Terms of service for borrower
Welcome to CapitalCompete. CapitalCompete, (“CapitalCompete,” "CC," “we,” “our” or “us”) operates the website www.capitalcompete.com and any subdomain thereof (“Site” and, together with our products and services, the “Services”). By access the Site or Services, you agree to be bound by the terms of use, as described herein and as they may be amended from time to time (“Terms of Use”).
Overview
Terms of Use are the legal agreement between you and us that governs the users of the Site and Services. We strive to offer products, services, and a customer experience that help real-estate investors optimally finance, acquire, and service their real-estate portfolio and that match lenders to real estate investors through a modern mortgage brokering platform. We strive to communicate terms of service that are understandable, reasonable, conspicuously displayed and easily accessed.
Your Acceptance of the Terms of Use
By accessing the Site or using the Services, you signify you have read, understand, and agree to be bound by the Terms of Service. The term “you” includes you, any of your agents, and any principal on whose behalf you are acting when accessing the Site. If you are accessing the Site or using the Services on behalf of a corporation, limited liability company, partnership, trust, or other person or entity, you represent that you have the authority to agree to our Terms of Service on behalf of the entity or person, and that your use of the Site or Services shall constitute the person ’sorentity’s agreement. For brevity, when discussing the terms of use,“user”means any individual, including you, as well as any business entity that accesses the Site or uses the Services on their own or through an agent.
Commercial Financing Fee Agreement
This agreement made between (the “Borrower") and CapitalCompete DBA of ‘NCP Inc.’ (“the Broker”) with offices at 600 Stewart St. Ste 400 Seattle WA. 98101 authorizes and engages the Broker to obtain a commercial use mortgage loan for the property being submitted (the “Property”) in accordance with the terms and conditions agreed to in this Agreement (the “Agreement”).
This Agreement serves to set forth the understanding in connection with the proposed financing for the Property.
Success Fee. The Borrower agrees to pay the Broker a success fee equal to 1/2% point of any total loan secured by the property which the Broker was the procuring cause of the financing for a period of 360 days from the execution of this Agreement. The success fee does not include any point(s) to be paid to the lending institution, closing costs, or any point(s) or fees paid to other mortgage consultants for their services. The success fee is fully earned by the Broker when any of the following occurs. Financing has been pre-approved in writing with a letter of intent, conditional loan approval etc. by a lender with terms and conditions acknowledged in writing to be acceptable to the Borrower. If the lender is prepared to fund/close escrow and the Borrower does not appear at the scheduled closing, refuses to schedule a closing, or for any reason backs out of the financing prior after loans docs are at escrow then the success fee is deemed to be fully earned and payable upon demand so long as the failure to appear and close is solely the result of the Borrower’s acts or omissions. This fee will be collected at the loan closing.
II. Lender Fees. The Borrower understands that a lender may require a cash deposit prior to issuance and acceptance of a loan commitment. Any such deposits will be collected and retained by the lender, subject to the lender’s policies and procedures.
III. Financing is Not Guaranteed. The Borrower understands and agrees that this Agreement is not a guarantee and that the proposed financing may not be successfully completed. If acceptable financing cannot be obtained, the Broker’s obligation shall be limited to advising the Borrower that the Broker is unable to procure the proposed financing.
IV. Information for Borrower. The Borrower agrees to provide any requested information and to execute and deliver the appropriate completed forms that may be customarily required to secure financing on the Property.
V. Term of this Agreement. The term of this Agreement is 360 days and shall remain in full force and effect from the date of its execution until its expiration. This Agreement may be modified or canceled upon written notice.
VI. Non-Circumvention. Should the Client(s), within two years of this contract date, obtain loan approval from Lender(s) that had previously been contacted by Broker on the Client’s behalf, then Broker shall be deemed to have earned a commission of not less than half percent 1/2% point of any total project financing under this non-circumvention clause.
VII. Mediation/Arbitration of Disputes. Client(s) and Broker hereby agree to submit any dispute or controversy, at law or in equity, first to mediation then arbitration under the Rules of the American Arbitration Association. Said dispute shall be heard in King County, State of Washington, USA. The prevailing party shall be entitled to legal costs, arbitration costs, and arbitrator’s fees.
