Terms of Use

Avenify Corporation (“Avenify” or “we”) is a marketplace lending platform for income share agreements. These terms of use (“Terms”) constitute a legal contract between you and Avenify and govern all aspects of your use of the www.avenify.com website (“Site”). Please read these Terms carefully. By accessing or using any of the information, materials, or functions available on the Site, you agree to be bound by these Terms.

You are responsible for reviewing these Terms regularly. We may modify the Terms at any time, at our sole discretion, by posting updated Terms or by written notice to you by email, through a website, or via U.S. mail. You agree to be bound by any modifications, and your continued use of the Site constitutes your acceptance of any modifications to the Terms.

The Terms are in addition to any other terms and conditions that may apply to accounts you have with Avenify or particular activities or functionalities of the Site. Where appropriate, please review those specific terms and conditions. In the event of a conflict between the Terms and the specific terms and conditions of your account or particular activities or functionalities of the Site, the specific terms and conditions apply.

You agree to provide accurate, current, and complete information about yourself when you use the Site. You further agree to promptly update information about yourself as a user of the Site.

  1. Eligibility

The products and services offered through our Site are not available to persons who have not reached the age of majority in their state of residence or who are not enrolled in or accepted to an eligible institution. Not all products and services are available to all individuals. Registration for an account and/or submission of any information or application materials does not automatically qualify you for a product or service. Your eligibility for a particular product or service is subject to review and final determination by and at the discretion of Avenify and the institutions it partners with.

  2. Your Information and Disclosure to Third Parties

Avenify has made a commitment to protecting the privacy of those who access and use our Site. The Site’s Privacy Policy is incorporated by reference in the Terms. Please review the Site’s Privacy Policy. By using the Site, you are consenting to the Privacy Policy.

  3. User and Accountholder Responsibilities

Certain activities and functionalities of the Site are accessible only to registered users and accountholders. In order to access the registered user and accountholder areas of the Site, you will need to register with the Site, which includes creating access credentials, such as a username and password. You are solely responsible for (1) authorizing, monitoring, controlling access to, and maintaining the strict confidentiality of your access credentials, (2) not allowing another person to use your access credentials, and (3) any charges or damages that may be incurred as a result of your failure to maintain the strict confidentiality of your access credentials. Avenify is not liable for any harm related to the theft of access credentials, your disclosure of access credentials, or your decision (in violation of the Terms) to allow another person or entity to access and use the Site using your access credentials. You must immediately notify Avenify regarding any unauthorized use of your access credentials or any other concerns that you have about the misuse or security of your account by emailing [email protected] Until Avenify receives this notification from you, you will be held liable for any harm resulting from the improper use of your access credentials or other security breach known to you.

  4. Your License

Subject to the Terms, Avenify grants you a personal, non-exclusive, non-transferable, limited and revocable license to access the Site for your personal (not business) use (“Your License”).

  5. Intellectual Property

The Site, its content, any materials downloaded, and all intellectual property pertaining to or contained on the Site (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks, and service marks) are owned by Avenify or third parties; all rights, title and interest therein shall remain the property of Avenify and/or such third-party owner, as applicable. All content is protected by trade dress, copyright, patent, and trademark laws, as well as various other intellectual property and unfair competition laws.

You are authorized solely to view and retain a copy of pages of the Site for your own personal, non-commercial use. You may also view and make copies of relevant documents, pages, images, or other materials on the Site for the purpose of transacting business with Avenify. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Site, or any portion of the Site, for any public or commercial use without the express written consent of Avenify. Additionally, you agree that you (i) will not remove or alter any author, trademark, or other proprietary notice or legend displayed on the Site (or printed pages produced from the Site), and (ii) will not make any other modifications to any documents obtained from the Site other than in connection with completing information required to transact business with Avenify.

  6. Use of Information and Materials

The information and materials contained on the Site, and the Terms, policies, and descriptions that appear, are subject to change. You accept sole responsibility for all of your activities using the Site. Your use of the Site is limited to the intended function of the Site. Unauthorized use of the Site and systems, including but not limited to unauthorized entry into Avenify’s systems, misuse of passwords, or misuse of any information posted on the Site, is strictly prohibited. You may not use the Site in a manner that:

  7. Links

THE SITE MAY CONTAIN LINKS TO WEBSITES CONTROLLED OR OFFERED BY THIRD PARTIES (NON-AFFILIATES OF Avenify). Avenify HEREBY DISCLAIMS LIABILITY FOR ANY INFORMATION, MATERIALS, PRODUCTS, OR SERVICES POSTED OR OFFERED AT ANY OF THE THIRD-PARTY WEBSITES LINKED TO THE SITE. BY CREATING A LINK TO A THIRD-PARTY WEBSITE, Avenify DOES NOT ENDORSE OR RECOMMEND ANY PRODUCTS OR SERVICES OFFERED OR INFORMATION CONTAINED AT THAT WEBSITE, NOR IS Avenify LIABLE FOR ANY FAILURE OF ANY PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT THOSE WEBSITES. SUCH THIRD PARTY MAY HAVE A PRIVACY POLICY DIFFERENT FROM THAT OF Avenify, AND THE THIRD-PARTY WEBSITE MAY PROVIDE LESS SECURITY THAN THE Avenify SITE.

