Terms and Conditions
1. Eligibility
You may use the Service only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.
By accessing the Services, you represent that you are 18 years of age or older. Any use of or access to the Service by anyone under 18 is strictly prohibited and constitutes a violation of this Agreement. Your profile will be deleted, and your access to the Services may be terminated without notice if Red Growth Capital LLC believes in its sole discretion that you are under 18 years of age. The Service is not available to any users previously removed from the Service by Red Growth Capital LLC.
Red Growth Capital LLC does not tolerate discrimination or any action having a discriminatory or discouraging impact on any basis prohibited under applicable law, including, but not limited to, race, sex (including childbearing capacity), sexual orientation, gender identity or expression, military or veteran status, disability, HIV or AIDS status, national origin, ancestry, creed, religion, familial status, marital or civil union status, political affiliation, receipt of pension benefits, receipt of child support, receipt of public assistance, the use or nonuse of a spouse’s surname, age (provided the applicant has the capacity to contract), or any other basis that has no economic basis. In addition, all lenders and funders using Red Growth Capital LLC’s platform to provide small business financing must comply with our anti-discrimination policy and applicable state and federal laws.
2. Accounts
You are solely responsible for the activity that occurs in your account, and you must keep your account information up to date and your computer or mobile device secure. You must notify Red Growth Capital LLC immediately of any change in any of your information and documents uploaded onto our platform, or in the case of a breach of security or unauthorized use of your account. You accept sole responsibility for all activities using the Service and may never use another user’s account. Red Growth Capital LLC will not be liable for any inaccuracies contained in your personal or account information or related to the use of your account.
3. Limitations on Use
You acknowledge that the Service is subject to certain limitations and may not be available in your jurisdiction. Red Growth Capital LLC does not offer small business financing in jurisdictions where it is prohibited by law. Small business financing may also be subject to certain limitations on a state-by-state basis. You also agree to access and use all Services relating to small business financing in accordance with our Business Finance Terms.
You will not use the Services for any unauthorized or unlawful purpose. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “bots,” “robots,” “spiders,” “offline readers,” etc., to access the Service (except that Red Growth Capital LLC grants the operators of public search engines revocable permission to use spiders to copy materials from red360capital.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at Red Growth Capital LLC’s sole discretion, an unreasonable or disproportionately large load on Red Growth Capital LLC’s infrastructure; (vi) uploading invalid data, viruses, worms, or other destructive code or software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on the use of the Service or the content therein.
Red Growth Capital LLC may, without prior notice, change the Service; stop providing the Service or features of the Service to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if, in Red Growth Capital LLC’s sole determination, you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
Red Growth Capital LLC makes no representations that the Service is appropriate or available for use in jurisdictions other than the United States. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations. You may not use the Services if you are a resident of a country embargoed by the United States or are a foreign person or entity blocked or denied by the United States government.
4. Privacy
Red Growth Capital LLC cares about user privacy. By using the Website or any Services, you consent to the collection, use, and disclosure of your personally identifiable information, and to have your personally identifiable information collected and used by Red Growth Capital LLC and its subsidiaries as provided in our Privacy Policy.
By providing Red Growth Capital LLC your email address and/or phone number, you consent to Red Growth Capital LLC using the email address and/or phone number for calls or text (SMS) messages to send you notices related to the Services, including any notices required by law, in lieu of communication by postal mail. Red Growth Capital LLC may also use your email address and/or phone number for calls or text (SMS) messages to send you advertisements or telemarketing messages relating to the Services (which consent may be revoked by written notice to Red Growth Capital LLC), in each case as set out in our Privacy Policy.
5. Services
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your internal business use only and as permitted by the features of the Service, including Services relating to any Request for Funding (“Business Finance Services”). Red Growth Capital LLC reserves all rights not expressly granted herein in the Service and the Red Growth Capital LLC Content (as defined below). Red Growth Capital LLC may terminate this license at any time for any reason or no reason. Red Growth Capital LLC may include commercial opportunities or content in any product, services, image, or webpage.
If you wish to access case studies, financial calculator tools, the Newsletter, or simply browse Red Growth Capital LLC Site, no prior registration is required. However, if you wish to use any other Services, including without limitation the business funding and credit Dashboard, Business Finance Service, or participate in Community features, you must in all such cases register with Red Growth Capital LLC.
Through its online and mobile digital platform, Red Growth Capital LLC offers small business financing products through it’s direct funding company and third-party lenders and funders.
6. Proprietary Rights
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “Red Growth Capital LLC Content”), and all intellectual property rights related thereto, are the exclusive property of Red Growth Capital LLC and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any Red Growth Capital LLC Content. Use of the Red Growth Capital LLC Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
7. User Content
The Website may contain messaging features that allow users to post, blog, submit, publish, display, or communicate with Red Growth Capital LLC or other users (hereinafter, “post”) content or materials (collectively, “User Content”).
