Last Updated: August 2019
This is a legal agreement between you (“you,” “Customer,” or “user”) and Camino Financial, Inc., (“we,” “us, “our,” “Company,” “Camino Financial,” or “Camino”). By accessing this website, and any sub-sites of this website (together the “Site”) and/or using any of the Services (“Services”), you agree to, and are bound by, the terms and conditions of this Terms of Use agreement and the Camino Privacy Policy (collectively, “Terms”) for as long as you continue to use the Site or Services. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MUST STOP USING THE SITE OR THE SERVICES IMMEDIATELY.
Camino Financial offers Services to Customers, who include small business owners and individuals.
Camino Financial’s primary Service is to offer loans to our small business owner Customers through Camino’s own sources of capital, or serves as a marketplace on behalf of banks, non-depository lenders, and other lending sources. For these credit services and products Camino originates, Camino aids small business owners in preparing required documents, processing the loan, and funding the loan.
In addition, Camino Financial provides Services through relationships with its third-party partners (“Affiliate Partners) who may connect Customers with offers for products and services relevant to Customers’ personal and/or business needs. For example, Camino Financial operates as a referral partner, on behalf of Affiliate Partners, to connect Customers with opt-in offers for Affiliate Partner products and services, including but not limited to personal loans, credit cards and insurance.
You must be at least 18 years old to use our Services. If you are an individual accepting these Terms on behalf of a company, then you are binding the company to these Terms, and represent and warrant that you have full power and authority to do so. Camino may modify these Terms from time to time as further described in Section 14.
a. Account. You may register to use the Site by following the instructions on the Site to create a Registered User Account (an “Account”). As a user of the Site or a user registered to use any of the Services (a “Registered User”), you agree to the following:
a. Ownership of Proprietary Information. You hereby acknowledge and agree that Camino is the owner of and has all rights to the Site and Services. You are permitted to use the Site and Services only as expressly authorized by these Terms. You may not copy, reproduce, distribute or create derivative works, reverse engineer or reverse compile any of the Site or Services or technology.
b. Content. All text, graphics, user interfaces, visual interfaces, photographs, trademarks (whether registered or not), logos, sounds, artwork of any kind, and computer code (collectively, “Content”), including but not limited to the design, structure, coordination, selection, appearance, and arrangement of the Content, contained on the Site is owned by Camino and is protected by trade dress, copyright, trademark, and other property laws and unfair competition laws. Any misuse of the Content will be at your peril and Camino will do all that is lawful to enforce and protect the Content.
c. No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) confidential information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Site or Services, without first obtaining the prior written consent of the owner of such proprietary rights.
d. License to Provided Content. By providing information or content to any Account or via the Site or Services, you automatically grant, and you represent and warrant that you have the right to grant, to Camino and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test or implement new features or services on the Site in which you may voluntarily choose to participate, in accordance with the additional terms and conditions of such features or programs. By your voluntary participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or services.
a. License Regarding User Information. You retain all ownership interest in and to the User Information and other content you provide to the Site or as part of your use of the Services. By submitting your content, including your personal and business information, you hereby grant to Camino a perpetual, non-exclusive, irrevocable, royalty-free license to: reproduce, adapt, edit, modify, translate, publish, transfer, and/or distribute any of your content. This license specifically includes the right for Camino to make such content available to other trusted companies, organizations, and/or individuals with whom Camino has a business relationship in order to carry out the performance of the Services.
b. Disclosure by Law. You acknowledge and agree that Camino may disclose information you provide if required or permitted to do so by law, at the request of a third-party, or if we, in our sole discretion, believe that disclosure is reasonable to (i) comply with law, requests, or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); or (ii) protect or defend Camino’s, or a third-party’s rights or property.
c. Information Security. We work hard to protect Camino and our Customers from unauthorized access to or unauthorized alteration, disclosure, or destruction of information we hold. In particular:
d. Use of Aggregate/Anonymous Information for Research. By using the Site and/or Services, you agree to allow Camino to anonymously use the information you provide to us and from your experiences through the Services to continue Camino’s research into successful business practices, as well as to improve the Services.
a. General. Camino has relationships with third-parties, including its Affiliate Partners, that may provide our Customers who opt-in with opportunities to access offers for loans, lines of credit, insurance, and other products and services. These offers may be presented to opt-in Customers via our Sites or separately. Any loan, credit product, or other product or service will be provided by the Affiliate Partner, subject to a separate agreement or terms between you and them. Such services and products may be available only to certain Customers who reside in approved jurisdictions. If opt-in Customer no longer wishes to obtain such communications, please contact us at the information provided below. WITHOUT LIMITING SECTION 6 (DISCLAIMER OF WARRANTY) OR SECTION 7 (LIMITATION OF LIABILITY) BELOW, CAMINO FINANCIAL HAS NO LIABILITY FOR THE AFFILIATE PARTNERS, THEIR ACTS OR OMISSIONS, OR ANY LOANS OR CREDIT PRODUCTS (OR CREDIT DECISIONS) OF THE AFFILIATE PARTNERS.
