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Terms & Conditions - Probably

Terms & Conditions

General Acceptance

Any applications submitted electronically shall have the same force and effect as if the application bore an inked original signature(s). The above information, together with any accompanying financial statements, schedules, or other materials, is submitted for the purpose of obtaining credit and is warranted to be true, correct, and complete.

U.S. Patriot Act

To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who seeks a business loan and financing. When you apply, we will ask for your business name, address, and Tax Identification Number. We will also ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.

Loan/Merchant Services

The Merchant and Owner(s)/Officer(s) identified above (individually, an “Applicant”) each represents, acknowledges and agrees that (1) all information and documents provided to Probably LLC (“Probably”) including credit card processor statements are true, accurate and complete, (2) Applicant will immediately notify Probably of any change in such information or financial condition, (3) Applicant authorizes Probably to disclose all information and documents that we may obtain including credit reports to other persons or entities (collectively, “Assignees”) that may be involved with or acquire commercial loans having daily repayment features or purchases of future receivables including Merchant Cash Advance transactions, including without limitation the application therefor (collectively, “Transactions”) and each Assignee is authorized to use such information and documents, and share such information and documents with other Assignees, in connection with potential Transactions, (4) each Assignee will rely upon the accuracy and completeness of such information and documents, (5) Probably, Assignees, and each of their representatives, successors, assigns and designees (collectively, “Recipients”) are authorized to request and receive any investigative reports, credit reports, statements from creditors or financial institutions, verification of information, or any other information that a Recipient deems necessary, (6) Applicant waives and releases any claims against Recipients and any information-providers arising from any act or omission relating to the requesting, receiving or release of information, and (7) each Owner/Officer represents that he or she is authorized to sign this form on behalf of Merchant and (8) I consent to receive direct mail, faxes, text-messages, and e-mails sent by Probably and its affiliates for the purposes of transmitting account updates, requests for information and notices, (9) this request is for business purposes.

Equipment Services

I hereby certify: (1) the information provided is true and correct, (2) you are hereby authorized to investigate all bank, credit, and trade references, and said references are hereby authorized to release any requested information to you or your nominee, (3) such authorization shall extend to obtaining personal credit profile in considering this application and subsequently for the purposes of update, renewal or extension of such credit or additional credit and for reviewing or collecting the resulting account, (4) this information may be transmitted by us to you and by you to underwriter(s) for the purpose of granting me credit, either electronically or manually, and that by submitting this application, I take full responsibility for transmission thereof, (5) I am over 18 years of age, (6) I acknowledge my rights under the Fair Credit Reporting Act, (7) I consent to receive direct mail, faxes, text-messages, and e-mails sent by Probably and its affiliates for the purposes of transmitting account updates, requests for information and notices, and (8) this request is for business purposes.

Equal Opportunity Credit Act Notice

If your application for business credit is denied, you have the right to a written statement of the specific reasons for the denial. To obtain the statement, please contact Credit Administrator, Probably LLC, 3200 Bristol Street, Suite 400, Costa Mesa, CA 92626. The Federal Equal Credit Opportunity Act (ECOA) prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract), because all or part of the applicant’s income derives from any public assistance program, or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers our compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington DC 20580

Future Contact by Probably

By providing my wireless phone number, land line number and/or email address to Probably LLC (“Probably”), I agree and acknowledge that Probably and its affiliates may send texts, emails, and/or multimedia messages to my contacts for any purpose. I agree that these texts, emails, or multimedia messages may be regarding the products and/or services that I have previously purchased and products and/or services that Probably or its Assignees may market to me. I acknowledge that this consent may be revoked at my request but that until such consent is revoked, I may receive texts, emails or multimedia messages from Probably to my wireless phone number, land line number and/or email address.