Thank you for visiting the Clout Capital website, https://cloutcapital.net/ (the "Website"). The Website is operated by Clout Capital. These Terms and Conditions explain how we conduct our business with you and govern your use of the Website. Please read them carefully. By accessing and using the Website you shall be bound by these Terms and Conditions. If you do not agree to be so bound, please immediately discontinue accessing or using the Website.
Whenever we say "you" or "your" that means you as: (a) a visitor to the Website; and/or (b) someone who is completing a request on behalf of a business for funding. By saying "we", "us" or "our", we mean Clout Capital, its affiliates and/or its, funding partners or assignees, based on the subject project.
1. Using the Website
While on the Website, you may be asked for certain financial and other information about you and your business. This information is used as part of the criteria for business funding decisions to be made. Please note that we are not a bank, broker, investment advisor, securities broker-dealer or financial planners. Before making any financial decision or implementing a financial strategy for your business, you should consider seeking advice from your lawyer, accountant, tax advisor or other relevant professional service provider. Your eligibility for particular business funding products is subject to a determination to be made in our sole discretion. This includes our funding partners or any licensed professional partners in our network with exempt and non-exempt finance products based on project.
You may not use this Website if you are under 18 years of age. By using the Website you are representing and covenanting that: (a) you are authorized to act on behalf of your business and to bind such entity; (b) all information provided by you is true, accurate and complete; (c) you are not misrepresenting your identity or any information related to your current financial accounts; (d) you are a resident of the United States or its territories; and (e) any funds that you receive from Clout Capital shall be used solely for business and not personal purposes.
You should not share your login credentials for the Website with anyone. To the extent permitted by law, we may discontinue or make changes to the products or services described on the Website. We may restrict, in our sole discretion, your use of the Website.
You shall obey all applicable federal, state, and local laws, regulations and rules when using the Website. We reserve the right to terminate any account with respect to the Website and to prevent your use of the Website if such account is used to engage in illegal activity or in violation these Terms and Conditions. Any fraudulent use of this web site will be handled according the (CFAA) (18 U.S.C. § 1030) and other state specific statues to the fullest extent, case reliant.
2. Authorization to Pull Credit and Collect Information
When you submit a request for pre-qualification or an application on the Website, you authorize us to contact any third party, including any credit reporting or database service, your current and prior third-party card processors, and your current and prior banks, so that we may confirm or obtain any information bearing on your creditworthiness or reputation. You also understand and agree that Clout Capital is making no commitment or guarantee that any product, evaluation, or guidance provided by Clout Capital will result in any approval for a business funding solution from Clout Capital or any third party. You are providing "written instructions" to Clout Capital, under the provisions of the Fair Credit Reporting Act, authorizing us to obtain a credit report or background report. Any such report(s) that Clout Capital obtains may include, without limitation, the business's or your credit history, U.S. Department of Transportation records, any other public records, and any other information bearing on credit standing, credit capacity, or character. Such reports will be used by Clout Capital to determine eligibility for a business funding solution. You will also provide and/or execute additional documents Clout Capital may require in order to access and review any tax information related to your business, which may include executing an Internal Revenue Service Form #8821.
Additionally, as part of our approval process in providing our Service, we may use a neutral third party to access your business financial information. Such third party may have its own terms and conditions of use or access.
3. Authorization to Conduct Business Electronically
By using the Website, you consent to: (a) transact business with us online and electronically; (b) receive certain disclosures electronically, either via the Website or an email address provided by you; and (c) receive electronically all relevant documents, communications, notices and contracts related to your business funding pre-qualification, funding request, servicing or collection.
To electronically receive, view and save these Terms and Conditions and/or disclosures, you must have a personal computer equipped with an up to date web browser and either a printer, hard drive or other storage device. You must also have a valid email address. If your email address changes, please notify us immediately.
