TERMS AND CONDITIONS

Last updated: December 2025

PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY. THEY MAY AFFECT YOUR LEGAL RIGHTS. THESE TERMS INCLUDE SECTION 14 TITLED “DISPUTE RESOLUTION” WHICH REQUIRES YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST FUND&GROW, INC., ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY CLASS ACTION. BECAUSE OF THIS MANDATORY BINDING ARBITRATION PROVISION, YOU CANNOT BRING CLAIMS AGAINST US IN COURT, CANNOT REQUEST OR RECEIVE A JURY TRIAL, AND MUST ARBITRATE ON AN INDIVIDUAL ONLY BASIS AND NOT AS PART OF A MASS, CLASS, OR REPRESENTATIVE ACTION.

Fund&Grow, Inc. (“Fund&Grow”, “We”, “Our”, or “Us”) is a financial consulting service that both educates businesses and assists in connecting them with third party companies offering a variety of financial services and resources, including but not limited business credit cards. These Terms govern your use of the www.fundandgrow.com website (including all sub-pages and other various web pages) operated by Us (the “Site”) BY ACCESSING AND USING THE SITE, ANY MOBILE APPLICATIONS, AND UTILIZING ANY OF THE PRODUCTS OR SERVICES OFFERED BY US (the “SERVICES”), YOU AGREE TO BE BOUND BY THESE TERMS. If you do not agree to be bound by these Terms you must immediately discontinue your use of this Site and the Services.

If you enter into any subsequent contract or agreement with Us, then the provision of those other agreements will apply to whichever product or service you purchased. In the event of a conflict between these Terms and any subsequent agreement or contract you may enter into, the provisions of that contract or agreement will govern as to the subject matter of that contract or agreement. In all other circumstances, these Terms shall govern. The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Site constitutes your agreement to all such terms, conditions, and notices.

TABLE OF CONTENTS:

1. Modification of These Terms
2. Privacy Policy
3. Third Party Content
4. Links to Third Party Sites
5. Intellectual Property Rights
1. Content and User Content
2. Intellectual Property Rights in Content
3. Fund&Grow’s Use of User Content
4. Copyright Infringement Policy
6. Your Use of the Site or Services
7. You Are Responsible for Your Financial Decisions.
8. Our Program
1. Length of Program
2. Secondary Applicants.
3. What’s Included with the Program
4. Membership Payment Plans
5. Money-Back Guarantee
6. Cancelling Premium Coaching
9. Communications
1. Telephonic Communications
2. Email Communications
3. Opting Out of Communications
10. Disclaimer of Warranties
11. Limitation of Liability
12. Termination/Access Restriction
13. Indemnification
14. Dispute Resolution
1. Informal Dispute Resolution
2. Binding Arbitration
3. Restrictions
4. Exceptions to Arbitration
5. Survival and Severability
15. Governing Law
16. Severability
17. Entire Agreement
18. Assignment
19. Survival
20. No Waiver
21. Contact Us

1. Modification of These Terms

   Fund&Grow may periodically modify these Terms as well as the Services themselves, without notice. Any updates will be posted to the Site. You are responsible for checking these Terms from time to time and be aware of any updates or revisions. All amended Terms become effective upon our posting to the Site, and any use of the Site after such revisions have been posted signifies your consent to the change. If the Terms are updated, the date that the Site was “Last Updated” will be reflected at the top of the Terms.

2. Privacy Policy

   By using the Site and Services, in addition to accepting these Terms, you also accept and agree to the terms of our Privacy Policy and GLBA Privacy Policy which are expressly incorporated herein. Before using the Site or Services and/or providing your personal information to Us, please carefully review our Privacy Policy and GLBA Privacy Notice. All personal information provided to us as a result of your use of the Site and Services will be handled in accordance with our Privacy Policy and/or GLBA Privacy Policy.

3. Third Party Content

   We may distribute content supplied by third parties on the Site (“Third Party Content”). Third Party Content constitutes the opinions, advice, statements, advertisement, services, offers, , or other information or content expressed or made available by third parties. Any Third Party Content made available on or through the Site is offered purely for informational purposes. The Third Party Content is solely that of the respective author(s) or distributor(s) and We do not endorse, and are not responsible for, the content, reliability, or accuracy of any of the information provided in the Third Party Content.

