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Home Agreements Terms of Use

Terms of Use

Effective Date: April 7, 2024

Introduction

This is a legal agreement between you and Ridgepeak Capital ("Ridgepeak Capital," "we," "us," or "our"). By accessing this website, along with any sub-sites of this website (collectively referred to as the "Site"), and/or utilizing any of the Services (as defined below) available through the Site, you become a user and consent to, and are bound by, the terms and conditions of this agreement and the Ridgepeak Capital Privacy Policy (collectively, "Terms") for the duration of your use of the Site or Services.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS OR USE THE SITE OR SERVICES.

Your engagement with, or participation in, certain Services may be subject to additional terms, and such terms will either be enumerated within these Terms or presented to you for your acceptance when you sign up to utilize such Services or purchase such products. It is recommended that you periodically review these Terms for any modifications, as we reserve the right, in our sole discretion, to amend, alter, add, or remove segments of these Terms. Your continued use of the Site following the announcement of amendments signifies your acceptance of and agreement to such changes.

As employed in these Terms: "Ridgepeak Capital" includes "ridgepeakcapital.com," "Ridgepeak Capital," "we," "us," and variants such as "our." "Service" encompasses the products, services, and software that you order, receive, or access as part of your engagement with Ridgepeak Capital's Sites.

THESE TERMS MANDATE THAT ANY DISPUTES BETWEEN YOU AND RIDGEPEAK CAPITAL MUST BE RESOLVED IN BINDING ARBITRATION, THAT YOU WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, AND STIPULATE THAT THE LAWS OF THE STATE OF NEW YORK GOVERN ALL INTERACTIONS BETWEEN YOU AND RIDGEPEAK CAPITAL. YOU HAVE THE OPTION TO OPT OUT OF ARBITRATION AND THE CLASS ACTION WAIVER BY ADHERING TO THE PROCEDURES OUTLINED IN SECTION 10 BELOW.

1. Description of Services

Ridgepeak Capital offers a variety of business services (the "Services") accessible through the Site. Ridgepeak Capital reserves the right to discontinue any part of our Services at any time.

Marketplace Services. Ridgepeak Capital connects qualified small business owners with active banks, credit unions, and other lending and commercial funding sources (the "Marketplace Services"). Ridgepeak Capital aids business owners in identifying the type of business funding and specific business Funders that may offer the business an opportunity to prepare for and secure a business funding solution.

Other Services. Ridgepeak Capital may introduce additional products and services over time, and these Terms of Use will govern those additional services.

2. Use of Site and Service

As a user of the Site or a user registered to use any of the Services (a "Registered User"), you agree to the following:

Exclusive Use. Your account is intended solely for your use, catering to your business requirements. You are prohibited from allowing others to use your account, and you may not assign or transfer your account to any other individual or entity. You acknowledge that Ridgepeak Capital is not liable for third-party access to your account resulting from theft or misappropriation of your user names and passwords.

Information Submitted. You bear full responsibility for, and assume all liability for (i) the information and content you provide through your use of the Site and any Services, (ii) the information and content you make available in any capacity through the service, and (iii) your interactions with any and all third parties. Any attempts to enter information that creates a duplicate account will be rejected, and your account may be placed on hold.

Risk Assumption and Precautions. You assume all risk when using the Services, including but not limited to all risks associated with any interactions with third parties, including but not limited to any lenders you are matched, referred, or provided with.

No Guarantees. Ridgepeak Capital cannot ensure it will provide matches for every individual or business seeking to utilize the Services. Ridgepeak Capital does not guarantee the number of matches or the suitability of the business funding for any individual or business employing the Services.

No False Information. You commit to providing accurate, current, complete, and truthful information. Should Ridgepeak Capital ascertain that the information provided is incomplete, fraudulent, false, or otherwise not accurate, Ridgepeak Capital reserves the right to terminate your access to the Services.

Legal Purpose. You agree to use the Site or Services strictly for lawful purposes, in compliance with federal, state, and local laws.

