Terms of Use – Mitsubishi HC Capital America Website

This website, including all sub-sites (collectively, “Sites”), is operated by Mitsubishi HC Capital America, Inc., a Delaware corporation, with offices at One Pierce Place, Suite 1100, Itasca IL 60143, or one of its subsidiaries, affiliates, and divisions, including Mitsubishi HC Capital Canada, Inc. and Mitsubishi HC Capital Canada Leasing, Inc. (collectively, the “Company”, “we”, “us” or “our”).

1. Use of the Sites

The Sites are for individual business owners and legal entities organized and authorized to do business in the United States or Canada and are not intended for use by others or for use outside of the United States or Canada.

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE ENTERING THE SITES. EACH TIME YOU ENTER THE SITE, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS AND OUR PRIVACY POLICY, OF USE IN ITS THEN-CURRENT FORM. BY USING THE SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THESE TERMS OF USE. IF YOU ARE AN INDIVIDUAL ACCESSING OR USING THE SITES ON BEHALF OF, OR FOR THE BENEFIT OF, ANY CORPORATION, PARTNERSHIP OR OTHER ENTITY WITH WHICH YOU ARE ASSOCIATED (AN “ORGANIZATION”), THEN YOU ARE AGREEING TO THESE TERMS OF USE ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS OF USE. REFERENCES TO “YOU” AND “YOUR” IN THESE TERMS OF USE WILL REFER TO BOTH THE INDIVIDUAL USING THE SITES AND TO ANY SUCH ORGANIZATION. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED IN THESE TERMS OF USE, PLEASE EXIT AND DO NOT ACCESS OR USE THE SITE, OR REQUEST OR DOWNLOAD ANY CONTENT FROM THE SITE.

THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 12 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.

To access certain features of the Sites and our services, you may need to register for an account and to provide us certain documentation or information, including information about your identity, finances, and business performance. By creating or accessing a user account, submitting a request for commercial financing, and/or otherwise using the Sites, you represent and warrant that: (i) all information and/or documentation you submit is true, accurate, current, and complete in all respects; (ii) you will update such information, as necessary, to keep it true, accurate, current, and complete in all respects; and (iii) the information belongs to you and does not infringe or violate any patents, copyrights, trademarks or other intellectual property, proprietary or privacy rights of any third party.

By your use of the Sites, including but not limited to a submission of a request for commercial financing or other services, you expressly consent to receiving servicing, collection, marketing, and other calls and messages, including auto-dialed and pre-recorded message calls, and SMS messages (including text messages) from us, our affiliates, our marketing partners, our trusted third-party providers, referral provides, and marketplace participants, at any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers). Your consent will be effective even if the number you have provided is registered on any state or federal Do-Not-Call (DNC) list. You understand that you are not required to provide consent to be called for marketing or promotional purposes in order to qualify for financing or obtain any other products or services from the Company. If you do not agree to be called for promotional purposes, please see our Privacy Policy for your privacy rights and steps for opting out of promotional materials.

You also consent to the recording and monitoring, for quality assurance, training, risk management, collection, or other purposes, of any call that you place with us (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) or that we (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) place to you.

You agree not to use the Sites for any unlawful purpose or in any way that could harm the Company or any other person. The Company reserves the right, at its sole discretion, to restrict in whole or in part, your access to, and use of, the Sites, services, and Sites content at any time, with or without notice, and for any or no reason.

2. Limited License; Permitted Uses

The Company grants to you a limited right to use the Sites for your own internal, personal, non-commercial and informational purposes only. You agree not to modify, copy, alter, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from this Sites without the Company’s prior written permission. You agree not to use any robot, spider, other automatic device, or manual process to monitor or copy the Sites or the content contained therein, or for any other unauthorized purpose, without the Company’s prior written permission. You agree not to use any device, software, or routine to interfere with or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites. You agree not to take any action that imposes an unreasonable or disproportionately large load on our infrastructure. The Company reserves the right to investigate any illegal and/or unauthorized use of these Sites and to take appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.