4. Links to Third Party Sites

   The Site may contain links to other third party websites (“Linked Sites”). The Linked Sites are not under the control of Fund&Grow and Fund&Grow is not responsible for the content of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Fund&Grow is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Fund&Grow of the site or any association with its operators. You are solely responsible for any dealings you may have with any third parties and We encourage you to read the terms of use and privacy policies applicable to the Linked Sites and any products or services offered by third parties.

   Some of the Linked Sites may be links to Our referral partners, meaning that, if you decide to sign-up for an offer through those Linked Sites, Fund&Grow may receive a commission. For more information regarding referral partner Linked Site, please visit our Referral Partner Link Disclosure available at https://www.fundandgrow.com/affiliate-link-disclosure.

5. Intellectual Property Rights
   1. Content and User Content

   As used in these Terms, the word "Content" refers to the information, data, and content on the Site and any other documents or information provided to you in connection with the Services, including, but not limited to, all of the software and code comprising or used to operate the Site, and all of the page headers, logos, text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, product and service information, product and service descriptions, formats, hashtags, designs, and other materials available to you.

   The term “User Content” refers to any messages, comments, information, photos, writings, music, videos, audio recordings, computer graphics, pictures, images, data, questions, comments, suggestions, or any other content or communications that you (1) submit to Fund&Grow, regardless of the source, (2) publish through any social media (e.g., Instagram, Twitter, Facebook, Pinterest, Google, etc.) associated with, related to, or regarding Fund&Grow and which you agree Fund&Grow may use, including your name, social media handle or ID, profile picture, and related comments, statements, or posts.

   2. Intellectual Property Rights in Content

   All Content included on the Site, except Third Party Content and Linked Sites, including all product, company and/or Service names, graphics, buttons icons, and all trademarks, service marks, and logos, are the intellectual property of Fund&Grow (“IP”) and protected by United States and international intellectual property law, including trademark, patent, and copyright laws, as applicable. Content may not be reprinted or republished in any form without the express written permission of Fund&Grow or, with respect to Third Party Content or Linked Sites, its respective owner. You may download material from the Site for your own personal, non-commercial use only, provided you do not modify the material and keep intact all trademark, copyright, and other proprietary notices. You may not further distribute or display such material for any purpose. Ownership of all IP and the goodwill associated therewith, with the exception of the third party Marks, remains with Fund&Grow. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any of Fund&Grow’s Content or IP. Your use of the Content and IP, except as provided herein, is strictly prohibited. All Third-Party Content or Linked Sites that appear on the Site are the property of their respective owners.

   3. Fund&Grow’s Use of User Content

   Unless otherwise described in our Privacy Policy or GLBA Privacy Policy or as part of a specific program or promotion offered by Fund&Grow, by creating and/or submitting User Content, you agree that We may use such User Content without restriction, including, without limitation, on the Site and/or in our other marketing materials, emails, social media, advertising, and other materials. Fund&Grow shall exclusively own all now known or hereafter existing rights to the User Content of every kind and nature throughout the world and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. All User Content shall be deemed, and shall remain, the property of Fund&Grow. None of the User Content shall be subject to any obligation of confidentiality on the part of Fund&Grow, and Fund&Grow shall not be liable for any use or disclosure of any of the User Content.

   You hereby grant Fund&Grow a perpetual, sublicensable, assignable, unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, practice, modify, create derivative or collective works, transmit and distribute your User Content, in whole or in party, including all intellectual property rights therein. We may also sublicense our rights in your User Content. We are under no obligation to pay you any compensation for or in connection with Our use of your User Content.

   4. Copyright Infringement Policy

   In accordance with the requirements set forth in the Digital Millennium Copyright Act, Title 17 United States Code Section 512(c)(2) (“DMCA”), Fund&Grow will investigate notices of copyright infringement and take appropriate remedial action. If you believe that any Content on the Site has been used or copied in a manner that infringes your work, please provide a written notification of claimed copyright infringement to the Designated Agent for the Site containing the following elements as set forth in the DMCA:

   • a physical or electronic signature of the owner of the copyright interest that is alleged to have been infringed or the person authorized to act on behalf of the owner;
   • identification of the copyrighted work(s) claimed to have been infringed, including copyright date;
   • identification of the Content you claim to be infringing and which you request be removed from the Site or access to which is to be disabled along with a description of where the infringing Content is located;
   • information reasonably sufficient to allow us to contact you, such as a physical address, telephone number and an email address;
   • a statement by you that you have a good faith belief that the use of the Content identified in your written notification in the manner complained of is not authorized by you or the copyright owner, its agent or the law; and
   • a statement by you that the information in your written notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on behalf of the copyright owner. Fund&Grow’s designated agent for the written notification of claims of copyright infringement can be contacted at the following address:

