Thanks for viewing Prestar Capital’s Secure Application Service Agreement. This document governs how we refer your Prestar Capital application to our lending partners in order to secure financing.
We recommend all visitors review both our Terms of Service and our Secure Application Service Agreement before using our site, services or products. This is part of our effort to ensure your entire experience is as transparent as possible.
If you have any questions, please don’t hesitate to contact us at support@GoPrestar.com.
PRESTAR CAPITAL SECURE APPLICATION SERVICE AGREEMENT
Last Revised: April 2016
This Secure Application Service Agreement (“Agreement”) is a legally binding agreement between you and Prestar Capital, LLC. (“Prestar Capital”) (each a “Party,” and collectively the “Parties”). As used in this Agreement, the words “you” and “your” refer to you, the user of Prestar Capital’s website or applications, as the party agreeing to this Agreement. The words “we,” “us,” “our” and any other variation thereof refer to Prestar Capital. Any reference to Prestar Capital in this Agreement includes our directors, officers, employees, contractors, owners, agents, licensors, or licensees. As used in this Agreement, the term “Site” includes all websites and applications that we operate that link to this Agreement, pages within each such website or application, any equivalent mirror, replacement, substitute or backup website or application, and pages that are associated with each such website or application. The use of the word “including” in this Agreement to refer to specific examples will be construed to mean “including, without limitation” or “including but not limited to” and will not be construed to mean that the examples given are an exclusive list of the topics covered.
You must read this Agreement in its entirety and indicate your acceptance of the terms and conditions contained herein. Before you continue, you should print or save a copy of this Agreement for your records.
1. Acceptance of Agreement. By using the Secure Application Service, you agree to, and are bound by, the terms and conditions of this Agreement. If you do not agree to be bound by this Agreement, do not use the Secure Application Service. You may not use the Secure Application Service or accept this Agreement; if (a) you are not of legal age to form a binding contract with Prestar Capital; (b) you are prohibited by law from receiving or using the Secure Application Service; or (c) you are not a U.S. resident.
2.1 Defined Terms. Unless the context requires otherwise, capitalized terms in this Agreement shall have the following meanings:
(a) “Account Information” means information about accounts you maintain at third party sites, including, as applicable, your accounts at any financial institution, as provided by you to Prestar Capital.
(b) “Affiliate” means, with respect to a Party, any person, firm, corporation, partnership (including, without limitation, general partnerships, limited partnerships, and limited liability partnerships), limited liability company, or other entity that now or in the future, directly controls, is controlled with or by or is under common control with such Party.
(c) “Applicable Law” means all federal and state laws, including regulations, applicable to the activities and obligations contemplated under this Agreement, including without limitation the federal Truth-in-Lending Act, Equal Credit Opportunity Act, Fair Credit Reporting Act, Fair Debt Collection Practices Act, the Gramm-Leach-Bliley Act, Dodd Frank Act, CAN-SPAM Act and all applicable state licensing, consumer credit and privacy laws, as the same may be amended and in effect from time to time during the Term.
(d) “Business Day” means any day (other than a Saturday, Sunday or legal holiday) on which federally-insured financial institutions are permitted to be open to conduct substantially all of their business.
(e) “Profile Information” means the initial information you provide to us to provisionally pre-qualify you to receive funding under a Funding Provider’s terms and conditions, including as applicable, business name and address, amount and intended purpose of funding sought, certain financial information regarding the business, and certain information regarding the business owner, as well as the username and password that allow you to access the Secure Application Service, as such information shall change from time to time.
(f) “Secure Application Service” means the secure application service provided by Prestar Capital to you, as described further in Section 4.
3.1 Prestar Capital Contact Information. The company you are working with is Prestar Capital, a Delaware corporation. Prestar Capital’s contact information is as follows:
Address: 1012 West 9th Avenue, Suite 240, King of Prussia, PA 19406
Telephone Number: 1 (877) 694-2087
Internet Address: https://www.GoPrestar.com/
4. Services to be Performed For You by Prestar Capital
4.1 The Secure Application Service. This Agreement applies to the following service (the “Secure Application Service”), which Prestar Capital will perform upon your request:
Identifying you to alternative lenders and other sources of funding (each one, a “Funding Provider”; once matched, a “Matched Funding Provider”) and furnishing Matched Funding Providers with information and documents submitted by you to Prestar Capital, including but not limited to, your business name and address, amount and intended purpose of funding sought, certain financial information and documents regarding the business, and certain information and documents regarding your business owner (the “Application Information”). Each such identification of you to a Matched Funding Provider constitutes a “Referral”.
