Terms of Use

Thank you for visiting our website located at www.kudofunding.com (the “Site”) and for your interest in Kudo Capital, LLC d/b/a/ Kudo Funding (sometimes hereinafter referred to as “Kudo Funding”, “we”, “our”, “us”, or “Company”). As a condition of using this Site we require that you agree to each of the terms and conditions of use and notices stated below. If you do not agree without modification, please discontinue use of this Site. Also, please note that separate Terms of Use may apply to the www.kudo-capital.com web page.

 

Please note that your application for funding with Kudo Funding is subject to a separate agreement that will be provided to you upon application.

 

  1. To access certain features of the Site, you may need to register for an account and to provide us certain documentation or information, including information about your identity, finances, and business performance. By creating or accessing a user account, submitting a request for commercial financing, and/or otherwise using the Site, you represent and warrant that: (i) you are 18 years old or older and are fully able to enter into a binding agreement; (ii) all information and/or documentation you submit is true, accurate, current, and complete; (iii) you will update such information, as necessary, to keep it true, accurate, current, and complete; and (iv) the information belongs to you and does not infringe or violate any patents, copyrights, trademarks or other intellectual property, proprietary or privacy rights of any third party.

 

  1. The content and information displayed on this Site (“Kudo Funding Information”) is the property of Kudo Funding and/or other parties. You agree that downloading, reproducing, or transmitting Kudo Funding Information is strictly prohibited (except to the extent conducted for non-commercial individual use).

 

  1. This Site may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights of Kudo Funding and/or other parties. You are not granted any license to use or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of Kudo Funding and/or other parties.

 

  1. You agree that you will not use any device, software or other instrumentality to interfere with the proper working of this Site (including causing any unreasonable or disproportionate burden on our infrastructure). In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Site or the content contained herein without the prior written consent of an authorized Kudo Funding representative.

 

  1. ALL KUDO FUNDING INFORMATION AND ANY OTHER INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. KUDO FUNDING MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SITE IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS OUR SITE, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OR THROUGH THE SITE OR WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. KUDO FUNDING MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THIS SITE OR KUDO FUNDING INFORMATION WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN ON THIS SITE WILL BE CORRECTED.NEITHER US NOR ANY OF OUR SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS (“COMPANY PARTIES”) SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THIS SITE OR ANY MATERIALS, OPINIONS OR RECOMMENDATIONS OF THIRD PARTIES ON THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AGAINST US AND THE COMPANY PARTIES ARISING DIRECTLY OR INDIRECTLY OUT OF YOUR USE OF THIS SITE. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

 

  1. You agree to defend, indemnify and hold harmless Kudo Funding, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms of Use; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Use and your use of the Site.

 

  1. With respect to all communications you make to Kudo Funding regarding Kudo Funding Information, including but not limited to feedback, questions, comments, suggestions and the like that you provide on the Site, e-mail, text messages, telephone or social media: (a) you shall have no right of confidentiality in your communications and Kudo Funding shall have no obligation to protect your communications from disclosure; (b) Kudo Funding shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (c) Kudo Funding shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.

 

  1. Kudo Funding reserves the right to make changes, corrections, cancellations and/or improvements to Kudo Funding Information and to the products and programs described in such information, at any time without notice, including after confirmation of a transaction.

 

  1. Kudo Funding is a company domiciled in the United States and is prohibited from providing services to certain “prohibited persons” that are government officials or residents of certain embargoed countries, or other individuals whose names are published on lists maintained by United States government agencies.

 

  1. This Site may contain links to external websites not controlled by us. We are not responsible for the privacy practices and data collection policies for third party sites. You should consult the privacy policies of those sites for details. In addition, because Kudo Funding has no control over such websites and resources, you acknowledge and agree that Kudo Funding is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources.

 

  1. The Site is meant for individuals within the United States and is subject to United States law. Kudo Funding only knowingly collects information from individuals within the United States. If you provide information to us from outside of the United States, you do so at your own risk. If you are outside of the United States, you are responsible for complying with any local laws regarding use of the Site and related data collection. Kudo Funding may disclose information about you (including Personal Information) if we believe in good faith: (1) it is required by law or as part of a legal process; (2) it allows us to protect and enforce our legal rights, including but not limited to, to limit harm or damages to Kudo Funding, Kudo Funding property, and/or Kudo Funding personnel; (3) it is needed to respond to a governmental or law enforcement investigation or request; (4) it is needed to protect the safety, property, and/or other legal rights of Kudo Funding and its employees, Site visitors, and/or other members of the public; and/or (5) to respond to any other situation deemed an emergency by us.

 

  1. Any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with the laws of the State of California.

 

  1. We may update these Terms and Conditions of Use from time to time. By using the Site, you (on behalf of yourself and your organization, if applicable) are expressly agreeing to the terms and conditions of the then-posted version of these Terms and Conditions of Use.

 

  1. If you would like to view the privacy practices that govern how we process Personal Information (“Personal Information”) about you on this Site, please review our Privacy Policy. By using our Site, you consent to your Personal Information being processed as set out in our Privacy Policy.

 

Last updated 8/9/2024

Contact Us

Terms of Use

Privacy Policy

Accessibility Statement

All rights reserved. Copyright © 2024 Kudo Funding