4. Authorization to Contact You
You authorize Clout Capital and its affiliates, agents, assigns and service providers (collectively, the "Messaging Parties") to contact you using automatic telephone dialing systems, artificial or prerecorded voice message systems, text messaging systems and automated email systems in order to provide you with any and all information related to your pre-qualification, request for funding and/or account. You authorize the Messaging Parties to make such contacts using any telephone numbers (including wireless, landline, VOIP numbers and hereinafter developed technology) or email addresses you supply to the Messaging Parties. You understand that anyone with access to your telephone or email account may listen to or read the messages the Messaging Parties leave or send you, and you agree that the Messaging Parties will have no liability for anyone accessing such messages. You further understand that, when you receive a telephone call, text message or email, you may incur a charge from the company that provides you with telecommunications, wireless and/or Internet services, and you agree that the Messaging Parties will have no liability for such charges. You expressly authorize the Messaging Parties to monitor and record your calls with the Messaging Parties. You understand that, at any time, you may withdraw your consent to receive text messages and calls to your cell phone or to receive artificial or prerecorded voice message system calls by calling the Messaging Parties at (888) 923-0007.
5. Privacy
Protection of your personal information is important to us. For information about our privacy and data protection policies, please read our Privacy Policy here. The Privacy Policy is incorporated into these Terms and Conditions by reference.
6. Website Content
Although we try to provide accurate and timely information on the Website, there may be inadvertent, technical, or factual inaccuracies and typographical errors. For these reasons, we cannot warrant the accuracy, completeness, or timeliness of the information, text, graphics, links or other items on the Website.
The Website's content, including but not limited to all images, icons, text, software, logos, expressions and ideas are protected by copyright, trademark and other intellectual property laws. You shall not post on or transmit to or from the Website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, immoral, or profane material, or any other content that could give rise to any civil or criminal liability. The Website content is provided "as is" and without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
7. Accessing the Website via a Mobile Device
If you are accessing the Website via a mobile device (such as a smartphone or tablet), in addition to all other requirements, you shall ensure that you have software on your mobile device that allows you to print and save any disclosures presented to you during the pre-qualification or application process. If you do not have these capabilities on your mobile device, please access the Website through a device that provides such capabilities.
8. Limitation of Liability and Indemnity
We shall not be liable for any direct or indirect, special, incidental, or consequential damages, losses or expenses that may arise in connection with: (a) your use of the Website, or from your use of, or inability to use, this Website or any information provided on the Website; (b) any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure; or (c) the disclosure of information when replying to you by email or other electronic means or receiving emails from you. This limitation shall apply even if we have been advised of the possibility of such damages, losses, or expenses.
You shall indemnify, defend and hold us harmless from and against any and all claims, losses, expenses, demands, or liabilities, including reasonable attorneys' fees and costs, incurred by us in connection with any claim by a third party (including any intellectual property claim) arising out of your use of the website in violation of these Terms of Use or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without our written consent.
9. Miscellaneous
These Terms and Conditions shall be governed by the laws of the United States and the State of California, County of Riverside, without giving effect to otherwise applicable principles of conflict of laws. If any portion of these Terms and Conditions change due to applicable law or are declared invalid by order of a court, the remaining portions shall not be affected, and these Terms and Conditions will be interpreted as to best effectuate their intent. No failure, omission, or delay on our part to exercise any right under these Terms and Conditions will preclude any other further exercise of that right or other right we may possess.
You acknowledge that we may from time to time amend all or any part of these Terms and Conditions and/or change the features or functionality of the Website. We will notify you electronically of such changes to the extent required by applicable law. Your use of the Website after the effective date of such changes shall constitute your agreement to be bound by the terms of such changes. We encourage you to review these Terms and Conditions periodically for any changes.
Thank you for visiting our web site.
https://cloutcapital.net/
Clout Capital
Laguna Beach CA 92651
info@cloutcapital.net
949-767-0549
Effective Date: September 2017
Updated: November 21, 2024