Business Purpose. You agree to utilize the Site or Services exclusively for legitimate business purposes, refraining from using the Site or Services for personal, family, or household reasons. You shall not use the Site or Services to gather information about or make decisions concerning anyone other than yourself and/or your business.

3. Intellectual Property Rights

Ownership of Proprietary Information. You acknowledge and agree that Ridgepeak Capital is the owner of all rights to the Site and Services, which are protected by federal, state, and local laws and regulations. You are allowed to use the Site and Services strictly as authorized by these Terms. Unauthorized copying, reproduction, distribution, creation of derivative works, reverse engineering, or reverse compilation of any of the Site or Services or technology is prohibited.

No Use of Confidential Information. You are prohibited from posting, copying, modifying, transmitting, disclosing, displaying in public, creating derivative works from, distributing, making commercial use of, or reproducing in any form any (i) confidential information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Site or Services without prior written consent from the owner of such proprietary rights.

License to Provided Content. By submitting information or content to any account or public area of the Site or Service, you automatically grant, and you represent and warrant that you have the right to grant, to Ridgepeak Capital and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to create derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

4. Links to Third-Party Websites

The Site and Services may feature links to websites belonging to third parties, including without limitation, advertisers, which are not under the control of Ridgepeak Capital. Ridgepeak Capital is not responsible for the content of any linked website or for any link contained within a linked site, nor for any modifications or updates to such sites. These links are provided to you for convenience, and the inclusion of any link does not imply endorsement by Ridgepeak Capital nor does Ridgepeak Capital accept any responsibility for the content found on such third-party sites.

Your interactions, business dealings, or participation in promotions of advertisers or third parties encountered on or through the Site or Services are entirely between you and such advertiser or third party. You agree that Ridgepeak Capital shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site or Services. For more information on how we use your information, please review our Privacy Policy.

5. Disclaimer of Warranty

No Warranties. THIS SECTION IS ENFORCED TO THE FULLEST EXTENT PERMITTED BY LAW. Ridgepeak Capital offers the Services on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind, whether express, implied, statutory, or otherwise concerning the Services or the Site (including all information contained therein), including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Ridgepeak Capital does not warrant that your use of the Services will be secure, uninterrupted, always available, error-free, or will meet your requirements, or that any defects in the Services will be corrected. Ridgepeak Capital disclaims liability for, and no warranty is made with respect to, the connectivity and availability of the Services.

Third-Party Content. Opinions, advice, statements, offers, or other information or content made available through the Site or Services, but not directly by Ridgepeak Capital, belong to their respective authors and should not necessarily be relied upon. Such authors are solely responsible for their content. RIDGEPEAK CAPITAL DOES NOT: (i) guarantee the accuracy, completeness, or usefulness of any information provided on the Services, or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by parties other than Ridgepeak Capital. UNDER NO CIRCUMSTANCES WILL RIDGEPEAK CAPITAL BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR SERVICES, OR TRANSMITTED TO OR BY ANY USERS.

Beta Features. Periodically, Ridgepeak Capital may introduce new "beta" features or tools on the Site or Services for experimental purposes without any kind of warranty, and these may be modified or discontinued at Ridgepeak Capital's sole discretion.

6. Limitation of Liability

Incidental Damages and Aggregate Liability. IN NO EVENT SHALL RIDGEPEAK CAPITAL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING FROM OR RELATED TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, INTERRUPTIONS IN SERVICE, AND THE PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF RIDGEPEAK CAPITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL RIDGEPEAK CAPITAL'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THESE TERMS OR THE USE OF THE SERVICES OR SITE, EXCEED THE AMOUNT PAID BY YOU FOR YOUR ACCOUNT OR SUBSCRIPTION, OR, IF YOU HAVE NOT PAID RIDGEPEAK CAPITAL FOR THE USE OF ANY SERVICES, THE AMOUNT OF USD $25.00 OR ITS EQUIVALENT.

No Liability for Non-Ridgepeak Capital Actions. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL RIDGEPEAK CAPITAL BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES.

