Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE.

These Terms of Use describe the terms and conditions applicable to your use of this web site of Hercules Capital, Inc. (together with it subsidiaries and affiliates, "Hercules") located at www.htgc.com (this "Web Site"). By accessing and using this Web Site, you assent to and agree to be bound by these Terms of Use. If you do not agree to all of these Terms of Use, do not use this Web Site.

Hercules may modify this Web Site and these Terms of Use at any time. Modifications will be posted on this Web Site, so please check back when you use this Web Site. By continuing use of this Web Site after such changes are posted, you will be deemed to have accepted such changes.

NOTICE: Hercules accepts applications for commercial loans only. The proceeds of any loan received from Hercules shall not be used for consumer purposes. If you are seeking a consumer loan, please do not use this Web Site.

SCOPE OF USE

Hercules invites you to view, use and download a single copy of this Web Site for your informational, non-commercial use to evaluate whether to enter into a business relationship with Hercules. Such use shall not constitute a commercial use for the purposes hereof. Except as otherwise provided in these Terms of Use, no part of any content, information or software on or comprising this Web Site may be copied, downloaded or stored in a retrieval system for any other purpose or redistributed in any form or manner for any purpose without the express prior written permission of Hercules. You understand that Hercules may discontinue, change or restrict your use of this Web Site for any reason without notice.

By using this Web Site, you represent that you are at least 18 years old and are a United States resident or an entity incorporated and headquartered in the United States. If not, do not use this Web Site.

HERCULES COLLECTS INFORMATION ON, FROM AND WITH RESPECT TO USERS OF THIS WEB SITE WHO VOLUNTARILY SUBMIT SUCH INFORMATION THROUGH THIS WEB SITE, ALONG WITH WEB SITE USAGE INFORMATION. HERCULES WILL TREAT ALL SUCH INFORMATION, AS WELL AS QUESTIONS, COMMENTS AND ANY OTHER FEEDBACK ABOUT THIS WEB SITE, AS NON-CONFIDENTIAL AND MAY REPRODUCE, USE, DISCLOSE, AND DISTRIBUTE SUCH ITEMS OR INFORMATION WITHOUT NOTICE OR OBLIGATION TO THE ORIGINATOR, USER OF THIS WEB SITE OR OTHER PERSON WITH RESPECT TO WHICH SUCH INFORMATION RELATES.

HERCULES MAKES NO ASSURANCE, COMMITMENT OR GUARANTY TO EXTEND CREDIT TO OR ENTER INTO ANY BUSINESS TRANSACTION WITH ANY USER OF THIS WEB SITE. YOUR USE OF THIS WEB SITE OR SUBMISSION OF INFORMATION TO HERCULES, INCLUDING APPLICATIONS, BY OR THROUGH THIS WEB SITE, DO NOT CREATE OR RESULT IN ANY LEGALLY BINDING OBLIGATION, CONTRACT OR AGREEMENT ON, BY OR WITH RESPECT TO HERCULES OR ANY OF ITS AFFILIATES.

NO WARRANTIES

ALL CONTENT, INFORMATION AND SERVICES AVAILABLE ON OR THROUGH THIS WEB SITE ARE PROVIDED TO YOU ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT OR NON-INFRINGEMENT.

HERCULES MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, COMPLETENESS, RELIABILITY OR TIMELINESS OF ANY CONTENT OR INFORMATION AVAILABLE ON OR THROUGH THIS WEB SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY SUCH INFORMATION AND CONTENT BEFORE RELYING ON IT. USE OF THIS WEB SITE AND THE CONTENT, INFORMATION AND SERVICES AVAILABLE ON OR THROUGH THIS WEB SITE IS SOLELY AT YOUR RISK.

HERCULES MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEB SITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL CONTENT. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT, INFORMATION OR SERVICES YOU MAY OBTAIN FROM OR THROUGH THIS WEB SITE IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY

YOUR USE OF THIS WEB SITE OR ANY CONTENT, INFORMATION OR SERVICES AVAILABLE ON OR THROUGH THIS WEB SITE IS AT YOUR OWN RISK. HERCULES SPECIFICALLY DISCLAIMS, FOR ITSELF AND ITS EMPLOYEES, AFFILIATES AND AGENTS, ANY AND ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO ACCESS TO, USE OF OR INABILITY TO USE THIS WEB SITE, ITS CONTENT OR INFORMATION OR THE SERVICES OBTAINED THROUGH USE OF THIS WEB SITE, EVEN IF HERCULES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PERSON OR ENTITY ON ANY CONTENT, INFORMATION OR SERVICES AVAILABLE ON OR OBTAINED THROUGH THE USE OF THIS WEB SITE OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THIS WEB SITE OR VIRUSES OR OTHER HARMFUL COMPONENTS, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS OR CHANGES TO THIS WEB SITE, OR RELATED INFORMATION OR PROGRAMS OR OTHERWISE.

