Terms of Use & Privacy policy

 

Terms of Use

Thank you for your interest in Hamilton Square Capital LLC. Please read these terms & conditions (as they may be amended from time to time, the "Terms of Use") and the Privacy Policy (the “Policy”) carefully before using this website or other websites, domains and subdomains (the “Websites”) and services offered by Hamilton Square Capital LLC, its affiliates and employees (collectively, the “Company,” “HSC,” “our,” “we” or “us”).

By using the Websites you signify that you have read, understand and agree to be bound by the Terms of Use and the Policy. The use of the Websites, and its forms including, the “Pre-qualification Form,” “Quick Apply Form,” “Contact Us Form,” “Loan Application Form,” “Personal Financial Statement Form,” “Borrower Authorization Form” and other Company provided forms (collectively, the “Forms”) is subject to the Terms of Use and the Policy. By using the Websites, Forms or any product, service, functionality or other forms of communication including telephonic, originating from your use of the products or services offered by the Company (collectively, the “Services”) you are accepting the terms and conditions contained herein.

These Terms of Use also comprise an integral part of our Privacy Policy. Please also read our Privacy Policy at the end of this Terms of Use.

For purposes of these Terms of Use & the Policy, the term “you” includes you and any of your agents (such as a broker using the Service and acting on your behalf), and any principal (such as an LLC or other entity) on whose behalf you are acting when accessing the Site. For the avoidance of doubt, if you are accessing the Services or applying for our products or services on behalf on an LLC, corporation, partnership, trust, or other person or entity, you represent that you have the authority act on behalf of the person or entity and to agree to our Terms of Service on behalf of the person or entity and that your use of the Services shall constitute the person or entity’s agreement. The term “User” means any individual, including you, as well as any entity, who accesses or uses the Services themselves or through an agent. We reserve the right, at our sole discretion, to change or modify portions of these Terms of Use at any time.

User Representation

You represent, warrant and agree that no information or materials of any kind submitted or otherwise posted or shared by you through the Services will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree that you may not use the Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Services. In addition, you agree not to use the Services to:

  • post, upload, transmit, share, provide, publish, store, display or otherwise make available (collectively “Post”) any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, derogatory, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;

  • disrupt or interfere with the Services, servers or networks connected to the Services, or disobey any procedures, requirements, policies or regulations of networks connected to the Services;

  • register for more than one account, register for an account on behalf of an individual other than yourself, or register for an account on behalf of any group or entity unless you are an authorized agent of that business or entity with authority to register for an account on its behalf;

  • impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;

  • post any false or misleading information or content;

  • post any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," “contests,” or any other form of solicitation;

  • post on the Services any personal or private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

  • access personal information of others without authorization;

  • solicit personal information from other Users or solicit passwords or personally identifying information;

  • post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

  • intimidate or harass others;

  • post content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, or any regulations having the force of law;

  • advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;

  • further or promote any criminal activity or enterprise or provide instructional information about illegal activities;

  • use or attempt to use another account, service or system without our written authorization, or create a false identity on the Services;

  • post content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Websites, or which may expose the Company or its users to any harm or liability of any type; or obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services;

  • use an account opened in the name of a business or entity for the benefit of a different person, business or entity;

  • represent that you are affiliated with the Company in any way without our prior written consent; or

  • use an account or the Services for any unlawful purpose.

User Communications and Content

You are solely responsible for the information, messages, communications, notes, photos, profiles, text, and contact information for you or others or other content that you Post on or through the Services, or transmit to or share with the Company (collectively "User Content"). You understand and agree that the Company may, but is not obligated to, record, review, delete or remove (without notice) any User Content in its sole discretion, including without limitation, User Content that in our sole judgment violates these Terms of Use, might be offensive or illegal, or might violate the rights of, harm, or threaten the safety of, Users or others.

By posting or transmitting User Content to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sub-license) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sub-licenses of the foregoing.

You acknowledge and agree that we may record and preserve communications and content and may also disclose such communications and content if required to do so by law or in the good faith belief that such records, preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or governmental requests; (b) enforce these Terms of Use; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of the Company, its Users or the public. You understand that the technical processing and transmission of the Services, including your communications and content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

Information on the Websites

The Company has made all reasonable efforts to provide accurate information on the Websites, however, we cannot and do not warrant the accuracy, completeness or timeliness of the information contained therein. In addition, some of the information contained on this site is time sensitive and you should not assume the information contained herein is accurate or current as of any date, other than the date indicated. We disclaim any duty to update such information. Nothing contained on the Websites constitutes advice and any decisions based on any information contained on the sites are the sole responsibility of the visitor.

