By indicating your agreement to these terms (for example, by clicking the button where you accept these Terms), you, in your individual capacity, represent and agree to the following. PLEASE NOTE THAT THE BELOW CONTAINS AN ARBITRATION PROVISION, A CLASS ACTION WAIVER, AND A JURY WAIVER. YOU MAY OPT OUT AS SET FORTH BELOW.
1. AUTHORIZATION AND ACCURACY
You are authorized on behalf of yourself and the business listed in the application (collectively the "Applicant") to make and submit this application, to submit any accompanying documents, and to provide the consents and authorizations set out below.
You are submitting this application to Ownly Connect, LLC and to third-party service providers, including but not limited to M&A advisors, lenders, finance companies, business service providers, and/or other third parties that provide business services (collectively "Service Providers").
If this application is approved by a Service Provider, you are authorized to sign any necessary documentation on behalf of the Applicant. Please be advised that some financing products may require a personal guaranty, and some M&A transactions may require personal representations and warranties.
All information provided to Ownly Connect, LLC and/or Service Providers is accurate and complete, and you will immediately notify us of any change in such information.
2. INFORMATION SHARING AND USE
Ownly Connect, LLC and Service Providers may rely on the accuracy of the information provided. Ownly Connect, LLC may share all information and documents with Service Providers to fulfill Applicant's requests for M&A advisory, lending, growth services, or other business services.
Ownly Connect, LLC and Service Providers may share information they have about you and Applicant at any time for administrative, marketing, and servicing purposes as permitted by law. Your personal information may be shared with the Applicant as part of any evaluation or underwriting process.
You and the Applicant waive and release any claims against any information provider relating to the release of information.
3. ELECTRONIC SIGNATURE AND COMMUNICATIONS CONSENT
By accepting these Terms, you consent to conduct business with us electronically. You agree that your electronic acceptance of these Terms, including clicking buttons, checking boxes, or using e-signature services, constitutes your electronic signature and has the same legal effect as a handwritten signature.
You consent to receive all disclosures, notices, agreements, and other communications related to your application and any resulting services electronically. We may deliver such communications via our website, email, secure online portals, or other electronic means. This consent includes, and is supplemented by, the specific E-SIGN disclosure set forth in Section 3A below.
To receive electronic Communications, you must have:
- Internet access and an email account
- A current web browser (Chrome, Firefox, Safari, or Edge)
- A device capable of accessing the internet and downloading/viewing PDF files
You may withdraw consent to electronic Communications at any time by emailing info@ownly.com, though this may result in delay, suspension, or termination of your application or services.
3A. ELECTRONIC DELIVERY OF LEGALLY REQUIRED CREDIT NOTICES (E-SIGN DISCLOSURE)
By accepting these Terms, you affirmatively consent to receive all legally required credit-related disclosures and notices electronically, including but not limited to notices issued under the Equal Credit Opportunity Act (ECOA) and the Fair Credit Reporting Act (FCRA), such as Adverse Action Notices, risk-based pricing notices, and credit decision disclosures.
You understand that these notices may be provided electronically via email, secure online portal, or other electronic means and will remain available for access and retention in accordance with applicable law. Paper copies will not be provided unless you request them.
Right to Paper Copies. You may request a paper copy of any electronically delivered notice at no charge by emailing info@ownly.com. Paper copies will be provided within a reasonable time after request.
Withdrawal of Consent. You may withdraw your consent to receive electronic disclosures at any time by emailing info@ownly.com. Withdrawal of consent may result in delay, suspension, or termination of your application or services.
Hardware and Software Requirements. To access and retain electronic notices, you must have:
- Internet access
- A valid email address
- A device capable of viewing and saving PDF files
- A current version of Chrome, Firefox, Safari, or Edge
Demonstration of Ability to Access Electronic Records. By clicking to accept these Terms, you confirm that you are able to access, open, and retain electronic disclosures in the formats used by us.
You acknowledge that your electronic consent applies specifically to legally required credit disclosures, including adverse action notices, and that such electronic delivery satisfies any requirement that the notice be provided “in writing.”
4. ARBITRATION AGREEMENT
In the interest of resolving disputes in the most expedient and cost-effective manner, you and Ownly Connect, LLC agree that any dispute arising out of or relating to these Terms or your application shall be resolved through binding individual arbitration, not in court.
You and Ownly Connect, LLC waive any right to a jury trial and to participate in class actions or class arbitrations. The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
Arbitration shall be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Austin, Texas, unless we mutually agree to another location.
This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies or from seeking injunctive relief in court for intellectual property disputes.
5. OPT-OUT PROCEDURES
You may opt out of the arbitration agreement by sending written notice within 30 days of accepting these Terms to: Ownly Connect, LLC, Attn: Legal, 111 Sandra Muraida Way, Suite 100, Austin, TX 78703. The opt-out notice must include your name, address, email, and business name.
6. SERVICE-SPECIFIC TERMS
Depending on the services you request, additional terms may apply:
- M&A Services: Service Providers typically represent buyers only and are compensated by buyers
- Lending Services: Applications may result in credit inquiries; see Credit Authorization
- Growth Services: Specific terms vary by service provider
7. COMMERCIAL PURPOSE
YOU UNDERSTAND THAT THIS IS AN APPLICATION FOR COMMERCIAL SERVICES AND THAT ANY SERVICES, INCLUDING LOANS OR FUNDING, MAY NOT BE USED FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES.
8. INDEMNIFICATION
You agree to indemnify and hold harmless Ownly Connect, LLC, its affiliates, and Service Providers from any claims, damages, or expenses arising from your breach of these Terms, misrepresentation, or unauthorized use of services.
9. GOVERNING LAW
These Terms shall be governed by the laws of Texas without regard to conflict of law principles. If arbitration is deemed unenforceable, exclusive jurisdiction shall be in the courts of Travis County, Texas.
10. CONTACT INFORMATION
Ownly Connect, LLC
111 Sandra Muraida Way, Suite 100
Austin, TX 78703
Email: info@ownly.com