Website Terms of Use

Terms of Use between user & BriteCap_®

This agreement (“Agreement”) governs the use of the BriteCap.com website. It should be read carefully before accessing or using this website (the“Site”).

You are currently using the BriteCap.com website. BriteCap Financial LLC and its affiliates (“BriteCap”), provide the information and services located on the Site. Please read these Terms of Use carefully. By accessing this Site you agree to be bound by these Terms of Use.

Guidelines for Using BriteCap Copyrights and Trademarks

All of the pages and screens on the Site are owned and controlled by BriteCap, except as otherwise expressly stated, and are protected by U.S. copyright laws and international treaties. The copyright protected materials on the Site include, but are not limited to, the text, design, software, images, graphics, source code, “touch and feel” and other content on the Site.

You are authorized to view the information available on the Site for your informational purposes only. You may download copyright protected materials for your personal, non-commercial, and non-public use purposes only. You acknowledge that you do not acquire any ownership rights by downloading copyright protected material. You may not copy, display, distribute, modify, transfer, link to, reproduce, license, frame, alter, create derivative works of or republish all or any portion of the Site for any commercial or public purpose without BriteCap’s prior written consent.

BriteCap^® and Business Loans Without the Hassle^® are federally registered service marks of BriteCap Financial LLC.  “Growing your business is our business” is a service mark of BriteCap Financial LLC. Other featured words used on the Site to identify the source of products and services are trademarks and service marks owned by BriteCap  You may not use or register anywhere in the world, any of the trademarks found on the Site, without the prior written consent of BriteCap, and then only under the specific guidelines provided by BriteCap.

VISA^® is a registered trademark of Visa International. MasterCard^® is a registered trademark of MasterCard International. FICO® is a registered trademark. 

Authorization to Conduct Business Electronically

By using the Site, you consent to: (a) transact business with BriteCap online and electronically; (b) receive certain disclosures electronically, either via the Site or an email address provided by you; and (c) receive electronically all relevant documents, communications, notices and contracts related to your business funding application, business financing, servicing, or collection.

To electronically receive, view, and save these Terms of Use and/or disclosures, you must have a personal computer equipped with an up to date web browser and either a printer, hard drive, or other storage device. You must also have a valid email address. If your email address changes, please notify us immediately.

Digital Content Disclaimer

By using blog postings, webinars, or other electronic content (Digital Content) provided by BriteCap, you accept this disclaimer in full:

Digital Content is not advice, and should not be treated as such. BriteCap excludes all representations, warranties, guarantees, and undertakings related to its Digital Content to the maximum extent permitted by applicable law. You must not rely on the information within Digital Content as an alternative to financial, accountancy, legal, taxation, or other advice from a qualified professional. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of Digital Content information. BriteCap does not guarantee that Digital Content is correct, accurate, complete, or non-misleading and that the use of Digital Content guidance will lead to any particular outcome or result. You agree not to hold BriteCap liable to in respect of any business losses, including, and without limitation, loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill, or any special, indirect, or consequential loss or damage related to Digital Content.

Linked Sites

The Site may contain links to websites controlled or offered by third parties (non-affiliates of BriteCap). BriteCap hereby disclaims liability for any third party’s website content, products, privacy policies, or security. In the event you choose to use the services available at a linked site, you agree to read and adhere to the policies and terms of use applicable to that site.

Customer Referral Program

To qualify for BriteCap’s Customer Referral Program, the following conditions must be satisfied:  The referred merchant must be a new customer to BriteCap;  the referring merchant must be a current or previous BriteCap customer in good standing; and the referred merchant must indicate at the time of its application that it was referred to BriteCap by an eligible BriteCap customer. Good standing means, for current customers, that your financing payments are current and you are not and have not been since the funding of your financing in default under your agreement and, for previous customers, that your financing was fully paid off pursuant to the terms of your agreement and at no time were you in default under your agreement.  A new customer means a customer that is not currently in BriteCap’s marketing database or a customer that has not submitted a financing application to BriteCap within the last 180 days.  The referral gift will be mailed within 45 days of BriteCap’s funding of a loan to a referred merchant, provided that the eligible referring and referred merchants are in good standing at the time of mailing.  BriteCap reserves the right to change the terms of this offer or terminate this offer at any time in its sole and absolute discretion.

