Terms of Use

Please read these Terms of Use carefully before using this web site.

These Terms of Use describe the terms and conditions applicable to your use of this web site of italsicapitalSource Finance LLC (together with it parents, subsidiaries and affiliates, "CapitalSource") located at www.capitalsource.com (this "Web Site"). By accessing and using this Web Site, you assent to and agree to be bound by these Terms of Use. If you do not agree to all of these Terms of Use, do not use this Web Site.

CapitalSource may modify this Web Site and these Terms of Use at any time. When CapitalSource modifies these Terms of Use, modifications will be incorporated into this document and the “last updated” date at the top of these Terms of Use will be revised. Please check these Terms of Use periodically for changes. By continuing use of this Web Site after such changes are posted, you will be deemed to have accepted such changes.

NOTICE: CapitalSource accepts applications for commercial loans only. The proceeds of any loan received from CapitalSource shall not be used for consumer purposes. If you are seeking a consumer loan, please do not use this Web Site.

Scope of Use

CapitalSource invites you to view, use and download a single copy of this Web Site for your informational, non-commercial use to evaluate whether to enter into a business relationship with CapitalSource, provided that you leave all the copyright, trademark, and other proprietary notices in tact. Except as otherwise provided in these Terms of Use, no part of any content, information or software on or comprising this Web Site may be copied, downloaded or stored in a retrieval system for any other purpose or redistributed in any form or manner for any purpose without the express prior written permission of CapitalSource. You understand that CapitalSource may discontinue, change or restrict your use of this Web Site for any reason without notice.

By using this Web Site, you represent that you are at least 18 years old and are a United States resident or an entity incorporated and headquartered in the United States. If not, do not use this Web Site.

Furthermore, you represent that (i) your use of this Web Site will not be for any illegal purpose and (ii) you will not transmit via this Web Site any information, materials, or other content that (a) you do not have a right to transmit under any law or under contractual or fiduciary relationships or (b) is unlawful, deceptive, misleading, false, counterfeit, stolen, threatening, harassing, abusive, defamatory, or in violation of the personal privacy rights of another.

CAPITALSOURCE COLLECTS INFORMATION ON, FROM AND WITH RESPECT TO USERS OF THIS WEB SITE WHO VOLUNTARILY SUBMIT SUCH INFORMATION THROUGH THIS WEB SITE, ALONG WITH WEB SITE USAGE INFORMATION. CAPITALSOURCE WILL TREAT ALL SUCH INFORMATION, AS WELL AS QUESTIONS, COMMENTS AND ANY OTHER FEEDBACK ABOUT THIS WEB SITE, AS NON-CONFIDENTIAL AND MAY REPRODUCE, USE, DISCLOSE, AND DISTRIBUTE SUCH ITEMS OR INFORMATION WITHOUT NOTICE OR OBLIGATION TO THE ORIGINATOR, USER OF THIS WEB SITE OR OTHER PERSON WITH RESPECT TO WHICH SUCH INFORMATION RELATES.

CAPITALSOURCE MAKES NO ASSURANCE, COMMITMENT OR GUARANTY TO EXTEND CREDIT TO OR ENTER INTO ANY BUSINESS TRANSACTION WITH ANY USER OF THIS WEB SITE. YOUR USE OF THIS WEB SITE OR SUBMISSION OF INFORMATION TO CAPITALSOURCE, INCLUDING APPLICATIONS, BY OR THROUGH THIS WEB SITE, DO NOT CREATE OR RESULT IN ANY LEGALLY BINDING OBLIGATION, CONTRACT OR AGREEMENT ON, BY OR WITH RESPECT TO CAPITALSOURCE OR ANY OF ITS AFFILIATES.

No Warranties

ALL CONTENT, INFORMATION AND SERVICES AVAILABLE ON OR THROUGH THIS WEB SITE ARE PROVIDED TO YOU ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT OR NON-INFRINGEMENT.

CAPITALSOURCE MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, COMPLETENESS, RELIABILITY OR TIMELINESS OF ANY CONTENT OR INFORMATION AVAILABLE ON OR THROUGH THIS WEB SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY SUCH INFORMATION AND CONTENT BEFORE RELYING ON IT. USE OF THIS WEB SITE AND THE CONTENT, INFORMATION AND SERVICES AVAILABLE ON OR THROUGH THIS WEB SITE IS SOLELY AT YOUR RISK.

CAPITALSOURCE MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEB SITE WILL BE UNINTERRUPTED, COMPLETELY SECURE, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL CONTENT. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT, INFORMATION OR SERVICE YOU MAY OBTAIN FROM OR THROUGH THIS WEB SITE IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS.

Limitation of Liability

YOUR USE OF THIS WEB SITE OR ANY CONTENT, INFORMATION OR SERVICES AVAILABLE ON OR THROUGH THIS WEB SITE IS AT YOUR OWN RISK.

CAPITALSOURCE SPECIFICALLY DISCLAIMS, FOR ITSELF AND ITS EMPLOYEES, AFFILIATES AND AGENTS, ANY AND ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO ACCESS TO, USE OF OR INABILITY TO USE THIS WEB SITE, ITS CONTENT OR INFORMATION OR THE SERVICES OBTAINED THROUGH USE OF THIS WEB SITE, EVEN IF CAPITALSOURCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING DISCLAIMER AND LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) RELIANCE BY ANY PERSON OR ENTITY ON ANY CONTENT, INFORMATION OR SERVICES AVAILABLE ON OR OBTAINED THROUGH THE USE OF THIS WEB SITE, (ii) MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, (iii) INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THIS WEB SITE, OR (iv) VIRUSES OR OTHER HARMFUL COMPONENTS, IN EACH CASE WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS OR CHANGES TO THIS WEB SITE, OR RELATED INFORMATION OR PROGRAMS OR OTHERWISE.