Information Verification. Ridgepeak Capital and its contractors may employ various methods to verify the information that users provide. However, these methods are not perfect, and you agree that Ridgepeak Capital and its contractors shall not be liable to you for any inaccuracies in verified information.

7. Indemnification

You agree to indemnify, defend, and hold harmless Ridgepeak Capital, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney fees) related to or arising from (i) your use of or inability to use the Site or Services, (ii) any user postings made by you, (iii) your breach of any provision of these Terms or your violation of any rights of a third party, or (iv) your violation of any applicable laws, rules, or regulations. Ridgepeak Capital reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Ridgepeak Capital in asserting any available defenses.

8. User Information

Privacy Policy. For details about the collection and potential use of information and materials provided by you, please consult the Ridgepeak Capital Privacy Policy. By utilizing the Site or the Services, you consent to the terms outlined in the Privacy Policy.

Disclosure by Law. You acknowledge and agree that Ridgepeak Capital may disclose information you provide if required to do so by law, upon a third party's request, or if we, at our sole discretion, determine disclosure is justified to (i) adhere to legal requirements, law enforcement requests, or legal processes (regardless of whether such disclosure is mandated by applicable law); or (ii) safeguard or defend Ridgepeak Capital's, or a third party's, rights or property.

Information Security. We are dedicated to protecting Ridgepeak Capital and our users from unauthorized access to, or unauthorized alteration, disclosure, or destruction of information in our possession. Specifically: we employ industry-standard encryption for many of our services; our information collection, storage, and processing practices are regularly reviewed, alongside our physical security measures, to prevent unauthorized system access; and access to personal information is strictly limited to Ridgepeak Capital employees, contractors, and agents who require that information to process it on our behalf, and who are bound by strict contractual confidentiality commitments.

Use of Anonymous Information for Research. By using the Site and/or Services, you consent to allow Ridgepeak Capital to use the information from you and your experiences with the Services anonymously to further Ridgepeak Capital's research into successful business practices and to enhance the Services.

License Regarding Your Content. While you maintain all ownership interest in and to the content you provide to the Site or as part of your use of the Services, submitting your content, including personal and business information, grants Ridgepeak Capital a perpetual, non-exclusive, irrevocable, royalty-free license to reproduce, adapt, edit, modify, translate, publish, transfer, and/or distribute your content. This license also allows Ridgepeak Capital to make your content accessible to other reputable entities, organizations, and/or individuals with whom Ridgepeak Capital maintains a business relationship for the purpose of fulfilling Service obligations.

9. Restrictions

You are prohibited, and will make all necessary efforts to ensure that any third parties also refrain from: using the Services as a money services business, money transmitter, payment intermediary, aggregator, or service bureau, or from reselling the Services in any manner; using the Services on behalf of a third party in any capacity; abusing the Services in any manner; using the Service in breach of any other agreement you may have; creating a product or service similar to the Service through the use of or access to the Service; violating any law, regulation, or rule through the use of the Service; using the Service to engage in or facilitate any fraudulent activity; using the Services in any manner not authorized by Ridgepeak Capital; or using the Service for personal bank accounts.

10. Dispute Resolution by Binding Arbitration

Please contact our Client Engagement team with any concerns by utilizing the Contact page on this Site. Any disputes and claims between us that cannot be resolved by our Client Engagement team will be resolved in accordance with this dispute resolution provision.

To resolve disputes between you and Ridgepeak Capital efficiently and cost-effectively, both you and Ridgepeak Capital agree that either party, at any time, may opt to adjudicate their disputes through binding arbitration instead of in courts of general jurisdiction ("Agreement to Arbitrate"). Arbitration is less formal than court litigation. It involves a neutral arbitrator instead of a judge or jury, limits discovery, and is subject to very limited court review. Arbitrators can award the same damages and relief as a court can. Any arbitration under these Terms will occur on an individual basis; class arbitrations and class actions are not allowed.

You acknowledge and agree that the arbitrator may only award relief (including monetary, injunctive, and declaratory relief) in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's claim(s). Any awarded relief cannot affect other users.

