Terms of Use

The websites of Harbour Group Capital, LLC and its affiliates, www.harbourgroupcapital.com and the “Website”), and Harbour Group Capital’s online loan application form included therein (“Loan Application Form”) are subject to the below terms and conditions these (“Terms of Use”). Your use of the Websites or Loan Application Form constitutes your acceptance of these Terms of Use. These Terms of Use also comprise an integral part of our Privacy Policy.

The Loan Application Form is provided merely as an invitation for information to be submitted. Use of the Loan Application Form should not be construed as creating a lender-borrower relationship between you and Harbour Group Capital and should not be construed as creating a commitment to lend on the part of Harbour Group Capital. Harbour Group Capital does not guarantee that information submitted will be reviewed nor does it guarantee that a representative of Harbour Group Capital will contact you regarding your submission.

You acknowledge that Harbour Group Capital may provide your information to other trusted companies providing services or products similar to, or complementary with, your requested services or products, so long as those parties agree to keep your information confidential. By using the Loan Application Form, you certify your submission is not prohibited by any confidentiality obligations, employment agreement or similar contractual obligation. You expressly agree and acknowledge that the information submitted is truthful and does not contain misleading or false statements. You further agree and acknowledge that you have proper authorization to submit the Loan Application Form and discuss its contents with Harbour Group Capital or its employees.

By using the Loan Application Form and submitting the information therein, you represent and warrant that you own or otherwise control all of the rights to the content that you provide or if you are acting on behalf of an entity, that you have the authority to submit the information, that the content is accurate, and that it does not violate these Terms of Use. You grant Harbour Group Capital a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from all information you provide, in any form, media, software, or technology of any kind now existing or developed in the future. Without limiting the generality of the foregoing, you authorize Harbour Group Capital to include the information in a searchable format that may be accessed by Harbour Group Capital. You also grant Harbour Group Capital the right to use your name and other information that you provide in connection with its use and with the reproduction or distribution of such material. All rights in this paragraph are granted without the need for additional compensation of any sort to you.

To the fullest extent permitted by law, Harbour Group Capital excludes all representations and warranties relating to use of the Loan Application Form. To the fullest extent permitted by law, Harbour Group Capital excludes all liability for damages arising out of or in connection with your use of the Loan Application Form. This includes, without limitation, direct loss, loss of business or profits, whether or not the loss of such business or profits was foreseeable, arose in the normal course of business, or whether or not you advised Harbour Group Capital of the possibility of such potential loss.

By using the Loan Application Form or any product, service, or functionality originating from your use of the Websites or services offered by Harbour Group Capital, you are allowing Harbour Group Capital to share information with any third parties in accordance with the Privacy Policy. Harbour Group Capital reserves the right to change the terms, conditions, and notices under which the Websites are offered. Harbour Group Capital shall have the right, at its discretion, to change, modify, add or remove terms of these Terms of Use at any time without notice. Changes shall be effective immediately. You agree to review these Terms of Use periodically. Your use of the Websites or the Loan Application Form constitutes your continued acceptance of these Terms of Use. In the event that any provision of these Terms of Use is found to be invalid or unenforceable by a court of law or other appropriate authority, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms of Use, which shall remain in full force and effect.

These Terms of Use shall be governed by, and construed in accordance with, the laws of the State of New York applicable to contracts executed in and to be performed entirely within that state, without reference to conflicts of law’s provisions, except for patents, trademarks and copyrights, which shall be governed by and under the applicable patent, trademark and copyright laws. You agree, any lawsuit, proceeding or action arising out of or relating to these Terms of Use may be brought only in the courts of the State of New York, county of Suffolk or of the United States of America. Except for patents, trademarks and copyrights, which shall be governed by and under the applicable patent, trademark and copyright laws. By using the Forms or any product, service, or functionality originating from your use of the Website (defined herein) or services offered by the Company and its Affiliates, you are allowing the Company and its Affiliates to share information with any third parties with whom the Company and its Affiliates have a pertinent contractual relationship—any information necessary to facilitate its provision of products, services, or functionality to you.

AT THE COMPANY’S ELECTION, TO BE ENTERED IN ITS SOLE DISCRETION, ANY LEGAL SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, ANY APPLICATION, OR OTHER USE OF THE SITE SHALL BE INSTITUTED IN ANY FEDERAL OR STATE COURT IN NEW YORK, AND BORROWER WAIVES ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING, AND HEREBY IRREVOCABLY SUBMITS TO THE JURISDICTION OF ANY SUCH COURT IN ANY SUIT, ACTION OR PROCEEDING.

BY USING THE LOAN APPLICATION FORM, YOU HEREBY UNCONDITIONALLY AND IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, COUNTERCLAIM, OR CROSS-CLAIM ARISING IN CONNECTION WITH, OUT OF, OR OTHERWISE RELATING TO THE USE OF THE LOAN APPLICATION FORM, THE WEBSITES, ANY TRANSACTION ARISING THEREFROM OR RELATED THERETO, OR ANY DISPUTE INVOLVING YOU AND HARBOUR GROUP CAPITAL .