1. Private Capital LLC (the “Company”) and its affiliates, (collectively, the “Affiliates”) offers this website (the “Site”) and the Loan Application Form and Broker Contact Form (collectively referred to as the “Forms”) subject to the following terms and conditions (hereinafter referred to as the “Agreement”). By using the Forms, you are accepting the terms and conditions contained herein.
2. The Forms are provided merely as an invitation for information to be submitted. Use of the Forms should not be construed as creating a lender-borrower or lender-broker relationship between you and the Company or its Affiliates and should not be construed as creating a commitment to lend on the part of the Company or its Affiliates. The Company and its Affiliates do not guarantee that information submitted will be reviewed nor does it guarantee that a representative of the Company or its Affiliates will contact you regarding your submission.
4. By using the Forms, you are certifying that your submission is not prohibited by any confidentiality obligations, employment agreement, or similar contractual obligation. You expressly agree and acknowledge that the information submitted is truthful and does not contain misleading or false statements. You further agree and acknowledge that you have proper authorization to submit the Form and discuss its contents with the Company and its Affiliates, the Company’s or its Affiliates’ employees, and/or the Company’s or its Affiliates’ representatives.
5. By using the Forms and submitting the information, you represent and warrant that you own or otherwise control all of the rights to the content that you provide (or if you are acting on behalf of an entity, that you have the authority to submit the information), that the content is accurate, and that it does not violate the terms of this Agreement. You grant the Company and its Affiliates a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from all information you provide, in any form, media, software, or technology of any kind now existing or developed in the future. Without limiting the generality of the foregoing, you authorize the Company and its Affiliates to include the information in a searchable format that may be accessed by the Company and its Affiliates. You also grant the Company and its Affiliates the right to use your name and other information that you provide in connection with its use and with the reproduction or distribution of such material. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
6. To the fullest extent permitted by law, the Company and its Affiliates exclude all representations and warranties relating to the use of the Forms. To the fullest extent permitted by law, the Company and its Affiliates exclude all liability for damages arising out of or in connection with your use of the Forms. This includes, without limitation, direct loss, loss of business or profits, whether or not the loss of such business or profits was foreseeable, arose in the normal course of business, or whether or not you advised the Company or its Affiliates of the possibility of such potential loss.
7. In the event that any provision of this Agreement is found invalid or unenforceable by a court of law or other appropriate authority, the invalidity or unenforceability of such provision shall not affect the other provisions of this Agreement which shall remain in full force and effect.
8. This Agreement shall be deemed to have been made and shall be governed by the laws of the State of Nevada, U.S.A., except for patents, trademarks and copyrights, which shall be governed by and under the applicable patent, trademark and copyright laws.
9. By using the Forms or any product, service, or functionality originating from your use of the Website (defined herein) or services offered by the Company and its Affiliates, you are allowing the Company and its Affiliates to share information with any third parties with whom the Company and its Affiliates have a pertinent contractual relationship—any information necessary to facilitate its provision of products, services, or functionality to you.
10. The Company and its Affiliates reserve the right to change the terms, conditions, and notices under which this website is offered. The Company and its Affiliates shall have the right, at its discretion, to change, modify, add or remove terms of this Agreement at any time without notice. Changes shall be effective immediately. You agree to review this Agreement periodically. Your use of this website or the Forms constitutes your continued acceptance of the terms and conditions of this Agreement.
11. AT THE COMPANY’S ELECTION, TO BE ENTERED IN ITS SOLE DISCRETION, ANY LEGAL SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, ANY APPLICATION, OR OTHER USE OF THE SITE SHALL BE INSTITUTED IN ANY FEDERAL OR STATE COURT IN NEVADA, AND BORROWER WAIVES ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING, AND HEREBY IRREVOCABLY SUBMITS TO THE JURISDICTION OF ANY SUCH COURT IN ANY SUIT, ACTION OR PROCEEDING.
12. BY USING THE FORMS, YOU HEREBY UNCONDITIONALLY AND IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, COUNTERCLAIM, OR CROSS-CLAIM ARISING IN CONNECTION WITH, OUT OF, OR OTHERWISE RELATING TO THE USE OF THE FORMS, THE WEBSITE, ANY TRANSACTION ARISING THEREFROM OR RELATED THERETO, OR ANY DISPUTE INVOLVING YOU AND THE COMPANY. FURTHER, EXCEPT AS PROHIBITED BY LAW, USE OF THE FORMS CONSTITUTES YOUR ACKNOWLEDGEMENT AND AGREEMENT THAT THIS SECTION 12 IS A SPECIFIC AND MATERIAL ASPECT OF THIS AGREEMENT AND THAT THE COMPANY WOULD NOT OFFER THE FORMS IF THIS SECTION 12 IS NOT A PART OF THIS AGREEMENT.