5. Services to Be Performed For You By Matched Funding Provider. Once Prestar Capital makes a Referral to any Matched Funding Provider, the Matched Funding Provider will initiate its underwriting process based on the Application Information and will determine, according to its own terms and conditions, whether to provide funding to you. If a Matched Funding Provider chooses to provide funding to you, the Matched Funding Provider will provide you with detailed information about your funding options, including loan amounts, interest rates, points, fees and other terms. Prestar Capital has no role in a Matched Funding Provider’s decision to provide or not provide funding to you or the terms and conditions under which the Matched Funding Provider chooses to offer you a loan
6. Your Use of the Secure Application Service.
6.1 Use of the Secure Application Service in Accordance with Agreement and Applicable Law. You will not use the Secure Application Service for any illegal purpose. You will only use the Secure Application Service in accordance with the terms and conditions of this Agreement and any Applicable Law.
6.2 Business Purpose. You will only use the Secure Application Service for a bona fide business purpose. You will not use the Secure Application Service for personal, family or household purposes. You may not use the Secure Application Service to obtain information about or make decisions about anyone but yourself and/or your business, or on behalf of a business which has provided documented authorization or consent.
6.3 Acknowledgements and Agreements.
(a) You agree to provide true, accurate, current and complete Application Information at all times.
(b) You acknowledge and agree that you are responsible for maintaining your Profile Information. If you believe that your Profile Information or a device that you use to access any Site has been lost or stolen, that someone is using the Service using your Profile Information without your authorization, or that an unauthorized transaction has occurred, you must notify us immediately at support@PrestarCapital.com.
(c) You acknowledge and agree that a Referral does not guarantee that you will receive funding from any Matched Funding Provider.
(d) You acknowledge and agree that the Funding Terms may differ from the terms and conditions that apply to funding you ultimately receive from a Matched Funding Provider.
(e) You acknowledge and agree that Prestar Capital has no role in a Matched Funding Provider’s decision to provide or not provide funding to you, and that Prestar Capital provides the Application Information to the Matched Funding Provider on your behalf.
7.1 There is No Fee for Your Use of the Secure Application Service. We do not charge you any fee for the Secure Application Service. We only receive compensation from the Funding Providers. Our compensation from a Funding Provider varies depending on the total amount of funding provided. Funding Providers may include the fees paid to us as part of your terms of your funding. Prestar Capital does not control a Funding Provider’s terms, but we use our best efforts to make clear the specific amount of any fees and interest rates charged to you by a Funding Provider. We also make our best effort to minimize or eliminate any impact that compensation paid to us may have on your fees and interest rates. Ultimately, however, funding terms and conditions are entirely and solely within the Funding Provider’s discretion.
You agree to release, indemnify, and hold harmless Prestar Capital and its Affiliates, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way related to: (a) your access to, use of, or inability to use the Secure Application Service; (b) your breach of this Agreement; (c) your violation of any rights of a third party; (d) your interaction with any Funding Provider; (e) any duties, responsibilities, or obligations you may have to a Funding Provider, including with respect to, but not limited to, a Referral; (f) your violation of any Applicable Law; (g) the violation of any Applicable Law by a Funding Provider; or (h) your failure to provide and maintain true, accurate, current and complete Application Information, Profile Information, and Account Information.
9. Warranties and Disclaimers.
9.1 Limitation of Liability. Under no circumstances shall Prestar Capital, its subsidiaries, partners, or affiliates, be liable to you for (a) any indirect, incidental, consequential, special or exemplary damages arising from or relating to the use or inability to use the Secure Application Service (even if Prestar Capital knows or has been advised of the possibility of such damages), including, but not limited to, damages for loss or corruption of data or documentation, service interruptions, or Prestar Capital’s or your liabilities to third parties arising from any source; (b) except as required under applicable law, any indirect, incidental, consequential, special or exemplary damages, arising from or relating to the conduct of you or anyone else in connection with the use of the Secure Application Service, including, but not limited to, damages arising from your failure to provide Prestar Capital with accurate information or a third party’s failure to correctly verify such information.
