Terms of Use

Last Modified: February 14, 2018

Acceptance of the Terms of Use

These terms of use (“Terms of Use”) are entered into by and between you and AgileCap LLC (“AgileCap”, “we” or “us”) and govern your access to and use of agilecapfunds.com website (the “Website”). If you are a natural person, but are accessing or using the Website on behalf of a business or entity, “you” or “your” will be deemed to include any business or entity on behalf of which you access or use this Website.

Please read these Terms of Use carefully before you start to use this Website. By accessing or using this Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://agilecapfunds.com/agilecap-llcs-privacy-policy/, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use this Website.

By using this Website, if you are a natural person accessing this Website on behalf of yourself, you represent and warrant that you are 18 years of age or older, reside in the United States and agree to and will abide by these Terms of Use. If you are accessing this Website on behalf of a business or entity, you represent and warrant that you have authority to agree to these Terms of Use on behalf of the business or entity, that the business or entity will abide by these Terms of Use, and that the business or entity is incorporated in the United States. If you do not meet all of these applicable requirements, you must not access or use this Website.

In addition to these Terms of Use, you may enter into loan or other agreements with us or others that will govern the loans or other goods or services provided by us or others. If there is a contradiction between these Terms of Use and another agreement you enter into applicable to a loan or other specific goods or services, the other agreement will take precedence in relation to the loan or other specific goods or servicees to which it applies.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. If we do this, we will post the chnaged Terms of Use to this Website and will indicate at the top of this page the date these Terms of Use were last revised. All changes are effective immediately when we post them, and apply to all access to and use of this Website thereafter. Your continued use of this Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

Accessing this Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on or through this Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of this Website, or the entire Website, to users, including registered users.

You are responsible for (a) making all arrangements necessary for you to have access to this Website, and (b) ensuring that all persons who access this Website through your internet connection are aware of these Terms of Use and comply with them.

To access this Website or some of the resources it offers, you may be asked to provide certain information. It is a condition of your use of this Website that all the information you provide on this Website is correct, current and complete. You agree that all information you provide, including but not limited to through the use of any interactive features on this Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Consent to Communications and Electronic Disclosures

By submitting information to us through the Website or by sending e-mails to us, you are knowingly and voluntarily consenting to be contacted by us, our agents, representatives, affiliates or anyone contacting you on our behalf for any and all purposes, at any telephone number, physical address, e-mail address or other contact information that you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic testing system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail or send one SMS message or via text.

Also, as part of doing business with us, we need you to consent to our giving you certain disclosures electronically, either via this Website or to the email address you provide us. By agreeing to these Terms of Use, you agree to receive electronically documents, communications, notices, contracts, and agreements arising from or relating to your use of this Website, including any loans you may request or receive from us or our lenders.

You agree that all agreements, notices, disclosures and other communications that we provide electronically through the Website or via e-mail to the address you provide satisfy any legal requirement that such communications be in writing.

If you would like to opt-out of receiving electronic communications from us you may do so by contacting us at legal@agilecapfunds.com by using the unsubscribe functions at the bottom of our communications or by calling us (855) 514-1189.

Intellectual Property Rights

This Website 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 AgileCap, its licensors or other providers of such material and are protected by 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 this Website 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 on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of this Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of this Website or any services or materials available through this Website. For purposes of clarity, using this Website to collect information and contact us regarding our lending services to faciliate a loan from us or our lenders is not a prohibited “commercial” use of this Website.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of this Website in breach of the Terms of Use, your right to use this Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to this Website or any content on this Website is transferred to you, and all rights not expressly granted are reserved by AgileCap. Any use of this Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The AgileCap name and all related names, logos, product and service names, designs and slogans are trademarks of AgileCap or its affiliates or licensors. You must not use such marks without the prior written permission of AgileCap. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use this Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use this Website:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• 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 send, knowingly receive, upload, download, use or re-use any material that (a) contains any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable, (b) promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (c) infringes any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person, (d) violates the legal rights (including the rights of publicity and privacy) of others, (e) that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy, (f) is likely to deceive any person, (g) promotes any illegal activity, or advocates, promotes or assists any unlawful act, (h) causes annoyance, inconvenience or needless anxiety or is likely to upset, embarrass, alarm or annoy any other person, (i) impersonates any person, or misrepresents your identity or affiliation with any person or organization, or (j) Involves commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
• 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 AgileCap, an AgileCap employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of this Website, or which, as determined by us, may harm AgileCap or users of this Website or expose them to liability.

Additionally, you agree not to:

• Use this Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of this Website.
• Use any robot, spider or other automatic device, process or means to access this Website for any purpose, including monitoring or copying any of the material on this Website.
• Use any manual process to monitor or copy any of the material on this Website or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of this Website.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of this Website, the server on which this Website is stored, or any server, computer or database connected to this Website.
• Attack this Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of this Website.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website, or our products and services, provided by you to us (“Submissions”) are non-confidential and will become the sole property of AgileCap. AgileCap will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.

Monitoring and Enforcement; Termination

We have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of this Website and to terminate or suspend your access to all or part of this Website for any or no reason, including without limitation, any violation of these Terms of Use. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through this Website. YOU WAIVE AND HOLD HARMLESS AGILECAP AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Reliance on Information Posted

The information presented on or through this Website is made available solely for general information purposes. Communication of information by, in, to or through this Website and your receipt or use of it (a) is not intended as a solicitation, (b) is not intended to convey or constitute financial, investment or legal advice and (c) is not a substitute for obtaining financial, investment or legal advice from a qualified financial, investment or legal advisor. Securing a loan or other funding is an important decision that should not be based solely upon information on the Website. You should not act upon any such information without first seeking qualified financial, investment or legal advice on your specific matter.

Further, we do not warrant the accuracy, completeness or usefulness of the information on the Website. You are strongly advised to obtain qualified financial, investment or legal advice before relying on this information, and 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 information by you or any other visitor to this Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties. 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 AgileCap, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of AgileCap. 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.

Changes to this Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on this Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to this Website

All information we collect on this Website is subject to our Privacy Policy. By using this Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to this Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.

This Website may provide certain social media features that enable you to link from your own or certain third-party websites to certain content on this Website, send e-mails or other communications with certain content, or links to certain content, on this Website or cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause this Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
• Link to any part of this Website other than the homepage.
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

Links from this Website

If this Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of this Website is based in the state of Utah in the United States. We provide this Website for use only by persons located in the United States. We make no claims that this Website or any of its content is accessible or appropriate outside of the United States. Access to this Website may not be legal by certain persons or in certain countries. If you access this Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or this Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to this Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THIS WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THIS WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER AGILECAP NOR ANY PERSON ASSOCIATED WITH AGILECAP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER AGILECAP NOR ANYONE ASSOCIATED WITH AGILECAP REPRESENTS OR WARRANTS THAT THIS WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THIS WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

AGILECAP HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL AGILECAP, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THIS WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF PRIVACY AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF AGILECAP’S PRIVACY POLICY OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Governing Law and Jurisdiction

All matters relating to this Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or this Website will be instituted exclusively in the federal courts of the United States or the courts of the State of Utah in each case located in Salt Lake City and Salt Lake County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver of by AgileCap of any term or condition set forth in these Terms of Use will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of AgileCap to assert a right or provision under these Terms of Use will not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and AgileCap with respect to this Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to this Website.

Your Comments and Concerns

This website is operated by AgileCap LLC, PO Box 684139, Park City, UT 84068. All feedback, comments, requests for technical support and other communications relating to this Website should be directed to legal@agilecapfunds.com.