1. Overview
These Web Site Terms and Conditions of Use (“Terms and Conditions”) govern your use of the http://www.cwcapital.com domain and all associated sub-domains existing or adopted by CWCapital in the future (collectively, the or this “Web Site”) and any loan and/or account information access services or any other services provided on and/or through this Web Site (collectively, “Services”). By using this Web Site, you agree to be bound by the Terms and Conditions herein. Services available via this Web Site are also governed by any other separate agreement(s) that you may have with CWCapital, including, but not limited to, any rules and regulations applicable to CWCapital, any loan agreements, and all amendments thereto. NOTHING CONTAINED HEREIN SHALL BE DEEMED TO BE A DEFENSE TO OR, A WAIVER BY CWCAPITAL OF, ANY RIGHTS CWCAPITAL HAS UNDER ANY LOAN DOCUMENT OR OTHER AGREEMENT OR APPLICABLE LAW, RULE, REGULATION OR REQUIREMENT. For additional terms and conditions that govern use of information provided through this Web Site or the Services, please review our CWCapital Privacy Policy. CWCapital reserves the right, at its sole discretion to change, modify, add or remove any portion of the terms, in whole or in part, of these Terms and Conditions without notice. Such changes, modifications and additions to and removals from these Terms and Conditions are valid and enforceable once posted on the Web Site. You are responsible for regularly reviewing these Terms and Conditions. By continuing to use the Web Site after any changes to the Terms and Conditions are posted, you agree to be bound by such changes.
2. Limited License
The CWCapital Web Site and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, “Materials”) are protected by copyright laws and other U.S. and international laws and treaties. All Materials are provided by CWCapital as a service to its current and prospective customers and may be used only in accordance with these Terms and Conditions. No right, title or interest in our Materials is conveyed to you. This is a limited non-exclusive and non-transferable license and such license is subject to the following restrictions: (a) with the exception of your own loan information, you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license, or otherwise exploit any of its Materials without our prior written permission; and (b) you may not access or use the CWCapital Web Site for any purpose which is competitive to CWCapital. CWCapital may terminate or suspend this license, with or without cause, and without notice at any time and for any or no reason. All rights not expressly granted herein are reserved by CWCapital. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other CWCapital services, affiliate services, third-party content or third-party software.
3. Trademarks
CWCapital and its affiliates retain all rights in and to their trademarks, trade names, brand names and the like. These marks, names and all associated logos or images are registered and/or common law trademarks of CWCapital and/or its affiliates and are protected by U.S. and international laws and treaties. No license to the use of such marks, names and the like is granted to you under these Terms and Conditions by your use of the CWCapital Web Site and Services. Your misuse of the trademarks displayed on the CWCapital Web Site is strictly prohibited, and CWCapital will enforce its intellectual property rights to the fullest extent of the law.
4. Communications to CWCapital
CWCapital shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send through the Web Site for any purpose whatsoever including, but not limited to, the marketing of financial and loan products using such information. Any personally identifiable information you provide to CWCapital through the Web Site shall be subject to the Web Site's Privacy Policy if provided to CWCapital in connection with the Web Site and the Services. You are responsible for obtaining and maintaining any communications equipment necessary to connect to the Web Site and the Services, including modems, computer hardware and software and long distance or local telephone service or other internet access. You must be connected to the Internet and must use your own Internet service provider ("ISP") to access the Web Site and the Services. All charges incurred for such equipment and access are your sole responsibility.
5. Member Account, Password Security
You may receive a unique user name and password (“Access Codes”) upon completing a registration process for the certain services (“Services”). It is your responsibility to safeguard and protect your Access Codes and to monitor use of these Access Codes for all purposes. You accept all responsibility for maintaining the security of your Access Codes and for all utilization of the Services via your Access Codes, with or without your knowledge or consent. You agree to (a) immediately notify CWCapital of any unauthorized use of your Access Codes or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Notify CWCapital immediately if you have lost your Access Codes or wish to terminate your access or have these Access Codes changed.
