Effective Date: 9/30/2019
Welcome to DC Capital Connector, a free online referral tool that connects DC-based small businesses with DC-approved lenders, surety bonding agents, and small business support providers. This referral tool, which is accessible at www.dccapitalconnector.com, is offered by the Department of Insurance, Securities, and Banking (“DISB”) and the Department of Small and Local Business Development (“DSLBD”) and is powered by technology developed by Wellthi Technologies Inc (“Developer”), which has been licensed to DISB and DSLBD for use on this website.
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the Service including any content, functionality and services offered on or through the website, whether as a guest or a registered user. In these Terms, the term “Service” refers to the DC Capital Connector referral tool and website and the terms “you” and “your” refer to the individual that uses the Service.
Please read the Terms of Use carefully before you start or use the Service. By using the Service, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Service.
Modifications
You acknowledge and agree that these Terms of Use may be revised from time to time without notice to you. All revisions are effective upon posting. By continuing to access or use the Service, you agree to be bound by the revised Terms. You should periodically review the Service for the most up-to-date version of these Terms of Use.
Accessing the Service
We reserve the right to withdraw or amend this Service, and material we provide on the Service, in our sole discretion without notice. We will not be liable if for any reason all or part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service or the entire Service in our sole discretion.
You are responsible for:
Making all arrangements necessary for you to have access to the Service.
Ensuring that all persons who access the Service through your internet connection are aware of these Terms of Use and comply with them.
To access the Service or some of the resources it offers, you may be asked to provide certain registration details for other information (such as information you provide through our Access to Capital Survey or Surety Bonding Company Survey). It is a condition of your use of the Service that all the information you provide on the Service is correct, current, and complete. You agree that all information you provide to register with this Service or otherwise, including but not limited to through the use of any interactive features on the Service, is governed by our Privacy Policy, and your consent to all actions we take with respect to your information consistent with our Privacy Policy.
Referral Only – No Guarantees: This Service is a free online referral tool that connects DC-based small businesses with DC-approved lenders, surety bonding agents, and small business support providers. We are not a loan or surety bond provider of service. Instead, this Service is intended merely to help small businesses find lenders and insurance companies in their communities based on the lender’s eligibility requirements. There is no guarantee that by using the Service you will be matched or offered a loan or service with any lender or insurance company. For additional information, please view our Frequently Asked Questions, which are incorporated herein by reference.
Intellectual Property Rights
The Service and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Developer (or its licensors or other providers of such material) and licensed to DISB and DSLBD for use on this website, and are or may be protected the United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material of the Service.
The names, logos and all related names, logos, product and service names, designs and slogans of DISB, DSLBD, Developer, or any lender or insurance company shown on the Service are trademarks of the particular party. You must not use such marks without the prior written permission of the owning party.
Prohibited Uses
You may use the Service only for the lawful purposes and in accordance with these Terms of Use. You agree not to use the Service:
In violation of any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate DISB, DSLBD, Developer, an employee of DISB, DSLBD, or Developer, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm DISB, DSLBD, Developer, or users of the Service or expose them to liability.
To advocate, encourage, or assist any third party in doing any of the foregoing.
You also agree not to:
Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape”, “crawl” or “spider” any web pages or other components contained in the Service;
Use the Service for any commercial or other purposes that are not expressly permitted by these Terms;
Copy, store or otherwise access any information contained on the Service for purposes not expressly permitted by these Terms;
Interfere with or damage the Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
Use the Service to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, or credit, debit, calling card or bank account numbers;
Recruit or otherwise solicit any other user to join third party services or websites that are competitive to DC Capital Connector;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service; or
Advocate, encourage, or assist any third party in doing any of the foregoing.
We have the right to investigate and prosecute violations of any of the above to the fullest extent of the law, which may involve cooperating with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge we have no obligation to monitor your access to or use of the Service, but have the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
Accuracy of Materials/Reliance on Information Posted
The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.
This Service includes content provided by third parties, including materials provided by third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Disclaimer of Warranties
IF YOU CHOOSE TO USE THE SERVICE, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT REVIEW, ENDORSE, RECOMMEND, VERIFY, EVALUATE, WARRANT OR GUARANTEE ANY STATEMENT, OPINION, RESPONSE, ADVICE, PREDICTION, RECOMMENDATION, INFORMATION OR CONTENT PROVIDED BY ANY USER, ANY LENDER OR INSURANCE COMPANY PARTNER, OR ANY OTHER PARTY. NOTHING CONTAINED IN THESE TERMS SHALL BE CONSIDERED AS AN ENDORSEMENT, RECOMMENDATION, VERIFICATION, WARRANTY OR GUARANTEE WITH RESPECT TO (A) ANY USER; (B) ANY LENDER OR INSURANCE COMPANY; OR (C) THE VALIDITY, ACCURACY, AVAILABILITY, COMPLETENESS, SAFETY, LEGALITY, QUALITY OR APPLICABILITY OF ANY CONTENT OR ANYTHING OTHERWISE CONTAINED IN OR MADE AVAILABLE ON THE SERVICE OR ANY OTHER FORUM.
THE SERVICE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY OF THE SERVICE, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICE.
WE WILL NOT BE A PARTY TO ANY AGREEMENT BETWEEN YOU AND A LENDER OR INSURANCE COMPANY AND WILL NOT BE LIABLE FOR ENFORCING ANY SUCH AGREEMENT. YOU AGREE THAT ANY DECISION YOU MAKE TO ENGAGE THE SERVICES OF ANY LENDER OR INSURANCE PROVIDER IS IN YOUR SOLE DISCRETION AND AT YOUR SOLE RISK.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE, CONTENT, OR TO ENGAGE WITH A LENDER, INSURANCE PROVIDER, OR OTHER THIRD PARTY. NEITHER DISB, DSLBD, NOR DEVELOPER NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICE OR COLLECTIVE CONTENT OR FROM YOUR ENGAGEMENT WITH A THIRD PARTY VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DISB, DSLBD, OR DEVELOPER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Indemnification
You agree to release, defend, indemnify, and hold DISB, DSLBD, and Developer and their affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with (a) your access to or use of the Service or any content available on the Service; (b) your violation of these Terms of Use; (c) your (i) interaction with any user, (ii) reliance on any information exchanged via the Service, or (iii) engagement of any third party provider; (d) your violation of any third party right, including without limitation any copyright, patent, trademark, other property, or privacy right; or (e) any claim that you caused damage to a third party. DISB, DSLBD, and Developer shall have the right to control all defense and settlement activities.
Governing Law
These Terms of Use are governed by the laws of the District of Columbia, without regard to its choice of law or conflict of law provisions. You agree that you will notify DISB, DSLBD, and Developer in writing of any claim or dispute concerning or relating to the Service or any content accessible through the Service, and give DISB, DSLBD, and Developer a reasonable period of time (but no less than fifteen, 15, business days) to address it before bringing any legal action, either individually, as a class member or representative, or as a private attorney general, against a DISB, DSLBD, or Developer, and/or Developer.
Waiver
The failure of DISB, DSLBD, or Developer to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.
Consent to Do Business Electronically
Because the Service operates on the Internet, it is necessary for you to consent to transact business with us online and electronically. As part of doing business with us, therefore, we also need you to consent to our giving you certain disclosures electronically, either via the website, mobile application, or to the email address you provide to us when you register your user account. By entering into these Terms of Use, you consent to receive electronically all documents, communications, notices, contracts, and agreements arising from or relating in any way to your or our rights, obligations or services under these Terms of Use (each, a “Disclosure”). The decision to do business with us electronically is yours.
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