Terms and Conditions of Use

Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use ("Terms of Use") apply to your use of the World Wide Web site owned, operated, licensed, and controlled by Headway Capital, LLC, doing business as Headway Capital (“Headway Capital”), including its related, affiliated, or subsidiary companies (together, "Headway Capital") located at www.headwaycapital.com, and all associated Headway Capital sites linked to this Web site (collectively, the "Site"). This Site is the property of Headway Capital. Please read this page carefully. By using this Site, you agree to these Terms of Use; if you do not agree, do not use this Site.

Headway Capital reserves the right at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Headway Capital grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Intellectual Property This Site, the content, any materials downloaded, and all intellectual property pertaining to or contained on the Site (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks and service marks) are owned by Headway Capital or third parties and all right, title and interest therein shall remain the property of Headway Capital and/or such third parties (collectively, the "Content"). All Content is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. You are authorized solely to view and retain a copy of the pages of the Site for your own personal, non-commercial use. You may also view and make copies of relevant documents, pages, images or other materials on this Site for the purpose of transacting business with Headway Capital. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Site, or any portion of the Site for any public or commercial use without the express written consent of Headway Capital. Additionally, you agree that you will not (i) remove or alter any author, trademark or other proprietary notice or legend displayed on the Site (or printed pages produced from the Site); and (ii) make any other modifications to any documents obtained from the Site other than in connection with completing information required to transact business with Headway Capital.

Site Security As a condition of your use of this Site, you agree that you will not, and you will not take any action intended to: (i) access data that is not intended for you; (ii) invade the privacy of, obtain the identity of, or obtain any personal information about any Headway Capital customer or user of this Site; (iii) probe, scan or test the vulnerability of this Site or the Headway Capital network or breach security or authentication measures without proper authorization; (iv) attempt to interfere with service to any user, host or network or otherwise attempt to disrupt our business, including, without limitation, via means of submitting a virus to this Site, overloading, "flooding," "spamming," "mail bombing" or "crashing;" or (v) send unsolicited mail, including promotions and/or advertising of products and services. Violations of system or network security may result in civil or criminal liability.

Privacy Headway Capital's Privacy Notice applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to or submit through the Site may be read or intercepted by others, notwithstanding Headway Capital's efforts to protect such transmissions. Logos, trademarks, images, etc. are the property of Headway Capital unless otherwise noted and may not be copied, used, linked, disseminated, etc. without Headway Capital's prior express written approval. Requests for approval should be directed to support@headwaycapital.com.

Disclaimers HEADWAY CAPITAL DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, DOCUMENT OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE MATERIAL IN THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. HEADWAY CAPITAL CANNOT ENSURE THAT ANY FILES, DOCUMENTS OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. HEADWAY CAPITAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HEADWAY CAPITAL DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST HEADWAY CAPITAL FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

Limitation of Liability EXCEPT WHERE PROHIBITED BY LAW, NEITHER HEADWAY CAPITAL, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS OF EACH, SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF HEADWAY CAPITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN A WRITTEN AGREEMENT WITH YOU, HEADWAY CAPITAL'S MAXIMUM LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS SITE, OR ITS CONTENT, WHETHER IN CONTRACT, TORT OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT YOU PAID TO ACCESS THIS SITE. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity By using the Site, you agree to defend, indemnify, and hold harmless Headway Capital from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that Headway Capital may become obligated to pay arising or resulting from your use of this Site, the Content, or your breach of these Terms of Use. Headway Capital reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

Linking This Site may contain links to sites maintained by third parties. Headway Capital is not responsible for the content or privacy policies of those sites, and the existence of such links should not be considered an endorsement or recommendation of those sites or of any product or service offered on those sites or of any party that is associated with those sites. Please note that other web sites and web pages linked to this Site may be governed by separate terms and conditions, including privacy policies. Please refer to the applicable terms and conditions of those web sites and web pages when visiting them.

Minors The use of this website is not intended for anyone under the age of 18 years, so if you are under the age of 18 years, please do not complete the online application or otherwise provide any personal information. Any information that we collect that we know is about a child will be deleted. If you are a parent or guardian who becomes aware that a child has provided us with information, please let us know immediately so that we can delete the information. You may contact us at: support@headwaycapital.com.

Law and Venue These Terms of Use and the relationship between you and Headway Capital shall be governed by the laws of the United States and the State of Illinois without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Cook County, Illinois, and agree and consent that such courts are the exclusive forum for litigation of any claim or cause of action arising out of or relating to your use of this Site or the Content. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to your use of this Site or the Content must be filed within one year after such claim or cause of action arose or be forever barred.