The Forms are provided as a means to submit information, but should not be construed as creating a lender-borrower relationship between you and the Company or as creating a commitment to lend on the part of the Company. The Company does not guarantee that information submitted will be reviewed nor does it guarantee that a representative of the Company will contact you regarding your submission.

By using the Forms, you certify 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, accurate, complete 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 or its employees.

By using the Services, you are allowing the Company to share information with any third parties in accordance with the Privacy Policy.

Unless authorized by the Company in writing,  you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.

Authorized & Intended Commercial Use

The Services are to be used for their intended commercial & business purposes only. Unauthorized use of the our Services, including, but not limited to, the unauthorized entry into our systems, our partners’ or service providers’ systems, the misuse or sharing of passwords or misuse of any other information or Forms, is strictly prohibited. You may not use the Services in any manner that is not for its intended use or could damage, disable, overburden, or impair the Services or interfere with any other party's use or enjoyment of the Services. You agree that you will not engage in any activities related to the Websites that are contrary to its intended use, applicable laws or regulations. You may be liable for any losses incurred by the Company or others due to any unauthorized use.

You further agree that you are responsible for any unauthorized use of your password that is made before you have notified us and we have had a reasonable opportunity to act on that notice. The Company reserves the right at its discretion to suspend or cancel your account and/or password, even without receiving such notice from you, if we suspect that it is being used in an unauthorized or fraudulent manner. You are solely responsible for maintaining the confidentiality of your account and password and agree to promptly report any unauthorized or suspicious activity in your account to us by email at info@hamiltonsq.com. You may also be liable for any losses incurred by the Company or others due to any unauthorized use of your account.

The Company reserves the right, in its sole discretion, to block or otherwise discontinue your access and use of the Websites and Services at any time and for any reason. You agree that the Company will not be liable to you, or to any third party for any such action.

The Services are available and for use only to individuals who are at least 18 years old (and at least the legal age in your jurisdiction). Users under the age of 18 are not permitted. You represent and warrant that if you are an individual, you are at least 18 years old and of legal age in your jurisdiction to form a binding contract, and that all information you submit is accurate and truthful. The Company may, in its sole discretion, refuse to offer Services to any person or entity. The Service is not available to any Users suspended or removed from the Website or Service by the Company. By using the Services, you represent that you have not been previously suspended or removed from the Services.

The Company reserves the right to change the terms, conditions, and notices under which the Services are offered. The Company shall have the right, at its discretion, to change, modify, add or remove these Terms of Use at any time without notice. Changes shall be effective immediately. You agree to review these Terms of Use periodically. Your use of the Services constitutes your continued acceptance of these Terms of Use.

In the event that any provision of these Terms of Use is found to be 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 these Terms of Use, which shall remain in full force and effect.

Disclaimers

To the fullest extent permitted by law, the Company excludes all representations and warranties relating to use of the Services. To the fullest extent permitted by law, the Company excludes all liability for damages arising out of or in connection with your access to or use of the Services. 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 of the possibility of such potential loss.

These Terms of Use shall be governed by, and construed in accordance with, the laws of the State of New York applicable to contracts executed in and to be performed entirely within that state, without reference to conflicts of laws provisions, except for patents, trademarks and copyrights, which shall be governed by and under the applicable patent, trademark and copyright laws. You agree (i) any lawsuit, proceeding or action arising out of or relating to these Terms of Use may be brought only in the state or federal courts located in the State and County of New York, (ii) accept for yourself and in respect of your property, generally and unconditionally, the exclusive jurisdiction of such courts, (iii) irrevocably waive any objection, including, without limitation, any objection to the venue, propriety or convenience of such courts, and (iv) irrevocably consent to the service of process of any of the courts referred to above in any lawsuit, proceeding or action by the mailing of copies of the process to your principal residence.

BY USING THE SERVICES, 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 WEBSITES, ANY TRANSACTION ARISING THEREFROM OR RELATED THERETO, OR ANY DISPUTE INVOLVING YOU AND THE COMPANY.

IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUPPLIERS, CONTENT PROVIDERS OR AGENTS, BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR USE OF THE WEBSITE OR SERVICES OR FROM ANY: LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING); ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; OFFENSIVE OR OBJECTIONABLE CONTENT FROM A VARIETY OF SOURCES TO WHICH YOU ARE EXPOSED BY USING OUR SERVICES.

