Terms and Conditions

Last updated: September 1, 2022

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

 

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors, or any other managing authority.

Account means a unique account created for You to access our Service or parts of our Service.

Country refers to: Florida, United States

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to SunRocket Capital, a Maryland limited liability company, with a mailing address of 3921 Alton Road, Suite 439, Miami Beach, FL 33140.

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Service refers to the Companyӳ Website and the services provided on the Website, including, without limitation, any application for credit or any estimated or indicative terms provided by the Company in connection therewith.

Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

Website (also referred to as ԓiteԩ refers to https://www.SunRocketCapital.com.

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. These Terms and Conditions do not purport to supersede any legally binding agreements between You and the Company, including, but not limited to, investment agreements, limited liability company agreements, and limited partnership agreements, which are independent from Your use of the Site.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that You are over the age of 18. The Company does not permit those under 18 to use the Service.

On the condition that You comply with all of Your obligations under these Terms and Conditions, The Company grants You a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access this Site with a generally available web browser to view information and use this Website. Any other use of this Website is strictly prohibited and a violation of these Terms and Conditions. The Company and its licensors reserve all rights not expressly granted in these Terms and Conditions, including, without limitation, rights of title, ownership, intellectual property and all other rights and interests in this Site and all related item

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You understand that communications distributed by this Website may be distributed by electronic mail, which is by its nature insecure and unreliable. Electronic mail is subject to interception, misdirection and loss. In addition, an electronic mail message may be forwarded by its intended recipient to other unintended recipients. Any recipient of an electronic message sent by this Website may access the hyper- links to files contained on this Website, as this Website does not authenticate or validate the identity or authority of any person following a hyper-link contained in any such message.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Confidentiality and Non-Disclosure

The Company wishes to protect and preserve the confidential and/or proprietary nature of information and materials that may be disclosed or made available to You in connection with usage of the Services; and therefore:

For purposes of this section entitled Confidentiality and Non-Disclosure (this Ӽu>Sectionԩ, Ԑroprietary InformationԠmeans the Services and any and all information, materials, documents, communications, indicative terms, product information, proprietary information, technology, and intellectual property disclosed by the Company to You during the course of or otherwise in connection with the Services, including, without limitation, all content on all web pages associated with the Services, provided that any Proprietary Information that is or becomes publicly known through no wrongful act or omission made by You shall no longer be Proprietary Information.

You agree to hold all Proprietary Information provided to You by the Company in strict confidence and shall not without the prior written consent of the Company (1) divulge, disclose, or communicate any Proprietary Information to any third party, (2) use, derive benefit from, or otherwise claim any proprietary interest in the Proprietary Information in any way detrimental to the Company or the Companyӳ business or in a way other than consistent with Your use of the Services, or (3) make any statement, public announcement, or any release to any third party (including, without limitation, any competitor of the Company) regarding the Proprietary Information, in each case except as may be requested or required by any law, rule, regulation, subpoena, order, decree, or decision or any other legal, governmental, administrative, judicial or regulatory order, authority or process.

The confidentiality and non-disclosure obligations and undertakings set forth in this Section (the Ӽu>Non-Disclosure Obligationsԩ shall survive and continue into perpetuity. You agree that, due to the unique nature of the Proprietary Information, the unauthorized disclosure or use of the Proprietary Information shall cause irreparable harm and significant injury to Company. Therefore, You agree that Company, in addition to any other available remedies, shall have the right to an immediate injunction and other equitable relief enjoining any breach or threatened breach of the Non-Disclosure Obligations, without the necessity of posting any bond or other security.

All Proprietary Information of Company is and shall remain the sole property of Company. No warranties of any kind, express or implied, are given by Company with respect to any Proprietary Information, including the accuracy or completeness thereof, and the Proprietary Information is provided on an "AS IS" basis (as set forth in greater detail below under the heading ԁS-ISԠand ԁS-AVAILABLE DISCLAIMERԩ. The Company shall not be liable to You for Your use of the Proprietary Information or any errors or omissions therein.

The Non-Disclosure Obligations set forth in this Section constitute the entire agreement between the parties concerning the subject matter. No amendment, cancellation, modification, or waiver of any provision of this Section shall be effective. The waiver by the Company of a default under any provision of this Section shall not be construed as a waiver of any subsequent default under the same or any other provision, nor shall any delay or omission on the part of the Company to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy. This Section, including the Non-Disclosure Obligations set forth herein, shall be governed by and construed in accordance with the laws of the State of New York, USA, without reference to its conflicts of laws provisions. The rights and obligations set forth in this Section (1) may not be assigned or delegated by You, in whole or part, whether voluntarily, by operation of law, change of control or otherwise, without the prior written consent of the Company and (2) shall be binding upon and inure to the benefit of Your and the Companyӳ successors and permitted assigns.

