Terms of service
Terms of service
Welcome to NexWest Capital, comprised of NexWest Capital LLC. (“NexWest Capital,” “we” or “us”) and its subsidiaries. These Terms of Service govern the use of our websites (collectively, “Website” or “Site”) and our online and mobile services, including our small business financing products and services (collectively, “Services”) by clients, customers and users (collectively, “Users” or “you”).
These Terms of Service constitute a binding legal agreement. Please read this agreement carefully to ensure that you understand each provision. If you do not agree to any of these terms, then please do not use the Website or the Services.
In addition to these Terms of Service, any request for small business financing is also subject to a separate Business Finance Terms and Conditions agreement, that will be provided to you, and that you must agree to, as part of the application process.
NexWest Capital reserves the right to make unilateral modifications to these Terms of Service and will provide notice of these changes as described below. Each modification will be effective upon posting on this Site. You agree to be bound to any changes to this Agreement when such modification is posted on the Website. If you do not agree to any of these terms, then please do not use the Website or the Services.
You may use the Service only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations.
By accessing Services, you represent that you are 18 years of age or older. Any use of or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. Your profile will be deleted, and your access to Services may be terminated without notice, if NexWest Capital believes in its sole discretion that you are less than 18 years of age. The Service is not available to any Users previously removed from the Service by NexWest Capital.
NexWest Capital does not tolerate discrimination or any action having a discriminatory or discouraging impact, on any basis prohibited under applicable law, including, but not limited to, race, sex (including childbearing capacity), sexual orientation, gender identity or expression, military or veteran status, disability, HIV or AIDS status, national origin, ancestry, creed, religion, familial status, marital or civil union status, political affiliation, receipt of pension benefits, receipt of child support, receipt of public assistance, the use or nonuse of a spouse’s surname, age (provided the applicant has the capacity to contract) or any other basis that has no economic basis. In addition, all lenders and funders using NexWest Capital’s platform to provide small business financing must comply with our antidiscrimination policy and applicable state and federal laws.
You are solely responsible for the activity that occurs in your account, and you must keep your account up to date and your computer or mobile device secure. You must notify NexWest Capital immediately of any change in any of your Information and documents that you upload onto our platform, or in the case of a breach of security or unauthorized use of your account. You accept sole responsibility for all of your activities using the Service and you may never use another User’s account. NexWest Capital will not be liable for any inaccuracy contained in your personal or account information or relating to the use of your account.
4. Limitations on Use
You acknowledge that the Service is subject to certain limitations and may not be available in your jurisdiction. NexWest Capital offers only certain kinds of small business financing in Nebraska, Nevada, North Dakota, South Dakota and Vermont. NexWest Capital does not broker any small business financing in California to funders licensed under the California Finance Funders Law. Small business financing may also be subject to certain limitations on a state-by-state basis. You also agree to access and use all Services relating to small business financing in accordance with our Business Finance Terms.
You will not use the Services for any unauthorized or unlawful purpose. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “bots”, “robots,” “spiders,” “offline readers,” etc., to access the Service (except that NexWest Capital grants the operators of public search engines revocable permission to use spiders to copy materials from biz2service.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at NexWest Capital’s sole discretion an unreasonable or disproportionately large load on NexWest Capital’s infrastructure; (vi) uploading invalid data, viruses, worms, or other destructive code or software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
NexWest Capital may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in NexWest Capital’s sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
NexWest Capital makes no representations that the Service are appropriate or available for use in jurisdictions other than the United States. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your internal business use only and as permitted by the features of the Service, including Services relating to the application for and provision of fundings and other funding products for small businesses (“Business Finance Services”). NexWest Capital reserves all rights not expressly granted herein in the Service and the NexWest Capital Content (as defined below). NexWest Capital may terminate this license at any time for any reason or no reason. NexWest Capital may include commercial opportunities or content in any product, services, image or webpage.
If you wish to access case studies, financial calculator tools, the Newsletter, Small Business Lending IndexTM (“SBLI” or the “Index”), the Knowledge Center or simply browse NexWest Capital Site, no prior registration is required. However, if you wish to use any other Services, including without limitation DocVaultTM, BizAnalyzerTM, the business funding and credit Dashboard, Business Finance Service or participate in Community features, you must in all such cases register with NexWest Capital.
Through its online and mobile digital platform, NexWest Capital offers small business financing products through third party lenders and funders and its own direct funding subsidiary, Itria Ventures LLC. In order to access our small business financing Services, you must also agree to our Business Finance Terms, which will be provided to you as part of the financing application process.
7. Mobile Software
You can use software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. NexWest Capital does not warrant that the Mobile Software will be compatible with your mobile device. NexWest Capital hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one NexWest Capital account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, funding, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software.
