We are not responsible for any reliance on the continued availability of the Yardline® Offerings.

Your use of the Yardline® Offerings is limited to the intended functions of the Yardline® Offerings.  Unauthorized use of the Yardline® Offerings and/or our systems including, but not limited to, misuse of any information posted on or through the Yardline® Offerings and/or unauthorized entry into any of our systems is strictly prohibited.  You are prohibited from using the Yardline® Offerings in any manner that: 

•    Constitutes a use other than your own personal use; 
•    Accesses data that is not intended for you; 
•    Attempts to harvest, collect, gather, or assemble information or data; 
•    Invades the privacy of, obtains the identity of, or obtains any personal information about any other user of the Yardline® Offerings; 
•    Probes, scans, or tests the vulnerability of the Yardline® Offerings, our network, our security, or authentication measures without proper authorization; 
•    Attempts to interfere with service to any user, host, or network or otherwise attempts to disrupt our business including, without limitation, via means of submitting a virus through the Yardline® Offerings, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; 
•    Copies, modifies, redistributes, reverse engineers, decompiles or disassembles any aspect of the Site or any content delivered to you via the Yardline® Offerings including, without limitation, any audio or video content delivered via the Yardline® Offerings;
•    Sends unsolicited mail, including promotions and/or advertising of products and/or services;
•    Is unlawful, fraudulent, or deceptive; 
•    Communicates any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material; 
•    Encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
•    Violates the Agreement or any other policies or agreements that you enter into with us;
•    Fails to comply with applicable third-party terms; or
•    Constitutes any other inappropriate conduct, as determined by us in our sole discretion.

In addition, you may not either directly or through the use of any device, software, Internet site, web-based service, or other means:

•    Remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content of the Site or any digital rights management mechanism, device, or other Content protection or access control measure associated with the Content made available by and/or through the Yardline® Offerings, including geo-filtering mechanisms;
•    Copy, download, stream, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit, or retransmit the Content the Yardline® Offerings (except as expressly permitted by the Agreement);
•    Incorporate the Content made available by and/or through the Yardline® Offerings into, or stream or retransmit the content via, any hardware or software application, or make it available via frames or in-line links; or
•    Create, recreate, distribute, or advertise an index or any significant portion of the Content made available by and/or through the Yardline® Offerings.

You may not build a business utilizing the Content made available by and/or through the Yardline® Offerings, whether or not for profit.  In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on any of the Content made available by and/or through the Yardline® Offerings including, without limitation, montages, mash-ups and similar videos, and merchandise, unless it is expressly permitted by us in writing in each instance.  This prohibition applies even if you intend to give away the derivative materials free of charge.

If you violate any provision of the Agreement, we reserve the right to terminate your Account and/or access to the Yardline® Offerings.  Additionally, we, in our sole discretion, may suspend or terminate your Account at any time, with or without notice.  We may at any time, with or without cause, and without prior notice to you, deny you access to the Yardline® Offerings.  We may terminate the Agreement and/or the Yardline® Offerings, in whole or in part, at any time without prior notice to you.  In the event that we terminate these Terms, any existing transactions you have entered into with us shall remain in effect, unless we provide notice otherwise.