3. Product and Services Availability

The products and services referred to on the Sites are offered by or through the Company or its affiliated entities. The products and services and the applicable terms and conditions may change at any time. There may be eligibility requirements for these products and services, and they may not be available in all geographic areas. The Sites is not intended for distribution to, or use by, any person or entity in any jurisdiction or county where such distribution or use would be contrary to local law or regulation.

4. Your Account

If you create a digital account in connection with the use of the Sites or our services, you are responsible for maintaining the confidentiality of your account information and password, and for protecting and restricting access to such information. You understand and agree that you are responsible for all activities that occur using your account or password, whether or not you authorized such activity. The Company reserves the right, in its sole discretion and without notice to you, to terminate your account and/or to restrict access to all or part of the services for any reason that complies with applicable law, including, without limitation, for extended periods of inactivity.

5. User Content

By submitting feedback, comments, or suggestions (collectively, "Feedback") to the Company through our website or any other means, you agree that all Feedback will become the property of the Company upon submission. The Company may use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your Feedback for any purpose, without acknowledgment or compensation to you. The Company is not obligated to treat any Feedback as confidential and may use similar ideas or concepts in its products, services, or operations without any liability to you. The Company is under no obligation to use, post, or respond to any Feedback submitted and reserves the right to remove or delete any Feedback for any reason.

The Company may allow you and other users to post text, files, images, photos, videos, sounds, musical works, works of authorship, and other materials and content (“User Content”) on certain areas of our Sites, including public and interactive areas. By submitting or posting User Content, you understand that it will not be treated as confidential or proprietary and may be preserved, disclosed, or removed by the Company at its discretion. By submitting or posting User Content, you grant the Company a non-exclusive, irrevocable, perpetual, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, display, modify, create derivative works from, and otherwise exploit the User Content to the maximum extent permitted by law. You also grant each user of the Sites a non-exclusive license to access and use your User Content as permitted by the Sites under these Terms. All User Content must comply with these Terms. You represent that you own or have the necessary rights to use and authorize the Company to use all intellectual property rights in your User Content. You also have the necessary written consent, release, or permission from each identifiable person or business in your User Content to use their name, likeness, or other personal characteristics. You are solely responsible for any User Content you submit or post and the consequences of doing so. The Company can accept, post, refuse, remove, or delete any User Content for any reason, including if it violates these Terms or is otherwise illegal or objectionable. However, the Company is not responsible for monitoring any materials submitted, posted, transmitted, or communicated to or within the Sites. If you see something on the Sites that you think violates the Terms, please email [email protected]

6. Intellectual Property

All content, features, and functionality on this website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software, are the exclusive property of the Company or its licensors and are protected by United States, Canadian and other international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website, except for a reasonable number of printed or downloaded pages for informational use, or files downloaded temporarily for storage in in RAM or web browser cache incidental to your accessing and viewing those materials. You must not: (i) modify copies of any materials from the sites (ii) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text, or (iii) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

7. Changes to Terms

The Company reserves the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Sites. Your continued use of the Sites after any changes signifies your acceptance of the new Terms.

8. Third Party Content

The Sites may contain links to internet Sites maintained by third parties. operate or control in any respect any information, products or services on such third-party Sites. Third party links are included solely for convenience, and do not constitute any endorsement by the Company. You assume sole responsibility for use of third party links.

9. Indemnification

You will be responsible for any liability to Company that arises out of your breach of these Terms, which will be deemed to include without limitation any such breach or use by any person acting either on your behalf, with your permission, or under your control.

You agree to indemnify, defend and hold harmless the Company from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) that arise from or relate to: (i) your use of the Service; (ii) your breach of these Terms or any representation, warranty or covenant made by you in these Terms; (iii) your violation of any applicable law, statute, ordinance, regulation or of any third party’s rights; or (iv) claims asserted by third parties which, if proven, would place you in breach of representations, warranties, covenants or other provisions contained in these Terms.