You acknowledge that NexWest Capital may from time to time issue upgraded versions of the Mobile Software and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and NexWest Capital or its third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. NexWest Capital reserves all rights not expressly granted under this Agreement. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth in this Agreement and applicable law. The Mobile Software originates in the United States and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the NexWest Capital Service.
The following applies to any Mobile Software you acquire from any App Store (“App Software”): You acknowledge and agree that this Agreement is solely between you and NexWest Capital and that App Store operator has no responsibility for the App Software or content thereof. Your use of the App Software must comply with the App Store Terms of Service.
8. Proprietary Rights
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “NexWest Capital Content”), and all intellectual property rights related thereto, are the exclusive property of NexWest Capital and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any NexWest Capital Content. Use of the NexWest Capital Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
9. User Content
The Website may contain messaging features that allow users to post, blog submit, publish, display or communicate with NexWest Capital or other Users (hereinafter, “post”) content or materials (collectively, “User Content”).
Any User Content you post to the Service will be considered non-confidential and non-proprietary. By providing any User Content on the Site, you grant to NexWest Capital and its licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material. You understand and acknowledge that you are responsible for any User Contents you submit or contribute, and you have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. NexWest Capital reserve the right, but have no obligation, to monitor communications between you and other Users. NexWest Capital shall have no liability for your interactions with other Users, nor is NexWest Capital responsible for the content or accuracy of any User Content posted by you or any other User on the Site.
You may choose, or NexWest Capital may invite you, to submit comments or ideas about the Services, including without limitation about how to improve the Service or NexWest Capital products (“Suggestions”). By submitting any Suggestion, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place NexWest Capital under any legal obligation, and that we are free to use the Suggestion without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You hereby waive any rights in and to any suggestions, ideas or comments you may provide to NexWest Capital relating to the Website or any Services. You further acknowledge that, upon acceptance of your Suggestion, NexWest Capital will exclusively own all rights (including all intellectual property rights) therein relating to the Services.
You agree to defend, indemnify and hold harmless NexWest Capital and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your information or any that is sent/submitted via your account; or (vi) any other party’s access and use of the Service with your unique username or other appropriate security code.
11. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall NexWest Capital, its affiliates, agents, directors, employees, subsidiaries, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this Service. Under no circumstances will NexWest Capital be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.
To the maximum extent permitted by applicable law, NexWest Capital assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; (vii) user content or the defamatory, offensive, or illegal conduct of any third party; and/or (viii) losses arising from the use of your account. In no event shall NexWest Capital, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding us $1,000.00.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if NexWest Capital has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
12. No Warranty
By using our Services, including submitting an application for small business financing, you expressly acknowledge and agree that NexWest Capital does not represent, warrant or guarantee that you will qualify for or obtain a business funding or other business funding product. In addition, NexWest Capital does not represent, warrant or guarantee that you will qualify for or obtain a business funding or other business funding product in the amount requested or at all. In all cases, credit, lending and funding decisions are made only by the funder at its sole discretion.
The Services are provided on an “as is” and “as available” basis and, to the maximum extent permitted by applicable law, they provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, NexWest Capital, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the Services will meet your requirements; that the Services will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service are free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Services is downloaded at your own risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Services.
NexWest Capital does not warrant, endorse, guarantee, or assume responsibility for any product or service offered by a third party, and NexWest Capital will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of NexWest Capital on NexWest Capital servers. You agree that NexWest Capital has the absolute right to manage, regulate, control, modify and/or eliminate any such data as it sees fit in its sole discretion, in any general or specific case, and that NexWest Capital will have no liability to you based on its exercise of such right. All data on NexWest Capital’s servers are subject to deletion, alteration or transfer. Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, account history and account content residing on NexWest Capital’s servers, may be deleted, altered, moved or transferred at any time for any reason in NexWest Capital’s sole discretion, with or without notice and with no liability of any kind. NexWest Capital does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on NexWest Capital’s servers.
14. Governing Law
You agree that: (i) the Service shall be deemed solely based in New York; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than New York. This Agreement shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in New York County, New York for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that New York County, New York is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from NexWest Capital. For any dispute with NexWest Capital, you agree to first contact us at info@NexWest Capital.com and attempt to resolve the dispute with us informally. In the unlikely event that NexWest Capital has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding individual arbitration by JAMS, Inc. (“JAMS”), under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in New York County, New York, unless you and NexWest Capital agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing NexWest Capital from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
16. Class Action/Jury Trial Waiver
With respect to all persons and entities, regardless of whether they have obtained or used the service for personal, commercial or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and NexWest Capital are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
17. Notification Procedures and Changes to the Agreement
This Agreement, together with any amendments and any additional agreements you may enter into with NexWest Capital in connection with the Service, shall constitute the entire agreement between you and NexWest Capital concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
19. No Waiver; No Assignment
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and NexWest Capital’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by NexWest Capital without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Please contact us firstname.lastname@example.org with any questions regarding this Agreement. This Agreement was last modified on February 2020