Last Updated: 01/01/2024
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE, BUT ARE NOT LIMITED TO, VARIOUS LIMITATIONS AND EXCLUSIONS, AND INDEMNITIES. BY ACCESSING OR USING THE SITE (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SITE.
These Website Terms of Use (“Terms”) apply to your access to, and use of, any website, including financecapinc.com, or any other online or mobile application (collectively, the “Site”) of Finance Capital LLC (“Finance Capital,” “we,” “us,” or “our”). These Terms do not alter in any way the terms or conditions of any other agreement you may have with Finance Capital for financial products and services or otherwise. If there is a conflict between these Terms and any other agreement you may have with Finance Capital, then the terms of the other agreement will control. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity will be responsible to Finance Capital if you violate these Terms.
Privacy Policies
The Site collects information about its visitors. You agree that all such information, including without limitation information you provide to use or register with this Site, is governed by our Privacy Policy, which is incorporated herein by reference and forms an integral part of these Terms, available here: www.financecapinc.com/privacypolicy. You acknowledge that you have read the Privacy Policy as it may be updated from time to time and hereby consent to all actions, we take with respect to your information consistent with our Privacy Policy.
Proprietary Materials and Limited License
Unless otherwise indicated, the Site and all content and other materials made available on or through the Site, including, without limitation, the Finance Capital name, Finance Capital logos, and all other designs, text, graphics, pictures, videos, information, data, software, sound files and other files, and the selection and arrangement thereof (collectively, the “Finance Capital Materials”), are the proprietary property of Finance Capital or our licensors and are protected by law.
You are granted a limited, non-exclusive and non-sub-licensable license to access and use the Site and the Finance Capital Materials for your personal or internal business use only in accordance with these Terms; however, such license is subject to these Terms and does not include: (a) any resale or commercial use of the Site or the Finance Capital Materials, unless otherwise authorized by Finance Capital; (b) the distribution, public performance or public display of any Finance Capital Materials; (c) modifying or otherwise making any derivative uses of the Site and the Finance Capital Materials, or any portion thereof, unless modification or derivative use is specifically provided for under separate terms; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site, the Finance Capital Materials or any information contained therein, except as expressly permitted on the Site; or (f) any use of the Site or the Finance Capital Materials other than for their intended purposes.
Any use of the Site or the Finance Capital Materials other than as specifically authorized herein, without the prior written permission of Finance Capital, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
Users in Other States or Countries
Our corporate offices are located in Wilmington, Delaware, U.S.A. Offers and services advertised on the Site may be void in some locations (i.e., outside of Delaware, U.S.A. (the “Offer Locations”)). We make no claims that the Site or any of its content is accessible or appropriate outside of the Offer Locations. If you access the Site from outside the Offer Locations, you do so on your own initiative and are responsible for compliance with local laws.
Links to the Site and Other Websites
You may link to the Site, as long as you do so in a way that is fair and legal and does not damage or take advantage of our reputation. You may not establish a link to the Site in a way that suggests any form of association, endorsement or approval on the part of Finance Capital where none exists, or link from any website that you do not own or frame the Site on another site. We reserve the right to withdraw linking permission at any time in our sole and complete discretion. The framing, mirroring, scraping or data mining of the Site or any of its content in any form and by any method are strictly prohibited.
The Site may contain links to websites and resources provided by third parties (“Linked Sites”). These links are provided only for convenience. We have no control over and are not responsible for the content or privacy policies of any Linked Sites, and the existence of such links should not be considered an endorsement or recommendation by Finance Capital of those websites, any product or service offered on or through those websites or persons associated with those websites. Finance Capital makes no representations or warranties about the content, completeness, quality or accuracy of the links, materials or information contained on any such website, and you acknowledge that Finance Capital is not responsible for the availability of such links, resources or content and is not liable for, any content, advertising, products, or other materials made available on or from these linked websites.
Your use of any Linked Site, including payment for and the delivery of goods or services from a Linked Site, is based solely on the agreement (if any) between you the Linked Site provider.
Disclaimers and Limitation of Liability
FINANCE CAPITAL PROVIDES THE SITE ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITH NO WARRANTY OF ANY KIND-WHETHER EXPRESS, IMPLIED OR STATUTORY (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). THIS DOES NOT AFFECT THOSE WARRANTIES THAT ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION BY LAW. YOU ACKNOWLEDGE THAT NEITHER FINANCE CAPITAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS; NOR FINANCE CAPITAL’S AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (EACH A FINANCE CAPITAL PARTY) WARRANTS THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES ANY FINANCE CAPITAL PARTY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USING THE SITE, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE. NO FINANCE CAPITAL PARTY ENDORSES PRODUCTS OR SERVICES APPEARING ON LINKED SITES OR PURCHASED VIA LINKED SITES. THE INFORMATION PRESENTED ON OR THROUGH THE SITE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. NO FINANCE CAPITAL PARTY WARRANTS THE ACCURACY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK.