b. Your Responsibilities. The Site and Services may contain links to websites of third-parties, including without limitation, Affiliate Partners and advertisers, which are not under the control of Camino. Camino is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such websites. Camino provides these links to you as a convenience, and the inclusion of any link does not imply that Camino endorses or accepts any responsibility for the content on such third-party website. Your correspondence or business dealings or participation in promotions, with advertisers or third-parties found on or through the Site or Services are solely between you and such third-party. You agree that Camino will not be responsible or liable for any loss or damage of any sort incurred as the result of the presence of such third parties on the Site or Services. You are subject to and required to agree to the third parties’ separate terms and conditions, including their privacy policies. Please visit our Privacy Policy to learn more about how we use your information.
a. No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CAMINO PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CAMINO DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. CAMINO DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
b. Third-Party Content. Opinions, advice, statements, offers, or other information or content made available through the Site or Services, but not directly by Camino, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. CAMINO DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN CAMINO. UNDER NO CIRCUMSTANCES WILL CAMINO BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
c. Beta Features. From time to time, Camino may offer new “beta” features or tools with which its users may experiment on the Site or Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Camino’s sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.
a. Incidental Damages and Aggregate Liability. IN NO EVENT WILL CAMINO BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF CAMINO KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL CAMINO’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS TERMS OR THE USE OF THE SERVICES OR SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT OR SUBSCRIPTION, OR, IF YOU HAVE NOT PAID CAMINO FOR THE USE OF ANY SERVICES, THE AMOUNT OF US$25.00 OR ITS EQUIVALENT.
b. No Liability for Actions of Other Parties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL CAMINO BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES.
c. Information Verification. Camino and its contractors may use various methods of verifying information that users have provided. However, none of those ways are perfect, and you agree that Camino’s duty is to use its best effort, and that accordingly neither Camino nor its contractors will have any liability to you arising from any incorrectly verified information.
You agree to indemnify, defend and hold harmless Camino, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of (i) your use of or inability to use the Site or Services, (ii) any user postings made by you, (iii) your violation of any terms of these Terms or your violation of any rights of a third-party, or (iv) your violation of any applicable laws, rules or regulations. Camino reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Camino in asserting any available defenses.
We may use your email address to send you messages notifying you of important changes to the Services or special offers, including updates and content via the Camino Financial newsletter. Further, we may contact you by telephone, send you ringless voicemails, or send Short Message Services (“SMS “) if you voluntarily provide us with your telephone number, in order to communicate with you regarding the Services. If you do not want to receive such email messages, telephone calls, or SMS messages, please contact us at 800-852-0655 or email us at [email protected] and refer to our Privacy Policy to review your options.
This agreement will become effective upon your use of the Site and Services and will remain in effect in perpetuity unless terminated hereunder. Either you or Camino may terminate your Account at any time, for any or no reason, without explanation, effective upon written notice to the other party. Camino reserves the right to immediately suspend or terminate your access to the Services, without notice, for any reason or no reason. We also reserve the right to remove your Account information or data from our Services and any other records at any time at our sole discretion. In the event your access to any of the Services is suspended due to the breach of these Terms, you agree that all fees then paid to Camino by you will be nonrefundable and all outstanding or pending payments will immediately be due. You may terminate your Account by following the steps in the applicable section under “Cancellations” below.
You may cancel your registration to any Service at any time during the term of such registration or subscription or any renewal period by contacting us at 800-852-0655 or sending us an email to [email protected] with the subject line: “Cancelation Request.”
Additional terms and agreements may apply to other services and products and will be presented to you prior to your acceptance of such terms, and prior to your use of the services and products.
a. Controlling Law and Jurisdiction. You agree that Delaware law (without giving effect to its conflicts of law principles) will govern these Terms, the Site and the Services and that any dispute arising out of or relating to these Terms, the Site or the Services will be subject to the exclusive jurisdiction and venue of the federal and state courts in Delaware. You acknowledge and agree that any violation of these Terms may cause Camino irreparable harm, and therefore agree that Camino will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Camino may have for a breach of these Terms.
b. Miscellaneous. These Terms, the Privacy Policy located on the Site, and any applicable payment, renewal, additional services terms, comprise the entire agreement between you and Camino regarding the use of this Service, superseding any prior agreements between you and Camino related to your use of this Site or Services (including, but not limited to, any prior versions of this Terms). The FAQ’s found on the Services are for informational purposes only and are not deemed to be part of this Terms. Unless otherwise explicitly stated, the Terms will survive termination of your registration to the Service. The failure of Camino to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is held invalid, the remainder of the Terms will continue in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.
We reserve the right, at our sole discretion, to make changes to these Terms from time to time. If we do so, we will provide you with a notification to that effect as required by applicable law. However, we are not required to provide you with notice of all changes; therefore, you should review these Terms frequently. You may review updates to these Terms at any time via links on www.caminofinancial.com. Consistent with these Terms and applicable law, you agree to accept revised versions of these Terms of Use on www.caminofinancial.com and agree that such postings constitute notice to you of the revised version of these Terms. Changes take effect immediately upon posting as permitted by law. Please see the beginning of the Terms to determine when the Terms were last revised.
309 E 8th Street, Suite #601, Los Angeles, CA 90014
[email protected]
