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1. GoKapital Tools, Content, Community and Services.

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 abinding 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 https://www.GoKapital.com and related GoKapital websites (collectively, the “Site”). GoKapital’s business tools and services are summarized below.

  • Business Finance Services. GoKapital can help your small or medium-sized businesses find a business loan, merchant cash advance or other financing product (collectively, “loan” or “business loan”) through its network of banks, providers of merchant cash advances or other financing products and other lenders (collectively,“lenders”).
  • Business Resources. GoKapital offers a wealth of information and tools for small and medium-sized businesses, including case studies of how we’ve helped other businesses expand and meet certain challenges and resources to track down government-sponsored small business programs.
  • Free Business Loan Consultation. GoKapital offers a free loan consultation to every customer regarding their business loan options.

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.

  • GoKapital Content. GoKapital also offers articles, its Newsletter and other content, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement (collectively, “Content”) in order to provide its customers with information critical to the successful operation and expansion of their businesses.

GoKapital Services. The tools, resources, services Content and Community features offered by GoKapital on its Site are collectively referred to in these Terms as “Services”.

By accessing this Site or using any Services, you hereby agree to the Terms. You further agree to use any Services solely in accordance with the Terms. If you do not agree to any of these Terms, you must stop using this Site immediately.

2. The Terms Constitute a Binding Legal Agreement between you and GoKapital

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 atinfo@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”.

3. Other Services

In addition to the terms and conditions of the Terms Agreement, which are applicable 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.

4. Privacy Policy.

As described above, the Terms Agreement includes GoKapital’s Privacy Policy (the “Privacy Policy”). The Privacy Policy describes how GoKapital collects, uses, protects and shares the information that you provide to us and that we collect from other users. By using the Site, you agree to our use of your data in accordance with the Privacy Policy.

5. Legal Provisions.

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.

  • Restrictions on Use and Disclosure. You may not use the trade names, trademarks, servicemarks, logos, domain names, distinctive brand features of GoKapital or any advertiser, partner or affiliate of GoKapital, without the GoKapital’s prior written permission. You further acknowledge that if Services contain information designated as confidential by GoKapital, you will not disclose any such confidential information without GoKapital’s prior written permission.
  • Site Content. You agree that all Content you may access on the Site is the responsibility of the person who posts or otherwise makes such Content available on the Site. With respect to Content that you did not originate, such Content may be protected by Intellectual Property Rights of advertisers, partners, affiliates or other third parties. You may not modify, license, sublicense, distribute or create derivative works based on such Content, either in whole or in part, unless you have been specifically authorized to do so in a separate written agreement signed by the Content owner. GoKapital reserves the right to remove any Content from the Site which it deems objectionable or potentially infringing.
  • You are responsible for Your Content. You agree that you are solely responsible for, and that GoKapital has no responsibility to you or any third party for any (i) Content that you create, transmit, or display while using the Services, and (ii) all consequences, losses and damages of any kind incurred by any third party (including GoKapital) arising from your Content.
  • License regarding Your Content. You retain ownership of, and GoKapital does not claim ownership rights in, your original Content. However, by submitting, posting or otherwise displaying your Content on the Site, you hereby grant to GoKapital a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to: reproduce, adapt, edit, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on the Site (in connection with any Service). You agree that this license includes the right for GoKapital to make such Content available to other companies, organizations or individuals with whom GoKapital has relationships for the provision of business, and to use such Content in connection with the provision of Services or Community features. You understand that GoKapital, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You hereby authorize GoKapital to take these actions.
  • License from GoKapital. GoKapital grants you a personal, royalty-free, non-assignable, non-transferable and non-exclusive license to use the Services and Community features made available to you on the Site on the following terms and conditions: (i) this license is for the sole purpose of enabling you to use and enjoy the benefit of the Services and Community features as provided by GoKapital, and solely in the manner permitted by these Terms; and (ii) you may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of Content or any Service or software component or any part thereof, without the express prior written permission of GoKapital.
  • Copyright Infringement. If you believe that any Content on the Site infringes your copyright, you must notify GoKapital’s Designated Agent as provided below in a manner that conforms to the Digital Millennium Copyright Act, Section 512(c)(3).In addition, if you feel that your trademark or other Intellectual Property Right has been or is being violated through use on the Site, please contact us either through our website: info@GoKapital.com