EXCEPT WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU AGREE THAT NO FINANCE CAPITAL PARTY WILL BE LIABLE FOR ANY LOSS, PROPERTY DAMAGE OR BODILY INJURY, WHETHER CAUSED BY ACCESS TO OR USE OF THE SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NO FINANCE CAPITAL PARTY WILL BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ECONOMIC OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION, USE OR INABILITY TO USE THE FINANCE CAPITAL MATERIALS OR THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED THROUGH THE SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO FINANCE CAPITAL’S RECORDS, PROGRAMS OR SERVICES.
ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER THE CLAIM OR CAUSE OF ACTION AROSE, OR IT WILL BE BARRED.
For additional support: support@financecapinc.com
Indemnification
You will defend, indemnify and hold harmless the Finance Capital Parties from and against all claims, damages, costs, liabilities and expenses, including but not limited to attorneys’ fees, arising out of your: (a) use of the Site; (b) any Submission you provide; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Site.
Governing Law; Arbitration
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH FINANCE CAPITAL AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
You and Finance Capital agree to submit any controversy, dispute or claim arising out of or relating in any way to these Terms or the Site to final and binding confidential arbitration, except that you and Finance Capital are not required to arbitrate: (i) any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents, and (ii) any claim within the jurisdictional limits of small claims court, provided that you or Finance Capital bring such claim in small claims court. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
You and Finance Capital agree that any arbitration will occur in New Castle County, Delaware, U.S.A. and that the selection of the arbitrator shall be made by mutual agreement of you and Finance Capital. If you and Finance Capital are unable to agree upon an arbitrator, an arbitrator shall be appointed by a court of competent jurisdiction in New Castle County, Delaware. You and Finance Capital also agree that the state or federal courts in New Castle County, Delaware, U.S.A. have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND FINANCE CAPITAL WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
Miscellaneous
Currency and Interest Rates. All references in the Site to currency are to the lawful money of the United States, unless expressly stated otherwise. Interest rates indicated on the Site are subject to change without prior notice.
Amendments. We may amend these Terms by providing you with notice of any such amendments. We will provide you with notice by posting the amended Terms to the Site and by revising the “Last Updated” date at the top of these Terms. In our sole discretion, we may also provide you with more prominent notice of any amendments, such as via the homepage of our Site or via email. If you find any amended Terms unacceptable at any time, you must discontinue your use of the Site. By continuing to access or otherwise use the Site after any amended Terms have been posted to the Site, you agree to be bound by such amended Terms. For the avoidance of doubt, any amendment to these Terms will apply prospectively only. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE SITE TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS.
Termination. Finance Capital reserves the right, without notice and in our sole discretion, to terminate your license to use the Site, and to block or prevent your future access to, and use of, the Site. Finance Capital also reserves the right to terminate in our sole discretion any feature or functionality of the Site without notice to you. Notwithstanding any other provision of these Terms to the contrary, the following provisions, and all other provisions necessary for their interpretation or enforcement, will survive indefinitely after the termination of this agreement and remain in full force and effect and be binding upon the parties as applicable: Proprietary Materials and Limited License; Disclaimers and Limitation of Liability; Governing Law, as well as this provision (Termination).
Assignment and Transfer. We may assign, transfer, or otherwise dispose of our rights and obligations under these Terms or any additional terms, in whole or in part, at any time without notice. You may not assign your rights or obligations under these Terms or transfer any rights to use the Site to any third party without the prior written consent of Finance Capital. Also, these Terms are solely for your benefit and those of any Finance Capital Party, and not for the benefit of any other person, except for permitted successors or assigns.
Waiver and Severability. If we fail to assert or waive any term or condition of these Terms, that action may not be interpreted as a further or continuing waiver of the same term or condition or any other term or condition in the future. Similarly, if any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, that provision will be deleted or limited to the minimum extent such that the remaining provisions of the contract will continue in full force and effect.
Entire Agreement. These Terms constitute the sole and entire agreement between you and us with respect to the Site, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral.
Questions & Contact Information
Questions or comments about the Site may be directed to: support@financecapinc.com