Updated and effective May 17, 2017
1. OnDeck Terms and Conditions

The OnDeck service and website (each as defined below) are operated by On Deck Capital, Inc., a Delaware corporation or a subsidiary thereof (collectively, “OnDeck”). OnDeck is in the business of providing customers with small business loans, lines of credit and related services (“Service”). OnDeck 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 ondeck.com or subdomains (the “Website”) or by submitting an application for credit to OnDeck, 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.

OnDeck 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

For information about OnDeck’s data protection practices, please read our Privacy Policy, which can be accessed on the Website, as modified from time to time, which is hereby incorporated into this Agreement. The Privacy Policy explains how OnDeck collects and treats your personal and company information, and protects your privacy, when you access OnDeck 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 OnDeck. OnDeck 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 OnDeck 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 OnDeck 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 OnDeck 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 OnDeck, its affiliates, marketing partners, agents and others calling regarding the Service or at OnDeck’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 OnDeck 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 OnDeck 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 OnDeck except at OnDeck’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 OnDeck, 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. OnDeck 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 OnDeck policies no longer apply.

In addition, if any such link is to another capital provider or lender, OnDeck 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. OnDeck has no role in, nor any liability for any decision made or product or service provided by such other capital provider or lender.


10. Miscellaneous
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.

Warranty

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.