Privacy/Terms

Thank you for visiting the web site of Capital Partners (“CP”, “we”, “us” or “ours”). We understand that on-line privacy is very important to you. We have adopted this Internet Privacy Statement to ensure that your personal information is handled safely and responsibly.

This Internet Privacy Statement applies to personal information that we obtain from you via your interactions with us through this web site (the Site). Additional privacy and confidentiality requirements apply to clients and prospects. Clients and Prospect should refer to the Factoring

Master Agreements for specific information.

Personal Information We Collect

A visitor to our Site is not required to reveal any personally identifiable information (Personal Information).

We do not collect Personal Information from your computer when you browse this Site. Unless you voluntarily and knowingly provide us with Personal Information, we will not know your name, your email address, or any other personally identifiable information. We collect some information about visitors indirectly through standard web logs, including IP address and what browser is being used (e.g., www.yourcompany.com). However, we only use this information in the aggregate to administer and improve our Site.

If, while visiting our Site, you request information about Capital Partners or the products and services we offer, we may ask you to provide certain Personal Information, such as your name, mailing address, email address and phone number. If you elect to furnish this information, we will collect it and use it so that we may respond to your request for additional information about us. (You may elect not to provide this information about yourself, but doing so may limit your ability to receive information about our products and services.)

If you wish to sign up to use our online platform, we will ask you to provide certain contact Personal Information, such as your name, email address, and phone number, as well as sensitive identifying Personal Information, such as your social security number, tax ID number and driver’s license number.

We also collect third party personal information when you wish to add a contact or a new individual owner to your account. Personal information is collected such as name, address, email address, social security number, and phone number. If the third party added as an owner would like to opt out of having their personal information on the site please contact the site at monitoring@cpfactor.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it.

Access to Your Personal Information

If your Personal Information changes, or if you no longer desire our service, you may correct, update, delete or deactivate it by emailing our Customer Support at services@cpfactor.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it or by contacting us by telephone or postal mail using the contact information listed below:

P.O. Box 1037
Carlsbad, CA 92018
Toll Free: (866) 310-1955
Fax: (866) 310-1954

Cookies

A cookie is a small text file created by a web site that stores information on your computer, such as your preferences when visiting that site. Cookies also measure usage of various pages on our Site to help us make our information more pertinent to your needs and easy for you to access, and they help us provide products or services that we believe would be of interest and value to you. Our usage of a cookie is in no way linked to any of your Personal Information while on our Site.

You may set your browser to block cookies (consult the instructions for your particular browser on how to do this), although doing so will adversely affect your ability to perform certain actions, use certain functionalities and access certain content on our Site.

We employ a software technology called tracking pixels (a.k.a. Web Beacons/Web Bugs), that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. We do not tie the information gathered by clear gifs to our customers’ personally identifiable information.

We use a third-party tracking services that uses cookies to track non-personally identifiable information about visitors to our site in the aggregate.

Testimonials

We post customer testimonials on our Site, which may contain Personal Information, such as the customer’s name. Before posting such a testimonial from you, we would obtain your consent to post your name along with your testimonial.

If you want to remove any of your Personal Information that is being displayed on our Site’s public pages, please send your request to monitoring@cpfactor.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it.

How We Use Personal Information

We use your Personal Information to conduct our business and to respond to your requests for information about our products and services. For example, if while visiting our Site you provide your Personal Information in conjunction with a request for additional information about a product or service that we offer, we may send you emails and notices about products and services that we think may be of interest to you. If you prefer not to receive promotional materials from us, see how to opt out below.

We may share your Personal Information with our affiliates and subsidiaries that are members of our corporate family. We may also disclose your Personal Information when we believe it is required by law or necessary to operate our business, including when necessary to: (1) enforce the Terms of Use of our Site; (2) protect and defend our rights or property; (3) comply with a court order, warrant, subpoena or other legal process or other legal requirements of any governmental authorities, or (4) governmental authorities, in our sole discretion, in exceptional circumstances, such as a national emergency, security concern, or other situations in which we deem such disclosure to be prudent.

To provide you with quality service, we may disclose the Personal Information we collect to service providers that perform email marketing, promotional and other services on our behalf. These parties are contractually prohibited from using your Personal Information for any purpose other than for the reason we specify. If you prefer that we not share your Personal Information with our service providers, you can advise us of your preference by sending us an email addressed to monitoring@cpfactor.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it.

From time to time, we may also share your Personal Information with select reputable unaffiliated companies with which we have strategic marketing relationships. These companies may use your Personal Information to offer you high quality products or services that we believe may be of interest to you. If you prefer that we not share your Personal Information with our strategic marketing partners, you can advise us of your preference by sending us an email addressed to monitoring@cpfactor.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it.

Emails About Special Offers & Promotions; Opt Out

It is our intention to send you only email communications, e.g. newsletters, that will be useful to you and that you want to receive. These communications will relate to information and/or offers from us and/or the promotions of select, reputable third parties with which we have a strategic marketing relationship. We use a third party email service provider to send emails. This service provider is prohibited from using your email address for any purpose other than to send email on our behalf. When you receive an email from us, you will have the choice to opt out of future emails from us by following the unsubscribe instructions provided in the email.

Security

Because we are committed to keeping your Personal Information secure, we limit the collection and use of your Personal Information to what we believe would be useful to tell you about our products and services and to otherwise conduct our business. In addition, we educate our employees to appreciate the importance of confidentiality and privacy and restrict access to your Personal Information to those employees who need to know it in order to provide services to you or to respond to your requests. We also maintain appropriate physical, electronic and procedural safeguards, security standards and procedures that meet or exceed industry standards. All personal and general information that we collect is stored on a secure server that is protected by firewalls designed to block unauthorized outside access. Because laws applicable to personal information vary by country, we may implement additional measures that vary depending on the legal requirements applicable in a particular jurisdiction. Information collected on our Site is generally processed and stored in the United States.

The security of your Personal Information is important to us. When you enter sensitive information (such as your social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL) and use SSL encryption whenever we transmit your sensitive information.

Third Party Links

Our Site may contain links to other Internet web sites that were developed and are sponsored or maintained by third parties. Third party Internet sites and services accessible through our web site have separate privacy and data collection practices, independent of us. We have no responsibility or liability for these independent policies or actions.

Third Party Persona Information

If you choose to use our referral service to tell a friend about our site or to email an article to a friend, we will ask you for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the site.

Service Providers

We use a third party to provide live chat services on our site.

Third parties are prohibited from using your personally identifiable information for any other purpose other than the service they are contracted to perform.

Children

This Site is not directed toward children. We do not promote our products or services online to children, and we not intentionally collect any personally identifiable information from children under 13.

Privacy Statement Changes

In order to accommodate changes in our Site, evolving technology and any necessary legal requirements, we may need to change this Privacy Statement at any time. If we decide to change this Privacy Statement, any material changes will be prominently posted to this page, our home page, and other places we deem appropriate at least 30 calendar days before we implement the change. We will make this information available promptly so that you are aware of what information we gather, how we might use that information and whether we will disclose it to anyone.

We reserve the right to modify this Privacy Statement at any time, so please review it frequently. If we make material changes to this Privacy Statement, we will notify you here, by email or by means of a notice on our home page.

For additional information, or if you have additional questions about this Privacy Statement or our privacy policy, please submit your comments or questions to us at Capital Partners, Attn: LaDona Caluory, President, P.O. Box 1037, Carlsbad, CA 92018 (866) 310-1955; monitoring@cpfactor.com. This e-mail address is being protected from spambots. You need JavaScript enabled to view it. Any Personal Information you submit will be used solely to respond to your requests, comments or questions.

This Privacy Statement does not supersede the Terms and Conditions of Use that govern your use of this Site. Any conflict between the Terms of Use and this Privacy Statement will be resolved in favor of the Terms and Conditions of Use.

Effective Date

The effective date of this Privacy Statement is 04/01/2010

Terms of Use

WHAT YOU SHOULD KNOW

Welcome to the cpfactor.com website (the “Website”). The goal of this Website is to provide you with Capital Partners factoring products/services and related links to meet your needs. Please read our Terms of Use (the “Terms”) carefully before continuing on with your use of this Website. These Terms shall govern the use of the Website and apply to all Internet traffic visiting the Website. By accessing or using this Website, you agree to the Terms. The Terms are meant to protect all of our Website visitors and by using this Website you agree with these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS WEBSITE. Capital Partners reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting. By using this Website after we have posted notice of such modifications, alterations or updates you agree to be bound by such revised Terms.

In accordance with our goals, this Website will permit you to link to other Websites, that may or may not be affiliated with this Website and/or Capital Partners, and that may have terms of use that differ from, or contain terms in addition to, the Terms specified here. Your access to such Websites through links provided on this Website is governed by the terms of use and policies of those sites, not this Website.

PRIVACY

Registration data and certain other information about you are subject to our Privacy Policy. For more information, please review our full Privacy Policy which can be found on cpfactor.com.

TRADEMARKS, COPYRIGHTS AND RESTRICTIONS

This Website is controlled and operated by Capital Partners Funding LLC, P.O. Box 1037, Carlsbad, CA 92018, telephone 1-866-310-1955. All content on this Website, including, but not limited to text, images, and illustrations, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by Capital Partners or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively “Providers”) that have licensed their content or the right to market their products and/or services to Capital Partners.

LINKS

This Website may contain links to other Websites (“Linked Sites”). The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk. The content of any Linked Sites is not subject to Capital Partners’s control, and Capital Partners is not responsible for, and does not endorse, such content, whether or not Capital Partners is affiliated with the owners of such Linked Sites.

DISCLAIMER OF WARRANTIES AND LIABILITY

ALL CONTENT ON THIS WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION. CAPITAL PARTNERS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER CAPITAL PARTNERS, ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEBSITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEBSITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. CAPITAL PARTNERS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEBSITE.

YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. YOU (AND NOT CAPITAL PARTNERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR HARDWARE AND SOFTWARE SYSTEMS. YOU EXPRESSLY AGREE THAT NEITHER CAPITAL PARTNERS, NOR ITS AFFILIATED OR RELATED ENTITIES (INCLUDING ITS PROVIDERS), NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEBSITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEBSITE OR ANY OTHER LINKED SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CAPITAL PARTNERS AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, LOST PROFITS, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL OR BUSINESS RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEBSITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT CAPITAL PARTNERS IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, CAPITAL PARTNERS’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Capital Partners and the Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms or resulting from your use of this Website.

THIRD PARTY RIGHTS

These Terms are for the benefit of Capital Partners and its Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.

GOVERNING LAW/FORUM

You agree these Terms are governed by and construed in accordance with the laws of the State of California, irrespective of California’s choice-of-law principles. All actions and proceedings arising in connection with these Terms must be tried and litigated exclusively in the State and Federal courts located in the County of San Diego, State of California, which courts have personal jurisdiction and venue over each of the parties to these Terms for the purpose of adjudicating all matters arising out of or related to these Terms. You authorize and accept service of process sufficient for personal jurisdiction in any action against you as contemplated by these Terms by registered or certified mail, return receipt requested, postage prepaid, to its address for the giving of notices set forth in this Agreement.

NOTICES

Any notices or communications under these Terms shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the following addresses: (a) if to Capital Partners, such notices shall be addressed to services@cpfactor.com or 2544 Campbell Place, Suite 200 Carlsbad, California 92009; and (b) if to you, such notices shall be addressed to the electronic or mailing address specified in your information request form, or such other address as either party may give the other by notice as provided in these Terms.

ENTIRE AGREEMENT

The provisions and conditions of these Terms and our Privacy Policy, and each obligation referenced herein, represent the entire Agreement between Capital Partners, its affiliated or related entities, and you, and supersede any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between these Terms and any future published terms of use or understanding, the last published Terms or terms of use or understanding shall prevail.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY CAPITAL PARTNERS FUNDING, LLC

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