The words “the Site” or “Website” refers to https://www.prestala.com / (“URL”), all pages contained within the URL or linked thereto, and all linked subdomains, mobile applications, or on-line forms.
The words “Prestala LLC”, “Prestala”, “we”, “our,” or “us” includes Prestala LLC and its affiliates, vendors, partners, representatives, employees, and other personnel involved with Prestala LLC, unless specifically distinguishing Prestala from our partners or affiliates.
The use of the words “you”, “user”, “visitor”, or “applicant” means anyone who accesses or otherwise interacts with the Site and our services.
Acceptance of Terms
Eligible Users and Acknowledgements
You may not use the Prestala Site services, or products if you are under 18 years of age or if you are not a legal citizen of the United States.
Your access to our Site and services may be terminated without warning if we believe, in our sole discretion, that you are less than 18 years of age or not a United States citizen.
In addition, by using the Website, you are affirming that;
By submitting information to Prestala, either via the use of a third-party you have authorized to submit information on your behalf, or through verbal or electronic communication directly with us, you are further affirming that;
Use of Site Restrictions
You assume all risk and responsibility for your conduct on the Site and use of our services, including any risk associated with your interactions with third-parties, and hereby waive all claims or actions against Prestala.
You agree that Prestala is making no commitment or guarantee that any service, product, evaluation, or guidance provided by Prestala will result in approval for business funding. You acknowledge that by engaging or communicating with Prestala LLC, you are not guaranteed any funding or form of funding. If you currently have a Prestala funding product, you are not guaranteed approval for additional funding.
Changes to Terms
Your continued use of our Site and services means you have read, understood, and accept the most recent version of this agreement as binding. Please check the last updated date frequently so you are aware of any changes.
Products and Services
You understand and agree that the services provided by Prestala LLC include assessing your eligibility for business funding, underwriting and issuing funds at our discretion.
Prestala is a direct issuer of business funding, and may use business partners to manage and maintain the funding relationship once an approval has been issued.
Prestala is not a financial consultant company, nor do we or our business partners offer legal advice. Before making a financial decision or strategy for your company you should consider obtaining the advice of your attorney, accountant, and other trusted consultants.
By authorizing one of our business partners to submit your financial information on your behalf, you also authorize Prestala to obtain information from third-party sources, including credit bureaus once we have received your application. Based on our assessment of your application information, we may deny, suspend, or discontinue our services or limit the availability of funding products at any time and for any reason, without liability and without notice.
APPLYING FOR BUSINESS FUNDING
Consent to Conduct Business Electronically
Entering a business relationship with Prestala and signing any documents electronically has the same force and effect as if it was signed by hand with an ink signature. Any electronic or paper communications will be considered “in writing.”
In utilizing any of the functions of the Site, you warrant and represent that you are over the age of 18, a legal US citizen, and are able to enter binding agreements on behalf of your business.
You certify that any funds obtained through our services will be used solely for legitimate business purposes and not for any other reasons outside of that scope.
In order to service your request for business funding, maintain a funding relationship, and fulfil any contractual obligations, you authorize Prestala LLC to;
(a) send electronic disclosures to the email address(es) provided by you, including all relevant documents, notices, and contracts.
(b) communicate with you electronically, at any telephone number, fax number, email address that you submit to us now or in the future.
(d) contact third-parties as necessary to verify your information, including your identity and the legitimacy of your business. We may require identifying documentation from you as a condition of continuing with our services at any time.
(e) analyze the financial health of your business by obtaining proof of your business revenue. Proof of business revenue includes the choice of providing us copies of your business bank statements or linking your transactional data using a secure third-party.
(f) obtain and review consumer and business credit reports; and to conduct further credit inquiries as required, which may impact your credit score.
Credit Application Disclaimer
You understand and agree that if Prestala initiates a “soft pull” of your consumer or business credit it will not affect your credit score, but we may require further inquiries that could affect your credit score.
By engaging in our services you are providing Prestala authorization to inquire about your credit and to obtain reports from credit bureaus as needed to fulfil your request for business funding and monitor your credit performance.
You understand and agree the Prestala cannot guarantee that your application will result in approval, or submission for approval, for any business funding products offered through our services.
Consent to Contact and Receive Electronic Communications
We, or any agent or representative acting on our behalf, may contact you by any means and for any reason, including but not limited to; fulfilling your request for business funding, communicating information on the status of your business funding, and delivering disclosures, notices, and agreements.
You understand that anyone with access to your telephone, phone number, email account, or other owned electronic communication devices may listen to or read the messages that Prestala or any agent acting on our behalf may send you, and you agree that we will have no liability for anyone accessing such messages.