   Designated Agent – Copyright Infringement Claims

   Fund&Grow 8328 Balm Street

   Spring Hill, Florida 34614

   Email: legal@fundandgrow.com

6. Your Use of the Site or Services

   As a condition of your use of the Site and Services, you warrant that you will not use the Site or Services for any purpose that is unlawful or prohibited by these Terms. Specifically, you agree:

   • not to use the Site or Services in any way not explicitly permitted by these Terms;
   • not to use any Content or IP, except as expressly permitted by these Terms;
   • not to allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam);
   • not to modify, provide access to, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third party website, or otherwise use the Content in any way except as specifically permitted by these Terms or otherwise in writing by Us;
   • not to harvest or collect information or Content;
   • not to reverse engineer, disassemble, or decompile the Site unless expressly authorized by these Terms or applicable law;
   • not to link or deep-link to the Site for any purpose;
   • not to frame the Site, place pop-up windows over the Site, or otherwise affect the display of the Site;
   • not to use any use any robot, spider, rover, scraper, crawler, or any other data-mining technology or automatic or manual process to monitor, cache, mask, extract data from, copy or distribute the Content (except as may be a result of standard search engine or Internet browser usage);
   • not to misrepresent your identity or provide Us with any false or misleading information in any information-collection portion of the Site or Services, such as a registration page, or in connection with any User Content and/or Feedback Messages;
   • not to take any action intended to interfere with the operation of the Site, including, but not limited to, making available, embedding, or in any way exposing the Site to any viruses, spyware, corrupted computer code, file or program, or any other software, program, or technology which is, or is potentially, harmful, invasive, or intended to cause damage to the use of any hardware, software, or other equipment belonging to Us;
   • not to access or attempt to access any portion of the Site to which you have not been explicitly granted access;
   • not to restrict or inhibit any other person from rightfully accessing or using the Site or the Services;
   • not to share any password assigned to you with any third parties or use any password granted to a third party;
   • not to directly or indirectly authorize anyone else to take actions prohibited in this section;
   • not to use the Site or Services in any way or for any purpose that is fraudulent or otherwise tortious or unlawful;
   • to comply with all applicable laws and regulations while using the Site, Services, or Content;
   • With respect to any User Content, you agree not to provide any such content which:
   • unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy;
   • constitutes or encourages activity illegal under criminal or civil law;
   • is false, misleading, deceptive, inaccurate, fraudulent, or misrepresents your identity or affiliation with a person or company;
   • promotes violence or describes how to perform a violent act;
   • impersonates any person or entity;
   • violates any applicable laws, rules, or regulations;
   • violates or infringes upon the rights of others;
   • contains the image, name, or likeness of anyone other than yourself;
   • requests or solicits any personal or private information from any individual;
   • contains advertisements, promotions, solicitations, marketing, spam, or which has a commercial purpose without Our express written permission;
   • contains software viruses, commercial solicitations, chain letters, mass mailings, political campaigning, or any form of “spam”; or
   • the transmission of which could violate, or facilitate the violation of, any applicable law, regulation, or intellectual property rights.
7. You Are Responsible for Your Financial Decisions.

   We, through our services, may introduce you to or connect you with third-party service providers, such as financial institutions and credit card providers (“Service Providers”). Our goal is to provide options and ideas to fit your financial needs. While our goal is to introduce you to qualified companies, ultimately, it is your responsibility to investigate Service Providers. You acknowledge and agree that Service Providers are solely responsible for any services that they may provide to you and that we are not liable for any losses, costs, damages or claims in connection with, arising from, or related to, your use of a Service Provider’s products or services, including their credit cards or other credit offers. We urge you to conduct your own due diligence when reviewing available services and review contracts and/or terms with such Service Providers. We do not guarantee that quotes, fees, terms, rates, coverage or services offered by Service Providers are the best available, nor do we guarantee the success of the services. You acknowledge and agree that you rely on your own judgment in selecting any products or services offered by Service Providers, even if we present the contract to you.

