Terms & Conditions
Last Updated: January 1, 2024
Welcome to AGNES DAYTON LLC. By accessing our website or using our services, you agree to be bound by these Terms & Conditions ("Terms"). Please read them carefully.
1. Acceptance of Terms
By accessing or using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our services.
2. Eligibility
Our services are intended for businesses and individuals who are at least 18 years of age and have the legal capacity to enter into binding contracts. By using our services, you represent and warrant that you meet these eligibility requirements.
3. Services Provided
AGNES DAYTON LLC is a direct business lender offering various financing products, including but not limited to:
- Commercial real estate financing
- Equipment financing
- Working capital loans
- Revenue-based financing
- Inventory financing
- Business expansion financing
All financing is subject to credit approval and underwriting. We reserve the right to decline any application at our sole discretion.
4. Application Process
When you submit a financing application, you agree to:
- Provide accurate, complete, and current information
- Authorize us to verify the information you provide
- Authorize us to obtain credit reports and financial records
- Update your information if it changes during the application process
Misrepresentation or omission of material facts may result in denial of your application or termination of any funding agreement.
5. Credit Authorization
By submitting an application, you authorize AGNES DAYTON LLC and its partners to:
- Request and review your business and personal credit reports
- Verify information with financial institutions, suppliers, and other third parties
- Share your information with underwriters, investors, and funding partners
- Report payment history to credit bureaus
6. SMS Terms & Conditions
Text Messaging Program
By opting in to receive SMS messages from AGNES DAYTON LLC, you agree to the following terms:
Consent: You expressly consent to receive recurring marketing and promotional SMS/MMS messages from AGNES DAYTON LLC, including offers, updates, and information about our financial products and services, sent using an automated telephone dialing system (ATDS).
Message Frequency: Message frequency varies. You may receive up to 4 messages per month depending on your activity and our promotional calendar.
Message and Data Rates: Message and data rates may apply according to your mobile carrier's rate plan. Check with your carrier for details.
Opt-Out Instructions: You may opt out of receiving SMS messages at any time by replying STOP to any message from AGNES DAYTON LLC. After sending STOP, you will receive one final confirmation message.
Help Instructions: Reply HELP to any message for assistance, or contact us at jose@agnesdayton.com.
Not a Condition of Purchase: Consent to receive SMS messages is NOT a condition of purchasing any goods or services from AGNES DAYTON LLC. You may apply for financing and use our services without opting in to text messages.
Supported Carriers: Our SMS program is supported by major U.S. carriers including AT&T, Verizon, T-Mobile, Sprint, and others. Check with your carrier for compatibility.
Privacy: Your mobile phone number and SMS opt-in data will not be shared with third parties for their marketing purposes. For more information, see our Privacy Policy.
7. Fees and Pricing
All fees, interest rates, and pricing terms will be disclosed in your financing agreement prior to closing. Fees may include:
- Origination fees
- Underwriting fees
- Late payment fees
- Prepayment penalties (if applicable)
You are responsible for reviewing and understanding all fees before accepting a financing offer.
8. Repayment Terms
If your financing application is approved, you will enter into a separate financing agreement that outlines:
- Loan amount or credit limit
- Interest rate and APR
- Payment schedule and due dates
- Prepayment terms
- Default and acceleration provisions
You agree to make all payments on time according to the financing agreement. Failure to make timely payments may result in late fees, default interest, and negative credit reporting.
9. Intellectual Property
All content on this website, including text, graphics, logos, images, and software, is the property of AGNES DAYTON LLC or its licensors and is protected by copyright, trademark, and other intellectual property laws.
You may not reproduce, distribute, modify, or create derivative works from any content on this website without our prior written consent.
10. Website Use
You agree to use our website only for lawful purposes and in accordance with these Terms. You may not:
- Use the website in any way that violates any applicable law or regulation
- Impersonate any person or entity or misrepresent your affiliation
- Interfere with or disrupt the website or servers
- Attempt to gain unauthorized access to any portion of the website
- Use automated systems (bots, scrapers) to access the website
11. Disclaimers
Our website and services are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that:
- The website will be uninterrupted or error-free
- Defects will be corrected
- The website is free of viruses or harmful components
- Information on the website is accurate or complete
12. Limitation of Liability
To the fullest extent permitted by law, AGNES DAYTON LLC and its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our website or services.
Our total liability for any claim arising from these Terms or your use of our services shall not exceed the amount of fees you paid to us in the 12 months preceding the claim.
13. Indemnification
You agree to indemnify, defend, and hold harmless AGNES DAYTON LLC and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:
- Your violation of these Terms
- Your violation of any law or the rights of a third party
- Your use of our website or services
- Any false or misleading information you provide
14. Governing Law
These Terms and any disputes arising out of or related to these Terms or our services shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of law principles.
15. Dispute Resolution
Any dispute, claim, or controversy arising out of or relating to these Terms or our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Dayton, Ohio. You waive any right to a jury trial or to participate in a class action.
16. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be replaced with a valid provision that most closely reflects the original intent.
17. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website with a revised "Last Updated" date. Your continued use of our website or services after any changes indicates your acceptance of the updated Terms.
18. Contact Information
If you have questions about these Terms, please contact us:
AGNES DAYTON LLC
613 E 5th St
Dayton, OH 45402
Email: jose@agnesdayton.com
By using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.