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Tre Capital Business Membership Terms and Conditions Agreement
You’ve joined Tre Capital to allow us to assist You in building your business credit profile. We do this by verifying the information the Business chooses to share with us, and then sharing it with other companies like business credit bureaus, business lenders, and other third party service providers that contract with us to assist us in delivering our services to You or that help us with segments of our business operations (such as data collection, fraud prevention, or payment processing). You are granting us the perpetual right to use this information as if we own it. When we share it with other companies, You are granting those companies the right to this information for their own purposes, to be governed by those companies’ privacy policy. If You don’t want your information used by us or any other entity in this fashion, then You should not accept these Terms and Conditions.
This Tre Capital Membership Terms and Conditions Agreement (“Agreement”) is between TreCapital.world, TRE CAPITAL TR (“Tre Capital”) and the Business. If You are a sole proprietorship or closely held corporation and maintain any accounts on behalf of the Business in an individual’s name, the individual also agrees to be bound by the terms of this Agreement and agrees that all terms and conditions herein apply equally to that individual. This Agreement describes the terms under which You may use this website (“Website”) and access the Tre Capital Products, Services, or functionality (“Products”) by becoming an Tre Capital Business Member (“Member”). By selecting “I Agree,” You indicate that You have carefully read and accept all terms of this Agreement, the person completing this Agreement is duly authorized to execute this Agreement on behalf of the Business, and You agree to comply with and be bound by all the terms of this Agreement.
YOU REPRESENT THAT THE BUSINESS IS A VALID BUSINESS ENTITY AND THE BUSINESS IS ACCESSING THE TRE CAPITAL SERVICES OR PRODUCTS ON BEHALF OF THE BUSINESS. YOU FURTHER REPRESENT THAT THE BUSINESS IS DULY AUTHORIZED TO CONDUCT BUSINESS, HAS A VALID EMPLOYER’S TAXPAYER IDENTIFICATION NUMBER (ETIN) OR IF A SOLE PROPRIETORSHIP, AN INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER (ITIN), YOU MAY LEGALLY ENTER INTO THIS AGREEMENT, AND YOU AGREE WITH ALL THE TERMS OF THIS AGREEMENT.
SHOULD YOU NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, YOU MUST NOT SELECT “I AGREE” AND YOU WILL NOT RECEIVE THE PRODUCTS. TRE CAPITAL MAY CHANGE THIS AGREEMENT AND TRE CAPITAL’S PRIVACY POLICY FROM TIME TO TIME, AND POST THOSE CHANGES ON THIS WEB SITE. YOUR CONTINUED USE OF THIS WEBSITE OR USE OF PRODUCTS AFTER SUCH POSTING SHALL CONSTITUTE YOUR ACCEPTANCE OF ANY SUCH CHANGES.
0. 1. Becoming an Tre Capital Member. To become a Member and to receive Products, You must first join Tre Capital. (To build a business credit profile, You must register as an individual consumer at https://www.trecapital.world/Accountsignup.php .) You may register at the Tre Capital Website by fully and accurately completing the “Registration Form” located on this Website, and by providing Tre Capital with fully accurate information about the Business, as Tre Capital may reasonably require, including without limitation Your address, telephone number, email address, and other information to verify Your identity as well as Your financial information such as Your credit or debit card number
0. 2. Provide Accurate Information You agree to provide true, accurate, current and complete information about You, your bill payment accounts, credit or debit card accounts, and Your business accounts maintained at other web sites (“Business Account(s));” and, You agree to not misrepresent the information that You provide to Tre Capital. You affirm that You have the legal and financial responsibility for the Business Account(s) that You provide to Tre Capital and that they are used in the operation of the Business, even though those accounts may have been opened in an individual’s name. You agree to keep Your Business Account information up to date and accurate.
0. 3. Proprietary Rights Tre Capital’s systems and all information accessed through Tre Capital is Tre Capital’s proprietary information. Tre Capital grants You the limited right to use content delivered to You through Tre Capital only on Tre Capital. You may not copy, reproduce, distribute, or create derivative works from this content. Further, You agree not to reverse engineer or reverse compile any of the Tre Capital technology, including but not limited to, any Java applets associated with Tre Capital. There are no implied licenses under this Agreement. All rights not expressly granted herein are reserved.
