Terms of Service

Updated 14 December 2017

1. Acceptance of the Terms of Service

Welcome to findventuredebt.com, a site owned and operated by Find Venture Debt LLC (a.k.a. "we" or "us" or "Find Venture Debt" or the "Company").

We are excited to have you as a user of the website. The following terms and conditions (collectively, these "Terms of Service") apply to your use of www.findventuredebt.com, including any content, functionality and services offered on or via findventuredebt.com (the "Website"). The Terms of Service also include our Privacy Policy, that you can review here: https://www.findventuredebt.com/privacy-policy

We want to keep our relationship with you as lean and informal as possible, but please read the Terms of Service carefully before you start using findventuredebt.com, because by using the Website you accept and agree to be bound and abide by these Terms of Service.

Should you disagree with some of the provisions herein, you can either leave the Website (although we'll be sad to see you go!), or contact us at bbaker@findventuredebt.com. Findventuredebt.com matches you with various potential lenders to meet your business needs, and we'll be happy to hear your comments and suggestions.

2. Changes to the Terms of Service and the Website

Findventuredebt.com is a work in progress, meaning that a lot could change in the near future. We reserve the right to update the Website and these Terms of Service ("TOS") from time to time, at our discretion.

Your continued use of the Website following the publishing of updated Terms of Service means that you accept and agree to the changes.

3. Accessing the Website, Security and Privacy

We are frequently improving findventuredebt.com, but we can't guarantee that the Website will be up and running 24/7. We also reserve the right to suspend or restrict access to some features to users. In any case, we will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period, nor for any data loss (see also section 7 below).

To access certain features of the Website you may have to register by entering your email and choosing a password as part of our security procedures. You must treat such information as confidential, not disclosing it to any third party and only using findventuredebt.com in person. There is a password reset procedure in case you forget your password, but please notify us of any breach of security. We highly recommend to choose a strong password (e.g. "countling56forth9sixers") and that you log out from your account at the end of every session.

It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. In the future, you may be asked to provide certain registration details or other information. As custom for internet websites, we reserve the right to disable any user account, at any time in our sole discretion for any or no reason, including, if in our opinion you have failed to comply with any provision of these Terms of Service.

We may or may not use SSL encrypted browsing for logged-in users, but we cannot guarantee that all use will be secure. We also do not guarantee that the Website or any content provided on the Website is error free. We manage your personal data according to our Privacy Policy.

4. Intellectual Property Rights and Use Guidelines

The Website and its original content, features and functionality (including look!), are owned by Find Venture Debt LLC and are protected by United States copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree to not copy, modify, create derivative works of, publicly display, publicly perform, republish, any of our copyrighted material, except to the extent permitted by the Website itself. If you have doubts about whether and how to use of material on the Website, please address your concerns to: bbaker@findventuredebt.com.

For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, links, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Website. For the purposes of these Terms of Service, “Content” also includes all User Content (as defined below).

All Content added, created, uploaded, submitted, distributed, or posted to the Website by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Website is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Website is or will continue to be accurate.

By submitting public User Content through the Website, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Website and our (and our successors’ and assigns’) businesses, including without limitation for making content available to other trusted companies, organizations, and/or individuals with whom Find Venture Debt LLC has a business relationship in order to carry out the performance of the Services.  As part of its performance of the Services, Find Venture Debt LLC may (i) transmit or distribute your information over various public networks and in various forms; and (ii) make necessary changes to your content in order to perform its obligations.

You are permitted to use the Website for your personal, non-commercial use, or legitimate business purposes, provided that your activities are lawful and in accordance with these Terms of Service. Prohibited uses include violation of laws and regulations, hacking the Website in any manner, or violating the Content Standards set below. No right, title or interest in or to the Website or any content on the site is transferred to you, and all rights not expressly granted are reserved. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and can lead to account termination.

We encourage your feedback, in the form of reviews, comments, and suggestions or recommendations for modifications, improvements or changes to the Services or the Site that you may choose in your sole discretion to provide us from time to time (“Feedback”). When you provide Feedback, you grant us, under all right, title and interest in and to the Feedback, a non-exclusive, royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use that Feedback or to incorporate it into the Website or other products or services.

The Website may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Website.

4. Links to Third-party Sites or Content

Your use of hyperlinks on the Site is at your own risk. We provide hyperlinks to other locations on the Internet for information and convenience purposes only. No endorsement of third party web sites or content is implied. We are not responsible for the content of any other web sites or pages linked to or from the Website. We have not verified the content of any such web sites, or pages. It is recommended that you view the linked Website's terms or privacy policy pages to understand how use of that Website may affect you.

We are not responsible for the accuracy, timeliness or the continued availability or the existence of content, hyperlinks, or third party web sites or pages linked to the Website. Links to downloadable software Sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.

5. Communication

We may use your email address to send you messages notifying you of important changes to the Services or special offers. Further, we may contact you by telephone if you provide us with your telephone number, in order to communicate with you regarding the Services. If you do not want to receive such email messages or telephone calls, please refer to our Privacy Policy to review your options.

 

6. User Contributions and Content Standards. Special Disclaimer for Advisory Content

Findventuredebt.com may contain user generated content, message boards, personal web pages, forums or other interactive features that allow you to upload, post, submit, publish, display or transmit to other Users Content on or through the Website. All User Content must be lawful, not spammy, and clear of virus or other malware. More specifically, but without limiting the foregoing, it must comply with the following Content Standards:

·      Not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

·      Not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

·      Not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.

·      Not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service.

·      Not be likely to deceive any person.

·      Not promote any illegal activity, or advocate, promote or assist any unlawful act.

·      Not cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

·      Not be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.

·      Not involve commercial activities or sales , such as contests, sweepstakes and other sales promotions, barter or advertising.

·      Not give the impression that they emanate from us or any other person or entity, if this is not the case.

·      Not used, if public, as test empty documents with no actual content, or typing exercises: please respect our community and help us minimize the clutter!

7. Disclaimer of Warranties and Indemnification

Your use of findventuredebt.com is at your sole risk. The service is provided "as is" and "as available". We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the Website, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney's fees) arising from (i) your use of or inability to use the Site or Services, (ii) any user postings made by you, (iii) your violation of any terms of these Terms or your violation of any rights of a third-party, or (iv) your violation of any applicable law. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Website. Because the Website is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party's property or information.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIND VENTURE DEBT LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES.

 

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FIND VENTURE DEBT LLC EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID FIND VENTURE DEBT LLC, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

 

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT FIND VENTURE DEBT HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL FIND VENTURE DEBT LLC BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES.

9. Securities Statement

Find Venture Debt LLC makes no representations, warranties or other guarantees of any kind as to the accuracy, completeness or timeliness of any price quotes, nor do we make any representations, warranties or other guarantees of any kind as to the present or future value or suitability of any sale, trade or other transaction involving any particular security or any other investment of any kind. You understand that we are not a broker or dealer in securities, and not an investment or financial advisor. You are solely responsible for your investment research. Prior to undertaking any securities transaction, you should consult a broker or other financial advisor with respect to the price, suitability, value or other aspects of any stock, mutual fund, security or other investment.

10. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of North Carolina.

11. Waiver and Severability

Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Find Venture Debt LLC and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

12. Feedback

We welcome any comment, question and communication at bbaker@findventuredebt.com.