Introduction

 

This is an agreement for online service between you and cashmaxcapital.com and by accessing this website, and any sub-sites of this website (together the “Site”), and/or using any of the services (as defined below) accessible though the site, you become a user and agree to, and are bound by, the terms and conditions of this agreement and Cashmaxcapital.com's Privacy Policy (collectively, “Terms”) for as long as you continue to use the site or our services. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, DO NOT USE THE SITE OR THE SERVICES. Your use of, or participation in, certain services may be subject to additional terms, and such terms will be either listed in the Terms or will be presented to you for your acceptance when you sign up to use such services or purchase such products. Please check these Terms periodically for changes because we reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms. Your continued use of the site following the posting of changes will mean that you accept and agree to the changes. 

 

As used in these Terms, the following words shall have the following meanings. “Cashmaxcapital.com” includes “Cashmaxcapital”, “we”, “us” and variations such as “our”. “service” includes the products, services and any software that you order, receive or access as part of your use of this Site.

 

THESE TERMS STATE THAT DISPUTES IF ANY ARISE BETWEEN YOU AND CASHMAXCAPITAL.COM MUST BE RESOLVED FIRST WITH HELP OF BINDING ARBITRATION, AND THAT YOU WAIVE THE RIGHT TO PARTICIPATE IN ANY LEGAL ACTIONS OR CLASS ACTION IN THE COURT OF LAW AND ALSO AGREE NOT TO ACCESS REMEDIES FROM COMPITANT CIVIL OR CRIMINAL COURTS WITHOUT FIRST EXERCISING ALL REMEDIES PROVIDED UNDER THIS AGREEMENT AND THIS APPLIES TO ALL INTERACTIONS BETWEEN YOU AND CASHMAXCAPITAL.COM. 

 

Description of Services

 

Cashmaxcapital.com engages in several business and commercial services (the “services”) for which a customer may use the Site. Cashmaxcapital.com reserves the right to cancel a portion of any of our services at any time without any notice.

 

Marketplace Services

 

First, Cashmaxcapital.com matches qualified small business owners & capital borowers with it's lending partners, affiliates including private lending sources, banks, credit unions, finance corporations and other (the “Marketplace Services”). Through proprietary matching technology, Cashmaxcapital.com helps business owners to identify the business loan category and specific lender(s) that offer the best opportunity for that business owner to prepare for and acquire a business loan or finance. Once prepared, small business owners or borowers are then introduced to the most appropriate lending source via our proprietary technology

 

Referral Services

 

Second, Cashmaxcapital.com also provides referral service offered via affiliated trusted partners (third party service) that may assists borower or business owner with their needs in getting finance, managing business credit and financial management as per their terms and conditions. The service begins on the date you sign up for the service with the provider and finishes on the final day as per the agreement between both parties.

 

Free Membership

 

The Cashmaxcapital.com grants free Membership to the Business Owners, Property Investors and Borowers to access it's lending resources. 

 

A member/customer can submit unlimited number of transactions or loan requests;

 

Only members can introduce their friends, family members or other business owners in their communities to help them out if they really need our service or help.

 

Other miscellaneous services

 

Cashmaxcapital.com may add additional products and services over time, and these Terms of Use shall apply to those additional services.

 

Use of Site and Service:

 

As a user of the site or a user registered to use any of the services (a “Registered User”), you agree to the following:

 

Exclusive Use. Your account is to be used only by you and only for your business needs. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Cashmaxcapital.com is not responsible for third-party access to your account that results from theft or misappropriation of your user name and passwords.

 

Information Submitted. You are solely responsible for, and assume all liability regarding (i) the information and content you provide through your use of the site and any services, (ii) the information and content you make available in any manner through the service, and (iii) your interaction with any and all third-parties. Any attempt to enter information to create a duplicate account will be rejected and your account will be put on hold.

 

Risk Assumption and Precautions. You assume all risk when using the services, including but not limited to all of the risks associated with any interactions with third-parties, including but not limited to any lenders to which you are matched, referred or introduced.

 

No Guarantees. Cashmaxcapital.com may not be able to provide service for every requests it receives from individual or business seeking by use of our services. Cashmaxcapital.com does not make any guarantees as to the number of matches of funding options or suitability of the funding & lending terms for any borrower, investor or business owner which utilizes the services.

 

No False Information. You agree to provide accurate, true, current and complete information. In the event that we determines that the information that is provided is incomplete, fraudulent, false, or otherwise inaccurate, Cashmaxcapital.com reserves the right to terminate your access to the services.