You understand that you may be charged for the use of such services, and Prestala cannot be held liable for any charges incurred by use of these communications or the platforms they rely upon.
Below you will find further acknowledgements in your consent to receive electronic communications, as well as your options and instructions for withdrawing your consent.
Limitations on Withdrawing Consent to Electronic Communications
While we make every effort process all requests to withdraw communication consent, you may be still contacted in error. Please notify us at firstname.lastname@example.org if such an error occurs and we will take appropriate measures to resolve the issue.
You also acknowledge that withdrawing consent for one form of communication shall be exclusive to that form
If you have received a funding product through your use of Prestala services and request to withdraw consent, then the separate terms and conditions of the funding agreement will take precedence, and Prestala, and any representative or agent acting on our behalf may contact you by any means and as needed for any purpose, including enforcing contractual or legal rights and obligations.
Consent to Contact Third-Parties
You understand and agree that you by entering a funding agreement through our services, you authorize Prestala LLC to access third-party sites on your behalf thereby granting Prestala a limited power of attorney as your agent.
Our services may incorporate Application Programming Interfaces (API’s) to communicate and share information with third-parties. The API’s utilized through the Site include transmitting your transactional data and other personal or business information to Prestala or our partners.
You agree that once you have obtained a financial product through Prestala, you grant us the authority as your agent to accessing your bank or other financial information at any time and as needed to monitor your performance. This includes providing bank account statements when requested, and acknowledging our right to access any accounts you have linked via API to our business partners or affiliates during the application process.
Prestala LLC bears no responsibility for the content, or availability of the content, provided by or through the use of third-party API’s.
Monitoring and Privacy
You acknowledge and agree that any of your electronic communications with us, including telephone calls, may be monitored or recorded at any time and without notice.
Monitoring may involve an ongoing review of your business bank account if linked by a secured third-party, updating an inquiry into your credit, and reviewing your communications with us for quality assurance or training purposes, and to assess your financial readiness to receive additional business funding now or in the future.
You understand and agree that certain information or communications may be disclosed if required by law or legal process, or at the request of a third-party with reasonable cause, or if necessary to protect, defend, or enforce Prestala’s rights.
Updating your Information
You authorize Prestala to consider all information on any legally binding documents to be true, accurate, and current, unless we are contacted directly and made aware of any changes.
You bare full responsibility for keeping your personal and business information up to date and hereby agree you will contact us immediately of any change to your phone number, email address, physical address, or any other information associated with your account.
Additionally, you agree to promptly notify us of any changes to the business’ location, circumstances, alterations to the legal name of the business entity, restructuring or transfer of ownership, or eligibility for continued use of our services. You may notify us directly through the Site, by contacting your Prestala representative, or by emailing email@example.com.
All relevant notices, disclosure, payments or letters shall be considered received if sent by Prestala to the contact information you provide. For example, if we send a notice to the email address on your application and you have since changed your email address, that notice will be considered delivered to you by Prestala.
Prestala LLC shall not be held responsible for any fees, payment processing errors, or any other damages arising from your negligence in keeping your information current.
Compliance with Laws
You shall comply with all applicable state and federal laws and regulations regarding your use of the Site and services in all your dealings with Prestala LLC, our affiliates, partners, or other third-parties.
You are required to cooperate fully with any investigation by Prestala, its agent or with law enforcement officials.
You acknowledge that any willful violation of this binding agreement or illicit use of our services could result in civil or criminal penalties.
The Site content is provided to you “as is” and may not be exploited for any other use, including commercial use.
While Prestala makes every effort to keep the content on the Site current, we are under no obligation to do so and cannot warrant the completeness, accuracy, or relevance of the information, images, links, or other content of the site.
Furthermore, we do not guarantee the availability of all or parts of the Site, as certain parts of the website may be unavailable from time to time due to any reason, including technical difficulties or errors.
Ownership and Intellectual Property Rights
You acknowledge and agree that the content on the Prestala Site and the services available through the Site are protected by copyright law and other intellectual property laws with all rights reserved.
By using the Website, you agree not to engage in copying, modifying, distributing, reproducing, selling, reverse engineering, broadcasting, transmitting, or creating derivative works from any of our content or technology.
Prestala LLC retains all rights, titles, and interests in the Website and all digital representations of Prestala. These rights and interests cannot be transferred to any other party unless expressly authorized by Prestala in writing.
To the best of our knowledge, Prestala only uses content that we own or are permitted to use.
Any third-party content with respect to trademarks, names, or logos referencing a third-party company shall remain the property of that company, otherwise all content remains the intellectual property of Prestala.