Account Registration; User Eligibility
In order to obtain access to certain of the Yardline® Offerings, you must first submit the applicable registration and application form to Yardline® for review and initial approval.  The registration data that you must supply in order to obtain access to the Yardline® Offerings may include, without limitation, depending on the applicable Yardline® Offerings requested: (a) your full name; (b) your e-mail address; (c) your username and password; (d) your mailing address/your Business Entity’s mailing address; (e) your mobile telephone number; (f) your date of birth; (g) capital requested (where registering to use the Evaluation Generator); (h) your Social Security Number and the EIN of your Business Entity (where registering to use the Evaluation Generator); (i) the name of your Business Entity (where registering to use the Evaluation Generator); (j) the brand name associated with your Business Entity (where registering to use the Evaluation Generator); (k) your Business Entity’s state of incorporation (where registering to use the Evaluation Generator); (l) the average gross margin of your Business Entity (where registering to use the Evaluation Generator); (m) bank statements for your Business Entity (where registering to use the Evaluation Generator); (n) the average monthly gross revenue of your Business Entity (where registering to use the Growth Tool); (o) the year-over-year revenue growth of your Business Entity (where registering to use the Growth Tool); (p) the top seller platform utilized by your Business Entity, and the associated average monthly fees (where registering to use the Growth Tool); (q) the top product type sold by your Business Entity, and the associated average monthly cost of goods sold (where registering to use the Growth Tool); (r) the average monthly advertising costs of your Business Entity (where registering to use the Growth Tool); (s) other expenses of your Business Entity (where registering to use the Growth Tool); and (t) any other information requested by us on the applicable registration form (collectively, “Registration Data”).  

You acknowledge and agree to create an Account and register on the Site for business purposes only.  By using the Yardline® Offerings or registering on the Site on behalf of a Business Entity, you represent and warrant that: (i) you have the power and authority to bind such Business Entity as a duly authorized representative of the Business Entity; (ii) you are using the Yardline® Offerings only on behalf of such Business Entity; (iii) all Registration Data and information that you submit is information that you are authorized to submit and is truthful, complete, up to date and accurate; (iv) you will maintain the accuracy, truthfulness and completeness of such information; (v) you authorize (and have the authority to authorize) any credit checks that may be performed by Yardline®; (vi) you satisfy the Eligibility Requirements; (vii) you reside in a country where Yardline® is authorized to conduct business; and (viii) your use of the Yardline® Offerings does not violate any applicable laws or regulations.  You agree not to use any other User’s Account without obtaining express permission and authorization to do so.

User Submissions

The Registration Data and any other content that you submit or make available by and/or through the Yardline® Offerings  shall be subject to, and treated in accordance with, the Privacy Policy.  Without limiting the foregoing, you grant us a non-exclusive, perpetual, irrevocable, non-terminable, unrestricted, worldwide, royalty-free license to use, copy, reproduce, distribute, perform, transmit, modify, create derivative works from, and sublicense such, Registration Data and other content, and/or any part of same, by any means and in all media formats and channels now known or hereafter devised in perpetuity, without any notice or permission from you or any other person, and without compensation or attribution to you or any other person, for the purpose of providing and promoting the Yardline® Offerings.

Please retain copies of all Registration Data and other content that you submit, as we are under no obligation to store or return any such Registration Data and/or content to you.  You acknowledge that you are responsible for any and all Registration Data and/or content that you may submit by and/or through the Yardline® Offerings, including the legality, reliability, appropriateness, originality, and intellectual property rights associated with, any such content.

Evaluation Generator; Estimates

Upon creating an Account, you can attempt to utilize the Evaluation Generator in order to generate a current Estimate of the monetary value of your Business Entity.  In order to utilize the Evaluation Generator, you must input the requested Registration Data.  Upon submitting all requested Registration Data, an Estimate will be generated.  Please be further advised that the Evaluation Generator provides estimated valuations only.  All Estimates are hypothetical and for illustrative purposes only.  Yardline® does not represent that the Estimates are accurate, correct or comprehensive.  Further, where you input any inaccurate Registration Data, the Estimates will contain corresponding inaccuracies.  The Evaluation Generator uses standard methodologies to generate Estimates, but there are other methods to appraise the value of Business Entities that are not utilized by the Evaluation Generator.  Yardline® recommends that you compare the Estimates generated by the Evaluation Generator prior to making any business decisions.  The Estimates are not a substitute for professional financial advice.  You should always check with your professional financial, legal and tax advisors to be sure that any Estimates are accurate and appropriate for your Business Entity. 

