1. Marsh Capital Terms and Conditions
The Marsh Capital service and website (each as defined below) are operated by On Deck Capital, Inc., a Delaware
corporation or a subsidiary thereof (collectively, “Marsh Capital”). Marsh Capital is in the business of providing
customers with small business loans, lines of credit and related services (“Service”). Marsh Capital is
not a broker, investment advisor or financial planner, and we do not provide financial, securities, legal or
tax advice. Before making any decision or implementing any strategy you should consider obtaining additional
information and advice from your accountant, attorney, and/or other advisors.
2. Accepting the Terms
By using the information, tools, features and functionality located at Marsh Capital.com or subdomains (the “Website”)
or by submitting an application for credit to Marsh Capital, you signify that you have read, understand and agree to be bound by
these terms and conditions (the “Agreement”).
You may not use the Service and you may not accept this Agreement if you are under 18 years of age. You
represent that you have the capacity to bind the company or entity applying for credit, on behalf of such
company or entity. Before you continue, you should print or save a copy of this Agreement for your records.
In addition to this Agreement you may enter into other agreements, including a loan agreement that will govern
the terms of your loan or line of credit and your use of the Service. If there is a conflict between this Agreement
and such other agreements that is applicable to specific aspects of the Service, the other agreement shall govern with
respect to those specific aspects.
Marsh Capital may make changes to this Agreement from time to time. If we do this, the date at the top of this page indicates
when the latest revisions were made. Your continued use of the Service or the Website will constitute acceptance of such revisions.
3. Privacy, Personal and Company Information
on the Website, as modified from time to time, which is hereby incorporated into this Agreement. The Privacy
Policy explains how Marsh Capital collects and treats your personal and company information, and protects your privacy,
when you access Marsh Capital and use the Service. The policy may be updated from time to time at our discretion.
Changes will be effective upon posting to the Website.
4. Identity Verification
To help the government fight the funding of terrorism and money laundering activities, federal law requires
financial institutions to obtain, verify, and record identifying information that identifies each person and
entity applying for credit. Therefore, when your company applies for credit, we ask for your name, address,
and other information that allows us to identify you and your company. We may also ask for a driver’s license
or other identifying documents. You allow us to obtain such information and share the information with third
parties to help us verify your and your company’s identity.
In connection with the provision of the Service, users may submit financial information from their business
banking account to Marsh Capital. Marsh Capital uses this information for its lending decisions and may require updates to monitor the
performance of customers on an on-going basis. With the Service, users may direct Marsh Capital to retrieve your
company information maintained online or otherwise by third-party financial institutions or organizations
authorized to house such information.
5. Proprietary Rights
All content on the Website or used by the Service, including but not limited to text, names, designs, pictures,
information and software are the proprietary property of Marsh Capital with all rights reserved.
You are permitted to use content delivered to you through the Service or Website only on the Service. You may not copy,
reproduce, modify, distribute, or create derivative works from this content. Further, you agree not to reverse engineer
or reverse compile any of the Service technology.
6. Electronic Communications
You hereby consent to receive by electronic means, (or in writing through postal mail or email), this Agreement,
communications, disclosures and notices, including and any and all disclosures and/or notices
required to be given by applicable law or regulation. You also consent to allow Marsh Capital to respond to any
inquiries by e-mail, at the email address you have provided, regardless of the format of the original inquiry. You
must also agree to our ESign consent during the online application process.
7. Telephone Communications
You hereby expressly consent to receiving calls and messages, including auto-dialed and pre-recorded message
calls and SMS messages (including text messages) from Marsh Capital, its affiliates, marketing partners, agents and
others calling regarding the Service or at Marsh Capital’s request or on its behalf, at any telephone numbers
that you have provided or may provide in the future (including any cellular or mobile telephone numbers) and you
acknowledge that telephone calls to and from Marsh Capital may be recorded. Your cellular or mobile telephone provider will
charge you according to the type of plan you carry. You acknowledge that no purchase of credit is contingent upon the foregoing
consent, and you may apply for business credit by contacting us directly. You may opt out of receiving calls
and marketing from Marsh Capital and its affiliates, marketing partners, agents and others as provided in the Privacy
Policy or by contacting us directly.
8. Loan Return Policy
You agree that you may not return any loan or other financial product that you take from Marsh Capital except at
Marsh Capital’s sole discretion, it being understood that in no event will you be able to return any such product
after 5:00 p.m. EST on the second business day following the initiation of disbursement of funds by Marsh Capital, and no
returns of renewal loans or lines of credit will be permitted.
9. Third Party Sites or Content
The Website or other materials sent to you under the Service may contain links to other Websites (“Third Party Sites”),
as well as content from third parties. Marsh Capital is not responsible for such Third Party Sites or content from third parties,
including without limitation accuracy, reliability, offensiveness, or appropriateness. If you decide to leave the Website
and access Third Party Sites or third party content, this Agreement and Marsh Capital policies no longer apply.
In addition, if any such link is to another capital provider or lender, Marsh Capital acts solely as a referrer and does not
guarantee or underwrite the products or services, including credit products, provided by such capital provider or
lender. You will be deemed a customer of that capital provider or lender with respect to any products or services
provided by such capital provider or lender. Marsh Capital has no role in, nor any liability for any decision made or product
or service provided by such other capital provider or lender.
Limitation on Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU
OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING
FOR ANY LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE WEBSITE OR THE SERVICES, INCLUDING THE UNAVAILABILITY
OF THE SERVICES FOR ANY REASON, OR ANY SYSTEM FAILURE OR MALFUNCTION ASSOCIATED WITH THE SERVICES, AND INCLUDING ANY
THIRD PARTY CLAIMS, WHETHER BASED ON THEORIES OF BREACH OF CONTRACT, TORT, PRODUCT LIABILITY, OR BREACH OF WARRANTY.
THESE LIMITATIONS OF LIABILITY WILL APPLY EVEN IF WE ARE ADVISED ON THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS.
THE PARTIES UNDERSTAND THAT THE SERVICES BY US WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
WE DISCLAIM ANY WARRANTY OF MERCHANT LIABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY LIABILITY FOR ERRORS OR OMISSIONS
IN ANY INFORMATION PROVIDED AS PART OF THE SERVICES OR ON THE WEBSITE AND ANY WARRANTIES REGARDING THE OPERABILITY OF
THE SERVICES OR LIABILITY FOR ANY SERVICE INTERRUPTIONS OR SYSTEM FAILURES THAT MAY AFFECT THE SERVICES AT ANY TIME.
Governing Law; Venue and Jurisdiction
By accessing the Website or using Services, you agree that the laws of the state of Virginia (or Utah if your loan is
originated by Celtic Bank), without regard to any principles of conflict of laws that would require or permit the
application of laws of any other jurisdiction, will govern this Agreement or your use of the Services.
For Ohio applicants: You understand that the Ohio laws against discrimination require that all creditors
make credit equally available to all credit worthy customers, and that credit reporting agencies maintain
separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers
compliance with this law.