FundinguCapital Terms and confitions

Website Terms and Conditions of Use

This website (including all sub-sites) is operated by Fundingucapital, LLC or a subsidiary or affiliate thereof (collectively, “Fundingucapital,” “we,” or “us”). By accessing a Fundingucapital website, mobile application, interface, or platform (collectively, “Site” or “Sites”) that links to this Terms of Use Agreement ( the “Terms of Use” or “Agreement”), you agree to abide by this Agreement and by our Privacy Policy ( which is hereby incorporated by reference), regardless of the device used (e.g., personal computer, mobile device, or any other technology or software) for access. These Terms of Use govern your access to, and use of, the Sites and any of the tools, features, functionality, services, or products offered on or through the Sites, including your access to information and data; your use of any web portal, customer account, sales partner account, syndicate investor account, or online services; your submission of application and/or provision of information for qualification for financing or other purposes; your subscription to blogs, newsletters, and alike; and your participation in any public areas on the Sites (collectively, the ”Services”).

In addition to these Terms of Use and the Privacy Policy, certain of our services offered through the Sites, such as your ability to submit requests for commercial revenue-based financing and related services, will be subject to, and governed by, separate terms and conditions or contracts that will be provided to you, and that you must agree to, in connection with those requests or transactions. To the extent there is a conflict between these Terms of Use and a transaction-specific agreement, the transaction-specific agreement will govern.

PLEASE READ THESE TERMS OF USE CAREFULLY TO UNDERSTAND EACH PROVISION. THIS CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND FUNDINGUCAPITAL FOR THE USE OF THE SERVICES AND THE TERMS OF USE SHALL APPLY TO ALL USERS OF THE SITES. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITES, SERVICES, AND/OR CONTENT.

We may update these Terms of Use from time to time by making available a revised, dated version on the Sites. If the revised version includes a substantial change, we will provide a more prominent notice (including, for certain services, an email or other type of notification of Terms of Use changes) prior to the change becoming effective. Your continued use of the Sites shall constitute your acceptance of such updated Terms of Use. We encourage you to periodically review this page for the latest information.

  1. USE OF SITES You may view and use the Sites and/or any of the information or Services only in accordance with these Terms of Use. You agree to use the Sites and/or Services only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability as determined by applicable law. The Sites are for individual business owners and legal entities organized and authorized to do business in the United States and are not intended for use by others or for use outside of the United States. To access certain features of the Site, 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 revenue-based financing, and/or otherwise using the Sites, you represent and warrant that: (i) you are 18 years old or older and are fully able to enter into a binding agreement; (ii) all information and/or documentation you submit is true, accurate, current, and complete; (iii) you will update such information, as necessary, to keep it true, accurate, current, and complete; and (iv) 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.

Fundingucapital reserves the right, at its sole discretion, to restrict in whole or in part, your access to, and use of, the Sites, Services, and Site content at any time, with or without notice, and for any or no reason.

  1. PROHIBITIONS ON USE You agree that you will not violate any law, contract, intellectual property, or other third party right, and that you are solely responsible for your conduct, while accessing or using the Sites or using the Services. As noted above, the Sites and Services may only be used for lawful purposes and in accordance with this Agreement. Additionally, you specifically agree that you will not: • Provide false or misleading information to Fundingucapital, impersonate any person or entity, or misrepresent your affiliation with a person or entity; • Use the Site in any manner that violates any federal, state, international, or local law or regulation, or engage in, facilitate, encourage, or promote any activity that violates the Terms of Use; • Use the Site in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Site, or that could damage, disable, overburden, or impair the functioning of the Site in any manner; • Reverse engineer any aspect of the Site, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Site; • Use the Site in any matter that could threaten, bypass, or destroy any security mechanism used with or incorporated in the Site; • Post or otherwise transmit any content, data, or material that contains viruses, spyware, spiders, robots, worms, Trojan horses, logic bombs, or any other type of malicious or deleterious programs; • Use or attempt to use another user’s account without authorization from such user and Fundingucapital; • Post or otherwise transmit inaccurate, misleading, deceptive, offensive, lewd, hateful, defamatory, libelous, abusive, illegal, discriminatory, or otherwise inappropriate or objectionable content; • Post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other material that contains business solicitations of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service; and • Post or otherwise transmit any content, data, or material that infringes on the intellectual property rights or other personal rights (including privacy) of any third parties.

  2. ACCOUNT SECURITY Each user is responsible for any misuse of his or her account, even if the inappropriate activity was committed by someone other than the account holder (i.e., his or her family member, friend, or employee). Therefore, each user must take all reasonable steps to protect his or her account from unauthorized access. In addition, no user may access his or her account to breach the security of any other user’s account or attempt to gain unauthorized access to another server or network. As such, each user must always ensure the security of his or her password, including without limitation, by not sharing it with others for any reason, creating passwords that are hard to guess, and updating passwords on a regular basis. Fundingucapital reserves the right to terminate your access to the Sites or cancel your username and password at any time, without notice, and for any reason including, without limitation, your violation of these Terms of Use.

