Terms and Conditions

The Terms and Conditions govern your use of usmedcapital.com

1. Terms
By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trade mark law. If there is any contradiction between these Terms and another agreement you enter into applicable to specific aspects of the service, the other agreement shall take precedence in relation to the specific aspects of the service to which it applies. We may modify these Terms from time to time and such modification shall be effective upon posting by US MED Capital, LLC (“USMED”) on this website. You agree to be bound to any changes to these Terms when you use the services after any such modification is posted. It is therefore important that you review these Terms regularly upon each use of the services to ensure you are updated as to any changes.

2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on USMED’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on USMED’s website; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by USMED at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer
The materials on USMED’s website are provided “as is”. USMED makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, USMED does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations and Indemnity
In no event shall USMED or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on USMED’s Internet site, even if USMED or a USMED authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. You agree to indemnify and hold USMED, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your content, any third party content you post or share on or through the website, your use of the service or the website, your conduct in connection with the service or the website or with other users of the service or the website, or any violation of these Terms or of any law or the rights of any third party.

5. Revisions and Errata
The materials appearing on USMED’s website could include technical, typographical, or photographic errors. USMED does not warrant that any of the materials on its website are accurate, complete, or current. USMED may make changes to the materials contained on its website at any time without notice. USMED does not, however, make any commitment to update the materials.

6. Links
USMED has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by USMED of the site. Use of any such linked website is at the user’s own risk.

7. Site Terms of Use Modifications
USMED may revise these terms of use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law
Any claim relating to USMED’s website shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. General Terms and Conditions applicable to Use of a Website.

Privacy Policy
Your privacy is very important to us. Appropriately, we have created a Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The Privacy Policy can be found at privacy-policy.

1. Terms and Conditions
The US MED Capital services and website (each as defined below) are operated by US MED Capital, LLC., a Florida Limited Liability Company, also authorized to and doing business in the State of Texas or a subsidiary or affiliate thereof (collectively, “USMED”, “We”, or “Us”). USMED is in the business of providing customers with factoring facilities, asset based lending and related services (“Service”). USMED is not a broker, investment advisor or financial planner, and we do not provide financial, securities, legal or tax advice. Before making any decision or implementing any strategy you should consider obtaining additional information and advice from your accountant, attorney, and/or other advisors. “You” is defined as the owner of the company completing the application on behalf of the company seeking funding. Unless otherwise noted, any agreements, authorizations or consents made by You or permissions granted to You hereunder also apply and are binding on your company seeking funding from USMED.

2. Accepting the Terms
By using the information, tools, features and functionality located at usmedcapital.com or subdomains (the “Website”) or by submitting an application for funding to USMED, you signify that you have read, understand and agree to be bound by these terms and conditions (the “Agreement”) for any and all applications for credit to USMED. You further agree all information being provided by your company as the applicant and/or by you as the Guarantor as part of the application process for funding is true and complete.
You may not use the Service and you may not accept this Agreement if you are under 18 years of age. You represent that you have the capacity to bind the company or entity applying for funding, on behalf of such company or entity. You understand that we will require you to sign a guarantee of performance for the funding obtained by your company from USMED. We will take a general lien on your business’s assets. Before you continue, you should print or save a copy of this Agreement for your records.
USMED may make changes to this Agreement from time to time. If we do this, the date at the top of this page indicates when the latest revisions were made. Your continued use of the Service or the Website will constitute acceptance of such revisions.

3. Credit and Background Check Authorization
You understand and agree that USMED and our agents and assignees are authorized to contact third parties to conduct background checks and other investigative reports, including but not limited to your business credit card sales data as described below, and make credit report inquiries (including requesting personal credit bureau reports about you and any other owner(s) of the business who will be signing the guarantee of performance, and business credit bureaus about your company, in either case, from credit reporting agencies and other sources) or for any other lawful purpose. USMED has such authority for the foregoing in connection with any extension of funding to the company on whose behalf you are applying, conducting file updates, ongoing reviews, renewal of funding, or referral of your business to third party lenders. Upon your written request, we will advise you if we obtained a credit report. You understand and agree that USMED is making no commitment or guarantee that any product, evaluation, or guidance provided by USMED will result in an approval of funding from USMED or any third party lender.

4. Privacy, Personal and Company Information
For information about USMED’s data protection practices, please read our Privacy Policy, which can be accessed on the Website, as modified from time to time, which is hereby incorporated into this Agreement. The Privacy Policy explains how USMED collects and treats your personal and company information, and protects your privacy, when you access USMED and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the Website.