We reserve the right to terminate your use of the Site or service if we suspect unauthorized use, access, or any violation of applicable law regarding our ownership rights.
Prestala LLC may also, at its sole discretion, limit, terminate, or prohibit your use of the Site and services if you are under suspicion of being a repeat infringer regarding our intellectual property under the Digital Millennium Copyright Act (DMCA).
The following hardware and software specifications must be met in order to view the Site and retain necessary documents and disclosures required to utilize the services offered by Prestala;
In addition to the above requirements, when accessing the Site via a mobile device (i.e., a smartphone or tablet), you must have the capability and software on your mobile device that allows you to print and save any disclosures or other documents.
If your mobile device does not have these capabilities or does not have the proper software installed, you are required to access the Site through a device that has the capability to print all documents and disclosures presented.
Appropriate Use of Site and Service
You acknowledge and agree that you may not use the Site or services of Prestala LLC in any manner unlawful or any way that violates applicable local, state, federal, or international laws or regulations.
You may not use the Site in any harmful manner that could damage, impair, or disable the Site or that interferes with another’s use of the Site.
In addition, you shall not:
Linking to the Website
You may create links to our Site either by placing “https://www.prestala.com/” in text or by mentioning “Prestala” and placing the hyperlink inside the company name. You may do so provided it is done in a fair and legal way and does not damage or demonstrate intent to damage our reputation in any way. Any other means or representation of linking to the Website is not allowed.
You are not permitted to link to the Site in any manner that suggests an association with or endorsement of your business as if originating from Prestala without our express written consent.
Links to Third-Party Websites
The Prestala LLC Site and other communications sent you during use of our service may contain content provided by third-parties, as well as links to third-party websites, which are not owned or controlled by Prestala.
You agree and acknowledge that the company bears no responsibility for any information, materials, or services provided on third-party websites or displayed on our Site by third-parties.
Furthermore, we have no control over and cannot edit, censor, or update third-party content.
Under no circumstances will we bear responsibility for damages or losses incurred by your accessing a third-party website through any link posted or transmitted to you from your use of our Site or services.
You expressly agree to relieve Prestala of any and all liability arising from your use of third-party websites.
Reliance on Website Information
The content on the Website is available with the purpose of providing general information only, and Prestala does not warrant the completeness or accuracy of this information.
We disclaim all responsibility and liability for any reliance you place on this content, and you agree that under no circumstances shall Prestala LLC be liable to any applicant, user, or third-party for any losses arising from such reliance.
Limitation of Liability
You agree that your use of the Website and all services accessed through the Website is done at your own risk and that Prestala in no event shall be held liable for any damages or expenses, including but not limited to, financial loss, emotional distress, loss of data, or loss of business caused by or in connection with the content or services offered through the Site.
To the fullest extent permitted by applicable law, Prestala, its partners, affiliates, representatives, employees and agents shall not be held liable for any direct or indirect, incidental, special, or consequential damages, expenses, or losses that may arise in connection with:
(a) use of the Website, or from your use of, or your inability to use, the Website or any of the information provided on the Website;
(b) any failure of performance, error, omission, defect, delay, or interruption in operations or transmissions, computer/ mobile device viruses or line or system failure; or
(c) any disclosure of information when communicating with you by any electronic means or receiving electronic communications from you, or in connection with any unauthorized access of your account.
These limitations apply even if we have been made aware of a possibility of such damages, losses, or expenses.
Prestala does not endorse or encourage the use or purchase of any products or services advertised on the Website.
Prestala bears no responsibility for, and makes no endorsements, claims, or guarantees, for the third-party content or services accessed through the Website and cannot be held liable for any damages, losses or expenses incurred in association with them.
Disclaimer of Warranties
Prestala LLC does not warrant or guarantee that files or other media linked or available for downloading from the Site or other electronic communications will not contain destructive codes or viruses. Utilizing appropriate security procedures for guarding against malicious software or code is solely your responsibility. The Company will not be liable for any damages or losses caused by any harmful technology arising from your use of the Site or our services.
Neither the Company nor anyone associated with the company makes any warranties regarding the accuracy or availability of the Site’s content. The Website and services are made available “as is” without any warranties, and without guarantee that the any services offered will meet your expectations.
Baring those warranties which cannot be excluded under applicable law, the Company disclaims all warranties of any kind, either expressed and implied.
We reserve the right to assume exclusive control of any and all matters subject to indemnification.
Governing Law, Venue, and Jurisdiction
Limitation on Time to File Claims
Questions or Concerns