Partners Terms
TERMS OF USE
This Terms of Use Agreement (“Terms”) applies to the services offered by Spartan Capital, a New York Corporation (“Spartan Capital” the “Company”, “we” or “us”) through any of the Company’s Web sites, including Spartan Capital [Site] When using our Services, whether just browsing or initiating a transaction, you are subject to the guidelines or rules currently applicable to the Services in the Legal Agreements, such as these Terms, which may be amended from time to time. You acknowledge that you have read, understand, and agree to be bound by these Terms and the Legal Agreements and comply with all applicable laws and regulations by using the Services and Site. Otherwise, you are not authorized to and should not use the Site. You understand Spartan Capital may amend or modify these Terms at any time, without notice. Your continued use of this Site after any amendment or modification constitutes your agreement to the revised Terms.
Limitation of Use. This Site and its contents are intended solely for your use. You may not reproduce, publish, transmit, distribute, display, modify, create, work from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the content design, source code, software, photos, images, metadata and other content from this Site, which may be used only as a resource. Any other use, including reproduction, modification, distribution, transmission, republication, display, or performance of the content on this site is strictly prohibited. We reserve all intellectual property rights in all text, programs, products, processes, technology, content, and other materials appearing on this site. Access to this Site does not confer, nor shall such access be considered as conferring, upon anyone any license under any of these intellectual property rights. Access to this Site does not authorize anyone to use any of Spartan Capital’s name, logo, mark, or any other intellectual property in any manner, except if prior written approval is obtained.
We reserve the right, in our discretion and without notice to you, to limit loan quantities, refuse orders, terminate accounts, and/or cancel orders as set forth in the Borrower Agreement or the Lender Agreement, whichever is applicable to you, if we believe that your conduct violates applicable law or is harmful to our interests.
Eligibility. Use of the Site and the Services is limited to parties that lawfully contract. Without limiting the generality of the foregoing, minors may not use the Services. Every person that uses the Services represents and warrants to us he or she is not a minor and has the capacity to contract. If the Services are being obtained for a business purpose, every person or entity that uses the Services represents and warrants to us that you are the authorized representative of the business with full authority to enter into a binding agreement on behalf of the business. To register, you must provide your real name, address, phone number, and e-mail address, along with other information that may be required from time to time. For business purpose users, you must provide your real name, title, business address, business phone and fax numbers, and e-mail address along with other information that may be required from time to time.
Patent Information. Spartan Capital’s algorithm, methods, and technologies embedded in this Site are already covered by patents or are patent pending.
Third-Parties. This Site may contain hyperlinks, which will take you out of Spartan Capital’s Site and connect you to third-party sites. Spartan Capital provides these hyperlinks only as a convenience, but their inclusion does not imply endorsement by us of the sites. These sites are not under our control and you access them at your own risk.
No Warranties. THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE AND RELY UPON THEM AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED ON THIS SITE AND THE SERVICES, INCLUDING WITHOUT LIMITATION:
- THIS SITE OR THE SERVICES MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR; AND
- ANY IMPLIED WARRANTY ARISING FROM THE COURSE OF DEALING OR USAGE OF TRADE.
- TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY SUCH WARRANTIES. ANY ADVICE OR INFORMATION YOU OBTAIN FROM US OR THROUGH THE USE OF SERVICES SHALL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability. SPARTAN CAPITAL, ITS OFFICERS, DIRECTORS, AGENTS, MANDATARIES, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS OR SERVICE PROVIDERS ARE NOT LIABLE FOR ANY HARM OR INJURY, DIRECT OR, INDIRECT OR ANY DAMAGES ARISING FROM OR RELATED TO USE OF THIS SITE OR DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF USE OF THIS SITE, WHETHER BASED ON LAW OR EQUITY, WHETHER OR NOT ARISING FROM SPARTAN CAPITAL’s ACTS OR OMISSIONS.
Indemnity. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD SPARTAN CAPITAL, ITS SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY CLAIMS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES) ARISING FROM OR IN CONNECTION WITH (A) YOUR BREACH OF THIS AGREEMENT, AS AMENDED FROM TIME TO TIME; (B) YOUR VIOLATION OF ANY STATE, PROVINCIAL, FEDERAL, FOREIGN OR INTERNATIONAL LAWS, CODES OR REGULATIONS; AND/OR (C) YOUR VIOLATION OF ANY THIRD PARTY’S RIGHTS, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS. THIS OBLIGATION WILL SURVIVE THE TERMINATION OF THIS AGREEMENT.
Monitoring of the Site. We have no duty to monitor the Site; however, you understand and agree that we have the right to monitor the Site electronically as we see fit and to reveal any information you provide as required or appropriate to comply with any law, regulation or other governmental requests, to operate the Site, or to shield ourselves or other users of the Site.
Severability. If any provision in these Terms shall be considered, void, or for any reason unenforceable, then that provision and conditions shall not affect the validity and enforceability of any remaining provisions.
Termination. We, in our sole discretion, unless otherwise prohibited by law, may terminate or modify these Terms, access to the Site or the Services, or any current transaction at any time without notice for any reason.
Submissions to the Site. All comments, deliberations, ideas, theories, know-how, methods, graphics or other submissions communicated to Spartan Capital through the Site (“Submissions”) become and remain Spartan Capital’s property, which may use any Submission for any purpose not prohibited by law, without restriction, without compensation to the submitting party. Spartan Capital is not subject to obligations of confidentiality as to Submissions except as granted by Spartan Capital or required by law. Before using the Site, you should review Spartan Capital’s Privacy Policy by clicking Privacy Policy. If you would like more information concerning Spartan Capital’s practices relating to the protection of your personal information, please contact us via our Contact Us page.
Additional Terms. Portions of the Site may impose, or require your agreement to, additional terms and conditions. In the event of a conflict between these Terms and those additional terms and conditions, the additional terms and conditions will take precedence over the conflicting sections of these Terms.
Governing Law. By visiting or using the Site and/or the Services, you agree that the laws of the State of Delaware, without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction, will govern any dispute arising from or relating to these Terms. You consent to jurisdiction and venue in any state or federal Court encompassing Cobb County Georgia for any dispute arising from or related to your use of this website.
Language. The parties confirm their express wish that these Terms and all related documents and agreements, including notices, be drawn up in English.
Other
The failure of Spartan Capital to exercise or enforce any right or provision of these Terms does not waive such rights or provisions in that or any other instance. If any provision of these Terms is held invalid, then the remaining Terms continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision is deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
By agreeing to these Terms, you are consent to Spartan Capital sending future electronic messages (Email) to the email address you provided. Once you receive electronic messages from Spartan Capital, you may easily and permanently unsubscribe from further electronic messages. Spartan Capital does not sell or share your information. If you have any questions regarding the Spartan Capital Central electronic messaging policy, you may contact us at 1-855.532.1969 or spartancapitalgroup.com.