Any User Content you post to the Service will be considered non-confidential and non-proprietary. By providing any User Content on the Site, you grant Red Growth Capital LLC and its licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material. You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you bear full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. Red Growth Capital LLC reserves the right, but has no obligation, to monitor communications between you and other users. Red Growth Capital LLC shall have no liability for your interactions with other users, nor is Red Growth Capital LLC responsible for the content or accuracy of any User Content posted by you or any other user on the Site.
You may choose, or Red Growth Capital LLC may invite you, to submit comments or ideas about the Services, including without limitation how to improve the Service or Red Growth Capital LLC products (“Suggestions”). By submitting any Suggestion, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place Red Growth Capital LLC under any legal obligation, and that we are free to use the Suggestion without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You hereby waive any rights in and to any suggestions, ideas, or comments you may provide to Red Growth Capital LLC relating to the Website or any Services. You further acknowledge that, upon acceptance of your Suggestion, Red Growth Capital LLC will exclusively own all rights (including all intellectual property rights) therein relating to the Services.
8. Indemnity
You agree to defend, indemnify, and hold harmless Red Growth Capital LLC and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of any of your information or any that is sent/submitted via your account; or (vi) any other party’s access and use of the Service with your unique username or other appropriate security code.
9. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Red Growth Capital LLC, its affiliates, agents, directors, employees, subsidiaries, suppliers, or licensors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, or inability to use, this Service. Under no circumstances will Red Growth Capital LLC be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the service or your account or the information contained therein.
To the maximum extent permitted by applicable law, Red Growth Capital LLC assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; (vii) user content or the defamatory, offensive, or illegal conduct of any third party; and/or (viii) losses arising from the use of your account. In no event shall Red Growth Capital LLC, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding $1,000.00.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Red Growth Capital LLC has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
10. No Warranty
By using our Services, including submitting an application for small business financing, you expressly acknowledge and agree that Red Growth Capital LLC does not represent, warrant, or guarantee that you will qualify for or obtain a business funding or other business funding product. In addition, Red Growth Capital LLC does not represent, warrant, or guarantee that you will qualify for or obtain a business funding or other business funding product in the amount requested or at all. In all cases, credit, lending, and funding decisions are made only by the funder at its sole discretion.
The Services are provided on an “as is” and “as available” basis and, to the maximum extent permitted by applicable law, they are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Red Growth Capital LLC, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable, or correct; that the Services will meet your requirements; that the Services will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Services is downloaded at your own risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Services.
Red Growth Capital LLC does not warrant, endorse, guarantee, or assume responsibility for any product or service offered by a third party, and Red Growth Capital LLC will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
11. Disclaimer
You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of Red Growth Capital LLC on Red Growth Capital LLC servers. You agree that Red Growth Capital LLC has the absolute right to manage, regulate, control, modify, and/or eliminate any such data as it sees fit in its sole discretion, in any general or specific case, and that Red Growth Capital LLC will have no liability to you based on its exercise of such right. All data on Red Growth Capital LLC’s servers are subject to deletion, alteration, or transfer. Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, account history, and account content residing on Red Growth Capital LLC’s servers, may be deleted, altered, moved, or transferred at any time for any reason in Red Growth Capital LLC’s sole discretion, with or without notice and with no liability of any kind.
Red Growth Capital LLC does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on Red Growth Capital LLC’s servers.
12. Governing Law
You agree that: (i) the Service shall be deemed solely based in the United States of America and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than the United States of America. This Agreement shall be governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidenced a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). You agree to submit to the personal jurisdiction of the federal and state courts located in Harris County, Texas for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Harris County, Texas is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
13. Arbitration
Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Red Growth Capital LLC. For any dispute with Red Growth Capital LLC, you agree to first contact us at
and attempt to resolve the dispute with us informally. In the unlikely event that Red Growth Capital LLC has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding individual arbitration. The arbitration will be conducted in Harris County, Texas, unless you and Red Growth Capital LLC agree otherwise. Nothing in this Section shall be deemed as preventing Red Growth Capital LLC from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights, or other proprietary rights.
14. Class Action/Jury Trial Waiver
With respect to all persons and entities, regardless of whether they have obtained or used the Service for personal, commercial, or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action, or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this Agreement, you and Red Growth Capital LLC are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
15. Notification Procedures and Changes to the Agreement
Red Growth Capital LLC may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Red Growth Capital LLC in our sole discretion. Red Growth Capital LLC reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt-out of certain means of notification as described in this Agreement. Red Growth Capital LLC is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Red Growth Capital LLC may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.
16. Severability
This Agreement, together with any amendments and any additional agreements you may enter into with Red Growth Capital LLC in connection with the Service, shall constitute the entire agreement between you and Red Growth Capital LLC concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
17. No Waiver; No Assignment
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Red Growth Capital LLC’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Red Growth Capital LLC without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
18. Contact
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