COPYRIGHT

This Web Site is protected by U.S. and foreign copyright laws. Copyright in the pages, screens, text and images appearing on this Web Site is owned by Hercules or its licensors unless otherwise specifically noted. Except for your informational, non-commercial use as authorized in the "Scope of Use" section above, you may not modify, reproduce, use, disclose or distribute without Hercules' prior written permission (a) the design or layout of this Web Site, (b) individual sections of the design or layout of this Web Site, (c) content, information or software available on or through this Web Site, or (d) Hercules' logos, trademarks or service marks.

TRADEMARK

Hercules, Hercules Capital, and the Hercules logo are trademarks of Hercules Capital, Inc.  All rights reserved. 

All other trademarks herein are the property of their respective owners.

LINKS

Links to other web sites operated by other persons or entities are included as a convenience to you. Hercules makes no representation regarding the content, information or accuracy of any other web site which you may access through this Web Site. Hercules is not responsible for the services, information, software, content, products or advice found on or through other web sites which are linked or accessed from this Web Site. When you access any such linked web sites, your rights and obligations will be governed by the agreement, if any, and policies that apply to the use of those web sites. The existence of these links on this Web Site does not imply endorsement or recommendation or sponsorship for or of any such linked web sites or the services, information, software, content, products or advice described on or found on or through those linked web sites. The views, opinions, statements, offers or other information, services, software, content, products or advice expressed in or through those other linked web sites are those of the respective author(s) or distributor(s) of such linked web site and not of or attributable to Hercules. While Hercules tries to make clear when you are linking to another web site, you can double check which web site you are in by looking at the URL in your browser's address field to determine if you have moved from this Web Site to a linked web site. If the URL does not contain www.htgc.com, you are no longer in this Web Site.

Unless otherwise set forth in a written agreement between you and Hercules, you may not link any other web site or any information, content or software to this Web Site or any part or page of this Web Site or otherwise display this Web Site or any part or page of this Web Site within a "frame" on any other linking web site.

EMPLOYMENT OPPORTUNITIES

Hercules is committed to the principles of equal employment opportunity. Applicants are considered for all positions without regard to race, sex, sexual orientation, color, religion, national origin, age, disability (so long as such disability can be reasonably accommodated) or any other status protected by applicable law.

E-MAIL

E-mail submissions (including but not limited to resumes and financing and credit applications) over the Internet may not be secure and are subject to risk of interception by third parties. Please consider this fact before e-mailing any personal or confidential information or submitting a resume or application by e-mail.

LOCATION & GOVERNING LAW & MISCELLANEOUS

These terms and conditions shall be governed and construed in accordance with the laws of the State of California, without regard to conflict-of-laws provisions. To the maximum extent possible, the parties agree that the body of law known as the Uniform Computer Information Act will apply to these Terms of Use and your use of the Web Site. Hercules makes no representation or warranty that the information in this Web Site is appropriate or available for use in other locations, and access to this Web Site from territories where the content of this Web Site may be illegal or prohibited. If you access this Web Site from other locations, you do so, on your own initiative and you are responsible for compliance with applicable local laws. Hercules disclaims any responsibility for compliance with any such laws in such circumstances. These Terms of Use and all documents incorporated herein by reference constitute the entire agreement between Hercules and you with respect to this Web Site. In the event any portion of these Terms of Use or any other provision of this Web Site is determined to be unenforceable, invalid or void by a court of competent jurisdiction, the remaining provisions shall remain valid and enforceable without any effect on their validity and enforceability.

VIOLATIONS AND ADDITIONAL POLICIES

Hercules reserves the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in these Terms of Use or elsewhere in this Web Site, including the right to block access from a particular Internet address to this Web Site. You acknowledge that any violation of the rules and regulations set forth in these Terms of Use or elsewhere in this Web Site will cause irreparable injury to Hercules and remedies at law may be inadequate to protect Hercules against any such actual or threatened breach. You agree to the granting of equitable relief, including injunctive relief and specific performance, in Hercules' favor without posting bond or the need to prove actual damages. Any such equitable remedy shall not be deemed to be the sole and exclusive remedy of Hercules hereunder but shall be in addition to all other remedies available to Hercules at law or in equity.

No failure or delay by Hercules in exercising any right, power or privilege under these Terms of Use will operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise of any right, power or privilege hereunder. No provision of these Terms of Use can be waived or amended except by the written consent of Hercules.

These Terms of Use are binding on any and all users of this Web Site.