Terms & Conditions
Please read these terms and conditions carefully before using our services. By accessing or using Selective Capital's services, you agree to be bound by these terms.
Acceptance of Terms
Agreement to Terms
By accessing and using the Selective Capital website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions. If you do not agree to these terms, you must not use our services.
Modifications
We reserve the right to modify these terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services after changes are posted constitutes your acceptance of the modified terms.
Additional Terms
Certain services may be subject to additional terms and conditions, which will be presented to you at the time of service application. Those additional terms are incorporated into these Terms & Conditions by reference.
Eligibility and Account Registration
Age Requirement
You must be at least 18 years old and legally capable of entering into binding contracts to use our services. By using our services, you represent and warrant that you meet these eligibility requirements.
Business Requirements
To apply for business financing, you must be an authorized representative of a legally registered business entity with the authority to bind that entity to financial agreements.
Account Information
You agree to provide accurate, current, and complete information during the registration and application process. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
Account Security
You must immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to protect your account information.
Loan Application Process
Application Submission
Submitting a loan application does not guarantee approval or funding. All applications are subject to our underwriting criteria, credit review, and approval process. We reserve the right to request additional information or documentation at any time during the application process.
Information Accuracy
You represent and warrant that all information provided in your loan application is true, accurate, complete, and not misleading. Providing false or misleading information may result in application denial, loan cancellation, or legal action.
Credit Authorization
By submitting an application, you authorize us to obtain credit reports, verify information with third parties, and conduct background checks as necessary to evaluate your application.
Application Processing Time
While we strive to process applications quickly, processing times may vary depending on the complexity of your application and the completeness of your documentation. We do not guarantee specific processing timeframes.
Loan Terms and Conditions
Loan Agreement
If your application is approved, you will receive a loan agreement detailing the specific terms of your loan, including principal amount, interest rate, fees, repayment schedule, and other conditions. You must review and accept the loan agreement before funds are disbursed.
Interest Rates and Fees
Interest rates and fees vary based on multiple factors including creditworthiness, loan amount, loan term, and business characteristics. All applicable rates and fees will be clearly disclosed in your loan agreement before you accept the loan.
Repayment Obligations
You agree to repay the loan according to the schedule specified in your loan agreement. Failure to make timely payments may result in late fees, default interest charges, negative credit reporting, and collection actions.
Prepayment
Prepayment terms, including any prepayment penalties or fees, will be specified in your loan agreement. Some loans may allow prepayment without penalty, while others may include prepayment fees.
Default and Remedies
Default occurs when you fail to meet your obligations under the loan agreement. In the event of default, we may accelerate the loan balance, pursue collection actions, report to credit bureaus, and exercise any other remedies available under the loan agreement and applicable law.
Use of Services
Permitted Use
You may use our services only for lawful purposes and in accordance with these terms. You agree not to use our services in any way that violates applicable laws or regulations, infringes on the rights of others, or interferes with the operation of our services.
Prohibited Activities
You may not: (a) provide false or misleading information; (b) impersonate any person or entity; (c) attempt to gain unauthorized access to our systems; (d) use automated systems to access our services without permission; (e) interfere with or disrupt our services; (f) use our services for fraudulent purposes; or (g) violate any applicable laws or regulations.
Monitoring
We reserve the right to monitor your use of our services to ensure compliance with these terms and to protect our interests and the interests of other users.
Intellectual Property Rights
Ownership
All content, features, and functionality of our website and services, including but not limited to text, graphics, logos, images, software, and design, are owned by Selective Capital or our licensors and are protected by copyright, trademark, and other intellectual property laws.
Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our services for their intended purpose. This license does not include any right to: (a) resell or commercial use of our services; (b) collection and use of product listings or descriptions; (c) derivative use of our services; or (d) downloading or copying of account information.
Trademarks
Selective Capital and our logos are trademarks of our company. You may not use our trademarks without our prior written permission.
Privacy and Data Protection
Privacy Policy
Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these terms by reference. By using our services, you consent to our data practices as described in the Privacy Policy.
Data Security
While we implement reasonable security measures to protect your information, we cannot guarantee absolute security. You acknowledge that you provide information at your own risk.
Communications
By using our services, you consent to receive communications from us electronically, including emails, text messages, and notifications through our platform. You agree that all agreements, notices, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.