8. Our Program

   Fund&Grow’s core consulting services—which focus on helping clients build business credit through 0% introductory offers, primarily in the form of business credit cards—are provided on a best-effort basis. This means We will use Our best efforts to assist you in obtaining business credit, typically up to a maximum of $250,000. However, actual results may vary and are influenced in part by the personal credit worthiness, credit history, and financial profile of the individual business owner or principal.

   In accordance with federal and state laws, We cannot and do not guarantee the amount of credit you will receive, regardless of any prequalification.

   All credit offers are subject to approval by the respective lender/credit card issuer or financial institution, based on their internal credit criteria. Introductory 0% interest rates may apply to purchases and/or balance transfers, after which the interest rate will increase according to the terms and conditions set forth by the issuing financial institution. Fund&Grow is not a lender and does not issue credit.

   Prior to the submission of any credit applications, you will be provided with all relevant disclosures and terms from the financial institution/credit card issuer issuing the offers. You must review and sign these disclosures as a condition of moving forward with the application process.

   You acknowledge and understand that the availability of zero-interest business credit is directly tied to Your personal creditworthiness. Factors such as high personal debt, delinquencies, debt-to-income ratios, or other financial factors/impairments may significantly reduce the amount of credit available, particularly in the initial stages of membership. To maximize the effectiveness of our services, You are strongly encouraged to avoid any financial actions that may negatively impact Your credit profile during the term of Your membership, including, but not limited to, the following:

   • Follow instructions provided by the Fund&Grow team;
   • Refrain from working with other credit-building companies, as well as refrain from utilizing credit repair companies, while working with Fund&Grow;
   • Refrain from applying for credit while working with Fund&Grow;
   • Refrain from requesting a refund once the applications or negotiations process begins, as this will halt the process and adversely affect your future credit standing and results.
   1. Length of Program

   Fund&Grow offers two Programs—(a) a 4-month program and (b) a 12-month program. Programs are limited to a single applicant, unless a paid upgrade or special promotion is available, which allows you to add a secondary applicant to your File.

   For purposes of this agreement, a “file” refers to an individual client enrollment in the Fund&Grow program. Each file represents the account, credit profile, and consulting services tied to a specific enrollment. A file may consist of:

   2. Secondary Applicants.

   If you are enrolled in the 12-month program (but not the 4-month program), you may have the option to enroll a secondary applicant.

   Only one qualifying family member or business partner may be enrolled as a secondary applicant. All requests to add a secondary applicant must be added to the File within 30 days of your enrollment with Fund&Grow. If a special promotion to add a secondary applicant to your File is made available after this 30-day period has passed, you will not be eligible to take advantage of that promotion unless expressly agreed to in writing by Fund&Grow. Requests to add a secondary applicant after more than 30 days of sign up requires approval from Fund&Grow on a case-by-case basis.

   Although each applicant will have their own secure client portal, both the primary and secondary applicants will be included under the same File, and these Terms, as well as the terms of any Client Agreement, will apply jointly to the entire File. Each applicant will receive individualized Fund&Grow services within the same general timeframe, and both memberships will run concurrently.

   Please note that the 12-month membership term begins when the File is initially opened—not when the secondary applicant is added. As such, both memberships will share the same start and end dates.

   3. What’s Included with the Program

   Every client that enrolls in a Fund&Grow program will receive the following:

   • Professional Business Coaching
   • Access to personalized funding consultations
   • Assistance with funding applications
   • 30 or 60 day money-back guarantee (explained further below)
   • Subscription to Premium Coaching, our monthly newsletter providing advice, anecdotes, updates in the industry, and other information which We think may be useful to you.

   For more details on specific program offerings and pricing, please visit the “Programs” page on the site available at https://www.fundandgrow.com/program. Fund&Grow reserves the right to amend, discontinue, or otherwise change its program offerings and/or availability at any time at its own option.

   4. Membership Payment Plans

   (This section only applies to 4-month and 12-month membership clients on payment plans)

   If you select a payment plan for Fund&Grow’s 4-month or 12-month membership, you agree to remit the full balance through automatic monthly payments, withdrawn approximately every thirty (30) days, until the account is paid in full—unless a promotional discount or one-month trial has been offered and canceled by you prior to the renewal date.

   If the balance is not paid in full by the final scheduled payment date, Fund&Grow reserves the right to apply a late fee and administrative fee totaling up to twenty-six percent (26%) of the remaining balance, or the maximum amount permitted by applicable law, whichever is less.

