Terms and Conditions

Pen Capital operates this website to provide online access to information about Pen Capital and its products, services, and opportunities. By accessing and using this site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). Additional terms and conditions applicable to the specific areas of this site are posted throughout the site and, together with these Terms of Use, govern your use of these areas, content, and/or transactions.

Pen Capital reserves the right to modify the content of its website, including the Terms of Use, without prior notice. Your use of the site constitutes your agreement to follow and be bound by the terms and conditions of the site, as well as these Terms of Use, as modified. You are encouraged to review the website and these Terms of Use periodically for updates and modifications.

Authorized Use

You are granted a limited license to access and use the website and to download or print a copy of any portion of the content solely for your personal or informational use, provided that you keep all copyright or other proprietary notices intact. You may not copy, display, modify, publish, reproduce, store, transmit, post, create other derivative works from, or sell, rent, or license any part of the content obtained from the website in any medium to anyone except as otherwise expressly permitted under these Terms of Use, relevant license or authorization by Pen Capital. Said limited license is subject to these Terms of Use and does not include the use of any data mining, robots, or similar data gathering or extraction methods.

You further agree that you will NOT do any of the following:

Harvest or collect email addresses or other contact information of portal users from the website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
Use automated scripts to collect information from the website or for any other purpose
Register for more than one portal user account, a portal user account on behalf of an individual other than yourself, or a portal user account on behalf of any group or entity.
Impersonate any person or entity or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity
Upload, post, transmit, share, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
Upload, post, transmit, share, store, or otherwise make publicly available on the website any third party’s private information, including, without limitation, addresses, phone numbers, email addresses, social security numbers, and credit card numbers.
Upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware, or telecommunications equipment.
Use or attempt to use another’s account, service, or system without authorization from Pen Capital, or create a false identity on the website.
Upload, post, transmit, share, store, or otherwise make available content that, in the sole judgment of Pen Capital, is objectionable or which restricts or inhibits any other person from using or enjoying the website, or which may expose Pen Capital or its affiliates, licensors and their respective officers, directors, employees, agents, and representatives, or website users to any harm or liability of any type.

Pen Capital reserves the right, in its sole discretion, to restrict, in whole or in part, your use of the Site, any Site Content, any Portal, and any third-party’s User Content at any time with or without notice for any or no reason.

Authorized User

As a user of the website, you affirm that you are 18 years of age or older. Pen Capital will not consider nor retain any applications, comments, or information submitted by persons under the age of 18. You assume all responsibility for your use of, or access to, the website, including your access to any website content or user content, and hereby waive all claims or causes of action against Pen Capital, its affiliates, licensors, and their respective officers, directors, employees, agents, and representatives in connection therewith.

Funding Request/Prequalification

If you do not prequalify with us, Pen Capital has a large network of funding partners who may be able to help you. In order to facilitate your access to the business capital you need, Pen Capital may assign and deliver your prequalification request (including your authorization and consent to obtain information from credit bureaus and other sources for purposes of prequalification) to affiliated parties and/or its small business funding network to determine whether you prequalify for their funding products and services.

Third-Party Links

Links on this website are provided solely as a convenience to you. By clicking on these links, you understand that you are leaving the Pen Capital site and are no longer governed by these Terms of Use and Privacy Policy. Pen Capital is not responsible for the availability or content of any third-party website. Keep in mind that third-party websites may have different terms of use and privacy policies.

Feedbacks

Pen Capital may offer the opportunity to provide feedback as a part of its services. By providing feedback to Pen Capital, you give a non-exclusive, irrevocable, perpetual, and sub-licensable right for us to share the information in any format and for any purpose, including but not limited to advertising use. You will not be compensated for your submission, and Pen Capital is under no obligation to use or post any information provided.

You warrant that you own or control all of the rights to all content, photographs, videos, or images and that such content, photographs, videos, and images do not infringe upon the intellectual property rights of any third parties. You agree to indemnify Pen Capital, our affiliates, agents, and partners for any and all claims resulting from the content you submit.

You may not post content that is unlawful, obscene, threatening, inflammatory, libelous, defamatory, or that includes any misleading information. Pen Capital may remove any Submission at any time in its sole discretion.

Ownership

Pen Capital retains all rights, titles, and interests in this website and its content, designs and layouts, functions, graphics, photographs, music, sound, features, and services offered on this website, including any and all copyright, trademark, and other intellectual property rights. Pen Capital reserves all rights not expressly granted. All third-party trademarks, service marks, trade names, logos, or other designations of source are the property of their respective owners. Nothing on any Site shall be construed as granting any license or right not expressly set forth herein.