Growth Tool; Growth Estimates

Upon creating an Account, you can attempt to utilize the Growth Tool in order to generate a current Growth Estimate of the impact that an infusion of a designated amount of capital will have on your Business Entity.  In order to utilize the Growth Tool, you must input the requested Registration Data.  Upon submitting all requested Registration Data, a Growth Estimate will be generated.  Please be further advised that the Growth Tool provides estimated valuations only.  All Growth Estimates are hypothetical and for illustrative purposes only.  Yardline® does not represent that the Growth Estimates are accurate, correct or comprehensive.  Further, where you input any inaccurate Registration Data, the Growth Estimates will contain corresponding inaccuracies.  The Growth Tool uses standard methodologies to generate Growth Estimates, but there are other methods to appraise the value of Business Entities that are not utilized by the Growth Tool.  Yardline® recommends that you compare the Growth Estimates generated by the Growth Tool prior to making any business decisions.  The Growth Estimates are not a substitute for professional financial advice.  You should always check with your professional financial, legal and tax advisors to be sure that any Growth Estimates are accurate and appropriate for your Business Entity.  


Background Check and Credit Reporting

After creating an Account, we may implement a dynamic feature that provides you, where you separately agree, with the ability to monitor and check your status on an ongoing basis.  If this feature is implemented by us, you may decide to allow us, separately, to pre-qualify your Account by providing us with additional information and linking your Account on any other platform (including any marketplace, e-commerce, or online sales platform or marketing channel to which you separately agree to provide us with access). To the fullest extent permitted by applicable law, you hereby agree that we may perform an initial background check (and subsequent periodic follow-up checks) on you and any of your principals, managing members, managers, members, stockholders, directors or officers or respective affiliates, to help us determine your suitability or approval for our services (each, a “Background Check”).  Each Background Check may, without limitation, include a review of the following information, which you hereby expressly authorize and consent to: (a) your Registration Data; (b) your Business Entity's credit history; (iii) whether your Business Entity, or any of your Business Entity’s directors and officers, have any state or federal convictions and criminal records; (iv) information that is publicly available about your Business Entity and/or any of its directors and officers; (v) information that we obtain from third party service providers, including information derived or prepared by third-party data aggregation and analysis companies; and (vi) whether your Business Entity, or any of your Business Entity's principals, managers, managing members, directors, members, officers, stockholders, or controlling persons, have ever been declared bankrupt. You acknowledge that any failure to provide the foregoing information and said cooperation may preclude you from being approved to participate in, or continue to receive the benefit of, some or all of the Yardline® Offerings.

Growth Capital Requests, Third-Party Funding Services, Credit Reports and Access to Account Data

Users interested in obtaining Yardline® Funding and/or Third-Party Funding can submit information in connection with Growth Capital Requests and/or the Third-Party Funding Services, respectively, by and through use of the applicable Account interface and/or Dashboard.  

Yardline® Funding:  Please be advised that the terms and conditions applicable to any Yardline® Funding shall be set forth in a separate Funding Agreement to be subsequently negotiated and executed by you and Yardline®. Please be advised that Yardline® does not represent that all applicants that submit Growth Capital Requests will necessarily obtain Yardline® Funding.  Yardline® reserves the right to reject any submitted Growth Capital Requests in its sole and absolute discretion.  Yardline® shall not be liable to you or any third party in connection with your failure to obtain any Yardline® Funding.

Third-Party Funding:  Please be advised that Yardline® does not itself offer Third-Party Funding, and other products and/or services, featured by and through the Third-Party Funding Services, and the ultimate terms and conditions of any of Third-Party Funding and other products and/or services made available via the Third-Party Funding Services will be determined by the applicable Third-Party Lender(s). Please be advised that Yardline® does not represent that all applicants that submit Third-Party Funding requests will necessarily obtain Third-Party Funding.  Yardline® reserves the right to reject any submitted Third-Party Funding requests in its sole and absolute discretion.  Yardline® shall not be liable to you or any third party in connection with your failure to obtain any Third-Party Funding.