 

Legal Purpose. You agree to not use the site or services for any illegal purposes. You will only use the site or service in accordance with any federal, state and local laws prevailing in your jurisdiction.

 

Purpose and Use. You agree to use the site & services for a bona fide business purpose only. You agree strictly to use the site or services for your personal, family or Individual household purposes. You may not use the site or services to obtain information about or make decisions about anyone other than yourself and/or your business.

 

Intellectual Property Rights:

 

Ownership of Proprietary Information. You hereby acknowledge and agree that Cashmaxcapital.com is the owner of all rights in and to the site and services. Federal, state, and local laws and regulations protect these proprietary rights. You are permitted to use the site and services only as expressly authorized by these Terms. You may not copy, reproduce, distribute or create derivative works, reverse engineer or reverse compile any of the site or services or technology.

 

No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) confidential information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the site or services, without first obtaining the prior written consent of the owner of such proprietary rights.

 

License to Provided Content. By providing information or content to any account or public area of the site or service, you automatically grant, and you represent and warrant that you have the right to grant, to Cashmaxcapital.com and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test or implement new features or services on the site in which you may voluntarily choose to participate, in accordance with the additional terms and conditions of such features or programs. By your voluntary participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or services.

 

Links to Third Party Websites and Dealings with Advertisers and Sponsors:

 

The site and services may contain links to websites of third-parties, including without limitation, advertisers, which are not under the control of Cashmaxcapital.com, and we are not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such websites. Cashmaxcapital.com provides these links to you as a convenience, and the inclusion of any link does not imply that we endorses or accepts any responsibility for the content on such third-party websites. Your correspondence or business dealings with, or participation in promotions of, advertisers or third-parties found on or through the site or services are solely between you and such advertiser or third-party. You agree that Cashmaxcapital.com will not be responsible or liable for any loss or damage of any sort incurred as the result of the presence of such advertisers on the site or services. Please visit our Privacy Policy to learn more about how we use your information.

 

Disclaimer of Warranty:

 

No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. "CASHMAXCAPITAL.COM" PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CASHMAXCAPITAL.COM DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. CASHMAXCAPITAL.COM DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES. Third party content. Third-Party Content. Opinions, advice, statements, offers, or other information or content made available through the site or services, but not directly by Cashmaxcapital.com, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. CASHMAXCAPITAL.COM DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN BY US. UNDER NO CIRCUMSTANCES WILL CASHMAXCAPITAL.COM BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR SERVICES, OR TRANSMITTED TO OR BY ANY USERS OR MEMBERS.

 

App & Additional Features & Tools. Cashmaxcapital.com may offer new “App” & "Additional Features" or "Tools" with which its users may experience as an extention of the site or services. Such app, features or tools are offered solely for experimental purpose or conveniency and without any warranty of any kind, and those app, features or tools may be changed, modified or discontinued at Cashmaxcapital.com’s sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such App, Additional Features & Tools.

 

Limitation of Liability:

 

Incidental Damages and Aggregate Liability. IN NO EVENT WILL CASHMAXCAPITAL.COM BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF CASHMAXCAPITAL.COM KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL CASHMAXCAPITAL.COM’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS TERMS OR THE USE OF THE SERVICES OR SITE, EXCEED THE PRICE PAID BY YOU TO CASHMAXCAPITAL.COM FOR YOUR ACCOUNT OR SUBSCRIPTION, OR, IF YOU HAVE NOT PAID CASHMAXCAPITAL.COM FOR THE USE OF ANY SERVICES, THE AMOUNT OF USD $25.00 OR ITS EQUIVALENT. NO LIABILITY FOR NON-ACTIONS BY CASHMAXCAPITAL.COM ARISES IN ANY CIRCUMSTANCES WHATSOEVER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL CASHMAXCAPITAL.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THIS SITE & IT'S SERVICES.

 

Information Verification. Cashmaxcapital.com and its staff, partners, agents, consultants or contractors may use various methods of verifying information that users have provided. However, none of those ways are perfect, and you agree that Cashmaxcapital.com and its  staff, partners, agents, consultants or contractors will have no liability to you arising from any incorrectly verified information.