5. Legal Provisions.

  • 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.
    • Restrictions on Use and Disclosure. You may not use the trade names, trademarks, servicemarks, logos, domain names, distinctive brand features of GoKapital or any advertiser, partner or affiliate of GoKapital, without the GoKapital’s prior written permission. You further acknowledge that if Services contain information designated as confidential by GoKapital, you will not disclose any such confidential information without GoKapital’s prior written permission.
    • Site Content. You agree that all Content you may access on the Site is the responsibility of the person who posts or otherwise makes such Content available on the Site. With respect to Content that you did not originate, such Content may be protected by Intellectual Property Rights of advertisers, partners, affiliates or other third parties. You may not modify, license, sublicense, distribute or create derivative works based on such Content, either in whole or in part, unless you have been specifically authorized to do so in a separate written agreement signed by the Content owner. GoKapital reserves the right to remove any Content from the Site which it deems objectionable or potentially infringing.
    • You are responsible for Your Content. You agree that you are solely responsible for, and that GoKapital has no responsibility to you or any third party for any (i) Content that you create, transmit, or display while using the Services, and (ii) all consequences, losses and damages of any kind incurred by any third party (including GoKapital) arising from your Content.
    • License regarding Your Content. You retain ownership of, and GoKapital does not claim ownership rights in, your original Content. However, by submitting, posting or otherwise displaying your Content on the Site, you hereby grant to GoKapital a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to: reproduce, adapt, edit, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on the Site (in connection with any Service). You agree that this license includes the right for GoKapital to make such Content available to other companies, organizations or individuals with whom GoKapital has relationships for the provision of business, and to use such Content in connection with the provision of Services or Community features. You understand that GoKapital, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You hereby authorize GoKapital to take these actions.
    • License from GoKapital. GoKapital grants you a personal, royalty-free, non-assignable, non-transferable and non-exclusive license to use the Services and Community features made available to you on the Site on the following terms and conditions: (i) this license is for the sole purpose of enabling you to use and enjoy the benefit of the Services and Community features as provided by GoKapital, and solely in the manner permitted by these Terms; and (ii) you may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of Content or any Service or software component or any part thereof, without the express prior written permission of GoKapital.
    • Copyright Infringement. If you believe that any Content on the Site infringes your copyright, you must notify GoKapital’s Designated Agent as provided below in a manner that conforms to the Digital Millennium Copyright Act, Section 512(c)(3).In addition, if you feel that your trademark or other Intellectual Property Right has been or is being violated through use on the Site, please contact us either through our website: info@GoKapital.com,

6. Provision of Services by GoKapital.

  • In General. You acknowledge that the Services are provided to you at the discretion of GoKapital.You further acknowledge and accept that: (i) some of the Services offered by GoKapital may be provided by GoKapital subsidiaries or affiliates; (ii) if GoKapital disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account; and (iii) you may stop using the Services at any time.
  • Change in Services. You acknowledge that: (i) the form and nature of the Services which GoKapital currently provides may change from time to time without prior notice to you; and (ii) GoKapital may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at GoKapital’s sole discretion, without prior notice to you;
  • Software Updates. The web browser or other software which you use may automatically download and install updates from time to time from GoKapital as required to update the Site or any Services. These updates are designed to improve, enhance and further develop the Services, and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit GoKapital to deliver these to you) as part of your use of the Services.
  • Notices. If we wish to notify you, we may: (i) email you at the contact information you provide in your Registration Data (as defined); (ii) post a notice specified parties (i.e., customers, lenders, etc.) in the Dashboard area of your account on the Site; or (iii) post the notice elsewhere on the Site, as appropriate in our sole discretion.

7. Your Use of the Services – General.

  • Use of Services in accordance with Applicable Law. You agree to use the Services only for purposes that are permitted by any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including, without limitation, (i) any laws regarding the export of data or software to and from the United States or other relevant countries and (ii) in the case of lenders and other credit providers using the Services, the Equal Credit Opportunity Act (“ECOA”), Regulation B promulgated under ECOA, the Fair Credit Reporting Act and the Fair Housing Act.
  • Use of Services in accordance with the Company’s Anti-Discrimination Policy. The Company’s Anti-Discrimination Policy is fundamental to its operations and overall business philosophy. Any lender or other creditor must also comply with this fundamental Company policy, set out below, in connection with its use of Services:Discrimination in any part of the loan or application process is not only unlawful, GoKapital strongly believes that it is also immoral. Accordingly, the Company does not tolerate discrimination or any action having a discriminatory or discouraging impact, on any basis prohibited under applicable law, including, but not limited to, race, color, religion, national origin, sex, sexual preference, gender identity, marital status, familial status, age, handicap or disability, excluding only special-purpose loan programs authorized by law.
  • You are responsible for your Account. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. You hereby accept all risks of unauthorized access to the Registration Data and any other information you provide to GoKapital.You are responsible for all activity on your GoKapital account, and for all charges incurred by your GoKapital account. If you become aware of any unauthorized use of your password or of your account, you agree to notify GoKapital immediately at info@GoKapital.com.
  • Registration and Site Access. Once you register with us and agree to our Terms, you can access and use all Services on our Site, subject to the provisions of the Terms Agreement.
  • Prohibited Activities. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by GoKapital, unless you have been specifically allowed to do so in a separate agreement with GoKapital.You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services) Unless you have been specifically permitted to do so in a separate agreement with GoKapital, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

