Terms of Use

Finova Capital, LLC (“Finova”) offers eligible all businesses access to fast capital to move forward and grow. Products offered by Finova are for business purposes only. Depending on where your business is located, your application may be evaluated for one of two separate products, a business loan or sales-based financing.

Your use of this site constitutes your agreement to each of the terms and conditions set forth herein (“Terms of Use”) and the terms and conditions of the Finova Privacy Policy, which is published on: finovacapital.com (the “website”), and which are incorporated herein by reference. If you do not agree to any of these terms, please do not use the website. Finova reserves the right to update the content of its website, including the Terms of Use, at any time without prior notice.

You accept sole responsibility for all your activities using the website, including your conduct on the website. Use of the website entails, but is not limited to, your agreement to the following:

1. You will not use the website for any unauthorized or illegal purposes.
2. You are responsible for ensuring you do not violate any laws of your jurisdiction, including but not limited to copyright laws.
3. You will not upload or transmit viruses, worms, or any other destructive code. You will not use bots to engage the website.

 

Use of the Website

You are solely responsible for your activity that occurs on your account, and you must keep your account password secure. You accept sole responsibility for keeping your password secure. You must notify Finova immediately of any breach of security or unauthorized use of your account. When creating your account, you authorize Finova to conduct background, onsite and financial examinations of you and the owners and/or principals and you authorize Finova directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information as provided while signing up. Although Finova will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Finova or others due to such unauthorized use.

You agree you will not interfere, in any way, with others’ use of or access to the website and will not attempt to gain unauthorized access to the computer system of any other website user. You further agree not to take any other action in connection with your use of the website which violates any applicable local, state, national or international law, rule, regulation, or order of any court in conjunction with your use of the website.

You agree you will not use any robot, spider or other automatic device, manual process piece of software, or application or data mining or extraction tool to access, monitor, or copy the website without Finova’s express permission. You also agree not to take any other action that imposes an unreasonable burden on or impedes the use of the website by others.

The website may include information regarding Finova and its services, and/or other materials proprietary to Finova. You may download, view, copy and print such information and materials and any other aspect of this website (i) solely in the financing interests of your business, provided that neither the information or materials, nor any proprietary notices or disclaimers therein are modified, obscured, or altered; and it is properly attributed to us. You are not permitted to use this information and materials for any other commercial purposes.

Except as expressly provided herein, you may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, transmit, disseminate, redeliver using “framing technology,” otherwise distribute, or commercially exploit in any way, the website, or any portion thereof, or any information or content on the website, without the prior written permission of Finova.

Electronic Communications

By using parts of this website, or sending e-mails to Finova, you agree to receive communication from us electronically, and that all agreements, notices, account updates, disclosures, and other communication that we, our affiliates, partners, or independent contractors provide to you electronically satisfy any legal requirement that such communication be in writing and are effective immediately.

Telephone Communications

You hereby expressly consent to receiving calls and messages, including auto-dialed and pre-recorded message calls and SMS messages (including text messages) from Finova, its affiliates, marketing partners, agents and others calling at Finova’s request or on its behalf, at any telephone numbers that you have provided or may provide in the future (including any cellular or mobile telephone numbers). Your cellular or mobile telephone provider may charge you according to the type of plan you carry.

You may opt out of receiving marketing-related calls and other communications from Finova and its affiliates, marketing partners, agents and others as provided in the Privacy Policy or by contacting us directly. However, you will still receive legally required communications and/or servicing-related communications as required by your financing agreement.

Equal Credit Opportunity Act

The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against applicants on the basis of race, color, religion, national origin, sex, marital status or age (provided the applicant has the capacity to enter into the binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. If for any reason your application for business credit is denied, you have the right to a written statement of the specific reasons for the denial. To obtain the statement, please write to Finova Capital, 365 W. Passaic Street, Suite 490, Rochelle Park, NJ 07662. Funding amount and approval are subject to a full credit profile review.

Subject to Approval

This is not a guaranteed offer of financing. Rates and terms for business financial products are subject to underwriting guidelines and are subject to approval. Approved funding amount is based on eligibility. Actual eligibility may vary. Restrictions may apply. Application is subject to approval and is based on factors such as business type, time in business, annual sales, average business bank account balances, personal credit and other variables deemed relevant by us.

Intellectual Property Rights

The content on the website (the “Content”) is subject to copyright and other intellectual property rights under local and international laws conventions. To the best of its knowledge, Finova uses only Content that it owns or is otherwise allowed and permitted for use by the owner/s of the copyrights and other intellectual property rights therein. Content on the website is provided to you AS IS only and it may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Finova reserves all rights not expressly granted in and to the website and Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein for any commercial purposes. You agree not to circumvent, disable, or otherwise interfere with the security related features of the website or features that prevent or restrict use of the website or copying of any Content or enforce limitations on use of the website or any of the Content therein.

Warranty Disclaimer & Limitation of Liability

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK AND IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, FINOVA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. FINOVA MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE. IN NO EVENT SHALL FINOVA, ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend and hold harmless Finova and its affiliates, and partners including without limitation, Finova service providers and banks and their respective officers, directors, employees, agents and representative from and against all losses, expenses, damages and costs including reasonable attorneys’ fees, for any claims, causes of actions, procedures or allegations arising out of or relating to any violation of these Terms of Use, your use of the website, website content, or user content by you or any other person accessing any website on your behalf.

Further, Applicant waives and releases any claims against Recipients and any information-providers arising from any act or omission relating to the requesting, receiving or release of information, and each Owner/Officer represents that he or she is authorized to sign this form on behalf of Company.

Events Beyond Control

Under no circumstances shall Finova be held liable for any delay or failure in this website and/or information on the website directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of Finova, including, without limitation, internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. The provisions of this paragraph are in addition to, and not intended to limit or modify, the limitations in the Limitations of Liability section as stipulated above.

Data Use

If you create or access an online account through this website, you authorize Finova, subject to applicable law, to share your personal information with: (i) members of the Finova corporate or strategic partnership family to provide joint content, products and to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about their products, services and communications; (ii) service providers under contract who help with parts of our business operations such as fraud prevention, bill collection, marketing and technology services. (Our contracts dictate that these service providers only use your information in connection with the services they perform for us and not for their own benefit); (iii) financial institutions or other companies that we partner with to increase the number of financial products available to you; (iv) credit bureaus to report account information, as permitted by law; and (v) law enforcement, government officials, or other third parties when a) we are compelled to do so by a subpoena, court order or similar legal procedure, b) we need to do so to comply with law or regulations, c) we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity or to investigate violations of our Terms of Use, or d) other third parties with your consent or direction to do so.

If you create or access an online account through this website, you authorize Finova to provide your vendors and/or suppliers information about your account.

Governing Law and Forums

Any dispute arising from these terms shall be resolved exclusively in the State and Federal Courts of the State of New Jersey. Furthermore, these terms and the interpretation, performance, and enforcement of your and Finova’s rights and duties shall be construed in accordance with the laws of the State of Delaware except for the conflict or choice of law principles thereof.