By accessing Netcapitalfinancial.com (the "Website") and using the services provided thereon, you agree to be bound by the terms and conditions ("Terms") set forth herein. Please read these Terms carefully. If you do not agree to these Terms, do not access or use this Website. We reserve the right to change these Terms at any time in our sole discretion without further notice to you except posting on this page. Your continued use of our Website after we have posted changes on this page constitutes your agreement to any and all changes. All changes are in effect and enforceable from the date of posting forward. It is your responsibility, and you are encouraged to thoroughly read and review these Terms each time you use the Netcapitalfinancial.com Website and participate in any of the services provided on our Website.
PLEASE READ CAREFULLY, THESE TERMS CONTAIN AN ARBITRATION PROVISION AND CLASS ACTION LIMITATIONS.
By using Website, you affirm that you are a resident of the United States and over the age of 18 and that you are able to form a binding, legal contract. Website is not intended for use by consumers under the age of 18. You represent and warrant that all information you provide through our Website is accurate and current. You agree not to use the Website for any purpose that is unlawful or prohibited by these Terms. Our Privacy Policy is incorporated into these Terms as though fully set forth.
Website provides an infomediary service in which we collect information from you as prompted and then transfer that information to a participating or prospective lender or network of lenders with whom we have a contractual relationship (collectively "Participating Lenders"). Participating Lenders will review your responses in real time to determine if they have a service or product suited to your needs. To use the service, you must provide current and accurate information to the series of questions presented to you, including, but not limited to, your name, address, telephone number, email address, social security number, banking account information, and employment information. Our collection and use of this information are governed by our posted Privacy Policy .
By submitting your information and allowing us to share that information, you are expressly requesting that we and/or each of our Participating Lenders contact you by email, telephone, (text and/or direct mail) so that they may assist you with your request for services or products or additional offers in which you may be interested.
After transferring your information, our services for you end. As a courtesy, we may follow up via text to assist you to the page where the Participating Lender has placed an application and other information for your signature. Please remember, we are not a lender or broker of any lender. We do not recommend any particular lender or their loan product. All interactions between you and a Participating Lender are at your own risk and at your own liability. We make no credit approval decisions. We do not make any representations or guarantees of acceptance of you into a loan program or specific Lender. We do not make any decisions and therefore cannot guarantee a loan product, rates, fees, or any other loan terms offered and made available by any Lender, nor do we represent or guarantee that the terms provided by the Lender are the best in the marketplace or for you personally. Please consult with the appropriate professional for your circumstances. You may exit the process at any time.
Lenders who receive the information you provide may use the information to verify your identity and/or perform a credit check which may or may not affect your credit score. Credit checks through some credit reporting agencies or data aggregators (Microbilt, Teletrack, DP Bureau, or DataX) which track consumer transactions with lending institutions generally do not affect your credit record or score (a “soft check”). Credit checks through TransUnion, Equifax, or Experian may leave a record and affect your credit score (a “hard check”). By submitting information through our Website for the Lenders, you affirmatively agree to allow such Lenders to review, verify, and research your information in this manner.
If requested by a Participating Lender our Website will open a new page identifying the name(s) and contact information of the Participating Lender(s) or redirect your browser to the Participating Lender's website. Again, once you have been redirected to the lender's site, we have no further involvement in processing the loan or approval process. Your subsequent interactions with the Participating Lender are subject to the Participating Lender's policies including but not limited to privacy policy, terms and conditions, and disclosures.
By entering your mobile number, you have expressly authorized us to send an SMS Alert which has a secure link to your application with the Participating Lender. This is a one-time message in order to facilitate your contact with a Participating Lender. You may Opt-Out at any time by texting the word STOP and returning the message.
In addition, we may send you a follow up messages if your attention is needed to complete contact with the Participating Lender. These messages may be delayed or undelivered for various reasons and this method of transfer to a Participating Lender should not be relied upon. Again, we send the follow up message only as a courtesy. Therefore, you agree that if such message is not sent or not received, neither we nor the Participating Lender shall be responsible or liable for sending you a message or such message being delayed or undelivered.
Our Website may, from time to time, post, (i) links to other sites that we feel may be useful to you, and (ii) content on our Website that is supplied by third parties, including independent third-party lenders (collectively "Third Party Content"). Third Party Content is not under the control of Website. Website makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Third-Party Content, any services accessible by hyperlink or referred from our Website, links contained in any Third-Party Content, or any review, changes, or updates to a third-party website or for third party websites that link to our Website. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties in Third Party Content are those of the respective authors or distributors and not of Website. The existence of such third-party links should not be considered an endorsement or recommendation of those websites or any products and/or services offered on those websites. It is important to note that once you leave our Website, these Terms do not govern your use of any third-party website, including the Participating Lender's website, and consumers are encouraged to review the applicable terms of use and privacy policies of any third-party websites.