Tre Capital and all of its product names are trademarks or service marks of Tre Capital or its affiliates (collectively, the “Marks”). No right or license to use the Marks is granted under this Agreement, except that You shall have the limited right to use the Marks solely as they appear in the Products. You shall not remove, alter, or obscure any Marks or proprietary notices contained in the Products or other materials provided by Tre Capital.
0. 4. Content You Provide You are giving to Tre Capital and its service providers and/or technology providers (“Service Provider”) that Tre Capital uses in the delivery of our Product(s) to You, the perpetual right to use any data, passwords, information, materials, Business Account information or other content that You provide through or to Tre Capital, or that You authorize Tre Capital to acquire on Your behalf (collectively, “Content”). Tre Capital and Service Provider may use, modify, display, distribute and create new material using such Content to provide Product to You. By submitting Content, You automatically agree that as the owner of such Content, without any particular time limit, and without the payment of any fees, Tre Capital and Service Provider may use the Content for the purposes set out herein. As between Tre Capital and Service Provider, Tre Capital owns your Content.
0. 5. Third Party Accounts If You choose to link your Tre Capital account with third party Service Providers, You authorize Tre Capital and Service Provider to access third party sites designated by You, on your behalf, to register for accounts that You request, and to retrieve information that You request regarding your account(s). For all purposes contemplated herein, You hereby grant Tre Capital and Service Provider a limited power of attorney, and You hereby appoint Tre Capital and Service Provider as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for You and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as You might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN TRE CAPITAL OR SERVICE PROVIDER(S) ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY SITES, TRE CAPITAL AND SERVICE PROVIDER(S) ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on your foregoing authorization, agency and power of attorney. You understand and agree that the Product is not endorsed or sponsored by any third party account providers accessible through the Product.
0. 6. Sharing Information with Others You joined Tre Capital for the purpose of establishing or enhancing your business credit profile. In addition, You authorize us to share your Content with commercial credit reporting agencies, financial institutions, or other entities as part of the Product provided under this Agreement, who may, at their sole discretion, utilize the data as required for their credit information purposes for use by their clients, and with commercial financial institutions, and other entities who may, at their sole discretion, utilize the data as required for their own credit underwriting purposes. If You believe that we have furnished inaccurate or incomplete information about, You must contact us within thirty (30) days of the first time that You become aware of such information using one of the options listed below:
¥ By phone at (888) 597.8825 Ext 101
¥ By email: getbizcredit@trecapital.world
7. Your Content will be shared automatically whether it has been acquired through the Account linking process, through the manual verification process, or any other process, at your request. You may opt out of future sharing by un-linking your Business Account, by choosing not to obtain future manual updates of your Business Account, or by canceling your Membership. This may have an impact on your business credit report and any related credit scores. Note: Depending on the policies of the credit reporting agencies that received your shared information, opting out from future sharing may or may not remove information previously shared about your Business Accounts.
In order for Tre Capital to share your information with other business credit reporting agencies with whom we have an active data-sharing business relationship, You may be required to have an active file at the other business credit reporting agencies. It is your responsibility to ensure that you have an active file, if required, and You may be given the opportunity to opt-in to certain respective business credit reporting agencies as Tre Capital advises you that such options are available. You do not need to have an existing active file with Ansonia Credit Data, as your qualifying information will automatically be reported to Ansonia Credit Data based on your acceptance of this agreement.
Fighting online fraud is a constant and ongoing battle, and a responsibility Tre Capital takes very seriously. To protect Tre Capital, our business partners, and our Tre Capital users, we authenticate each new user that enrolls in Tre Capital. To do this, we work with third parties who use a variety of data sources to assist us in this authentication process. We may also share selected data about You to other companies to improve their ability to fight fraud and identify fraudulent users.
If You cancel your Membership or delete Your Business Accounts from your Tre Capital Profile, Tre Capital retains the right to store and/or share any information we have obtained or any Content You have provided to Tre Capital in order to fulfill any applicable obligations that Tre Capital may have pursuant to the FCRA or other applicable laws and regulations.
8. Payment. You agree that, if You select an Tre Capital Product for which payment is required, You will timely pay Tre Capital in advance for Products, as required, on a monthly, semi-annual or annual basis (as determined by You when You register) and You authorize Tre Capital to charge your (“Payment Method”) should You choose that method of payment. You are personally responsible for any applicable state, federal or other taxes that may be associated with your purchase of Products unless noted otherwise.
