Legal Notices and
Consumer Consents
FINANCING TERMS AND CONDITIONS
You understand that financing an event through Capax Financial Services, LLC, and its affiliates (“we”, “us”, or “our”) is a special offer that is only available at select venues on certain dates. By submitting this financing application, you are requesting to borrow funds for the payment of certain financial obligations you have undertaken in connection with your Event Contract.
You understand that the consideration of your financing application is subject to various factors including but not limited to the date of your event, the venue selected, your credit score (minimum credit score required is (650), and acknowledge that the approval of your application is in no way guaranteed. You further acknowledge and agree that you are solely responsible for the payment of any financial obligations agreed to under the terms of your Event Contract, even if your application for financing is denied.
In the event that your application is approved, you will be required to enter into a separate Financing Agreement (the “Agreement”) between you and Capax Financial Services, LLC, which shall be sent to the email address listed in your financing application. You must execute and return this Agreement to us within no more than seven (7) days from the date on which it was sent.If we do not receive an executed copy of the Agreement within seven (7) days, the Agreement shall be void and any payment obligations related to your event shall be governed by the Event Contract. For more information about our financing program, please review our FAQs.
CREDIT PULL AUTHORIZATION
By your electronic clicking of the checkbox on our website, you authorize Capax Financial Services, LLC, and its affiliates (“we”, “us”, or “our”) or our agents, servicers, and assigns, to do a Soft Credit Inquiry to determine if your application is pre-approved for further consideration, and if said application is pre-approved, then a Hard Credit Inquiry to obtain your credit report from one or more consumer reporting agencies, such as TransUnion, Experian, or Equifax. You understand and acknowledge that we may use the credit report for any purpose authorized by law, including:
- To authenticate you are who you say you are;
- To make credit decisions;
- To determine your current debt-to-income ratio; and
- To obtain a credit score.
You hereby certify that the information you provided on your financing application is true and correct. You understand that any information that you provide on the financing application may be used to obtain consumer reports.
Soft Inquiry vs Hard Inquiry
Understanding the differences between soft and hard credit checks can help you avoid any unnecessary dips in your credit score.
- Soft Pull: Soft Inquiries/Pulls occur when you check your own credit report or when a business checks it for pre-approval purposes. Soft checks do not impact your credit score.
- Hard Pull: Hard Inquiries/Pulls occur when you formally request some form of credit. Hard pulls typically cause a small temporary ding to your credit score, and each hard inquiry stays on your credit report for two years. The reason a hard inquiry impacts your credit score is because you’re asking for credit in one form or another. Hard inquiries can also serve as a heads up to businesses checking your credit as multiple hard inquiries being made over the span of a few weeks or months can indicate that you may become financially overextended.
ELECTRONIC CONSENT AGREEMENT
Electronic Documents and Signatures – Consent. Capax Financial Services, LLC, and its affiliates (“we”, “us”, or “our”) are allowed to provide you with certain written disclosures, documents and information pertaining to your transactions with us (“Required Information”). Under the federal E-SIGN Act and related state laws, with your consent, we can deliver such Required Information to you electronically and can use electronic records and electronic signatures in connection with your transactions with us. Therefore, please review the terms of this Electronic Consent Agreement prior to giving your consent, and retain a copy of this Electronic Consent Agreement for your records.
If you do not want to receive the Required Information electronically, or do not want to use electronic signatures in connection with your transactions with us, you should not agree to the terms of this Electronic Consent Agreement. If you do not consent to receiving the Required Information electronically, or do not consent to the use of electronic signatures in connection with your transactions with us, we will not be able to proceed with the acceptance and processing of your online account services or transactions.
If you want to proceed with your loan application, establishing or using account services, or other transactions with us via the Internet, you must consent to receiving the Required Information electronically before we can provide it to you electronically. Your consent will apply to all your transactions with us and any Required Information we provide or make available to you. Your consent also permits the general use of electronic records and electronic signatures in connection with all your transactions with us.
Required Information You Will Receive Electronically.
BY PROVIDING YOUR CONSENT UNDER THIS AGREEMENT, YOU AGREE THAT CAPAX FINANCIAL SERVICES, LLC, MAY PROVIDE YOU WITH THE FOLLOWING REQUIRED INFORMATION SOLELY IN ELECTRONIC FORM:
any contracts, documents, or disclosures required by law or provided by companies, including but not limited to any notices of consumer rights; any loan, insurance, or other financial product or service disclosures; privacy policies; and any documentation, statements, and other transaction-related communications.
Updating Your Contact Information.
If you consent to receive Required Information electronically, we will contact you at the email address you have provided to us. If you change your email address, you must provide your new email address to us by contacting us by emailing info@capaxfinancing.com].
We may deliver Required information to you electronically through email, your online CapAx Payment Portal, any related mobile app account you have established, and any successor website or mobile app of CapAx.
Other E-Mail Communications:
In addition to receiving Required Information electronically, you agree that we and our agents may contact you for other purposes at any email address(es) you may provide to us, which purposes may include: to process your application; for account servicing or collections; to tell you about products and services; to send you information about credit score and financial wellness; and for other business purposes (“Other E-Mail Communications”). You may withdraw your consent to receive emails about products and services by following the instructions in such emails.
Consent:
You agree to be bound by the terms of this Electronic Consent Agreement and confirm that you have computer hardware and software required to receive electronic communications. You also consent to receiving Required Information electronically, the use of electronic records and signatures in connection with your transaction(s) with Capax Financial Services, LLC in place of written documents and handwritten signatures, and electronic communications and ACH (electronic) transfers from your bank account for monthly payments of loan balance.
