Terms of Use Agreement

You may view and use the Sites and/or any of the information or Services only in accordance with these Terms of Use. You agree to use the Sites and/or Services only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability as determined by applicable law. The Sites are for individual business owners and legal entities organized and authorized to do business in the United States, and are not intended for use by others or for use outside of the United States.

By creating or accessing a user account, submitting a request for commercial financing, and/or otherwise using the Sites, you represent and warrant that: (i) you are 18 years old or older and are fully able to enter into a binding agreement; (ii) all information and/or documentation you submit is true, accurate, current, and complete; (iii) you will update such information, as necessary, to keep it true, accurate, current, and complete; and (iv) the information belongs to you and does not infringe or violate any patents, copyrights, trademarks or other intellectual property, proprietary or privacy rights of any third party.

Advanced Capital reserves the right, at its sole discretion, to restrict in whole or in part, your access to, and use of, the Sites, Services, and Site content at any time, with or without notice, and for any or no reason.

You agree that you will not violate any law, contract, intellectual property, or other third party right, and that you are solely responsible for your conduct, while accessing or using the Sites or using the Services. Additionally, you specifically agree that you will not:

• Provide false or misleading information to Advanced Capital, impersonate any person or entity, or misrepresent your affiliation with a person or entity;
• Use the Site in any manner that violates any federal, state, international, or local law or regulation;
• Use the Site in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Site;
• Reverse engineer any aspect of the Site, or do anything that might discover source code or bypass security measures;
• Post or otherwise transmit any content that contains viruses, spyware, or any other type of malicious programs;
• Use or attempt to use another user's account without authorization;
• Post or otherwise transmit inaccurate, misleading, deceptive, offensive, hateful, defamatory, or otherwise inappropriate content;
• Post or otherwise transmit any unsolicited advertising or promotional materials; and
• Post or otherwise transmit any content that infringes on the intellectual property rights or other personal rights of any third parties.

Each user is responsible for any misuse of his or her account, even if the inappropriate activity was committed by someone other than the account holder. Therefore, each user must take all reasonable steps to protect his or her account from unauthorized access. Each user must always ensure the security of his or her password, including without limitation, by not sharing it with others for any reason, creating passwords that are hard to guess, and updating passwords on a regular basis.

Advanced Capital reserves the right to terminate your access to the Sites or cancel your username and password at any time, without notice, and for any reason including, without limitation, your violation of these Terms of Use.

Except for User Content (as defined below), any and all information, materials, images, software, photographs, articles, functions, text, and other content solely provided by or on behalf of Advanced Capital on any Site (collectively, "Site Content") is the sole and exclusive property of Advanced Capital or our licensors, as applicable. The Sites, Site Content, and the selection and arrangement thereof, are protected by copyright, trademark, service mark, trade name, and other intellectual property and other proprietary rights.

Advanced Capital reserves all rights not expressly granted in and to the Sites, Services, and the Site Content. Unless otherwise noted, the Advanced Capital trademark, the Advanced Capital name, and all other Advanced Capital service marks, trade names, logos or other designations of source displayed on the Sites are the property of Advanced Capital, and may not be copied, imitated, or used, in whole or in part, without Advanced Capital's prior written permission.

Unless otherwise expressly stated herein, no part of the Site, including any Site Content, may be reproduced, modified, electronically transmitted, or otherwise copied or exploited for any purpose whatsoever without the express written permission of the intellectual property owner.

All information or other content conveyed or communicated by you to Advanced Capital as a contribution to any of the Sites (each, a "Submission") shall comply with these Terms of Use and, upon receipt, will become property of Advanced Capital. Advanced Capital will not be required to treat any Submission as confidential and will not incur any liability as a result of any similarities that may appear in our future products, services, or operations.

Advanced Capital has the right to accept, post, refuse, remove, or delete any User Content for any or no reason. That said, if there is something on the Sites that you'd like to bring to our attention because you think it violates the Terms of Use, please email support@capadvance360.com.

By submitting or posting User Content, you grant Advanced Capital a non-exclusive, irrevocable, perpetual, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, display, modify, prepare derivative works based upon, and otherwise exploit the User Content to the maximum extent permitted by applicable law.

Advanced Capital may link to other websites that we believe may be useful to you, provide information about third-party products, services, or events, or allow third parties to make their content and information available on or through our Sites (collectively "Third-Party Content"). Advanced Capital does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content. Your access to and use of such Third-Party Content is at your own risk.

If you are a copyright owner or an agent thereof and believe anything on our Sites infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act ("DMCA") by providing notice to Advanced Capital through our designated agent:

Advanced Capital
ATTN: Director of Marketing & Communications
151 High Ave
Nyack, NY 10960
support@capadvance360.com

Your DMCA notice should comply with 17 U.S.C. § 512(c)(3) and include substantially the required information including a physical or electronic signature, identification of the copyrighted work claimed to have been infringed, and information sufficient to permit the service provider to contact the complaining party.