  8. Termination

Avenify reserves the right, in its sole discretion, to terminate Your License, your user account, or any products or services provided to you and to assert legal action with respect to content or use of the Site that Avenify reasonably believes is or might be in violation of the Terms, additional terms and conditions, or other Avenify policies. Avenify’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce the Terms or the terms of any product or service.

  9. NO WARRANTY

THE SITE, INCLUDING ALL CONTENT, INFORMATION, MATERIALS, LINKS, AND OTHER ITEMS, ARE PROVIDED “AS IS”, “AS AVAILABLE,” AND WITHOUT WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. Avenify DOES NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE SITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THEM. YOU ACKNOWLEDGE AND AGREE TO USE THE SITE AT YOUR SOLE RISK AND THAT Avenify CANNOT GUARANTEE AND DOES NOT WARRANT THAT YOUR ACCESSS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT THE SITE WILL BE FREE OF COMPUTER VIRUSES.

  10. LIMITATION OF LIABILITY

IN NO EVENT WILL Avenify BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES ARISING IN CONNECTION WITH THE SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR OTHER DEFECT RELATED TO THE SITE, EVEN IF Avenify OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.

  11. Submissions

All information submitted to Avenify via the Site shall be deemed and remain the property of Avenify, and Avenify shall be free to use, for any purpose, any idea, concept, know-how, or technique contained in information a visitor to the Site provides Avenify through the Site. Avenify shall not be subject to any obligations of confidentiality regarding submitted information except as may be expressly agreed in writing by Avenify or as otherwise specifically required by law.

  12. Availability

The Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.

  13. Additional Terms

Your accounts or certain activities or functionality of the Site may be subject to additional terms and conditions. In the event of a conflict, such additional terms and conditions will govern for those activities and functionality.

  14. System Outages, Slowdowns, and Capacity Limitations

At times you may experience difficulty accessing the Site or communicating with Avenify through the Internet or other electronic wireless services as a result of high Internet traffic, transmission problems, systems capacity limitations, or other problems. Any computer system or other electronic device, whether it is yours, an Internet service provider’s, or Avenify’s, can experience unanticipated outages or slowdowns or have capacity limitations.

  15. Protecting Your Devices and Account

Avenify makes no warranty whatsoever to you, express or implied, regarding the security of the Site, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the Site. You acknowledge and agree that you are solely responsible for maintaining the security of your devices. You also acknowledge and agree that you are responsible for maintaining the confidentiality of your access credentials. Avenify is not responsible for any losses resulting from the loss or theft of your device or the loss or theft of your information transmitted from or stored on your devices. You are required to report any unauthorized use of your account by emailing [email protected]

  16. Use Outside the United States

You may not use or export or re-export any portion of the Site in violation of any applicable laws or regulations, including without limitation, United States export laws and regulations. Avenify makes no representation that the documents, pages, images, or other materials or content on the Site are appropriate or available for use in jurisdictions outside the United States.

  17. Governing Law and Disputes

The Terms are governed by and construed in accordance with the laws of the State of Delaware, excluding choice-of-law provisions of Delaware law that would result in the laws of any state or country other than Delaware being applied. The Federal District Court for Delaware has general jurisdiction and will be the exclusive venue for litigating any claims, actions, or proceedings related to the Site, Terms, or any other Avenify policies or terms and conditions. Any such cause of action you may have must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action shall be barred.

  18. Severability/No Waiver

If any provision of the Terms shall be deemed unlawful, void, or unenforceable for any reason, then such provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. Avenify’s failure to enforce the strict performance of any provision of the Terms or the additional terms and conditions for any service or information will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of the Terms or the additional terms and conditions.

  19. Changes

Avenify reserves the right, at any time, without notice to you, and in its sole discretion, to modify or discontinue the Site, the Terms, or any Avenify policies related to use of the Site. Revisions to the Terms or Avenify’s policies may be provided through the Site, including by posting the revisions on the Site. Continued use of the Site following such modifications to the Site, the Terms, additional terms and conditions for any service or information, or Avenify policies will constitute your acceptance of such modifications and revisions.

  20. Contact Us

Any questions, complaints, or claims regarding the Site should be directed to: [email protected]