10. Disclaimer

VISITORS TO THE SITES AND USERS OF THE SERVICES AGREE THAT THEIR USE OF, AND RELIANCE ON ANY CONTENT, ADVICE, OR INFORMATION OBTAINED FROM OR THROUGH THE SITES AND THE SERVICES ARE AT THEIR OWN SOLE RISK. THE SITES AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE COMPANY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (I) ANY WARRANTIES CONCERNING THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE CONTENT OF THE SITES AND THE SERVICES; AND (II) ANY WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT REPRESENT, WARRANT, OR GUARANTEE: (1) THAT THE SERVICES, ANY PORTION OF THE SERVICES, OR EMAILS SENT FROM OR ON BEHALF OF VERIDIAN ARE OR WILL BE FREE OF INFECTION BY VIRUSES, SCRIPTS, WORMS, TROJAN HORSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW

11. Limitation of Liability

Your use of the Sites is at your risk. If you are dissatisfied with any of the Content contained in the Sites, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Sites.

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR OUR SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO ANY PARTY FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR RELATED TO THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SERVICES OR ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH, OR DOWNLOADED FROM THE SERVICES. THIS INCLUDES ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR FOR DISPUTES AGAINST US IS TO DISCONTINUE YOUR USE OF THE SERVICES. NOTHING IN THIS AGREEMENT SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THIS AGREEMENT. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12. Governing Law

The Sites are controlled or operated (or both) from the United States and is not intended to subject Company to any non-U.S. jurisdiction or law. The Sites may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Service is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

These Terms shall be governed by the laws of the United States (including federal arbitration law) and the State of Illinois, U.S.A., without regard to its choice of law rules, and regardless of your location. ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND COMPANY, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND THE COMPANY AND YOU EACH HEREBY WAIVE THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS OF USE WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES AND MEDIATION PROCEDURES (CURRENTLY ACCESSIBLE AT https://www.adr.org/rules-forms-and-fees/commercial/) AS AMENDED BY THESE TERMS OF USE. ANY ARBITRATION HEARING WILL BE HELD IN COOK COUNTY, ILLINOIS. THE ARBITRATOR’S DECISION WILL FOLLOW THE TERMS OF THESE TERMS OF USE AND WILL BE FINAL AND BINDING. THE ARBITRATOR WILL HAVE AUTHORITY TO AWARD TEMPORARY, INTERIM OR PERMANENT INJUNCTIVE RELIEF OR RELIEF PROVIDING FOR SPECIFIC PERFORMANCE OF THESE TERMS OF USE, BUT ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THE INDIVIDUAL CLAIM BEFORE THE ARBITRATOR. THE AWARD RENDERED BY THE ARBITRATOR MAY BE CONFIRMED AND ENFORCED IN ANY COURT HAVING JURISDICTION THEREOF. THE PARTIES HEREBY SUBMIT TO THE NON-EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN COOK COUNTY, ILLINOIS FOR THE CONFIRMATION OR ENFORCEMENT OF ANY AWARD RENDERED BY THE ARBITRATOR PURSUANT TO THIS AGREEMENT TO ARBITRATE, AND THE PARTIES WAIVE ANY OBJECTION TO THE VENUE OR PERSONAL JURISDICTION OF SUCH COURTS, AND ANY OBJECTION BASED ON INCONVENIENT FORUM. PRIOR TO OR AFTER THE APPOINTMENT OF THE ARBITRATOR, THE PARTIES MAY APPLY TO ANY COURT OF COMPETENT JURISDICTION FOR PRELIMINARY, PROVISIONAL, OR INTERIM RELIEF.

13. General

We hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that we do not endorse any of the products or services listed on such site.

To the fullest extent possible under the law, these Terms constitute the entire agreement between Company and you with respect to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter. You agree that any cause of action you may have with respect to your use of the Sites must be commenced within one hundred eighty (180) days after the claim or cause of action arises.

14. Contact Information

If you have any questions about these Terms, please contact us at [email protected].

Effective Date: October 24, 2025

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