Upfunding Capital - Terms of Use

Effective: April 26, 2024

Inmediato LLC Terms of Use

These Terms of Use constitute a legally binding agreement made between The Merchant and Owner(s)/Officer(s) (individually, an “Applicant”, “you”), whether personally or on behalf of an entity and INMEDIATO, LLC, doing business as Upfunding Capital (“Company,” “Upfunding,” “we,” “us,” or “our”), concerning your access to and use of the https://upfundingcapital.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in Florida, United States and have our registered office at 3201 NE 183rd Street, Unit 307, Aventura, FL, 33160.

Your Compliance with The Terms of Use

You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Upfunding reserves the right to amend this Terms of Use document at any time and without notice to you. The most recent date on which the Terms of Use was revised appears above. If you access and/or use the Site following a revision of the Terms of Use document it constitutes your acceptance to the Terms of Use as revised.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

Privacy Statement

By accessing and using this Site you acknowledge that you have read and understood the terms of our Privacy Policy and agree to said terms. You agree we may collect your data as described in our Privacy Policy from you even though we may not be able to offer you any available products or services. If you voluntarily provide us with any information about yourself, you agree that we reserve the right to use that data for market analysis, advertising, or other commercial purposes.

Use of Our Services

Our Site, as well as its underlying processes, related content, and generated data, may not be used for personal, family, household, informational, or non-commercial use. You may not copy, reproduce, sell, distribute, replicate, duplicate, relay, transmit, broadcast, or license our Site or its underlying processes, related content, or generate data without our express written consent. Your use of our Services is not transferable by you to any other person or entity. Your access and use of our Site may be interrupted by, without limitation, maintenance of our equipment or networks, malfunction of our equipment or networks, or inadvertently by a third party or parties. We reserve the sole right to suspend or discontinue the availability of our Site at any time in our sole discretion and without prior notice or consent.

Products and Services

The products and services described on the Site, including their terms, conditions, availability, or pricing, are subject to change at any time, without notice. Your eligibility for the products and services listed on the Site are subject to the final approval and acceptance of Upfunding or other third party offering the product or service. If you are invited to register on the Site for any products or services, you agree to provide accurate, true, current, and complete information about you as may be requested by the registration screens.

Submissions

All information submitted to Upfunding through the Site shall be deemed and remain the property of Upfunding. Upfunding shall be free to use (for any purpose) any and all ideas, concepts, know-how, or techniques that are contained in any information that you may submit to us through the Site. Upfunding shall not be subject to any obligations of confidentiality regarding information submitted through the Site, except as may be specifically agreed to by Upfunding or that may be required by applicable law. However, nothing in the foregoing shall be construed as limiting or in any way reducing the responsibilities that Upfunding may have under the terms of its Privacy Policy.

The works of authorship contained on the Site including but not limited to all design, text, sound recordings, and images, are owned (except as otherwise expressly stated) by Upfunding. Except as may be expressly stated on the Site, they may not be copied, transmitted, displayed, performed, distributed (whether for compensation or otherwise), licensed, altered, framed, stored for subsequent use, or otherwise used – in whole or in part – except to the extent expressly permitted by applicable law and then only with clear and conspicuous notice of Upfunding’s proprietary rights. However, you may download Content from the Site for your personal use, so long as you do not remove or alter any copyright or other notice as may be contained in the Site content when downloaded or printed.

Prohibited Activities

You are responsible for anything you transmit to or through our Site. You represent that your transmissions to Upfunding are and will be truthful, accurate, not misleading, offered in good faith and that you have authority to transmit such information. In using this Site, you agree that it is solely your responsibility to avoid certain activities that we deem, at our discretion, to be prohibited. These prohibited activities include without limitation:

Criminal activity or tortious activity, including (i) fraud or misrepresentation, (ii) harassment (such as verbal harassment), (iii) infringement or misappropriation of a third party’s copyright, trademark, patent, trade secret, or other intellectual property, (iv) slander, libel, defamation, or use of content that is obscene, pornographic, vulgar or offensive, (v) use of content that promotes discrimination, bigotry, racism, hatred, harassment, violence, or harm against any individual or group, and (vi) content that promotes illegal or harmful activities or substances;
Advertising to, or solicitation of, any user to buy or sell any products or services;
Attempting to impersonate, or impersonating, another user or entity;
Using a false email address, phone number, postal address, or contact information. You are also prohibited from using an email address, phone number, address or contact information of another entity or person without authorization;
Attempting to access or search the Site or engaging in any automated use of the Site, such as using scripts, spiders, crawlers, data mining tools, or the like to collect data, send comments or messages, post on forums, and/or request information;
Attempting to probe, scan, or test the vulnerability of any part of our system or network, or breach any security or authentication measures;
Interfering with, disrupting, or creating an undue burden on our Site or the underlying networks;
Accessing or tampering with non-public areas of the Site, our computer systems, or the technical delivery systems of our providers;
Avoiding, bypassing, removing, deactivating, impairing, descrambling otherwise circumventing any technological measure implemented by us or our providers or any other authorized third party to protect the Site;
Using mega tags or other hidden text or metadata utilizing a Company trademark, logo, URL, or product name without our express written consent;
Using information or scraping information from our Site for any purpose whatsoever;
Using the Site to send altered, deceptive, or false source-identifying information;
Attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site;
Interfere with, or attempt to interfere with, the access of any user, host or network, including without limitation, sending a virus, overloading, flooding, or spamming the Site;
Collecting or storing any personally identifiable information from the Site from other users of the Site without their express permission;
Using our Site in a manner inconsistent with any and all applicable laws and regulations; and
Encouraging or enabling any other individual to do any of the foregoing.

