Terms of Use – Mitsubishi HC Capital America Website

1. Use of the Sites
2. Limited License; Permitted Uses
3. Product and Services Availability
4. Your Account
5. User Content
6. Repeat Infringer Policy; Copyright Complaints
7. Prohibited Conduct and Content
8. Intellectual Property
9. Changes to Terms
10. Third Party Content
11. Indemnification
12. Disclaimer
13. Limitation of Liability
14. Dispute Resolution; Binding Arbitration
15. Governing Law
16. Severability
17. General
18. Contact Information

This website including all sub-sites (collectively, “Sites”), are 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, 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 14 BELOW, REQUIRES THAT DISPUTES BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN JURY TRIALS, ANY OTHER COURT PROCEEDINGS, CLASS ACTIONS, OR CLASS‑WIDE OR CONSOLIDATED ARBITRATION 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 providers, 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 the 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 are not intended for distribution to, or use by, any person or entity in any state, country, territory, or other jurisdiction listed on any sanctions list, trade embargoes or similar measures (“Sanctions”) maintained by the U.S. Office of Foreign Assets Control, the U.S. Department of State, the European Union, the United Nations, the Canadian government, the UK government, or any other relevant governmental Sanctions authority or where such distribution or use would be contrary to applicable law. You represent and warrant that you are not a citizen or resident of any such jurisdiction and that you will not use any of the products and services referred to on the Sites while located in any such jurisdiction. You also may not use the products and services if you are located in, or a citizen or resident of, any other jurisdiction where we have determined, at our discretion, to prohibit use of the products and services. We may implement controls to restrict access to such prohibited products or services from any such jurisdiction. You will comply with this paragraph even if our methods to prevent use of any products or services are not effective or can be bypassed.

4. Your Account

If you create a digital account in connection with the use of the Sites or our services, you are responsible for providing accurate account information and promptly updating this information if it changes. You are also responsible for maintaining the confidentiality of your account information and password, protecting and restricting access to such information, and notifying us if you discover or suspect that someone has accessed your account without your permission. 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. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.

5. User Content

By submitting feedback, ideas, comments, questions or suggestions (“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. In addition, you waive any so‑called “moral rights” or rights of privacy or publicity in the Feedback. 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, links, 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, fully‑paid, 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 or downloaded by you or a third party, or for any loss or damage related thereto. Neither is the Company responsible for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. If you see something on the Sites that you think violates the Terms, please email privacy@mhccna.com. Enforcement of the User Content or conduct rules set forth in these Terms is solely at our discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances.

6. Repeat Infringer Policy; Copyright Complaints

In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on the Sites infringes any copyright that you own or control, you may notify our designated agent as follows:
Designated Agent: General Counsel
Address: One Pierce Places, Suite 1100, Itasca IL 60143
Telephone Number: 1‑888‑374‑7132
E‑Mail Address: legal@mhccna.com
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on the Sites is infringing, you may be liable to us for certain costs and damages.

7. Prohibited Conduct and Content

You will not violate any applicable law, contract, intellectual property right or other third‑party right or commit a tort, and you are solely responsible for your conduct while using the Sites. In addition, you will not:

• Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
• Use or attempt to use another user’s account without authorization from that user and us;
• Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
• Sell or resell the Sites;
• Copy, reproduce, distribute, publicly perform or publicly display all or portions of the Sites, except as expressly permitted by us or our licensors;
• Modify the Sites, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon the Sites;
• Use the Sites other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Sites or that could damage, disable, overburden or impair the functioning of the Sites in any manner;
• Reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Sites;
• Attempt to circumvent any content‑filtering techniques we employ or attempt to access any feature or area of the Sites that you are not authorized to access;
• Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from the Sites;
• Develop or use any applications that interact with the Sites without our prior written consent;
• Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
• Bypass or ignore instructions contained in our robots.txt file; or
• Use the Sites for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

You may also post or otherwise share only User Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content that is unlawful, infringes rights, contains private information without consent, includes malware, or is otherwise objectionable in our sole judgment.

