Application Agreement

Capitalkey Terms and Conditions

Capitalkey Online, the Capitalkey service and website are operated by Capitalkey Capital, Inc., a Delaware corporation (“Capitalkey”). Capitalkey is in the business of providing customers with small business loans, financing recommendations, business performance reports and related services. In connection with the provision of the Capitalkey service, users may choose to submit financial information from their online banking account to Capitalkey. Capitalkey uses this information to monitor the performance of Capitalkey users on an on-going basis, and also uses it as part of the criteria in its lending decisions for those users that choose to apply for a loan. On Deck is not a broker, investment advisor or financial planner, and we do not provide financial, securities, legal or tax advice. Before making any decision or implementing any strategy you should consider obtaining additional information and advice from your accountant, attorney, and ⁄ or other advisors.

Accepting the Terms

By using the information, tools, features and functionality located at or subdomains (the “Website” and such information, tools, features and functionality, the “Service”), you agree to be bound by these terms and conditions (the “Agreement”). You must read this Agreement in its entirety and indicate your acceptance with the terms and conditions contained herein.

You may not use the Service and you may not accept this Agreement if you are under 18 years of age. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a copy of this Agreement for your records.

Privacy and your Personal Information

For information about Capitalkey data protection practices, please read our Privacy Policy, which is hereby incorporated into this Agreement. This policy explains how Capitalkey treats your personal information, and protects your privacy, when you access Capitalkey and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the Website. Click to visit Capitalkey Privacy Policy.

Account Information from Third Party Sites

With the Service, users may direct Capitalkey to retrieve their own or their company’s information maintained online by third-party financial institutions with whom they have customer relationships, maintain accounts or engage in financial transactions (“Account Information”). Capitalkey may work with one or more online financial service providers under contract to access this Account Information.

Capitalkey may review the Account Information for accuracy, legality and/or non-infringement. Capitalkey cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Capitalkey cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization. You hereby acknowledge that Capitalkey makes no representations or warranties with respect to the Service.

Proprietary Rights

You are permitted to use content delivered to you through the Service only on the Service. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the Service technology, including but not limited to, any Java applets associated with the Service.

Rights You Grant to Capitalkey

As the owner of the information you provide to us through the Service (your “User Account Information” and along with Account Information, your “User Information”), you are licensing the User Information to Capitalkey for the purpose of providing the Service. Capitalkey may use such User Information to display, distribute, and create new material incorporating such User Information. By submitting User Information, you represent that you are the owner of the User Information and are entitled to submit it to Capitalkey for use for this purpose, without any obligation by Capitalkey to pay any fees or other limitations and without any particular time limit.

By using the Service, you expressly authorize Capitalkey to access your User Information maintained by identified third parties and to directly connect to the Website for the third party you have identified, on your behalf. Capitalkey will submit User Information that you provide to log you into the site and retrieve your User Information. You hereby authorize and permit Capitalkey to use User Information submitted by you to the Service to accomplish the foregoing and to configure the Service so that it is compatible with the third party sites for which you submit your information.

For purposes of this Agreement, you grant Capitalkey and its service providers access to third party sites to retrieve, review, and use your User Information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service, and you hereby agree to release Capitalkey and its service providers from any claims arising out of the use of your User Information contemplated herein.

Credit Profile Authorization

You certify that (i) you are authorized on behalf of the company whose name you have entered to sign up for the Services and (ii) all information you provide is true, correct and complete and that you will notify us of material changes to such information. You understand and agree that we and our agents and assignees are authorized to contact third parties to make credit report inquiries (including requesting business and personal credit bureau reports from credit reporting agencies and other sources) or for any other lawful purpose. Upon your written request, we will advise you if we obtained a credit report. You understand and agree that Capitalkey is making no commitment or guarantee that any product, evaluation, or guidance provided by Capitalkey will result in an approval for credit from Capitalkey or any third party.

Electronic Communications

By choosing to access Capitalkey Services via the internet, you hereby consent to receive by electronic means this Agreement and any and all disclosures and/or notices required to be given by applicable law or regulation. You also consent to allow Capitalkey to respond to any inquiries by e-mail regardless of the format of the original inquiry.

To electronically receive, view, and save the Agreement, you must have a personal computer equipped with Firefox 2.0 or Microsoft Explorer 6.0 or later versions, and either a printer, a hard drive, or other storage device. You must also have a valid email address. You must notify us if your email address changes. To notify us of your new email address, please log on to the Website and update your email address in the “My Profile” section.

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 Capitalkey, its affiliates, marketing partners, agents and others calling at Capitalkey 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 will charge you according to the type of plan you carry.
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About Capital Key

At Capital Key our team simply loves helping our clients get money so they can grow their business! In todays economy it can be very frustrating for a small business owner that has a great business plan and vision, but cannot get the money needed to put everything into action. We help make the process of getting approved for business capital easy and fast.

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