Terms of Use

Changes to these Terms

We may change these Terms at any time by posting the revised version on the Site. Changes take effect when posted. Your continued use of the Site after we post changes means you accept the updated Terms. We may also change, suspend, or discontinue any part of the Site at any time without notice.

About our services

Avanti is a commercial equipment financing company. We guide your application, explain the financing options available to you, and coordinate funding through our lending partners: the banks, lenders, and funding sources that actually extend the credit. Credit decisions are made by those lending partners, not by Avanti, although Avanti may decline or withdraw an application it cannot verify, as described under "Application information and authorization." Submitting an application, receiving a pre-qualification estimate, or being told that a file "looks good" does not guarantee approval, and no financing is binding until it is set out in a written agreement signed by the relevant funding source. Rates, terms, amounts, and approval depend on a full review of the application, the equipment, and other factors, and are subject to change without notice until documents are signed.

Our services are intended for business and commercial purposes only, not for personal, family, or household use. By applying, you represent that you are requesting financing solely for business or commercial purposes. Where a state requires specific disclosures for commercial financing, those disclosures are delivered with the offer to which they relate, not on this Site. Our services are not available in every state.

Program descriptions on the Site, including amounts, terms, credit profiles, down payments, timelines, and "as little as" or "up to" figures, describe what our programs can offer to qualifying applicants. They are not offers, and results for any particular applicant depend on the lending partner's review.

Eligibility

To use the Site and apply for financing, you must be at least 18 years old and able to enter into a binding contract, and you must be acting on behalf of a business where you submit business information.

Application information and authorization

You agree that the information and supporting documents you provide in an application or otherwise are true, accurate, and complete to the best of your knowledge, and that you are authorized to provide them, including information about a business and its owners or guarantors. If you sign an application, you also represent that you are the person you identify yourself as and that you have authority to submit it on behalf of the business that is applying.

Each person who signs an application gives the authorization printed on it, titled "Applicant Certification, Credit Authorization, and Identity Verification." That signed authorization governs how Avanti, its designees, and prospective lenders, financing sources, and assignees may obtain, verify, use, and share credit reports and other information about the business and its owners or guarantors. Our Privacy Policy summarizes it.

Avanti may independently verify each signer's identity, business ownership, signing authority, and financial information, including through third-party verification services and independently obtained contact information, and may require additional documentation. Avanti may suspend, decline, or withdraw any application if information cannot be verified or fraud is suspected. Providing false or misleading information may result in denial of your application and may be unlawful.

Permitted use and prohibited conduct

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Site in any way that violates applicable law or regulation;
• Use the Site in a manner that could disable, overburden, damage, or impair it, or interfere with anyone else's use of it;
• Attempt to gain unauthorized access to the Site, its servers, or any connected systems or data;
• Use any robot, scraper, or other automated means to access or collect data from the Site without our permission;
• Introduce any virus, malware, or other harmful code; or
• Misrepresent your identity or affiliation, or attempt to collect information about others without their consent.

Submissions

We do not claim ownership of feedback, suggestions, or other materials you submit to us ("Submissions"). By providing a Submission, you grant Avanti a non-exclusive, royalty-free, worldwide license to use it in connection with operating and improving our business and services, and you confirm that you have the rights necessary to grant that license. We are not obligated to use any Submission and may remove it at any time. We will not pay you for any Submission.

Consent to be contacted

When you submit a form on the Site that includes a phone number or email address, you agree that Avanti may contact you about your request at that number and address by phone and email, including with automated dialing technology or an artificial or prerecorded voice where permitted by law. Consent to be contacted is not a condition of purchasing anything or obtaining financing, and you may withdraw it at any time by telling us. Standard carrier charges may apply. Text messages are sent only if you opt in to them separately, as described in the next section.

Text messaging (SMS)

If you opt in to text messages, you may receive SMS messages from Avanti Equipment Finance LLC about your application, account, financing, and servicing. Message frequency varies, and message and data rates may apply. Reply STOP to opt out at any time, or HELP for assistance. Carriers are not liable for delayed or undelivered messages. Opting in is not a condition of receiving financing or credit approval. For support, contact 617-843-5612 or info@avantiequipmentfinance.com. For more detail, see our SMS Terms at avantiequipmentfinance.com/sms-opt-in and our Privacy Policy.

No financial, legal, or tax advice

The content on the Site, including any payment calculator, Section 179 or tax information, and other educational material, is provided for general informational purposes only. It is not financial, legal, accounting, or tax advice, and it does not account for your specific circumstances. Estimates and calculator results are illustrative and are not offers of financing. You should consult your own qualified advisors before making decisions, and you should rely only on the terms of a signed financing agreement.

Fees and payments

Most of what we do costs you nothing up front. If a fee applies to your file, for example a file processing fee collected through our payment processor, we will tell you the amount, what it covers, and whether and when it is refundable before you pay it, and that statement controls. Unless we state otherwise at the time of payment, a fee is non-refundable once the work it covers has begun, and a fee applied toward closing costs is credited as described when it was collected. Payments are processed by a third-party processor; we do not store your full card details.

