These Terms govern access to and use of the AspireFunds website, communications, and any content published or made available through it.
These Terms of Use ("Terms") constitute a binding agreement between you and AspireFunds, LLC and its affiliates (collectively, "AspireFunds," "we," "our," or "us") governing your access to and use of www.AspireFundsBank.com and any related pages, subdomains, portals, and communications (collectively, the "Site"). By accessing or using the Site, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Site.
You represent that you are at least 18 years old and have full legal capacity to enter into these Terms. The Site is intended for institutional and accredited investors, business borrowers, professional service providers, and other business users. Access from jurisdictions where the content would be unlawful is prohibited.
Nothing on the Site constitutes an offer to sell, or a solicitation of an offer to buy, any security, investment, loan product, or other financial instrument. Offers and sales of securities interests in AspireFunds funds are made only pursuant to definitive offering documents delivered to eligible investors in reliance on applicable exemptions from registration under the Securities Act of 1933, as amended, and applicable state securities laws.
Information on the Site is provided for general informational purposes only and does not constitute investment, legal, tax, accounting, or other professional advice. You should consult qualified advisors before making any investment or borrowing decision.
We make reasonable efforts to keep information on the Site current and accurate, but we do not warrant that content is complete, error-free, or up to date. Fund parameters, target returns, investment guidelines, program terms, and personnel may change without notice. Historical or hypothetical performance information is not indicative of future results. We may modify, suspend, or discontinue any portion of the Site at any time without liability.
You may access and use the Site for lawful, non-commercial informational purposes, and to communicate with AspireFunds regarding a legitimate borrower or investor inquiry. You may print or download excerpts for your personal reference, provided that all copyright and proprietary notices are preserved.
You agree not to:
The Site, including all text, graphics, images, logos, marks, videos, code, and design elements, is owned by AspireFunds or its licensors and is protected by U.S. and international copyright, trademark, trade dress, and other intellectual property laws. "AspireFunds," "AspireFundsBank," and the associated marks and logos are trademarks of AspireFunds, LLC. Nothing on the Site grants any license or right to use any trademark without prior written permission.
If you submit any inquiries, materials, feedback, ideas, or content ("Submissions") through the Site or by email, you grant AspireFunds a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, reproduce, modify, and disclose Submissions for any lawful business purpose, subject to our Privacy Policy. Do not submit information you consider confidential unless we have a written confidentiality agreement in place.
The Site may contain links to third-party websites or resources. Such links are provided for convenience only. We do not endorse or assume responsibility for third-party content, products, or services, and your use of any third-party site is at your own risk.
Your use of the Site is subject to our Privacy Policy, which is incorporated by reference into these Terms.
THE SITE AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, ASPIREFUNDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OPERATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE SITE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ASPIREFUNDS, ITS AFFILIATES, MANAGED FUNDS, OR ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM RELATED TO THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100).
You agree to defend, indemnify, and hold harmless AspireFunds and its affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your access to or use of the Site, (b) your Submissions, or (c) your breach of these Terms or any law or third-party right.
We may suspend or terminate your access to the Site at any time, with or without cause or notice. Sections that by their nature should survive termination will survive, including Sections 7, 8, and 11 through 18.
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles. Subject to Section 16, the state and federal courts located in Wilmington, Delaware have exclusive jurisdiction over any dispute arising from these Terms or your use of the Site, and you consent to personal jurisdiction and venue in those courts.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Site that cannot be resolved through informal negotiation within 30 days will, at either party's election, be finally resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures, in Wilmington, Delaware, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction. The parties waive any right to a jury trial and to participate in a class or representative proceeding. Nothing in this section prevents either party from seeking injunctive relief in court for infringement of intellectual property or breach of confidentiality.
These Terms, together with our Privacy Policy and any offering or transaction documents, constitute the entire agreement between you and AspireFunds regarding the Site. If any provision is held unenforceable, the remaining provisions will remain in full force. Our failure to enforce any right is not a waiver. You may not assign these Terms without our written consent; we may assign them freely. Notices to AspireFunds must be sent to the address in Section 18.
AspireFunds — Legal
1910 Pacific Ave, Suite 2000
Dallas, TX 75201
[email protected]
972.945.5050