Terms and Conditions of Midtown Capital Application and Use of Web Site
First Posted: April 24, 2020.
Last Modified: N\A
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.
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
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
We reserve the right to add to or remove, modify or otherwise change any
Use frequently for changes by checking the date next to "Last Updated" at
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.
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
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
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.
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
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
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.
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
using the Web Site, you consent to all actions taken by us with respect to
your information in compliance with the
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
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.
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
without limitation, any use of the Web Site’s content, services and
use of any information obtained from the Web Site.
16. Governing Law and Jurisdiction - ONTARIO
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
Any legal suit, action or proceeding arising out of, or related to, these
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,
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
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.
jurisdiction to be invalid, illegal or unenforceable for any reason, such
provision shall be eliminated or limited to the minimum extent such that
18. Entire Agreement
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
2300 Yonge Street Suite 1600
Toronto, Ontario, Canada