   5. Money-Back Guarantee

   Fund&Grow offers a money-back guarantee on its core consulting programs, where a File is unable to obtain funding during the Money-Back Guarantee Period as a result of the Services provided.

   The term “Money-Back Guarantee Period” shall mean:

   • With respect to a 4-month program, the first thirty (30) days following the Effective Date;
   • With respect to a 12-month program, the first sixty (60) days following the Effective Date.

   If You are eligible for a Money-Back Guarantee you will be refunded the total amount you paid to Fund&Grow, less a 4% processing fee.

   If the File includes a secondary applicant, you will not be eligible for the Money-Back Guarantee unless both you and the secondary applicant agree, in writing, to terminate your relationship with Fund&Grow. Additionally, even if both the primary and secondary applicants agree to termination, no refund will be issued if one or both of the applicants obtained funding during the Money-Back Guarantee Period.

   The Money-Back Guarantee is contingent upon your, including any secondary applicants, good faith participation and cooperation with Fund&Grow, including compliance with our guidance, instructions, and these Terms.

   If you request a refund, We will contact you by telephone within two (2) business days to confirm your eligibility and process the request. Refunds are issued either back to the original payment method or through Bill.com. If the refund is issued through Bill.com and you choose not to register for e-payment/ACH, then refunds will be issued as a physical check mailed to you.

   6. Cancelling Premium Coaching

   Upon enrollment in a Fund&Grow Membership, you will automatically be subscribed to the Premium Coaching program at the monthly rate disclosed at the time of sign-up. This rate may be adjusted by Fund&Grow with a minimum of thirty (30) days’ prior written notice.

   You may cancel the Premium Coaching subscription at any time by logging into the client portal and following the provided cancellation process by clicking on the link to manage the subscription. As the subscription is clearly disclosed during the enrollment process, Fund&Grow will limit any refund to a maximum of two (2) months’ worth of charges. To be eligible for a refund for a specific month, the client must submit a refund request within thirty (30) calendar days of the charge.

9. Communications

   By entering your contact information onto the Site or providing your information in connection with any Services, you expressly consent and agree to receive communications from Fund&Grow through the contact information you provide. You further represent that (1) for cell-phone numbers, you are the owner or authorized user of the mobile device on which calls or text messages will be received, and that you are authorized to approve any applicable charges and (2) for email addresses, the email address you provide is your email address and that you are the authorized user of that email address.

   1. Telephonic Communications

   Please note that Fund&Grow may record or monitor calls between you and Us for quality assurance and training purposes.

   By providing your mobile number to Fund&Grow, you understand and agree that you may receive telephone calls and text messages (SMS, MMS, or other) from Fund&Grow for both informational/administrative and telemarketing purposes. You understand and agree that calls and text messages may placed using an automatic telephone dialing system, auto-selector or artificial/prerecorded voice, even if your telephone number(s) is/are currently listed on any state, federal or corporate Do Not Call list). Consent to such communications is not a requirement to purchasing the goods or services that we are. Standard text message rates and cellular data charges apply. If you enroll as a Fund&Grow client, you will be automatically opted in to receive administrative/informational calls, text messages, and emails regarding or relating to the Services. These communications may include important updates, reminders, and information regarding or relating to the Services or your account with Us.

   You may opt out of text message communications at any time by replying “STOP” to any message received. Upon doing so, you will receive one additional message confirming opt out. Thereafter, you will no longer receive text messages. For assistance with the text messaging program, you may reply “HELP” to any text message you receive or contact Fund&Grow at service@fundandgrow.com or (800) 996-0270. Message and data rates may apply to any SMS messages sent or received. Fund&Grow is not responsible for delayed or undelivered messages. You are advised to contact your wireless provider with any questions regarding your messaging or data plans.

   2. Email Communications

   If you provide your email address to Fund&Grow, you understand and agree that Fund&Grow may contact you at that email address for both commercial and non-commercial purposes. You may unsubscribe from email communications by clicking the “Unsubscribe” link included at the bottom of Fund&Grow emails or by contacting Fund&Grow directly to update communication preferences.

   For more information on how your information is collected and used, please refer to the Fund&Grow Privacy Policy and GLBA Privacy Policy.

   3. Opting Out of Communications

   In addition to the methods provided in subsection a and b of this Section, if you wish to opt out of receiving communications from Us, you may do so at any time, by emailing us at donotcontact@fundandgrow.com as follows: you must put “Do Not Contact” in the subject line of your email communications and include your name, address, cell phone number, and email address in the email along with an explanation of which types of communications you are opting out of.