YOU FURTHER AGREE AND UNDERSTAND THAT ALL DISPUTES, WHETHER PRESENTED IN COURT OR THROUGH ARBITRATION, MUST BE CONDUCTED ON AN INDIVIDUAL BASIS, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION TO RESOLVE ANY DISPUTE THAT YOU MAY HAVE WITH RIDGEPEAK CAPITAL.

YOU UNDERSTAND THAT BY ENTERING INTO THIS AGREEMENT, YOU AND RIDGEPEAK CAPITAL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

(a) Claims to Be Resolved by Binding Arbitration

You and Ridgepeak Capital agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to: claims arising out of or related to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before these or any prior Terms; claims currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of these Terms.

(b) Exceptions

Despite Section 10(a), you and Ridgepeak Capital agree that no statement herein shall be deemed to waive, preclude, or otherwise limit either party's right to (i) pursue enforcement actions through appropriate federal, state, or local agencies; (ii) seek injunctive relief in any competent court of law; or (iii) file suit in a court of law to address intellectual property infringement claims.

(c) Arbitrator

Any arbitration between you and Ridgepeak Capital will be governed by the Commercial Dispute Resolution Procedures (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and administered by the AAA. The AAA Rules and filing forms are available at www.adr.org or by calling the AAA at 1-800-778-7879.

(d) Fees

If you initiate arbitration in accordance with these Terms, Ridgepeak Capital will, upon your request, reimburse you for your payment of the arbitration filing fee, unless your claim exceeds $10,000. In such instances, the payment of fees will be determined according to the AAA Rules. If the arbitrator deems that the claims you have presented in the arbitration are frivolous or for an improper purpose (as defined by the standards in Federal Rule of Civil Procedure 11(b)), you will be required to reimburse Ridgepeak Capital for all arbitration fees it paid on your behalf that you would otherwise be responsible for under the AAA Rules.

(e) Notice and Process

Prior to initiating arbitration, a party must send the other party a written Notice of Dispute ("Notice") via certified mail. The Notice to Ridgepeak Capital must be mailed to: Ridgepeak Capital, Attn: Legal, 200 13th Ave, Suite 16A-1, Ronkonkoma, NY 11779 ("Notice Address"). The Notice needs to (a) describe the nature and basis of the claim or dispute; and (b) outline the specific relief being sought ("Demand"). If you and Ridgepeak Capital fail to reach an agreement to resolve the claim within 30 days following the receipt of the Notice, either you or Ridgepeak Capital may commence arbitration proceedings.

For claims of $10,000 or less, you have the option to decide if the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or via an in-person hearing as specified by the AAA Rules. Should an in-person arbitration hearing be necessary, it will be held at a mutually agreed upon location in Nassau County, New York. The arbitrator is tasked with issuing a reasoned written decision that clearly articulates the critical findings and conclusions on which the decision and award, if any, are based.

(f) No Class Actions

Unless you and Ridgepeak Capital agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. YOU AND RIDGEPEAK CAPITAL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

(g) Opt-Out

If you are a new Ridgepeak Capital user, you have the option to reject the arbitration agreement detailed in this Section 10 ("opt-out") by mailing a written opt-out notice ("Opt-Out Notice"). The Opt-Out Notice must be postmarked no later than thirty (30) days after the date you accept these Terms for the first time. The Opt-Out Notice should be mailed to the Notice Address specified in Section 10(e). The Opt-Out Notice must include your full name, address, and the user name(s), email address(es), and phone number(s) linked to the Ridgepeak Capital account(s) for which the opt-out is requested. For the Opt-Out Notice to be valid, you must personally sign it.

(h) Modifications

Should Ridgepeak Capital implement any future modifications to this Agreement to Arbitrate (apart from changes to the Notice Address), you have the right to decline any such amendment by forwarding written notice to us within 30 days of the modification to the Notice Address provided above.

(i) Severability and Enforceability

Should an arbitrator or court determine that any component of this Section 10 is void or unenforceable, the remaining segments of this Section 10 will remain in effect. If this entire Section 10 is deemed unenforceable, then the parties agree that the exclusive jurisdiction and venue outlined in Section 12 will preside over any actions stemming from or associated with these Terms.