6. Linking
Periodically, links may be established from this Web Site to one or more external web sites or resources operated by third parties (the “Third Party Sites”). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to the CWCapital Web Site. None of such links should be deemed to imply that CWCapital endorses the Third Party Site or the content therein. CWCapital does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and CWCapital will have no liability arising out of or related to such web sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.
7. Disclaimer of Warranties
THE CWCAPITAL WEB SITE AND SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” CWCAPITAL DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, STATUTORY AND IMPLIED, REGARDING THE CWCAPITAL WEB SITE AND SERVICES INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. NO WARRANTIES REGARDING THE WEB SITE AND SERVICES SHALL ARISE THROUGH COURSE OF DEALING OR USAGE OF TRADE. CWCAPITAL MAKES NO WARRANTIES THAT ACCESS TO OR USE OF THE WEB SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES.
8. Limited Liability
IN NO EVENT WILL CWCAPITAL BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THIS SITE OR ANY OTHER HYPERLINKED WEB SITES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, WHETHER THE DAMAGES ARISE FROM BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE, TORT (INCLUDING STRICT LIABILITY) AND ANY OTHER CAUSE OF ACTION EVEN IF CWCAPITAL IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES IN THIS SECTION 8 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY IN SECTION 9 AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE.
9. Exclusive Remedy
IF YOU ARE DISSATISFIED WITH THE CWCAPITAL WEB SITE OR ANY OF THE SERVICES OFFERED THEREIN, IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR IF YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST CWCAPITAL WITH RESPECT TO THIS AGREEMENT OR THE CWCAPITAL WEB SITE AND THE SERVICES THEREIN, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CWCAPITAL WEB SITE AND THE WEB SITE SERVICES.
10. Indemnification
You agree to indemnify and hold CWCapital and its subsidiaries, affiliates, officers, agents and employees, harmless from any loss, including attorney’s fees, arising out of or in connection with any claim, demand, action, or liability made by any third party related to or arising out of (1) information or material you submit, post, transmit, or otherwise make available through the CWCapital Web Site; and (2) your use of the CWCapital Web Site or Services; (3) your connection to the CWCapital Web Site or Services; and (4) any violation of these Terms and Conditions.
11. Revisions and Termination
CWCapital may terminate, change, suspend or discontinue any aspect of this Web Site, including the availability of any features of the Web Site, at any time and without notice. CWCapital also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. CWCapital may terminate the authorization, rights and license given above at any time and without notice. Your continued use of this Web Site after any changes to these terms are posted will be considered acceptance of those changes. CWCapital may terminate or suspend your access to the Web Site and Services, with or without cause, and without notice at any time and for any or no reason, and CWCapital shall have no liability, with respect to such termination. Any termination of any aspect of the Web Site or Services including your access to the Web Site, shall not terminate or otherwise affect any separate agreements related to the Web Site and Services including, but not limited to, any loan agreements, and all amendments thereto. All rights and obligations that become absolute before expiration or termination of the Terms and Conditions or that are of a continuing nature will survive any expiration or termination of these Terms and Conditions for any reason.
12. Waiver and Severability of Terms
The failure of CWCapital to exercise or enforce any right or provisions of these Terms and Conditions shall not constitute a waiver of such right or provision. Any and all waivers must be done in writing to be enforceable. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and all other provisions of these Terms and Conditions shall remain in full force and effect.
13. Jurisdiction
CWCapital controls the Web Site from its offices within the Commonwealth of Massachusetts. Claims for enforcement, breach of violations of duties or rights under this Agreement will be adjudicated under the laws of the Commonwealth of Massachusetts, without reference to conflict of law principles. You hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Norfolk and Suffolk Counties, Massachusetts USA in all disputes arising out of or relating to the use of the CWCapital Web Site or Services.
14. Contact Us
If you have questions regarding the Terms and Conditions or the practices of CWCapital, please contact us via e-mail at webmaster@cwcapital.com