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UpCurve Financial Website Terms of Use


PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE

These Terms of Use describe the terms and conditions under which you, the user, are granted the right to use the website (the "Website") operated by UpCurve, Inc. (“UpCurve Financial,” “we” or “us”), an affiliate of Gatehouse Media, LLC ("GateHouse"). 

USER AGREEMENT

BY USING THIS WEBSITE YOU REPRESENT YOU ARE OF LEGAL AGE AND AGREE TO BE BOUND BY THESE TERMS OF USE, AND ANY SUBSEQUENT MODIFICATIONS, AND THE OTHER POLICIES POSTED ON THE WEBSITE. Your use of this Website is contingent on the foregoing agreement, and if you do not agree, you must cease using the Website. Your electronic acceptance of these Terms of Use and other posted policies through your use of this Website shall have the same force and effect as if you had actually signed an agreement embodying these terms. UpCurve Financial may change these Terms of Use at any time by posting changes on this page of the Website. It is your responsibility to review these Terms of Use prior to each use of the Website. By continuing to use the Website, you agree to any such changes.

SERVICES

The Website provides a business loan and business cash advance referral service (the “Services”).  You may only use the Services to apply for a loan or advance from a third party financing provider (“Provider”) for business purposes.  By using the Services you certify to us that you will not use any proceeds for personal, household or consumer purposes.  In some locations, only business loan products may available and in other locations only business cash advance products may be available.  It is your sole responsibility to determine the suitability of any particular Service for your business needs, and for all interactions with a Provider.  In addition, the Services may not be available in all states.  We are not a Provider.  We do not give loans or advances, provide financial advice, evaluate your creditworthiness or make credit decisions. We will provide the information you give us to one or more Providers.  We will be compensated by a Provider only if you choose to enter into a binding financing agreement with the Provider.

By submitting your information to the Website, you authorize us to transmit such information to one or more Providers.  A Provider’s use of such information will be subject to that Provider’s privacy policy and website terms of use, and neither UpCurve Financial, GateHouse or any Affiliate will be responsible for any such use by a Provider. You acknowledge and agree that your use of our Website, the Services and any information sent or received in connection therewith, may not be secure and may be intercepted by unauthorized parties.

We are not responsible for any actions taken by you through this Website or after you have left this Website, or for the decisions or actions of any Provider.  Upon entry into a Providers website linked to this Website, you should carefully review the details and requirements of the financial product being offered by that provider, the privacy policy and other terms and conditions of that website as those policies and terms may differ from these.  You are solely responsible for all dealings between you and a Provider.  We are not responsible for and disclaim any and all liability related to any dealings, actions or omissions that may occur between you and any Provider, and you hereby fully release and indemnify us, GateHouse and our Affiliates from any such liability. We will not be involved in any disputes between you and any Provider or any of its respective affiliates.

WEBSITE AND CONTENT

Website Availability

We may change, suspend or discontinue availability of any aspect of the Website at any time. We may also impose limits, registration requirements or fees on certain features or services or restrict your access to parts or the entire Website without notice or liability.  We provide this Website for use only by persons located in the United States. We make no claims that the Website or its Services or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons, in certain states or in certain countries. If you access the Website from outside the United States or from any state where the Services are not provided, you do so on your own initiative and are responsible for compliance with local laws.  In addition, the Website contains links to other Internet sites, resources, and sponsors or advertisers on the Website. We are not responsible for the availability of these outside resources, or their contents, and accordingly, you should direct any concerns regarding any link or other website to the site administrator or webmaster of such site. 

Copyright

All content on the Website is protected by copyright and other intellectual property or proprietary rights laws and is owned or controlled by UpCurve Financial, GateHouse, or the party accredited as the owner or provider of the content. You must abide by all copyright notices, information, or restrictions contained in any content accessed through the Website. 

Permitted Use

You may use the Website only for the purpose of submitting information to apply for a business loan or business cash advance. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the content on our Website except as expressly permitted in these Terms of Use. You may not use any content in connection with any site or other use that contains or is associated with information or content prohibited by these Terms of Use.  You may, however, print one copy of a reasonable number of pages of the Website for the purpose of obtaining a business loan and not for further reproduction, publication or distribution.  Any other use of the content on the Website is prohibited without prior written permission from GateHouse (see Contact Us at the end of these Terms of Use), or the copyright owner identified in the copyright notice in the content.

Links/Advertisements/Search Engines

The Website may link to other sites operated by third parties.  We are not responsible for the content or accuracy of any off-site pages or any other sites linked to the Website, or the services provided by any third parties who operate such sites. Linking to any other off-site pages or other sites is at your own risk and subject to the terms and conditions of use of those sites. The Website also may contain advertisements by third parties. Unless otherwise specifically stated on the Website, we do not endorse or make any representation or recommendation regarding the quality, or accuracy of any products or services featured in, or linked to any advertisement that appears on the Website.  Search engines and indexing agents are required to obey the Robots.txt file relating to the Website and its contents. 