10. Disclaimer of Warranties

    YOU EXPRESSLY AGREE THAT USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE MATERIAL PROVIDED ON THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, FUND&GROW DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SITE, ANY USE OF THE SITE AND ANY WEBSITE TO WHICH THE SITE IS LINKED. COMPANY DOES NOT WARRANT THAT THE MATERIAL ON THE SITE IS COMPLETE OR ACCURATE, THAT USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR SERVER OR ANY MATERIAL ON THIS WEBSITE IS FREE OF DISABLING DEVICES (AS HEREINAFTER DEFINED).

    YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SERVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.

    A "DISABLING DEVICE" IS DEFINED AS ANY SOFTWARE, DOCUMENT, MESSAGE OR OTHER MATERIAL WHICH CONTAINS A COMPUTER VIRUS, WORM, TROJAN HORSE, TIME-BOMB OR OTHER HARMFUL DEVICE WHICH MAY ERASE, SCRAMBLE, LOCK OR DISABLE COMPUTER SOFTWARE OR EQUIPMENT OR MAY PREVENT USERS FROM USING A WEBSITE OR ANY OTHER ITEM OF HARDWARE OR SOFTWARE.

11. Limitation of Liability

    TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL FUND&GROW, OR ITS OFFICERS, EMPLOYEES, DIRECTORS, MANAGERS, PARENTS, SUBSIDIARIES, REFERRAL PARTNERS, AGENTS OR LICENSORS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THIS SITE OR THE SERVICES, OR THE CONTENT, INCLUDING WITHOUT LIMITATION, USE OF OR RELIANCE ON THE CONTENT, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETION OF FILES, DISABLING DEVICES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE, GROSS NEGLIGENCE, AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND SERVICES. YOU (AND NOT FUND&GROW OR ITS PARENTS OR REFERRAL PARTNERS) SOLELY ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION RELATED TO ANY DAMAGE, HARM, INJURY OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THE SITE AND/OR ITS CONTENTS.

12. Termination/Access Restriction

    You agree that Fund&Grow, in its sole discretion, may terminate your access to the Site and Services without prior notice, for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. FURTHER, YOU AGREE THAT FUND&GROW SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES. The provisions of these Terms shall survive any termination of your access to the Site or Services.

13. Indemnification

    You agree to indemnify, defend and hold harmless Fund&Grow, its parents, subsidiaries, referral partners, officers, directors, managers and other partners, employees, consultants and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) resulting or arising from (1) any false information you (or anyone accessing the your account, computer or device) submit through the Site, (2) your violation of these Terms or applicable law, (3) your (or anyone using your account/computer/device) violation of any rights of any other person or entity, or (4) any Disabling Device or other similar harmful or deleterious programming routines input by you into the Website.

14. Dispute Resolution

    PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY IMPACT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION AND JURY TRIAL WAIVER.

    1. Informal Dispute Resolution

    To expedite resolution and control the cost of any dispute, controversy, or claim related to or arising out of these Terms, the Site, or the Services (each a “Dispute” and collectively, the “Disputes”) brought by either you or Us, we both agree to first attempt to negotiate any Dispute (except those Disputes expressly exempted below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other party.

    Should informal negotiations fail, you and we agree that before either party may seek legal recourse of any kind, the aggrieved party will notify the other party in writing that informal negotiations are at an impasse and give written notice of request to coordinate mediation within thirty (30) days of the date of the written notice with a mediator of the parties’ joint choosing. If the parties cannot agree upon a mediator, then you may select any mediator included on a list of possible approved mediators provided by Us to you. The parties may attend the mediation in person or via videoconference or teleconference, and the mediation must last a minimum of thirty (30) minutes. The aggrieved party may not proceed with commencing legal recourse unless and until the mediator formally declares the parties have reached an impasse.

    2. Binding Arbitration

    IF THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE THROUGH INFORMAL DISPUTE RESOLUTION, THE DISPUTE SHALL BE RESOLVED EXCLUSIVELY BY MANDATORY, BINDING ARBITRATION, ON AN INDIVIDUAL BASIS ONLY, RATHER THAN IN COURT, EXCEPT AS EXPRESSLY PROVIDED HEREIN. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THIS ARBITRATION PROVISION.