5. Identity Verification
To help the government fight the funding of terrorism and money laundering activities, federal law requires financial institutions to obtain, verify, and record identifying information that identifies each person and entity applying for credit. Therefore, when your company applies for credit, we ask for your name, address, and other information that allows us to identify you and your company. We may also ask for a driver’s license or other identifying documents. You allow us to obtain such information and share the information with third parties to help us verify you and your company’s identity. In connection with the provision of the Service, users may submit financial information from their business banking account to USMED. USMED uses this information for its lending decisions and may require updates to monitor the performance of customers on an ongoing basis. With the Service, users may direct USMED to retrieve your company information maintained online or otherwise by third-party financial institutions or organizations authorized to house such information.

6. INTELLECTUAL PROPERTY RIGHTS
All content on the Website or used by the Service, including but not limited to text, names, designs, pictures, information and software are the proprietary property of USMED with all rights reserved. You are permitted to use content delivered to you through the Service or Website only on the Service. You may not copy, reproduce, modify, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the Service technology.

7. Electronic Communications
You hereby consent to receive by electronic means, (or in writing through postal mail or email), this Agreement, communications, disclosures and notices, including and any and all disclosures and/or notices required to be given by applicable law or regulation. You also consent to allow USMED to respond to any inquiries by e-mail, at the email address you have provided, regardless of the format of the original inquiry. You must also agree to our ESign consent during the online application process.

8. Telephone Communications
You authorize USMED and those acting on its behalf to deliver or cause to be delivered advertisements or telemarketing messages, including calls, text messages, and SMS and MMS messages, using an automatic telephone dialing system (often referred to as an autodialer) or an artificial or prerecorded voice, to the telephone numbers you have provided in your application for credit to USMED (including your cellular phone numbers). You agree that this consent applies even if the numbers you have provided are currently on any state, federal, or corporate Do-Not-Call registry. You understand that you are not required to provide this consent as a condition of receiving any credit or services from USMED, and that you may apply for business credit by contacting us directly. You may opt out of receiving calls and marketing from USMED and its affiliates, marketing partners, agents and others as provided in the Privacy Policy or by contacting us directly.

9. Third Party Sites or Content
The Website or other materials sent to you under the Service may contain links to other Websites (“Third Party Sites”), as well as content from third parties. USMED is not responsible for such Third Party Sites or content from third parties, including without limitation accuracy, reliability, offensiveness, or appropriateness. If you decide to leave the Website and access Third Party Sites or third party content, this Agreement and USMED policies no longer apply. In addition, if any such link is to another capital provider or lender, USMED acts solely as a referrer and does not guarantee or underwrite the products or services, including credit products, provided by such capital provider or lender. You will be deemed a customer of that capital provider or lender with respect to any products or services provided by such capital provider or lender. USMED has no role in, nor any liability for any decision made or product or service provided by such other capital provider or lender.

10. Limitation on Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE WEBSITE OR THE SERVICES, INCLUDING THE UNAVAILABILITY OF THE SERVICES FOR ANY REASON, OR ANY SYSTEM FAILURE OR MALFUNCTION ASSOCIATED WITH THE SERVICES, AND INCLUDING ANY THIRD PARTY CLAIMS, WHETHER BASED ON THEORIES OF BREACH OF CONTRACT, TORT, PRODUCT LIABILITY, OR BREACH OF WARRANTY. THESE LIMITATIONS OF LIABILITY WILL APPLY EVEN IF WE ARE ADVISED ON THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PARTIES UNDERSTAND THAT THE SERVICES BY US WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS

11. Warranty
WE DISCLAIM ANY WARRANTY OF MERCHANT LIABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY LIABILITY FOR ERRORS OR OMISSIONS IN ANY INFORMATION PROVIDED AS PART OF THE SERVICES OR ON THE WEBSITE AND ANY WARRANTIES REGARDING THE OPERABILITY OF THE SERVICES OR LIABILITY FOR ANY SERVICE INTERRUPTIONS OR SYSTEM FAILURES THAT MAY AFFECT THE SERVICES AT ANY TIME.

12. Governing Law; Venue and Jurisdiction
By accessing the Website or using Services, you agree that the laws of the state of Florida or Texas law applies which may result in a choice of law less favorable to Applicant, then, in such event, the laws of the State of Texas shall control in their entirety , without regard to any principles of conflict of laws that would require or permit the application of laws of any other jurisdiction, will govern this Agreement or your use of the Services.

