Welcome to the website of FifthVenture a financing company making it easier for small businesses to get the capital they need.

These Terms of Service (“Terms”) apply to your access and use of the website (“Site”) and other online products and services (collectively, the “Services”) of FifthVenture.

ACCEPTING THESE TERMS

BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL OF THE TERMS BELOW. Please read all of the terms before you use the Services. If a term does not make sense to you, please let us know. If you don’t agree to all of the terms below, you may not use the Services.

MODIFICATIONS

We reserve the right to change these Terms from time to time. For example, we may need to change these Terms if we come out with a new feature. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we will provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review these Terms periodically to stay informed about our practices.

Whenever we make changes to these Terms, they are effective when the revised Terms are posted unless we notify you otherwise. If you continue to use the Services after the revised Terms have been posted, then you will be deemed to have accepted the changes to these Terms.

PRIVACY POLICY

For information about how we collect, use and share information about users of the Services, please see our Privacy Policy.

DESCRIPTION OF THE SERVICES

Through the Services, you can apply for a loan. The approval of any loan is in our sole discretion. If your loan application is approved by us, you will need to review and agree to our loan agreement and all of its terms. After you agree to the loan agreement, we will deposit the amount approved into the bank account you provide to us, and we will set up a daily payment to be withdrawn from your bank account until the loan, with interest, is repaid. With regards to any loan that FifthVenture may approve and provide to you, if there is any discrepancy between these Terms and the loan agreement you agree to with us, the terms of the loan agreement will control.

For more information about the Services, please visit Business Financing.

CREATING ACCOUNTS

When you create an account you must maintain the security of your password and accept all risk that someone may access your account without your permission. If you discover or suspect any security breaches of the Services, please let us know as soon as possible. You represent and warrant to us that all information that you provide in connection with your account is accurate, truthful, current and complete. FifthVenture reserves the right to deny any account at our discretion.

RIGHT TO USE THE SERVICES

On the condition that you fully comply with these Terms, FifthVenture grants you a limited, nonexclusive, non-transferable and revocable license to access and use the Services for your own personal, non-commercial use.

Except as expressly authorized by these Terms, you may not (a) modify, disclose, alter, translate or create derivative works of the Services, (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Services, (c) disassemble, decompile or reverse engineer any of the software components of the Services, (d) copy, frame or mirror any part of the Services, (e) interfere with or disrupt the integrity or performance of the Services, or (f) attempt to gain unauthorized access to the Services or its related systems or networks.

PROHIBITED USE OF THE SERVICES

You may not post or otherwise make available on or through the Services any of the following:

• Private information of any other persons that you do not have permission to disclose (including names, email addresses, phone numbers, Social Security numbers and financial information);
• Content that is libelous, defamatory, abusive, offensive or hateful;
• Content that is obscene, pornographic, indecent or sexually explicit, depicts graphic, excessive or gratuitous violence;
• Content that is illegal, harmful or offensive or that would encourage, solicit, foster, glorify or provide instructions for any criminal or civil offense;
• Content that may infringe, misappropriate or violate any intellectual property rights, rights of privacy, rights of publicity or any other rights of others;
• Viruses, corrupted data or other harmful, disruptive or destructive files or code;
• Content that, in our judgment, is objectionable, may restrict or inhibit another from enjoying the Services or may expose FifthVenture or users of the Services to harm or liability of any type; and/or
• Content that you are contractually or legally required to keep confidential.

Also, you may not do any of the following in connection with the Services or other users:

• Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services;
• Collect any personal information about other users;
• Intimidate, threaten, stalk, bully or otherwise harass other users;
• Post spam or commercial messages through the Services;
• Create an account if you are not over 18 years of age;
• Use the Services for any illegal or unauthorized purpose or to engage in, encourage or promote any activity that is unlawful or that violates these Terms; or
• Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Services, its users, or third parties.

Your use of the Services is at your own risk. FifthVenture is not responsible or liable for the conduct of, or your interactions with, any other users (whether online or offline) or for any related damage or harm.

REPORTING AND REMOVAL

Users of the Services may report content to FifthVenture that they think violates these Terms, and FifthVenture may remove such content, suspend or terminate the account of the user who posted or otherwise made available such content and/or take additional action to enforce these Terms against such user.

Also, in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, FifthVenture has adopted a policy of terminating, in appropriate circumstances and at FifthVenture’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. FifthVenture may also at its sole discretion limit access to the Services or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

 

 

FEEDBACK

Any suggestions, comments or other feedback you give us about the Services (the “Feedback”) will constitute our confidential information. We are free to use, disclose, reproduce, license, distribute and exploit this Feedback as we see fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise.

DISCLAIMERS

EXCEPT AS REQUIRED OTHERWISE OF FifthVenture BY APPLICABLE LAW, THE SERVICES AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM AND EXCLUDE ANY AND ALL OTHER WARRANTIES, CONDITIONS, AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), AND ALL OTHER TERMS WHICH MAY BE IMPLIED INTO THESE TERMS BY LAW, WITH RESPECT TO THE SERVICES AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES.

LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL EXPANSION BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROPERTY, OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICES, AND/OR THIRD-PARTY SERVICES OR MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF FifthVenture HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
FOR ANY LOSS OR DAMAGE THAT IS NOT EXCLUDED UNDER THESE TERMS, THE TOTAL LIABILITY OF EXPANSION AND ITS DIRECTOR, EMPLOYEES, AGENTS, AFFILIATES AND INVESTORS WILL NOT EXCEED $100.

INDEMNIFICATION

You will defend, indemnify, and hold us harmless from and against any actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to any conduct with respect to the Services or violation (or alleged violation) of these Terms or the rights of any third party by you or any person using your FifthVenture account.

CHANGES TO THE SERVICES

FifthVenture reserves the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the Services and/or any features, information, materials or content on the Services with or without providing notice to you. FifthVenture will not be liable to you or any third party for any changes or discontinuance of the Services or any part of the Services.

CONSENT TO ELECTRONIC COMMUNICATIONS

By using the Services, you agree that we may communicate with you electronically regarding your use of the Services and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us.

ELECTRONIC SIGNATURES

By using the Services, you agree that your electronic signature on agreements and other documents has the same legal and moral effect as if you signed such agreements and documents in ink and will be deemed valid, authentic, enforceable and binding and that such electronically signed documents shall be deemed originals.

SUSPENSION AND TERMINATION

FifthVenture may suspend or terminate your rights to access or use the Services for any reason or for no reason at all and with or without notice at FifthVenture’s discretion. All of the terms of these Terms (excluding the license grant) will survive any termination or suspension.

GOVERNING LAW; ARBITRATION

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH FifthVenture AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM FifthVenture.

 

 

GENERAL

Enforcement of these Terms is solely at FifthVenture’s discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable (including the warranty disclaimers and liability limitations above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect. The section headings of these Terms are for reference purposes only and will not affect the meaning or interpretation of these Terms.
These Terms (and the other policies and terms referred to above) make up the entire agreement between you and us regarding the Services, and they supersede any prior agreements that may have been made.

CONTACT US

If you have any questions about these Terms, please email us at
 

NOTICE FOR CALIFORNIA USERS

If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the address above with your electronic mail address and a request for these Terms. Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.