General

BriteCap reserves the right to modify these Terms of Use at any time without notice, but the most current version of the Terms of Use will always be available to you by clicking on the link at the bottom of the Site. If you find the Terms of Use unacceptable at any time, you may discontinue your use of the Site. By continuing to use the Site after the date of any change to these Terms of Use, including accessing the Site, you agree to be bound by the rules contained in the most recent version of these Terms of Use.

These Terms of Use constitute a contract between you and BriteCap governed by the laws of the State of California, with the exception of its conflicts of laws provisions.

Privacy Policy

This is the website of www.BriteCap.com.

BriteCap’s postal address is:

5161 Lankershim Blvd, Suite 250
North Hollywood, CA 91601

BriteCap can be reached via e-mail at info@britecap.com, or by telephone at 866.623.4900. For each visitor to BriteCap’s Site, our Web server automatically recognizes the customer’s domain name and e-mail address (where possible).

BriteCap collects the domain name and e-mail address (where possible) of visitors to its Site, information provided voluntarily by the customer, including information provided as part of a small business credit application.

The information BriteCap collects is used by it to contact small businesses for marketing purposes and may be shared with reputable third party companies for commercial purposes. If you do not want us to share your information with third parties, email us at OptOut@BriteCap.com, call us at 888.796.8717, or write us at 330 South Rampart Blvd, Ste 260 Las Vegas, NV 89145

BriteCap does not track its customers or visitors to its Site over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals.  However, some third-party sites linked to BriteCap’s Site may track your browsing activities when you are on those sites.  If you are visiting such third-party sites, your browser allows you to set the DNT signal so that third parties know you do not want to be tracked, however, BriteCap makes no representations or warranties with respect to the practices or policies of such third-party sites and recommends you visit such third party site’s respective privacy policies for additional information.

With respect to cookies: BriteCap uses cookies in accordance with its Cookie Policy. Please review the Cookie Policy below.

If you do not want to receive e-mail from BriteCap in the future, please let us know by sending an e-mail to OptOut@BriteCap.com, or by writing to the above address.

From time to time, BriteCap makes its customer e-mail list and the e-mail addresses of those who access its Site available to other reputable organizations whose products or services it thinks you might find interesting. If you do not want BriteCap to share your e-mail address with other companies or organizations, please let us know by calling 888.796.8717, or by writing to the above address.

If you supply BriteCap with your mailing address online, you may receive periodic mailings from us with information on new products and services or upcoming events. If you do not wish to receive such mailings, please let us know by calling 888.796.8717, or by writing to the above address.

You may receive mailings from other reputable companies. You can, however, have your name put on BriteCap’s do-not-share list by calling 888.796.8717, or writing to the above address. Please provide us with your exact name and address. So that we will be sure your name is removed from the list shared with other organizations.

Persons who supply BriteCap with their telephone numbers online may receive telephone contact from us with information regarding new products and services or upcoming events. If you do not wish to receive such telephone calls, please let us know by sending an e-mail to the above address, or by writing to the above address.

Persons who supply BriteCap with their telephone numbers online may receive telephone contact from other reputable companies. You can, however, have your name put on BriteCap’s do-not-share list by sending an e-mail to the above address, or by writing to the above address.

With respect to Ad Servers: We do not partner with or have special relationships with any ad server companies.

From time to time, BriteCap may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If BriteCap’s information practices change at some time in the future, we will post the policy changes to the Site to notify you of these changes and provide you with the ability to opt-out of these new uses. If you are concerned about how your information is used, you should check back to BriteCap’s Site periodically.

Customers may prevent their information from being used for purposes other than those for which it was originally collected by e-mailing us at the above address. Upon request, BriteCap provides Site visitors with access to information that we have collected and that we maintain about them.

Customers can access this information by e-mailing us at the above address, or by writing to the above address. Customers can have this information corrected by sending us an e-mail at the above address, or by writing to us at the above address.

