Effective Date: September 19th, 2025

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Agreement to Terms

By accessing and using the Executive Element website and services ("Service"), you agree to be bound by these Terms of Use ("Terms"). If you disagree with any part of these terms, you may not access or use our Service.

 

About Our Services

Nature of Services

Executive Element provides loan consulting and placement services to businesses nationwide. We are loan consultants and brokers, not direct lenders. Our services include:

• Business loan consulting and advisory services

• Loan application preparation and submission

• Lender matching and placement services

• Financial strategy consultation

• Ongoing loan management support

 

Important Disclaimers

• We do not guarantee loan approval from any lender

• We are not a lender and do not make funding decisions

• Loan approval depends entirely on the lender's criteria and your business qualifications

• We provide consulting services only and do not providing legal or accounting advice

 

Eligibility and Registration

User Eligibility

To use our services, you must:

• Be at least 18 years of age

• Have legal authority to bind your business to these Terms

• Operate a legitimate business entity

• Provide accurate and complete information

• Not be prohibited from receiving services under applicable law

 

Account Registration

• You are responsible for maintaining account security

• You must provide accurate, current, and complete information

• You must promptly update any changes to your information

• You are liable for all activities under your account

 

Service Terms and Conditions

Consultation Process

1. Initial Assessment: We evaluate your business and financing needs

2. Lender Matching: We identify potential lenders based on your profile

3. Application Preparation: We assist in preparing loan applications

4. Submission and Follow-up: We submit applications and manage the process

5. Ongoing Support: We provide continued assistance throughout the loan term

 

Credit Authorization

By using our services, you authorize us to:

• Obtain your business and personal credit reports

• Share your information with potential lenders

• Monitor your credit for loan servicing purposes

• Perform background and verification checks as needed

 

No Guarantee of Services

• Loan approval is at the sole discretion of lenders

• We cannot guarantee specific loan terms, rates, or amounts

• Market conditions may affect loan availability

• Lender requirements may change without notice

 

Fees and Payment Terms

Service Fees

• Consultation fees may apply for initial assessments

• Success fees are charged upon successful loan placement

• Ongoing service fees may apply for loan management services

• All fees will be clearly disclosed before services begin

 

Payment Terms

• Fees are due as specified in your service agreement

• Payment methods include ACH, wire transfer, or check

• Late payments may incur additional charges

• Refund policies are detailed in individual service agreements

 

Third-Party Costs

You are responsible for:

• Lender application fees

• Legal and professional service costs

• Government filing fees

• Credit report and verification costs

 

User Responsibilities and Conduct

Information Accuracy

You agree to:

• Provide truthful, accurate, and complete information

• Update information promptly when changes occur

• Maintain confidentiality of sensitive business information

• Respond promptly to requests for additional documentation

 

Prohibited Uses

You may not use our Service to:

• Provide false or misleading information

• Engage in fraudulent or illegal activities

• Violate any applicable laws or regulations

• Interfere with or disrupt our services

• Attempt to gain unauthorized access to our systems

• Use our services for competitive intelligence gathering

 

Compliance Obligations

You must:

• Comply with all applicable federal, state, and local laws

• Maintain proper business licenses and registrations

• Provide required financial disclosures

• Cooperate with regulatory inquiries or investigations

 

Intellectual Property Rights

Our Content

• All website content, trademarks, and materials are our property

• You may not reproduce, distribute, or create derivative works

• Limited license granted for personal, non-commercial use only

• Our trade names and logos are protected trademarks

 

User Content

• You retain ownership of the information you provide

• You grant us the license to use your information for service delivery

• You represent that you have the right to all submitted content

• We may use anonymized data for business improvement purposes

 

Privacy and Data Protection

Information Handling

• Your information is governed by our Privacy Policy

• We implement industry-standard security measures

• We share information only as necessary for service delivery

• We comply with applicable financial privacy regulations

 

Data Security

While we implement robust security measures, you acknowledge that:

• No system is completely secure

• You assume the risk of data transmission over the internet

• You should protect your account credentials

• We are not liable for unauthorized access due to your negligence

 

Service Availability and Modifications

Service Availability

• Services are provided on an "as available" basis

• We may experience planned or unplanned downtime

• We do not guarantee uninterrupted service access

• Emergency maintenance may occur without notice

 

Service Modifications

We reserve the right to:

• Modify or discontinue services with reasonable notice

• Update our processes and procedures

• Change fee structures for new engagements

• Implement new security or compliance measures

 

Disclaimers and Limitation of Liability

Service Disclaimers

OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING:

• Merchantability and fitness for a particular purpose

• Accuracy, completeness, or timeliness of information

• Uninterrupted or error-free service

• Specific results or outcomes

 

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Our total liability is limited to fees paid for services

• We are not liable for consequential, indirect, or punitive damages

• We are not responsible for lender decisions or actions

• We are not liable for business losses or lost profits

• Time limitations apply to all claims

 

Regulatory Disclaimer

• We are not providing legal, accounting, or tax advice

• You should consult qualified professionals for specialized advice

• Regulatory requirements may affect loan eligibility

• Economic conditions may impact loan availability

 

Indemnification

You agree to indemnify and hold harmless Executive Element, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your use of our services

• Your violation of these Terms

• Your violation of applicable laws

• Inaccurate or misleading information you provide

• Your business operations or financial decisions

 

Termination

Termination by You

• You may terminate services with written notice

• Outstanding fees remain due upon termination

• Confidentiality obligations survive termination

• We will cooperate in transitioning ongoing matters

 

Termination by Us

We may terminate services if you:

• Violate these Terms or applicable laws

• Provide false or misleading information

• Fail to pay fees when due

• Engage in conduct harmful to our business

• Become subject to regulatory action

 

Dispute Resolution

Governing Law

These Terms are governed by the laws of [Insert State], without regard to conflict of law principles.

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Dispute Resolution Process

1. Direct Communication: Attempt to resolve disputes through direct discussion

2. Mediation: Submit unresolved disputes to binding mediation

3. Arbitration: Final disputes resolved through binding arbitration

4. Class Action Waiver: You waive rights to participate in class action lawsuits

 

Limitation Period

All claims must be brought within one (1) year of the event giving rise to the claim.

 

Regulatory and Compliance Information

Licensing

• We operate under applicable state and federal licensing requirements

• Licensing information is available upon request

• We comply with fair lending and anti-discrimination laws

• We maintain the required bonding and insurance coverage

 

Consumer Protection

• You have rights under federal and state consumer protection laws

• Complaint procedures are available through regulatory agencies

• We maintain internal complaint resolution procedures

• Contact information for regulators is available upon request

 

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and Executive Element.

 

Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.

 

No Waiver

Our failure to enforce any provision does not constitute a waiver of our rights.

 

Assignment

We may assign these Terms in connection with a business transfer. You may not assign your rights without our consent.

 

Updates to Terms

We may update these Terms periodically. Material changes will be communicated through:

• Email notification to registered users

• Prominent website posting

• Updated "Last Updated" date

 

Contact Information

For questions about these Terms or our services:

Email: nancy@executiveelement.com
 

Response Time: We will respond to privacy inquiries within 30 days of receipt.

 

This Privacy Policy is designed to comply with applicable federal and state privacy laws, including the Gramm-Leach-Bliley Act, Fair Credit Reporting Act, and state privacy regulations. For specific legal advice, consult with qualified legal counsel.