Profile icon
Navigation menu

Enduring Planet Terms of Use

Last updated December 6th, 2021

  1. What This Is & Who We Are

These Terms of Use (the “Terms of Use” or “Terms”) define the relationship between Enduring Planet (the “Company” or “we” or “us”) and you, the person accessing our website located at www.enduringplanet.com  (the “Site”) and registering for our services (“you” or “your”). If you are accepting these Terms on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. Persons seeking consumer financing or consumer loans are forbidden. Persons under age 13 are forbidden from registering for and/or utilizing the Services (defined below). You may use the services only in compliance with these Terms and all applicable laws and regulations. These policies do not cover our relationship with companies in which we’ve already invested; the agreements between us and these companies cover those cases.

We may amend these Terms of Use at any time by posting the revised Terms of Use on the Site. Registered users of the Services will be notified by email (at their last known email address) of any material change(s) to these Terms. We may terminate these Terms of Use at any time by suspending or terminating access to the Site and/or Services and/or notifying you. You can see when these Terms of Use were last revised by referring to the “Updated” legend above. Your continued use of the Site or Services after we have posted revised Terms of Use signifies your acceptance of such revised Terms of Use. No amendment or modification of these Terms of Use will be binding unless in writing and signed by our duly authorized representative or posted to the Site by our duly authorized representative.

Services

By using the Site, businesses seeking capital are provided with information regarding prospective funding opportunities for such businesses based on their specified interest and the information provided to us (the “Services”). In its current form, the Site allows you to provide certain information so that we may contact you and evaluate such applications. We reserve the right to modify or change our Site or any of the Services, temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Site or any Services. You acknowledge and agree that we shall not be liable to you or any third party in the event that we exercise our right to modify, change or discontinue the Site.

Agreement with Respect to Terms of Use

These Terms of Use constitute a legally binding agreement between Enduring Planet and you. You are responsible for regularly reviewing these Terms of Use. You acknowledge that you have read these Terms of Use, and accept, understand and will be bound by such terms and conditions. You further acknowledge that these Terms and Conditions, together with the Privacy Policy (as defined below) and terms governing any individual Web page, represent the complete and exclusive statement of the agreement between us and supersede any proposal or prior agreement oral or written, and any other communications between us relating to your access or use of the Site and/or Services.

  1. Regulatory Disclosures

Enduring Planet provides credit products to companies located in the United States of America. We exercise commercially reasonable efforts to provide loans to companies in every state, but, subject to the various lending requirements (including any registration or other compliance requirements), Enduring Planet may not be able to provide loans in each and every state. If you have any questions about whether the state in which your company is located is eligible to receive a loan from Enduring Planet, please contact us in accordance with Section 7 below.

  1. Use and Restrictions

Registration

The Site will allow you to provide certain contact information, including your name and email address. You may be asked to provide certain additional information, including the amount of investment you are seeking, your company’s financial information, and the purpose of the investment (all such information collectively, your “Information”). We reserve the right to restrict certain areas of information on the Site to such registered users. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect such, we reserve the right to terminate your access to the Site. We are committed to your privacy. Our [Privacy Policy], which is incorporated by reference herein, explains our privacy practices with respect to your personal information, as well as the type of information we collect.

Content

All text, videos, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork and computer code, including but not limited to design, structure, “look and feel” and arrangement of the content available on the Site (collectively, “Content”) is owned, controlled or licensed by or to us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. The Content and the Site are owned by Enduring Planet and/or its licensors and suppliers (which may include lessors, lessees, owners, sellers, buyers, agents, brokers, multiple listing services, builders, service providers, content providers, vendors and others) (collectively, “Licensors and Suppliers”). Subject to the limited rights to use the Site pursuant to these Terms of Use, we retain all right, title and interest in and to the Site including all related intellectual property contained therein. Except as expressly provided in these Terms of Use, you have no other rights in the Site or any Content and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Content in any manner.

Permitted Uses

Subject to these Terms of Use, we hereby grant you a personal, nontransferable, nonexclusive, non-sublicensable license to use the user interface of the Site and Content in accordance with the Terms of Use, and for no other purpose. All rights, title and interest in and to the user interface and Content, on or through the Site shall belong to us or our Licensors and Suppliers, including all modifications thereof and enhancements thereto. The Content and user interface made available from, on or through the Site may not be copied, modified, republished, assigned, sold or distributed to you, nor may derivative works be prepared therefrom. The license granted to you pursuant to these Terms of Use is solely for your personal use (but not for resale or redistribution) as a user of the Site and may not be used for any other purposes. You shall not reverse engineer, de-compile, or otherwise translate, in any way, the Content and user interface made available from, on or through the Site. You have no right or claim of right to the Content or any unique ideas found on the Site. No ownership rights are granted to you hereunder and no title is transferred hereby.

Prohibited Uses

You may not use the Site for illegal or unlawful or malicious activities, or for activities that we deem improper for any reason whatsoever in our sole judgment. We reserve the right to take preventative or corrective actions to protect ourselves and our users. Your use of the Site is conditioned in part on your compliance with the rules of conduct provided herein, and your failure to comply may result in termination of your access to and use of the Site and liability for damages caused by your noncompliance. In addition to the foregoing, while using the Site, you may not:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

  • Use racially, ethnically, or otherwise offensive language.