 

Indemnification:

 

You agree to indemnify, defend and hold harmless Cashmaxcapital.com, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of (i) your use of or inability to use the site or services, (ii) any user postings made by you, (iii) your violation of any terms of these Terms or your violation of any rights of a third-party, or (iv) your violation of any applicable laws, rules or regulations. Cashmaxcapital.com reserves the right, at its own discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

 

Dispute Resolution by Binding Arbitration:

 

In the interest of resolving disputes between you and Cashmaxcapital.com in the most expedient and cost-effective manner, you and Cashmaxcapital.com agree that either party, at any time, may opt to adjudicate their disputes first through binding arbitration instead of in courts of general jurisdiction (“Agreement to Arbitrate”). Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, condenses discovery, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s claim(s). Any relief awarded cannot affect other users.

 

You further agree and understand that any and all disputes, whether heard before an arbitrator or any court of competent jurisdiction, shall be done solely on an individual basis, and that you affirmatively waive your right to participate in a class action to resolve any dispute (as defined below) that you may have with Cashmaxcapital.com.

 

You understand that by entering into this agreement, you and Cashmaxcapital.com are each waiving the right to a trial by jury or to participate in a class action:

 

Claims To Be Resolved By Binding Arbitration. You and Cashmaxcapital.com agree to arbitrate first all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before this or any prior Terms; claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of these Terms.

 

Exceptions. You and Cashmaxcapital.com agree that no statement herein shall be deemed to waive, preclude, or otherwise limit either party’s right to (i) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available; (ii) seek injunctive relief in any competent court of law; or (iii) to file suit in a court of law to address intellectual property infringement claims.

 

Arbitrator. Any arbitration between you and Cashmaxcapital.com will be governed by the Alternative Dispute Resolution Procedures & Rules based on prevailing Arbitration Laws  administered in the Jurisdiction where Cashmaxcapital.com has it's registered address.

 

Notice and Process. A party who intends to seek arbitration must first send to the other, by certified mail or registered email a written Notice of Dispute (“Notice”).The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and Cashmaxcapital.com do not reach an agreement to resolve the claim within 90 days after the Notice is received, you or Cashmaxcapital.com may commence an arbitration proceeding.

 

Fees. In the event that you commence arbitration in accordance with these Terms, Cashmaxcapital.com and you will equally pay respective part of payment of the arbitration filing fees, unless your claim is for greater than $5,000, in which case the payment of any fees shall be decided as per the Arbitration Rules of that jurisdiction. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous or brought for an improper purpose (as measured by the standards set forth in arbitration, civil laws, legal procedures and rules of that same jurisdiction. you agree to reimburse Cashmaxcapital.com for all fees associated with the arbitration paid by Cashmaxcapital.com or would be obligated to pay.

 

If your claim is for $5,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or as permitted in that jurisdiction.

 

If any in-person arbitration hearings will take place, the place, jurisdiction and the manner in which the arbitration is conducted, will be the place where cashmaxcapital.com has it's registered address. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 30 days of the arbitrator’s ruling on the merits.

 

YOU AND CASHMAXCAPITAL.COM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING:

 

Opt-Out. If you are a Cashmaxcapital.com user, you can choose to reject the arbitration agreement contained herein, by mailing us a written opt-out notice (“Opt-Out Notice”). The Opt-Out Notice must be time stamped no later than fifteen (15) days after the date you accept these Terms for the first time. 

 

The Opt-Out Notice must contain your name, address (including street address, city, state and zip code), and the user name(s) and email address(es) associated with the Cashmaxcapital.com account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Terms will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

 

Modifications. If Cashmaxcapital.com makes any future change to this Agreement to Arbitrate, you may reject any such change by sending us written notice within 15 days of the change to the to us provided above. You acknowledge and agree that, in the event you reject any future change, your account with Cashmaxcapital.com shall be immediately terminated and you will arbitrate any dispute between us in accordance with the language of this agreement provisions.

 

Severability and Enforceability. If an arbitrator or court decides that any part of any sections herein is invalid or unenforceable, the other parts of this agreement shall still applys. If the entirety of these sections is found to be unenforceable, then the parties agree that the exclusive jurisdiction and venue described in agreement shall govern any action arising out of or related to these Terms, and that the remainder of the Terms will continue to apply.

 

Telephone communications and agreement to be contacted:

 

Recording and Monitoring. You acknowledge that telephone calls to or from Cashmaxcapital.com, together with its agents and affiliates, may be monitored and recorded and you agree to such monitoring and recording.

