Fountainhead Commercial Capital, LLC Terms of Service (“Agreement”) This Agreement was last modified on March 9, 2018.
All Fountainhead Commercial Capital, LLC (“Fountainhead”) policies and other terms and conditions specific to particular online programs offered on Fountainhead internet sites (including, but not limited to,; FasTrack 504) are incorporated herein and made part of this Agreement by reference.
General By using a Fountainhead Site, you represent that you are 18 years of age or older and you agree to be bound by these Fountainhead Site Terms and Conditions.
Trademarks Certain trademarks, trade names, service marks and logos used or displayed on a Fountainhead Site are registered and unregistered trademarks, trade names and service marks of Fountainhead and its affiliates. Other trademarks, trade names and service marks used or displayed on a Fountainhead Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on a Fountainhead Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on a Fountainhead Site without the written permission of Fountainhead or such third party owner.
Use of a Fountainhead Site Each Fountainhead Site design and all text, graphics, information, content, and other material displayed on or that can be downloaded from a Fountainhead Site are either the property of, or used with permission by, Fountainhead and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of Fountainhead. You may not modify the information or materials located on a Fountainhead Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.
Accuracy of Information Fountainhead attempts to ensure that information on a Fountainhead Site is complete, accurate and current. Despite our efforts, the information on a Fountainhead Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currents of any information on this Fountainhead Site.
Third Party Links From time to time, a Fountainhead Site may contain links to websites that are not owned, operated or controlled by Fountainhead or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave a Fountainhead Site. Neither Fountainhead nor any of its affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither Fountainhead nor any of its affiliates endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from a Fountainhead Site, you do so entirely at your own risk.
Linking to a Fountainhead Site Creating or maintaining any link from another website to any page on a Fountainhead Site without Fountainhead’s prior written permission is prohibited. Running or displaying a Fountainhead Site or any material displayed on a Fountainhead Site in frames or through similar means on another website without Fountainhead’s prior written permission is prohibited. Any permitted links to a Fountainhead Site must comply will all applicable laws, rule and regulations.
User Information Other than personally identifiable information, which is subject to the Fountainhead Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to a Fountainhead Site in any manner (“User Communications”) is and will be considered nonconfidential and non-proprietary. Fountainhead, each of its affiliates and/or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes without compensation. Fountainhead may, but is not obligated to, monitor or review any User Communications. Fountainhead shall have no obligations to use, return, review, or respond to any User Communications. Fountainhead will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Fountainhead retains the right to remove any or all User Communications that includes any material Fountainhead deems inappropriate or unacceptable. Use of Cookies Fountainhead wants to ensure that all Fountainhead Sites are easy to use and reliable. This sometimes involves placing small amounts of information on your computer, including small files known as “cookies”. The cookies Fountainhead uses do not store personally identifiable information nor will they harm your computer. These pieces of information are used to improve Fountainhead Sites for you by, for example: ability for a site to recognize your device, your settings and preferences so you don’t have to provide the same information multiple times; recognizing that you have a username and password, not requiring you to enter that information each time; and measuring how many users are on Fountainhead sites, so there is enough capacity to ensure fast response. You can control and/or delete cookies as you wish. See Several cookies are set by Fountainhead web servers to ensure that your session is maintained for the duration of your visit (until you close your web browser), to help the site remember your settings and preferences (so you don’t have to keep re-entering them whenever you come back to us) and to help Fountainhead to diagnose and improve a Fountainhead Site. Disclaimers YOUR USE OF A FOUNTAINHEAD SITE IS AT YOUR OWN RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH A FOUNTAINHEAD SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER FOUNTAINHEAD NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH A FOUNTAINHEAD SITE. THE MATERIALS AND SERVICES ON OR THROUGH A FOUNTAINHEAD SITE MAY BE OUT OF DATE, AND NEITHER FOUNTAINHEAD NOR ANY OF ITS AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH A FOUNTAINHEAD SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FOUNTAINHEAD HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH A FOUNTAINHEAD SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FOUNTAINHEAD HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NONCOMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSONMOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. Limitations of Liability Fountainhead does not assume any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing a Fountainhead Site or your downloading of any materials, from a Fountainhead Site. IN NO EVENT WILL FOUNTAINHEAD OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF A FOUNTAINHEAD SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF A FOUNTAINHEAD SITE, ANY WEB SITES LINKED TO A FOUNTAINHEAD SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH A FOUNTAINHEAD SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING A FOUNTAINHEAD SITE. Revisions to these Terms and Conditions Fountainhead may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at a Fountainhead Site. Forward-Looking Statements Certain matters discussed on a Fountainhead Site may be “forward looking statements” as that term is used in the Private Securities Litigation Reform Act of 1995. Forward looking statements address future events, developments or results and typically use words such as believe, anticipate, expect, intend, plan, forecast, guidance, outlook, or estimate. For example, our forward looking statements may include statements regarding company growth, anticipated loans, and earnings expectations. Such statements are subject to risks and uncertainties that could cause actual results to differ materially, including economic conditions, industry trends, merchandise trends, vendor relationships, customer demand, and competition. In light of these risks and uncertainties, the future events, developments or results described by our forward looking statements could turn out to be materially and adversely different from those we discuss or imply. We are not obligated to release publicly any revisions to any forward looking statements contained on a Fountainhead Site to reflect events or circumstances occurring after the date of this report and you should not expect us to do so. Choice of Law; Jurisdiction These Terms and Conditions supersede any other agreement between you and Fountainhead to the extent necessary to resolve any inconsistency or ambiguity between them. Each Fountainhead Site is administered by Fountainhead from its offices in Florida. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of laws. Any controversy or claim arising out of or relating to a Fountainhead Site shall be settled by arbitration administered by the American Arbitration Association in accordance with its Expedited Procedures for Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. Termination You or we may suspend or terminate your account or your use of a Fountainhead Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of a Fountainhead Site at any time without notice. Additional Assistance If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us immediately via telephone at (407) 233-1504 or via email at