9. Business Account and Payment History Verification. If You create an Tre Capital profile with Business Account payment information, your Business Accounts and payment history may need to be verified by an independent third party, or Tre Capital may need to utilize the services of a third party in order to provide you with Products pursuant to this Agreement. Our verification partners and third-party providers are prohibited from using your information and Content for any other purpose not authorized in this Agreement, including their own marketing, and agree to keep all information confidential. You agree that Tre Capital may share your information and Content, as needed, to provide you with Products pursuant to this Agreement.
10. Term and Cancellation Policy. The term of this Agreement will continue until terminated, cancelled or not renewed by You or Tre Capital. Tre Capital may terminate this Agreement at any time with or without cause. If Tre Capital terminates this Agreement, it will determine in its sole discretion whether any refund is warranted, and in what amount. Products provided by Tre Capital free of charge have no cash or refund value. You may terminate this Agreement at any time upon notice to Tre Capital with or without cause. If this Agreement has not been terminated, it shall automatically renew annually on the anniversary date of the start of your Membership (“Renewal Date”), and You shall pay any required corresponding fees as published by Tre Capital from time to time.
If You cancel a paid Membership, or your Membership was provided to You free of charge through an Tre Capital affiliate or other free membership offer, your Membership remains active for the remainder of your paid Membership term, but your Membership will terminate at the end of that time period. Upon cancellation of your Membership, if You have linked any Accounts, those Accounts will remain linked and Tre Capital will continue to download the payment history and reporting of the account(s) to commercial credit reporting agencies and/or commercial financial institutions or other entities until the end of your Membership term, or You may unlink your Account(s) at any time to cease the payment history collection process and subsequent reporting to those entities.
When your Payment Method has been charged, your order is non-refundable, and You authorize Tre Capital to charge your Payment Method annually on Your Renewal Date, unless you terminate your Membership at least ten (10) days prior to your Renewal Date.
If your Payment Method becomes invalid for any reason, You must notify us immediately. If Tre Capital is notified that your Payment Method declined payment, Tre Capital will notify You via email. From the date that your payment was declined, You have 28 days from the date of that notice to resolve the problem with your Payment Method before we attempt to process your payment again. If we still receive an error when trying to process your Payment, we will terminate your Membership and send You an email advising You of such termination.
11. Privacy Policy. Tre Capital’s Privacy Notice is located on the Tre Capital Website and is incorporated by reference into this Agreement. You may review Tre Capital’s Privacy Notice at any time by visiting www.trecapital.world/privacy. By accepting the terms of this Agreement, you agree to the terms of Tre Capital’s Privacy Notice and agree to access Tre Capital’s Privacy Notice at least once annually.
12. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF TRE CAPITAL AND ALL INFORMATION, PRODUCTS, SERVICES AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM TRE CAPITAL IS SOLELY AT YOUR OWN RISK. THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TRE CAPITAL, ON ITS OWN BEHALF AND ON BEHALF OF ITS SERVICE PROVIDER(S), EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE PRODUCTS AND ALL INFORMATION, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM TRE CAPITAL, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR A COURSE OF PERFORMANCE, INCLUDING, WITHOUT LIMITATION, WARRANTIES WITH RESPECT TO THE ACCURACY, VALIDITY, OR COMPLETENESS OF THE PRODUCTS, THAT THE PRODUCTS WILL MEET YOUR NEEDS, OR THAT THE PRODUCTS WILL BE PROVIDED ON AN UNINTERRUPTED BASIS OR FREE FROM DISABLING DEVICES. TRE CAPITAL EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCT IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
13. Limitation of Liability. YOU AGREE THAT NEITHER TRE CAPITAL NOR ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, LICENSEES, EMPLOYEES, SERVICE PROVIDER(S), ACCOUNT PROVIDERS, OR ANY AFFILIATES OF THE FOREGOING, WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF TRE CAPITAL OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PRODUCT; (ii) THE COST OF GETTING SUBSTITUTE PRODUCTS, (iii) ANY PRODUCTS, DATA, OR INFORMATION PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM TRE CAPITAL; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE EMPLOYED OR CONTRACTED WITH TRE CAPITAL; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE; OR (vii) ANY OTHER MATTER RELATING TO THE PRODUCTS, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF TRE CAPITAL UNDER THIS AGREEMENT OR REGARDING PRODUCTS EXCEED THE GREATER OF TWO HUNDRED DOLLARS ($200) OR THE TOTAL AMOUNT YOU HAVE PAID TO TRE CAPITAL FOR PRODUCTS.
