1. Limitations on Use
The Sites are based in the United States for use by individual business owners and legal entities organized and authorized to do business in the U.S., and may not be used by others or used outside of the U.S. We may change, suspend, or discontinue all or any part of the Sites, or deny you access to all or any part of the Sites, without notice and without reason. By accessing the Sites, you agree that you will not:
2. Accounts and Passwords
You are responsible for maintaining the confidentiality of your usernames and passwords associated with your account and the Sites. You must notify us immediately of any unauthorized use of your account. You may be liable for losses or damages incurred by us or any other user of the Sites due to someone else using your username, ID, password, or other information which provides access to the Sites. We are not liable for any loss or damage you may incur as a result of your failure to comply with these requirements.
You are granted a non-exclusive, non-sublicensable, non-transferable, personal, limited license to install and use any software and related functionality embedded in the Sites (collectively, “Software”). Certain Software that Creditline Capital uses to provide the Sites has been licensed from third parties (each, a “Third Party Licensor”) that are not affiliated with Creditline Capital. Your limited right to use the Software is revocable in the discretion of Creditline Capital and its Third Party Licensors. You agree to download and install all Software updates for the Sites promptly once they are available to you. Creditline Capital and its Third Party Licensors have no obligation to correct any bugs, defects or errors in the Sites or Software, or to otherwise support, maintain, improve, modify, upgrade, update or enhance the Sites or Software.
5. Telecommunications Providers
You agree that when you use the Sites, you will remain subject to the terms and conditions of all of your existing agreements with us, our affiliates and/or any unaffiliated service providers and your internet service provider and mobile service carrier or provider, and that these Terms do not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of the Sites (for example, your mobile service carrier or provider may impose data usage or text message charges for your use of or interaction with the App), and you agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service carrier or internet service provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your carrier or provider directly with your carrier or provider without involving us.
6. Intellectual Property
Creditline Capital and the other trademarks, logos, and service marks displayed on the Sites are our trademarks or those of our affiliates and/or other respective third party owners. Under no circumstances may you alter, modify, or change these trademarks. You are prohibited from using these trademarks for any purpose without written permission. All right, title and interest in the Site and any content contained herein is the exclusive property of Creditline Capital, except as otherwise stated.
The information contained on the Sites, including but not limited to text, graphics, and images (other than certain images licensed from third parties) and their arrangement, are copyright ©2022 by Creditline Capital, LLC. All rights reserved.
By your use of the Sites, you also 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, marketing partners, 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 (including any cellular telephone numbers). Your cellular or mobile telephone provider may charge you according to the type of plan you carry. Your consent will be effective even if the number you have provided is registered on any state or federal Do-Not-Call (DNC) list. This consent for auto-dialed and prerecorded calls shall remain in effect until you revoke it. Your consent to these calls may be revoked by informing the telemarketing representative, or by any other reasonable method that ensures we receive the revocation. Your consent to telemarketing calls is not a condition of obtaining a loan.
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 our agents, representatives, affiliates, third parties or anyone calling on our behalf) or that we (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) place to you.
8. NO WARRANTY
THE SITES AND RELATED SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF ACCURACY, ADEQUACY, OR COMPLETENESS OF INFORMATION, MATERIALS, PRODUCTS AND SERVICES, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, FREEDOM FROM COMPUTER VIRUS, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. CREDITLINE CAPITAL AND THIRD-PARTY DATA PROVIDERS EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, MATERIALS, PRODUCTS OR SERVICES ON THE SITES AND IN THE APP.
CREDITLINE CAPITAL DOES NOT OPERATE AS AN ACCOUNTING, FINANCIAL OR INVESTMENT PLANNER OR ADVISOR. WE DO NOT PROVIDE FINANCIAL, BUSINESS, ACCOUNTING, SECURITIES, TAX OR LEGAL ADVICE. YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE DISCRETION AND RISK.
CREDITLINE CAPITAL IS NOT ACTING AS A BUSINESS ASSOCIATE OR SUBCONTRACTOR (AS SUCH TERMS ARE DEFINED AND USED IN HIPAA) AND THE SERVICES PROVIDED BY CREDITLINE CAPITAL ARE NOT HIPAA COMPLIANT. CREDITLINE CAPITAL HAS NO LIABILITY UNDER THIS AGREEMENT FOR SENSITIVE DATA.
9. Limitation of Liability
In no event shall we be liable for any lost profits, lost opportunity, cost of procurement of substitute goods or services, intangible loss, or any indirect, special, incidental, exemplary, punitive or consequential damages, damages arising out of or in connection with your access to, use or inability to access and use the Sites, the App, the services, the software, or any related products or services, or the copying or displaying of, or the interaction or any other form of communications with the Sites or the App, regardless of whether we have been advised of the possibility of such damages, losses, or expenses and regardless of the action, whether in warranty, contract, tort or otherwise. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CREDITLINE CAPITAL FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITES AND RELATED SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO CREDITLINE CAPITAL FOR USING THE SERVICES DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM.
You will indemnify, defend, and hold us, our affiliates, and our respective shareholders, members, officers, directors, employees, agents, successors and assigns (collectively, “Creditline Capital Indemnitees”) harmless from and against any actual or alleged claims or losses, and expenses, including reasonable attorney’s fees (collectively, “Losses”), incurred by any Creditline Capital Indemnitee in connection with a third-party claim, action, or proceeding (each, a “Claim”) arising from (i) your use of any Site in violation of these Terms, (ii) your breach of any of your representations and warranties hereunder or (iii) your gross negligence or willful misconduct; provided, however, that the foregoing obligations shall be subject to our (i) promptly notifying you of the Claim and (ii) providing you, at your expense, with reasonable cooperation in the defense of the Claim.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restrictions or limitations.
12. Governing Law
These Terms are governed by the laws of Florida (without regard to conflict of law provisions) and applicable federal law. Our failure to exercise or delay in enforcing any of our rights shall not constitute a waiver of such rights. These Terms, together with all other documents incorporated herein, constitutes the entire agreement with respect to the subject matter herein, provided that these Terms shall not limit or modify any other agreement you enter into with Creditline Capital.
13. Consent to Electronic Transactions and Disclosures
Creditline Capital may provide you with information relating to products and services electronically from time to time. We may be required by law to give you certain information “in writing” – which means in some cases you are entitled to receive it on paper. If you’d like a paper copy, you may contact Customer Support to request a paper version, subject to availability. You may have to pay a fee for the paper copy unless charging a fee is prohibited by applicable law.
We also need your general consent to use electronic records and signatures in our relationship with you. In order to ensure you receive all electronic copies of materials, please keep your account contact details up to date. You can change your details via Customer Support at email@example.com.
You have the right to withdraw your consent at any time. If you would like to withdraw your consent, please contact Customer Support. Please be aware, however, that withdrawal of consent will result in the suspension or termination of your Creditline Capital account, at Creditline Capital’s discretion.