Last Revised on _May 2022
By accessing or using the www.rok.biz (“Website”) or any service made available by ROKFI LLC. or its affiliates (together, the “Service”), however accessed, you agree to be bound by these terms of use (“Terms”). Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in the Terms or will be presented to you for your acceptance when you sign up to use such Services or purchase such products.
These Terms affect your legal rights and obligations. by accessing or using the Service, you acknowledge and represent that you have read, understand and are fully able and competent to accept these terms and conditions AND AGREE TO BE legally BOUND BY THEM. IF YOU ARE UNDER THE AGE OF THIRTEEN (13) OR IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.
The terms and conditions below limit our liability and obligations to you and allow us to change, suspend or terminate your access to and use of the Service at any time in our sole discretion. It is your responsibility to read the following terms and conditions:
Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Your failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Your account is to be used only by you and only for your business needs. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You are solely responsible for, and assume all liability regarding (i) the information and content you provide, (ii) the information and content you make available in any manner through the Service, and (iii) your interaction with any and all third-parties. Any attempt to enter information to create a duplicate account will be rejected and your account will be put on hold.
You assume all risk when using the Services, including but not limited to all of the risks associated with any interactions with third-parties, including but not limited to any lenders to which you are matched, referred or provided.
ROKFI LLC may not be able to provide matches for every user seeking to use its Services. Further, ROKFI LLC makes no guarantees as to the number of matches or the ability to obtain business funding. You agree to provide accurate, true, current and complete information and agree to not use the Service for any illegal purpose. You will only use the Service in accordance with federal, state and local laws and for a bona fide business purpose.
License
The Service contains content owned or licensed by ROKFI LLC. ROKFI LLC Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and ROKFI LLC, ROKFI LLC owns and retains all rights in the ROKFI LLC Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights or notices incorporated in or accompanying the ROKFI LLC Content. Also, you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the ROKFI LLC Content.
With these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to use the Service only for its intended use. We may terminate this license at any time for any reason whatsoever. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) confidential information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Service, without first obtaining the prior written consent of the owner of such proprietary rights.
By providing information or content to any account or public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to ROKFI LLC and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test or implement new features or services on the Service in which you may voluntarily choose to participate, in accordance with the additional terms and conditions of such features or programs. By your voluntary participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or services.
Availability, Errors and Inaccuracies
We are constantly updating our Service. The Service may be described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including availability and services. While we strive to ensure that the Service works, we cannot and will not guarantee that our Services will work as intended and that content will be available or accessible at any specific point in time. We expressly disclaim any and all liability as a result of delayed, lost, or unsent messages or errors associated to the content or Services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Our Service depends on various factors such as software, hardware and communications networks, and other factors outside of its control. You understand that we do not guarantee that the Service will be uninterrupted or that it will be timely, secure and error-free.
Privacy
Use of the Service is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of these Terms. Please carefully review our Privacy Policy. By using or accessing the Service, you agree to be bound by the terms of our Privacy Policy.
Links To Other Web Sites
Our Service may contain links to or other content related to third-party web sites or services that are not owned or controlled by ROKFI LLC.
ROKFI LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. We are not responsible for the availability or content of such third-party links, web sites, products or services. You further acknowledge and agree that ROKFI LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Copyright Complaints
ROKFI LLC respects the intellectual property of others. If you are a trademark or copyright owner and you believe that your rights have been violated in any way, please notify us of your claim of infringement by sending the following written information to our designated copyright agent:
o A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
o Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
o Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
o Information reasonably sufficient to permit us to contact you such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
o A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and o A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our copyright agent for notice of claims of copyright infringement can be reached at: James Webster 3500 Sunrise Highway Building 100 Suite 201 Great River, NY 11739
Compliance With Laws
You represent and warrant that (i) you are not located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a “terrorist supporting” country; and (ii) you are not listed on any United States Government list of prohibited or restricted parties.
You agree that you will not use the Service for any prohibited purpose. It is your sole responsibility to ensure that your use of the Service complies with all laws, rules and regulations applicable to you.
In addition, you acknowledge that to use the Service, (i) the content must be yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the use of your content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.
Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless ROKFI LLC, its licensees and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of or in connection with: (i) your use and access of the Service; (ii) a violation or breach of these Terms or any other agreement that governs your use of the Service; (iv) a violation of any of your representations or warranties made to us, or (v) a violation of any law or the rights of any third party.
Disclaimer Of Warranties
The service is provided on an “as is”, “as available” and “with all faults” basis. to the fullest extent permissible by law, neither ROKFI LLC nor any of its subsidiaries, affiliates, related companies, employees, managers, officers, or agents (collectively, the “ROKFI LLC parties”) make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the service; (b) ROKFI LLC content; (C) third party CONTENT; or (D) security associated with the transmission of information to ROKFI LLC or via the service. in addition, the ROKFI LLC parties hereby DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
The ROKFI LLC parties do not represent or warrant that the service will be error-free or uninterrupted; that defects will be corrected; or that the service or the server that makes the
service available is free from any harmful components, including, without limitation, viruses. the ROKFI LLC parties do no make any representations or warranties that the information (including any instructions) on the service is accurate, complete, or useful. you acknowledge that your use of the service is at your sole risk. the ROKFI LLC parties do not warrant that your use of the service is lawful in any particular jurisdiction, and the ROKFI LLC parties specifically disclaim such warranties.
By accessing or using the service you represent and warrant that your activities are lawful in every jurisdiction where you access or use the service.
The ROKFI LLC parties do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or cause of any kind or character based on or resulting from any content.
Limitation Of Liability; Waiver
UNDER NO CIRCUMSTANCES WILL THE ROKFI LLC PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) ROKFI LLC CONTENT; (C) THIRD PARTY CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE ROKFI LLC PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE ROKFI LLC PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE ROKFI LLC PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
THE ROKFI LLC PARTIES ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE THE ROKFI LLC PARTIES FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Time Limitation On Claims
You agree that any claim you may have arising out of or related to your relationship with ROKFI LLC must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.
Governing Law
You expressly agree that these Terms and any dispute arising out of these Terms or use of the Service shall be governed, construed, and enforced in accordance with the laws of New York, United States, without regard to its conflict of law provisions. You further agree and consent to the exclusive personal and subject matter jurisdiction and venue of the state and federal courts located in Suffolk County, New York, for the resolution of any such dispute and you agree and submit to personal jurisdiction in such courts. In addition, you forever waive any argument or defense based on personal jurisdiction, venue, or forum non conveniens.
Class Action Waiver
IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS AS A REPRESENTATIVE OF A CLASS OR IN A
PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.
Miscellaneous Terms
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
You may not assign your rights or obligations under this Agreement without our prior written consent and any attempt to do so without such consent will be null and void and given no force or effect. ROKFI LLC may assign its rights under this Agreement without condition.
These Terms constitute the entire agreement between us regarding the Service and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time, without notification. It is your responsibility to review the latest Terms before you use the Service. By continuing to access or use the Service after new Terms become effective, you agree to be bound by the new Terms. If you do not agree to the new Terms, please stop using the Service.
Contact Us
If you have any questions about these Terms prior to accepting, please contact us at Info@rok.biz
What information do we collect?
We collect information from you when you apply on the site, participate in another site feature, or provide to us in offline contacts that we have with you.
When applying, we may ask you for your name, e-mail address, mailing address, phone number, gross sales and credit card volume or other information. You may, however, visit our site anonymously.
Like many websites, we use “cookies” to enhance your experience and gather information about visitors and visits to our web sites. Please refer to the “Do we use ‘cookies’?” section below for information about cookies and how we use them.
How do we use your information?
We may use, sell or disclose the information we collect from you when you apply or use certain other site features in the following ways:
To personalize your site experience and to allow us to deliver the type of content and product offerings in which you are most interested.
To allow us to better service you in responding to your customer service requests.
To quickly process your requests.
To administer other site features.
For internal purposes including, but not limited to, auditing, data analysis, and research to improve our product offering, service offering, and customer communications.
To comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties.
To fulfill any other purpose for which you provide it or for any other purpose with your consent; or in any other way we may describe when you provide the information.
How do we protect visitor information?
We run off of could base servers . We also use enterprise class firewalls to protect your information. Our servers are monitored 24 hours/day and 7 days/week to ensure your information is protected. Please do note that you will never have to enter your social security number, date of birth, or actual credit card information on our site. We do not accept payments on our site. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential.
Do we use “cookies”?
Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Netscape Navigator or Internet Explorer) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won’t have access to many features that make your site experience more efficient and some of our services will not function properly.
Do we disclose the information we collect to third-parties?
We may disclose information that we collect to third parties. Non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
We may use, sell or disclose personally identifiable information that we collect or that you provide to one or more of the following:
To our subsidiaries and affiliates, to further support the services we provide to you.
To third party lenders, partners, credit agencies, and providers of products and services that you may request from us.
