These Terms govern your current visit to a Site, not any future visit. We may modify these Terms at any time without notice to you, and such modification shall be effective immediately upon posting on a Site. As your next visit to a Site may be governed by different terms posted at this page, you should review the terms on this page each time that you visit a Site.
2. Ownership. All content on the Site, including but not limited to designs, articles, functions, text, graphics, photographs, images, video, information, materials, software, music, sound and other files, and their selection and arrangement and other content solely provided by or on behalf of Pearl Capital on any Site [specifically excluding any User Content (as defined below) (collectively, "Site Content")] is the sole property of Pearl Capital, as between you and Pearl Capital. The Site and all of the Site Content, and the selection and arrangement thereof, are protected under the copyright laws and other intellectual property laws of the United States and other countries. Pearl Capital reserves all rights, in and to the Site and the Site Content, which rights are not expressly granted herein. Unless otherwise noted, the Pearl Capital name and all other trademarks, service marks, trade names, logos or other designations of source displayed on the Site are the property of Pearl Capital, its affiliates, or licensors. All third-party trademarks, service marks, trade names, logos, or other designations of source are the property of their respective owners. Nothing on any Site shall be construed as granting any license or right not expressly set forth herein. Any unauthorized use of a Site or any of the Site Content will terminate the permission or license granted herein and may violate applicable law. You will not alter, adapt, or otherwise modify any part of the Site or Site Content.
3. Use of the Site. Pearl Capital reserves the right in, its sole discretion, to restrict, in whole or in part, your use of the Site, any Site Content, any Portal, and any third-party's User Content at any time with or without notice for any or no reason.
4. Third-party Content. Pearl Capital may from time to time (a) link to other sites that we feel may be useful to you, and (b) post content to our Site that is supplied by third parties (collectively "Third-party Content"). Third-party Content is not under the control of Pearl Capital. Pearl Capital makes no claim or representation regarding—and accepts no responsibility for—the quality, content, nature, or reliability of Third-party Content, any services accessible by hyperlink from our Site, links contained in any Third-party Content, or any review, changes, or updates to a third-party website or for third-party websites that link to our Site. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties in the Third-party Content are those of the respective author(s) or distributor(s) and not of Pearl Capital . Pearl Capital does not guarantee the merchantability or fitness for any particular purpose of Third-party Content. When leaving our Site, you should be aware that these Terms no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data-gathering practices, of any third-party sites. Additional disclaimers and limitation of liability are noted below.
5. Proprietary Rights in Site Content; Limited License. All content on the Site, including but not limited to the Site Content, are the proprietary property of Pearl Capital with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Pearl Capital's prior written permission, except as provided in the following sentence and except that the foregoing does not apply to your own User Content that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Site Content solely for your personal use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not republish Site Content on any Internet, Intranet, or Extranet site or incorporate the information in any other database or compilation; any other use of the Site Content is strictly prohibited. Such license is subject to these Terms and does not include use of any data mining, robots, or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Pearl Capital, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable by us at any time without notice and with or without cause.
6. Trademarks. Pearl Capital graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks, or trade dress of Pearl Capital in the U.S. and/or other countries. Pearl Capital trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Pearl Capital.
7. Content. You represent, warrant, and agree that no materials of any kind posted or shared by you 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 not to harvest or collect email addresses or other contact information of Portal Users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Site or for any other purpose. You further agree that you may not use the Site or any Portal in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Site. In addition, you agree not to use the Site to do any of the following:
- 1. Upload, post, transmit, share, store, or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable
- 2. Register for more than one Portal User account, register for a Portal User account on behalf of an individual other than yourself, or register for a Portal User account on behalf of any group or entity
- 3. Impersonate any person or entity or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity
- 4. Upload, post, transmit, share, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation
- 5. Upload, post, transmit, share, store, or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers, and credit card numbers
- 6. Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes
- 7. Upload, post, transmit, share, or otherwise make available 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
- 8. Intimidate or harass another Portal User
- 9. Upload, post, transmit, share, store, or otherwise make available content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national, or international law
- 10. Use or attempt to use another's account, service, or system without authorization from Pearl Capital , or create a false identity on the Service or the Site
- 11. Upload, post, transmit, share, store, or otherwise make available content that, in the sole judgment of Pearl Capital, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Pearl Capital or its Portal Users to any harm or liability of any type
8. Portal or Other User Content Posted on the Site or Portal. You are solely responsible for the photos, profiles, messages, notes, text, information, music, video, contact information for you or others, advertisements, or other content that you upload, publish, provide, or display (hereinafter, "post") on or through the Site, or transmit to or share with other Portal Users (collectively the "User Content"). You understand and agree that Pearl Capital may, but is not obligated to, review and delete or remove (without notice) any User Content in its sole discretion, including without limitation, User Content that in the sole judgment of Pearl Capital violates these Terms, might be offensive or illegal, or might violate the rights of, harm, or threaten the safety of, Portal Users or others. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Pearl Capital an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense). This license grants Pearl Capital the right to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof; to prepare derivative works of, or incorporate into other works, such User Content; and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will not expire.