With respect to telephone numbers: If you provide a phone number when interacting with BriteCap.com you expressly consent to receive calls and messages, including marketing and service calls and messages, using automated technology including auto-dialed and pre-recorded message calls, and SMS messages (including text messages) from BriteCap, its affiliates, agents, representatives, and others calling at their request or on their behalf, at any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers). Your cellular or mobile telephone provider may charge you based on type of plan you carry. You acknowledge that consent is not a condition of any purchase of credit or services. You understand that you may opt-out at any time of receiving further communications from BriteCap by emailing us at OptOut@BriteCap.com, by calling us at 888.796.8717, or as otherwise provided in our Privacy Policy. To opt-out of SMS messages you may reply “STOP” at any time. 

BriteCap takes the security of your information very seriously. Your information is securely sent to BriteCap with 128-bit encryption over the Transport Layer Security (TLS) protocol, which is an encrypted connection between your browser and BriteCap’s servers. Thus, when you enter sensitive personal information (such as a social security number) on our application forms, we encrypt the transmission of that information. When we transfer and receive certain types of sensitive information, such as financial information, we redirect visitors to a secure server. We have appropriate security measures in place in our physical facilities to protect against the loss, misuse, or alteration of information that we have collected from you at our Site.

If you experience problems accessing our “LOGIN” or “My Account Login” portals, you should confirm your browser is compatible with TLS 1.1 or higher. Stronger security is in place to access these portals and therefore, if you are using Microsoft Edge in Windows 7 or an earlier version of Windows, please upgrade your operating system to Windows 8 or a newer version. Alternatively, you can use Mozilla Firefox or Google Chrome. For mobile users, upgrade your operating system to iOS 13 or a newer version.

If you feel that this Site is not following its stated information policy, you may contact BriteCap at the above addresses or phone number.

If you allow BriteCap to see your banking information online rather than in hard copy, it is on a read-only basis. BriteCap does not have access to change, edit, or modify bank account information in any way. BriteCap employees cannot view your banking username and passwords.

Information We Collect

We collect the following personal information data (“Personal Information”) from you:

• Contact information such as name, business name, email address, mailing address, and phone number;
• Financial information such as bank statements, credit card statements, your average bank balance, personal and business credit history, payment behavior, bank account information, and tax ID number;
• Private information like social security number and date of birth;
• Unique identifiers such as user name and password, and IP address; and
• Business information including time in business, estimated annual revenue, financing amount requested, industry, company size, business type, company ownership, DBA name, whether your business accepts credit cards, estimated average of the last three months credit card receipts, and lowest of last three months credit card

In addition to gathering information via our Site, BriteCap may also review your website to gather information, and obtain information and external data used by lenders to process applications and complete and manage transactions, e.g., from credit reporting agencies and other vendors, as well as from social media. Once you are a BriteCap customer, we may reach out to you for, or otherwise obtain, information if you decide to renew your financing or as otherwise needed to provide the BriteCap’s financing products and related services (the “Service”).

Use of Information

BriteCap uses the information it collects to:

• Compile, save, use, and analyze your Personal Information in both a personally-identifiable form and an aggregated, non-personally identifiable form;
• Operate, maintain, improve, and provide you the Service and to conduct our business;
• Verify your identity and conduct appropriate diligence;
• Register you as a user and identify you when you sign in to your account;
• Handle your application and determine whether or not your business qualifies for one of our financing products;
• Process your business financing product account, including deducting automatic payments;
• Communicate with you to send order confirmations, respond to customer service requests, send marketing communications, and send account update notifications;
• Conduct research and analyses to understand our customers better; and produce data analytics and reports containing anonymized summaries of Personal Information and other information that is not Personal Information (such information, “General Information”) that we share with business partners. General Information may include Personal Information that has been aggregated, anonymized and will not identify you.

Your California Privacy Rights:

This section applies to any California resident about whom we have collected personal information from any source, including through your use of our Website(s), by buying our products or services, or by communicating with us electronically, in paper correspondence, or in person (collectively, “you”).