Authorization to Contact You by Telephone

You authorize Pen Capital, our affiliates, agents, partners, and independent contractors to contact you at any telephone number you provide to us or from which you place a call to us, or any telephone number where we believe we may reach you, using any means of communication, including but not limited to, calls or text messages to mobile, cellular, wireless or similar devices and calls or text messages using an automated telephone dialing system and/or artificial voices or prerecorded messages, even if you incur charges for receiving such communications.

Electronic Communications

By using parts of this website or sending e-mails to Pen Capital, you are communicating with us electronically. You agree to receive communications from us electronically and that all agreements, notices, disclosures, and other communications that we, our affiliates, partners or independent contractors provide to you electronically satisfy any legal requirement that such communication is in writing and is effective immediately.

If you are accessing our website and the disclosures via a mobile device (e.g., smartphone, tablet, etc.), you must make sure that you have software on your mobile device that allows you to print and save any and all disclosures provided to you during the application process. If you do not have these capabilities on your mobile device, please access this website or portal through a device that provides these capabilities.

You may withdraw your consent to receive disclosures electronically by contacting us at the address below. However, once you have withdrawn your consent, you cannot post any funding requests on our website. If you have a pending request on our website, we will terminate it and remove it from our system. If you have already received funding, all previously agreed to terms and conditions will remain in effect, and we will send disclosures to your verified business address provided during registration.

Message frequency varies per user.
Message and data rates may apply.
Text HELP for help. Text STOP to unsubscribe.
Carriers are not liable for delayed or undelivered messages.

Disclaimer

The site, the site content, and the user content are made available “as is” and “as available” without warranty of any kind, either express or implied. this includes, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, accuracy, non-infringement, or enjoyment. we make no guarantee that the site content or user content on the site is up-to-date, accurate, or complete. you should not rely on it for any decision or to take any action. we hereby disclaim any warranty that the site content or user content on the site will be free of interruption, free of errors or that any of the sites is free of viruses, worms, trojan horses, or other code that manifests contaminating or destructive properties.

Limitation of Liability

Under no circumstances shall Pen Capital or any of its affiliates be liable to you or any other person for any direct, special, exemplary, indirect, incidental, consequential, or punitive damages or costs, or attorney’s fees arising out of or relating to these terms, access to, use of, or the operation of any site, any of the site content, or user content. your sole and exclusive remedy and Pen Capital sole and exclusive liability to you for any reason shall be for you to discontinue your access to or use of the site. the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

In the event, State law does not allow the exclusion or limitation of liability for consequential or incidental damages, Pen Capital liability shall be limited, and warranties are excluded to the fullest extent permitted by law but shall in no event exceed $100.00. You agree that any cause of action arising out of or related to Pen Capital, any website, or any website content or user content must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Indemnification

You agree to indemnify, defend, and hold harmless Pen Capital, its affiliates, licensors, and partners, including, without limitation, Pen Capital’s service providers and banks—and their respective officers, directors, employees, agents, and representatives—from and against all losses, expenses, damages, and costs. This includes reasonable attorneys’ fees for any claims, causes of actions, procedures, or allegations arising out of or relating to any violation of these Terms of Use, your use of the website, website content, or user content (including but not limited to infringement of third parties’ worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing any website on your behalf. Pen Capital reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you.

Force Majeure

Pen Capital Shall Not Be Liable For Any Failure Or Delay In Performance Due In Whole Or In Part To Any Cause Beyond The Reasonable Control Of The Such Party Or Its Contractors, Agents, Or Suppliers, Including But Not Limited To Utility Or Transmission Failures, Power Failure, Strikes Or Other Labor Disturbances, Acts Of God, Acts Of War Or Terror, Floods, Sabotage, Fire, Natural Or Other Disasters.

If you have any questions or concerns about these Terms of Use, please contact us at 917-301-1407

Privacy Policy

This privacy notice discloses the privacy practices for (https://www.pencapitalllc.com/). This privacy notice applies solely to information collected by this web site. It will notify you of the following:
1. What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared. 2. What choices are available to you regarding the use of your data. 3. The security procedures in place to protect the misuse of your information. 4. How you can correct any inaccuracies in the information.

INFORMATION COLLECTION, USE, AND SHARING
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone. We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

YOUR ACCESS TO AND CONTROL OVER INFORMATION
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
– See what data we have about you, if any. – Change/correct any data we have about you.
– Have us delete any data we have about you. – Express any concern you have about our use of your data.

SECURITY
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for “https” at the beginning of the address of the web page.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

If you feel that we are not abiding by this privacy policy, you should contact us immediately