WEBSITE REGISTRATION

To use the Services or access some of the resources the Website offers, you may be asked to provide certain personal details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete.


LEGAL TERMS

No Representations or Warranties as to Website or Services

THE WEBSITE, SERVICES AND ALL CONTENT PROVIDED BY UPCURVE FINANCIAL, GATEHOUSE OR ITS AFFILIATES, OR ITS THIRD PARTY PROVIDERS IS DISTRIBUTED SOLELY ON AN "AS IS" BASIS. UPCURVE FINANCIAL, GATEHOUSE AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES THAT OPERATION OF THE WEBSITE (OR SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE) WILL BE UNINTERRUPTED OR ERROR FREE AND DO NOT PROVIDE ANY WARRANTY AS TO THE USE, SUFFICIENCY OR ACCURACY OF ANY CONTENT. UPCURVE FINANCIAL, GATEHOUSE AND ITS AFFILIATES HEREBY EXPRESSLY EXCLUDE AND DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES AS TO PRODUCTS AND SERVICES PROVIDED BY UPCURVE FINANCIAL, GATEHOUSE AND ITS AFFILIATES OR ANY PROVIDER, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY UPCURVE FINANCIAL, GATEHOUSE, ITS AFFILIATES, ITS AGENTS OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE OR NON-INFRINGEMENT).

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL UPCURVE FINANCIAL, GATEHOUSE OR ITS AFFILIATES (OR THEIR DIRECTORS, EMPLOYEES OR AGENTS) BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR LOST PROFITS OR LOST DATA, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING FROM YOUR USE OF THE WEBSITE, ANY SERVICES OR APPLICATIONS AVAILABLE THROUGH THE WEBSITE, OR ANY OF THE WEBSITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE. IN ADDITION, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PROPEL BUSINESS CAPPITAL, GATEHOUSE AND ITS AFFILIATES' LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO UPCURVE FINANCIAL, GATEHOUSE OR ITS AFFILIATES FOR THE WEBSITE PRODUCT OR SERVICE ACCESSED BY YOU, BUT IN NO CASE WILL SUCH LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID BY YOU FOR THE WEBSITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM UPCURVE FINANCIAL, GATEHOUSE OR ITS AFFILIATES, REGARDLESS OF THE CAUSE OF ACTION.  

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnity

You agree at your expense to indemnify and hold harmless, UpCurve Financial, GateHouse and its affiliates and each of their respective partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, from any and all claims, suits, actions and investigations, and any costs, expenses, liabilities or damages therefrom (including attorneys' fees and court costs) arising from or relating to any allegation regarding: (a) your use of the Website or Services or interactions with any Provider; (b) the Website's or UpCurve Financial, GateHouse or its affiliates' use of any content or information you provide, as long as our use is not inconsistent with these Terms of Use; (c) information or material posted or transmitted by you through the Website; and, (d) any violation of these Terms of Use by you (collectively "Claims"). 
GateHouse reserves the right to select counsel and conduct the defense or settlement of any such Claim, which shall not relieve you of your obligation to indemnify as provided above. 

Governing Law and Venue 

The agreement regarding these Terms of Use has been made in and shall be construed and enforced in accordance with New York law, without regard to its principles of the conflicts of law. Any action to enforce this agreement shall be brought in the federal or state courts located in New York City, and you hereby waive any objections to such action. Any cause of action you may have with respect to the Website or these Terms of Use must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.

Severability; Waiver 

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. 

Copyright Violations

Users are prohibited from transmitting through the Website any materials that violate another party's intellectual property rights. When we receive proper notification of alleged copyright infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Website infringes upon any copyright which you own or control, please notify us at copyrights@gatehousemedia.com. (Please direct all general questions to webmaster@gatehousemedia.com).

Informational Purposes

The information on the Website is provided solely for informational purposes, and does not constitute professional advice.  You should not rely on this Website except as an informational resource.     

CONTACT US

General Questions:

If you have any questions about these Terms of Use, please contact us in one of the following ways: 
E-mail us at: webmaster@gatehousemedia.com and insert only the words "Re: Terms of Use" in the subject line header of the email. 

Write to us at: 

Webmaster
Gatehouse Media, LLC
175 Sully’s Trail, 3rd floor
Pittsford, NY 14534



Call us at: (585) 598-0030 and ask for the GateHouse webmaster.

Copyright violations

E-mail us at: copyrights@gatehousemedia.com and insert only the words "Re: Copyright Violation" in the subject line header of the email. 



Last revised June 2016