11. Telephone Communications and Agreement to be Contacted

Call Recording and Monitoring. You acknowledge that telephone calls to or from Ridgepeak Capital, its agents, and affiliates, may be monitored and recorded, and you consent to such monitoring and recording.

Providing Telephone Numbers and Other Contact Information. You affirm that any contact information provided to Ridgepeak Capital, including, but not limited to, your name, mailing address, email address, residential or business telephone number, and/or mobile telephone number, is accurate and truthful. You confirm that you are the present subscriber or owner of any telephone number that you provide. Should any of your contact information change, you agree to immediately notify us before the change goes into effect by replying STOP to any text message from us or notifying us via email at [email protected].

Your Consent to Receive Automated Calls/Texts. You acknowledge that by voluntarily providing your telephone number(s), you explicitly consent to receive artificial voice messages, prerecorded voice communications, and/or autodialed calls and text messages (such as SMS, MMS, or future protocols or technologies) from Ridgepeak Capital, and third parties acting on its behalf, concerning promotions, your account, any application or transaction, and/or your relationship with Ridgepeak Capital. You acknowledge and agree that automated calls or text messages may be made to your telephone number(s) even if your telephone number(s) is listed on any state or federal Do Not Contact registry. You understand that agreeing to receive automated promotional communications is not a prerequisite for purchasing any goods or services or for account creation.

Opt-Out Instructions. Your consent to receive automated communications, including calls and texts, is entirely voluntary. You have the option to opt out at any time. To opt out of text messages, reply STOP to any text message you receive from us. For assistance, you may also text HELP. You acknowledge and agree to accept a final text message confirming your opt-out. Alternatively, you can email [email protected] with a request to opt out. Please allow up to thirty (30) days for the processing of any opt-out requests.

Fees and Charges. There is no fee to receive automated telephone calls or text messages from Ridgepeak Capital. Nonetheless, you may incur charges for these calls or text messages by your telephone carrier, which is your sole responsibility. Message and data rates may apply. Check your telephone service plan and contact your carrier for details.

Unauthorized Use of Your Telephone Device. You are obligated to notify Ridgepeak Capital promptly regarding any security breach or unauthorized use of your telephone device. While Ridgepeak Capital will not be liable for losses stemming from any unauthorized use of your telephone device, you may be liable for losses we incur as a result of such unauthorized use.

Your Indemnification Obligation. You agree to indemnify Ridgepeak Capital for any privacy, tort, or other claims, including claims under the Federal Telephone Consumer Protection Act or its state law equivalents, including claims relating to your voluntary provision of a telephone number not owned by you and/or your failure to update us with changes in your contact information, including telephone number. You agree to indemnify, defend, and hold us harmless from and against any and all such claims, losses, liabilities, costs, and expenses (including reasonable legal fees). We retain the exclusive right to select legal representation, at your expense, to defend against such claims.

Release of Claims. In consideration of the services provided by Ridgepeak Capital, you hereby release Ridgepeak Capital from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities, or other harmful outcomes arising from or associated with telephone communications or text messages. This includes, but is not limited to, claims based on any alleged violations of the law (including, without limitation, the Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule, Fair Debt Collection Practices Act, or any similar state and local acts or statutes, as well as any federal or state tort or consumer protection laws).

General Responsibilities. You are responsible for obtaining and maintaining all telephone devices, software, and other equipment, as well as all internet service providers, mobile service, and any other services required to receive calls and text messages. Text messaging services may be restricted to certain carriers and compatible devices. Your responsibilities outlined in this section shall continue even after the termination of these Terms.

Text Messaging Terms. By opting in to Ridgepeak Capital's Text Message Service ("SMS Service"), you authorize and agree to permit Ridgepeak Capital to utilize autodialer or non-autodialer technology for sending text messages to the mobile phone number linked with your opt-in. You grant Ridgepeak Capital permission to include marketing content in any such messages. Opting in is not a prerequisite for any purchase or service. You may receive up to 15 messages per month. You can cancel the SMS service at any time by texting "STOP" to the phone number or shortcode. For help, reply HELP or contact [email protected]. Carriers are not liable for messages that are delayed or not delivered. For privacy concerns, review our Privacy Policy.

