Terms and Conditions
4/7/2008
Please read this agreement ("Agreement") carefully before accessing or using this Web site ("Site").
The Small Business Capital, LLC ("SBC") Web site ("smallbcapital.com" or "Site") is available to you contingent upon your acceptance, without modification, of the terms and conditions contained herein. Please read them before using this Site. Your use of the Site constitutes your agreement to all such terms and conditions and is subject to the additional disclaimers and notices that may appear through the Site. If you do not agree to all of the terms and conditions, please a) do not use this site, or b) call us toll-free at (866) 203-7426 to express your concerns.
Small Business Capital, LLC reserves the right, in its sole discretion, to modify, alter or otherwise update the terms of use at any time. Any modification shall become effective immediately upon posting. By using this Site after posting such modifications, you agree to be bound by such revised terms.
DESCRIPTION OF SERVICES
Loan Request Form
You agree that all of the information you will provide via the smallbcapital.com loan request forms will be true, accurate and complete and does not misappropriate another's identity or misrepresent your relationship with any person or entity. You hereby authorize smallbcapital.com to submit your loan request to SBC. By completing an online loan request form on this Site you understand that SBC may retain your loan request and/or application information, regardless of whether or not you qualified for a financial product with us.
Small Business Capital is a commercial mortgage/cash advance broker and SBC brokers loans/cash advances and/or can obtain a copy of your credit report. Small Business Capital does not make credit decisions in connection with loans.
By submitting your contact request for a loan/cash advance product, you are consenting to be contacted by SBC, either by telephone, email or mail based on the information you have provided to us, even if you have previously listed yourself on any private, state or federal Do-Not-Call List. You understand that we may maintain the information you submitted to smallbcapital.com whether you elect to use our services or not. In the event you no longer want to receive communications from us, you agree to notify us directly. You also give SBC permission to send you periodic updates of current loan/cash advance products which may be of interest to you.
If you wish to cease future communications or wish to no longer receive our services, you can opt-out by any of the following means:
- Send an email to: smallbcapital@yahoo.com
- Send mail to: Small Business Capital, LLC, Attn: Opt-Out, 501 Burgundy Square, Suite 201, East Lansing, MI 48823
Our Role
Small Business Capital, LLC does not charge you a fee to use any of our services, including submitting applications online via our Web site, smallbcapital.com. SBC assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that you take based on the information, services or other material on this Site. While SBC makes every effort to ensure that all of the content on smallbcapital.com is complete, up-to-date, readily available and clearly explained, SBC cannot guarantee that the Site will always be up or that its content will always be accurate. SBC will not be responsible for any loss or damage related to the accuracy, correctness or completeness of the information.
You agree that there is no guarantee that your loan/cash advance request will be able to be funded and that SBC will only make its best efforts to supply the loan/cash advance request to our lenders for their approval. You agree ultimately all pre-approval loan/cash advance decisions and final loan and credit decisions are solely made by independent lenders that we submit our loans/cash advances to. You further agree that SBC does not guarantee or promise that you will be offered a loan/cash advance by any of our participating lenders/brokers/developers. You acknowledge that nothing stated in these "Terms of Use" or on the smallbcapital.com Web site shall constitute an offer or promise for a loan/cash advance commitment or an interest rate lock agreement by SBC to you.
Small Business Capital, LLC does not guarantee that any specific loan/cash advance terms and conditions offered to you by us via one of our lenders/brokers/developers will be granted to you. SBC is not responsible for any errors or delays caused by you or the participating lender(s) in the loan/cash advance process. SBC reserves the right to at any time, at its sole discretion, to discontinue, suspend or terminate the participation of a borrower/broker/developer on smallbcapital.com.
2. DISLAIMER OF WARRANTIES:
THIS WEB SITE, ALL INFORMATION ON THIS WEB SITE AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THIS WEB SITE ARE PROVIDED "AS IS". SBC AND/OR ITS PARTICIPATING BROKERS/DEVLOPERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY SERVICES AND PRODUCTS OFFERED HEREIN, INCLUDING WITHOUT LIMITATION TO THE IMPLIED WARRANTIES OF MERCHANTABLILTIY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. SBC DOES NOT WARRANT THAT THE INFORMATION ON THIS SMALLBCAPITAL.COM SITE WILL BE ERROR FREE OR THAT THIS SITE WILL OPERATE UNINTERRRUPTED. IF THE FOREGOING IMPLIED WARRANTIES ARE LIMITED IN YOUR JURISDICTION, THOSE EXCLUSIONS MAY NOT APPLY TO YOU, HOWEVER ALL OTHER DISCLAIMERS AND LIMITATIONS NOTED ABOVE, SHALL CONTINUE TO REMAIN APPLICABLE.