You understand and agree that US MED Capital, LLC, (including its agents, assignees and subsidiaries, collectively “USMED”) are authorized to contact third parties to conduct background checks and other investigative reports, including but not limited to your business credit and sales data, as described below, and make credit report inquiries (including requesting personal credit bureau reports and background checks about you and any other owner(s) of the business who will be providing a personal guarantee of performance, and business credit bureaus about your company, in either case, from credit reporting agencies and other sources) or for any other lawful purpose. USMED has such authority for the foregoing in connection with any extension of credit to the company on whose behalf you are applying, conducting factoring facility file updates, ongoing factoring facility reviews, renewal of financing, or referral of your business to third party lenders. Upon your written request, we will advise you if we obtained a credit report. You understand and agree that USMED is making no commitment or guarantee that any product, evaluation, or guidance provided by USMED will result in an approval of credit from USMED or any third-party lender.

Data Collection
You understand and agree that we and our agents and assignees are authorized to contact third party credit card processors, billing companies, insurance carriers and networks used by your company in order to obtain historical and ongoing information/metrics related to Your company, including, but not limited to, company name, address, phone number, and industry; and Your company’s sales, including, but not limited to, transaction spend, number of transactions, and repeat customers Such information and metrics will be used by USMED for purposes of providing the USMED Service, including, but are not limited to, sales agent call routing, underwriting, customer management, and enhancement of USMED’s credit model.

By clicking the check box next to the E-Sign Consent Agreement, you are accepting all of the following terms and conditions relating to the electronic notification/communications policy of US MED Capital, LLC (including its subsidiaries, collectively “USMED”) and USMED’s electronic consent and contract binding policy. Please read the information below carefully and thoroughly.

YOU AGREE TO ELECTRONIC CONTRACT BINDING. You consent that your electronic signature on agreements and documents has the same legal and moral effect as if you signed such agreements and documents in ink and will be deemed valid, authentic, enforceable and binding. You understand and acknowledge that the federal Electronic Signatures in Global and National Commerce Act defines an “electronic signature” as an electronic sound, symbol or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to be bound by such contract or record. Based on this definition, you further consent that your electronic actions or your participation in certain electronic processes that are logically associated with a contract or any fully disclosed terms and conditions shall also have the same legal effect as if you signed such contract or agreed to such terms and conditions by providing your written signature in ink and you agree that such actions/participation will be deemed a valid and binding contract to the extent such actions/participation indicates your intent to be legally bound.

YOU AGREE TO ELECTRONIC COMMUNICATIONS. You hereby agree that USMED may provide any communication or notification to you electronically and you hereby consent to receive by electronic means any and all agreements, documents, disclosures and/or notices required to be given by applicable law, regulation or internal USMED policy. You also consent to allow USMED to respond to any inquiries or communications by e-mail, fax or other electronic means regardless of the format of the original inquiry. You agree that electronic copies of communications are valid, and you will not contest the validity or enforceability of such communications or any related transactions, absent proof of altered data or tampering. Pursuant to law and regulations, you agree and acknowledge that all electronic communications delivered to you by USMED (i) shall be given the same legal effect as signed paper communications, (ii) shall be considered a “writing” or “in writing” and (iii) shall be deemed for all purposes to have been “signed” and to constitute an “original” when printed from electronic files or records established and maintained in the normal course of business. You agree that all electronic communications and actions recorded by USMED shall be deemed valid and admissible originals.

YOU UNDERSTAND THE DISCLOSURES ABOUT CHANGING YOUR CONSENT. If you elect to receive required notices and disclosures only in paper format, it may slow the speed at which we can complete certain steps in transactions with you and delivering services to you. Nonetheless, you may change your consent at any time. Your consent to electronic communications and E-signing may also be withdrawn at any time by providing us with written notice that has been notarized and sent to the address below. Notwithstanding your change of consent, any electronic communications provided, or agreements entered into with your electronic signature prior to your consent being withdrawn shall remain effective and binding.

US MED Capital
ATT: E-Sign
1031 Ives Dairy Road
Miami, Florida 33179

Your correspondence must contain in the body of such request your e-mail address, full name, US Postal address, and telephone number. After your withdrawal of consent has been received and processed by USMED, all subsequent notifications and communications will be sent by regular mail to the last known address on file with USMED. You have the option to receive any information that we have provided electronically in paper form at no cost to you by providing a written request to the address above. Additionally, you will have the ability to download and print certain documents through the USMED Online system.

YOU ACKNOWLEDGE AND CONFIRM YOUR CONSENT. If you consent to receiving notices and disclosures in electronic format on the terms and conditions described above, please let us know by clicking the check box next to “E-Sign Consent Agreement” on the previous page. By clicking the check box, you acknowledge and confirm that (1) you can access and read this E-SIGN CONSENT AGREEMENT; (2) you can print on paper the disclosure or save or send the disclosure to a place where you can print it, for future reference and access; and (3) until or unless you notify USMED as described above, you consent to receive from and through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by USMED during the course of your relationship with USMED.