1. ACCEPTANCE OF TERMS
Welcome to Delca Capital
Delca Capital provides Services (as described below) to you subject to the following terms of service ("TOS" or this "Agreement"), which may be updated from time to time without notice to you. You can review the most current version of the TOS at any time at: https://delcacapital.com/terms.
By accessing the Delca Capital website, currently located at www.delcacapital.com (the "Site") and using the Service, you accept and agree to be bound by the TOS. IF YOU DO NOT AGREE TO BE BOUND BY THE TOS, PLEASE DO NOT ACCESS THE SITE AND USE THE SERVICES!
2. DESCRIPTION OF SERVICE
Delca Capital matches qualified small business owners (our "Customers") with banks, credit unions, and alternative lending sources ("Funding Sources"). Through proprietary matching technology and techniques, Delca Capital Funding helps our Customers identify business loan products ("Financing Options") and Funding Sources to suit their needs. Delca Capital is not a lender and makes no lending decisions. Rather, Delca Capital helps Customers review various Financing Options and package the necessary application materials. It is entirely the Customer's decision whether to accept a Financing Option offered by a Funding Source.
a. Information Submitted. You agree to provide accurate information when using the Service. You further agree to promptly update your information whenever the information provided to us is no longer accurate. You are solely responsible for, and assume all liability regarding, the information and content you provide through your use of the Service.
b. Risk Assumption. You assume all risk when using the Service, including but not limited to, all of the risks associated with any Financing Option or Funding Source to which you are matched or referred. Each Funding Source has its own criteria and terms. Please review the terms of your Financing Options very carefully. You are responsible for what you agree to!
c. No Guarantees. We may not be able to match you with a Funding Source, and not every match results in funding.
d. Legal Purpose. You may not use the Site or Service for any illegal purpose. You will only use the Site or Service in accordance with federal, state and local laws. You may not use the Site or Service, if (i) you are not of legal age to form a binding contract with Delca Capital (ii) you are prohibited by law from using the Service; or (iii) you are not a U.S. resident.
3. CUSTOMER INFORMATION AND PRIVACY
4. WARRANTIES AND DISCLAIMERS
a. No Warranties. DELCA CAPITAL PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. DELCA CAPITAL DOES NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR- FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ADVICE OR INFORMATION PROVIDED BY DELCA CAPITAL SHALL CONSTITUTE ANY WARRANTY WITH RESPECT TO YOUR USE OF THE SERVICE. DELCA CAPITAL DOES NOT GUARANTEE OR ASSUME ANY RESPONSIBILITY FOR ANY SERVICES ADVERTISED OR OFFERED BY ANY THIRD PARTY. DELCA CAPITAL MAKES NO GUARANTEE AS TO THE NUMBER OF FUNDING SOURCES WITH WHOM YOU MAY BE MATCHED USING THE SERVICE, NOR DOES DELCA CAPITAL GUARANTEE THAT YOU WILL BE ABLE TO OBTAIN BUSINESS FUNDING IN ANY AMOUNT USING THE SERVICE. YOU UNDERSTAND AND AGREE THAT DELCA CAPITAL IS NEITHER A FUNDING SOURCE NOR A FINANCIAL ADVISOR, AND THE SERVICE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL FINANCIAL ADVICE.
b. Limitation of Liability. IN NO EVENT WILL DELCA CAPITAL, ITS SUBSIDIARIES, PARTNERS OR AFFILIATES, BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF DELCA CAPITAL KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL DELCACAPITAL´S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THE SERVICE EXCEED THE AMOUNT OF $5000.00.
c. No Liability for non-Delca Capital Funding Actions. IN NO EVENT WILL DELCA CAPITAL BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANY THIRD-PARTY (INCLUDING FUNDING SOURCES) IN CONNECTION WITH THE SERVICES.
You agree to release, indemnify, and hold harmless Delca Capital and its officers, directors, employees, agents and affiliates from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way related to: (a) your access to, use of, or inability to use the Site or Service; (b) your violation of these TOS; (c) your violation of any rights of a third party; (d) your interaction with any Funding Source; (e) any duties, responsibilities, or obligations you may have to a Funding Source; (f) your violation of any applicable law; (h) your failure to provide and maintain true, accurate, current and complete application information and account information.
6. TERM AND TERMINATION
This Agreement shall commence on the date you first access the Site or use the Service and remain in effect until terminated as follows: (i) Delca Capital may terminate this Agreement at any time in its sole discretion; (ii) you may terminate this Agreement at any time by ending your use of the Site and the Services and notifying Delca Capital at firstname.lastname@example.org. Sections 3, 4, 5, and 7 shall survive termination of this Agreement.
7. GENERAL PROVISIONS
·a. Controlling Law and Jurisdiction. This Agreement will be deemed entered into in Virginia and will be governed by and interpreted in accordance with the laws of the State of Virginia. The parties agree that any dispute arising under this Agreement will be resolved in the state or federal courts in Alexandria, Virginia, and the parties hereby expressly consent to jurisdiction therein. The parties irrevocably agree to waive any and all rights to a trial by jury.
· b. Miscellaneous. This Agreement comprises the entire agreement between you and Delca Capital regarding the use of the Service, superseding any prior agreements between you and Delca Capital Funding related to your use of this Site or Services (including, but not limited to, any prior versions of these TOS). The FAQ´s found on the Site are for informational purposes only and are not deemed to be part of this Agreement. The failure of Delca Capital to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site, the Service, or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect.