Credibility Capital Terms of Use

 

Welcome to the Credibility Capital website. The following terms (the “Terms”) govern your access to and use of this website, www.credibilitycapital.com (together with any user, borrower or investor / lender accounts, if any, on the website, the “Website”).  All use of the Website and the Content (as defined below) is subject to the Terms.  

By using the Website, you acknowledge that you have read, understood and agree to comply with the Terms, and are entering into a binding legal agreement with Credibility Capital.  If you do not agree with anything contained in the Terms, please do not submit information to, access information from, or otherwise utilize the Website.  

Users of this Website, including owners, employees, agents and affiliates of any business, corporation, partnership or other entity that is, or is considering becoming, a user, borrower or investor, are referred to as “you” or “your.”     

Credibility Capital Inc., a Delaware corporation, together with its applicable subsidiaries, affiliates, assignees, successors and its and their respective officers, directors, employees and agents are referred to as “Credibility Capital,” “we,” “us” or “our.”  Together, you and we may be collectively referred to as “Parties.” 

Authorization to Obtain Credit Reports
By submitting a Credibility Capital loan application via the Website, each individual serving as a guarantor ("Guarantor", "you" or "your") in connection with the applicant for credit (the "Applicant") understands and agrees that you are authorizing Credibility Capital or its agents to obtain credit reports and related information about you from one or more consumer credit reporting agencies, which may include Experian, Equifax, and TransUnion. 

Credibility Capital may request your credit reports to make credit decisions on your application for commercial credit. You direct Credibility Capital to provide on your behalf certain elements of your application, and elements derived in whole or in part from certain elements of your application, to its affiliates and potential investors / lenders of Credibility Capital or its affiliates. 

You authorize Credibility Capital to obtain your credit reports each time the Applicant requests a loan, during the processing or closing of a loan to the Applicant, or at various times during the term of the Applicant's loan in connection with the servicing, monitoring, collection or enforcement of the loan. 

Credit scoring, based on personal credit data of each Guarantor, may be used in the evaluation of a credit request by the Applicant. We may report information about a Guarantor to consumer credit bureaus. Late payments, missed payments, or other defaults on a Credibility Capital loan account may be reflected in one or more credit report of each Guarantor. 

 

Authorization to Refer to Third Party

By selecting the option on the Credibility Capital loan application referring to this notice and continuing with the application process, each Guarantor in connection with the Applicant understands and agrees that you are authorizing Credibility Capital or its agents to refer the contact information of the Guarantor and the Applicant and basic company information of Applicant to third parties that may contact the Guarantor or the Applicant to inquire about interest in financing.

 

Conditions of Website Use
By using the Website you are agreeing to (a) the Terms and (b) applicable laws, regulations and generally accepted online business practices. Accordingly, you understand that:

  1. You agree that any information that you provide (about your identity, finances, business performance, corporate ownership structure, etc.) is accurate, correct, and up to date.  You are 18 years of age or older; able to form a binding contract with us; and are acting on your own.
  2. Accessing the information, resources, services, products and tools of this Website by any other means than we provide is strictly prohibited. You specifically agree not to access or tamper or attempt to tamper with the Website, for any purpose, through any automated, unethical or unconventional means, including accessing or collecting personally identifiable information, e-mail addresses or other personal, financial or contact information with respect to Credibility Capital users, borrowers, investors, lenders or employees.
  3. Except as explicitly permitted by the Terms, you agree not (and may not allow others) to sell, copy, modify, correct, enhance, create derivative works from, publish, store or in any way distribute or otherwise exploit, including for any purpose competitive to Credibility Capital or any commercial purpose any information or any other intellectual property from or on the Website (including the Content, any software on the Website and any products or services sold or offered by Credibility Capital, collectively, “Credibility Capital IP”).
  4. Without Credibility Capital’s prior written consent, you agree not to (i) decompile, reverse engineer, convert or otherwise extract or disclose the underlying script, code (whether binary, assembly, source, object, HTML or otherwise) or structure of any Credibility Capital IP or (ii) remove or alter authorship attribution or copyright notices or similar information on the Website or any products or materials embodying or containing any Credibility Capital IP.
  5. You agree not to violate, interfere with, impair or circumvent the ordinary operation, security, privacy or mission of the Website or Credibility Capital’s products, services or data, including overburdening, spamming, engaging in a denial or service attack or similar activities (or attempt to do any of the above).
  6. You agree that you will not transmit to Credibility Capital or make available on or upload any information to the Website that: (i) is commercial or promotional in nature (without the prior written authorization of Credibility Capital); (ii) is unlawful, harmful, deceptive, or otherwise violates the legal rights or privacy of others or capable of giving rise to legal action whether against you or Credibility Capital or any affiliate third party; (iii) infringes any patent, trademark, trade secret, copyright, or other property rights of any party; (iv) impersonates any person or entity (including Credibility Capital or its employees and representatives); or  (v) contains viruses, malware or any program, code or technology designed to disrupt, intercept, impair or destroy the functionality of the Website or its software, data or network.
  7. Credibility Capital reserves the right to edit, restrict or remove any content you provide for any reason at any time. In addition, Credibility Capital does not control any information provided by other users that may be made available on or through the Website. Notwithstanding Credibility Capital’s rights under the Terms, Credibility Capital does not undertake, and shall not be obligated, to monitor the submission of any content to, or the publication of any content on, the Website at any time.  Credibility Capital reserves the right to refuse service, terminate relationships, and/or cancel orders or transactions in its discretion.
  8. By submitting information, feedback or other material to Credibility Capital, if any, including on or through the Website, you: (i) acknowledge that such information is non-confidential, except for any personal financial information; (ii) grant Credibility Capital a perpetual, worldwide, royalty-free, irrevocable, transferable, sublicenseable, fully paid-up right to copy, use, reproduce, modify, adapt, publish, create derivative works from, translate, transmit, display, distribute, market, promote, sell or offer for sale, rent or lease such information or materials or any portions thereof (including any ideas for new products or modifications to existing products) and/or products or services which practice or embody, or are configured for use in practicing, such information or materials or any portion thereof, in any form or medium known or later developed, in furtherance of the terms of the Terms and the actions and transactions contemplated hereby, including the right to bring an action for infringement of these rights; and (iii) agree that you will have no claim against Credibility Capital or any Released Party (as defined below) for any actual or alleged infringement of any proprietary rights, rights of privacy or publicity, moral rights or rights of attribution in connection with our use of any content you provide. 

 

For purposes of the Terms, the “Content” shall include all contents of the Website, including any logos, identifying marks, images, illustrations, designs, icons, photographs, videos, text and other written and multimedia materials, all of Credibility Capital’s loan information (including rate information) and requirements, products, services, advertising materials or collateral, help guidelines, user documentation and customer and technical support documents, and the Website’s likeness, look and feel, format, layout, software, code (whether binary, assembly, source, object, HTML or otherwise), routines, scripts, software, platforms and applications, as well as any data, files, archives, folders or downloads available on the Website.

 

Subject to the terms and conditions of the Terms, we grant you a limited, non-transferable, non-sublicenseable, non-exclusive, revocable license to use the Website and the Content for persons who seek to enter into or have entered into loans, seek to or have become investors / lenders or any person interested in learning more about Credibility Capital, its products and services, until such time as the Terms terminate or expire or your right to use or access the Website is terminated in accordance with the Terms. 

 

Electronic Communication
You acknowledge and agree that certain communications between you and Credibility Capital are electronic. You consent to receive communications from Credibility Capital in an electronic form, including e-mail. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Credibility Capital will use reasonable efforts to honor any request you may have to opt out from receiving e-mails. With respect to these Terms, you waive any rights to require an original signature or delivery or retention of non-electronic records, to the extent such waiver is not prohibited under applicable law. 