When you register an Account with the Site, you authorize us to create and maintain an Account in your name using your Registration Data and other information that may be collected about you in accordance with our Privacy Policy.

After creating an Account with Yardline®:

(A)  If you decide to submit a Growth Capital Request; 
(B)  If you decide to allow us to do a complete pre-approval on an ongoing basis for Growth Capital Requests; or
(C)  If you submit a Third-Party Funding request by and through the Third-Party Funding Services; then
(D)  You specifically consent to let us request and receive your Business Entity's consumer report data and other data about your Business Entity from third parties to include in your Account profile, and specifically also agree as follows: 

You understand that you are authorizing us to access data from your registered Yardline® Account (as well as any other marketplace, e-commerce, online sales platform or marketing channel to which you provide us with access), on an ongoing basis for so long as you have a registered Account as described in these Terms and the Yardline® Privacy Policy.  You acknowledge and agree that Yardline® may download data automatically and frequently on an hourly, daily, weekly, monthly and periodic basis.  Subject to the Privacy Policy, You understand and agree that Yardline® may use such data for its own internal purposes, to use with Yardline’s® affiliates and Third-Party Lenders, for other commercial purposes, and to evaluate with other data or analytics to track and update data through Dashboards available to you and your authorized users that access your Account.  You understand that this consent allows Yardline®, the Third-Party Lenders and Yardline's ®affiliated companies to obtain such information at any time for as long as you have a registered Account as described in these Terms and the Yardline® Privacy Policy. 

In any circumstance where you have affirmatively opted-in and consented to submit a Growth Capital Request or have further opted-in and consented to receiving Yardline® Funding offers, Third-Party Funding offers and/or other Yardline® Offerings, you understand that you are providing written instructions in accordance with the Fair Credit Reporting Act and other applicable law for Yardline®, the Third-Party Lenders and/or Yardline's affiliated companies to request and receive copies of consumer reports, scores and other information about you and your Business Entity from third parties including, but not limited to, the credit reporting agencies: Experian®, TransUnion® and Equifax®. You understand that your instructions let Yardline®, the Third-Party Lenders and Yardline's affiliated companies obtain such information at any time for as long as you have a registered Account as described in these Terms of Use and the Yardline® Privacy Policy.  You understand that: (a) in submitting a Growth Capital Request, Third-Party Funding request or any other Yardline® Offerings request; and/or (b) if you have been approved for, and are receiving, Yardline® Funding and/or Third-Party Funding in connection with any Growth Capital Request and/or Third-Party Funding request, as applicable, or are receiving any other Yardline® Offerings, your behavior and timing with respect to meeting your financial obligations to Yardline® on a timely basis may also be reported to credit rating agencies, which may have a positive or negative impact on your credit ratings that could be material in affecting future applications for credit and existing credit facilities in place for your Business Entity. 

As described in our Privacy Policy, we may use your Account profile and Registration Data (as well as your profile and data from any other marketplace, e-commerce, online sales platform or marketing channel that you provide us access to), credit report, credit score, and other information that we obtain (on an ongoing basis for so long as your Account is active), including information about any guarantors, if any, to analyze, sort, and present certain information or features to you, including making any offer to provide any Yardline® Offerings, financing, cash advance or purchase of your accounts receivables, if any.  Any analysis and estimates that we provide as part of our Yardline® Offerings are for illustrative and informational purposes only. Our analysis and estimates are neither endorsed by, nor commissioned by, any of our partners. The methodology we use to determine which Yardline® Offerings, offers, analysis, or other information is presented or highlighted is proprietary and we may elect to consider, ignore, emphasize, or de-emphasize certain factors in our sole and absolute discretion. 

Equifax® is a registered trademark of Equifax, Inc. (“Equifax”).  Experian® is a registered trademark of Experian Information Solutions, Inc. (“Experian”).  TransUnion® is a registered trademark of TransUnion LLC (“TransUnion”).  Please be advised that Yardline® is not in any way affiliated with Equifax, Experian or TransUnion, nor are the Yardline® Offerings endorsed, administered or sponsored by any of the foregoing entities.