WEBSITE TERMS OF USE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR USE OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE. WE RESERVE THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THIS WEBSITE.
You acknowledge that Capax Financial Services, LLC, and its affiliates (collectively, “CapAx”), may disclose and transfer any information that you provide through this Website to (i) any company within the CapAx group, its affiliates agents or information providers; (ii) to any other person or entity with your consent; or (iii) if we have a right or duty to disclose or are permitted or compelled to so disclose such information by law. You consent to the transmission, transfer or processing of such information to, or through, any country in the world, as we deem necessary or appropriate, and by using and providing information through this Website you agree to such transfers. Use of this Website, including any patterns or characteristics concerning your interaction with it, may be monitored, tracked and recorded. Anyone using this Website expressly consents to such monitoring, tracking and recording.
You agree not to attempt to log on to the Website from any country under sanctions by the Office of Foreign Assets Control (OFAC). Information regarding which countries are under sanctions may be obtained on the U.S. Department of the Treasury website. Any attempt to log on to the Website from one of these countries may result in your access being restricted and/or terminated.
At various locations on this Site, we may ask for your name, age, address, and other information by which you may be personally identified for purposes related to services provided to you. CapAx does not intend to collect any information through this Site other than information you intend to provide. You acknowledge that all information you provide to this Site is provided voluntarily. For information on how CapAx collects, uses, and discloses personal information, please review our Privacy Policy. If you do not agree with any of the provisions of these Terms of Use, please do not use this Site.
You agree not to use the information contained on this Site for any purpose that is unlawful or prohibited by these Terms of Use. You will not use the Site in any manner that could damage, disable, overburden, or impair any CapAx server, or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available at this Site. CapAx may terminate your access to this Site immediately without notice if, in CapAx’s sole opinion, you fail to comply with any of these Terms of Use.
Copyright and Trademark Notices
CapAx and/or its licensors own all of the materials, images, audio, video, trademarks and logos, and any other information or content found on this Site (“content”), and are copyrighted or trademarked material of the respective owner(s). Except as otherwise stated in these Terms of Use, you may not copy, reproduce, create derivative works from, republish, upload, post, transmit, license, alter, store for subsequent use or otherwise use in whole or in part in any manner without the prior written consent of CapAx, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended. You are permitted to download or copy small amounts of content for your personal, non-commercial use, so long as you do not remove any copyright or other notice as may be contained in content, as downloaded.
Website Content and Materials
The information and materials contained in this Site are subject to change without notice. You agree that (i) you will not engage in any activities related to the Website that conflict with applicable law, regulation or the terms of any agreements you may have with CapAx, and (ii) in circumstances where locations of the Website require identification for process, you will establish commercially reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals.
CAPAX OR ITS AFFILIATES MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS OR SERVICES DESCRIBED HEREIN AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND CAPAX DOES NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. FURTHERMORE, NO DISTRIBUTION OR SOLICITATION IS MADE BY CAPAX TO ANY PERSON TO USE THE SITE OR SUCH INFORMATION, PRODUCTS OR SERVICES IN JURISDICTIONS WHERE THE PROVISION OF THE SITE AND SUCH INFORMATION, PRODUCTS OR SERVICES IS PROHIBITED BY LAW.
Links to Other Sites
This Site may contain third-party links for your convenience. You understand that CapAx has no control over third-party sites and agree that if you choose to link to a third-party Website that is not controlled by CapAx, CapAx makes no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor does it warrant that such site or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. CapAx does not guarantee the authenticity of documents on the Internet. Links to third-party sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites. You acknowledge that any reliance upon any third-party link shall be at your sole risk.
LIMITATION OF LIABILITY
BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, CAPAX MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OF ANY CONTENT OR MATERIAL CONTAINED ON THIS SITE. ALL CONTENT AND MATERIALS ON THIS SITE IS, TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND.CAPAX AND THIRD-PARTY DATA PROVIDERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, CAPAX WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS WEBSITE AND FILES AND THE USER’S BROWSER OR OTHER SITE ACCESSING PROGRAM.
CAPAX AND THIRD-PARTY DATA PROVIDERS DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION. FURTHERMORE, CAPAX AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN WEBSITE, ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND THE USER’S FILES AND THE USER’S BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY USER DUE TO CAUSES BEYOND CAPAX’S AND ITS AFFILIATES’ CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.
UNDER NO CIRCUMSTANCES WILL CAPAX BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE SITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER WE HAVE BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE.
Enforceability and Governing Law
If any term or provision of these Terms of Use is held to be invalid, unenforceable, or void, the invalid, unenforceable, or void provision shall not affect any other provision, and these Terms of Use shall be construed as if the invalid, unenforceable, or void provision is severed and deleted from these terms.
The use of this Site, including all rights and obligations arising under these terms and conditions, is governed in accordance with the laws of the State of Texas, United States of America, regardless of any conflict of law provisions. If you use this Site from other locations, you are responsible for compliance with any and all applicable state, local, federal or international laws. Any dispute arising under or relating to this Site or these Terms of Use will be resolved exclusively in the state and federal courts of Collin County, Texas.
Legal Notice
Any legal notices regarding the Site should be sent to Capax Financial, Attn: Legal Counsel, 5550 Granite Parkway, Suite 195, Plano, TX 75024.