    The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules, which are available at the JAMS website. Your arbitration fees and your share of arbitrator compensation shall be governed by the JAMS Comprehensive Arbitration Rules and Procedures and, where appropriate, limited by the JAMS Comprehensive Arbitration Rules and Procedures. Except where otherwise required by the applicable JAMS rules or applicable law, the arbitration will take place in the State of Florida. The arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any Dispute arising under or relating to the validity, interpretation, applicability, enforceability, or formation of this Agreement and this arbitration provision. The arbitration may be conducted in person, through the submission of documents, by phone, or online/video conference.

    The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either party. The arbitrator must follow applicable and governing law, and any award may be challenged if the arbitrator fails to do so. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. If either party fails to comply with the Arbitrator’s award, the injured party may petition the Circuit Court for enforcement.

    In the event that a party fails to proceed with Arbitration, unsuccessfully challenges the Arbitrator’s award, or fails to comply with the Arbitrator’s award, the other party shall be entitled to costs of suit, including reasonable attorneys’ fees for having to compel Arbitration or defend or enforce the award.

    If, for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Hernando County, Florida, and the parties hereby consent to jurisdiction, and waive all defenses of lack of person jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

    In no event shall any Dispute brought by either party related in any way to these Terms, the Site, or the Services be commenced more than one (1) year after the cause of action arise.

    3. Restrictions

    CLASS ACTION AND MASS ACTION WAIVER: You and We agree that any and all arbitrations shall be limited to the Dispute between the parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated or otherwise litigated on a class action basis or to utilize class action or mass action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. For purposes of clarity, the parties agree that the Arbitrator may not consolidate proceedings of more than one person’s claims, and may not otherwise preside over any form of representative or class proceeding. In the event any litigation should arise between the Parties in any state or federal court, this Section shall apply to that action to the extent permitted by applicable law.

    JURY TRIAL WAIVER: You and We hereby waive our respective constitutional and statutory rights to go to court and have a trial in front of a judge or jury, instead electing that all claims and disputes shall be resolved by arbitration. In the event any litigation should arise between the parties in any state or federal court, the parties agree to waive all rights to a jury trial, instead electing that the Dispute be resolved by the court.

    4. Exceptions to Arbitration

    You and We agree that the following disputes are not subject to binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, or unauthorized use; (c) any claim for injunctive relief; or (d) any claims subject to the jurisdiction of small claims court in the jurisdiction where the aggrieved Party resides.

    5. Survival and Severability

    This Section shall survive termination.

    If all or any part of this arbitration provision is found to be illegal or unenforceable, the unenforceable provision shall be severed, and the remaining terms shall be enforced. In the event any portion of this arbitration provision is deemed to be unenforceable, then neither party will elect to arbitrate that portion of the Dispute falling within the portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by the state and federal courts in and for Hernando County, Florida.

15. Governing Law

    These Terms and any claims or Disputes arising out of or related to this Terms, the Site, or the Services, including enforceability of these Terms, are governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be entirely performed within the State of Florida without regard to any conflict of law principles.

    PLEASE PRINT AND RETAIN A COPY OF THESE TERMS OF SERVICE FOR YOUR RECORDS.

16. Severability

    If any term herein is, to any extent, illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect. To the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.

17. Entire Agreement

    These Terms (together with our Privacy Policy, GLBA Privacy Policy, and any additional terms applicable to you to which you have consented) contain the entire understanding and agreement between you and Us, and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic.

18. Assignment

    You may not transfer or assign any rights or obligations under these Terms.

    We may transfer or assign its rights and obligations under these Terms.

19. Survival

    The following terms shall survive any termination of these Terms or discontinuation of the Site or Services: Section 5 (Intellectual Property Rights)l Section 6 (Your Use of The Site or Services; Section 10 (Disclaimer of Warranties); Section 11 (Limitation of Liability); Section 13 (Indemnification); Section 14 (Dispute Resolution); Section 15 (Governing Law); Section 16 (Severability); Section 18 (Assignment); and any other terms, which, by their nature, are intended to survive.

20. No Waiver

    Our failure at any time to require performance of any provision of these Terms or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Us of any breach of any provision of these Terms or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms.

21. Contact Us

    To contact us regarding these Terms and our related privacy practices, please contact us via the information available on our Contact page available at https://www.fundandgrow.com/contact