Availability of Services You will need a working connection to the Internet via a web browser on your computer. You are responsible for all costs, expenses and fees related to your access to the Services. From time to time, due to the performance of maintenance, malfunctions or failures of software, equipment, or telecommunications devices, unusual transaction volume or similar reasons the Site may not be available for your use. We will make every effort to minimize the periods of time during which the Site is unavailable. You agree that we shall not be responsible for any loss, damages, costs or expenses which you may suffer or incur, directly or indirectly, as a result of the unavailability of the Site, regardless of whether it could be shown that we could have prevented or reduced the duration of such unavailability by taking any action within our reasonable control. We shall also not be responsible for any loss, damages, costs or expenses which you may suffer or incur, directly or indirectly, as a result of your inability to access the Site caused directly or indirectly, in whole or in part, by your computer or mobile device, your inability to establish a connection to the Internet, your Internet Service Provider (“ISP”) or capacity or other limitations or constraints of the Internet. The Site is not intended for use by persons in any jurisdiction or country where such use would be contrary to applicable laws or regulations. We may restrict the Site during times you are in a country for which use of the Site would be prohibited. You can always contact us at support@headwaycapital.com or call us at 866.698.8494 regarding technical issues with this site.

Method of Communication You agree to maintain or update the e-mail address that you provide to us if you would like us to communicate with you electronically. E-mail is not secure and you understand that there are risks associated with communicating via e-mail, including the possibility of unauthorized access, failure to receive e-mails because they have been misdirected or sent to a spam folder, and your inability to access e-mail due to power outages, hardware or software malfunctions or failures of your computer or mobile device, or matters affecting the Internet or your access to the Internet. Do not rely on e-mail if you need to contact us immediately. For security reasons, we may not be able to respond to certain e-mail requests.

Text Message Terms and Conditions You acknowledge and agree that you are opting in to Headway Capital’s text messaging services by texting a specific keyword to a specific short code as specified in the applicable Headway Capital message or by selecting to opt-in on our website.

By opting in:

You authorize Headway Capital to use autodialer or non-autodialer technology to send recurring text messages to the mobile phone number associated with your opt-in (i.e., the number from which you send and confirm the opt-in request). You do not have to opt in or agree to opt in as a condition of receiving services from Headway Capital.

You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that phone number on a family or business plan and that you are authorized to opt in.

Frequency of text messages and maximum number of messages per month may vary. Communications via text message will be to your mobile device, and may include information about any current or future applications, accounts, products or services that you have with or through Headway Capital. Message and data rates may apply.

To opt out of text messages, reply “STOP” to the text message you receive and you will receive a text message confirming that you have been unsubscribed. For help, reply “HELP” to any text message you receive or contact Headway Capital at 866.698.8494 or support@headwaycapital.com.

Data obtained from you in connection with Headway Capital’s text messaging services may include your mobile phone number, your carrier’s name, and the date, time and content of your messages and any other information you provide to Headway Capital as part of the services. View Headway Capital’s Privacy Policy here: https://www.headwaycapital.com/privacy-policy

Headway Capital may terminate its text messaging services or your participation in such services at any time with or without prior notice to you. The carriers do not guarantee continuous, uninterrupted or secure text message services and will not be liable for any delayed or undelivered text messages. You must notify Headway Capital if your phone number is changed or deactivated. Participating carriers include AT&T, T-Mobile®, Verizon Wireless, Sprint, Boost, U.S. Cellular, Google Voice, Cellular One, MetroPCS, Cellcom, Cellular South, Carolina West Wireless, Interop, ClearSky, nTelos, and Virgin Mobile.

Headway Capital reserves the right to change these Terms and Conditions at any time and your continued consent to receive text messages from Headway Capital constitutes your agreement to all such changes. You should review these Terms and Conditions regularly to ensure that you are aware of future changes.

Liability for Unauthorized Activity If you believe that your information submitted through the Site has been used without your permission, you must tell us immediately by contacting us at support@headwaycapital.com or call us at 866.698.8494 If you fail to notify us, you may be liable for all unauthorized activity.

Termination of Services We may at any time, with or without cause, and without prior notice to you deny you access to the Site. In the event we terminate access to the Site, any applications you have submitted will continue to be evaluated. You may terminate your use of the Site and these Terms of Use by ceasing to access the Site.

Miscellaneous Any failure by Headway Capital to exercise any rights or enforce any of these Terms of Use shall not constitute a waiver of such rights or terms. If any provision of these Terms of Use or their application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of these Terms of Use, or the application of such provision in other circumstances, shall not be affected thereby, and each provision hereof shall be valid and enforced to the fullest extent permitted by law. The headings in these Terms of Use are intended only to help with the organization of these Terms of Use. These Terms of Use constitute the entire agreement between you and Headway Capital with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Headway Capital with respect to such use are hereby superseded and cancelled. Headway Capital will not accept any counter-offers to these Terms of Use, and all such offers are hereby rejected. This Site and its Content are directed to persons residing in the United States. You may not use or export or re-export any portion of this Site or its Content in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.