  3. OWNERSHIP, COPYRIGHTS, TRADEMARKS, LICENSES Except for User Content (as defined below), any and all information, materials, images, software, photographs, articles, functions, text, and other content solely provided by or on behalf of Fundingucapital on any Site (collectively, “Site Content”) is the sole and exclusive property of Fundingucapital or our licensors, as applicable. The Sites, Site Content, and the selection and arrangement thereof, are protected by copyright, trademark, service mark, trade name, and other intellectual property and other proprietary rights, and all other applicable rights are reserved, and users shall abide by those laws. Fundingucapital reserves all rights not expressly granted in and to the Sites, Services, and the Site Content. Unless otherwise noted, the Fundingucapital trademark, the Fundingucapital name, Fundingucapital abbreviation and all other Fundingucapital service marks, trade names, logos or other designations of source displayed on the Sites are the property of Fundingucapital, and may not be copied, imitated, or used, in whole or in part, without Fundingucapital’s prior written permission. All third-party trademarks, service marks, trade names, logos, or other designations of source are the property of their respective owners, and may not be copied, imitated, or used, in whole or in part, without the permission of the lawful trademark holder. By furnishing Site Content, Fundingucapital does not grant any licenses to, or transfer any title rights for, any copyrights, patents, or any other intellectual property rights. Nothing on any Site shall be construed as granting any license or right not expressly set forth herein. Unless otherwise expressly stated herein, no part of the Site, including any Site Content, may be reproduced, modified, electronically transmitted, or otherwise copied or exploited for any purpose whatsoever without the express written permission of the intellectual property owner.

  4. USER CONTENT All information or other content conveyed or communicated by you to Fundingucapital as a contribution to any of the Sites (each, a “Submission”) shall comply with these Terms of Use and, upon receipt, will become property of Fundingucapital . Fundingucapital will not be required to treat any Submission as confidential and will not be liable for the use of any ideas (including without limitation, any product, service, or advertising ideas) and shall not incur any liability as a result of any similarities that may appear in future Fundingucapital operations. Without limitation, Fundingucapital will have exclusive ownership of all current and future rights to any Submission. Fundingucapital may use and disclose any Submission to third parties in any way and for any purpose, without compensation or attribution to you. To the extent that a court holds any Submission or other communication to be a “work made for hire” under any applicable law, any and all rights, including without limitation, copyright, therein shall be deemed to have been transferred to Fundingucapital. Fundingucapital shall have no obligation to return any Submission. Fundingucapital may (but shall not be obligated to) monitor, review, and evaluate submissions before or after they appear on the Sites, or we may choose to exclude, decline, or remove any submissions at any time, for any reason, at Fundingucapital ‘s sole discretion. As a user, you hereby represent and warrant that any Submission: (i) shall be true, accurate, current, and complete; (ii) does not violate any law, agreement, or confidentiality obligation; (iii) does not infringe, misappropriate or violate any rights of third party (including without limitation, any patent, copyright, trademark, privacy, or other personal or proprietary right); (iv) does not contain viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines; (v) and (vi) does not contain any content that is unlawful, illegal, offensive, discriminatory, threatening, violent, defamatory, or otherwise inappropriate, as determined by Fundingucapital in its sole discretion.

  5. PROVISION OF INFORMATION To enable you to use certain aspects of the Sites, we may be required to collect and/or process information about you and your use of the Sites. You are solely responsible for the accuracy and truthfulness of any information provided to Fundingucapital by you or on your behalf. You agree that Fundingucapital may use and disclose information provided by you as provided in the Privacy Policy, and these Terms of Use, including but not limited to, using your information to inform you about Fundingucapital and third-party services and products, from time to time.

  6. THIRD PARTY CONTENT AND LINKS The Sites may contain content provided by third parties, including, without limitation, links to third party websites or resources (collectively, “Third Party Content”). We do not control, endorse, or adopt any Third Party Content and make no representations or warranties of any kind regarding the Third Party Content, including without limitation, regarding its accuracy or completeness. You acknowledge and agree that we are not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content at their own risk.

  7. DISCLAIMER OF WARRANTIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITES, SERVICES, AND SITE CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FUNDINGUCAPITAL DOES NOT WARRANT THAT THE SITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITES OR SERVICES WILL BE CORRECTED, OR THAT THE SITES OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FUNDINGUCAPITAL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITES, SERVICES, OR SITE CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

  8. LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FUNDINGUCAPITAL OR ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF FUNDINGUCAPITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE SITES, SERVICES, OR SITE CONTENT; (B) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITES OR SERVICES; (C) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITES, SERVICES, OR SITE CONTENT; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES OR SERVICES; OR (F) ANY OTHER MATTER RELATING TO THE SITES, SERVICES, OR SITE CONTENT. IN NO EVENT SHALL FUNDINGUCAPITAL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITES OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  9. INDEMNIFICATION You agree to indemnify, defend, and hold harmless Fundingucapital and its affiliates, and their respective officers, directors, employees, agents, and representatives from and against any and all losses, damages, liabilities, costs (including reasonable attorneys’ fees), or other expenses arising out of or relating to (a) your use of, or activities in connection with, the Sites, Services, or Site Content; (b) any violation of these Terms of Use by you; (c) any allegation that any Submission or other content you make available or create through the Sites infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other intellectual property or other rights of any third party; or (d) your violation of any rights of any Site visitor, user, or other third party.

  10. GOVERNING LAW These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state or federal courts located in Delaware and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

  11. MISCELLANEOUS If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these Terms of Use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use, including the Privacy Policy incorporated herein by reference, constitute the entire agreement between you and Fundingucapital with respect to the use of the Sites and Services, superseding any prior agreements between you and Fundingucapital relating to your use of the Sites or Services.

Please contact us at [email address] with any questions regarding these Terms of Use.