14. Indemnification. You agree to indemnify, hold harmless, protect and fully compensate Tre Capital and its officers, directors, agents, subsidiaries, affiliates, joint ventures, licensees, employees, Service Provider(s) and their affiliates, and any third party beneficiaries, from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorney’s fees) caused by or arising from your use of the Products, your violation of the terms of this Agreement, or your infringement, or infringement by any other user of your Membership, of any intellectual property, your violation of any law or regulation, or other right of anyone.
15. Third Party Beneficiary. You agree that Tre Capital’s Service Provider(s) is a third party beneficiary of the above provisions, with all rights to enforce such provisions as if Service Provider(s) were a party to this Agreement.
16. Arbitration. You agree that any dispute, controversy or claim arising out of, or relating to, this Agreement or the Products shall be settled by confidential arbitration in Fulton County, Georgia in accordance with the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes) then in effect. A single arbitrator with knowledge of electronic commerce will conduct the arbitration and that arbitrator may grant injunctions or other relief in such dispute or controversy. The parties will mutually agree upon such arbitrator, but if the parties have not agreed on an arbitrator within thirty (30) days of the date of the notice of intention to arbitrate, the AAA will select the arbitrator from its list of commercial arbitrators. The arbitrator will conduct a single hearing no longer than one (1) day in duration for the purpose of receiving evidence and will render a decision within fifteen (15) days after the conclusion of the hearing. The decision of the arbitrator will be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any State or Federal court located in Fulton County, Georgia. Although the cost of the arbitrator will be borne by Tre Capital, all other expenses of arbitration will be paid by the party who incurred them. These expenses are not part of the Product Guarantee. You further agree that You will not participate in any way in any class action in connection with any such dispute, controversy or claim, either as a class representative plaintiff or as a member of a putative class.
17. Jurisdiction and Venue. Subject to Section 15, any action related to this Agreement shall be governed by the substantive laws of the State of Georgia, without regard to conflicts of laws principles.
18. General. Neither this Agreement, nor any rights hereunder, may be assigned by operation of law or otherwise, in whole or in part, by You without the prior, written permission of Tre Capital. Any purported assignment without such permission shall be void. Any waiver of any rights of Tre Capital under this Agreement must be in writing, signed by Tre Capital, and any such waiver shall not operate as a waiver of any future breach of this Agreement. You also agree to receive all required “written” notifications via electronic format, to include such items which may be presented to You from time to time by Tre Capital or others associated with this Agreement. In the event any portion of this Agreement is found to be illegal or unenforceable, such portion shall be severed from this Agreement, and the remaining terms shall be separately enforced. Your use of the Products and the Website shall at all times comply with all applicable laws, rules and regulations. This Agreement is the entire agreement between the parties with respect to this subject matter, and supersedes any and all prior or contemporaneous or additional communications, negotiations or agreements with respect hereto.
WAIVER OF JURY TRIAL. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE RELATIONSHIP RESULTING FROM THIS AGREEMENT. THIS WAIVER INCLUDES BUT IS NOT LIMITED TO ANY: (1) INITIAL CLAIMS, AMENDED CLAIMS, COUNTERCLAIMS, CROSSCLAIMS AND THIRD-PARTY CLAIMS; (2) CLAIMS BASED UPON CONTRACT, TORT, FRAUD, AND COMMON LAW; AND (3) CLAIMS BASED UPON STATUTES OR REGULATIONS, WHETHER FEDERAL OR STATE. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WAIVER OF JURY TRIAL.
I UNDERSTAND THAT BY CLICKING REPLYING “I ACCEPT THIS OFFER” THAT I AM REPRESENTING AND WARRANTING TO TRE CAPITAL THAT I HAVE READ AND UNDERSTOOD THE TERMS OF THIS AGREEMENT AND I AM AGREEING TO BE BOUND BY AND CONSENT TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT.
Residents of California: Other than for our everyday business purposes, we will not share your personal information with non-affiliates or affiliates without first giving you additional privacy choices.
Residents of Vermont: Other than for our everyday business purposes, we will not share the following without first giving you additional privacy choices: (i) personal information with non-affiliates; and (ii) personal information about your creditworthiness with affiliates or joint marketing partners.[/vc_column_text][vc_empty_space][vc_empty_space][/vc_column][/vc_row]