1300 Division Road, Suite 305 West Warwick, RI 02893, USA
888-982-8380

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Terms and Conditions and Privacy Policy

Terms and Conditions

1. Terms of Conditions. This Terms of Conditions Agreement (the “Terms of Conditions”) applies to the services offered by Greenwich Business Capital, LLC (the “Company”, “we” or “us”) through any of the Company’s Web sites, including Greenwich Business Capital, LLC, LLC (the “Company”, “we”, “us”). When using our Services, whether it is just browsing or initiating a transaction, you are subject to the guidelines or rules currently applicable to the Services in the Legal Agreements, which may be amended from time to time. By using the Services and the Websites, you acknowledge that you have read, understand, and agree to be bound by the Terms of Conditions and the Legal Agreements and to comply with all applicable laws and regulations. If you do not agree, you are not authorized to use, and should not use the Websites.

You understand that the Company may amend or modify the Terms of Conditions at any time, and without notice to you. Your continued use of the Website after any amendment or modification constitutes your agreement to the revised Terms of Conditions.

2. Limitation of Use. This Website and all its contents are intended solely for you use alone. You may not reproduce, publish, transmit, distribute, display, modify, create, work from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the content design, source code, software, photos, images and other information from this Web site. The content on this Website may be used only as a resource. Any other uses, including the reproduction, modification, distribution, transmission, republication, display, or performance of the content on this Website is strictly prohibited. We reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Website. Access to this Website does not confer, nor shall such access be considered as conferring, upon anyone any license under any of these intellectual property rights. Access to this Website does not authorize anyone to use any of the Company’s name, logo, mark or any other intellectual property in any manner, except if prior written approval is obtained.

We reserve the right, in our discretion and without notice to you, to limit loan quantities, refuse orders, terminate accounts, and/or cancel orders as set forth in the Borrower Agreement or the Lender Agreement, whichever is applicable to you, if we believe that your conduct violates applicable law or is harmful to our interests.

3. Eligibility. Use of the Website and the Services is limited to parties that lawfully can enter into and form contracts under applicable law. Without limiting the generality of the foregoing, minors may not use the Services. Every person that uses the Services represents and warrants to us that he or she is not a minor and that he or she has the capacity to enter into a binding contract. If the Services are being obtained for a business purpose, every person or entity that uses the Services represents and warrants to us that you are the authorized representative of the business with full authority to enter into a binding agreement on behalf of the business. 

4. Patent Information. The Company’s algorithm, methods, and technologies embedded in this Web site are already covered by patents or are patent pending.

5. Third-Parties. This Web site may contain hyperlinks, which will take you out of the Company’s Web site and connect you to third party sites. The Company is providing these hyperlinks to you only as a convenience. The inclusion of any hyperlink does not imply endorsement by us of the sites. These sites are not under our control and by accessing them; you do so at your own risk.

6. No Warranties. THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CUSTOMER’S USE OF AND RELIANCE THEREON ARE AT CUSTOMER’S OWN AND SOLE RISK. WE MAKE NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED ON THE WEBSITE AND THE SERVICES, INCLUDING WITHOUT LIMITATION:

• THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; AND

• ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL SUCH WARRANTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN FROM US OR THROUGH THE USE OF SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

7. Limitation of Liability. IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, AGENTS OR MANDATARIES, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, FAULT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF THE COMPANY.

8. Indemnity. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US AND OUR SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES) ARISING FROM OR IN CONNECTION WITH (A) YOUR BREACH OF THIS AGREEMENT, AS AMENDED FROM TIME TO TIME; (B) YOUR VIOLATION OF ANY STATE, PROVINCIAL, FEDERAL, FOREIGN OR INTERNATIONAL LAWS, CODES OR REGULATIONS; AND/OR (C) YOUR VIOLATION OF ANY THIRD PARTY’S RIGHTS, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS. THIS OBLIGATION WILL SURVIVE THE TERMINATION OF THIS AGREEMENT.

9. Monitoring of the Site. We have no duty to monitor the Website; however, you understand and agree that we have the right to monitor the Website electronically when we see fit and to reveal any information you provide as required or appropriate to comply with any law, regulation or other governmental request, to operate the Website, or to shield ourselves or other users of the Website.

10. Severability. If any of the provisions used in these Terms of Conditions shall be considered, void, or for any reason unenforceable, then that provision and conditions shall not affect the validity and enforceability of any remaining provisions.

11. Termination. We, in our sole discretion, unless otherwise prohibited by law, may terminate or modify this Terms of Conditions, access to the Website or the Services, or any current transaction at any time without notice for any reason.

12. Submissions to the Website. All comments, deliberations, ideas, theories, know-how, methods, graphics or other submissions communicated to the Company through the Website (collectively, “Submissions”) will be considered and remain the Company’s possession, and the Company is permitted to use any Submission for any purpose not prohibited by applicable law, without restriction and without compensation to the submitting party. The Company shall not be subject to any obligations of confidentiality regarding Submissions except as granted by the Company or as required by law. Before using the Website, you should review the Company’s Privacy Policy by clicking Privacy Policy. If you would like more information concerning the Company’s practices relating to the protection of your personal information, please contact us via our Contact Us page.