Consent to Electronic Transactions and Communications
The disclosures in this section are required by the federal Electronic Signatures in Global and National Commerce Act ("ESIGN"). They are necessary for you, as applicant or recipient of credit ("Applicant, "you" or "your) to apply for credit with Credibility Capital and to maintain a credit account with us (an "Account").

 

Electronic Delivery of Communications: electronically applying for a Credibility Capital loan via the Website application, you consent to receive electronically from us certain disclosures, notices, communications, documents and other information (collectively, the "Communications"). The Communications that you consent to receive electronically from us include, but are not limited to, the following: (i) all legal and regulatory disclosures related to your application for credit from us and any subsequent acceptance or rejection of that application by us; (ii) all disclosures and communications associated with your Account and disclosures or communications about any changes in the terms of your Account; (iii) monthly or other periodic billing or account statements for your Account or such other communications that we may include from time to time; and (iv) privacy policies and notices. In order to access, receive and retain the Communications, you must provide at your own expense an Internet connected device with a valid email account that is compatible with the Credibility Capital website deployed at the time of access. Your device must meet the minimum requirements outlined below. You also confirm that your device will meet these specifications and requirements and will permit you to receive, access and retain the Communications electronically each time and access and use the Credibility Capital website.

 

Paper Delivery of Communications: You have the right to receive a paper copy of the Communications. To receive a paper copy, please send an e-mail message with your name and mailing address to the e-mail address at the bottom of this document or write to Credibility Capital Inc., at the address at the bottom of this document, with your name and mailing address. Be sure to state that you are requesting a copy of the Communications.

 

Withdrawal of Electronic Acceptance of Communications: You can also contact us in any of the ways described in Paragraph 3 of this section to withdraw your consent to receive any future Communications electronically.

 

System Requirements to Access and Retain Communications: To access and retain an electronic copy of the Communications you must have the following equipment and software: A personal computer or other device which is capable of accessing the Internet. An email account with an Internet service provider and email software in order to receive certain electronic Communications sent by email.

 

Assignment: By electronically applying for a Credibility Capital loan via the Website application, you acknowledge that your consent to electronic delivery of all Communications is assignable to any entity that owns, as assignee, all or a portion of any loan you obtain from Credibility Capital.

 

Changes in Your Contact Information: By electronically applying for a Credibility Capital loan via the Website application, you agree to keep us informed of any changes in your email address so that you continue to receive all Communications. You can contact us in any of the ways described above to provide us with your updated email address. You also agree to keep us informed of any changes to your registered business address or telephone number. 

 

Telephone Consumer Protection Act (TCPA) Consent
You expressly consent to receive calls and messages, including auto-dialed and pre-recorded message calls and SMS messages (including text messages) from us, our affiliates, agents and others calling at their request or on their behalf, at any telephone numbers that you have provided or may provide in the future in accordance with the TCPA.  Your acknowledge that your cellular, mobile or other telephone provider will charge you according to the type of plan you carry. 

Privacy Policy
Your privacy is very important to us. We encourage you to read Credibility Capital’s Privacy Policy (located at http://credibilitycapital.com/privacy) (the “Privacy Policy”), which explains how we treat your personal information and protect your privacy when you are using the Website.  By using the Website, you agree that Credibility Capital may use your information as set forth in the Privacy Policy.  Credibility Capital’s Privacy Policy is hereby incorporated in the Terms by reference in its entirety. 