For purposes of this section, “personal information” means information that BriteCap maintains in a manner that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California consumer/resident or household.  Personal information does not include publicly available information or information that has been de-identified or aggregated.

As a lender to small businesses, much of our collected data is exempt from the California Consumer Privacy Act (“CCPA”), including under that law’s exemption for business-to-business data collection. However, because we are committed to transparency and the privacy of our customers, this Policy section contains details as to this exempt dataset in addition to any non-exempt personal information.

Please keep in mind, however, that our decision to provide you this information is done solely on a voluntary basis.   BriteCap is not required to do so under the CCPA or any other legal obligation. Therefore, BriteCap reserves the right, in its sole discretion, to determine the amount and type of information we disclose to you in the future or how to respond to privacy requests that you may submit to us.

What Information We Collect

We may collect the following categories of personal information about you:

• Identifiers, which includes real name and alias; mailing address; email address; telephone number; Internet Protocol (“IP”) address; account number, name, and password; Social Security number; tax identification number; driver’s license number, passport number, and/or other similar identifiers
• Commercial information, which includes products or services purchased, obtained, or considered; bank account information and other information relating to your financial institution; credit application, credit checks, and information from personal and business credit reporting agencies; and/or other similar commercial information including details about your business and its performance
• Information relating to Internet activity or other electronic network activity, which includes cookie identifiers and/or other device characteristics
• Geolocation data, which includes IP address and cell network
• Professional or employment-related information, such as information regarding your business
• Inferences about you drawn from any of the information categorized in this Policy
• Audio, or similar information, which includes recorded calls with our sales staff, underwriters, and customer service agents
• Information not listed above and related to characteristics protected under California or federal law, which includes date of birth
• Other personal information not listed above and described in California Civil Code § 1798.80(e), which includes signature; bank account number, credit card number, and other financial information

What We Do With Your Information

We may collect or use personal information from you for the following purposes:

• To operate, maintain, improve, and provide you with the Service
• To conduct our business, including our own lending, and referring your business to other third-party small business lenders at your direction
• To verify your identity and conduct appropriate diligence
• To register you as a user and identify you when you sign-in to your account
• To process your business’ application and determine whether your business qualifies for one of our financing products
• To process your business financing product account, including deducting automatic payments from your business bank account
• To communicate with you
• To conduct research and analysis to understand our customers better
• To produce data analytics and reports containing de-identified summaries of personal information and other information that is not personal information that we share with business partners
• To provide you with support and to respond to your inquiries, including to investigate consumer claims and conduct fraud investigations and prevention
• To optimize and maintain our website
• To maintain the safety, security, and integrity of our systems, databases, and other technology assets
• For financial reporting and accounting
• To assess third-party vendors or service providers
• For marketing our Service
• For marketing the products and services of others via mailings, email, telephone, or text message
• To respond to audits or law enforcement requests and as required by applicable law, court order, or governmental regulations

Sources of Collected Information

We may collect personal information from the following categories of sources:

• Our prospective financing applicants, borrowers, and users of our website, including via our websites, mobile applications, telephone, text message, postal mail, or other means
• Our service providers, which includes credit reporting agencies, customer relationship management providers, data analytics providers, website hosting providers, operating systems and platforms, and communications delivery services
• Nonaffiliated companies with which we have a business relationship (i.e., our business partners), which includes referral partners, lending partners, and promotional and joint marketing partners
• Other third parties, which includes operators of other websites and mobile applications, online advertising partners, and other data suppliers
• Things that you or other third parties may post publicly about you or otherwise provide to us, which includes the websites and social media of our prospective financing applicants, users, and customers

Who We Share Information With

We do not sell your personal information.  We may share your personal information with the following categories of third parties:

• Our trusted business partners
• Third party lenders of our products

We also disclose the personal information disclosed in Section A to our service providers for business purposes.

