Description of Services

Lionheart Capital LLC offers a range of business services (the “Services”) accessible through our website. We reserve the right to modify or discontinue any part of our Services at any time.

Marketplace Services

At Lionheart Capital LLC, we connect eligible small business owners with banks, credit unions, and other financial institutions for funding solutions (the “Marketplace Services”). Our role is to help business owners identify appropriate funding types and connect them with potential funders, facilitating opportunities to prepare for and secure business loans.

Additional Services

Lionheart Capital LLC may introduce new products and services, to which these Terms of Use will also apply.

Use of Website and Services:

As a user of our website or a registered user of any Services (a “Registered User”), you agree to the following:

• Exclusive Use: Your account is for your use only, specifically for your business needs. You cannot allow others to use your account, nor can you transfer it to another person or entity. Lionheart Capital LLC is not liable for unauthorized access to your account due to theft or misappropriation of your credentials.

• Information Submitted: You bear full responsibility and liability for the information and content you submit or make available through our website and any Services. Creating duplicate accounts is prohibited and may result in your account being suspended.

• Risk Assumption: You assume all risks associated with using the Services, including interactions with third parties like lenders you are matched with.

• No Guarantees: Lionheart Capital LLC does not guarantee successful matches for every individual or business using the Services, nor the suitability of business funding for each user.

• Accuracy of Information: You commit to providing accurate, current, and complete information. Lionheart Capital LLC reserves the right to terminate your access to the Services if provided information is found to be incomplete, fraudulent, or inaccurate.

• Legal and Business Purposes: Use of our website and Services must comply with all applicable federal, state, and local laws and must be for legitimate business purposes. They are not intended for personal, family, or household uses.

Intellectual Property Rights:

• Ownership and Use: Lionheart Capital LLC owns all rights to the website and Services. These are protected by laws and regulations. Your use is limited to what is expressly authorized by these Terms. No copying, reproducing, modifying, or creating derivative works from the website or Services is permitted.

• Confidential Information: Do not post, modify, or use any confidential information or other copyrighted material, trademarks, or proprietary information accessible via the website or Services without prior written consent of the rights owner.

• License to Provided Content: By submitting content to any account or public area of the website or Service, you grant Lionheart Capital LLC a perpetual, worldwide license to use, reproduce, display, and distribute this content, and to create derivative works from it. Participation in new features or services implies agreement to these terms.

Indemnification:

You agree to indemnify, defend, and hold harmless Lionheart Capital, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of (i) your use of or inability to use the Site or Services, (ii) any user postings made by you, (iii) your violation of any terms of these Terms or your violation of any rights of a third-party, or (iv) your violation of any applicable laws, rules, or regulations. Lionheart Capital reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Lionheart Capital in asserting any available defenses.

User Information:

• Privacy Policy. For information about the collection and possible use of information and material provided by you, please refer to Lionheart Capital’s Privacy Policy located on the Site. By using the Site or the Services, you consent to the terms of Lionheart Capital’s Privacy Policy.

• Disclosure by Law. You acknowledge and agree that Lionheart Capital may disclose information you provide if required by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (i) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); or (ii) protect or defend Lionheart Capital’s, or a third-party’s, rights or property.

• Information Security. We strive to protect Lionheart Capital and our users from unauthorized access, alteration, disclosure, or destruction of information. This includes encrypting many of our services using industry standard methods, regularly reviewing our information collection, storage, and processing practices, including physical security measures, and restricting access to personal information to Lionheart Capital employees, contractors, and agents who need to know that information for processing, all of whom are bound by strict contractual confidentiality obligations.

• Use of Anonymous Information for Research. By using the Site and/or Services, you agree to allow Lionheart Capital to anonymously use the information from you and your experiences to continue research into successful business practices and to improve the Services.

• License Regarding Your Content. You retain ownership of the content you provide to the Site or as part of your use of the Services. However, by submitting your content, you grant Lionheart Capital a perpetual, non-exclusive, irrevocable, royalty-free license to use your content, including sharing it with trusted companies, organizations, and individuals for the performance of the Services.

