Updated and Effective as of: November 27, 2023

Introduction

Welcome to WorkingCapital. Before you utilize our website, mobile apps, or any of our diverse channels and services, we urge you to carefully review our Service Agreement. This document is crucial, particularly Section 16, which details our Dispute Resolution process involving mandatory arbitration and the waiving of certain legal rights like jury trials and participating in class actions. Accepting these terms means agreeing to individual arbitration for disputes, foregoing judge or jury decisions, and refraining from class or representative actions.

Acceptance and Updates

These Terms of Service are valid from the stated Effective Date or, when required by law, 30 days after we notify you. If these terms, including the dispute resolution process, are unacceptable to you, the only recourse is to not use our services. Continued use of our services post-Effective Date implies your acceptance of these terms. Working-Capital.com, owned and operated by Working Capital, LLC, is committed to delivering an engaging experience while safeguarding our and our users’ rights. These Terms, binding upon you and WorkingCapital, outline the permissible use of our website and other digital offerings like mobile sites, apps, social media, and more. In certain cases, specific channels may have additional terms, which these will complement.

Eligibility and Privacy

Our services are designed for users 16 years and older. If you’re under the age of consent as per your local laws, a parent or guardian must accept these terms on your behalf. For details on how we handle personal information, please review WorkingCapital’s Privacy Statement.

Content Usage

1.1 The comprehensive array of content on our platforms, including text, images, audio, and video, is protected by copyright and other rights. It’s the intellectual property of WorkingCapital and its partners. Usage of this content is strictly as per these Terms.

1.2 Trademarks and patents, like the “WorkingCapital” mark, are also protected and cannot be used without prior written consent from us.

1.3 The content is available for your personal, non-commercial use. You may download or print content for such use, ensuring no modification of any proprietary notices.

1.4 For uses beyond what’s outlined here, please seek permission as directed on our platforms.

1.5 Your access to our content is facilitated partly by advertising. You agree not to interfere with the display of these advertisements.

1.6 We respect others’ intellectual property rights. If you believe there’s a violation on our platforms, please contact us at our designated address with detailed information.

Prohibited Uses

2.1 Your access to our platforms comes with the responsibility to use them only as expressly allowed. Without our written consent, you must not modify, redistribute, or misuse our content or intellectual property. Violating these terms can result in termination of access.

Account Management

3.1 Registration on our platforms is optional but may be necessary for certain features. All information provided must be accurate and truthful. By registering, you agree to our Privacy Statement.

3.2 You are responsible for all activity under your account and must safeguard your credentials. Sharing or transferring accounts is not permitted.

Content Providers

4.1 Our platforms may feature content from external providers. While we aim for accuracy, the responsibility for this content lies with its providers. We are not liable for errors or omissions in this content but reserve the right to remove it at our discretion.

User Contributions and Interactive Features

5.1 Our website and channels offer interactive areas to engage in discussions, search for information, and share thoughts and ideas. While participating, it’s important to protect your safety by avoiding sharing personal details like phone numbers and addresses in public areas. While WorkingCapital may modify or delete content, there is no obligation to monitor user-generated content. Opinions and outputs from generative AI searches are users’ own and are not endorsed by WorkingCapital.

Feedback and Surveys

5.2 Your feedback, such as survey responses, is voluntary and governed by these Terms and our Privacy Statement. We may use your feedback at our discretion without obligation or compensation to you.

Content Posting Guidelines

5.3 When posting content, you affirm that you own or have rights to the content, that it’s lawful and compliant with these Terms, and that it won’t harm others or infringe on any rights. You are solely responsible for your posts and interactions on our platforms.

Rights to User-Generated Content

5.4 By posting content, you grant WorkingCapital a broad license to use, modify, and distribute your content. This includes the right to make the content searchable by other users. We may use this content without compensation or attribution to you.

Unsolicited Submissions Policy

5.5 We do not accept unsolicited materials or ideas for use or publication. We are not responsible for any similarities between our content and user-submitted ideas.

