Terms of Use

The following terms of use (“Agreement”) govern your use of the Channel Partners Capital, LLC website www.channelpartners.com and the Customer Portal (collectively the “Site”) and any of the services (the “Services”) offered by Channel Partners Capital, LLC (“Channel Partners Capital”) on and through our Site, including use of any the Site’s information and data, and participation in any public areas which may exist in the Site (the “Public Areas”).

Please read the requirements of this Agreement carefully. Your use of the Site or any of the Services constitutes your agreement to comply with the terms of this Agreement. If you cannot agree to and comply with this Agreement and its requirements, you are expressly prohibited from use of the Site and the Services and must exit the Site. 

Use of Site 

You may view and use the Site an or any information contained therein only in accordance with the terms of this Agreement. You may not modify, distribute, publish, license, create derivative works from, transfer or sell any information or content contained on the Site. The Site may be used only as contemplated by this Agreement. You agree to use the Site only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability all as determined by applicable law.

If you wish to use our Services, you will need to provide us with certain information, including information about your identity, finances, and business performance. You will also need to create a user ID and a password to protect your account information. With your permission, we may also access your banking information, obtain a credit report, retrieve bank account data, or collect other third-party data about you (collectively, the “Personal Information”).

As a registered user (“User”) of the Site, you represent and warrant that: (i) you are 18 years of age or older; (ii) the Personal Information is true, accurate, current and complete; (iii) you will maintain and update Personal Information to keep it true, accurate, current, and complete; and; (iv) the Personal Information belongs to you and does not infringe or violate any patents, copyrights, trademarks or other intellectual property, proprietary or privacy rights of any third party; and (v) you own or has obtain the right to all of the intellectual property rights subsisting in the Personal Information provided, and has the right to provide Channel Partners Capital the license granted herein to the Information. 

Changes to Agreement and Additional Rules of Usage 

Channel Partners Capital reserves the right, at any time and without prior notice, to modify, alter or update this Agreement. The date of the most recent revision will appear on this page. Your continued access to the Site and use of the Services by you will constitute your acceptance of any changes or revisions to this Agreement. Channel Partners Capital also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Site, which may be posted in the relevant parts of the Site and will be identified. Your continued use of the Site constitutes your agreement to comply with these additional rules.

Disclaimer

All information (hereinafter, the “Information”) posted on the Site is subject to change or removal without notice. Channel Partners Capital may make changes to the materials, products, features and services available at the Site at any time without notice. You may not use the Information for any commercial purpose, including without limitation: (I) distribution (electronically or otherwise); (II) resale; or (III) display, etc.

Information, Services, and other material available through the Site are furnished “As Is”, “at Your Own Risk” and “As Available”, without any warranty whatsoever. Although Channel Partners Capital has attempted to provide accurate Information on the Site, Channel Partners Capital assumes no responsibility for the accuracy, merchantability or completeness of the Information, Services or other material at the Site. The Information and all other materials on the Site are provided for general information purposes only and do not constitute professional advice of any kind.

All other warranties, express or implied, including any warranties of merchantability, fitness for any particular purpose, or non-infringement of intellectual property are specifically excluded and disclaimed. Channel Partners Capital does not warrant that the Information will meet user’s requirements and that the operation of the Services will be uninterrupted or error free, or that the Site or the server that makes it available are free of viruses or bugs.

Channel Partners Capital’s obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on the Site should be construed to alter such agreements. The materials and Services at the Site may be out of date and Channel Partners Capital makes no commitment to update the materials and Services at the Site. Limitation of Liability In no event will Channel Partners Capital, its suppliers, or other third parties mentioned at the Site be liable for any damages whatsoever (including, without limitation, those resulting from lost profits, lost savings, lost data, business interruption or other special, consequential or incidental damages) arising out of or relating to the use, inability to use, or the results of use of the Site, any websites or other content linked to the Site, or any materials, information, product or service contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not Channel Partners Capital has been advised of the possibility of such loss or damages. If your use of the materials, Information or Services from the Site results in the need for servicing, repair of correction of equipment or data, you assume all costs thereof. For the avoidance of doubt, User is responsible for maintaining and protecting all of the information provided, transmitted, uploaded, imported or made accessible by using the Site. Channel Partners Capital will not be liable for any loss or corruption of such information, or for any costs or expenses associated with backing up or restoring any of such information. 

Privacy Policy 

In addition to reviewing this Agreement, you should also review our Privacy Policy and our California Privacy (collectively our “Privacy Policy”), which are incorporated by reference into this Agreement, to better understand how we collect and use personal information. Your use of the Site and the Services constitutes your agreement to the terms and conditions of the Privacy Policy.

Intellectual Property 

The Site, all information and intellectual property referenced on the Site, including, without limitation, patents, copyrights, logos, trademarks and trade secrets are legally owned by Channel Partners Capital or third parties. These rights apply to the Information, computer code of the Site, graphical design, products, company names, etc. All contents of the Site are protected by copyright and trademark rights, except as specifically permitted herein. 

Links to Third-Party Websites or Third-Party Software Products 

Links on the Site to third-party websites or software products (such as an invoicing or accounting software product that you are using) are provided as a convenience to you. If you use these links or software products, you might leave the Site. Some of the third-party software products may require you to have, and actually be signed-in to, an active user account for such third-party software product.

Channel Partners Capital has not reviewed any of these third-party sites or the applications or software products and does not control and is not responsible or liable for any of these sites or their content. Thus, Channel Partners Capital does not endorse or make any representations about them, or any information, software or other products or materials found on them, or any results that may be obtained from using them. If you decide to access any of the third-party websites or applications or software products linked to the Site, you do this entirely at your own risk and Channel Partners Capital assumes no liability for such use. 

