Loanspark, LLC

Application Agreement

The terms of this Application Agreement were last revised on 3/22/2022.

By indicating your agreement to these terms (by confirming your acceptance by clicking below after reviewing this document), you, in your individual capacity and/or, if applicable, for and on behalf of any other individual person, business, corporation, limited liability company, partnership or other entity listed in the within application (the “Application”) (you and/or such other person or entity submitting the within Application are referred to herein as the “Applicant” or “you”), represent, warrant and covenant and agree to the terms and conditions of this Application Agreement, as follows:

That you are authorized on behalf of the Applicant (whether for yourself and/or another Applicant) to make and submit this Application, to submit any accompanying documents, and to provide the consents and authorizations set forth below.
That, should this Application be approved, you are duly authorized and have full power and authority to sign any and all loan, business, financing, credit, collateral, security interest and other agreements, notes, instruments, certificates, authorizations, consents, releases, applications and documentation for and on behalf of the Applicant. Please be advised that certain loan, financing, credit and similar business or commercial financial products (“Financing Products”) or any contract, agreement or business transaction between the Applicant and Loanspark or any Marketplace Participant (as defined below) (“Transactions”), as contemplated in connection with this Application, may require a personal guarantee.
That all information provided by BOSS or on behalf of the Applicant to Loanspark, LLC and/or its representatives, subsidiaries and affiliates (collectively, “Loanspark” or “we”) and/or its designated or potential lenders, purchasers and other financing credit or network participants (“Marketplace Participants”) is accurate, true and complete and that you will immediately notify BOSS Loanspark of any change in such information.
That BOSS Loanspark and the Marketplace Participants will rely on the accurateness, truthfulness and completeness of such information provided by or on behalf of the Applicant.
That BOSS Loanspark may release and share all information and documents, including without limitation, consumer credit reports obtained for the Applicant, with the Marketplace Participants to process, underwrite, manage, administer, source, market, fulfill, monitor, handle and/or service the Application, the Applicant’s requests, or otherwise in connection with Financing Products or any other Transaction. You hereby expressly consent to such release or sharing of information and documents between Loanspark and Marketplace Participants.
That BOSS Loanspark and its Marketplace Participants may release and share information and documentation they have about the Applicant at any time for administrative, processing, underwriting, sourcing, handling, monitoring, marketing, servicing and other similar business purposes in connection with Financing Products or any other Transaction as permitted by law and, if applicable, that your personal information may be shared with any other Applicant as part of the Application process or any Financing Products or other Transactions. You hereby expressly consent to such release or sharing of information and documents between Loanspark and Marketplace Participants.
That Applicant’s authorization hereinabove for release and sharing of Applicant’s information and documents, including credit reports, shall constitute Applicant’s written consent, approval and instructions under the Fair Credit Reporting Act, including all regulations promulgated pursuant thereto, if applicable.
That if you do not want any information about the Applicant shared with Marketplace Participants, including consumer credit reports, then you shall not proceed with this Application and shall exit this website of Loanspark. You can withdraw your consent to release and sharing of information about the Applicant, including consumer credit reports, or opt out at any time by contacting Loanspark at [email protected]. Please note that if you choose to withdraw your consent and/or opt out accordingly, Loanspark will no longer be able to identify potential matches for your business needs for Financing Products or other Transactions, and you should stop using the services and website of Loanspark.
That the Applicant waives and releases, to the maximum extent permitted by applicable law, any claims against any information provider and against Loanspark and all Marketplace Participants relating to the sharing or release of the Applicant’s information to Loanspark or any Marketplace Participant in connection with the Application or any Financing Products or other Transactions.
That the Applicant agrees to and accepts all terms and conditions of Loanspark’s (i) Credit Gathering Authorization, (ii) Information Sharing Agreement, (iii) Electronic Record and Signature Disclosure, (iv) Privacy Policy, and (v) Terms of Use, each found here in Loanspark’s website (collectively, the “Other Terms and Conditions”).
That the Applicant hereby authorizes Loanspark and its Marketplace Participants to file applicable UCC financing statements or other similar security or collateral documents relating to any contemplated Financing Products or other Transactions.

