a) Vetter provides software as a service to facilitate the application process (“the Process”) for its registered Users. Users of Vetter have access to Vetter Services, including the Vetter Platform, which functions to receive, collect, store, and transmit Users’ public, nonpublic and financial data (together, “Personal Data”) and documents (together, “User information”) provided by our Users and/or our authorized third-party service provider(s), to parties that are essential to the Process.
b) The purpose of Vetter Services is to facilitate the Process and our role is limited to receiving, collecting, storing and transmitting User information that is essential to it. Vetter does not participate in any decisions made during the Process, including but not limited to whether to originate funding; or the terms of funding. Vetter does not provide funding or the transfer of funds between any Users or other parties involved in any funding transaction.
a) By registering with Vetter, applicants for funding authorize Vetter to (i) collect applicants’ Personal Data from Users and, through services provided by our authorized third-parties, from financial institutions and credit reporting agencies; (ii) to store Personal Data; and (iii) to transmit Personal Data to parties, including ISOs, brokers and Funders, that are essential to the Process. All Users of Vetter acknowledge that Vetter has no control over the quality or accuracy of any User information provided to, or collected or transmitted by Vetter, and that Vetter does not warrant the accuracy of User information or that all relevant User information has been provided in its entirety. Users further acknowledge that Vetter will not be held liable for any outcome resulting from or connected to any User’s reliance on User information received, collected or transmitted by Vetter.
b) By registering with Vetter, Authorized Users agree that the application and funding process for all applications for funding submitted via Vetter will be conducted exclusively through the Vetter Platform.
c) Vetter does not claim ownership of Users’ Personal Data; rather, Vetter and our third-party data storage provider are custodians of User information.
d) Vetter may collect information about your use of Vetter Services, which we will use to improve our Services, and may include, for example, your device information, log information regarding how you use Vetter Services, and information collected and stored using cookies. Note: Vetter Services may not perform properly for you if your cookies are disabled.
a) We use our best effort to protect the integrity, privacy and security of Personal Data received, collected, stored or transmitted by Vetter by implementing measures required by regulations and best practices, including but not limited to firewall barriers, SSL encryption techniques, and authentication procedures; performing due diligence on our third-party service providers; and retaining Personal Data on our Platform only until termination of your Agreement.
b) You acknowledge, however, that despite our best effort to protect your Personal Data, the absolute security of any technology system cannot be guaranteed, and that you use Vetter Services, and provide us with and access to your Personal Data entirely at your own risk. You agree that Vetter cannot guarantee against, and Vetter shall not be held liable for, any unauthorized third-party access to your account with Vetter Services, or misuse or disclosure of your information. In the event of a security breach, Vetter will immediately and thoroughly investigate the breach, and will notify you if your User information has been acquired by an unauthorized party.
c) You also acknowledge that Vetter cannot guarantee the security of Personal Data subsequent to its transmission by Vetter to Users authorized by applicants, including but not limited to financial institutions, and that Vetter will not be held liable for failure by such recipients to provide adequate security safeguards to Personal Data.
a) To facilitate the application process, registered Users of Vetter Services are granted non-exclusive, non-transferable access to the Vetter Platform. To access our Services, Users must have access to a current web browser; register with Vetter by providing true, accurate, current and complete User information; and login using their username and password.
b) Users are solely responsible for all activities that occur in connection with their login information and, accordingly, must take reasonable steps to protect the confidentiality of such information. Notify Vetter immediately if you become aware of any loss, theft or unauthorized disclosure or use of your login information by contacting us at support@Vetter.com or by calling 646-518-8236.
c) Users must also ensure that your User registration information remains current throughout the term of use of Vetter Services. Please login to your Profile page to make any revisions needed.
Vetter holds itself to the highest standard of performance in our industry and we will use our best effort to provide registered Users with continuous, uninterrupted availability to our Vetter Site and Services throughout each day of the year. You understand, however, that to maintain our standard, we must periodically conduct maintenance and Platform upgrades, which can cause interruptions in Vetter Services, but usually during non-peak hours. You also understand that interruptions to Services also may be caused by events that are outside of our control due to the actions of third-parties that our Services depend on, such as internet service providers, and Force Majeure events. A Force Majeure event is an event, or a series of related events, that is outside the reasonable control of Vetter, including, but not limited to, failure of public telecommunications networks, hacker and denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting a third-party provider, fires, floods, terrorist attacks and wars.
In the event that Vetter Services are unavailable to you, you agree to immediately notify Vetter, which will make every reasonable effort to restore availability to you as soon as practicable. If Vetter fails more than three times for a duration each time of at least eight hours during a two-month period to make Vetter Services available to you, and that failure is due to a malfunction of our Platform, but not due to periodic maintenance or modification of the Vetter Site and/or Platform, or a Force Majeure event, you will be entitled to a refund equal to two months worth of payments.
You agree to hold Vetter harmless and to waive any claims arising from any interruption in Vetter Services that may occur due to Vetter’s periodic maintenance or modification of its Site or Services, or to any circumstances beyond the reasonable control of Vetter, including Force Majeure events.
Vetter SERVICES AND Vetter DOCUMENTS ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER Vetter NOR ITS AFFILIATES MAKE ANY WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ANY WARRANTY THAT Vetter SERVICES IS FREE FROM DEFECTS. Vetter DOES NOT MAKE ANY WARRANTY AS TO THE OUTCOME THAT MAY BE OBTAINED FROM USE OF Vetter SERVICES.
YOU AGREE THAT NEITHER Vetter NOR ITS AFFILIATES WILL BE LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), EXCEPT IF SUCH DAMAGES ARE CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, ARISING FROM, OR RELATING OR CONNECTED TO THESE TERMS, OR YOUR USE OF OUR SITE AND SERVICES. YOU ALSO AGREE THAT IN NO EVENT WILL OUR LIABILITY TO YOU EXCEED THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO Vetter FOR Vetter SERVICES PROVIDED.
Vetter does not grant any license or other authorization to any User of Vetter’s trademarks, service marks, copyrightable material or other intellectual property. Violation of these prohibitions will result in the automatic termination of your permission to use the Vetter Site and Platform, and possible legal penalties.
As a service to its Users, Vetter offers sample agreements and other documents to its Users to facilitate the application process. Used “as is,” these documents comply with applicable New York State and Federal laws and regulations. Vetter does not warrant the documents’ compliance with any State or Federal legal or regulatory requirements upon any addition, revision, deletion, or alteration to the documents by Users, and/or use of the documents for any purpose other than that stated by the documents.
You agree to communicate with Vetter electronically via support@Vetter.com. We will communicate directly with you by e-mail or generally by posting notices on the Vetter Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing. You are responsible for providing, at your expense, access to the Internet and any required equipment.
PLEASE PRINT AND RETAIN A COPY OF THIS DOCUMENT FOR YOUR RECORDS.