Reviews, testimonials, and examples

Customer reviews shown on the Site are quoted from our public Google Business Profile as written by the customers who posted them, and we do not pay for reviews. Examples of funded deals, timelines, and outcomes describe those particular transactions. Every application is different, and past results do not guarantee that yours will be approved, funded in the same time, or on the same terms.

Dealer and vendor program

Equipment dealers and vendors who enroll in our partner program, or who use a co-branded application page or embedded form, do so under the program terms we provide to them at enrollment. A dealer or vendor is not Avanti's agent, does not make credit decisions, and cannot commit Avanti or any lending partner to terms. Unless we agree otherwise in writing, a dealer's participation does not create any obligation for Avanti to finance a particular sale.

Accessibility

We want everyone to be able to use the Site, including people who rely on assistive technology. Our Accessibility Statement, available from the footer of every page, describes the standards we work to and how to reach us if something on the Site is not accessible to you. We welcome that feedback and will work with you to provide the information or service another way.

Intellectual property

The Site and its contents, including text, graphics, logos, images, and design, are owned by Avanti Equipment Finance LLC or its licensors and are protected by intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from the Site without our prior written permission, except that you may view and print pages for your own reference in evaluating our services. Product and company names mentioned on the Site may be the trademarks of their respective owners.

Third-party links

The Site may contain links to websites operated by others. We provide these links for convenience only and do not control or endorse those sites. We are not responsible for their content, products, or practices, and your use of them is at your own risk and subject to their terms.

Disclaimer of warranties

The Site and all information, materials, and services on it are provided "as is" and "as available," without warranties of any kind, whether express or implied. To the fullest extent permitted by law, Avanti disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and does not warrant that the Site will be uninterrupted, error-free, or secure, or that information on it is accurate or current.

Limitation of liability

To the fullest extent permitted by law, Avanti Equipment Finance LLC and its members, officers, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of use, data, profits, or business, arising out of or relating to your use of (or inability to use) the Site, even if advised of the possibility of such damages. If, despite the above, we are found liable for any matter relating to the Site, our total liability will not exceed one hundred U.S. dollars ($100). Some jurisdictions do not allow certain limitations, so some of these may not apply to you. If you are dissatisfied with the Site, your sole and exclusive remedy is to stop using it.

Indemnification

You agree to indemnify and hold harmless Avanti Equipment Finance LLC and its members, officers, employees, and agents from any claims, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of your use of the Site, your Submissions, or your violation of these Terms or applicable law.

Dispute resolution: arbitration and class-action waiver

Talk to us first. If you have a dispute with Avanti relating to the Site or these Terms, contact us at the address below with a written description of the problem and what you would like us to do. Most concerns can be resolved this way. If we have not resolved the dispute within 60 days of receiving your notice, either of us may start arbitration as described here.

Binding arbitration. Except as provided below, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site, including its formation, interpretation, or enforceability, will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules (or, if you are an individual, its Consumer Arbitration Rules where they apply), rather than in court. The Federal Arbitration Act governs this provision. The arbitrator may award the same individual relief a court could, and the arbitrator's award may be entered as a judgment in any court with jurisdiction. Unless the parties agree otherwise, any hearing will be held in New Hampshire or by video conference.

Exceptions. Either party may bring an individual claim in small-claims court if it qualifies, and either party may seek injunctive or other equitable relief in court to protect intellectual property or to stop unauthorized use of the Site. This section, including the class-action waiver, does not apply to disputes about a financing application you submit through the Site or the authorization you sign with it. Nothing in this section limits any right you have under the financing agreement you sign with a lending partner, which is governed by its own terms.

Class-action waiver. YOU AND AVANTI EACH AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. If this waiver is found unenforceable as to a particular claim, that claim will proceed in court rather than arbitration, and the rest of this section will continue to apply.

Opt-out. You may opt out of this arbitration provision by sending written notice to Avanti Equipment Finance LLC, PO Box 406, Rollinsford, NH 03869, or by email to info@avantiequipmentfinance.com with the subject line "Arbitration opt-out," within 30 days after you first use the Site or first submit information through it. Your notice must include your name and, if applicable, your business name and the email address you used on the Site. Opting out does not affect any other part of these Terms.

Governing law and venue

These Terms are governed by the laws of the State of New Hampshire and applicable federal law, without regard to conflict-of-laws rules. For any dispute that is not subject to arbitration, you agree that it will be brought exclusively in the state or federal courts located in New Hampshire, and you consent to the jurisdiction and venue of those courts. No joint venture, partnership, employment, or agency relationship is created by these Terms or your use of the Site.

General

If any provision of these Terms is found to be unenforceable, the remaining provisions will stay in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable. Our failure to enforce any provision is not a waiver of it. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets. These Terms and our Privacy Policy are the entire agreement between you and Avanti regarding the Site and supersede any prior understandings on that subject. The authorization you sign on an application and any financing agreement you sign with a lending partner are separate documents governed by their own terms.

Contact us

If you have questions about these Terms, contact us at: