Last Updated: January 2017
Camino Financial Inc., matches qualified small business owners with active banks, non-depository lenders and other lending sources, including loans from Camino Financial’s balance sheet. Through a proprietary credit assessment technology, Camino helps business owners identify business credit options offered through an array of different lenders. Camino aids small business owners in the preparation of required documents, processing the loan with the lender, and follows up to ensure the loan has been extended successfully. In addition, Camino Financial may attempt to offer other financial products and services relevant to borrowers.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks (whether registered or not), logos, sounds, artwork of any kind, and computer code (collectively, “Content”), including but not limited to the design, structure, coordination, selection, appearance, and arrangement of the Content, contained on the Site is owned by Camino and is protected by trade dress, copyright, trademark, and other property laws and unfair competition laws. Any misuse of the Content will be at your peril and Camino will do all that is lawful to enforce and protect the Content.
As used in these Terms, the following words shall have the following meanings. “Camino” includes “Camino Financial, Inc.”, “Camino Financial”, “we”, “us” and variations such as “our”. “Service” includes the products, services and software that you order, receive or access as part of the Camino service. “You” means anyone who uses Camino’s services, whether as (1) an individual; (2) an agent of a corporation, partnership, or other business entity; and/or (3) a guarantors. However, all Accounts with Camino are to be created on behalf of the business entity, rather than you as an individual (except for sole proprietorships).
You may register to use the Site by following the instructions on the Site to create a Registered User Account (an “Account”) on behalf of the business entity. As a user of the Site or a user registered to use any of the Services (a “Registered User”), you agree to the following:
a. Exclusive Use. Your Account is to be used only by you and only for your business needs. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Camino is not responsible for third-party access to your account that results from theft or misappropriation of your user name and passwords.
b. Information Submitted. You are solely responsible for, and assume all liability regarding (i) the information and content you provide through your use of the Site and any Services, (ii) the information and content you make available in any manner through the service, and (iii) your interaction with any and all third-parties.
c. Risk Assumption and Precautions. You assume all risk when using the Services, including but not limited to all of the risks associated with any interactions with third-parties, including but not limited to any lenders to which you are matched, referred or provided.
d. Matching Service. Camino will use its best efforts to (1) identify the business loan category and specific lender(s) that offer the best opportunity for your business needs; (2) match you with active banks, non-depository lenders and other lending sources to obtain the credit your business needs; and (3) introduced you to the most appropriate lending source via our proprietary technology.
e. No Guarantees. Camino may not be able to provide matches for every Registered User seeking to use its services. Further, Camino makes no guarantees as to the number of matches or any particular Registered User’s ability to obtain business funding.
f. Quality of Information. You agree to provide accurate, true, current and complete information.
g. Legal Purpose. You agree to not use the Site or Services for any illegal purpose. You will only use the Site or Service in accordance with federal, state and local laws.
h. Business Purpose. You agree to only use the Site or Services for a bona fide business purpose. You agree not to use the Site or Services for personal, family or household purposes. You may not use the Site or Services to obtain information about or make decisions about anyone but yourself and/or your business.
a. Ownership of Proprietary Information. You hereby acknowledge and agree that Camino is the owner of all rights in and to the Site and Services. Federal, state, and local laws and regulations protect these proprietary rights. You are permitted to use the Site and Services only as expressly authorized by these Terms. You may not copy, reproduce, distribute or create derivative works, reverse engineer or reverse compile any of the Site or Services or technology.
b. No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public,create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) confidential information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Site or Services, without first obtaining the prior written consent of the owner of such proprietary rights.
c. License to Provided Content. By providing information or content to any account or public area of the Site or Service, you automatically grant, and you represent and warrant that you have the right to grant, to Camino and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test or implement new features or services on the Site in which you may voluntarily choose to participate, in accordance with the additional terms and conditions of such features or programs. By your voluntary participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or services.
b. Disclosure by Law. You acknowledge and agree that Camino may disclose information you provide if required or permitted to do so by law, at the request of a third-party, or if we, in our sole discretion, believe that disclosure is reasonable to (i) comply with the law, requests or orders from law enforcement, or any legal process (whether or nor such disclosure is required by applicable law); or (ii) protect or defend Camino’s, or a third-party’s, rights or property.
c. Information Security. We work hard to protect Camino and our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. In particular:
. We encrypt many of our services using SSL.
. We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems.
. We restrict access to personal information to Camino employees, contractors and agents who need to know that information in order to process it, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.
d. Use of Anonymous Information for Research. By using the Site and/or Services, you agree to allow Camino to anonymously use the information from you and your experiences through the Services to continue Camino’s research into successful business practices and to improve the Services.
e. License Regarding Your Content. You retain all ownership interest in and to the content you provide to the Site or as part of your use of the Services. However, by submitting your content, including your personal and business information, you hereby grant to Camino a perpetual, non-exclusive, irrevocable, royalty-free license to: reproduce, adapt, edit, modify, translate, publish, transfer, and/or distribute any of your content. This license specifically includes the right for Camino to make such content available to other trusted companies, organizations, and/or individuals with whom Camino has a business relationship in order to carry out the performance of the Services. As part of its performance of the Services, Camino may (i) transmit or distribute your information over various public networks and in various forms; and (ii) make necessary changes to your content in order to perform its obligations.
a. No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CAMINO PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CAMINO DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. CAMINO DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
b. Third-Party Content. Opinions, advice, statements, offers, or other information or content made available through the Site or Services, but not directly by Camino, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. CAMINO DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN CAMINO. UNDER NO CIRCUMSTANCES WILL CAMINO BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
c. Beta Features. From time to time, Camino may offer new “beta” features or tools with which its users may experiment on the Site or Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Camino’s sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.
a. Incidental Damages and Aggregate Liability. IN NO EVENT WILL CAMINO BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF CAMINO KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL CAMINO’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS TERMS OR THE USE OF THE SERVICES OR SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT OR SUBSCRIPTION, OR, IF YOU HAVE NOT PAID CAMINO FOR THE USE OF ANY SERVICES, THE AMOUNT OF US$25.00 OR ITS EQUIVALENT.
b. No Liability for Actions of Other Parties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL CAMINO BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES.
c. Information Verification. Camino and its contractors may use various methods of verifying information that users have provided. However, none of those ways are perfect, and you agree that Camino’s duty is to use its best effort, and that accordingly neither Camino nor its contractors will have any liability to you arising from any incorrectly verified information.
You agree to indemnify, defend and hold harmless Camino, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of (i) your use of or inability to use the Site or Services, (ii) any user postings made by you, (iii) your violation of any terms of these Terms or your violation of any rights of a third-party, or (iv) your violation of any applicable laws, rules or regulations. Camino reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Camino in asserting any available defenses.
This agreement will become effective upon your acceptance of the Terms by registering to use the Site or by using any of the Services and will remain in effect in perpetuity unless terminated hereunder. Either you or Camino may terminate your Account at any time, for any reason or no reason, without explanation, effective upon written notice to the other party. Camino reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. In the event your access to any of the Services is suspended due to the breach of this Terms, you agree that all fees then paid to Camino by you will be nonrefundable and all outstanding or pending payments will immediately be due. You may terminate your account by following the steps in the applicable section under “Cancellations” below.
You may cancel your registration to any Service at any time during the term of such registration or subscription or any renewal period by sending a request via our Contact Page with the subject line: “Cancelation Request.”
Camino may offer to provide other services and products besides the Services. Additional terms for such other services and/or products will be presented to you prior to your acceptance of such terms and prior to your use of the services and/or products.
a. Controlling Law and Jurisdiction. You agree that Delaware law (without giving effect to its conflicts of law principles) will govern these Terms, the Site and the Services and that any dispute arising out of or relating to these Terms, the Site or the Services will be subject to the exclusive jurisdiction and venue of the federal and state courts in Delaware. You acknowledge and agree that any violation of these Terms may cause Camino irreparable harm, and therefore agree that Camino will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Camino may have for a breach of these Terms
Last Updated: January 2017
We take the security of your information very seriously. Camino protects your information with 2048 bit Secure Sockets Layer (SSL) encryption. This creates a bank level encrypted connection when submitting application forms on the Camino website. All data is securely kept on Amazon Web Service's servers in the United States.
If you allow Camino to see your banking information online rather than in paper form, we may record that information on a read-only basis. We do not have access to change, edit, or modify your online banking account information in any way, nor to make any transactions on your behalf.
We may use the information you provide about yourself and/or your business to fulfill your requests for our Services, to respond to your inquiries about our Services, and to offer you other products, programs, or services that we believe may be of interest to you. We may use your information to complete transactions you request, to verify the existence and condition of your accounts, or to assist with a transaction. We may use your information to improve and personalize the Services and any related services, including future products and services. For example, we may use your information to pre-fill form fields on the sites for your convenience.
We may share personal information about you as follows:
We may provide customers who have registered with us for this purpose to receive email alerts and summaries of their activity as set forth in the Terms of Service. We may also allow customers and other persons who have registered with us to subscribe to email newsletters and from time to time may transmit emails promoting Camino or third-party goods or services. Customers and other persons who have registered with us have the ability to opt out of receiving our promotional emails and to terminate their newsletter subscriptions by following the instructions in the emails. You may opt out of such communications by (1) replying to an e-mail with a message that tells us you wish to opt out of receiving such messages in the future; (2) sending us an e-mail at [email protected]; or (3) calling us at (800) 852-0655. Opting out in this manner will not end transmission of service-related emails, such as email alerts.
We may provide customers who have registered with SMS alerts regarding our Services. Registered customers can opt out of receiving these SMS alerts by texting the word “STOP” to any message you receive from us. Upon receipt of your “STOP” message, we will send you a SMS message to confirm that you have been unsubscribed. At that point, you will no longer receive any further SMS messages from Camino.