 

DISCLAIMER OF WARRANTIES; Limitation of Liability
The Website is provided to you on an "as is" and "as available" basis. This means that we do not represent or warrant to you that:

  1. The Content or Website will not have errors, omissions, misleading statements or interruptions or that the Content and Website will be free of viruses, malware or other harmful components, scripts, software or code.
  2. Any defects in operation or functionality of the Website or Content will be repaired or corrected.
  3. Credibility Capital expressly disclaims all express, implied and statutory warranties to you or any third party, and any warranties or conditions arising through course of dealing, as to suitability for a particular purpose or use, non-infringement of third party rights, freedom from computer viruses or the accuracy, adequacy, timeliness, completeness or sufficiency of information with respect to the Website or the Content.  
  4. Credibility Capital assumes no responsibility for any damages of any kind, including any special, consequential, indirect or punitive damages, resulting from or arising in connection with the use of the Website or the Content, or the inability to use the foregoing by any party, or in error, loss of data, or in delay of the service, even if any of Credibility Capital or its representatives or affiliates has been notified of the possibility of such damages.
  5. No advice or information, whether oral or written, obtained from Credibility Capital or through the Website or the Content will create any warranty not expressly made in these Terms.
  6. Credibility Capital’s total liability to you, and your sole remedy against Credibility Capital, arising out of or relating to your use of the Website shall not exceed the total amount you paid to Credibility Capital during the term of this agreement.
  7. You agree that you will not bring any claim personally against Credibility Capital, any affiliate or subsidiary of Credibility Capital or any of their respective successors, assigns, shareholders, partners, members, officers, directors, managers, licensors, independent contractors, sub-contractors, consultants, employees (temporary or full-time), agents, representatives or advisors in their individual or representative capacities (collectively, the “Released Parties”) in respect of any losses, expenses or damage you suffer in connection with the Website.  Without prejudice to the above, you agree that all limitations of warranties and liability in the Terms will protect and apply to the Released Parties to the same extent as Credibility Capital.
  8. Nothing in the Terms shall exclude or limit any warranty implied or imposed by law that would be unlawful to exclude or limit, including, to the extent applicable, liability for death or personal injury or fraud.  By using the Website, you agree that the exclusions and limitations of liability set out in the Website disclaimer are reasonable. 

 

No Solicitation or Offering; No Advice
Except as otherwise expressly noted, the Content and the Website do not constitute an offer to buy or sell or a solicitation of an offer to buy or sell investments, loans, securities, partnership interests, commodities or any other financial instruments; the Content and the Website also do not constitute, and may not be used for or in connection with, an offer or solicitation by anyone in any state or jurisdiction in which such an offer or solicitation is not authorized or permitted, or to any person to whom it is unlawful to make such offer or solicitation.

 

Credibility Capital makes no representation or warranty, express or implied, regarding the advisability of investing in securities, funds, partnership interests or other investments or funding or purchasing loans. The past performance of any investment, loan, security, partnership interest or financial instrument is not a guide to future performance.

 

WITHOUT LIMITING ANYTHING IN THE TERMS OF SERVICE, CREDIBILITY CAPITAL MAKES NO WARRANTIES AND BEARS NO LIABILITY WITH RESPECT TO ANY FUND, ANY INVESTMENTS, SECURITIES, PARTNERSHIP INTERESTS, LOANS OR THE PERFORMANCE THEREOF.

 

The Content and the views expressed in the Consent do not necessarily reflect the views of Credibility Capital as a whole, its directors, officers, employees, shareholders or any part or member thereof or of any third party. No Content or information on the Website constitutes, or should be construed as, investment, tax, legal, financial or any other advice.

 

Third-Party Websites and Content
The Website may contain links or connections to third party websites.  Any such link or connection is provided only as a convenience, and should be used at your own risk.  Credibility Capital has no control over any such other websites, the contents thereof or the products, services or policies represented. The existence of any link or other connection does not imply any affiliation, sponsorship, endorsement, approval, investigation, representation, warranty, verification or monitoring by Credibility Capital or create any liability on the part of Credibility Capital in respect of such link or connection.  Please be aware that your use of any such third party websites is governed by the privacy policies of those sites, which we encourage you to review before using such sites.

 

You and we hereby acknowledge and agree that Credibility Capital and the Released Parties shall have no responsibility for any liabilities arising from or related to the contents of any third party website or the use of any such website (including any mobile website) or the privacy policies and customer information practices of any such website.  