8. Business Loan and other Financing Services.

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 financing (“Business Finance Services”). If you wish to use any Business Finance Services, you must first register with GoKapital and expressly accept the Terms. In order 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 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.

  • Limitations and Disclaimers. In all cases, Business Finance Services are offered to businesses for business or commercial loans only. In no cases will GoKapital help arrange: (i) a consumer loan or loan in the name of an individual; or (ii) a loan secured by a dwelling, residence, or non-commercial real estate. In addition, GoKapital’s Business Finance Services are limited in all cases to providing our customers with loan and other financing options and assisting in the loan application process. GoKapital does not negotiate or offer to negotiate specific loan terms with lenders. In addition, if you are a United States resident, the Company’s ability to provide, and your eligibility to receive certain Business Finance Services may also depend on the State in which you reside or in which you have requested such Services. Your use of any Business Finance Services is expressly subject to your compliance with all requirements described in this Section 8 of the Terms Agreement.

9. If you use Forums or other Community Features.

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:

  • Any message, data, information, text, music, sound, photos, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  • Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  • Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  • Unsolicited promotions, political campaigning, advertising or solicitations;
  • Private information of any third party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers, excluding only business contact information where the third party has expressly consented to such disclosure;
  • Viruses, corrupted data or other harmful, disruptive or destructive files;
  • Content that is unrelated to the topic of the Community Area(s) in which such Content is posted;
  • Content that contains SPAM, spyware or spoofing as described in Section 11 below; or
  • Content that, in the sole judgment of GoKapital, is objectionable or which restricts or inhibits any other person from using or enjoying the Community Areas or the Site, or which may expose GoKapital or its affiliates or its users to any harm or liability of any type.

10. Website Security

In General. We are committed to protect the security and integrity of all information you share with us. We have therefore implemented a number of 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. In addition, 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 uses 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:

  • *Session Timeout. A session timeout has been implemented so that the maximum specified period of user inactivity does not exceed 25 minutes.
  • Temporary Account Lockout. Access is locked for 30 minutes by the system if a 3 or more consecutive unsuccessful login attempts are made regardless of session or time frame. User s may not log back in, re-authenticate online, and create a new account, order products, view products or use login help when the account is locked out. However, the user can contact the call center/help desk to activate account when the account is locked.
  • Long Term Account Lockout. Access to accounts will be locked indefinitely (until manually unlocked by a Call Center/Help Desk Agent) if the user attempts to use login help unsuccessfully 3 or more times regardless of session or time frame. User may not login, create a new account, re-authenticate online, order products, view products or use login help when the account is locked out. As above, the user can contact the Call Center/Help Desk to activate account when account is locked out.

11. SPAM, Spyware and Spoofing.

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.

If you wish to report SPAM or spoof emails to GoKapital, please forward the email to privacy@GoKapital.com. This email address is protected from spam bots, so you will need JavaScript-enabled browser to view it.

12. References to Other Sites and Content.?

The Site may contain refers to third-party Web sites (“Third-Party Sites“) and third-party content (“Third-Party Content“) as a service to those interested in this information. Third-Party Sites include payment processors and other payment intermediaries that you may use in connection with the Services. You agree that any use of such refers to Third-Party Sites, and any Third-Party Content or service provided on the Site will be at your own risk. Except as expressly provided in the Privacy Policy, GoKapital does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. You acknowledge and agree that GoKapital is not responsible for the availability of any Third-Party Sites or resources, and that GoKapital provides these refers only as a convenience. Refers to Third-Party Sites or Third-Party Content do not imply GoKapital’s endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content.GoKapital accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Web sites referring to the Site.

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.

13.Advertising and Promotions

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.

