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Terms of Service

Terms and conditions for using our services

Last Updated: January 2024

Welcome to Caribana Inc. These Terms of Service ("Terms") govern your access to and use of our website caribanafinancial.com and our financial services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

1. Acceptance of Terms

By using our Services, you represent that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you do not agree to these Terms, you may not access or use our Services.

2. Description of Services

Caribana Inc is a direct lender providing financial services including but not limited to:

  • Growth capital financing
  • Working capital solutions
  • Bridge financing
  • Commercial lending
  • Refinancing services
  • Asset-based lending

All financing is subject to credit approval and underwriting criteria. We reserve the right to approve or decline any application at our sole discretion.

3. Use of Website

Permitted Use

You may use our website for lawful purposes only. You agree not to use our Services to:

  • Violate any applicable laws or regulations
  • Transmit false, misleading, or fraudulent information
  • Interfere with the proper functioning of the website
  • Attempt to gain unauthorized access to our systems
  • Engage in any activity that could harm Caribana Inc or third parties

Account Security

If you create an account with us, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use.

4. Intellectual Property

All content on our website, including text, graphics, logos, images, and software, is the property of Caribana Inc and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our prior written consent.

5. Financial Services Terms

Application and Approval

Submitting an inquiry or application does not guarantee approval for financing. All lending decisions are based on creditworthiness, business financials, and our underwriting standards.

Loan Terms and Conditions

Specific terms of any financing, including interest rates, repayment schedules, fees, and collateral requirements, will be provided in a separate loan agreement. Those terms will govern the lending relationship and may differ from general information on this website.

Fees and Costs

Fees associated with our financial products will be disclosed prior to closing. You are responsible for all applicable fees, including but not limited to origination fees, late payment fees, and prepayment penalties (if applicable).

6. SMS/MMS Marketing Terms

Opt-In Consent

By opting in to receive SMS/MMS messages from Caribana Inc, you expressly consent to receive recurring marketing and promotional messages sent using an automated telephone dialing system (ATDS). These messages may include offers, updates, and information about our financial products and services.

Message Frequency and Charges

Message frequency varies. You may receive up to 4 messages per month. Message and data rates may apply according to your mobile carrier plan. You are responsible for any charges incurred from your wireless provider.

Opt-Out Rights

You may opt out of SMS/MMS communications at any time by replying STOP to any message. Upon receiving your opt-out request, we will send one final confirmation message and cease sending marketing messages to that number. You may also contact us at caribana@caribanafinancial.com to opt out.

No Purchase Requirement

Consent to receive SMS/MMS messages is NOT a condition of purchase or use of our financial services. You may choose not to opt in or may opt out at any time without affecting your eligibility for our services.

SMS Support

For help with SMS messages, reply HELP to any message or email us at caribana@caribanafinancial.com. We will respond to support inquiries within 2 business days.

7. Privacy and Data Protection

Your use of our Services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using our Services, you consent to our data practices as described in the Privacy Policy.

8. Disclaimers and Limitations of Liability

No Warranty

Our website and Services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. We do not warrant that the Services will be uninterrupted, error-free, or secure.

Limitation of Liability

To the fullest extent permitted by law, Caribana Inc shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or related to your use of our Services. Our total liability shall not exceed the amount you paid to us in the 12 months preceding the claim.

Financial Advice Disclaimer

Information on our website is for general informational purposes only and does not constitute financial, legal, or tax advice. You should consult with qualified professionals before making financial decisions.

9. Indemnification

You agree to indemnify, defend, and hold harmless Caribana Inc, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of your use of our Services, violation of these Terms, or infringement of any third-party rights.

10. Third-Party Links and Services

Our website may contain links to third-party websites or services. We are not responsible for the content, policies, or practices of third-party sites. Your use of third-party services is at your own risk and subject to their terms and conditions.

11. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website with an updated "Last Updated" date. Your continued use of our Services after changes are posted constitutes your acceptance of the revised Terms.

12. Termination

We may terminate or suspend your access to our Services at any time, without prior notice, for any reason, including if we believe you have violated these Terms. Upon termination, your right to use the Services will immediately cease.

13. Governing Law and Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Caribana Inc operates, without regard to conflict of law principles.

Dispute Resolution

Any disputes arising out of or relating to these Terms or our Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You waive your right to participate in class actions or class arbitrations.

14. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

15. Entire Agreement

These Terms, together with our Privacy Policy and any loan agreements you enter into with us, constitute the entire agreement between you and Caribana Inc regarding your use of our Services.

16. Contact Information

If you have questions about these Terms of Service, please contact us:

Caribana Inc
Email: caribana@caribanafinancial.com
Website: caribanafinancial.com

We will respond to inquiries within 2 business days.

Caribana Inc

Direct financial services built for ambitious businesses ready to scale.

Email:
caribana@caribanafinancial.com

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