Your Privacy Rights

If you are a California resident, subject to applicable law, you have the following rights under California law with respect to your personal information, to the extent your personal information is not already subject to federal law and the required privacy and security measures applied under federal law:

• Right to Know. Subject to certain exceptions, you have the right to request what personal information we collect, use, and/or disclose, as applicable.
• Right to Delete. Subject to certain exceptions, you have the right to request the deletion of your personal information that is collected or maintained by us.
• Right to Opt-Out of Sale. You have the right to opt-out of the sale of your personal information by us.  It is important to note, however, that we do not sell your personal information.
• Right to Non-Discrimination. You have the right not to receive discriminatory treatment by us for the exercise of your privacy rights described above.  You may designate an authorized agent to exercise the above rights on your behalf provided you provide the agent with a signed power of attorney to act on your behalf, a copy of which we will require. 

When you submit a request through one of the designated methods provided for submitting requests, it may take us up to 45 calendar days from receiving your verifiable request to disclose and deliver the required information.  In some cases, it may take us longer to respond to your request.  If we require more time (up to 90 calendar days), we will provide you with notice of the extension period. 

The above rights are subject to our being able to reasonably verify your identity and authority to make these requests.  Any request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, including, without limitation, your full name, email address, and address including zip code.  If we are unable to verify your identity to a reasonable degree of certainty, we will not be able to provide the requested information.

Your request must also contain sufficient detail that allows us to properly understand, evaluate, and respond to it.  These rights are also subject to various exclusions and exceptions under applicable laws.  If any of the applicable exceptions apply, we will not be able to comply with and will be forced to deny your request to delete.  For example, applicable law provides an exception to the right to delete for personal information necessary to complete a transaction for which we collected it or to comply with a legal obligation.  This exception applies to, among other things, information collected in connection with an application for financing. 

If you are a California resident and wish to seek to exercise these rights, please reach us in one of the following ways:

• email us at privacy@BriteCap.com
• call us at 888.796.8717

For more information regarding this Privacy Policy, or if you have any questions or concerns, you may contact us in the following ways:

• email us at privacy@BriteCap.com,
• call us at 888.796.8717, or
• write us at 5161 Lankershim Blvd, Suite 250, North Hollywood, CA 91601

Please consult the other sections of our Privacy Policy for further information on our practices regarding your personal information.

*        *        *

This Privacy Policy was last updated on June 6, 2021.

Cookie Policy:

By using BriteCap.com, you are consenting to BriteCap’s use of cookies in accordance with this Cookie Policy. If you do not agree to our use of cookies in this way, you should set your browser settings accordingly or not use BriteCap.com. If you disable the cookies that we use, this may impact your user experience while on BriteCap.com. The information below summarizes the different types of cookies we use on BriteCap.com, together with their respective purpose and duration (i.e. how long each cookie will remain on your device).

What are cookies?

Cookies are files or pieces of information that may be stored on your computer (or other internet enabled devices, such as a smartphone or tablet) when you visit BriteCap.com. A cookie will usually contain the name of the website from which the cookie has come from, the “lifetime” of the cookie (i.e. how long it will remain on your device), and a value, which is usually a randomly generated unique number.

What do we use cookies for?

BriteCap uses cookies to make BriteCap.com easier to use and to better tailor BriteCap.com and our products to your interests and needs. Cookies may also be used to help speed up your future activities and experience on our site. We also use cookies to compile anonymous, aggregated statistics that allow us to understand how people use our site and to help us improve their structure and content. We cannot identify you personally from this information.

What types of cookies do we use?

Two types of cookies may be used on BriteCap.com – “session cookies” and “persistent cookies.” Session cookies are temporary cookies that remain on your device until you leave BriteCap.com. A persistent cookie remains on your device for much longer or until you manually delete it (how long the cookie remains on your device will depend on the duration or “lifetime” of the specific cookie and your browser settings).

Cookies used on BriteCap.com

Necessary Cookies: These cookies are essential to make BriteCap.com work correctly. They enable you to move around our website and use our features. Examples include remembering previous actions (e.g. entered text) when navigating back to a page in the same session. These cookies do not identify you as an individual. If you do not accept these cookies, it may affect the performance of the website, or parts of it.

Performance Cookies: These cookies help us understand how visitors interact with our website by providing information about the areas visited, the time spent on the website, and any issues encountered, such as error messages. This helps us improve the performance of our website. These cookies do not identify you as an individual. All data is collected and aggregated anonymously.