 

Termination; Survival of Provisions
Automatic Termination for Non-Compliance:  If you are not in full compliance with all of these Terms, the permissions granted to you under these Terms will automatically terminate, and you agree that in such circumstance you will no longer use or access, or be entitled to use or access, the Website or the Content.

 

Credibility Capital’s Right to Terminate Your Use:  Credibility Capital may terminate your right to use the Website, or block you from future use, at any time in its sole discretion, with or without cause, and without notice to you.  Some circumstances in which Credibility Capital may exercise this right to terminate your right to use the Website include:  (a) you have breached any provision of the Terms; (b) you have engaged in conduct which Credibility Capital or, in its sole discretion, considers to be unacceptable; (c) Credibility Capital or is required by law to do so; or (d) Credibility Capital no longer provides the Website.   The above are only examples of circumstances in which Credibility Capital may terminate your right to use the Website and Credibility Capital may terminate your right to use the Website for any other reason in its sole discretion.  You agree that we shall not be liable to you due to or by reason of our termination of your right to use the Website or the automatic termination of your right to use the Website for non-compliance set forth above.

 

Survival of Provisions:  Your obligations and the disclaimers and provisions relating to (i) our intellectual property, (ii) disclaimer of warranties; limitation of liability, (iii) indemnification, (iv) use and access outside the United States and (v) general will survive any termination or expiration of the Terms for any reason.

 

Credibility Capital’s Remedies
Without prejudice to Credibility Capital’s other rights under the Terms, if you breach the Terms in any way, Credibility Capital may take such action as Credibility Capital deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your Internet service or other telecommunications provider to request that it block your access to the Website and/or bringing court proceedings or taking other legal action against you. You acknowledge and agree that if you violate the Terms, Credibility Capital will be entitled, at any time, to bring an action or proceeding for specific performance, injunctive relief or other equitable relief in addition to any other remedies at law or in equity.

 

Indemnification
You agree to indemnify and hold Credibility Capital and the Released Parties from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys’ fees and expenses and any amount paid in settlement to a third party, made by or resulting from any third party (including any government agency or body) due to, in connection with or arising out of (i) your use of the Website, the Content, any breach or alleged or claimed breach of the Terms or the materials it incorporates by reference, including the Privacy Policy, or your violation of any law, regulation, order or other legal mandate, or the rights of a third party, or (ii) any act or omission by your agent, representative or third-party service provider while applying for a Credibility Capital loan.

 

Your Use and Access Outside of the United States
We make no claims that the Website or the Content are appropriate for or may be downloaded or accessed outside of the United States.  If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the applicable laws of the country or jurisdiction where you may be located.  You may not use or export any content of the Website in violation of U.S. export laws and regulations or any other U.S. or foreign federal, state or local statute, rule or regulation.  The Content is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.  Credibility Capital makes no representations that the Content is appropriate for use in all locations, or that the transactions, products, loans, financial instruments or services indicated or discussed on the Website are available or appropriate for sale or use in all jurisdictions, or countries or by all investors or counterparties. 

 

Fair Practices
You agree not to: (i) make any representations, warranties or guarantees on Credibility Capital’s behalf or with respect to the Website or the Content; (ii) make any false or misleading representations with regard to Credibility Capital, the Website or the Content; or (iii) participate or engage in any illegal, deceptive, misleading, fraudulent, unethical or improper practices on, through, by means of or with respect to the Website or the Content.

 

Assignment
You acknowledge and agree that you may not assign, delegate, sub-contract or otherwise transfer your rights and/or obligations under the Terms.  Credibility Capital may transfer, assign, delegate, sub-contract or otherwise transfer its rights and/or obligations under the Terms without notifying you or obtaining your consent.