This agreement constitutes an entire understanding and cannot be modified unless agreed to in writing and signed by all parties. This agreement is binding on the parties aforementioned, their heirs and assigns, and all others succeeding in the interest to any party either directly or indirectly. By signing below, I acknowledge that I have received a fully executed copy of this Agreement. It has been explained to me and I understand it. I voluntarily enter into this Agreement and agree to the Broker Fees above.
Changes to Terms of Use
We reserve the right, at our sole discretion, to change, modify or add to the Terms of Service from time to time. If you are a registered user of the Site, we will notify you, at the email address used to access the Site, of changes to the Terms of Service. Our communication will notify you of the effective date of changes to the Terms of Service. Ordinarily, changes will become effective no earlier than 10 calendar days after they are posted. However, we will make changes effective sooner or immediately, if in our sole discretion we determine doing so is reasonable and beneficial or necessary.
Other Agreements between You and Us
To you use other services, such as applying for mortgage financing, you will agree to additional terms applicable to those services. These additional terms include, but are not limited to, the Privacy Policy and Electronic Signature and Document Delivery Consent . All such terms are hereby incorporated into the Terms of Use.
Eligibility
The Site and Services are intended solely for users who, if they are a natural person, are eighteen years of age or older. Accessing the Site and using the Services by anyone younger who is not a legal adult is unauthorized and constitutes a violation of the Terms of Use. If we find you are not eligible to use the Site and Services, or you violate the Terms of Use, we may terminate your user account, revoke your access to and use of the Site and Services, and notify users who are impacted by us terminating you.
User Account
We may require you to create a user account to access and use certain features of the Site and to participate as a client in the Services. You agree to provide accurate, complete and current information; protect the confidentiality of your user identity and password (including by exiting your account at the end of each session); and update your information to keep it accurate, current and complete. You further agree to be fully responsible for all use of your account and for any actions that take place using your account. If you believe your user account is compromised or you discover a breach of security, you agree to immediately notify us. You agree not to hold CapitalCompete, our employees, agents, or affiliates liable for any loss or damage arising from your failure to comply with this section.
Service Content
“Service Content” refers to all content on the Site and of the Services, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound, other files, and their selection and arrangement. Service Content is the proprietary property with all rights reserved. No one is allowed to modify, copy, distribute, frame, re-publish, reproduce, download, display, post, transmit, or sell Service Content, in whole or in part and in any form or by any means, without our prior written permission.
Not limiting the foregoing, if you are eligible for use of the Site and Services, and you are subject to the Terms of Use, we grant you a limited license to access and use the Site and Services and to download or print a copy of any portion of the Service Content solely for your use and not for distribution, provided you keep all copyright or other proprietary notices intact. Except for your own User Content, which we define below, you are not authorized to republish Service Content on any Internet, Intranet or Extranet site or incorporate the information into any other database, compilation or publication; any other use of the Service Content is strictly prohibited.
In connection with your use of the Service, you are prohibited from using data mining, robots, spiders, scraping, or similar data collection or extraction methods. If we discover you engage in these prohibited methods, we may block you from accessing the Site and Services. You agree not to circumvent us blocking you by masking your IP address, using a proxy IP address, or using other techniques.
All of the technology and software underlying the Service or distributed in connection therewith are the property of CC, our affiliates and our partners (“Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code. You also agree not to sell, assign, sublicense, or otherwise transfer any right in the Software. Any and all rights not expressly granted herein are reserved by us.
Any use of the Site, Services or Service content without our prior written permission, which is not specifically authorized herein, is strictly prohibited and will automatically terminate the license granted herein. Such unauthorized use may violate applicable laws, such as but not limited to copyright, trademark and communications statutes and regulations. Unless explicitly stated herein, nothing in the Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. We may revoke this license any any time without notice and with or without cause.
User Representations
You represent, warrant and agree that no materials of any kind that are submitted through your user account, posted to the Site, or shared through the Services will violate or infringe upon the rights of any third party (including, without limitation, copyright, trademark, privacy, publicity or other personal or proprietary rights) or will contain libelous, defamatory or otherwise unlawful material. You further agree you may not use access and use the Site and Services in any unlawful manner or in any other way that could damage, disable, impair, or jeopardize the Site and Services, including the security of other User Content and user accounts.