9. Consent to Electronic Transactions and Disclosures. Because you are using the Internet on the Site and Portal, it is necessary for you to consent to transact business with us online and electronically. We also need you to consent to our giving you certain Disclosures electronically, either via our Site or to the email address you provide to us. By agreeing to the Terms, you agree to receive electronically all documents, communications, notices, contracts, and agreements—arising from or relating to you—regarding any funding you may request or receive your use as Portal User on our Site.
10. Scope of Electronic Consent. Your consent to receive Disclosures and transact business electronically. Our agreement to do so applies to any transactions to which such Disclosures relate, whether between you and Pearl Capital. Your consent will remain in effect as long as you are a Portal User and, if you are no longer a Portal User, will continue until such a time as all Disclosures relevant to transactions that occurred while you were a Portal User have been made.
11. Consenting to Do Business Electronically. Before you decide to do business electronically with Pearl Capital, you should consider whether you have the required hardware and software capabilities described below.
12. Hardware and Software Requirements. To access and retain Disclosures electronically, you must satisfy the following computer hardware and software requirements: access to the Internet; an email account and related software capable of receiving email through the Internet; a web browser which is SSL-compliant and supports secure sessions (such as Internet Explorer 8.0 or above iOS, Firefox, Chrome, or the equivalent software); and hardware capable of running this software.
13. Consent to Telephone Calls. You also expressly consent to receiving servicing, collection and other calls and messages, including auto-dialed and pre-recorded message calls, and SMS messages (including text messages) from us, our affiliates, marketing partners, agents, and others calling at their request or on their behalf, at any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers). Your cellular or mobile telephone provider will charge you according to the type of plan you carry.
14. Additional Mobile Technology Requirements. If you are accessing our site and the Disclosures electronically via a mobile device (such as a smart phone, tablet, and the like), in addition to the above requirements you must make sure that you have software on your mobile device that allows you to print and save the Disclosures presented to you during the application process. These applications can be found for most mobile devices in the device's respective "app store." If you do not have these capabilities on your mobile device, please access this Site or Portal through a device that provides these capabilities.
15. Withdrawing Consent. You may withdraw your consent to receive Disclosures electronically by contacting us at the address below. However, once you have withdrawn your consent you will not be able to post any funding requests on our Site. If you have a pending request on our Site, we will terminate it and remove it from our system. If you have already received funding, all previously agreed to terms and conditions will remain in effect, and we will send Disclosures to your verified business address provided during registration.
16. How to Contact Us regarding Electronic Disclosures. You can contact us via email at [email protected] or by calling Customer Service at 800-888-9959. You may also reach us in writing to us at the following address:
Pearl Capital Business Funding, LLC
100 William Street, Suite 900
New York, NY 10038
Attention: Customer Service
17. Compliance with Laws. You shall obey all federal, state, and local laws; regulations; and rules that apply to your activities when you use Site. Pearl Capital reserves the right to terminate any account with respect to the Site and to prevent your use of the Site if such account is used to engage in illegal activity or to violate these Terms.
18. Digital Millennium Copyright Act Notice. We respect copyright ownership and expect users of our Site to do so as well. It is our goal to limit or prevent access to the Site by any users who are repeat infringers of copyright. If you are a copyright owner or an agent thereof and believe any Site Content or User Content posted on the Site infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act ("DMCA") by providing notice to Pearl Capital through our designated agent at the address listed below containing the following information:
- 1. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification - a representative list of such works at that site
- 2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material
- 3. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address
- 4. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
- 5. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
- 6. A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed
You acknowledge that if you fail to comply with substantially all of the above requirements of this Section, your DMCA notice may not be valid and we may not be able to remove infringing content.
Steven Berkovitch Esq.
Pearl Capital Business Funding, LLC
100 William Street, Suite 900
New York, NY 10038
19. Additional Products and Services Disclaimer. Pearl Capital makes available certain descriptions of its products and services on the Site. Pearl Capital does not represent or warrant that any particular product or service will conform to those descriptions. Each product or service is governed specifically and exclusively by the instrument entered into by the parties for that product or service and not by any information posted on the Site. This paragraph is in addition to and not instead of the Disclaimers set forth in these Terms.