13. Additional Terms. Portions of the Website may impose, or require your agreement to, additional terms and conditions. In the event of a conflict between this Terms of Conditions and those additional terms and conditions, the additional terms and conditions will take precedence over the conflicting sections of this Terms of Conditions.

14. Governing Law. By visiting or using the Website and/or the Services, you agree that the laws of the State of Rhode Island, without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction, will govern these Terms of Conditions.

15. Language. The parties hereby confirm their express wish that the present Terms of Conditions and all documents and agreements directly and indirectly related thereto, including notices, be drawn up in English.

Other – The failure of the Company to exercise or enforce any right or provision of these Terms of Conditions shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Conditions is held invalid, the remainder of these Terms of Conditions shall continue in full force and effect. If any provision of these Terms of Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Conditions and shall not affect the validity and enforceability of any remaining provisions.

Online Privacy Policy

ONLINE PRIVACY POLICY AGREEMENT
August 1, 2020
Greenwich Business Capital, LLC ( GBCAP ) values its users’ privacy. This Privacy Policy
(“Policy”) will help you understand how we collect information from those who visit our
website or make use of our online facilities and services, and what we will and will not do with the information we collect. Our Policy has been designed and created to ensure those affiliated with Greenwich Business Capital,LLC of our commitment and realization of our obligation not only to meet, but to exceed, most existing privacy standards.


We reserve the right to make changes to this Policy at any given time. If you want to make sure that you are up to date with the latest changes, we advise you to frequently visit this page.


This Policy applies to Greenwich Business Capital, LLC and it governs any and all data
collection and usage by us. Through the use of https://greenwichbusinesscapital.com you are therefore consenting to the data collection procedures expressed in this Policy.


Please note that this Policy does not govern the collection and use of information by companies that Greenwich Business Capital, LLC does not control, nor by individuals not employed or managed by us. If you visit a website that we mention or link to, be sure to review its privacy policy before providing the site with information. It is highly recommended and suggested that you review the privacy policies and statements of
any website you choose to use or frequent to better understand the way in which websites garner, make use of and share the information collected.


Specifically, this Policy will inform you of the following

Why We Collect Information and For How Long
We are collecting your data for several reasons:
· To better understand your needs and provide you with the services you have requested;
· To fulfill our legitimate interest in improving our services and products;
· To send you promotional emails containing information we think you may like when we have your consent to do so;
· To contact you to fill out surveys or participate in other types of market research, when we have your consent to do so;
· To customize our website according to your online behavior and personal preferences.
The data we collect from you will be stored for no longer than necessary. The length of time we retain said information will be determined based upon the following criteria: the length of time information remains relevant; the length of time it is reasonable to keep records to demonstrate that we have fulfilled our
duties and obligations; any limitation periods within which claims might be made; any retention periods prescribed by law or recommended by regulators, professional bodies or associations; the type of contract we have with you, the existence of your consent, and our legitimate interest in keeping such information as stated in this Policy.