All information, materials, images, photographs, articles, functions, text, and other content provided by or on behalf of Website on this Website (collectively, "Website Content") are the sole property of Website. Our Website and all of its Website Content and the selection and arrangement thereof, are protected under the copyright laws and other intellectual property laws of the United States. Website reserves all rights, in and to our Website and its content. Unless otherwise noted, the Website name and all other trademarks, service marks, trade names, logos or other designations of source displayed on the Website are the property of Website, its affiliates, or licensors. You may not distribute, display, or disseminate any such documents, pages, images, materials or content without the prior, express written consent of Website. Nothing contained on our Website shall be construed as conferring any right or license under any trademark, copyright, or other intellectual property right. Any unauthorized use of our Website or its content will terminate the permission or license granted herein and may constitute a violation of applicable copyright and intellectual property law. You agree that you will not alter, adapt, or otherwise modify any part of our Website or its content.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS WEBSITE, ITS AFFILIATES, LICENSORS, AND AGENTS, INCLUDING WITHOUT LIMITATION, WEBSITE’S SERVICE PROVIDERS, NETWORK OF LENDERS, AND BANKS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, FOR ANY CLAIMS, CAUSES OF ACTIONS, PROCEDURES OR ALLEGATIONS ARISING OUT OF OR RELATING TO ANY VIOLATION OF THESE TERMS, YOUR USE OF OUR WEBSITE, ITS CONTENT OR USER CONTENT (INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF THIRD PARTIES' WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE WEBSITE ON YOUR BEHALF. WEBSITE RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO DEFENSE BY YOU.
EXCEPT AS SET FORTH IN THIS AGREEMENT, WEBSITE MAKES NO WARRANTY WHATSOEVER AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES WHICH COULD BE IMPLIED IN CONTRACT, IN LAW OR IN EQUITY, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY DEALING OR COURSE OF PERFORMANCE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY REGARDING CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY OR PERFORMANCE. WE MAKE NO GUARANTEE THAT OUR CONTENT OR USER CONTENT ON THE WEBSITE IS UP-TO-DATE, ACCURATE, OR COMPLETE, AND YOU SHOULD NOT RELY ON THE WEBSITE FOR ANY DECISION OR TO TAKE ANY ACTION. WE HEREBY DISCLAIM ANY WARRANTY THAT OUR CONTENT OR USER CONTENT ON THE WEBSITE WILL BE FREE OF INTERRUPTION, FREE OF ERRORS, OR THAT THE WEBSITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.
UNDER NO CIRCUMSTANCES SHALL WEBSITE, ITS AFFILIATES, AGENTS, AND/OR ANY OTHER PARTIES INVOLVED IN DEVELOPING, PRODUCING, OR DELIVERING THIS WEBSITE SHALL BE HELD LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE DAMAGES, OR ATTORNEYS’ FEES ARISING OUT OF A CONSUMER'S ACCESS TO, OR USE OF, THIS WEBSITE. YOUR SOLE AND EXCLUSIVE REMEDY AND WEBSITE’S SOLE AND EXCLUSIVE LIABILITY TO YOU FOR ANY REASON SHALL BE FOR YOU TO DISCONTINUE YOUR ACCESS TO OR USE OF THE WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You agree to comply with all applicable federal, state, and local laws, regulations and rules that apply to your activities when using the Website. Website reserves the right to terminate any account with respect to this Website and to prevent your use of the Website if such account is used to engage in illegal activity or to violate these Terms of Use. Website may, in its sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities.
Under Nevada law, Nevada residents may opt out of the "sale" of certain "covered information" (as defined under Nevada law) collected by operators of websites or online services. We currently do not sell covered information, as "sale" is defined by Nevada law, and we do not have plans to sell this information. However, if you would like to be notified if we decide in the future to sell personal information covered by Nevada law, please contact us . You are responsible for updating any change in your email address by the same method and we are not obligated to cross-reference other emails you may have otherwise provided us for other purposes. We will maintain this information and contact you if our practices change.
Our Privacy Policy is incorporated into, subject to and made part of these Terms. Please be sure to review our Website's Privacy Policy .
