Terms of Service – Kensley Company

Last Updated: May 29, 2025

These Terms of Service (“Terms”) govern your access to and use of the website located at kensleycompany.com (“Site”) and any related services provided by Kensley Company LLC (“Kensley,” “we,” “us,” or “our”). By accessing the Site, submitting a financing inquiry, or otherwise interacting with our services, you agree to be bound by these Terms. If you do not agree, do not use the Site or our services.

1. Acceptance of Terms

By accessing or using the Site, you represent and warrant that you have read, understood, and agree to these Terms, our Privacy Policy, and our SMS Terms. These Terms constitute a binding legal agreement between you and Kensley Company LLC.

We may modify these Terms at any time. The “Last Updated” date above reflects the most recent revision. Continued use of the Site after changes are posted constitutes acceptance of the revised Terms.

2. Eligibility

The Site and our services are intended exclusively for use by business entities and their authorized representatives. By using the Site, you represent and warrant that:

You are at least 18 years of age
You are accessing the Site on behalf of a business entity (corporation, limited liability company, partnership, sole proprietorship, or similar legal entity)
You are duly authorized to act on behalf of that business entity
The business entity is organized and operating in the United States
You are not a consumer seeking personal, family, or household financing

Kensley does not offer services to consumers. Any inquiry submitted by an individual seeking personal or household financing will be declined.

3. Description of Services

Kensley Company LLC is a commercial equipment finance brokerage. We assist business entities with obtaining financing for equipment purchases, including commercial vehicles, restaurant equipment, medical and dental equipment, manufacturing machinery, and construction equipment. Our services include:

Reviewing your equipment financing requirements
Matching your application with one or more lenders in our independent lender network
Submitting your application and supporting documentation to lenders on your behalf
Communicating between you and the lender during the application and underwriting process
Earning referral compensation from lenders for successful introductions

Kensley does not extend credit directly. All financing decisions, including approval, denial, pricing, terms, and funding, are made solely by the underlying lender. Kensley has no authority to bind any lender or to commit to specific financing terms.

4. No Guarantee of Financing

By using the Site or submitting an inquiry, you acknowledge and agree that:

Submission of an inquiry or application does not constitute an application for credit with Kensley
Kensley does not guarantee that any lender will approve your application
Kensley does not guarantee any specific terms, rates, structures, or outcomes
Each lender makes independent credit and underwriting decisions
Kensley is not responsible for any lender’s decision, conduct, or actions

You release Kensley from any liability arising from a lender’s decision to approve, deny, or modify any financing arrangement.

5. Information You Provide

When submitting information to Kensley, you represent and warrant that:

All information provided is true, accurate, complete, and current
You have the legal authority to provide the information on behalf of the business entity
The information does not infringe on any third party’s rights
You consent to Kensley’s use, storage, and transmission of the information as described in our Privacy Policy
You authorize Kensley to share your information with lenders in our network for the purpose of evaluating your financing inquiry

You agree to update your information promptly if it changes during the application process.

6. Intellectual Property

All content on the Site, including text, graphics, logos, images, software, and the compilation thereof, is owned by Kensley Company LLC or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Site without Kensley’s prior written consent, except that you may print or download one copy of a reasonable number of pages for your own personal, non-commercial use.

“Kensley Company” and any related logos, designs, or trademarks are trademarks of Kensley Company LLC. Use of these marks without express written permission is prohibited.

7. Prohibited Use

You agree not to use the Site or our services to:

Violate any applicable federal, state, or local law or regulation
Submit false, fraudulent, or misleading information
Impersonate any person or entity, or misrepresent your affiliation with a business entity
Attempt to gain unauthorized access to the Site, our systems, or any database
Interfere with or disrupt the Site, including by introducing malware, viruses, or harmful code
Use automated tools (bots, scrapers, crawlers) to access or harvest information from the Site
Reverse engineer, decompile, or disassemble any portion of the Site
Use the Site or services to solicit personal financing or financing for consumer purposes
Engage in any activity that could harm Kensley, our lenders, or other users

Kensley reserves the right to terminate access to the Site, refuse service, and pursue legal remedies for any prohibited use.

8. Third-Party Lenders

Kensley’s role is limited to facilitating introductions between you and independent lenders. Lenders are separate legal entities with their own underwriting standards, financing documents, privacy practices, and terms of service. You agree that:

Kensley is not a party to any financing agreement between you and a lender
Kensley does not control and is not responsible for any lender’s actions, omissions, or decisions
Disputes between you and a lender must be resolved directly with the lender
You should review each lender’s terms, disclosures, and privacy practices before signing any documents

9. Disclaimers

THE SITE AND OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KENSLEY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

KENSLEY DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. KENSLEY DOES NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION ON THE SITE.

KENSLEY DOES NOT WARRANT ANY OUTCOME OF YOUR INTERACTION WITH ANY LENDER.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KENSLEY, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR OUR SERVICES.

KENSLEY’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, OR OUR SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE TOTAL FEES PAID BY YOU TO KENSLEY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

THE LIMITATIONS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

11. Indemnification

You agree to defend, indemnify, and hold harmless Kensley Company LLC, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

Your violation of these Terms
Your use of the Site or services in violation of applicable law
Information you provided being inaccurate, incomplete, or misleading
Any dispute between you and a lender
Your business activities

12. Governing Law

These Terms and any dispute arising out of or related to these Terms, the Site, or our services will be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

13. Dispute Resolution; Arbitration; Class Action Waiver

Please read this section carefully. It affects your legal rights.

Informal Resolution

Before initiating any formal dispute, you agree to first contact Kensley in writing at info@kensleycompany.com and provide a description of the dispute. The parties agree to attempt in good faith to resolve the dispute through informal negotiation for at least thirty (30) days before initiating arbitration.

Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or our services that is not resolved informally will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted in Miami-Dade County, Florida, before a single arbitrator. The arbitrator’s decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Class Action Waiver

YOU AND KENSLEY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR MULTI-PARTY PROCEEDING. The arbitrator may not combine more than one party’s claims and may not preside over any class or representative proceeding.

Exceptions

Notwithstanding the foregoing, either party may bring an individual action in small claims court, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction in Miami-Dade County, Florida to protect its intellectual property rights.

14. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be replaced by a valid provision that most closely matches the original intent.

15. Entire Agreement

These Terms, together with the Privacy Policy and SMS Terms, constitute the entire agreement between you and Kensley regarding your use of the Site and our services. They supersede all prior agreements, communications, and understandings, whether written or oral.

16. Assignment

You may not assign or transfer your rights or obligations under these Terms without Kensley’s prior written consent. Kensley may assign or transfer its rights and obligations under these Terms without restriction.

17. No Waiver

Failure by Kensley to enforce any provision of these Terms will not be deemed a waiver of that provision or any other right. Any waiver must be in writing and signed by an authorized representative of Kensley.

18. Contact

If you have questions about these Terms, contact:

Kensley Company LLC 164 NW 20th Street, Unit 202 Miami, FL 33137 (833) 317-3445 info@kensleycompany.com

Kensley Company | 164 NW 20th Street, Unit 202, Miami, FL 33137 | (833) 317-3445 | info@kensleycompany.com

Kensley Company is a commercial equipment finance brokerage. We arrange financing through a network of independent commercial lenders. We do not extend credit directly. All financing decisions are made by the underlying lender. Available to businesses only — not for consumer financing.