Restrictions:

You and any third parties are prohibited from using the Services as a money services business, on behalf of a third party, for abuse, in violation of any law or agreement, for perpetrating fraud, or for unauthorized purposes.

Dispute Resolution by Binding Arbitration:

You and Lionheart Capital agree to arbitrate disputes rather than going to court. Arbitration is more informal and uses a neutral arbitrator instead of a judge or jury. This arbitration will be individual; class arbitrations and class actions are not permitted.

• Opt-Out. New users may opt out of arbitration within 30 days of accepting these Terms.
• Modifications. Any future changes to this arbitration agreement can be rejected within 30 days of the change.

Severability and Enforceability:

If any part of this arbitration agreement is found invalid or unenforceable, the other parts shall still apply. If the entire agreement is unenforceable, then the exclusive jurisdiction and venue described in these Terms will govern any action related to these Terms.

Telephone Communications and Agreement to be Contacted:

• Call Recording and Monitoring: You acknowledge that telephone calls to or from Lionheart Capital, its agents, and affiliates, may be monitored and recorded. You agree to such monitoring and recording.

• Providing Telephone Numbers and Other Contact Information: You confirm that the contact information you provide to Lionheart Capital, including your name, mailing address, email address, residential or business telephone number, and/or mobile telephone number, is accurate. You affirm that you are the current subscriber or owner of any telephone number that you provide. You must not provide a phone number that is not your own. If false or inaccurate information is provided, your account may be suspended or terminated. You agree to immediately notify us of any changes in your contact information, including telephone numbers, by responding STOP to any text message, calling +1 (855) 579-8883, or emailing office@lionheartcapitalllc.com.

• Your Consent to Receive Automated Calls/Texts: By providing your telephone number(s), you consent to receive automated calls and text messages from Lionheart Capital and third parties acting on its behalf. This consent applies even if your number is on a state or federal Do Not Call list. Lionheart Capital may contact you at any provided or obtained contact information. You understand that agreeing to receive automated promotional calls/texts is not a condition of purchase or account creation. To opt-out, please see the instructions below.

• Opt-Out Instructions: You may opt-out of automated calls and texts at any time. To opt-out of text messages, reply STOP to any message from us. For opting out of automated voice calls, you must send a written notice including your full name, mailing address, account number, and the phone number(s) to stop calls to office@lionheartcapitalllc.com. Allow up to thirty (30) days for processing opt-out requests. Non-automated calls may still be made to you after opting out.

• Fees and Charges: There is no charge for automated calls or texts from Lionheart Capital. However, your carrier’s message and data rates may apply.

• Unauthorized Use of Your Telephone Device: Immediately notify Lionheart Capital of any unauthorized use of your telephone device. You may be liable for losses caused by unauthorized use.

Your Indemnification to Us: 

You agree to indemnify Lionheart Capital for claims related to providing a telephone number not owned by you or failure to update contact information, including costs and attorneys’ fees.

Release of Claims: 

You release Lionheart Capital from claims related to telephone calls or text messages, including alleged legal violations.

General Provisions: 

You are responsible for all equipment and services needed to receive calls and texts. Your obligations under this section survive the termination of these Terms of Service.

Text Message Terms and Conditions:

By opting in to Lionheart Capital’s Text Message Service, you agree to these terms and to resolve disputes through binding arbitration, waiving any right to participate in class actions as detailed in Lionheart Capital’s Terms of Use.

General Provisions:

• Controlling Law and Jurisdiction: Utah law governs these Terms. Any disputes will be subject to the jurisdiction of courts in Salt Lake County, Utah.

• Content: All content on the Site is owned by Lionheart Capital and protected by various laws.

• Confidentiality: Lionheart Capital takes precautions to protect your account information, but cannot guarantee security.

• Notification of Terms of Use Changes: Lionheart Capital may update these Terms. Changes will be notified via email or on the Site.

• Term and Termination: This agreement is effective upon use of the Site or Services and may be terminated by Lionheart Capital at any time. Specific sections will survive termination.