Terms of Service

Last Updated: 4 JANUARY 2025

Welcome to FundFive ("we," "us," or "our"). By accessing or using our website, software, and services (collectively, the "Services"), you agree to be bound by these Terms of Service (the "Terms"). Please read them carefully.

1. Acceptance of Terms

By accessing or using our Services, you agree to comply with and be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms, you must not use our Services.

2. Changes to Terms

We reserve the right to modify these Terms at any time. Any changes will be effective when we post the updated Terms on our website. Your continued use of our Services after any changes indicates your acceptance of the revised Terms.

3. Accounts

To access certain features of our Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account and for all activities that occur under your account.

4. Use of Services

You agree to use our Services only for lawful purposes and in accordance with these Terms. You must not use our Services:

  • In any way that violates any applicable local, state, national, or international law or regulation.

  • For the purpose of exploiting, harming, or attempting to exploit or harm minors.

  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent.

  • To impersonate or attempt to impersonate FundFive, a FundFive employee, another user, or any other person or entity.

5. Intellectual Property

All content and materials available through our Services, including but not limited to software, text, graphics, logos, and images, are the property of FundFive or its licensors and are protected by intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content or materials without our express written permission.

6. Software License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our software solely for your personal or internal business use. You may not sublicense, distribute, or otherwise make the software available to third parties.

7. User Content

You retain ownership of any content you upload, post, or otherwise make available through our Services ("User Content"). By making User Content available through our Services, you grant us a worldwide, royalty-free, perpetual, and non-exclusive license to use, reproduce, modify, adapt, publish, and distribute such User Content in connection with operating and providing our Services.

8. Prohibited Activities

You agree not to:

  • Engage in any activity that disrupts or interferes with our Services or servers.

  • Attempt to gain unauthorized access to any portion of our Services or any other systems or networks connected to our Services.

  • Use any automated system, including but not limited to robots, spiders, or data mining tools, to access our Services.

9. Termination

We may terminate or suspend your access to our Services immediately, without prior notice or liability, if you breach these Terms or if we believe your actions are detrimental to our Services or other users.

10. Disclaimer of Warranties

Our Services are provided on an "as-is" and "as-available" basis. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our Services will be uninterrupted or error-free.

11. Limitation of Liability

To the fullest extent permitted by law, FundFive and its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of our Services, whether based on warranty, contract, tort, or any other legal theory.

12. Indemnification

You agree to indemnify, defend, and hold harmless FundFive and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses arising out of or related to your use of our Services or your violation of these Terms.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the North Carolina and the United States of America, without regard to its conflict of law principles. Any disputes arising from or relating to these Terms or your use of our Services shall be resolved in the courts located in North Carolina.

14. Miscellaneous

  • Entire Agreement: These Terms constitute the entire agreement between you and FundFive regarding the use of our Services and supersede all prior agreements and understandings.

  • Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

  • No Waiver: Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

15. Contact Us

If you have any questions or concerns about these Terms or our Services, please contact us at:

FundFive
PO Box 16673
Wilmington, NC 28408
contact@fundfive.com