Third-Party Services and Links
Third-Party Providers
We may use third-party service providers to facilitate our services, including payment processors, credit bureaus, and technology providers. Your interactions with these third parties are governed by their respective terms and privacy policies.
External Links
Our website may contain links to third-party websites. We are not responsible for the content, accuracy, or practices of these external sites. Your use of third-party websites is at your own risk and subject to their terms and conditions.
No Endorsement
The inclusion of any link does not imply our endorsement of the linked site or its content. We disclaim all liability for any harm resulting from your use of third-party websites or services.
Disclaimers and Limitations of Liability
Service Availability
We strive to maintain continuous availability of our services, but we do not guarantee uninterrupted or error-free operation. Our services are provided 'as is' and 'as available' without warranties of any kind, either express or implied.
No Warranty
We disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our services will meet your requirements or that any errors will be corrected.
Limitation of Liability
To the maximum extent permitted by law, Selective Capital and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising from your use of our services.
Maximum Liability
Our total liability to you for any claims arising from or related to these terms or our services shall not exceed the amount of fees you have paid to us in the twelve months preceding the claim.
Financial Advice Disclaimer
We are not financial advisors. Any information provided through our services is for informational purposes only and should not be construed as financial, legal, or tax advice. You should consult with qualified professionals before making financial decisions.
Indemnification
Your Indemnification Obligation
You agree to indemnify, defend, and hold harmless Selective Capital and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from: (a) your use of our services; (b) your violation of these terms; (c) your violation of any rights of another party; or (d) any false or misleading information you provide.
Dispute Resolution
Governing Law
These terms shall be governed by and construed in accordance with the laws of the United States and the state in which our principal office is located, without regard to conflict of law principles.
Arbitration Agreement
Any dispute, claim, or controversy arising out of or relating to these terms or our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in the jurisdiction of our principal office.
Class Action Waiver
You agree that any arbitration or legal proceeding shall be conducted on an individual basis and not as a class action, consolidated action, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.
Exceptions to Arbitration
Either party may seek injunctive or other equitable relief in court to protect intellectual property rights or confidential information without first engaging in arbitration.
Informal Resolution
Before initiating arbitration, you agree to first contact us to attempt to resolve the dispute informally. We will attempt to resolve disputes in good faith.
Termination
Termination by You
You may terminate your account at any time by contacting us. Termination does not relieve you of any obligations under existing loan agreements or other contractual commitments.
Termination by Us
We reserve the right to suspend or terminate your access to our services at any time, with or without cause or notice, including if we believe you have violated these terms or engaged in fraudulent or illegal activity.
Effect of Termination
Upon termination, your right to use our services will immediately cease. All provisions of these terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity obligations, and limitations of liability.
Compliance with Laws
Regulatory Compliance
Our lending activities are subject to federal and state lending laws and regulations. We comply with all applicable laws, including the Truth in Lending Act, Equal Credit Opportunity Act, Fair Credit Reporting Act, and state licensing requirements.
Anti-Money Laundering
We maintain anti-money laundering and know-your-customer procedures in compliance with applicable laws. We may request additional documentation to verify your identity and business legitimacy.
Your Compliance
You agree to comply with all applicable laws and regulations in connection with your use of our services and any loan proceeds you receive.
Miscellaneous Provisions
Entire Agreement
These terms, together with our Privacy Policy and any loan agreement you enter into, constitute the entire agreement between you and Selective Capital regarding our services and supersede all prior agreements and understandings.
Severability
If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
Waiver
Our failure to enforce any right or provision of these terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative.
Assignment
You may not assign or transfer these terms or your rights and obligations under them without our prior written consent. We may assign these terms and our rights and obligations without restriction.
Force Majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or government actions.
Notices
All notices required or permitted under these terms shall be in writing and delivered by email to the address you provided or by posting to our website. Notices to us should be sent to our contact address provided on our website.
Headings
The section headings in these terms are for convenience only and have no legal or contractual effect.
Contact Information
Questions and Support
If you have any questions about these Terms & Conditions or need assistance with our services, please contact us through our contact page. Our customer support team is available to help you understand your rights and obligations under these terms.
Legal Inquiries
For legal inquiries or formal notices, please contact our legal department through the contact information provided on our website. We will respond to all inquiries in a timely manner.
Agreement Acknowledgment
By using Selective Capital's services, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions. If you have any questions or concerns, please contact us before using our services.
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