Terms and Conditions of Midtown Capital Application and Use of Web Site ("Terms of Use")

First Posted: April 24, 2020.

Last Modified: N\A

1. Terms and Conditions

Welcome to Our Web Site located at midtowncapital.ca ("The Web Site"). Midtown Capital is the registered business names of Midtown Capital (referred to as the “Company”, “We” or “Us” or “Our”), an Ontario corporation with a registered head office in Toronto, Ontario. We are in the business of assisting business clients to obtain funding or related financial services (“Services”) either from Ourselves or through other third party credit providers.

2. Acceptance of the Terms of Use

BY SUBMITTING AN ONLINE APPLICATION FOR FINANCING OR SIMPLY BY BROWSING THIS WEB SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY REFERENCED DOCUMENTS SUCH AS THE PRIVACY POLICY COLLECTIVELY, THESE “TERMS OF USE”).THESE TERMS OF USE APPLY TO YOUR USE OF THE WEB SITE AND OUR SERVICES WHETHER YOU ARE A GUEST OR A REGISTERED USER.

IN ADDITION, IF YOU RECEIVE FINANCING FROM US OR OTHER THIRD PARTY YOU AGREE TO BE BOUND THE TERMS AND CONDITIONS OF SUCH FUNDING AGREEMENT.

You represent to Us that you have the legal authority to bind your company or entity applying for credit and that all information provided to or submitted to Us in true and accurate in all respects. By making a funding application, you authorize us to run a credit check on your business organization.

3. Changes To Terms Of Use

We reserve the right to add to or remove, modify or otherwise change any part of these Terms of Use at any time. Changes will be effective when the changed Terms of Use are posted on this Site. You should check the Terms of Use frequently for changes by checking the date next to "Last Updated" at the top of this document. If any change to the Terms of Use is not acceptable to you, you should discontinue your use of this Web Site immediately. Your continued use of this Web Site after changes to the Terms of Use are posted means you accept the changes. If You are a registered user, We will use Our best efforts to notify You by email of such changes.

4. Changes To This Web Site

We may terminate, change, suspend or discontinue any aspect of this Web Site including all products and services at any time without notice. We may change the availability of any features, services or products, add new services or products and change the pricing for all products and services and otherwise add, remove, modify or otherwise change any contents on this Web Site, impose limits on certain features or restrict access to parts or all of this Site. We reserve the right, but not the duty, to correct any errors or omissions in any portion of this Web Site at any time without notice.

5. License to Access the Web Site

We happily grant you a limited licence to view this Web Site, to print individual pages from the Web Site, and electronically copy pages from the Web Site for the sole purpose of using materials it contains for informational and non-commercial, personal uses only. This licence grant is conditional on you complying with these Web Site Terms of Use.

You may not remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from this Web Site.

6. Registration and Continued Access to this Web Siteand Management of Your online Account

To access the Web Site or some of the resources it offers, you may be asked to provide certain registration details or other information and to select or be provided with a username and password. You must treat this logon information as confidential, and you must not disclose it to any third party. You agree to immediately notify Us of any unauthorized use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

It is a condition of your use of the Web Site that all the information you provide on the Web Site is correct, current and complete. You also agree to update such information in the event of changes which affect this information.

We have the right to disable any user identification code or password, whether chosen by you or provided by us, at any time in Our sole discretion for any or no reason, including, if in our opinion, you have failed to comply with any provision of these Terms of Use

When you visit the Midtown Capital Web 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 this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

7. Intellectual Property

All Web Site materials are owned or licensed by Us and are protected by Canadian and international copyright, trademark and other applicable laws. See the paragraph 5 license respecting access to this Web Site.

8. Reliance on Information Posted

The information presented on or through the Web Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Web Site, or by anyone who may be informed of any of its contents.

9. Information About You and Your Visits to the Web Site = Privacy Policy

All information we collect on this Web Site is subject to our Privacy Policy. By using the Web Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy .

10. Geographic Restrictions Canada Only Except Quebec

We provide this Web Site for use only by businesses located in Canada excluding the Province of Quebec. We make no claims that the Web Site or any of its content or Services is accessible or appropriate outside of Canada. Access to the Web Site may not be legal by certain persons or in certain countries. If you access the Web Site from outside Canada, you do so on your own initiative and are responsible for compliance with your local laws. We will not provide Our Services to foreign businesses that do not operate in Canada.

11. Linking to the Web Site

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any Web Site that is not owned by you. The Web Site must not be framed on any other site, nor may you create a link to any part of the Web Site other than the homepage. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

12. Links from the Web Site

If the Web Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Web Sites linked to this Web Site, you do so entirely at your own risk and subject to the terms and conditions of use for such Web Sites.

If you are having issues with access to or use of the Web Site including the online educational course on demand, you may reach us at info@MidtownCapital.ca and We will use Our best efforts to respond within twenty-four hours of any request.

13. Disclaimer of Warranties

ALTHOUGH WE STRIVE TO UPDATE AND KEEP ACCURATE AS MUCH AS POSSIBLE THE CONTENT CONTAINED ON THE WEB SITE, ERRORS AND/OR OMISSIONS MAY AND DO OCCUR.

ACCORDINGLY, THIS WEB SITE, INCLUDING THE CONTENT AND PRODUCTS AND SERVICES ACCESSED, OFFERED OR PROVIDED AND PURCHASED AND SOLD, IS BEING PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND FROM US, EITHER EXPRESS OR IMPLIED ARISING FROM STATUTE, COURE OF DEALING, USEAGE OF TRADE OR OTHERWISE. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Some jurisdictions do not allow the limitation on implied warranties and conditions. If these laws apply to you, some or all of the above disclaimers may not apply to you.

14. Limitation on Liability

IN NO EVENT WILL MIDTOWN CAPITAL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEB SITE, ANY WEB SITES LINKED TO IT, ANY CONTENT ON THE WEB SITE OR SUCH OTHER WEB SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEB SITE OR SUCH OTHER WEB SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

15. Indemnification

You agree to defend, indemnify and hold harmless Midtown Capital, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms of Use or your use of the Web Site, including, without limitation, any use of the Web Site’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Web Site.

16. Governing Law and Jurisdiction - ONTARIO

These Terms of Use and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) or the Services We provide to you shall be governed by and construed in accordance with the internal laws of the Province of Ontario without giving effect to any choice or conflict of law provision or rule (whether of the Province of Ontario or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Web Site shall be instituted exclusively in the federal courts of Canada or the courts of the Province of Ontario, in each case located Toronto, Ontario, although We retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your province of residence or any other relevant country. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

17. Waiver and Severability

No waiver of these Terms of Use by US shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of US to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

18. Entire Agreement

The Terms of Use and Our Privacy Policy constitute the sole and entire agreement between us and replace any prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Web Site or Our Services.

Contact Us

info@midtowncapital.ca
Midtown Capital
2300 Yonge Street Suite 1600
Toronto, Ontario, Canada
M4P 1E4