1. Introduction and Acceptance of Terms
By accessing, browsing, or using the SERVEBANK website, platform, and related services (collectively, the "Platform"), you acknowledge that you have read, understood, and unreservedly agree to be bound by this Disclaimer, along with our Terms of Service and Privacy Policy.
If you do not agree with any part of this Disclaimer, you must immediately discontinue your use of our Platform.
2. Nature of Services (Platform Only, NOT a Lender)
- No Direct Lending: SERVEBANK is strictly a technology platform and digital marketplace. SERVEBANK is not a bank, financial institution, lender, broker, loan originator, or loan servicer.
- Connecting Parties: Our sole function is to connect qualified borrowers seeking financing with third-party financial entities, including but not limited to traditional banks, private lenders, institutional investors, fintech companies, and specialty finance providers (collectively, "Lenders").
- No Loan Guarantee: SERVEBANK does not issue loans, make credit decisions, endorse specific loan products, or guarantee that any borrower will be approved for financing by any Lender. All loan approvals, terms, rates, and conditions are determined solely by the participating Lenders at their absolute discretion.
3. Limitation of Liability and Assumption of Risk
To the maximum extent permitted by applicable law, SERVEBANK Financial Inc., its officers, directors, employees, agents, affiliates, and partners shall not be held liable for any direct, indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunities, arising out of or in connection with:
- Transactions and Agreements: Any loan agreement, financial transaction, contract, or negotiation entered into between a borrower and a Lender through or as a result of using the Platform.
- Lender Performance: The acts, omissions, errors, representations, breaches, or negligence of any Lender, investor, or third-party service provider.
- Financial Losses: Any financial losses, defaults, non-repayments, bankruptcy filings, or adverse credit consequences incurred by Lenders, investors, or borrowers utilizing the Platform. Lenders, private lenders, institutional investors, and specialty finance providers assume full and sole responsibility for conducting their own independent due diligence, credit underwriting, collateral assessment, and risk evaluations regarding any borrower or loan opportunity.
- Platform Downtime or Errors: Any technical failures, system interruptions, cybersecurity incidents, or inaccuracies in the data provided on the Platform.
4. No Financial, Legal, or Tax Advice
- Informational Purpose Only: All content, tools, calculators, and materials provided on the SERVEBANK website are for general informational and marketing purposes only and do not constitute financial, investment, legal, or tax advice.
- Professional Consultation: Users (both borrowers and Lenders) should consult with qualified independent financial advisors, legal counsel, and certified public accountants before entering into any financial transaction or executing any loan agreement.
5. Indemnification
You agree to defend, indemnify, and hold harmless SERVEBANK Financial Inc. and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or in any way connected with:
- Your use of, or inability to use, the Platform;
- Your breach or violation of this Disclaimer or our Terms of Service;
- Any dispute, transaction, or contractual relationship between you and any third party (including any borrower or Lender) introduced through the Platform.
6. External Links and Third-Party Content
Our Platform may contain links to third-party websites, partner portals, or resources. SERVEBANK has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. Accessing such links is done entirely at your own risk.
7. Governing Law, Jurisdiction, and Dispute Resolution (Arbitration)
- Governing Law: This Disclaimer and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without giving effect to any choice or conflict of law provision or rule.
- Mandatory Binding Arbitration: Any dispute, controversy, or claim arising out of or relating to this contract, including the formation, interpretation, breach, or termination thereof, shall be settled by binding arbitration administered by the State of Delaware Arbitration Court (or applicable recognized arbitration authority in the State of Delaware), in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
- Class Action Waiver: You agree that any arbitration or legal proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, no arbitration or proceeding shall be joined with any other, and no dispute can be brought on a class-action basis or on behalf of any general public or other persons.
8. Modifications to This Disclaimer
SERVEBANK reserves the right to amend, update, or modify this Disclaimer at any time without prior notice. Any changes will be posted directly on this page with an updated effective date. Your continued use of the Platform following any modifications constitutes your formal acceptance of the revised Disclaimer.
If you have any questions or concerns regarding this Disclaimer, please contact us at:
info@servebank.com