Non-Endorsement; Passive Conduit.

(a) Yardline® does not sponsor, recommend or endorse any Third-Party Lender that is accessible by or through the Third-Party Funding Services.  The Third-Party Lenders that are accessible by and through the Third-Party Funding Services pay a fee for access to the Users that utilize the Third-Party Funding Services. Yardline® does not guarantee that Users will successfully find Third-Party Funding -related products and/or services through use of the Third-Party Funding Services.

(b) Please use caution and common sense when using the Third-Party Funding Services. Yardline® in no way endorses the content or legality of any responses, statements or promises made by any Third-Party Lenders and/or any other parties featured on the Site or otherwise through the Yardline® Offerings.

(c) The determination of the need for loan-related products and/or services and the choice of the associated Third-Party Lender(s) are extremely important decisions and should not be based solely on advertisements or claims of expertise offered by any Third-Party Lenders.  Yardline® does not review the standing of any Third-Party Lenders with any regulatory authority and/or any governmental agency.  Therefore, Yardline® makes no representation regarding the status, standing or ability of any Third-Party Lenders.  When considering utilizing the services offered by a Third-Party Lender, Users should check that Third-Party Lender’s qualifications, accreditation, standing, past practices and reputation.

(d) Yardline® does not involve itself in the agreements between Users and Third-Party Lenders, or any relationships created thereby. Therefore, Yardline® does not make any representations regarding the competency, trustworthiness, honesty, integrity and/or behavior of its Users and/or Third-Party Lenders, as applicable.  Each User, and not Yardline®, is solely responsible for assessing the competency, trustworthiness, honesty and integrity of all Third-Party Lenders that the User communicates with via the Contact Services and/or other Site Offerings.

Interactions. Users are solely responsible for their interactions with Third-Party Lenders and other third-parties. Because Yardline® is not involved in User interactions, in the event that a User has a dispute with one or more Third-Party Lenders and/or other third-parties, that User hereby releases Yardline® from any and all claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes.

Strategic Partner Program

Users interested in participating in Yardline’s® Strategic Partner Program can submit an application in connection with same by and through the Site.  In connection with the Strategic Partner Program, Yardline® and its Strategic Partners can refer potential business contacts to each other in an effort to maximize their respective client bases. Please be advised that the terms and conditions applicable to any Strategic Partner Program shall be set forth in a separate Strategic Partner Agreement to be subsequently negotiated and executed by you and Yardline®. Please be further advised that Yardline® does not represent that all applicants that submit Strategic Partner Program applications will gain access to the Strategic Partner Program.  Yardline® reserves the right to reject any Strategic Partner Program applications submitted in its sole and absolute discretion.  Yardline® shall not be liable to you or any third party in connection with your failure to obtain any access to the Strategic Partner Program.
Our Right to Data Collection

Yardline® Dashboard and Account Data Dashboard. By creating and registering an Account with us, you are also agreeing to allow us to incorporate your Registration Data and Account data into a dashboard application which is intended to provide you with a user-interface for quickly summarizing and viewing your Account data (the “Dashboard”).

•    We do not represent or warrant that the Dashboard or any associated data, analytics or other Content set forth in the Dashboard, will be up-to-date, timely or error-free. 

•    The data, Content and analytics displayed in the Dashboard may change at any time and should not necessarily be relied upon. 

•    We reserve the right, at any time, without notice to remove Content or data from the Dashboard, remove, suspend or limit user or Account-holder access to, or terminate the Dashboard, to make any changes as to the types of data, types of analytics, sources of data or other information, user interface or method and timing of distribution, that may be presented via the Dashboard, from time to time.  

•    You acknowledge and agree as to the inherent unreliability of any data provided by us by and/or through the Dashboard and agree that you will not rely on the Dashboard for making any material or immaterial decisions, actions or omissions.  