14. EXCLUSION OF WARRANTIES

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:

  • (1) YOUR USE OF SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”;
  • (2) GOKAPITAL, ITS SUBSIDIARIES, PARTNERS AND AFFILIATES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED;
  • (3) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOKAPITAL OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS;
  • (4) GOKAPITAL FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; AND
  • (5)ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL

15. LIMITATION OF LIABILITY

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:

  • (1) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; OR
  • (2) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
  • (A) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
  • (B) ANY CHANGES WHICH GOKAPITAL MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
  • (C) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
  • (D) YOUR FAILURE TO PROVIDE GOKAPITAL WITH ACCURATE ACCOUNT INFORMATION OR OTHER REGISTRATION DATA; OR
  • (E) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

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.

16. Termination and Survival of Terms.

  • Scope of Terms and Your Right of Termination. Once you subscribe to the Terms Agreement, the Terms will continue to apply until terminated by either you or GoKapital, as set out below. If you wish to terminate your legal agreement with GoKapital, you may do so by (a) notifying GoKapital at any time and (b) closing your accounts for all of the Services which you use, where GoKapital has made this option available to you. Your notice should be sent, in writing, to GoKapital’s address which is set out at the beginning of these Terms. If you terminate your use of the Site you must pay the fees applicable for the balance of the then current billing period (if your billing period is monthly, we will prorate your account to the nearest month-end after termination).
  • Our Right of Termination. Notwithstanding any provision of these Terms, GoKapital reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate its legal agreement with you; and/or (b) block or prevent your future access to and use of all or any portion of the Site or Services. If:
  • (A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
  • (B) GoKapital is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
  • (C) the partner with whom GoKapital offered the Services to you has terminated its relationship with GoKapital or ceased to offer the Services to you; or
  • (D) GoKapital is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
  • (E) the provision of the Services to you by GoKapital is, in GoKapital’s opinion, no longer commercially viable.
  • Inactive Accounts. If your account is inactive for one year or longer, we may at our sole discretion deactivate your account. Deactivated accounts are placed in storage for up to one year and can be restored at our discretion.
  • Posted Content. Upon termination of our legal agreement for any reason, your user Content previously posted on the Site may be retained, deleted and/or archived by GoKapital, at its sole discretion.
  • Survival of Rights and Obligations. When these Terms come to an end, all of the legal rights, obligations and liabilities that you and GoKapital have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force), or which are expressed to continue indefinitely, shall be unaffected by this cessation, shall continue to apply with full legal force and effect indefinitely, including without limitation to the rights, obligations and liabilities under Section5 (Legal Provisions), Section 14 (Exclusion of Warranties), Section15 (Limitation of Liability), this Section 16 (Termination and Survival of Terms) and Section 17 (Other Legal Provisions), shall survive indefinitely.

17. Other Legal Provisions.

  • (1) Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned.If so, the Terms do not affect your legal relationship with these other companies or individuals.
  • (2) The Terms constitute the entire legal agreement between you and GoKapital and govern your use of the Services, and completely replace any prior agreements between you and GoKapital in relation to the Services.
  • (3) You agree that GoKapital may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
  • (4) You agree that if GoKapital does not exercise or enforce any legal right or remedy which is contained in the Terms (or which GoKapital has the benefit of under any applicable law), this will not be taken to be a formal waiver of GoKapital’s rights and that those rights or remedies will still be available to GoKapital.
  • (5) If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
  • (6) You acknowledge and agree that each member of the group of companies of which GoKapital is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms or Terms Agreement.
  • (7) The Terms, and your relationship with GoKapital under the Terms, shall be governed by the laws of the State of New York without regard to its conflict of laws provisions. You and GoKapital agree to submit to the exclusive jurisdiction of the courts located within the State of New York, County of New York (Manhattan) to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that GoKapital shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
  • (8) The posting of this Site and Terms on the internet is a passive activity of GoKapital, access to which by any person in any particular jurisdiction does not imply that GoKapital intends to conduct any activities within that jurisdiction or that it invokes the protection of or intends to comply with the legal requirements of any particular jurisdiction other than the United States. Reference to a particular Service does not mean that GoKapital intends to make such Service available in all States of the United States or in all countries outside of the United States.
  • (9) If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.GoKapital may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of GoKapital, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and GoKapital regarding your use of the Site, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and GoKapital regarding your use of the Site. The parties confirm that it is their wish that these Terms, as well as any other documents relating to the Terms, including notices, have been and shall be drawn up in the English language only.

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