THE COMPANY IS NOT RESPONSIBLE FOR THE ACCURACY, USEFULNESS, SAFETY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH CONTENT; DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES; UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; OR LOSSES CAUSED BY ANY UNAUTHORIZED USE OF YOUR ACCOUNT. YOU MAY BE LIABLE FOR THE LOSSES OF THE COMPANY OR OTHERS DUE TO SUCH UNAUTHORIZED USE.

Privacy Policy

This Privacy Policy (the “Policy”) applies to Hamilton Square Capital LLC and its affiliates (collectively, the “Company,” “HSC,” “our,” “we,” or “us”) and is designed to help you understand how we collect, record, use and disclose your personal information that you or any third party provides to us, either on our websites, forms, over the telephone, or through any other means. By using the Websites, Forms or any product, service, functionality or other forms of communication including telephonic, originating from your use of the products or services offered by the Company (collectively, the “Services”) you are accepting the Privacy Policy and Terms of Use contained herein.

The Terms Of Use constitute an integral part of the Policy. Please also read our Terms Of Use above this this Policy.

By using the Services or by otherwise providing us with information about yourself, you agree to the Terms Of Use of this Policy. References to “you” and “your” throughout this Policy apply to any individuals whose personal information we may obtain, including without limitation, principals and members of business entities and guarantors.

What information do we collect?

We collect information from you when you subscribe to our mailing list, speak to a representative, use our websites or fill out a form.

By requesting a loan on behalf of your business, you authorize us to obtain one or more credit reports and to conduct a background check on you, and you authorize us to use the information contained in such credit reports or background checks to process your loan application. We may also obtain one or more credit reports and conduct background checks on any individuals who are designated to be guarantors in connection with any request for a loan.

What do we use your information for?

Any of the information we collect from you may be used to improve our customer service, to process transactions including any requested product, service, or information, facilitate online activities and functionality, and send you periodic emails.

How do we protect your information?

We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.

Do we use cookies?

Yes. Cookies are small files that a website or its service provider transfers to your computer’s hard drive through your Web browser (if you allow it) that enables the website or service providers’ systems to recognize your browser and capture and remember certain information.

We use cookies to compile non-personal and aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future as well as manage our advertising.

Do we disclose any information to outside parties?

We do not sell your personally identifiable information. We share some of the information we collect about you with trusted third parties, like companies performing services on our behalf, so long as those parties agree to keep your information confidential. We may also share some of the information we collect about you with third party companies, like our trusted affiliates and related entities, companies providing services or products similar to or complementary with your requested services or products, as long as those parties agree to keep your information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Information is shared to facilitate the services needed in order to properly and efficiently handle duties related to your account. We may share information with:

1. Government agencies to fulfill legal, reporting and regulatory requirements.

2. Attorneys, accountants and auditors.

3. Our employees, our Affiliates , affiliated companies, subsidiaries, and agents to offer additional services or perform analysis to determine qualification to receive future services.

Once you have submitted a loan application, we may obtain information about you from credit reporting agencies. We both receive and transmit data to credit reporting agencies. This is done as part of our regular underwriting, fraud prevention and loan servicing processes.

We may share your personal information and certain information associated with your loan with our servicers, lenders, investors, successors and assigns.

Third Party Links

Our Websites may contain links to third party websites. Access to any other websites linked to this Website is at the visitor's own risk and the Company is not responsible for the accuracy or reliability of any content, information, data, opinions, advice or statements made on these sites. The Company provides these links merely as a convenience and the inclusion of such links does not imply an endorsement or warranty of those links or their associated websites. These third party websites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked websites.

COPPA

We do not knowingly collect any information from anyone under 18 years of age. Our website, products and services are all directed to people who are at least 18 years old or older. Users under the age of 18 are not permitted.

Terms of Use

Please also visit our Terms of Use section establishing the use, disclaimers, and limitations of liability governing the use of our Services.

Your Consent

By using our Services, you consent to our Privacy Policy and Terms Of Use.

Changes to our Privacy Policy

We may update this Policy from time to time. If we decide to change our privacy policy, we will post those changes on this page. The update becomes effective immediately. You are responsible for periodically visiting our Websites, Terms Of Use, and this Privacy Policy to check for any changes.

Contacting Us

If there are any questions regarding this privacy policy you may contact us at info@hamiltonsq.com.