Terms of Service
 

Effective Date: August 17, 2020

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Welcome to Iron Will Capital. These Terms of Service ("Terms") govern your access to and use of the Iron Will Capital website, online application, forms, services, and related digital platforms (collectively, the "Services") operated by Iron Will Capital, LLC ("Iron Will Capital," "we," "us," or "our").

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By accessing or using the Services, submitting an application, requesting information, or otherwise interacting with our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Services.

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1. Our Services

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Iron Will Capital provides business financing and related financial services to businesses throughout the United States. Our services may include equipment financing and leasing, business financing, revenue-based financing, lines of credit, factoring, and other financing programs.

The availability of any particular financing product depends on the applicant's business, credit profile, financial information, financing requirements, underwriting criteria, and other factors.

Information displayed on our website is provided for general informational purposes and does not constitute an offer or guarantee of financing.

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2. Financing Applications

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Submitting an application through our website or any other Iron Will Capital application channel does not constitute an approval for financing.

Any financing decision, including whether financing is offered, the amount financed, interest rate, fees, repayment terms, payment amount, structure, and other conditions, is subject to review and underwriting requirements.

Iron Will Capital reserves the right to request additional information and documentation in connection with an application.

We may obtain information from you, your business, credit reporting agencies, financial institutions, third-party data providers, and other sources as permitted by applicable law in connection with evaluating an application and providing our Services.

Submitting an application does not obligate Iron Will Capital or any financing provider to approve or fund the requested financing.

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3. Accuracy of Information

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You agree that all information you provide to Iron Will Capital is accurate, complete, and current.

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You agree not to provide false, misleading, fraudulent, or incomplete information or documents.

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You are responsible for promptly notifying us if information you previously provided becomes inaccurate or changes materially.

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Providing false or misleading information may result in the rejection of an application, termination of Services, or other action permitted by law.

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4. Third-Party Financing Providers

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Iron Will Capital may work with third-party lenders, financing companies, funding sources, service providers, and other business partners.

Depending on the circumstances, information submitted through our Services may be shared with appropriate third parties for purposes including evaluating financing eligibility, processing an application, providing financing, servicing an account, verifying information, conducting credit or financial reviews, and providing related services.

Third-party financing providers may have their own terms, disclosures, privacy policies, and requirements. If financing is provided by a third party, the agreement between you and that financing provider will govern that financing relationship.

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5. No Guarantee of Approval

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Iron Will Capital does not guarantee that an applicant will receive financing.

We do not guarantee any particular financing amount, interest rate, repayment term, approval decision, funding date, or other financing condition.

Any examples, estimates, rates, payment amounts, approval timeframes, or other information presented on our website are for informational purposes unless expressly stated otherwise in a written financing agreement.

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6. Electronic Communications

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By using our Services or submitting information through our website, you consent to receiving communications from Iron Will Capital regarding your application, account, requested services, and other business-related matters through electronic means, including email and, where legally permitted and separately consented to, telephone calls or text messages.

You may have additional rights concerning marketing communications and telephone or text communications. Any required consent or authorization presented to you during an application or communication process will be governed by the terms of that consent.

You may opt out of marketing communications by following the instructions provided in the communication or by contacting us using the information provided below.

Opting out of marketing communications will not prevent us from sending communications necessary to process an application, provide requested Services, service an account, or comply with legal obligations.

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7. Privacy

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Your use of our Services is also subject to our Privacy Policy, which describes how Iron Will Capital collects, uses, maintains, and shares information.

You can review our Privacy Policy on our website.

By using the Services, you acknowledge that you have reviewed our Privacy Policy.

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8. Website Content

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The information, text, graphics, logos, images, forms, software, and other materials available through the Services are owned by or licensed to Iron Will Capital and are protected by applicable intellectual property laws.

You may use the Services for legitimate personal or business purposes related to obtaining information about or applying for financial products and services.

You may not reproduce, distribute, modify, copy, publish, transmit, sell, license, reverse engineer, or otherwise exploit our website or its content without our prior written permission, except as permitted by applicable law.

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9. Prohibited Activities

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You agree not to:

• Use the Services for any unlawful or fraudulent purpose;

• Submit information belonging to another person without authorization;

• Submit false, misleading, or fraudulent information;

• Attempt to gain unauthorized access to our systems;

• Interfere with the operation or security of the Services;

• Introduce viruses, malware, or other harmful code;

• Scrape, harvest, or collect information from the Services through unauthorized means;

• Impersonate another individual or business; or

• Use the Services in a manner that violates applicable federal, state, or local law.

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10. Third-Party Websites and Services

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Our website may contain links to third-party websites, services, or resources.

Iron Will Capital does not control and is not responsible for the content, availability, security, privacy practices, or terms of third-party websites or services.

Your use of third-party websites and services is subject to the applicable third party's terms and policies.

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11. Disclaimer of Warranties

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To the fullest extent permitted by applicable law, the Services are provided on an "as is" and "as available" basis.

Iron Will Capital does not warrant that the Services will always be available, uninterrupted, secure, accurate, complete, or error-free.

We do not warrant that use of the Services will result in financing approval, funding, or any particular financial outcome.

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12. Limitation of Liability

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To the fullest extent permitted by applicable law, Iron Will Capital and its owners, officers, employees, agents, affiliates, and service providers will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating to your use of, or inability to use, the Services.

Nothing in these Terms is intended to exclude or limit liability that cannot legally be excluded or limited under applicable law.

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13. Indemnification

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To the fullest extent permitted by law, you agree to indemnify and hold harmless Iron Will Capital, its owners, officers, employees, agents, affiliates, and service providers from claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:

• Your use of the Services;

• Your violation of these Terms;

• Information or documents you submit through the Services;

• Your violation of applicable law; or

• Your violation of the rights of another person or entity.

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14. Changes to These Terms

Iron Will Capital may update or modify these Terms from time to time.

When changes are made, we may post the updated Terms on our website and update the effective date above.

Your continued use of the Services after updated Terms are posted constitutes your acceptance of the revised Terms to the extent permitted by applicable law.

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15. Termination

We may suspend or terminate access to the Services at any time when permitted by law, including if we believe you have violated these Terms, provided fraudulent or misleading information, or engaged in unlawful or abusive conduct.

Termination will not affect rights or obligations that accrued before termination.

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16. Governing Law

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These Terms will be governed by and interpreted in accordance with the laws of the State of New Hampshire, without regard to conflict-of-law principles, except to the extent federal law or another applicable law requires otherwise.

Any dispute arising from or relating to these Terms or the Services will be subject to the jurisdiction of courts located in New Hampshire, unless applicable law requires otherwise.

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17. Severability

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If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the fullest extent permitted by law and the remaining provisions will remain in full force and effect.

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18. Entire Agreement

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These Terms, together with any applicable financing agreements, disclosures, consents, policies, and other agreements presented to you in connection with our Services, constitute the applicable agreement between you and Iron Will Capital concerning your use of the Services.

If a separate written financing agreement conflicts with these Terms, the applicable financing agreement will control with respect to the financing transaction.

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19. Contact Us

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If you have questions regarding these Terms or the Iron Will Capital Services, you may contact us at:

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Iron Will Capital, LLC
6 Broadway St
Dover, NH 03820
Phone: (603) 608-3626
Email: info@ironwillcapital.com

Website: ironwillcapital.com