Functionality Cookies: These cookies allow our website to remember the choices you make (such as your user name, language, or the region you are in) to provide a more personalized online experience. They can also enable visitors to watch videos and engage with social tools, such as blogs, chatrooms, and forums. The information these cookies collect may include personally identifiable information that you have disclosed, such as your username or profile picture. We shall always be transparent with you about what information we collect, what we do with it, and with whom we share it. If you do not accept these cookies, it may affect the performance and functionality of the website and may restrict access to content on the website.

Targeting/Advertising Cookies: These cookies are used to deliver content that is more relevant to you and your interests. These cookies may be used to deliver targeted advertising or to limit the number of times you see an advertisement. They also help us measure the effectiveness of advertising campaigns on BriteCap.com and other websites. We may use these cookies to remember websites you have visited, and we may share this information with other parties, including advertisers and our agencies. These cookies track customers via their IP Address.

How can I control or delete cookies?

Most internet browsers are initially set up to accept cookies automatically. You can change the settings to block cookies or to alert you when cookies are being sent to your device. There are some ways to manage cookies. Please refer to your browser instructions or help screen to learn more about how to adjust or modify your browser settings.

If you disable the cookies that we use, this may impact your experience while on BriteCap.com. You may not be able to visit certain BriteCap.com areas, or you may not receive personalized information when you visit our site. If you use different devices to view and access BriteCap.com (e.g. your computer, smartphone, tablet, etc.) you will need to ensure that each browser on each device is adjusted to suit your cookie preferences.

Credit Application Disclaimer:

Submission of an electronic financing application shall have the same force and effect as if the application bore an original inked signature. The submitter certifies that the account will be used solely for business and commercial purposes. The applicant, or the person submitting this application if not the applicant, hereby represents and warrants that the applicant(s), owner(s) and guarantor(s) (if any) have expressly authorized the applicant to enter into contracts on behalf of the business, and that BriteCap Financial LLC and its assigns, including select other finance companies (collectively “BC”), may consider this information as true, accurate, and complete in all respects, until the applicant provides BC with a written notice of change. Each applicant authorizes BC to (1) obtain at any time, now or in the future, investigative reports and credit reports through a credit agency chosen by BC, and (2) investigate any references or other information obtained from or about the individual owner/guarantor and the business (including contacting the current payment processor of the business to verify processing history) for purposes of this application. The applicant acknowledges that, based upon such information and other factors that may apply, BC in its sole discretion, may either grant or decline to grant credit. By submitting an electronic application, the applicant agrees to receive updates from BC and its partners regarding this account via the telephone or fax numbers, or email address, provided for the account. If the applicant has provided a mobile device number, applicant expressly agrees to receive communications at that number from BC and its authorized agents.

If your application for business credit is denied, you have the right to a written statement of the specific reasons for the denial.  To obtain the statement, please contact Vice President, Underwriting Decisions Compliance Department, BriteCap Financial LLC, 5161 Lankershim Blvd, Suite 250, North Hollywood, CA 91601 or 866.792.3716 within 60 days from the date you are notified of our decision.  We will send you a written statement of reasons for the denial within 30 days of receiving your request for the statement.

No Minor Use

This Site is applicable to and should only be used by persons 18 years of age or older. Access and use of this Site by persons under the age of 18 is strictly prohibited.

USA PATRIOT Act

IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING AN ACCOUNT

To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account.

What this means for you: When you open an account with BriteCap, BriteCap will ask for your name, mailing address and other information that will allow them to verify your identity. BriteCap may also ask to see a driver’s license or other identifying documents.

Notice:  The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act.  The federal agency that administers compliance with this law concerning BriteCap Financial LLC is the Federal Trade Commission, Equal Credit Opportunity, Washington, D.C.  20580.  

Indemnity

You agree to defend, indemnify, and hold harmless BriteCap, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third-party right, including, without limitation, any copyright, property, or privacy right; or (iv) your violation of any other terms applicable to your use of the Services. This indemnification obligation will survive these Terms of Use and your use of the Site.