You agree to never: 1) Upload, post, transmit, share, store or make available any content that we deem harmful, threatening, unlawful, defamatory, abusive, harassing, obscene, dishonest, hateful, racially, ethnically or otherwise offensive, or invasive of privacy or publicity rights, or that we determine in our sole judgment may restrict or inhibit any other person from using or enjoying the Site or services. 2) Interfere with or disrupt the Site, Services, or Software, or disobey any requirements, policies or regulations of networks connected to the Site and Services. 3) Create more than one user account and register for an account on behalf of another user without authorization to do so. 4) Impersonate any person or entity, falsely state or misrepresent yourself, or misrepresent your age, affiliation with another person or entity, or other information collected through the Services and relied on by us. 5) Upload, post, transmit, share, store or make available any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, or any other form of solicitation. 6) Upload, post, transmit, share, store or make available any private information of any third party, including, without limitation, addresses, telephone numbers, email addresses, social security numbers, credit card numbers, or other personally identifying information. 7) Access personally identifying information of other users without prior written authorization by that user. 8) Solicit personal information from anyone for commercial or unlawful purposes. 9) Upload, post, transmit, share, store or make available any materials containing software viruses or any other malicious computer code, files, or programs designed to interrupt, destroy, limit, or take control of the functionality of any computer software, hardware, or telecommunications equipment. 10) Upload, post, transmit, share, store or make available any content that may constitute, encourage or provide instructions for a criminal offense; violate the rights of any party; other otherwise violate any local, state, national or international law or any treaty or regulations having the force of law. 11) Further, promote, facilitate or assist any criminal activity or enterprise or provide instructional information about illegal activities. 12) Use or attempt to use another user account, service or system without our written authorization, or create a false identity on the Site. 13) Use an account opened in the name of a business, entity, or person for the benefit of a different business, entity, or person. 14) Attempt to obtain or access any materials or information through any means not intentionally made available or provided for through the Site and Services. 15) Represent you are affiliated with CC in any way without our prior written consent. 16) Use an account or the Site or Services for any unlawful purpose. 17) Intimidate or harass other users.
We work to create an online ecosystem that helps real estate entrepreneurs, lenders, investors, and their partners and communities grow and thrive. If any reasonable person would conclude your behavior hurts us, our intentions, or the CC community, we ask you to consult us before engaging in potentially questionable or unacceptable behavior through the Site and Services.
User Content
You are responsible for the user information, loan application data, messages, photos, notes, text, information, contact details for you or others, and any other content that you upload, publish, provide, or display on the Site or through the Services, or you share with other users (collectively, “User Content”). We may review and remove any User Content in our sole discretion and without notice. If we determine User Content violates theTerms of Use,we may immediately suspend or revoke your access to the Site and Services.
By posting User Content, you grant, as well as represent and warrant you have the right to grant, to CC an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (including the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and distribute such User Content for any purpose, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.
You acknowledge and agree that we may preserve and may also disclose content if required by law to do so or in the good faith believe that such preservation or disclosure is reasonably necessary to comply with laws, regulations, or governmental requests; enforce the Terms of Service; respond to third-party legal claims; or protect the rights, property, or personal safety of CC, our users, or the public. You understand that processing and transmission of User Content may involve various networks and changes to confirm to technical requirements of connecting networks or devices.
Copyright Complaints
We encourage you to contact us, if you believe any material on the Site infringes upon a copyright you own or control. You may send a written notification to our Designated Agent, as set forth below: 600 Stewart St, Ste #400 Seattle Wa, 98101 Phone: 206-508-5522, loans@capitalcompete.com
If you contact us, to meet the notice restrictions under the Digital Millennium Copyright Act (“DCMA”), your written communication must include: 1) Identification of the copyrighted work allegedly being infringed or, if multiple works are covered, a representative list of such works at the Site; 2) Identification of the Service Content that is claimed to be infringing and should be removed or disabled from the Site or Services; 3) A physical or electronic signature of a person authorized to act on behalf of the owner of each copyright allegedly being infringed. 4) Enough information for us to contact the complaining party, including a mailing address, telephone number, and email address; 5) A statement from the complaining party presenting its good-faith believe use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and 6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of an owner of an exclusive right that is allegedly infringed.