Trademarks and Service Marks

CAPITALSOURCE® and CAPITALSOURCE (& Design)® are registered service marks of CapitalSource. Unauthorized use of any of CapitalSource's trademarks, service marks or logos may be a violation of federal and state trademark laws.

Copyright

This Web Site is protected by U.S. and foreign copyright laws. Copyright in the pages, screens, text and images appearing on this Web Site is owned by CapitalSource or its licensors unless otherwise specifically noted. Except for your informational, non-commercial use as authorized in the "Scope of Use" section above, you may not modify, reproduce, use, disclose or distribute without CapitalSource's prior written permission (a) the design or layout of this Web Site, (b) individual sections of the design or layout of this Web Site, (c) content, information or software available on or through this Web Site, or (d) CapitalSource's logos, trademarks or service marks.

Links

Links to other web sites operated by other persons or entities are included as a convenience to you. CapitalSource makes no representation regarding the content, information or accuracy of any other web site which you may access through this Web Site. CapitalSource is not responsible for the services, information, software, content, products or advice found on or through other web sites which are linked or accessed from this Web Site. When you access any such linked web sites, your rights and obligations will be governed by the agreement, if any, and policies that apply to the use of those web sites. The existence of these links on this Web Site does not imply endorsement or recommendation or sponsorship for or of any such linked web sites or the services, information, software, content, products or advice described on or found on or through those linked web sites. The views, opinions, statements, offers or other information, services, software, content, products or advice expressed in or through those other linked web sites are those of the respective author(s) or distributor(s) of such linked web site and not of or attributable to CapitalSource. While CapitalSource tries to make clear when you are linking to another web site, you can double check which web site you are in by looking at the URL in your browser's address field to determine if you have moved from this Web Site to a linked web site. If the URL does not contain www.capitalsource.com, you are no longer in this Web Site.

Unless otherwise set forth in a written agreement between you and CapitalSource, you must adhere to CapitalSource’s linking policy as follows: (i) the appearance, position and other attributes of the link may not be such as to damage or dilute the goodwill associated with CapitalSource’s names and trademarks; (ii) the link must “point” to the URL www.capitalsource.com and not to other web pages within the Web Site (unless you receive permission from CapitalSource to do so); (iii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with CapitalSource; (iv) when selected by a user, the link must display the Web Site on full-screen and not within a “frame” on the linking web site; and (v) CapitalSource reserves the right to revoke its consent to the link at any time and in its sole discretion.

Employment Opportunities

CapitalSource is committed to the principles of equal employment opportunity. Applicants are considered for all positions without regard to race, sex, sexual orientation, color, religion, national origin, age, disability (so long as such disability can be reasonably accommodated) or any other status protected by applicable law.

E-mail

E-mail and other submissions (including but not limited to resumes) over the Internet may not be secure and are subject to risk of interception by third parties. Please consider this fact before e-mailing or submitting any personal or confidential information via this Web Site.

Location & Governing Law & Miscellaneous

These terms and conditions shall be governed and construed in accordance with the laws of the State of Maryland, without regard to conflict-of-laws provisions. This Web Site is operated by CapitalSource from the United States of America. CapitalSource makes no representation or warranty that the information in this Web Site is appropriate or available for use in other locations, and access to this Web Site from territories where the content of this Web Site may be illegal is prohibited. If you access this Web Site from other locations, you do so on your own initiative and you are responsible for compliance with applicable local laws. CapitalSource disclaims any responsibility for compliance with any such laws in such circumstances. These Terms of Use and all documents incorporated herein by reference constitute the entire agreement between CapitalSource and you with respect to this Web Site. In the event any portion of these Terms of Use or any other provision of this Web Site is determined to be unenforceable, invalid or void by a court of competent jurisdiction, the remaining provisions shall remain valid and enforceable without any effect on their validity and enforceability.

Violations and Additional Policies

CapitalSource reserves the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in these Terms of Use or elsewhere in this Web Site, including the right to block access from a particular Internet address to this Web Site. You acknowledge that any violation of the rules and regulations set forth in these Terms of Use or elsewhere in this Web Site will cause irreparable injury to CapitalSource and remedies at law may be inadequate to protect CapitalSource against any such actual or threatened breach. You agree to the granting of equitable relief, including injunctive relief and specific performance, in CapitalSource's favor without posting bond or the need to prove actual damages. Any such equitable remedy shall not be deemed to be the sole and exclusive remedy of CapitalSource hereunder but shall be in addition to all other remedies available to CapitalSource at law or in equity.

You agree to indemnify and hold CapitalSource and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from any claim, action, demand, loss or damages (including reasonable attorneys’ fees) arising out of or related to your use of this Web Site, any violation of these Terms of Use by you, or any violation of any rights of any person by you.

No failure or delay by CapitalSource in exercising any right, power or privilege under these Terms of Use will operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise of any right, power or privilege hereunder. No provision of these Terms of Use can be waived or amended except by the written consent of CapitalSource.

These Terms of Use are binding on any and all users of this Web Site.

Published August 2012