8. Intellectual Property

All content, features, and functionality on this website, including but not limited to text, graphics, logos, icons, images, illustrations, photographs, 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. Except as explicitly stated in these Terms, all rights in and to such material are reserved by us or our licensors. 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 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. Mitsubishi HC Capital America, Mitsubishi HC Capital Canada, and Mitsubishi HC Capital Canada Leasing and our logos, product or service names, slogans and the look and feel of our Sites are Mitsubishi HC Capital trademarks and may not be copied, imitated or used, in whole or in part, without our prior written permission. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

9. Changes to Terms

The Company reserves the right to modify these Terms or the Sites 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 or changes to the Sites. We are not responsible for any loss or harm related to your inability to access or use the Sites.

10. Third Party Content

The Sites may contain links to internet Sites maintained by third parties or references to third‑party products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise. This information is provided solely for convenience and does not constitute or imply endorsement, sponsorship or recommendation by us. You assume sole responsibility for use of third‑party links.

11. Indemnification

To the fullest extent permitted by applicable law, 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 (“Claims”) that arise from or relate to: (i) your access to or use of the Service; (ii) your User Content or Feedback; (iii) your breach of these Terms or any representation, warranty or covenant made by you in these Terms; (iv) your violation of any applicable law, statute, ordinance, regulation or of any third party’s rights (including intellectual property rights or privacy rights); (v) your conduct in connection with the Service; or (vi) claims asserted by third parties which, if proven, would place you in breach of representations, warranties, covenants or other provisions contained in these Terms. You agree to cooperate with us in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, reasonable attorneys’ fees). You also agree that we will have control of the defense or settlement, at our sole option, of any third‑party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us.

12. Disclaimer

YOU AGREE THAT YOUR USE OF, AND RELIANCE ON ANY CONTENT, ADVICE, OR INFORMATION OBTAINED FROM OR THROUGH THE SITES IS AT YOUR OWN SOLE RISK. THE SITES 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, RELIABILITY, CURRENTNESS, OR COMPLETENESS OF THE CONTENT OF THE SITES; AND (II) ANY WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT REPRESENT, WARRANT, OR GUARANTEE: (1) THAT THE SITES OR EMAILS SENT FROM OR ON BEHALF OF THE COMPANY ARE OR WILL BE FREE OF INFECTION BY MALICIOUS CODE; OR (2) THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED OR ERROR‑FREE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. 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 SITES OR ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH, OR DOWNLOADED FROM THE SITES. 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 SITES. NOTHING IN THESE TERMS SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS. THE TOTAL LIABILITY OF THE COMPANY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE GREATER OF THE AMOUNT PAID BY YOU TO USE THE SITES OR $100.

The limitations set forth in this Section 13 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of the Company or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

14. Dispute Resolution; Binding Arbitration

No Representative Actions. You and the Company agree that any dispute arising out of or related to these Terms or the Sites is personal to you and the Company and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

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 (“ARBITRATION RULES”). 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.

You and the Company agree that these Terms affect interstate commerce and that the enforceability of this Section 14 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the Arbitration Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

The arbitrator, the Company, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

You and the Company agree that for any arbitration you initiate, you will pay the filing fee and we will pay the remaining arbitration fees and costs. For any arbitration initiated by us, we will pay all arbitration fees and costs. You and the Company agree that the state or federal courts of the State of Illinois and the United States sitting in Cook County, Illinois have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

Any claim arising out of or related to these Terms or the Sites must be filed within one hundred eighty (180) days after such claim arose; otherwise, the claim is permanently barred.

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 14 by sending an email to legal@mhccna.com. In order to be effective, the opt‑out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 15. If any portion of this Section 14 is found to be unenforceable or unlawful for any reason: (a) the unenforceable or unlawful provision will be severed from these Terms; (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 14 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 14; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 14 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 14 will be enforceable.

15. 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. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Illinois and the United States, respectively, sitting in Cook County, Illinois.

16. Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

17. General

To the fullest extent possible under the law, these Terms constitute the entire agreement between the Company and you with respect to the subject matter hereof, and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter. Notwithstanding any other provisions of these Terms, Sections 1, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, this 17, and 18 survive any expiration or termination of these Terms. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third‑party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. These Terms may not be transferred, assigned or delegated by you, by operation of law or otherwise, without our prior written consent, and any attempted transfer, assignment or delegation without such consent will be void and without effect. We may freely transfer, assign or delegate these Terms or the Sites, in whole or in part, without your prior written consent.

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.

18. Contact Information

If you have any questions about these Terms, please contact us at legal@mhccna.com.

Effective Date: January 26, 2026

© Mitsubishi HC Capital America, Inc. / All Rights Reserved