These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms is held unlawful, void, or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. The headings used in these Terms of Use are intended for convenience only, and shall not affect the drafting or interpretation hereof or thereof.
Website's failure to enforce any provision of these Terms of Use shall not be construed as a waiver of such or any future provision.
These Terms of Use, and the interpretation, performance, and enforcement of your and Website's rights and duties, shall be construed in accordance with the laws of the State of Nevada, except for any conflict or choice of law principle thereof that would lead to the application of another jurisdiction's laws to the rights and duties of the Parties (as defined below). Any claim you may have against this Website must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this Agreement and that each Party (as defined below) has the right to seek attorneys' fees in any proceeding.
To the extent allowed by law, you and WEBSITE each agree to waive any right to pursue disputes on a consolidated or class-wide basis; that is, to either join a claim with the claim of any other person or entity or assert a claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration, or other proceeding. YOU HEREBY UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST THIS WEBSITE IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
You and we (individually a “Party”, collectively the "Parties") agree to submit any dispute arising out of or in any way relating to this Website to binding arbitration conducted by a single arbitrator under the Commercial Rules of the American Arbitration Association ("AAA") in Las Vegas, Nevada, rather than a proceeding in a court of law. Any such arbitrator shall be knowledgeable in the subject area in which the dispute arises. All discovery shall be completed within sixty (60) days following the appointment of the arbitrator. Each party shall be entitled to representation by counsel, to appear and present written and oral evidence and argument and to cross-examine witnesses presented by the other Party, provided that, where appropriate, the arbitrator may receive testimony via telephone, video or other electronic means of communication. The arbitration award shall be in writing and the arbitrator shall provide written reasons for the award. The award of the arbitrator shall be final and binding on the Parties hereto and may be enforced in any court of competent jurisdiction. The prevailing Party in any action or proceeding to enforce its rights hereunder shall be entitled to recover reasonable attorneys' fees and other reasonable costs, including fees of the arbitrator and the AAA, incurred in the action or proceedings. In no event shall the arbiter award punitive or exemplary damages. The Parties waive any right they may have to an appeal of the arbitrator's decision and/or award. Each Party retains the right to seek judicial assistance: (i) to compel arbitration, (ii) to obtain interim measures of protection prior to or pending arbitration, (iii) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or confidential information; (iv) for any claims of infringement or misappropriation of this Website's copyright, trademark, or trade secrets; and (v) to enforce any decision of the arbitrator, including the final award. If any AAA rule conflicts with these Terms and Conditions, these Terms and Conditions shall control. BY AGREEING TO ARBITRATION, YOU AGREE THAT THE PARTIES ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY IN ANY ACTION IN ANY WAY ARISING OUT OF OR RELATED TO THIS AGREEMENT. Notwithstanding anything to the contrary, any Party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
Website reserves the right, in its sole discretion, to restrict, in whole or in part, your use of the Website, any Website Content, and any third party's user content at any time with or without notice for any or no reason.
Website makes no representations that the Website is appropriate or available for use in locations outside of the United States. By offering this Website and its Website Content, no distribution or solicitation is made by Website to any person to use the Website or its Website Content in any jurisdiction where the provision of this Website is prohibited by law. You affirmatively agree to obey all federal, state, and local laws, regulations, and rules that apply to your activities when you use the Website. All rights not expressly granted are reserved to Website.
If you have any questions regarding these Terms, you may contact us here .
Netcapitalfinancial.com (the "Website") is not a lender and does not broker loans to lenders and does not make cash advances or credit decisions, and its only financial connection to the providers of the goods and services referred to on the Website is as a marketing vendor. Accessing Website also does not constitute an offer or a solicitation to lend. As such, Website may receive compensation, in the form of a payment for each qualified sale or for each customer registration form Website submits. Website may also be advertising on behalf of a third-party advertiser with whom the provider of the products or services also has a financial connection with, in that both advertisers may receive compensation for each qualified sale or payment for each customer referral. Therefore, the amount of compensation provided, along with other factors, may impact the entity to whom Website provides your registration form. Upon submitting a registration form, you may be redirected to the third-party website or contacted by the third-party for the product you have requested. We encourage you to review the third-party privacy practices and terms and conditions, which may differ substantially from Website. In the event you are provided a loan package, you should review and understand the terms of the product before agreeing to the same. Website and its owners are not affiliated with these third-parties other than what has been described above. Website does not recommend or endorse any specific lender, product, or service on Website, and Website does not include all companies or all available offers. You are encouraged to research all available loan and financial products and service offers for your situation.