BY USING LOANSPARK’S WEBSITE AND/OR REQUESTING THAT LOANSPARK CONTACT THE APPLICANT FOR CREDIT APPLICATION OR UNDERWRITING PURPOSES, APPLICANT AGREES TO ARBITRATE ALL CLAIMS BETWEEN APPLICANT AND LOANSPARK (AND ANY OTHER PERSON OR ENTITY CALLING ON BEHALF OF LOANSPARK OR OTHERWISE ACTING ON ITS BEHALF) ON AN INDIVIDUAL CLAIM BASIS ONLY AND NOT AS A PART OF ANY CLASS. A “CLAIM” IS ANY CASE, CONTROVERSY, DISPUTE, TORT, DISAGREEMENT, LAWSUIT, LEGAL ACTION, OR CLAIM NOW OR HEREAFTER PENDING BETWEEN APPLICANT AND LOANSPARK, INCLUDING BUT NOT LIMITED TO ANY ALLEGED STATE OR FEDERAL STATUTORY VIOLATION, OR ANY DISPUTE OVER THE INTERPRETATION OF THE TERMS OF THE APPLICATION, THIS APPLICATION AGREEMENT OR ANY OTHER TERMS AND CONDITIONS, OR THE ARBITRABILITY OF ANY CLAIM PURSUANT TO ANY OF THE FOREGOING. THIS AGREEMENT TO ARBITRATE GOVERNS ALL PAST, CURRENT AND PROSPECTIVE INTERACTIONS WITH LOANSPARK OR ANY PERSON OR ENTITY ACTING ON ITS BEHALF. APPLICANT AGREES THAT APPLICANT IS WAIVING ALL RIGHTS TO: (A) A TRIAL BY JURY; (B) PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION; AND (C) BRING AN ACTION AGAINST LOANSPARK OR SUCH OTHER PERSON OR ENTITY IN A COURT OF LAW. ALL IN-PERSON ARBITRATION HEARINGS AND PROCEEDINGS SHALL TAKE PLACE IN BOSTON, MASSACHUSETTS. THE COMMERCIAL DISPUTE RESOLUTION PROCEDURES OF THE AMERICAN ARBITRATION ASSOCIATION THEN IN FORCE SHALL GOVERN THE ARBITRATION (PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS APPLICATION AGREEMENT AND THE OTHER TERMS AND CONDITIONS SHALL CONTROL OVER ANY INCONSISTENCY BETWEEN THE COMMERCIAL DISPUTE RESOLUTION PROCEDURES OF THE AMERICAN ARBITRATION ASSOCIATION AND THIS APPLICATION AGREEMENT OR SUCH OTHER TERMS AND CONDITIONS). The arbitrator shall have authority to interpret the Application, this Application Agreement or Other Terms and Conditions, including but not limited to the authority to decide whether any claim is arbitrable under their terms, and to decide issues related to the scope of arbitration, the rules of arbitration, the arbitrator’s jurisdiction, and the enforceability of any of the foregoing. Applicant agrees that the Application, this Application Agreement and the Other Terms and Conditions involves commerce under 9 U.S.C. Sections 1 et seq. and that this arbitration clause is governed by federal law, including the Federal Arbitration Act. The remainder of the Application, this Application Agreement and Other Terms and Conditions is governed by the laws of the Commonwealth of Massachusetts, as provided in the Terms of Use found in Loanspark’s website. In addition, the terms, rules, waivers and procedures contained in Paragraph 10 of the Terms of Use (Dispute Resolution by Binding Arbitration; Class Action Waiver) set forth in Loanspark’s website, all of which are hereby agreed and consented to by Applicant pursuant to this Application Agreement, shall apply to arbitration between Applicant and Loanspark conducted pursuant to this paragraph.

APPLICANT UNDERSTANDS THAT THIS IS AN APPLICATION FOR A COMMERCIAL FINANCING PRODUCT OR OTHER COMMERCIAL TRANSACTION, AND THAT ANY FINANCING PRODUCTS OR OTHER TRANSACTION FUNDS OFFERED TO APPLICANT MAY NOT BE USED FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES.

IMPORTANT INFORMATION ABOUT OPENING A NEW ACCOUNT

Federal law requires all financial institutions to obtain, verify and record information that identifies each person and entity that opens an account or establishes a relationship with such institution, including name, address, date of birth, social security or tax identification number and other information that will allow the financial institution to verify your and/or the entity’s identity. You may also be asked to provide identifying documents.