Repeat Infringer Policy
Consistent with DCMA and other applicable law, we have a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed repeat infringers. We also at our sole discretion limit access to the Site and Services and terminate users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Links to Third Party Content, Services and Internet Sites
Our Services may contain links to other websites, merchandise, and services provided, operated, and owned by third parties (“Third Party Services”). These links to expressly communicate or otherwise imply our endorsement or approval of Third Party Services or any related material, in whole or in part. We do not control Third Party Services and are not responsible for the availability, content, products, services, advertising, or other materials available from Third Party Services. We encourage you to review the privacy policies and terms of Third Party Services, before sharing information and otherwise interacting with Third Party Services, as their privacy policies may provide less security than our Site and Services. All matters concerning Third Party Services are solely between you and the third party. We make no representations or warranties whatsoever with regard to any Third Party Service, and we are not responsible or liable to you for any damages, losses, or injuries of any kind arising out of your use of any Third Party Service.
Consent to Electronic Transactions and Disclosures
We operate mainly on the Internet. As such, you must consent to conduct business with us and receive disclosures electronically. You agree to receive electronically all documents, communications, notices, contracts, and agreements, including any IRS Form 1099, related to your registration as a user, any loan or financing offers you may request or receive from third parties through the Site, and any loans you may receive from us. This consent is formally established when you create a user account by you agreeing to our Electronic Signature and Document Delivery.
Special Notice for International Use
As the term is earlier defined, Software made available in connection with the Site and Services and transmission of applicable data, if any, is subject to United States export controls. You may not download software from the Site or Services or otherwise export or re-export software in violation of U.S. export laws. Downloading or using the Software is done at your sole risk. You agree to comply with all local rules and laws regarding your access to and use of the Site and Services, including as it concerns online behavior and acceptable content.
Cellular Phone Contact Policy
By sharing a telephone number for a mobile device, you are expressly consenting to receive communications from us, our affiliates or agents at that number about any product or service we or they offer. This consent covers a telephone number that you later convert to a mobile device number. Communications include, but are not limited to, prerecorded voice message calls, text messages, and calls made by an automatic telephone dialing system. Your express consent applies to each telephone number that you provide to us now or in the future. Calls and messages may incur fees from your mobile services provider. You may decline to provide or revoke your sent at any time by emailing loans@capitalcompete.com or by any other reasonable communication method.
Promotions and Referral Programs
We may offer promotions, incentives, or other opportunities on our Site (collectively, “Promotions”). Offering Promotions from time to time is solely at our discretion. Furthermore, for any Promotion we offer, we may set, change, or cancel incentive types, amounts, terms, restrictions, eligibility criteria, and qualification requirements at our sole discretion. We reserve the right to cancel any active Promotion at any time. We always reserve the right to withhold promotional benefits, if we determine or believe redemption or receipt of the benefit would be in error, fraudulent, illegal, or in violation of promotion terms or this Terms of Use.
Promotions and Referral Programs
We may offer you incentives to refer third parties to us (“Referral Program”). To participate in a Referral Program and receive its incentives, we may require the submission of your name, email address, telephone number, mailing address for correspondence, and professional license information when applicable. Any such information is governed by our Privacy Policy. If we offer a Referral Program, we will communicate additional terms to be eligible for participation and qualify for incentives. We always reserve the right to withhold Referral Program incentives, if we determine or believe receipt of the incentive would be in error, fraudulent, illegal, or in violation of promotion terms or this Terms of Use.
Commercial Use
Unless expressly authorized herein, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes, any portion of the Site or Services, use of the Site or Services, or access to the Site or Services.
Disputes between Users
You are solely responsible for your interactions with other users. We reserve the right to monitor disputes between you and other Users, but are not obligated to do so. If we believe a dispute between users creates a risk to the Site or Services, and the dispute cannot be efficiently and permanently resolved, we reserve the right to restrict those users’ access to the Site and Services or remove those users’ access altogether.
Disclaimers
YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON ON AN “AS IS” AND “AS AVAILABLE” BASIS. CAPITALCOMPETE. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
We do not guarantee the accuracy of any Service Content, User Content, or Third Party Services. We do not control and are not responsible for what Users post on the Site or in the Services. As such, we are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or Services or with User Content or Third Party Services. We are not responsible for the offline or online conduct of any user of the Site.
We cannot guarantee and do not promise any specific results from use of the Site and Services to obtain a mortgage loan or other real estate financing. These results are a function of activities, events, decisions, and circumstances outside our control, and we cannot promise any financing decision or outcome. When you apply for financing, review offers from lenders, and use us to obtain a mortgage loan or other real estate financing, additional terms and conditions will apply.