3. LIMITATION OF LIABLITY:
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. SBC AND/OR ITS PARTICIPATING BROKERS/DEVELOPERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, WHETHER RESULTING IN WHOLE OR IN PART, EVEN IF SBC HAS BEEN ADVISED OF THE POSSIBLITY OF DAMAGES. Some jurisdictions do not allow the disclaimer, exclusion or limitation of incidental or consequential damages, so the foregoing disclaimer, exclusion and limitation may not apply to you, and you may have other legal rights that vary according to jurisdiction. In no event will damages provided by law (if any) apply unless they are required to apply by statute, notwithstanding their exclusion by contract.
4. INDEMNIFICATION:
You agree to indemnify and hold Small Business Capital, LLC, its subsidiaries, affiliates, agents, shareholders, officers, contractors, vendors and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, the violation of the Agreement by you, or the infringement by you, or any other user of the Service using your computer, of any intellectual property or other right of any person or entity. SBC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
5. WEB SITE ACCURACY:
It is the intent of SBC to ensure that all of the information contained on this Site is accurate and reliable. However, SBC does not guarantee the smallbcaptial.com Web site to be error free all of the time. Due to market fluctuations, interest rates are subject to change at any time and without notice. SBC reserves the right to change or discontinue at any time any aspect or feature of this Site. By your use of this Site, you agree to hold SBC and its participating brokers/developers harmless due to any and all errors on the Site.
6. THIRD PARTY LINKS:
This Smallbcapital.com Site contains links to other Web sites owned and maintained by third parties. Such links are provided for your convenience only. SBC does not own, operate or endorse the services or products offered available on these third party Web sites. Your use of such third party Web sites is solely at your own risk.
7. COPYRIGHT, TRADEMARK AND SERVICEMARK NOTICES:
This Site is owned and operated by Small Business Capital, LLC. Unless otherwise specified, all materials appearing on this Site, including design, text, graphics, logs, images, icons, interfaces and selection, assembly and arrangement thereof are the sole property of SBC and/or its suppliers, participating brokers and developers. All rights reserved. Other product and company names noted herein, including but not limited to the names of participating brokers and developers may be trademarks of their respective owners. Permission is granted to electronically copy and to print hard copy portions of this Site for the sole purpose of placing an inquiry or request with SBC for products or services on this Site. Any other use of materials on this Site, including but not limited to, reproduction for purposes other than those noted above, modifications, transmission, display, distribution, replication, creating derivative works from, and framing another Web page is strictly prohibited without the prior written permission of SBC.
8. DISPUTE RESOLUTION AND VENUE:
By the use of this Smallbcapital.com Site you consent and agree to waive any rights you may have to trial by jury concerning any controversy, dispute, or cause of action ("Claims") arising out of or in connection with the provisions of this Agreement. Any such Claims which cannot be settled between us by mutual agreement shall be finally settled by arbitration in East Lansing, Michigan, in accordance with the rules of the American Arbitration Association. The arbitrator may enter a default decision against either of us if we fail to participate in the arbitration proceedings. The decision of the arbitrator on the points in dispute will be final, unappealable and binding, and judgment on the award may be entered in any court having jurisdiction thereof.
The arbitrators shall not have the power to award damages in connection with any dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND SBC WILL BE RESOLVED BY BINDING ARBITRATION. BY ACCEPTANCE OF THESE TERMS, YOU ARE FOREGOING YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING A CLASS ACTION LAWSUIT.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and SBC, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts located in Ingham County, Michigan. If either party employs attorneys to enforce any right in connection with any dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees.
9. APPLICABLE LAW:
This Site (excluding linked sites) is controlled by SBC which is headquartered in the State of Michigan, United States of America. This Site can be accessed from all 50 states and the District of Columbia, as well as other countries around the world. As each of these places has laws that may differ from those of Michigan, by accessing this Site, both you and SBC agree that the statutes and laws of the State of Michigan, without regard to conflicts of laws and principles thereof, will apply to all matters arising from or relating to the use of this Site. You agree that regardless of any statute to the contrary, any claim or cause of action arising out of or related to use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
10. ENTIRE AGREEMENT:
This Agreement constitutes the entire agreement between you and SBC and supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and SBC with respect to this Site and any information associated with it. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers, liability limitations and the indemnification provision set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of this Agreement shall continue in effect.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY SMALL BUSINESS CAPITAL, LLC.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.