To contractors, service providers, vendors, and other third parties we use to support our business.
To respond to subpoenas, court orders, legal process, or to establish or exercise our legal rights or defend against legal claims.
To website hosting partners in order to support our business.
To investors and other parties who assist us in the services that we provide to you.
To investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to physical safety of any person, violation of our terms or agreements, or as otherwise required by law; and/or to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which your personal information is among the assets transferred.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses. We do not disclose any information to third-parties who do not agree to keep such information confidential.
Third party links
In an attempt to provide you with increased value, we may include third party links on our site. These linked sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these linked sites (including if a specific link does not work).
Changes to our policy
If we decide to change our privacy policy, we will post those changes on this page and update the policy’s effective date. You continued use of our Website following the posting of changes constitutes your acceptance of such changes. Policy changes will apply only to information collected after the date of the change. This policy was last modified on August 10, 2020.
Application of Policy
This online privacy policy applies only to information collected through our website and other information collected from offline contacts that we have with you.
California Residents
This section supplements the information herein and applies solely to all visitors, users, and others who reside in the State of California. We adopt this notice to comply with the California Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this section.
Sharing Personal Information
We may disclose certain information about you that we have collected for purposes that may be considered a “sale” under the CCPA. For example, we may disclose information to companies that perform direct marketing campaigns. When we disclose such information we may enter a contract that describes and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. The CCPA prohibits third-parties who purchase the personal information we hold from re-selling it unless you have received explicit notice and an opportunity to opt-out of further sales.
In the preceding twelve (12) months we have sold or disclosed the following categories of personal information:
Personal Information Identifiers – Your name, address, telephone number
Protected Classification Characteristic – Your age
Commercial Information – Annual Sales of your business, your credit score and length of time in business
If you are a California resident, you may request information about our disclosure of personal information to third parties or affiliated companies. To exercise such rights, please submit a verifiable request to us as set forth below. Only you, or someone legally authorized to act on your behalf, may make a verifiable request related to your personal information. You may only make a verifiable request twice within a 12-month period. Please allow up to 45 days for us to process your request.
Requests to Access
You have the right to request what personal information we have collected, used, disclosed and sold about you within the preceding 12 months. To submit a request to know, you may call us at (844) 294-0058 or email your request to privacy@rok.biz.
Request to Delete
You have the right to request what personal information we have collected, used, disclosed and sold about you within the preceding 12 months. We may deny your request as permitted under the CCPA. To submit a request to delete, you may call us at (844) 294-0058 or email your request to privacy@rok.biz.
Do Not Sell My Personal Information
You have the right to opt-out of the sale of your personal information that we have collected about you within the preceding 12 months. To Opt-Out of the sale of your personal information you may call us at (844) 294-0058, visit our website at rokfi.com or you may email us at privacy@rok.biz.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you. We will only use personal information provided in a verifiable request. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Non-Discrimination
Your exercise of these rights will have no adverse effect on the price and quality on the goods or services we provide to you.
Canada Residents
If you are a resident of Canada, or a Canadian entity, by using our site and/or filling out an application, you consent to our collection, use, and disclosure of your business and personal information, both online and offline, for the following purposes:
We may use your credit, financial, and related personal and/or business information provided to us while engaging in our services. Birth dates, social insurance numbers, or other personal identification information may be used by us to verify your identity, records, or credit information, and for the purposes of meeting legal, regulatory, audit, processing, security requirements, and as otherwise permitted or required by Canadian law and applicable foreign laws.
In order to evaluate your potential or actual transaction, and to establish your credit history and/or the credit history for your business, we may provide and collect your information to/from the following third parties: (1) our respective affiliates, agents, and representatives; (2) credit bureaus and reporting agencies; (3) other lenders, business and financial institutions with whom you or the Business have had or may have a financial relationship, including references and any credit card processors; (4) parties connected with or involved in the proposed or actual financing, insuring, securitization, sale, assignment or other disposal of all or part of our businesses or assets; and (5) Successors and assignees of our business or assets.
Your consent will continue and be valid until the above stated purposes have been completed. By consenting to this policy, you represent and warrant that you have the necessary consent of any other principals, guarantors, or other individuals whose personal information is provided to us by you.
Your consent
By using our site, you consent to our privacy policy.
*This provision does not apply to Canadian residents or entities
Questions and feedback
We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue By emailing us at privacy@rok.biz or contacting us by mail addressed to:
ROK Financial
3500 Sunrise Hwy Bldg 100 Suite 201
Great River, NY 11739