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Ownership
This website is owned and operated by Capital Center, LLC dba CapCenter, herein referred to as “CapCenter,” “we,” “our,” or “us.”
Use
By using this website, you, as the user of this website, agree to the Terms of Use set forth here. You are not permitted to use this website, and all content or materials included herein, if you do not agree to all of the Terms of Use each time you use this website. These Terms of Use constitute a legal contract between you and CapCenter.
You agree that you will not use this website, or any part of this website, unless you are at least eighteen (18) years of age. This website is not directed to minor children, nor is it intended for use by minor children.
You agree that you will not use this website, or any part of this website, in any manner that is unlawful, harmful, abusive, or otherwise prohibited; that infringes upon the rights of another or impersonates another; that interferes with CapCenter’s ability to conduct business; or that degrades the reputation of CapCenter.
You agree that any information you submit, or representations you make, on behalf of another through this website is done with the express, legally valid authorization and consent of that individual.
Accuracy of Information Provided to Us
You agree that any information that you provide to us through this website and upon which CapCenter relies in providing a service to you is true, complete, and accurate.
Consents
CapCenter is committed to providing exceptional service. To that end, we may request that you respond to a survey or provide a testimonial about your experience working with us. All responses received shall be the property of CapCenter. You consent to our use and publication at our sole discretion and, subject to applicable law, you relinquish any rights you may have to any ideas, suggestions, or other content provided in your response to us.
For quality assurance purposes, your telephone communications with CapCenter may be recorded or monitored. By communicating with CapCenter by telephone, you consent to the recording and monitoring of such communications.
Conduct Business Electronically
By providing your information to us through our website, you consent to conduct business with us electronically. You agree to provide us with your information electronically, to the extent feasible and in accordance with our Privacy Policy, and to receive information, notices, and disclosures from us electronically. You agree to the use of electronic signatures. You may withdraw your consent to conduct business with us electronically by notifying us by email at customerservice@capcenter.com or by calling us at 1 (800) 968-5844. If you withdraw your consent to conduct business electronically, your transaction may be delayed due to a need to send and receive documents by mail. Accordingly, you may be responsible for costs associated with the extension of your closing date, if applicable. At your request within a reasonable time frame, we will provide you a paper copy of any electronic record pertaining to your transaction at no cost to you.
Contact Methods And Opt-Out
By providing your contact information through our website, including but not limited to in connection with an inquiry for the extension of credit, you agree to our Privacy Policy and these Terms of Use. You expressly consent to receive transactional and marketing communications from us by telephone, voicemail, email, and text message at the telephone number(s) and/or email address(es) provided by you. By providing your telephone number to us, you expressly agree that we may call or send a text message to you at that number using an automated telephone dialing system (or auto-dialer) and we may use an artificial or prerecorded voice message when the call is connected. You do not have to agree to receive marketing communications from us in order to receive the goods or services we offer. You may opt-out of marketing communications at any time by sending an email to customerservice@capcenter.com or by calling us at 1 (800) 968-5844. You may opt-out of marketing email messages by visiting our unsubscribe page or opt-out of marketing text messages by replying STOP to the message.
In addition, by providing your contact information to us, you agree to arbitrate any claims related to the Telephone Consumer Protection Act (“TCPA”), 17 U.S.C. § 227 and you expressly waive your right to bring or participate in class proceedings against us. This agreement to arbitrate and class action waiver will survive the termination of any underlying contract with us.
Modification and Monitoring of Website
CapCenter reserves the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. We suggest that you check these terms periodically for changes. The terms can be accessed from the link at the bottom of our website pages . If you use this website after we post changes to the terms, you accept the changed terms. In addition, CapCenter reserves the right to update, modify, add, or remove all other content, services, products, and materials on this website or available through this website at any time without notice.
CapCenter expressly reserves the right to monitor any and all use of this website.
Copyrights and Restrictions on Use of Materials
CapCenter owns and operates this site. “CapCenter” and the respective logos, emblems, slogans, and designs are trademarks and/or service marks of CapCenter.
All other marks used on this website are the property of their respective owners.
You acknowledge and agree that all content, pages, source code, calculations, products, materials, data, text, screens, functionality, services, design, layout, screen interfaces, “look and feel,” and the operation of this website are protected by intellectual property laws, including but not limited to copyrights, patents, trade secrets, trademarks, and service marks and all rights associated with the foregoing are owned by CapCenter or its content providers.
You agree that you may not:
· Copy, reproduce, republish, upload, post, transmit, or distribute in any way material from CapCenter's website or any website owned, operated, licensed, or controlled by CapCenter, except as specifically stated below under Limited Licenses.
· Copy, modify, or display CapCenter's name, logo, text, or graphic images in any way without CapCenter's express written permission except as set forth in Limited Licenses.
· Redeliver any of the pages, text, images, or other content of CapCenter's website using "framing" technology without CapCenter's express written permission.
· Modify or use the pages, text, images, or other content from CapCenter's website for any other purpose; doing so is a violation of CapCenter's copyrights and other proprietary rights.
· Use devices (including software) that are designed to provide repeated automated access to CapCenter sites other than those made generally available by us. CapCenter reserves the right to take all measures necessary to prevent such access, including denial or termination of service.
Limited Licenses for Individuals
Individuals may, for personal use, bookmark or point to any page within CapCenter's website.
Limited Linking License for Other Users and Sites
Other users and sites may include a link to CapCenter's website
· In a simple list of companies, by pointing to CapCenter's homepage (www.capcenter.com).
· In a list of companies that offer descriptions along with links.
This Limited License entitles other users and sites to link to CapCenter's homepage (www.capcenter.com) only. Linking to other content within CapCenter's website is prohibited without CapCenter's express written permission. This Limited License expressly prohibits the framing of CapCenter's content in any way or any other activity that may create a misimpression or confusion among users with respect to sponsorship or affiliation. Any site offering a link to CapCenter's website under this Limited License must deliver CapCenter's homepage address (www.capcenter.com).
Downloading Information
If you download information from CapCenter's website under these terms, the software-including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") is licensed to you by CapCenter for your personal use. However:
· CapCenter does not transfer title to the Software to you.
· You own the medium on which the Software is recorded, but CapCenter retains full and complete title to the Software, and all intellectual property rights therein.
· You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to any other form whatsoever.
Third Party Content
CapCenter is in no way responsible for the content of any site owned by a third-party that may be linked to CapCenter’s website via hyperlink, whether such hyperlink is provided by CapCenter or by a third-party. No judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any site to which www.capcenter.com may link. CapCenter takes no responsibility therefore. By providing access to other websites, neither CapCenter nor its affiliates recommends or endorses services provided by any website’s sponsoring organization.
Disclaimers
• There are no implied or expressed warranties on the materials in this site; the materials are provided "as is."
• CapCenter and its affiliates disclaim, to the fullest extent of the law, any warranty of any kind, whether express or implied, as to any matter whatsoever relating to this service, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and noninfringement. Use of this service is at your own risk.
• CapCenter and its affiliates intend that the information contained in this service be accurate and reliable; however, errors sometimes occur. CapCenter does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the servers that make it available are free from viruses or other harmful components.
• CapCenter does not warrant or represent that the materials in this site are correct, accurate, or reliable. You (and not CapCenter) assume the entire cost of all necessary servicing, repair, or correction of your property or operations as a result of using this website.
• By using www.capcenter.com, you accept at your own risk that the Internet and online communications medium may not perform as intended despite the efforts of CapCenter, your Internet service provider, and you.
• If you live in a state that does not allow disclaimers of implied warranties, our disclaimer may not apply to you.
• The content on this website is provided for informational purposes only. Nothing on this website is intended to serve as legal advice and should not be construed as such. Nothing on this website is intended to serve as a commitment to lend or rate lock agreement and should not be construed as such.
Limitation of Liability
CapCenter and its affiliates are not liable under any circumstances, including but not limited to negligence, for any special or consequential damages that may result from the use of, or the inability to use, the materials on this site, even if CapCenter or an authorized representative has been advised of the possibility of such damages. CapCenter and its affiliates are not liable for damages or injury, including but not limited to damages or injury caused by any performance, failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information, whether resulting, in whole or in part, from breach of contract, tortious behavior, negligence, or otherwise. If you live in a state that does not allow the limitation or exclusion of liability or incidental or consequential damages, the above limitation or exclusion may not apply to you. In no event shall CapCenter's total liability to you for damages, losses, and causes of action-whether in contract, tort (including, but not limited to, negligence), or otherwise-exceed the amount paid by you, if any, for accessing CapCenter's site.
Jurisdictional Issues and Applicable Law
Unless otherwise specified, CapCenter controls and operates this site from our offices within the Commonwealth of Virginia and the states of North Carolina and South Carolina, United States of America.
· CapCenter does not claim that materials in this site are appropriate or available for use in locations other than Virginia, North Carolina, South Carolina, Maryland, Georgia, Florida, Ohio, and the District of Columbia. If you choose to access this site from other locations, you do so on your own initiative, and you are responsible for compliance with any applicable local laws.
· Software from this site is further subject to United States export controls. Software from this site may not be downloaded or otherwise exported or re-exported outside the United States. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any country or territory outside of the United States.
Except for claims under the TCPA as stated above, The laws of the Commonwealth of Virginia govern these terms. If you take legal action relating to these terms, you agree to file such action only in the Circuit Court of Henrico County, Virginia, or the United States District Court for the Eastern District of Virginia, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action.
Termination
Either party may terminate this agreement at any time by destroying:
· All materials obtained from any CapCenter site.
· All related documentation, copies, and installations, whether or not made under these terms.
CapCenter may terminate this agreement immediately without notice if, in CapCenter's sole discretion, you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this or any CapCenter site and all copies of those materials, whether or not they were made under these terms.
Integration and Severability
If any provision of these terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and will not affect the validity and enforceability of the remaining provisions.
You acknowledge that additional terms, disclosures, and disclaimers are provided on additional pages of this website. You agree that those terms are binding, to the extent applicable, as if they were restated in these Terms of Use. The preceding terms and conditions of use—together with the aforementioned additional terms, disclosures, and disclaimers—represent the entire agreement between CapCenter and the user relating to the subject matter herein.
