Terms and Conditions
Agreement between User and www.zinchfin.com
The www.zinchfin.com website (the “Site”) is comprised of various web pages operated by Merchant Capital Source, LLC (“MCS”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read these Terms carefully, and keep a copy of them for your reference.
For the purposes of these Terms, “we”, “us” or “our” refers to MCS, the party with whom you are entering into this agreement. For avoidance of doubt, any such references to MCS in these Terms includes all affiliates and their respective officers, directors, employees, and agents.
These Terms do not alter in any way the terms or conditions of any other agreement you may have with MCS, or its subsidiaries, affiliates and/or partners, for products, services or otherwise. If you use the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf.
Site Purpose
The Site is a Product Information Site.
The purpose of the Site is to provide information on its services to business owners, and to provide those business owners with options to contact MCS should they choose to receive more information or apply.
General Conditions
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Site. The Site is not intended for use by minors under thirteen (13) years of age. If you are under eighteen (18) years of age, you may use the Site only with permission of a parent or guardian.
You may only use the Site in compliance with these Terms and all applicable laws. You may not use the Site for any illegal or unauthorized purpose nor may you, in the use of the Site, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of these Terms may result in an immediate termination of your use of the Site. You cannot use the Site if we have previously disabled your account for violation(s) of these Terms or any of our policies. If your account was previously disabled for policy or legal reasons, you will not create a new one without our express written permission, which is provided at our sole discretion. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Privacy
Your use of the Site is subject to MCS’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
By submitting a form or an application, you consent to receive electronic communications from us. We may send you transactional communications about your use of the Site or related services. We may also send you promotional communications about the services we offer or other products and services. Moreover, you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that MCS is not responsible for third party access to your account that results from theft or misappropriation of your account.
MCS and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Links to Third Party Sites/Third Party Services
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of MCS and MCS is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MCS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MCS of the Linked Site or any association with its operators.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.zinchfin.com domain, you hereby acknowledge and consent that MCS may share such information and data with any third party with whom MCS has a contractual relationship to provide the requested product, service or functionality.
To the extent permitted by applicable law, we are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Linked Sites. Please review carefully any third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the relevant third party.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to MCS that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of MCS or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. MCS content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of MCS and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of MCS or our licensors except as expressly authorized by these Terms.
International Users
The Site is controlled, operated and administered by MCS from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use content on the Site in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless MCS, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or related services, any user postings made by you, your violation of these Terms, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. MCS reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with MCS in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that relate to these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.
If an arbitrator or court decides any part of this arbitration provision is invalid or unenforceable, the other parts of this arbitration provision shall still apply. For avoidance of doubt, nothing in these Terms shall affect any non-waivable statutory rights that apply to you. To the extent any claim, dispute or controversy related to these Terms or the use of the Site isn’t arbitrable under applicable laws or otherwise, you agree such claim or dispute will be resolved exclusively in accordance with the “Governing Law” clause of these Terms.
Class Action Waiver
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and MCS agree otherwise, the arbitrator may not consolidate more than one person’s or party’s claims, and may not otherwise preside over any form of a consolidated, representative, class, or private attorney general action or proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MERCHANT CAPITAL SOURCE, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.
MERCHANT CAPITAL SOURCE, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. MERCHANT CAPITAL SOURCE, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MERCHANT CAPITAL SOURCE, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MERCHANT CAPITAL SOURCE, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
MCS reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
Governing Law
To the maximum extent permitted by law, these Terms are governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to these Terms or the use of the Site.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and MCS as a result of your agreement to these Terms or your use of the Site. MCS’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of MCS’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by MCS with respect to such use.
Severability
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
Entire Agreement
Unless otherwise specified herein, these Terms constitute the entire agreement between the user and MCS with respect to the use of the Site, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MCS with respect to the use of the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these Terms and all related documents be written in English.
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Changes to Terms
MCS reserves the right, in its sole discretion, to change the Terms. The most current version of the Terms will supersede all previous versions. MCS encourages you to periodically review the Terms to stay informed of our updates. Your continued use of or access to the Site following the posting of any changes to these Terms constitutes acceptance of those changes. Disputes arising under these Terms will be resolved in accordance with the version of these Terms in place at the time the dispute arose.
Contact Us
MCS welcomes your questions or comments regarding the Terms:
695 Town Center Dr #1200
Costa Mesa, CA 92626
Email Address: legal@zinchfin.com
Telephone number: 714-969-7878
Effective as of February 12, 2024