 

Choice of Law; Forum for Disputes
The Terms and all disputes, claims or controversies (whether in tort, contract or otherwise) arising out of or relating in any way to the Terms, the Website or the Content, the negotiation, interpretation, validity or performance of the Terms, the rights and obligations of you and us hereunder or any transaction contemplated by the Website shall be governed by and construed in accordance with the laws of the State of New York without regard to the rules or principles of conflict of laws of such State or any other jurisdiction that would permit or require the application of the laws of any other jurisdiction.  We and you each hereby irrevocably and unconditionally consent to submit to the sole and exclusive jurisdiction of the courts of the State of New York and of the United States of America located in the State of New York, City of New York, Borough of Manhattan (the “New York Courts”) for any litigation, lawsuit or proceeding between you and us arising out of or relating in any way to the Terms (including any non-contractual claims), the Website or the Content, the negotiation, interpretation, validity or performance of the Terms, the rights and obligations of you and us hereunder or any transaction between us that arises from the Website.

 

You and we each waive any objection to the laying of venue of any such litigation in the New York Courts and agree not to plead or claim in any New York Court that such litigation brought therein has been brought in an inconvenient forum or that there are indispensable parties to such litigation that are not subject to the jurisdiction of the New York Courts.  You and we each hereby irrevocably waive any and all rights which you or we, respectively, may have, or may have had, to bring such litigation in or before any other court or tribunal (whether domestic or foreign), or before any similar domestic or foreign authority or body, and agree not to claim or plead any such rights.

 

WAIVER OF JURY TRIAL
WE AND YOU EACH HEREBY AGREE TO IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT WE OR YOU, RESPECTIVELY, MAY HAVE TO A JURY TRIAL IN RESPECT OF ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE AND ANY COUNTERCLAIM THEREIN.  EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT SUCH PARTY HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER AND MAKES THIS WAIVER VOLUNTARILY.

 

CLASS ACTION WAIVER
YOU AND WE AGREE THAT THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT, HEARD, OR ARBITRATED AS A CLASS ACTION (INCLUDING WITHOUT LIMITATION OPT OUT CLASS ACTIONS OR OPT IN COLLECTIVE CLASS ACTIONS), OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY ON BEHALF OF A CLASS OF PERSONS OR THE GENERAL PUBLIC.  ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY.

 

Modifications to the Terms and the Website

Credibility Capital reserves the right to make changes to the Terms at any time.  It is your responsibility to review the Terms from time to time to see if modifications have been made. Your continued use of the Website after any modification of the Terms will conclusively indicate that you accept those changes.  Notwithstanding the above, we will seek your consent to future modifications to the extent we are required to do so by applicable law. 

 

General
You acknowledge and agree that all rights not otherwise expressly granted to you by the Terms are reserved to Credibility Capital. Excluding the terms of any loan agreement between you and Credibility Capital, the Terms, together with the Privacy Policy, constitute the sole and entire agreement between you and us with respect to the subject matter hereof and supersedes all other prior or contemporaneous negotiations, discussions, agreements, understandings, representations and warranties, both written and oral, between you and us with respect to such subject matter.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and Credibility Capital as a result of the Terms or any use of the Website. The failure of Credibility Capital to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, void, unlawful or unenforceable, the Parties agree that the court should give effect to the Parties' intentions as reflected in such provision, and the other provisions of the Terms shall remain in full force and effect.  The section titles in the Terms are for convenience only and have no legal or contractual effect. Neither the course of conduct between you and Credibility Capital, nor trade practice, shall act to modify any provision of the Terms.  For purposes of the Terms, the terms “include,” “includes,” “including,” “such as” and “for example,” shall be construed as if each term were followed by the words, “without limitation.”  Except where context requires otherwise, use of the singular form of any noun includes the plural, and use of the plural includes the singular. 

Questions or Comments

If there are any questions regarding our Terms of Service you may contact us using the following information: 

Credibility Capital Inc.
419 Park Avenue South, 8th Floor
New York, NY 10016

inquiries@credibilitycapital.com
Effective Date: November 1, 2016

Last Modified: November 1, 2016
Policy Last Updated: November 1, 2016