  • Engage in, discuss or incite illegal activity.

  • Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).

  • Post anything that exploits children or minors or that depicts cruelty to animals.

  • Post any copyrighted or trademarked materials without the express permission from the owner.

  • Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.

  • Use any robot, spider, scraper or other automated means to access the Site.

  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

  • Alter the opinions or comments posted by others on this Site.

  • Post anything clearly false or misleading.

  • Post anything unrelated to our business, products or services.

  • Post anything contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions.

This list of prohibitions provides examples and is not complete or exclusive. Enduring Planet reserves the right to terminate your access (or use the Services) with or without cause and with or without notice, for any reason or no reason, or for any action that Enduring Planet determines is inappropriate or disruptive to this Site or to any other user of this Site and/or Services.

You agree to indemnify and hold its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Enduring Planet or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.

Intellectual Property Rights.

Enduring Planet respects the intellectual property rights of others, and we ask you to do the same. Enduring Planet may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others.

We and our licensors own and retain all proprietary rights in the Services. The Services or any portion of the Services may not be reproduced, duplicated, copied, or otherwise exploited for any commercial purpose without express written consent of Enduring Planet, unless it is in the public domain. The compilation of all content on this site is the exclusive property of Enduring Planet and protected by U.S. and international copyright laws.

The marks appearing on the Site, including but not limited to Enduring Planet and any respective logos, emblems, slogans and designs, are trademarks of Enduring Planet. All other marks used on the Services are the property of their respective owners.

  1. Warranties, Disclaimers and Limitations of Liability

Your Warranties

You represent and warrant to Enduring Planet that (a) all Information, that you provide to us is accurate and truthful, (b) you have the authority to share your Information with us and to grant us the right to use your Information as provided in these Terms of Use and Privacy Policy and (c) your acceptance and use of the Site pursuant to these Terms of Use does not violate any applicable law or other contract or obligation to which you are a party or are otherwise bound.

Disclaimer of Warranties

Your use of this Site and/or our services is at your own risk. The Content have not been verified or authenticated in whole or in part by Enduring Planet, and they may include inaccuracies or typographical or other errors. Enduring Planet does not warrant the accuracy of timeliness of the Content contained on this Site. Enduring Planet has no liability for any errors or omissions in the Content, whether provided by Enduring Planet, our licensors or suppliers or other users.

You acknowledge and agree that the Site and/or Services may suffer scheduled and/or unintended interruptions. Enduring Planet will use its best efforts to notify you of any such interruption, but does not guarantee that any such notification will be made in every instance.

ENDURING PLANET, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, AND MATERIALS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. ENDURING PLANET DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

Limitation of Liability

ENDURING PLANET SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ENDURING PLANET BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF ENDURING PLANET KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL COMPANY’S LIABILITY EXCEED THE GREATER OF [$100] AND THE AMOUNTS YOU PAY ENDURING PLANET FOR USE OF, OR IN CONNECTION WITH, THE SITE.

While we strive to protect your information in accordance with our Privacy Policy, Enduring Planet cannot be liable for the privacy of email addresses, registration and identification information, communications, confidential or trade-secret information, or any other Content stored on Enduring Planet’s equipment, transmitted over networks accessed by the Services, or otherwise connected with your use of the Services.

Indemnification

You agree to indemnify and hold Enduring Planet, its affiliates, directors, officers, agents, and other partners and employees, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, including but not limited to reasonable attorneys’ fees, made by any third party due to or arising out of your Content, use of the Services, or violation of the Terms. This defense and indemnification obligation will survive these Terms and your use of the Services.

  1. Jurisdiction

Enduring Planet operates the Services from within the United States. Enduring Planet makes no representations that content and materials on the Services are legal or appropriate for use from outside the United States. If you choose to access the Service from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. You may not use the Service in violation of U.S. export laws and regulations.

These Terms will be governed by and construed in accordance with the laws of the state of Oregon. Any action brought to enforce these Terms or matters related to the Service will be brought in either the State or Federal Courts of the state of Oregon. Any claim or cause of action you have with respect to use of the Services must be commenced within one (1) year after the claim arises. In any action or proceeding to enforce rights under the Terms, the prevailing party will be entitled to recover costs and attorneys' fees.

If any provision of these Terms is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from these Terms and the remaining provisions of these Terms will remain in force. These Terms constitute the entire agreement between you and Enduring Planet concerning your use of the Service.

  1. Term and Termination

The term of these Terms of Use will continue for as long as we allow you access to and use of the Site, and/or Services. Sections titled “Content,” “Warranties, Disclaimers and Limitations of Liability,” “Interpretation,” and “Indemnification,” and this Section shall survive any termination or expiration of these Terms of Use.

  1. How to Contact Us

Should you have any questions or complaints regarding these Terms (or general questions about the Site and/or Services), please contact us via email at: privacy@enduringplanet.com