20. Indemnity. You agree to indemnify, defend, and hold harmless Pearl Capital , its affiliates, licensors, and partners, including without limitation, Pearl Capital 's service providers and their respective officers, directors, employees, agents, and representatives—from and against all losses, expenses, damages and costs. This includes reasonable attorneys' fees, for any claims, causes of actions, procedures or allegations arising out of or relating to any violation of these Terms, your use of the Site, Site Content, or User Content (including but not limited to infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing any Site on your behalf. Pearl Capital reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you.
21. Disclaimer. THE SITE, THE SITE CONTENT, AND THE USER CONTENT ARE MADE AVAILABLE "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT OR ENJOYMENT. WE MAKE NO GUARANTEE THAT THE SITE CONTENT OR USER CONTENT ON THE SITE IS UP-TO-DATE, ACCURATE, OR COMPLETE. YOU SHOULD NOT RELY ON IT FOR ANY DECISION OR TO TAKE ANY ACTION. WE HEREBY DISCLAIM ANY WARRANTY THAT THE SITE CONTENT OR USER CONTENT ON THE SITE WILL BE FREE OF INTERRUPTION, FREE OF ERRORS, OR THAT ANY OF THE SITES IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
22. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL PEARL CAPITAL OR ANY OF ITS AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR COSTS, OR ATTORNEY'S FEES ARISING OUT OF OR RELATING TO THESE TERMS, ACCESS TO, USE OF, OR THE OPERATION OF ANY SITE, ANY OF THE SITE CONTENT, OR USER CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY AND PEARL CAPITAL 'S SOLE AND EXCLUSIVE LIABILITY TO YOU FOR ANY REASON SHALL BE FOR YOU TO DISCONTINUE YOUR ACCESS TO OR USE OF THE SITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
23. Limited Time to Bring Your Claim. You agree that any cause of action arising out of or related to Pearl Capital, any Site, or any Site Content or User Content must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
24. Restricted Access Portions Of The Site. You agree to take reasonable measures to ensure that no unauthorized person or entity shall have access to restricted areas of the Site using your user name or password. You agree that, if you are provided rights to access or use restricted areas of the Site, those rights are personal and non-transferable. You may not assign, sublicense, transfer, pledge, lease, rent, or share any user name or password to anyone. You assume all responsibility for loss or misuse of your user name and password and are responsible for any activities undertaken by a person in possession of your user name or password for any reason except due solely to the gross negligence or willful misconduct of Pearl Capital. Pearl Capital reserves the right to terminate your access to the Site or cancel your user name and password at any time and for any reason including, without limitation, your violation of these Terms.
26. Employment Opportunities. We welcome expressions of interest in employment with Pearl Capital. Pearl Capital does not discriminate in hiring or employment on the basis of race, color, religion, disability, national origin, age, sex, or any other characteristic protected by applicable federal, state, or local law. You understand that the invitation to submit your resume or expression of interest in a job posted on any Site is not intended to, and does not, create a contract between you and Pearl Capital for employment or for any other benefit. You understand that any communication sent by you to Pearl Capital inquiring about employment shall not be considered an application for employment and creates no obligation on the part of Pearl Capital to respond. Should Pearl Capital be interested in exploring employment opportunities with you, we will contact you in response to your inquiry.
28. Governing Law and Forum. These Terms, and the interpretation, performance, and enforcement of your and Pearl Capital's rights and duties, shall be construed in accordance with the laws of the State of New York, except for any conflict or choice-of-law principle thereof that would lead to the application of another jurisdiction's laws to the rights and duties of the parties. By using any Site, you agree to submit any and all disputes arising out of or relating to these Terms to the exclusive jurisdiction of the state or federal courts located in New York County, New York, or, at Pearl Capital's sole election, or to binding arbitration before a single arbitrator pursuant to the American Arbitration Association's Commercial Dispute Resolution Procedures, with such arbitration to take place in New York County, New York.
29. Miscellaneous. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void, or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. Pearl Capital makes no representations that the Site is appropriate or available for use in locations outside of the United States. Those who access or use the Site from outside of the United States do so at their own volition and are responsible for compliance with local law. This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction where such use would be contrary to applicable law or regulation. By offering this Site and its content, no distribution or solicitation is made by Pearl Capital to any person to use the Site or its content in any jurisdiction where the provision of this Site is prohibited by law. You shall obey all federal, state, and local laws, regulations and rules that apply to your activities when you use the Site.
30. Contacting Us. If you have any questions or concerns about these Terms or about trademark or copyright matter, or if you wish to inquire about linking to our Site, please contact us at [email protected].