The Site and Services may be temporarily unavailable from time to time for planned maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, or unauthorized access to, or alteration of, User communications. We are not responsible for any problems with or malfunctions of any telecommunications infrastructure, computer equipment, or software. This includes injury or damage to users or anyone else related to or resulting from accessing and using the Site and Services. Under no circumstances will we be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Site or Services, any User Content, or Third Party Services, whether online or offline.
We reserve the right to change any and all content contained in the Site and Services at any time and without notice, including, without limitation, discontinuing any portion of the Site or Services. Reference to any products, services, processes or other information, whether by trade name, trademark, manufacturer, supplier, or otherwise, does not constitute or imply our endorsement, sponsorship, recommendation thereof, or affiliation therewith.
Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL CAPITALCOMPETE, OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICES OR ANY OF THE SERVICE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SITE, EVEN IF WE ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CAPITALCOMPETE FOR THE SERVICES WHILE YOU ARE A USER. IN NO CASE WILL OUR LIABILITY TO YOU EXCEED $1,000.
CERTAIN FEDERAL AND STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PARTICULAR DAMAGES OR LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Governing Law, Venue and Jurisdiction
By visiting or using the Service or Services, you agree that the laws of the State of Washington, without regard to any principles of conflict of laws, will govern the Terms of Use. You and we agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within State of Washington.
Arbitration, Waiver of Jury Trial and Class Action Rights
At our or your election, all disputes, claims, or controversies (“Claims”) shall be resoled by final and binding arbitration to be conducted before the American Arbitration Association (“AAA”) or its successor. This includes, but is not limited to, Claims arising out of any aspect of the relationship between you and us; Claims that arose before this or any prior agreement; Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and Claims that may arise after termination of the Terms of Use.
Unless otherwise agreed by the parties, arbitration will be held in State of Washington before a single arbitrator mutually agreed upon by the parties. If the parties cannot mutually agree, a single arbitrator will be appointed by AAA. Unless otherwise agreed by the parties, arbitration will be conducted in accordance with the current rules and regulations promulgated by AAA unless specifically modified in the Terms of Use. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either parties. The arbitrator’s reasoned decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of an arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms of Use and may not multiply actual damages or award punitive damages or other damages that are specifically excluded under the Terms of Use, and each party hereby irrevocably waives any claim to such damages. The arbitrator, in her or his discretion, assess cost and expenses, including the reasonable legal fees and expenses of the prevailing party, against any party to a proceeding. Any party refusing to comply with an order of the arbitrator will be liable for costs and expenses, including attorney’s fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction. The arbitrator may award declaratory or injunctive relief on in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS EMEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless you and we agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
You agree that, by entering into these Terms of Use, and and we are each waiving the right to a trial by jury or to participate in a class action. The Terms of Use evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration provision shall survive termination of the Terms of Use.
Notwithstanding language in the Introduction section, if we change this Arbitration, Waiver of Jury Trial and Class Action Rights section after the original date you accepted the Terms Use, you may reject such change by sending us written notice within 30 days of the date such change becomes effective, as indicated in the “Date of Last Revision” date or in our email to you notifying you of such change. By rejecting any change, you are affirming your agreement to use arbitration to resolve any dispute between you and us, in accordance with the provisions of this section as of the original date you accepted the Terms of Use.
Indemnity
You agree to release, indemnify and hold CapitalCompete, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of it on connection with your User Content, any Third Party Services, or any related content you post or share on or through the Site, your use of the Services, your conduct in connection with the Services or with other users of the Services, or any violation of the Terms of Use or of any law or the rights of any third party.
Other
The Terms of Use constitute the entire agreement between you and us, govern your use of the Site and Services, and supersede any prior agreements between you and us with respect to the Site and Services. You also may be subject to additional terms and conditions that apply when you apply for financing through us or when you use affiliate or third-party services, third-party content, or third-party software. Our failure to exercise or enforce any right in the Terms of Use shall not constitute a waiver of such right or provision in that or any other instance.
If any provision of the Terms of Use is held invalid, the remainder of the Terms of Use shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for unenforceable, that provision shall be deemed severable from Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings, based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in paper form.
You may not assign the Terms of Use without our prior written consent. We may assign or transfer the Terms of Use, in whole or in part, without restriction. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. Notices to you may be made by email or regular mail. The Site and Services may provide notices to you of changes to the Terms of Use and other matters by displaying notices or links to notices generally on the Site.
Questions
Please contact us at info@capitalcompete.com Last Updated: June 28, 2019
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