Links to Other Sites

Upfunding may establish on Site links and pointers to websites that are operated and maintained by third parties (each, a “Third Party Site”). These links are provided solely as pointers to information on topics that may be useful to you. However, the establishment of any link to a Third Party Site is not a recommendation or endorsement by Upfunding of any products, services, information, goods, ideas, or opinions that may be found on any Third Party Site.

Upfunding makes no warranties, either express or implied, concerning the content of any Third Party Site, including regarding the accuracy, completeness, reliability, or suitability thereof for any particular purpose. Upfunding does not warrant that any Third Party Site is free from any claims of copyright, trademark, or other infringement. Upfunding does not warrant that any Third Party Site is free from any viruses or other contamination.

You understand that Third Party Sites may have a privacy policy that is different from that of Upfunding and that Third Party Sites may provide less security than our Site. The choice to access a Third Party Site, or to purchase or otherwise use any of the products or services advertised or provided on a Third Party Site, is yours, in your sole discretion.

Disclaimer of Warranties

BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR, AS WELL AS OTHER FACTORS, UPFUNDING IS NOT RESPONSIBLE FOR ANY ERRORS IN OR OMISSIONS FROM THE CONTENT MADE AVAILABLE ON THE SITE. YOU ACKNOWLEGE THAT NEITHER UPFUNDING NOR ANY OF ITS EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE PRODUCTS, SERVICES, OR CONTENT ON THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. ALL CONTENT IS PROVIDED “AS IS” TO THE USER OF THE SITE, WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR ANY PARTICULAR PURPOSE, OR FREEDOM FROM COMPUTER VIRUS.

Limitation of Liability

IN NO EVENT SHALL UPFUNDING OR ANY OF ITS EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS BE LIABLE FOR ANY DAMAGES, LOSSES, OR LIABLITIES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, LOSSES, OR EXPENSES ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF THE SITE, YOUR RELIANCE ON THE CONTENT, OR ANY FAILURE OF AVAILABILITY OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OF SYSTEM FAILURE, EVEN IF UPFUNDING OR ITS EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES.

Your Consent

BY SUBMITTING YOUR PERSONAL INFORMATION TO UPFUNDING, OR BY UPFUNDING RECEIVING YOUR PERSONAL INFORMATION FROM THIRD PARTIES, YOU ARE CONSENTING TO THE COLLECTION AND PROCESSING OF YOUR PERSONAL INFORMATION IN THE UNITED STATES AND TO UPFUNDING’S USE OF YOUR PERSONAL INFORMATION AND ANY RELATED INFORMATION IN THE MANNER DESCRIBED IN THIS PRIVACY POLICY, INCLUDING THE TRANSMISSION TO, AND STORAGE AND PROCESSING OF YOUR PERSONAL INFORMATION BY US OR THIRD PARTIES OUTSIDE THE UNITED STATES. IF YOU ARE SUBMITTING PERSONAL INFORMATION ABOUT THIRD PARTIES TO UPFUNDING, YOU WARRANT AND REPRESENT YOU HAVE THEIR CONSENT TO PROVIDE THEIR PERSONAL INFORMATION TO UPFUNDING AND YOU WILL INDEMNIFY UPFUNDING AND HOLD UPFUNDING HARMLESS FROM AND AGAINST CLAIMS BY SUCH INDIVIDUALS RELATING TO UPFUNDING’S PROCESSING AND USE OF SUCH PERSONAL INFORMATION WITHIN OUR TERMS OF USE AND PRIVACY POLICY.

Indemnification

You agree to defend, indemnify, and hold Upfunding and its shareholders, directors, officers, employees, agents, and independent contractors harmless from and against all claims and expenses, including attorney’s fees, arising out of your violation of these Terms of Use or your misuse of the Site, its content, or any of the products or services provided through the Site.

Governing Law and Jurisdiction

These Terms shall be construed in accordance with the laws of the State of Florida without regard to its conflict of laws rules. Any dispute arising out of or in connection with these Terms of Use, including but not limited to any question regarding its existence, interpretation, validity, performance, or termination, or any dispute between you and Upfunding (the “Parties”) arising from the relationship created by these Terms of Use, shall be referred to and finally resolved by arbitration administered by the American Arbitration Association under its rules. The number of arbitrators shall be one (1). The Parties shall endeavor to agree upon the sole arbitrator and jointly nominate the arbitrator. If the Parties cannot agree upon the sole arbitrator within a time prescribed by AAA, the Parties shall request the AAA to propose five (5) arbitrators and each Party shall rank the proposed arbitrators. The AAA shall appoint an arbitrator from the list of five (5), based upon the Parties’ rankings. The seat, or legal place of arbitration shall be the State of Florida, United States. You waive your rights to be in a class action, as a representative and a member

Notwithstanding the foregoing, Upfunding has the right to pursue equitable relief in the state and federal courts located in the State of Florida, you agree to the exclusive jurisdiction and venue of such courts.

Severability and Waiver

In the event that any of the terms or provisions of this Terms of Use is held to be unenforceable, the remaining terms and provisions shall be unimpaired, and the unenforceable term or provision shall be modified or replaced with an enforceable term or provision that comes as close as possible to the intention of the term or provision deemed unenforceable.

Upfunding does not waive any of its rights under these Terms of Use unless the waiver is written and signed by a duly authorized representative of Upfunding. Any waiver of any breach of any provision of these Terms of Use shall not be construed as a waiver of any continuing or succeeding breach of such provision or a modification of the provision.

To receive further information regarding use of the Site, please contact us at:

Inmediato LLC

3201 NE 183rd Street

Unit 307

Aventura, FL 33160

United States

Phone: (+1) 786 640 3394

Email: [email protected]