12. General Provisions

Governing Law and Jurisdiction. You consent that the laws of New York (without regard to its conflict of laws principles) shall govern these Terms, the Website, and the Services, and that any dispute arising from or in connection to these Terms, the Website, or the Services shall be subject to the exclusive jurisdiction and venue of the federal and state courts in Nassau County, New York. You acknowledge and concur that any breach of these Terms could cause Ridgepeak Capital irreparable damage, thus you agree that Ridgepeak Capital will have the right to seek extraordinary relief in court, including but not limited to, temporary restraining orders, preliminary injunctions, and permanent injunctions without the requirement of posting a bond or other security, in addition to and without limiting any other rights or remedies that Ridgepeak Capital may possess for a breach of these Terms.

These Terms, which you accept upon registration for the Services, the Privacy Policy available on the Site, and any applicable payment, renewal, additional service terms, constitute the entire agreement between you and Ridgepeak Capital regarding the use of this Service, replacing any previous agreements between you and Ridgepeak Capital related to your use of this Site or Services. Unless explicitly stated otherwise, the Terms will persist beyond the termination of your registration to the Service. The failure of Ridgepeak Capital to act upon or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is found to be invalid, the remainder of the Terms shall continue in full force and effect. Notwithstanding any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

13. Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks (whether registered or not), logos, sounds, artwork of any kind, and computer code (collectively, "Content"), including but not limited to the design, structure, coordination, selection, appearance, and arrangement of the Content, present on the Site is owned by Ridgepeak Capital and is safeguarded by trade dress, copyright, trademark, and other proprietary laws and laws against unfair competition. Any improper use of the Content will be at your risk, and Ridgepeak Capital will take all legal actions necessary to enforce and safeguard the Content.

14. Confidentiality

We commit to implementing all reasonable measures to safeguard your account and account information, but we cannot guarantee the security of any information you disclose. This includes your sharing of account information to any third party, including but not limited to employees, contractors, vendors, suppliers, etc., associated with your business. You accept and understand that maintaining the security of your data is your responsibility. Your use of the Services is further regulated by our Privacy Policy.

15. Notification of Terms of Use Modifications

We reserve the right to amend these Terms of Use to accommodate changes in our business practices and the ways we interact with you. Should there be any substantial adjustments, we will inform you via email (dispatched to the email address listed in your account) or through an announcement on this Website. We advise you to review this section periodically for the most current details on our Terms of Use. Any updates to these Terms of Use will be indicated by updating the revision date located at the beginning of this document.

16. Term and Termination

This agreement becomes effective upon your acceptance of the Terms through your use of the Site or Services and will continue indefinitely unless terminated under the provisions herein. Ridgepeak Capital has the authority to terminate your account at any time, with or without cause, and without the need for explanation, taking effect upon written notice to you. Ridgepeak Capital also holds the right to immediately suspend or cease your access to any of the Services, without notice, for any reason or no reason. Furthermore, we maintain the discretion to retain your account information or data within our Services and any other records indefinitely to adhere to legal and regulatory obligations. Should your access to any of the Services be suspended due to a breach of these Terms, you acknowledge that any fees paid to Ridgepeak Capital will be nonrefundable, and all due or impending payments will become immediately due. Sections 10 and 11 shall survive any termination of this Agreement.

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Products offered by Ridgepeak Capital and affiliates are business funding products only. The products may be provided by third parties and subject to lender approval. All financial products and services are presented without warranty. When evaluating offers, please review the financial institution's Terms and Conditions carefully.

1Completing our business funding application and submission to our funding partners will not affect your personal credit score. However, depending on the funding product, accepting an offer may result in a hard inquiry.

2The time it takes to receive funding varies by product and can be as quick as 24 hours, though it may take longer in some cases.