  1. Use of Information Collected
    Greenwich Business Capital, LLC does not now, nor will it in the future, sell, rent or lease any of its customer lists and/or names to any third parties.
    Greenwich Business Capital, LLC may collect and may make use of information to
    assist in the operation of our website and to ensure delivery of the services you need and request. Greenwich Business Capital, LLC uses various third-party social media features including but not limited to Facebook, Linkedin, Instagram and other interactive programs. These may collect your IP address and require cookies to work properly. These services are governed by the privacy policies of the providers and
    are not within Greenwich Business Capital, LLC control.
  2. Disclosure of Information
    Greenwich Business Capital, LLC may not use or disclose the information provided by you except under the following circumstances:
    · as necessary to provide services or products you have ordered;
    · in other ways described in this Policy or to which you have otherwise consented;
    · in the aggregate with other information in such a way so that your identity cannot reasonably be determined;
    · as required by law, or in response to a subpoena or search warrant;
    · to outside auditors who have agreed to keep the information confidential;
    · as necessary to enforce the Terms of Service;
    · as necessary to maintain, safeguard and preserve all the rights and property of Greenwich Business Capital, LLC
  3. Non-Marketing Purposes
    Greenwich Business Capital, LLC greatly respects your privacy. We do maintain and reserve the right to contact you if needed for non-marketing purposes (such as bug alerts, security breaches, account issues, and/or changes in Greenwich Business Capital, LLC products and services). In certain circumstances, we may use our website, newspapers, or other public means to post a notice.
  4. Children under the age of 13 Greenwich Business Capital, LLC website is not directed to, and does not knowingly collect identifiable information from, children under the age of thirteen (13). If it is determined that such information has been inadvertently collected on anyone under the age of thirteen (13), we shall immediately take
    the necessary steps to ensure that such information is deleted from our system’s database, or in the alternative, that verifiable parental consent is obtained for the use and storage of such information. Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission to use this website.
  5. Unsubscribe or Opt-Out
    All users and visitors to our website have the option to discontinue receiving communications from us by way of email or newsletters. To discontinue or unsubscribe from our website please send an email that you wish to
    unsubscribe to customercare@cbcapllc.com. If you wish to unsubscribe or opt-out from any third-party websites, you must go to that specific website to unsubscribe or opt-out. Greenwich Business Capital, LLC will continue to adhere to this Policy with respect to any personal information previously
    collected.
  6. Links to Other Websites
    Our website does contain links to affiliate and other websites. Greenwich Business Capital, LLC does not claim nor accept responsibility for any privacy policies, practices and/or procedures of other such websites. Therefore, we encourage all users and visitors to be aware when they leave our website and to read the privacy statements of every website that collects personally identifiable information.
  7. This Privacy Policy
    Agreement applies only and solely to the information collected by our website.
    Notice to European Union Users. Greenwich Business Capital, LLC operations are located primarily in the United States. If you provide information to us, the information will be transferred out of the European Union (EU) and sent to the
    United States. (The adequacy decision on the EU-US Privacy became operational on August 1, 2016. This framework protects the fundamental rights of anyone in the EU whose personal data is transferred to the United States for commercial purposes. It allows the free transfer of data to companies that are certified in the US under
    the Privacy Shield.) By providing information to us, you are consenting to its storage and use as described in this Policy.
  8. Security
    Greenwich Business Capital, LLC takes precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Wherever we collect sensitive information that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for “https” at the beginning of the address of the webpage. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, customer service) are granted access to personally identifiable information. The computers and servers in which we store identifiable information are kept in a secure environment. This is all done to prevent any loss, misuse, unauthorized access, disclosure or modification of the user’s personal information under our control. The company also uses Secure Socket Layer (SSL) for authentication and private communications to build users’ trust and confidence in the internet and website use by providing simple and secure access and communication.
  9. Acceptance of Terms
    By using this website, you are hereby accepting the terms and conditions stipulated within the Privacy Policy Agreement. If you are not in agreement with our terms and conditions, then you should refrain from further use of our sites. In addition, your continued use of our website following the posting of any updates or changes to
    our terms and conditions shall mean that you agree and acceptance of such changes.
  10. How to Contact Us
    If you have any questions or concerns regarding the Privacy Policy Agreement related to our website, please feel free to contact us at the following email, telephone number or mailing address.
    Email: customercare@gbcapllc.com
    Telephone Number: 4013988930
    Mailing Address:
    Greenwich Business Capital, LLC
    1300 Division Rd #305
    West Warwick, Rhode Island 02891
  11. GDPR Disclosure:
    If you answered “yes” to the question Does your website comply with the General Data Protection Regulation (“GDPR”)? then the Privacy Policy above includes language that is meant to account for such compliance. Nevertheless, in order to be fully compliant with GDPR regulations your company must fulfill other requirements such as: (i) doing an assessment of data processing activities to improve security; (ii) have a data processing agreement with any third party vendors; (iii) appoint a data protection officer for the company to monitor GDPR compliance; (iv) designate a representative based in the EU under certain circumstances; and (v) have a
    protocol in place to handle a potential data breach. For more details on how to make sure your company is fully compliant with GDPR,
    please visit the official website at https://gdpr.eu. FormSwift and its subsidiaries are in no way responsible for determining whether or
    not your company is in fact compliant with GDPR and takes no responsibility for the use you make of this Privacy Policy or for any potential liability your company may face in relation to any GDPR compliance issues.
  12. COPPA Compliance Disclosure:
    This Privacy Policy presumes that your website is not directed at children under the age of 13 and does not knowingly collect identifiable information from them or allow others to do the same through your site. If this is not true for your website or online service and you do collect such information (or allow others to do so), please be aware that you must be compliant with all COPPA regulations and guidelines in order to avoid violations which could lead to law enforcement actions, including civil penalties. In order to be fully compliant with COPPA your website or online service must fulfill other requirements such as: (i) posting a privacy policy which describes not only your practices, but also the practices of any others collecting personal information on your site or service — for example, plug-ins or ad networks; (ii) include a prominent link to your privacy policy anywhere you collect information from children; (iii) include a description of parental rights (e.g. that you won’t require a child to disclose more information than is reasonably necessary, that they can review their child’s information, direct you to delete it, and refuse to allow any
    further collection or use of the child’s information, and the procedures to exercise their rights); (iv) give parents “direct notice” of your information practices before collecting information from their children; and (v) obtain the parents’ “verifiable consent” before collecting, using or disclosing information from a child. For more information on the definition of these terms and how to make sure your website or online service is fully compliant with COPPA please visit https://www.ftc.gov/tips-advice/businesscenter/guidance/childrens-online-privacy-protection-rule-six-step-compliance. FormSwift and its subsidiaries are in no way responsible for determining whether or not your company is in fact compliant with COPPA and takes no responsibility for the use you make of this Privacy Policy or for any potential liability your company may face in relation to any COPPA compliance issues.
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