•    Subject to the limitations imposed by applicable law, if any, you acknowledge and agree that we will have no liability for any breaches of any cyber-security, hacking, virus or other security issues with respect to any Registration Data, personally identifiable information, or other data or analytics that is/are distributed to any third parties, including your creditors or third parties, in connection with your agreement to allow us to provide you with the Dashboard that may aggregate any data provided by you or collected by us from your third party accounts.

By Registering Your Account, You are Providing Ongoing Access to Your Registration Data and other Account Data. By registering an Account, you are agreeing to connect your Account to our Yardline® Offerings interface and to provide us with access to your Registration Data, as well as your Account data and data from third party accounts for so long as your Account remains active.  You agree that we (and our parent companies, affiliates, service providers and other third parties acting on our behalf) may frequently, regularly and continuously pull data from your Account and use (subject to our Privacy Policy) such data for so long as your Account is active. 

By Connecting Your Bank Account You are Providing Ongoing Access to Your Data. 
When you connect your banking accounts to the Yardline® Offerings interface, you may provide, through our integrated services, login information required by your financial institution(s) to access your financial institution account(s), such as your username(s)  and password(s), answers to challenge questions, or a security token(s). By providing this information to Yardline®, you give Yardline® and Plaid Inc., as our service provider, the authority to act on your behalf solely in connection with accessing and transmitting your information from the relevant financial institution(s). You agree to your personal and financial information being transferred, stored, and processed by Plaid Inc. in accordance with the Plaid Privacy Policy.
  
Disabling Our Access to Your Account Data. If you want to stop sending us data from your Account after you have chosen to link your Account to the Yardline® Offerings interface, please request the disconnect(ion) via your Customer Dashboard. Please note: if you choose to disable our access to your Account data or any portion of your Account, you may be in default or breach of any Services Agreements with us to the extent you are receiving funding in connection with a Growth Capital Request or other Yardline® Offerings interface, and we may terminate our provision of such Yardline® Offerings interface, up to and including ceasing to provide capital or Yardline® seeking its return. Please review any Services Agreements that you have entered into with us carefully with your legal and business advisors prior to disabling our access to any such data or any portion of your Account.  

Disclaimer of Warranties 

THE YARDLINE® OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR BY AND THROUGH SAME ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, YARDLINE® MAKES NO WARRANTY THAT: (A) THE YARDLINE® OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR BY AND THROUGH SAME WILL MEET YOUR REQUIREMENTS; (B) THE YARDLINE® OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR BY AND THROUGH SAME WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL OBTAIN ANY SPECIFIC FUNDING AMOUNT IN CONNECTION WITH YOUR USE OF THE YARDLINE® OFFERINGS; (D) YOU WILL REALIZE ANY SPECIFIC FINANCING GOAL, FINANCIAL BENEFIT, FUNDING OUTCOME AND/OR OTHER FINANCIAL OUTCOME; (E) THE ESTIMATES AND/OR GROWTH ESTAIMTES WILL BE ACCURATE OR ERROR FREE; OR (F) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE YARDLINE® OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR BY AND THROUGH SAME WILL BE ACCURATE OR RELIABLE. THE YARDLINE® OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR BY AND THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YARDLINE®, ANY INVESTOR, PARTNER OR OTHERWISE THROUGH OR FROM THE YARDLINE® OFFERINGS, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. 

Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER YARDLINE®, NOR ITS PARENT, SUBSIDIARIES AND/OR CORPORATE AFFILIATES,  SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YARDLINE® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE YARDLINE® OFFERINGS AND/OR ANY OTHER YARDLINE® PRODUCTS AND/OR SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER YARDLINE® PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE YARDLINE® OFFERINGS; (C) YOUR INABILITY TO OBTAIN ANY FUNDING AMOUNT, OR OTHERWISE UTILIZE THE YARDLINE® OFFERINGS TO SATISFY ANY MANNER OF FINANCIAL NEED; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; (E) YOUR FAILURE TO REALIZE ANY SPECIFIC FINANCING GOAL, FINANCIAL BENEFIT, FUNDING OUTCOME AND/OR OTHER FINANCIAL OUTCOME; (F) ANY ERROR AND/OR INACCURACY ASSOCIATED WITH THE ESTIMATES AND/OR GROWTH ESTIMATES; AND (G) ANY OTHER MATTER RELATING TO THE YARDLINE® OFFERINGS AND/OR ANY OTHER YARDLINE® PRODUCTS AND/OR SERVICES.  THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, SECURITIES LAW VIOLATIONS, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS.  YOU HEREBY RELEASE YARDLINE® FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN.  IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF YARDLINE® TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00).  NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE YARDLINE® OFFERINGS AND/OR ANY OTHER YARDLINE® PRODUCTS AND/OR SERVICES MAY BE BROUGHT BY YOU OR YARDLINE® MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION.  THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND YARDLINE®.  ACCESS TO THE YARDLINE® OFFERINGS AND/OR ANY OTHER YARDLINE® PRODUCTS AND/OR SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS YARDLINE’S® LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Representations and Warranties

Each User hereby represents and warrants to Yardline® as follows: (a) the Agreement constitutes such User’s legal, valid and binding obligation which is fully enforceable against such User in accordance with its terms; (b) such User understands and agrees that such User has independently evaluated the desirability of utilizing the Yardline® Offerings and that such User has not relied on any representation and/or warranty other than those set forth in the Agreement; (c) the execution, delivery and performance by such User of the Agreement will not conflict with or violate: (i) any order, judgment or decree applicable to such User; or (ii) any agreement or other instrument applicable to such User; and (d) such User’s performance under the Agreement, use of the Yardline® Offerings and Registration Data will not: (i) invade the right of privacy or publicity of any third person; (ii) involve any libelous, obscene, indecent or otherwise unlawful material; (iii) violate any applicable law; and/or (iv) otherwise infringe upon the rights of any third-parties including, without limitation, those of copyright, patent, trademark, trade secret or other intellectual property right, false advertising, unfair competition, defamation, invasion of rights of celebrity, violation of any anti-discriminatory law or regulation, or any other right of any person or entity.

Indemnification


You agree, at your own cost and expense, to indemnify and hold the Covered Parties harmless from and against any and all claims, disputes, liabilities, judgments, settlements, actions, debts or rights of action, losses of whatever kind, and all costs and fees, including reasonable legal and attorneys' fees, arising out of or relating to: (a) your breach of the Agreement; (b) any unauthorized or improper use of your Account and/or the Yardline® Offerings by any person, including yourself; (c) your violation of applicable law; (d) any failure by you to provide accurate and up-to-date Registration Data; (e) any dispute between you and any other User, Business Entity or other third party; and/or (f) your negligence or misconduct.  If we instruct you in writing, you will, at your cost and expense, defend us from any of the foregoing using counsel reasonably acceptable to us We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any such claim or matter without our prior written consent.

Proprietary Rights

The Yardline® Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, and all Yardline® logos, symbols, expansion names and symbols, play level symbols, trade dress or "look and feel,” and all derivative works or modifications of/to any of the foregoing, and all related and underlying intellectual property (including, without limitation, patents, trademarks, trade secrets and copyrights), are the sole and exclusive property of Yardline®. We reserve all rights not expressly granted herein. Except as expressly set forth herein, no right or license is granted hereunder, express or implied or by way of estoppel, to any intellectual property rights and your use of the Yardline® Offerings does not convey or imply the right to use the Yardline® Offerings in combination with any other information or products. The posting of information or material by and through the Yardline® Offerings does not constitute a waiver of any right in or to such information and/or materials.  The “Yardline®” name and logo are trademarks of Swiftline Corp.  The use of any Yardline® trademark without Yardline’s® express written consent is strictly prohibited.

