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GoKapital Tools and Services. Your use of GoKapital products, services and websites is subject to and governed by these Terms of Service (“Terms”), which constitute a binding legal agreement between you and GoKapital. “GoKapital” or “Company” or “we” means GoKapital Inc., GoKapital is a leading financial services portal for small and medium-sized businesses (“SME’s”) that offers a range of services to its customers through its web site located at GoKapital.com and related GoKapital websites (collectively, the “Site”). GoKapital’s business tools and services are summarized below.
GoKapital Content and Community. GoKapital also offers a wealth of original and other content relating to your business and the commercial loan process, together with blog, Q&A and other community features.
By accessing this Site or using any Services, you hereby agree to the Terms. You further agree to use any Services solely following the Terms. If you do not agree to any of these Terms, you must stop using this Site immediately.
Binding Legal Agreement. GoKapital’s provision of Services to you is expressly subject to these Terms, which constitutes a binding legal agreement between you and GoKapital upon your use or access of the Site. This Please read these Terms carefully before using the Site or accessing any Services offered on the Site. By accessing or using the Site or by merely browsing the Site, you agree to be legally bound by these Terms and all obligations applicable to Site users stated the Terms. If you do not agree with the Terms in their entirety, including provisions incorporated herein, you may not use the Site. It is your responsibility to review and understand all terms and conditions set forth in these Terms and to use the Site in accordance with the Terms and applicable law. If you have any questions about the Terms, please email us at info@GoKapital.com or contact us in writing per the information posted at the end of the Terms.
Changes to the Terms. GoKapital reserves the right to change or modify any of the terms and conditions contained in the Terms at any time and in its sole discretion. If we do so, we will post notice of updating on the Site. If the changes are significant, we will also notify you at the last email address you provided to us in your registration information. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Site after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms so that you understand the terms and conditions that apply to your use of the Site. If you do not agree with the changes, you must stop using the Site and you are also free to cancel your account with us without further obligation.
Other Important Provisions. You may not use this Site, or access or use Services offered on the Site, if (i) you are a United States resident and are less than 18 years of age; (ii) you are not of legal age to enter into a binding legal contract with GoKapital under the laws applicable to you, or (iii) you are legally barred from using or accessing this Site or any Services under the applicable laws in your country of residence.
Terms Agreement. These Terms, including all Legal Provisions (as defined) and all provisions incorporated herein, are also sometimes referred to as the “Terms Agreement”.
In addition to the terms and conditions of the Terms Agreement, which apply to all GoKapital customers, certain Services may require you to agree to additional agreements with the Company. The Company’s ability to provide and your eligibility to receive such other Services may also depend on the state in which you reside or in which you have requested the particular Services.
As described above, the Terms include the Legal Provisions described in this Section 5 (collectively, “Legal Provisions”). By agreeing to the Terms Agreement, you also agree to, and to at all times access and use this Site in accordance with the following Legal Provisions.
GoKapital offers a variety of business loan services to its customers designed to assist SME’s in analyzing, comparing and applying for commercial loans or other business financings (“Business Finance Services”). If you wish to use any Business Finance Services, you must first register with GoKapital and expressly accept the Terms. To access Business Finance Services online, you must complete and submit a Get a Loan Qualification Form. All loan application services are provided to customers for free. Certain additional services, such as business plan support or credit reports, are available on a fee-basis as posted on the Site. In addition, no fees are charged to customers for a loan application or other services related to any federally guaranteed small business loan program through the U.S. Small Business Administration (SBA) that the client may obtain through the services of GoKapital. If you wish to use Business Finance Services, you will also be required to certain additional terms authorizing GoKapital to access and share certain personal and financial information and documents with potential lenders.
The Site contains Community features, including without limitation discussion forums, bulletin boards, review services, expert network or other forums in which you or third parties may post reviews or other content, messages, materials or other items on the Site (“Community Areas“). You are solely responsible for your use of such Community Areas and use them at your own risk. Content submitted to any Community Area will be non-confidential. By using any Community Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
In General. We are committed to protecting the security and integrity of all information you share with us. We have therefore implemented several industry-security measures (including physical, electronic and procedural measures) to help safeguard your personal information from unauthorized access and disclosure. Only authorized employees and authorized third-party service providers are permitted to access personal information, and they may do so only for specified and limited business functions. Also, we use encryption in the transmission of your sensitive personal information between your system and ours, and we use firewalls to help prevent unauthorized persons from gaining access to your personal information. However, no system is 100% secure or reliable and is also subject to the reliability of hosting services, internet intermediaries, your internet service provider, and other service providers, whose reliability cannot be guaranteed by GoKapital.When you use GoKapital, you accept these risks and the responsibility for choosing to use a technology that does not provide perfect security or reliability.
Credit Card Information. GoKapital does not directly accept credit card information. GoKapital uses a third-party payment gateway to accept credit card information for all users on the site, including service fees and the purchase of credit reports and other business information provided by GoKapital from partners such as D& B and Equifax. All the credit card information processing, including PCI security standards compliance, is done at the end of the third-party payment gateway, and we do not collect or store any such information. GoKapital uses restrictive firewalls to protect stored data and uses 256 bit SSL certificates to encrypt data transferred between you and the Site, including credit card information. You acknowledge that GoKapital is not responsible for the protection of any credit card information shared on the Site, and by sharing such information you expressly assume any such risk.
DocVault. GoKapital’s DocVaultTM system allows only authorized users to Account Security. We have also implemented the following additional features to help strengthen the security of your user account:
GoKapital and its vendors, partners and affiliates do not tolerate SPAM, spyware or spoofing on the Site or any Service or Community Area. You may not use the Community Areas or Service to send commercial or other messages to any third-party if those messages are not expressly solicited or authorized in writing by the third-party. Your use of the Site you must comply with all applicable laws, including laws that apply in any jurisdiction to SPAM and marketing practices, and with any applicable marketing association guidelines on ethical marketing practices. You may not use our communication tools to send SPAM or otherwise send content that would violate the Terms Agreement. The use of any Community Areas or other portions of the Site in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. We automatically scan and may also manually filter messages to check for spam, viruses, phishing attacks, and other malicious activity or illegal or prohibited content.
You acknowledge and agree that GoKapital is not liable for any loss or damage which may be incurred by you as a result of the availability of those Third-Party Sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data policies, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
GoKapital may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than GoKapital, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. GoKapital is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT GOKAPITAL’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
SUBJECT TO THE FOREGOING, YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
SUBJECT TO THE FIRST PARAGRAPH OF SECTION 14 (EXCLUSION OF WARRANTIES) ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOKAPITAL, TOGETHER WITH ITS SUBSIDIARIES, PARTNERS AND AFFILIATES, SHALL NOT BE LIABLE TO YOU FOR:
THE FOREGOING LIMITATIONS ON GOKAPITAL’S LIABILITY TO YOU SET FORTH IN THIS SECTION 15 SHALL APPLY WHETHER OR NOT GOKAPITAL HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.