CapFusion Online, the CapFusion service and website are operated by CapFusion, LLC, a Kansas Limited Liability Company (“CapFusion”). CapFusion is in the business of providing customers with small business loans, financing recommendations, business performance reports and related services. In connection with the provision of the CapFusion service, users may choose to submit financial information from their online banking account to CapFusion. CapFusion uses this information to monitor the performance of CapFusion users on an on-going basis, and also uses it as part of the criteria in its lending decisions for those users that choose to apply for a loan. CapFusion is not a broker, investment advisor or financial planner, and we do not provide financial, securities, legal or tax advice. Before making any decision or implementing any strategy you should consider obtaining additional information and advice from your accountant, attorney, and ⁄ or other advisors.
Accepting the Terms
By using the information, tools, features and functionality located at CapFusion.com or subdomains (the “Website” and such information, tools, features and functionality, the “Service”), you agree to be bound by these terms and conditions (the “Agreement”). You must read this Agreement in its entirety and indicate your acceptance with the terms and conditions contained herein.
You may not use the Service and you may not accept this Agreement if you are under 18 years of age. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a copy of this Agreement for your records.
Privacy and your Personal Information
Account Information from Third Party Sites
With the Service, users may direct CapFusion to retrieve their own or their company’s information maintained online by third-party financial institutions with whom they have customer relationships, maintain accounts or engage in financial transactions (“Account Information”). CapFusion may work with one or more online financial service providers under contract to access this Account Information.
CapFusion may review the Account Information for accuracy, legality and/or non-infringement. CapFusion cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. CapFusion cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization. You hereby acknowledge that CapFusion makes no representations or warranties with respect to the Service.
You are permitted to use content delivered to you through the Service only on the Service. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the Service technology, including but not limited to, any Java applets associated with the Service.
Rights You Grant to CapFusion
As the owner of the information you provide to us through the Service (your “User Account Information” and along with Account Information, your “User Information”), you are licensing the User Information to CapFusion for the purpose of providing the Service. CapFusion may use such User Information to display, distribute, and create new material incorporating such User Information. By submitting User Information, you represent that you are the owner of the User Information and are entitled to submit it to CapFusion for use for this purpose, without any obligation by CapFusion to pay any fees or other limitations and without any particular time limit.
By using the Service, you expressly authorize CapFusion to access your User Information maintained by identified third parties and to directly connect to the Website for the third party you have identified, on your behalf. CapFusion will submit User Information that you provide to log you into the site and retrieve your User Information. You hereby authorize and permit CapFusion to use User Information submitted by you to the Service to accomplish the foregoing and to configure the Service so that it is compatible with the third party sites for which you submit your information.
For purposes of this Agreement, you grant CapFusion and its service providers access to third party sites to retrieve, review, and use your User Information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service, and you hereby agree to release CapFusion and its service providers from any claims arising out of the use of your User Information contemplated herein.
Credit Profile Authorization
You certify that (i) you are authorized on behalf of the company whose name you have entered to sign up for the Services and (ii) all information you provide is true, correct and complete and that you will notify us of material changes to such information. You understand and agree that we and our agents and assignees are authorized to contact third parties to make credit report inquiries (including requesting business and personal credit bureau reports from credit reporting agencies and other sources) or for any other lawful purpose. Upon your written request, we will advise you if we obtained a credit report. You understand and agree that CapFusion is making no commitment or guarantee that any product, evaluation, or guidance provided by CapFusion will result in an approval for credit from CapFusion or any third party.
By choosing to access CapFusion’s Services via the internet, you hereby consent to receive by electronic means this Agreement and any and all disclosures and/or notices required to be given by applicable law or regulation. You also consent to allow CapFusion to respond to any inquiries by e-mail regardless of the format of the original inquiry.
To electronically receive, view, and save the Agreement, you must have a personal computer equipped with Firefox 2.0 or Microsoft Explorer 6.0 or later versions, and either a printer, a hard drive, or other storage device. You must also have a valid email address. You must notify us if your email address changes. To notify us of your new email address, please log on to the Website and update your email address in the “My Profile” section.