 

Providing Telephone Numbers and Other Contact Information. You verify that any contact information provided to Cashmaxcapital.com, including, but not limited to, your name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration or application is false or inaccurate, we may suspend or terminate your account at any time without any notice. Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify us before the change goes into effect by replying STOP to any text message you receive from us, by contacting us notifying in writing by sending such notification via email to contact@cashmaxcapital.com 

 

Your consent to receive automated Calls/Texts/Emails. You acknowledge that by voluntarily providing your contact information, you expressly agree to receive promotional emails, artificial voices, prerecorded voice messages, and/or autodialed calls and text messages (such as SMS, MMS, or successor protocols or technologies) from Cashmaxcapital.com, and third-parties acting on our behalf, related to promotions, your account, any application or transaction, and/or your relationship with Cashmaxcapital.com. You acknowledge that automated calls or text messages may be made to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list. You agree that Cashmaxcapital.com may obtain, and you expressly agree to be contacted at, any email addresses, mailing addresses, or phone numbers provided by you or your representative at any time or obtained through other lawful means, such as skip tracing, caller ID capture, or other means. You agree to receive automated calls and text messages from Cashmaxcapital.com, even if you cancel your account or terminate your relationship with us, except if you opt-out (see below). You understand that you do not have to agree to receive automated promotional calls/texts as a condition of purchasing any goods or services or account creation. If you do not consent, you may contact us via email to contact@cashmaxcapital.com to further inquire about our products and services. To opt-out, please see the Opt-Out Instructions below.

 

Opt-Out Instructions. Your consent to receive automated calls and texts is completely voluntary. You may opt-out at any time. You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt-out immediately or by failing to follow these instructions. Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt out of automated calls, text or email messages, we reserve the right to make non-automated calls to you. It is possible that third parties may have your contact information and you may continue to receive communications from these third parties despite an opt out request. We are not responsible for unwanted contact from third parties. Please contact third parties directly to inform them of your communication preferences.

 

Fees and Charges. There is no fee to receive automated calls or text messages from Cashmaxcapital.com. However, you may incur a charge for these calls or text messages from your telephone carrier, which is your sole responsibility, message and data rates may apply. Check your phone plan and contact your carrier for details. You represent and warrant that you are authorized to incur such charges and acknowledge that Cashmaxcapital.com is not responsible for such charges.

 

Unauthorized Use of Your Devices. You must notify Cashmaxcapital.com immediately of any breach of security or unauthorized use of your details or any device. Although Cashmaxcapital.com will not be liable for losses caused by any unauthorized use of your details or device, you may be liable for our losses due to such unauthorized use.

 

Your Indemnification to Us. You agree to indemnify Cashmaxcapital.com for any privacy, tort or other claims, including claims under the Consumer Protection laws or its state law equivalent, including claims relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify us of any changes in your contact information, including phone number. You agree to indemnify, defend and hold us harmless from and against any and all such claims, losses, liabilities, costs and expenses (including reasonable attorneys’ fees). We shall have the exclusive right to choose counsel, at your expense, to defend any such claims.

 

Release of Claims. In consideration of the services provided by us, you hereby release Cashmaxcapital.com from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities or other harms resulting from or relating to telephone calls or text messages, including without limitation any claims, causes of action, or lawsuits based on any alleged violations of the state and local acts or statutes, and any federal or state tort or consumer protection laws prevailing in your jurisdiction.

 

General. You are responsible for obtaining and maintaining all your devices, equipments, software, internet service providers, mobile service, and other services needed to receive calls text and email messages. Your obligations under this Section will survive termination of these Terms of Service.

 

Terms and Conditions Related To Messages & Electronic Communications:

 

By using Cashmaxcapital.com you agreed to “Opting In” to or using our services, you accept these Terms and Conditions and agree to resolve disputes first with Cashmaxcapital.com through binding arbitration (and with very limited exceptions, not in court), and you waive any right to participate in class actions, all as detailed in this Terms of Use agreement.

 

By using Cashmaxcapital.com you agreed to "Opting In" to Cashmaxcapital.com’s Call/Text/Email Message Service for communication, You also authorize and agree to allow Cashmaxcapital.com to use a Customer Relationship Management softwares (CRM) / autodialer & non-autodialer technology to communicate to the person or business associated by your opt-In.

 

You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number in a family or business plan and that you are authorized to Opt-In.

 

You can cancel our service at any time. Just text by using "STOP" or by emailing us using subject line “STOP” to the short code. After you send the message “STOP” to us, we will send you a message to confirm that you have been unsubscribed. After this, you will no longer receive communication messages from us. If you want to join again, just sign up as you did the first time and we will start sending messages to you again.

 

Carriers are not liable for system failures, delayed or undelivered messages

 

As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about system failures, network outage, delayed or undelivered text or other messages check with your carrier, it is best to contact your tele communication service provider.