License

Each User is granted a non-exclusive, non-transferable, revocable and limited license to access and use the Yardline® Offerings.  Yardline® may terminate this license at any time for any reason.  Unless otherwise expressly authorized by Yardline® in writing in each instance, Users may only use the Yardline® Offerings for their own internal business purposes.  No part of the Yardline® Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical.  No User or other third-party may use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the Yardline® Offerings except as expressly permitted by Yardline®.  No User or other third-party may use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Yardline® Offerings, or any portion thereof.  No User or other third-party may create any “derivative works” by altering any aspect of the Yardline® Offerings.  No User or other third-party may use the Yardline® Offerings in conjunction with any other third-party content.  No User or other third-party may exploit any aspect of the Yardline® Offerings for any commercial purposes not expressly permitted by Yardline®.  Each User further agrees to indemnify and hold Yardline® harmless for that User’s failure to comply with this paragraph.  Yardline® reserves any rights not explicitly granted in the Agreement.

Dispute Resolution Provisions

The Agreement shall be treated as though it were executed and performed in New York, NY and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles).  The parties (and Covered Parties) hereby agree to arbitrate all claims that may arise under and/or relate to the Yardline® Offerings and/or the Agreement.  Without limiting the foregoing, should a dispute arise between the parties/any Covered Parties including, without limitation, any matter concerning the Yardline® Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties/Covered Parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association (“AAA”) in New York, NY, in accordance with the then current Commercial Arbitration rules of the AAA; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice.   The Covered Party(ies) named in your Initial Dispute Notice (collectively, the “Named Parties”) may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”).  If the applicable Named Party(ies) provide(s) you with a Final Settlement Offer and you do not accept it, or such Named Party(ies) cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before the AAA, in your county of residence, by filing a separate Demand for Arbitration, which is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions.  If the arbitrator awards you relief that is greater than the applicable Final Settlement Offer, then the Named Party(ies) will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, the Named Party(ies) will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction.  Although the Named Party(ies) may have a right to an award of attorneys' fees and expenses if Named Party(ies) prevail(s) in arbitration, the Named Party(ies) will not seek such an award from you unless the arbitrator determines that your claim was frivolous. 

To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against any of the Covered Parties.  You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that any Covered Party incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.

Other Terms & Conditions

Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.  To the extent that any Services Agreement is in conflict or inconsistent with these Terms, the applicable Services Agreement shall take precedence.  Yardline’s® failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.  The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.  Yardline® may, with or without notice to you and in its sole discretion, assign the Agreement and/or any of its rights or delegate its duties under the Agreement to any third party for any purpose. The Agreement, may not however, be assigned by you, and you may not delegate your duties under it.  Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

Social Media Pages

The Site contains links to the various Yardline® Social Media Pages.  The Social Media Pages are hosted and made available on the Social Media Websites by third party entities.  Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, terms and conditions.  You understand and agree that Yardline® shall not be liable to you, any other User or any third party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.

Electronic Signatures

You acknowledge and agree that by clicking on the submit button, or taking such other action as may be designated by Yardline® as a means of accepting the Agreement, you are submitting a legally binding electronic signature and entering into a legally binding contract.  You acknowledge that your electronic submission constitutes your agreement and intent to be bound by the Agreement.  Pursuant to any and all applicable statutes, regulations, rules, ordinances or other laws including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE YARDLINE® OFFERINGS.  Further, you hereby waive any right or requirement under any statutes, regulations, rules, ordinances or other law in any jurisdiction which requires: (a) an original signature; (b) delivery or retention of non-electronic records; and/or (c) payments, or the granting of credits, by other than electronic means.

California End-User Consumer Rights

In accordance with Cal. Civ. Code Sec. 1789.3, California State resident end-users may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, Ste. 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov.

Contact Us

If you have any questions about the Agreement and/or the Yardline® Offerings, please call us at: (833) YARDLINE; or email us at: info@yardline.com.