Generative AI Search Usage

5.6 Use our generative AI search features responsibly. Do not input personal information. Acknowledge that outputs may be inaccurate and should not be solely relied upon.

Community Participation Rules

6.1 Interactive areas are for diverse and respectful public discourse. We reserve the right to remove content at any time. Posts should not:

• Contain unlawful or offensive content.
• Discriminate against any group.
• Be defamatory, fraudulent, or violate any rights.
• Violate any laws or promote illegal activities.
• Interfere with others’ use of our platforms.
• Advertise or offer trades unless in designated areas.
• Misuse others’ accounts or information.
• Introduce harmful software or disrupt website security.
• Spam or impersonate others.
• Collect or store personal information without consent.

Violations of these rules can lead to legal action. We may disclose information for legal or regulatory compliance.

Website Security Standards

7.1 Do not attempt to breach the security of our website or channels. This includes unauthorized access, testing vulnerabilities, disrupting services, forging communications, or scraping data. Such violations may result in legal consequences. We will investigate and cooperate with law enforcement on such matters.

Third-Party Interactions

8.1 Interactions or transactions on our website and channels involving third parties are between you and those third parties. This includes transactions or purchases through third-party partners and vendors. WorkingCapital is not liable for any issues arising from these third-party interactions. We advise you to review and understand the policies of these third parties before engaging in transactions. Direct any complaints or inquiries related to third-party materials to the respective third party.

Affiliate Marketing Disclosure

8.2 WorkingCapital participates in affiliate marketing and may include affiliate links on our website or channels. We earn commissions from purchases made through these links. You’re transacting directly with third parties when using these links, not with WorkingCapital. We encourage you to review these third parties’ terms and privacy policies, as WorkingCapital does not guarantee or assume responsibility for their actions or offerings.

Software Usage

9.1 Software available for download from our platforms is protected under copyright. Usage is subject to the accompanying License Agreement. Users must agree to the License Agreement before using the software. Distribution of this software may be restricted in certain regions.

International Use Compliance

10.1 Our website and channels are operated from the United States. We do not claim that our content is suitable or legal outside the U.S. Accessing our platforms from locations where the content is illegal is prohibited. Users accessing from outside the U.S. must comply with local laws, including U.S. export laws and regulations.

Email Communications

11.1 Notifications or disclosures sent to the email address you provide to us are considered sufficient to meet any legal requirements for written communication.

Modifications to Terms and Services

12.1 WorkingCapital reserves the right to modify these terms and our services at any time without notice. Such changes are effective immediately upon posting. Continued use of our website or channels following changes indicates your acceptance of these modifications. We may also restrict access to certain parts of our platforms or introduce fees for access without notice.

Availability of Filtering Software

13.1 Parental control tools, like filtering software, are available commercially to help limit access to content harmful to minors. Information on such tools can be found in reports like the Children’s Internet Protection Act.

Disclaimer of Warranties

14.1 Use of our website, channels, and content is at your sole risk. Everything on our website and channels is offered “as is” or “as available,” without any warranty. WorkingCapital is not responsible for the content of external services linked to our website and channels. We do not endorse or take responsibility for external services’ content, accuracy, or other materials. We are not liable for any damages or losses resulting from reliance on external services. Content on our website and channels may have inaccuracies or errors. Changes and improvements may be made at any time. Our search function is provided without responsibility for the content’s accuracy or completeness. To the fullest extent permitted by law, we disclaim all warranties, including implied warranties of merchantability and fitness for a particular purpose, regarding our website and channels’ content, services, and products. We do not warrant uninterrupted or error-free functions, correction of defects, or the absence of harmful components in our website and channels. Users bear all costs for necessary maintenance and repair. Our content is not intended to be financial, medical, tax, or legal advice, nor an offer or recommendation to buy or sell any security or investment.

Indemnity and Limitation of Liability

15.1 By using our website and channels, you agree to indemnify and hold harmless WorkingCapital and its affiliates from any claims and damages arising from your use of our platforms, the content you provide, or violations of these Terms. If you are dissatisfied with our content or terms, your only remedy is to stop using our website and channels.

