1. Introduction

Welcome to Two Smith Capital LLC (“Company”, “we”, “our”, “us”). These Terms of Service (“Terms”) govern your use of our services, including our website, applications, and other services that we offer (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our Services.

2. Services

Our Services help business owners secure financing and loans from various lenders. We act as an intermediary between you and the lenders, providing assistance in the loan application process, financial consulting, and other related services.

3. Eligibility

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

• Are at least 18 years old and have the legal capacity to enter into these Terms.
• Are a business owner or authorized representative of a business seeking financing.
• Will provide accurate, current, and complete information as requested by us.

4. User Obligations

You agree to:

• Use our Services only for lawful purposes and in accordance with these Terms.
• Not engage in any activity that could harm or disrupt our Services or other users.
• Provide truthful and accurate information during the loan application process.
• Comply with all applicable laws and regulations.

5. Fees and Payment

Our Services may be subject to fees as outlined in our pricing schedule. By using our Services, you agree to pay all applicable fees. We reserve the right to change our fees at any time, with notice provided to you.

6. Confidentiality and Privacy

We are committed to protecting your privacy and the confidentiality of your information. Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and protect your personal information.

7. Third-Party Services

Our Services may include links to third-party websites or services. We are not responsible for the content, accuracy, or practices of these third-party sites. Your interactions with third-party websites are governed by their respective terms and policies.

8. Disclaimer of Warranties

Our Services are provided “as is” and “as available” without any warranties, express or implied. We do not guarantee that our Services will be error-free, secure, or uninterrupted. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

9. Limitation of Liability

In no event shall we be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our Services. Our total liability to you for any claims arising from these Terms or the use of our Services shall not exceed the amount paid by you to us in the twelve (12) months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless Two Smith Capital LLC, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your use of our Services or violation of these Terms.

11. Termination

We may terminate or suspend your access to our Services at any time, without prior notice, if we believe you have violated these Terms or for any other reason. Upon termination, all provisions of these Terms that by their nature should survive termination shall continue in effect.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Massachusetts, without regard to its conflict of laws principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Massachusetts.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of any changes by posting the revised Terms on our website and updating the “Last Updated” date. Your continued use of our Services after such changes constitutes your acceptance of the new Terms.

14. Contact Information

If you have any questions or concerns about these Terms or our Services, please contact us at [email protected].

Last Updated: June 3, 2024