Terms & Conditions
AD Capital Finance
Please review these terms and conditions, which constitute a binding license agreement that sets forth the conditions of access and use of the Services (as defined in the Online Privacy Notice) (this “Agreement”). If you do not wish to be bound by this Agreement after you have read it, please leave the Services. If you continue using the Services, or return thereafter, you agree to be bound by the terms and conditions set forth in this Agreement, as amended.
All material that appears on or in the Services, including any software programs available and the data generated thereby (collectively, the “Content”), is protected by intellectual property laws and is the sole and exclusive property of AD Capital Finance. You are hereby granted a nonexclusive license to use the Content appearing on or in the Services, but only while accessing the Services. You are also granted a limited license to print out copies of any Content posted or generated with the Services, but only for your personal use or use within your business, you have no right to alter any Content. Except as expressly provided above, all rights are reserved.
Among other things, except to the extent required for the limited purpose of reviewing Content using the Services, electronic reproduction, adaptation, distribution, performance or display is prohibited. Commercial use outside of your internal business operations of any of the Content appearing on, or generated through, our Services is strictly prohibited. Use of our trademark as a metatag on other web sites is also strictly prohibited.
We may terminate, change, extend or discontinue any aspect of the Services, including the availability of any features of the Services, at any time, without prior notice to you.
You may not send unsolicited email or other communications to the Services or to anyone whose email address includes the domain name used with the Services. We do not want you to, and you should not, send any confidential or proprietary information to us via the Services, except for certain information that we request during any application process or that is otherwise expressly intended to be sent and collected through the Services as set forth in another agreement we may have with you. All information or ideas submitted to us via the Services shall become and remain our property and we shall be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in the information you submit without obligation to consult or compensate you.
If applicable, you agree not to share or disclose your user names and passwords (“Access Codes”) with any other person or entity. Access Codes are confidential and personal and shall not be disclosed to any third party without our prior written authorization. Use of any of our Services requiring an Access Code (“Access Site”) is limited to those to whom we issue Access Codes and who utilize the Access Site for lawful business purposes. Your use of the Access Site is subject to the terms of this Agreement and the terms of any other agreement we may have with you regarding access. If you violate any of these terms, your permission to use the Services may be terminated.
As a convenience to you, we may provide links to third party websites, applications or services. We have no control over the privacy practices, security standards or content of, and make no representations about any content or material available at, any third party website, application or service. Links do not imply that we have reviewed, sponsor, endorse, or are affiliated with the third party.
We reserve the right, in our sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time without prior notice to you. Changes in this Agreement will be effective immediately upon posting such changes, unless otherwise noted. Your continued use of our Services is conditioned on your acceptance of the then current terms and conditions of use. You are bound by such provisions and should therefor periodically visit this page to review the then current terms and conditions of use.
Your access to the Services is conditioned on your adherence to the terms of this Agreement. If you violate any of the terms of this Agreement, you agree that we may deny you access to the Services. You further agree, at your expense, to defend and indemnify us and hold us harmless against any and all claims which may be asserted against us and all losses incurred as a result of any violations of this Agreement. If asked to do so, you agree that you will not attempt to access the Services.
Disclaimer of Warranties
We do not offer any warranties or make any representations about any of the content that may be obtained at or through the services. We hereby disclaim all warranties, expres or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, title and non infringement. The services are made available to you “as is, with all faults” and on an “as available” basis without any warranties, representations or guarantees whatsoever about the nature, content, correctness, reliability, completeness, accuracy or timeliness of any content located at, received from, or generated through, the services. In addition, we make no representation, warranties or guarantees that the services will be secure or accessible continuously, without interruption or error-free. To the extent that you might otherwise believe that any warranties or guarantees or representations have been made to you, you hereby agree that such statements, whether made orally or in writing, are to be construed as merely nonbinding expressions of policy rather than affirmative representations, obligations, guarantees or warranties.
Limitation of Liability
We shall have no liability with respect to any obligations under this agreement or for your use of the services and the content provided therein, or for any direct, indirect, consequential, exemplary, special, incidental or punitive damages even if we have been advised of the possibility of such damages. This limitation of liability applies to all causes of action, including without limitation, breach of contract, breach of warranty, negligence, strict liability, misrepresentations, and other torts, including by example, without limitation, lost revenue, profit or data, failure of performance, error, omission, defect, delay in transmission or operation, computer virus, business interruption and the like.
Except as otherwise provided for herein or as provided for in any other written agreement we may have with you, this Agreement constitutes the entire agreement between you and us relating to your access to and use of the Services and supersedes any prior or contemporaneous representations or agreements, including all prior versions of this Agreement. Any rights not otherwise expressly granted by this Agreement are reserved by us. This Agreement may not be modified, either expressly or by implication, except as permitted herein.
All disputes arising out of or relating to this Agreement or our operation of the Services shall be resolved in the courts located in Lee County, Florida. All such disputes shall be governed by and construed in accordance with the substantive and procedural laws of the State of Florida without regard to its conflict of laws provisions.
If any portion of this Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portions shall be construed as narrowly as possible in order to give effect to as much of the Agreement as possible.