15.2 WorkingCapital and its affiliates will not be liable for any damages, including direct, indirect, incidental, special, punitive, or consequential damages, resulting from the use or inability to use our content, website, or channels. This includes damages from unauthorized access or alterations of your transmissions or data. You acknowledge that WorkingCapital is not responsible for any user conduct.

Dispute Resolution and Binding Arbitration Agreement

Agreement to Resolve Disputes

16.1 You and WorkingCapital agree to resolve any disputes, including those related to the Website, WorkingCapital Channels, these Terms, and any applicable user agreements, through the process outlined in this Section 16. This applies to all disputes, regardless of when they occurred. However, disputes already in legal action before accepting these Terms are exempt.

Class Action and Jury Trial Waiver

16.2 By accepting these Terms, you waive the right to a jury trial or to participate in class actions. Claims against WorkingCapital must be made individually, not as part of any class or representative proceeding.

Time Limit and Relief for Claims

16.3 Any claim related to our website, channels, or these Terms must be filed within one year of its occurrence. Your remedies are limited to monetary damages, and injunctive or equitable relief is not available.

Applicable Law

16.4 These Terms are governed by New Mexico law. Disputes about the Mandatory Arbitration Provision are decided under the Federal Arbitration Act.

Venue for Court Actions

16.5 Court actions, when allowed, will be under the exclusive jurisdiction of New Mexico state courts.

Initial Dispute Resolution Process

16.6 Disputes should first be addressed through consultation and good faith negotiation. Written notice of a dispute must be sent to the other party, followed by a meeting, either in person or virtually, to try to resolve the issue informally. This process tolls any statute of limitations.

Mandatory Arbitration

16.7 If the dispute is not resolved informally, it will be settled by binding arbitration. The arbitrator will be a mutually selected former judge with relevant experience. Failure to follow the Informal Dispute Resolution Process can lead to dismissal of the arbitration.

Arbitration Costs

16.8 WorkingCapital will cover certain arbitration costs to ensure it’s not cost-prohibitive for you. In arbitrations initiated by us, we will pay all arbitration costs, except for your attorney fees.

Small Claims Court Option

16.9 Disputes within the jurisdiction of small claims court can be brought there, with any appeals subject to arbitration.

Court Resolution if Arbitration Prohibited

16.10 If arbitration is prohibited by a court, disputes will be resolved in New Mexico state or federal courts under New Mexico and U.S. law.

Intellectual Property Claims

16.11 In cases of intellectual property rights violations, we may seek court relief in New Mexico.

No Opt-Out Rights

16.12 You cannot opt out of this Dispute Resolution section. Your only option, if you disagree, is to stop using our services.

WorkingCapital’s Right to Terminate Arbitration Agreement

16.13 WorkingCapital may terminate its agreement to this arbitration section at any time, which will not affect ongoing disputes.

Survival of Arbitration Agreement

16.14 This arbitration agreement remains in effect even after your relationship with WorkingCapital ends.

General Provisions and Terms Integration

17.1 These Terms encompass all other notices, policies, disclaimers, and terms included on the Website and WorkingCapital Channels. In case of any conflict, these Terms prevail, except where explicitly stated otherwise. However, WorkingCapital’s Privacy Statement takes precedence over any conflicting terms in this Agreement.

Validity and Enforceability

17.2 Should any part of these Terms be found unlawful or unenforceable, it will not impact the validity and enforceability of the remaining provisions. Failure by WorkingCapital to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Neither regular conduct between the parties nor trade practices will modify any Terms provision. The section titles in this Agreement are for convenience only and have no legal effect. Upon termination of these Terms, certain provisions, notably those concerning content usage limitations, licenses granted to WorkingCapital, and other appropriately survivable provisions, will remain in effect. WorkingCapital can assign its rights and obligations under these Terms to any party at any time without prior notice.

Service Contact Information

18.1 For any inquiries or issues with the Website, please contact help@working-capital.com.