By your use of the Sites, such as, without limitation, through a submission of a request for commercial financing, you expressly consent to receiving servicing, collection, marketing, and other calls and messages, including auto-dialed and pre-recorded message calls, and SMS messages (including text messages) from us, our affiliates, our marketing partners, our trusted third-party providers, referral providers, and marketplace participants, at any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers).

You understand that you are not required to provide consent to telemarketing calls as a condition of receiving any financing or services from Advanced Capital. If you do not agree to be called for marketing or promotional purposes, please call (845) 393-1059 or email support@capadvance360.com.

You also consent to the recording and monitoring, for quality assurance, training, risk management, collection, or other purposes, of any call that you place with us or that we place to you.

THE SITES (INCLUDING SITE CONTENT, USER CONTENT, SERVICES, AND WEBSITES LINKED TO THE SITE) ARE MADE AVAILABLE "AS IS," "AT YOUR OWN RISK," AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT OR ENJOYMENT. WE MAKE NO GUARANTEE THAT THE SITES ARE UP-TO-DATE, ACCURATE, OR COMPLETE, AND YOU SHOULD NOT RELY ON THEM FOR ANY DECISION OR TO TAKE ANY ACTION.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ADVANCED CAPITAL (INCLUDING ITS SUBSIDIARIES AND AFFILIATES) SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES WHATSOEVER (INCLUDING ANY DIRECT, SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, COSTS OR ATTORNEY'S FEES) ARISING OUT OF, OR RELATING TO, THESE TERMS OF USE, ACCESS TO, USE OF OR THE OPERATION OF ANY SITE, ANY OF THE SITE CONTENT OR USER CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Advanced Capital (including any of its subsidiaries, affiliates, licensors and their respective officers, directors, employees, agents and representatives) from and against all claims, actions, liabilities, losses, demands, damages, expenses, and costs (including attorney's fees) arising out of or relating to: (i) your access to or use of the Sites or Services; (ii) your violation, misappropriation, or infringement of any rights of another; and (iii) your breach of any of these Terms of Use.

a. ARBITRATION. If any dispute, claim, or controversy arises between you and Advanced Capital arising out of the access or use of the Sites or these Terms of Use, either party may elect to submit the dispute to binding arbitration before the American Arbitration Association (the "AAA"). If arbitration is selected by any party, no party shall have the right to litigate any disputes in court, have a jury trial, or initiate or participate in a class action.

All Disputes submitted to the AAA will be resolved through confidential, binding arbitration before a single arbitrator. Any in-person hearings shall be conducted in Arlington, Commonwealth of Virginia. The arbitrator shall apply the substantive laws of the Commonwealth of Virginia, without regard to any applicable principals of conflicts of law.

b. JURY TRIAL WAIVER. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND ADVANCED CAPITAL EACH HEREBY WAIVE TRIAL BY JURY IN ANY COURT IN ANY SUIT, ACTION, OR PROCEEDING ON ANY MATTER ARISING OUT OF AND/OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SITES OR THESE TERMS OF USE.

c. CLASS ACTION WAIVER. YOU AND ADVANCED CAPITAL EACH HEREBY AGREE THAT THE RESOLUTION OF ANY DISPUTES BETWEEN THE PARTIES SHALL BE CONDUCTED IN THEIR INDIVIDUAL CAPACITIES ONLY, AND EACH PARTY EXPRESSLY WAIVES ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW.

By accessing or using the Sites, you agree that any claim, dispute, or controversy at any time arising out of and/or in any way related to the access or use of the Sites or these Terms of Use is governed by, and will be construed in accordance with, the laws of the Commonwealth of Virginia (to the extent not preempted by federal law), without regard to internal principles of conflict of laws. You further agree that the sole and exclusive venue shall be a court located either in Arlington or Alexandria, Commonwealth of Virginia.

a. Entire Agreement. These terms constitute the entire agreement between you and Advanced Capital relating to the subject matter of these Terms of Use.

b. Severability. In case any part of these Terms of Use is found to be invalid, void, or unenforceable in any respect, the validity, legality, and enforceability of any other term shall not in any way be affected or impaired.

c. Assignment. These Terms of Use may not be transferred or assigned by you, but they may be assigned by Advanced Capital without restrictions or limitations.

d. Waiver. Our failure to enforce any part of these Terms of Use shall not be deemed a waiver of any further rights hereunder.

e. No Interpretation of Caption or Headings. The captions and headings within these Terms of Use are for ease of reference only.

In addition to reviewing these Terms of Use, you should also review our Privacy Policy to better understand how we collect and use your personal information. Your use of the Sites constitutes your agreement to the terms and conditions of our Privacy Policy.

If you have any questions or concerns about these Terms, please contact us at support@capadvance360.com.