9.2 No Warranties. Except as expressly set forth in this agreement, the Secure Application Service provided hereunder by Prestar Capital is provided “as is” with all faults and without any representations or warranties. The entire risk as to satisfactory quality, performance, accuracy, and effort is with you. Prestar Capital does not represent or warrant that the Secure Application Service will be available, accessible, uninterrupted, timely, secure, accurate, complete, or entirely error-free. This disclaimer of warranty extends to you and each buyer and is in lieu of all warranties and conditions whether express, implied, or statutory, including the implied warranties of merchantability, fitness for particular purpose, title, and non-infringement with respect to the Secure Application Service, and any implied warranties arising from course of dealing or course of performance. No advice or information provided by Prestar Capital shall constitute any warranty with respect to your use of the Secure Application Service. Prestar Capital does not guarantee or assume any responsibility for any service advertised or offered by any third party service relating to either Prestar Capital or any funding provider. Prestar Capital makes no guarantee as to the number of funding providers with whom you may be matched using the Secure Application Service, nor does Prestar Capital guarantee that you will be able to obtain business funding in any amount using the Secure Application Service, including from any funding provider for whom your verified information provisionally prequalifies you for such funding. You understand and agree that Prestar Capital is neither a funding provider nor a financial advisor, and nothing on this site is intended to be a substitute for professional financial advice.
10. Term and Termination.
10.1 Term. This Agreement shall commence on the date signed until the date that the funding requested closes, or until either Party terminates this Agreement in accordance with the terms hereof, whichever is earlier (the “Term”).
10.2 Termination Rights of Prestar Capital. Prestar Capital may terminate this Agreement at any time in its sole discretion.
10.3 Your Termination Rights. You may terminate this Agreement at any time by ending your use of the Secure Application Service and notifying Prestar Capital at support@Prestar Capital.com.
11. General Terms.
11.1 Waiver. The waiver by Prestar Capital of a breach of any provision contained herein shall be in writing and shall in no way be construed as a waiver of any subsequent breach of such provision or the waiver of the provision itself.
11.2 Governing Law; Consent to Jurisdiction; Waiver of Jury Trial. This Agreement will be deemed entered into in Delaware and will be governed by and interpreted in accordance with the laws of the State of Delaware, excluding: (i) that body of law known as conflicts of law, and (ii) the United Nations Convention on Contracts for the International Sale of Goods. The Parties agree that any dispute arising under this Agreement will be resolved in the state or federal courts in Delaware and the Parties hereby expressly consent to jurisdiction therein. The parties irrevocably waive any and all rights to a trial by jury.
11.3 Third Party Beneficiaries. Except as limited by Section 11.7, this Agreement and the rights and obligations hereunder shall bind, and inure to the benefit of the Parties and their successors and permitted assigns. Nothing in this Agreement, expressed or implied, is intended to confer upon any person, other than the Parties and their successors and permitted assigns, any of the rights hereunder.
11.4 Entire Agreement. This Agreement contains the entire agreement between the Parties with respect to the subject matter hereof and supersedes any prior or contemporaneous oral or written agreements. Each Party acknowledges and agrees that the other has not made any representations, warranties or agreements of any kind, except as expressly set forth herein.
11.5 Survival. All provisions of this Agreement that by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, Sections 8, 9, and 10.3 and definitions herein as applicable to interpretation of the foregoing shall survive the termination of this Agreement.
11.6 Severability. If any provision of this Agreement (or any portion thereof) is determined to be invalid or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and shall be binding upon the Parties and shall be enforceable, as though said invalid or unenforceable provision (or portion thereof) were not contained in this Agreement.
11.7 Assignment. Neither this Agreement nor any rights hereunder may be transferred or assigned by either Party without the prior written consent of the other Party, which consent shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Prestar Capital may assign this Agreement or any rights hereunder without consent: (i) to an entity that acquires substantially all of its stock, assets or business; or (ii) to an Affiliate. Except as provided in this section, any attempts by either Party to assign any of its rights or delegate any of its duties hereunder without the prior written consent of the other Party shall be null and void.
11.8 Headings. The headings, captions, headers, footers and version numbers contained in this Agreement are intended for convenience or reference and shall not affect the meaning or interpretation of this Agreement.