Terms and Conditions

 

Terms and Conditions

Welcome to the website for 5th Street Capital, Inc. (“site”).  In this agreement, the terms “we” and “us” refer to 5th Street Capital, Inc. and the companies that have helped create, design and support this site. Your use of this Site and its Services will be subject to the following terms and conditions.  Please read them carefully.  By accessing this site and any service you are agreeing to these terms, if you do not wish to be bound by this agreement you should leave this site. Intellectual property laws protect original material that we post at this site.  You are granted a non-exclusive license to access the content on this site and to print copies of any content only for your personal use.  Except as expressly provided above, all rights are reserved.  Among other things, except to the extent required for the limited purpose of reviewing material on our site, electronic reproduction, adaptation, distribution, performance or display is prohibited.  Commercial use of any contents is prohibited. We reserve the right to change, add to or delete any of the terms set forth below, as well as any of the services.   Certain services may be subject to limitations that are not expressly stated below.  Please check the other portions of the site for additional details.  We assume no responsibility if a service becomes unavailable for any reason or fails to meet your requirements. Your compliance with Laws and Site Guidelines You agree to comply with the laws that apply to your use of this site and or the services.  You also agree not to engage in any activities that; encourage a violation of any law or regulation by others; abuse, harass, stalk, defame, impersonate or invade the privacy of another; infringe the rights of any third party, including intellectual property, business, contractual and fiduciary rights; are in any way connected with the transmission of “junk mail” “spam”, “pyramid schemes” solicitations, chain letters, or any other mass distribution of unsolicited email; interfere with the functioning of the site or any linked website; or involve sending abusive, obscene, hateful or otherwise offensive content by means of any service.  You also agree to comply with the rules of the Internet services providers, networks, hosting and telecommunication services, servers, computer databases, and web sites that you access or use in conjunction with this site and/or the services. Linked sites and advertisements You may be able to access web sites operated by third parties from this site.  Unless we tell you otherwise in writing we do not operate or control any of the information, products or services on such linked sites.  You acknowledge and agree that: (a) you access such linked sites at your own risk; (b) we make no representation or warranty, and assume no responsibility for, any linked site or the actions or omissions or its owners or operators; (c) we make no endorsement or and assume no responsibility for, any goods or services offered by the companies that power or support this site or any other site ; and (d) although we may have a contractual or other relationship with the operators or a linked site, we will not be responsible for the content, accuracy, integrity or operation of their site. Limitation on Liability and Warranty Disclaimers This site is provided on an “as is” and “as available” basis, neither 5th Street Capital, Inc. nor its service providers make any warranty, express or implied regarding this site, its content, the services, the good or services advertised by third parties via this site or linked sites, or the subject matter of this agreement.  All warranties including implied warranties or merchantability and fitness for a particular purpose are expressly disclaimed to the greatest extent permitted by law.  We assume no responsibility for the unavailability of this site, for viruses created by third parties, or information provided by third parties, no consent available through the site shall create any warranty. Except to the extent otherwise required by law, we will not be liable to you for any consequential, indirect, special, incidental, or similar damages whether or not they are foreseeable, including claims for loss of goodwill, profits, data, use of money or products, stoppage of work or impairment of assets, whether arising out of breach of express or implied warranty, breach of contract, negligence, misrepresentation, strict liability or otherwise. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages.  To the extent these laws apply to you, some of the provisions set forth in this agreement may not apply.  We will not be liable to you for any failure or delay in performing the services or making the the site available for your use if the failure or delay is due to; causes beyond our reasonable control; natural catastrophes; governmental actions or omissions; the application of any law; payment system failures; viruses introduced by third parties; our inability to confirm your identity or your authority to act; our inability to procure supplies or materials or access the networks through which we operate the services. You agree to indemnify, defend and hold us, our affiliates, the vendors that assist us in providing services, and our respective directors, officers, employees and agents harmless from and against all claims, actions, proceedings, damages and costs (including attorney’s fees) related to or arising out of; (i) your use of this site or the services (ii) the actions or omissions of third parties who advertise at our site or through linked sites; (iii) our reliance on instructions that are accompanied by your password or security code; or (iv) your breach of these terms. Your privacy/security Please see our privacy page for details regarding the manner in which we collect and use information about you, maintain the confidentiality of your personal identifiable, and use technology and procedures to maintain privacy. You agree to:  a. notify us immediately if you become aware of any unauthorized use of your account, any breach in the confidentiality of your account records, or any breach or attempted breach of security involving the site or the services; and b. avoiding accessing or attempting to access the nonpublic areas of this site or any other user’s password protected information. Termination We may terminate your use of the site and any of the services at any time without cause.  The terms of this agreement will continue to apply following its termination to any obligations incurred or arising prior to its termination. Proprietary Information You acknowledge and agree that the software used by us in the operation of this site, and the copyright, patent, trademark, trade secret and all other proprietary rights in and to the technology, designs, graphics, marks and software used by us for this site and the services, are proprietary to us and our licensor’s.  As such, you will not gain any ownership or other right, title or interest in or to them by reason of this agreement or otherwise.  You may not reverse engineer, modify, or de-compile any of the technology that we make available to you.  You agree not to engage in the practice known “screen scraping” in an attempt to obtain our list of site users.  You agree to comply with the terms of any license agreement we make available to you with any software. Miscellaneous Amendments.  We may add to, delete from, or chance the terms of this agreement by posting a revised agreement, a written or electronic notice.  Your continued use of the site or services after such notice will be evidence of your agreement to the changes.  As such you should visit this page periodically. Governing law.  The validity, interpretation and legal effect of this agreement will be governed by the laws of the State of California, without reference to its conflict of law provisions.  We make no representation that the materials in or the content of this site are appropriate or available for use in all locations.   If you are accessing this site from outside the United States, for example, you agree to comply with local laws that apply to your access and use of this site or the services. Minors.  Protecting the privacy of children and teenagers is very important to us.  As such, we do not use us this site to collect or use any personal information from persons we know to be under the age of majority, and will remove any personally identifying information about such minors from our system. Notices.  You may send notices to us at info@5thstcap.com.  We may send notices to you at your postal or e-mail address or by posting a message on this site. Waiver. Any waiver of the provisions of this agreement must be in writing to be valid.  No waiver will occur as a result of a usage of trade, custom or proactive Sever ability.  If any provision of this agreement is found to be invalid or unenforceable the remainder of this agreement will continue to be in effect. Important:  For security and privacy reasons, please DO NOT send an email to 5th Street Capital, Inc. which contains personal or financial information such as but not limited to social security numbers, user names, passwords or credit card numbers.  If you have any questions or concerns, please contact us at 888-702-3385 M-F 8am-5pm PST