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.
WEBSITE AND CONTENT
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.
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.
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.
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.
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.
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
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 email@example.com. (Please direct all general questions to firstname.lastname@example.org).
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.
Write to us at:
Gatehouse Media, LLC
175 Sully’s Trail, 3rd floor
Pittsford, NY 14534
Call us at: (585) 598-0030 and ask for the GateHouse webmaster.
E-mail us at: email@example.com and insert only the words "Re: Copyright Violation" in the subject line header of the email.
Last revised June 2016