IT IS IMPORTANT THAT YOU READ CAREFULLY AND UNDERSTAND THE NON-DISCLOSURE OBLIGATIONS SET FORTH IN THIS SECTION. BY CLICKING THE ԓUBMITԍ BUTTON LOCATED ON THIS PAGE, YOU AGREE TO BE BOUND BY THIS SECTION. IF YOU DO NOT AGREE WITH ALL THE TERMS OF THIS SECTION AND DO NOT AGREE TO BE BOUND THEREBY, PLEASE DO NOT CLICK THE "SUBMIT" BUTTON. IF YOU DO NOT ACCEPT THE OBLIGATIONS AND UNDERTAKINGS SET FORTH IN THIS SECTION, YOU MAY NOT USE OR ACCESS THE PROPRIETARY INFORMATION.

Prohibited Uses

 

You agree that:

a.      You will not violate these Terms or any of the Companyӳ or its licensorsҼspan style='letter-spacing: -.2pt'> rights or use this Site to violate the rights of any third party such as copyright or trademark rights;

b.      You will use Your true legal name and true electronic mail address, and only provide accurate and complete information on this Site;

c.      You will provide at Your cost all equipment, software, mobile access and Internet access necessary for You to use this Site.

d.      You will copy information from this Site only as necessary for Your personal, non-commercial use to view, save, print, fax or e-mail such information;

e.      You will not otherwise reproduce, modify, distribute, display or provide access to this Site or its content;

f.       You will not create derivative works from, decompile, disassemble or reverse engineer any portion of this Site;

g.      You will not upload to or distribute through this Site any binary code, macros or other executable code, or any file that contains any viruses, Trojan horses or other components designed to commandeer, limit or harm the functionality of a computer;

h.      You will not record, process or mine information about other users, or access, retrieve or index any portion of this Site;

i.       You will not remove or modify any copyright or other intellectual property notices that appear on this Site;

j.       You will not access or use this Site in any manner that could damage, disable, overburden, place an unreasonable load on, interfere or attempt to interfere with the proper working of, or impair, this Site, its computer systems, network or the account of any other user;

k.      You will not attempt to gain unauthorized access to any parts of this Site or any user accounts, or any of this Siteӳ computer systems or networks;

l.       You will not use this Site in any way that is unlawful, harms Providerӳ business, Providerӳ service providers, licensors, representatives or any other user, or breaches any policy or notice on this Site;

m.     You will not impersonate another person or misrepresent Your affiliation with another person or entity, such as by using another personӳ user name, password or other account information or another personӳ name, likeness, image or photograph;

n.      You will not charge any person for access to any portion of this Site or any information on this Site;

o.      You will not access this Site through automated queries (such as by screen or database scraping, spiders, robots, crawlers or any other automated activity with the purpose of obtaining information from this Site) without Providerӳ prior express written permission;

p.      You will not engage in ԦramingԼspan style='letter-spacing:-.1pt'> or ԭirroring,Լspan style='letter-spacing:-.1pt'> or otherwise simulate the appearance or functionality of this Site; and

q.      You will not assist, encourage or enable others to do any of the preceding prohibited activities.

Representations and Warranties

You represent and warrant that:

a.      You are 18 years or older and You have all requisite rights and authority to use the Site and to enter into these Terms;

b.      You are not a citizen of the European Union and are not subject to the European Unionӳ General Data Protection Regulation.

c.      the performance of Your obligations under these Terms will not violate, conflict with, or result in a default under any other agreement, including confidentiality agreements between You and third parties;

d.      You will use the Site and services provided by the Site for lawful purposes only and subject to these Terms;

e.      You are responsible for all use of the Site and services provided by the Site by persons accessing the Site and such services through Your account;

f.       You agree that the Company will not be liable for any losses incurred as a result of a third partyӳ use of the Site and services provided by the Site associated with Your account, regardless of whether such use is with or without Your knowledge and consent;

g.      You will not use the Site and services provided by the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with use of the Site or services by others;

h.      any information submitted to the Site or the Company by You is true, accurate, and correct;

i.       You understand that, except at expressly stated in these Terms, these Terms do not grant You any license to use, reproduce, distribute, display or provide access to any portion of this Site on third-party websites, or otherwise;

j.       You will not attempt to gain unauthorized access to the Site or services provided by the Site, other accounts, computer systems, or networks under the control or responsibility of the Company through hacking, cracking, password mining, or any other unauthorized means;

k.      You agree to immediately notify the Company of any unauthorized use of Your account of which You become aware;