Ownership of the Site and Information 

The Site is expressly owned and operated by Channel Partners Capital. Unless otherwise noted, the design and content features on the Site, including information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software and the like, as well as the selection, assembly and arrangement thereof (collectively: the “Information”), are owned by Channel Partners Capital or its affiliates or are licensed by Channel Partners Capital from third parties. The Site, each as a whole and in part, and the Information is protected by copyright, trademark, service mark, trade name, and other intellectual property and other proprietary rights, and all other applicable rights are reserved, and User shall abide by those laws. By furnishing Information, Channel Partners Capital does not grant any licenses to or transfer any title rights for any copyrights, patents or any other intellectual property rights. 

Site Availability 

Channel Partners Capital shall not be responsible for any disruption to the Site, regardless of length. Channel Partners Capital will not be liable for losses related to User’s inability to access content due to disruptions of the Site. Channel Partners Capital shall be excused from its performance of any obligations under this Agreement which are prevented or interfered with due to acts or conditions beyond the reasonable control of Channel Partners Capital.

Indemnification 

You agree to indemnify Channel Partners Capital and its affiliates, directors, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims, actions, liabilities, damages, and costs (including attorney’s fees) (collectively, “Claims”) which may arise from your unauthorized use of the Site, Services or Information obtained through use of the Site or your breach of this Agreement. Channel Partners Capital reserves the right to assume the exclusive control of any such defense of any such Claim. 

The Security of the Site 

We maintain physical, electronic, and procedural safeguards and personnel policies, consistent with applicable laws that are designed to guard the Site, our systems and Information provided by our Users. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. In the event of a breach of the confidentiality or security of your personal information, we will reasonably attempt to notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using your most current email address on record with us. 

Electronic Communications 

When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically or posted on the Site satisfy any legal requirement that such communications be in writing if such requirements are applicable.

Consent to Electronic Transactions and Disclosures.

Because you are using the Internet on the Site and Portal, it is necessary for you to consent to transact business with us online and electronically. We also need you to consent to our giving you certain Disclosures electronically, either via our Site or to the email address you provide to us. By agreeing to the Terms, you agree to receive electronically all documents, communications, notices, contracts, and agreements—arising from or relating to you—regarding any funding you may request or receive your use as Portal User on our Site. Your consent to receive Disclosures and transact business electronically. Our agreement to do so applies to any transactions to which such Disclosures relate, whether between you and Channel Partners Capital. Your consent will remain in effect as long as you are a Portal User and, if you are no longer a Portal User, will continue until such a time as all Disclosures relevant to transactions that occurred while you were a Portal User have been made.

Consent to Telephone Calls.

You also expressly consent to receiving servicing, collection and other calls and messages, including autodialed and pre-recorded message calls, and SMS messages (including text messages) from us, our affiliates, marketing partners, agents, and others calling at their request or on their behalf, at any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers). Your cellular or mobile telephone provider will charge you according to the type of plan you carry. By providing us with a telephone number for a cellular phone or other wireless device, including a number that you later convert to a cellular number, you are expressly consenting to receiving communications, including but not limited to prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing
system, from us and our affiliates and agents at that number. This express consent applies to each such telephone number that you provide to us now or in the future and permits such calls for non-marketing purposes. Calls and messages may incur access fees from your cellular provider. 

Jurisdiction and Governing Law 

Channel Partners Capital makes no representation that the content, the Information, or the Services offered through the Site are appropriate, available or legal in any particular location. Those who choose to access the content, the Information, and the Services offered through the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Those who access the Site from locations outside Minnesota are responsible for compliance with applicable local laws. Any claim relating to the Site or use of the Site or the Services will be governed by and interpreted in accordance with the laws of the State of Minnesota, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of the Site will be brought in, and you hereby consent to the exclusive jurisdiction and venue in, the competent courts in Minnesota or, at Channel Partners Capital’s sole election to binding arbitration before a single arbitrator pursuant to the American Arbitration Association’s Commercial Dispute Resolution Procedures, with such arbitration to take place in Minneapolis, Minnesota.

You hereby agree to waive all defenses of lack of personal jurisdiction and forum non-conveniens. If any term or provision of this legal notice is for any reason held to be invalid, such invalidity shall not affect any other term or provision, and this legal notice shall be interpreted as if such term or provision had never been contained in this legal notice.

The User understands and agrees that, in addition to monetary damages, Channel Partners Capital shall be entitled to equitable relief where appropriate upon User’s breach of any portion of this Agreement. 

Miscellaneous 

User agrees that no joint venture, partnership, employment or agency relationship exists between User and Channel Partners Capital as a result of this Agreement or User’s use of the Site. User may not assign any part of its rights and obligations under this Agreement without Channel Partners Capital’s prior written consent. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. The terms of this Agreement are severable and may be construed to the extent of their enforceability in light of the parties’ mutual intent. The titles and subtitles in this Agreement are used for convenience only and are not to be considered in construing it. 

General 

Channel Partners Capital may revise these Terms of Use at any time by updating this page on the Site and in such event your continued use of the Site, shall constitute your acceptance of such updated Terms of Use. Accordingly, you should visit this page from time to time to review the then-current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at the Site. 

You may contact Channel Partners Capital, LLC at 11100 Wayzata Boulevard, Suite 305, Minnetonka, Minnesota 55305 

This Terms of Use Agreement is Effective as of December 1, 2019.