l.       You are solely responsible for maintaining the confidentiality of Your account names and password(s);

m.     You are not a competitor of Provider or its licensors and are not using the Site or services provided by the Site for reasons that are in competition with Provider or its licensors;

n.      if You use this Site in Your capacity as an employee, owner or otherwise as an agent of another person or entity, You agree on behalf of Yourself and such person or entity, jointly and severally, to be bound by these Terms;

o.      You will not impersonate another person or misrepresent Your affiliation with another person or entity, including using another personӳ username, password or other account information or another personӳ name, likeness, image or photograph; and

p.      Your consent to be bound to any consents, notices, disclosures or other records or documents to be entered into between You and the Company (Ӽu>Electronic Contractsԩ, whether by typing Your name, checking a box, pressing a button, clicking through a link, or demonstrating other intent to be bound to such Electronic Contract, shall create a legal, valid and binding contract enforceable against You in accordance with its terms.

Intellectual Property

The Company or its licensors own all of the content that is made available in connection with this Site (the ԓite Contentԩ, including visual interfaces, interactive features, graphics, designs, databases and their data, computer code, products, software and all other elements and components of this Site. The Company or its licensors also own the copyrights, trademarks, service marks, trade names and other intellectual and proprietary rights throughout the world associated with this Site and the Site content, which are protected by copyright, trade dress, patent, trademark and other applicable intellectual property rights and laws.

You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display, perform or in any way exploit any of the Site content in whole or in part, except as expressly authorized by the applicable rights holder. Except as expressly and unambiguously provided by these Terms, neither the Company nor any of its licensors grant You any express or implied rights, and all rights in and to this Site and the Site content are retained by their holders.


 

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, THE COMPANYӓ AND ITS AFFILIATESӍAXIMUM AGGREGATE CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS AND THE SITE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). THE ABOVE LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT, EQUITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND REGARDLESS OF THE THEORY OF LIABILITY. If applicable law limits the application of the above limitation of liability, Providerӳ liability will be limited to the maximum extent permitted by law.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third- party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service and information provided herein is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Indemnification

You agree to indemnify, defend and hold the Company, as well as the Companyӳ parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, including the shareholders, officers, directors, employees, agents and representatives of each of them (collectively, the Ӽu>Company Partiesԩ harmless from any and all claims, liability, damages and costs (including, but not limited to, attorneysҠfees) arising out of or relating to:

a.      Your access to or use of this Site;

b.      Your violation of these Terms, including without limitation Your breach of any representation or warranty;

c.      Your infringement, or the infringement of any third party using Your Account, of any intellectual property or other right of any person or entity; or

d.      the nature and content of all materials, Electronic Contracts, works, data, statements and other visual, graphical, written or audible communications of any nature submitted by You or otherwise processed through Your Account

The Company reserves the right to, but is not obligated to, assume the exclusive defense and control of any matter for which You are required to indemnify the Company Parties, and You agree to cooperate with the Companyӳ defense of such claims. You agree not to settle any such matter without the Companyӳ prior written consent. The Company will use reasonable efforts to notify You of any such claim, action or proceeding when the Company becomes aware of it. Each of the Company Parties is an express third-party beneficiary of this indemnification provision, with full rights to enforce its terms

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Dispute Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident in.


 

United States Legal Compliance

You acknowledge that technology utilized by this Site and any related products, information, documentation, software, technology, technical data, and any derivatives thereof, that the Company makes available through the Site (collectively Ӽu>Excluded Dataԩ, may be subject to export control laws and regulations of the United States and other jurisdictions (collectively Ӽu>Export Lawsԩ. You represent and warrant that: (i) You are not located in, under the control of, or a national or resident of an embargoed country or prohibited end user under Export Laws; and (ii) You will not access, download, use, export or re- export, directly or indirectly, the Excluded Data to any location, entity, government or person prohibited by export laws, without first complying with all Export Laws that may be imposed by the U.S. Government and any country or organization of nations within whose jurisdiction it operates or does business. You are solely responsible for complying with Export Laws for all Excluded Data and any of its content transmitted through the Site and Services. You shall advise the Company at the email address below in the event the Excluded Data requires the Company to obtain additional licenses, permits and/or approvals from any government in the jurisdiction where You intend to use the Site or Services. Upon being advised of such a requirement, the Company may at its sole discretion: (a) terminate Your account; (b) obtain such licenses, permits, and/or approvals as may be required; or (c) modify these Terms such that additional licenses, permits, and/or approvals are no longer required to be obtained by the Company.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If You have any questions about these Terms and Conditions, You can contact us by email at info@SunRocketCapital.com.