Privacy Policy

Overview

Thank you for choosing to be part of our community at Finitive LLC (the "Company", "we", "us", or "our"). If you have any questions or concerns about this Privacy Policy, or our practices with regards to your personal information, please contact us at [email protected]

Finitive.com is a marketplace for institutions that are seeking to invest and corporations that seek to borrow. Finitive.com is NOT a site or service for any individual. Notwithstanding, when individuals visit our website Finitive.com, mobile application, and use our services, we may receive certain limited personal information about them. We understand that you take your privacy very seriously and we are committed to protecting your personal information and your right to privacy. Please take time to carefully read this privacy notice wherein we describe our Privacy Policy. We seek to explain to you in the clearest way possible what information we, as a data controller, may collect from you and our practices for collecting, using, maintaining, protecting and disclosing that information as well as what rights you have in relation to it. This Privacy Policy applies to all information collected through our website (such as Finitive.com) (“Apps”), and/or any related services, sales, marketing or events (we refer to them collectively in this privacy policy as the “Sites”).

Acceptance of Privacy Policy

You acknowledge and agree that by visiting, using or accessing the Apps and/or Sites in any manner, you accept the practices and policies outlined in this Privacy Policy, and you consent to the procedures we employ to collect, use, and share your information as outlined in this Privacy Policy. If you do not consent to any of the terms or procedures described in this Privacy Policy, you should NOT access or use any of the Services.

Updates & Changes to Privacy Policy

We reserve the right to, in the Company’s sole discretion, change, amend or modify the Privacy Policy at any time to reflect changes in our data and information practices. If we modify or update this Privacy Policy, we will post changes and updates on the Apps and/or Sites so that you will always be aware of what information we collect, use and disclose. Even if you do not receive a notification regarding any updates to the Privacy Policy, the amended terms of the Privacy Policy will govern your use of the Apps and/or Sites. You are responsible for reviewing and understanding the Privacy Policy and any modifications to it. Accessing or using the Services in any way following a change to the Privacy Policy indicates your acceptance and consent to the amended policy. Use of information we collect is subject to the Privacy Policy in effect at the time such information is collected. The date of the last update of the Privacy Policy is indicated at the top of this Privacy Policy.

What Does This Privacy Policy Cover?

“Personal Information” is all data or information that the Company gathers when you access or use the Services, which can be used to (i) identify you, either directly or indirectly, or (ii) contact you. This Privacy Policy covers our treatment of all Personal Information, including that which you voluntarily submit to us and/or are required to submit pursuant to applicable law, that which is automatically generated and that which we obtain from our partners or other third parties. This Privacy Policy does not cover the practices of companies we do not own or control, or people that we do not manage.

Privacy Policy Table of Contents
1. What information do we collect?
2. How do we use your information?
3. Will your information be shared with anyone?
4. Do we use cookies or other tracking technology?
5. How long do we keep your information?
6. How do we keep your information safe?
7. Do we collect information from minors?
8. What are your privacy rights?
9. California Disclosures
10. Do California residents have special rights?
11. Do we update this policy?
12. How can you contact us about this policy?


1. What information do we collect?
Information automatically collected
In Short: Some information - such as IP address and/or browser and device characteristics - is collected automatically when you visit our Sites or Apps.

We automatically collect certain information when you visit, use or navigate the Sites or Apps. Most importantly, all activity on our site is in relation to a corporation. Individuals interact with our platform only in the context of the corporation, never in an individual capacity. We do not share information amongst visitors=. In addition, this information is not intended to reveal your specific identity but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Sites or Apps and other technical information. This information is primarily needed to maintain the security and operation of our Sites or Apps, and for our internal analytics and reporting purposes.

We also seek to enhance user experience through the use of cookies and similar technologies to maintain state and session level information. We do not share any of the data we collect, with anyone or any other party without the express approval of all parties involved. It is possible for two parties (an investor and an originator) may enter into a non-disclosure agreement with each other to mutually share confidential information about each other, provided both parties consent and approve. We do not make lists available to any party at any time. Our services are designed to help institutional investors connect with corporate borrowers.

We receive and record certain types of information automatically, such as whenever you interact with or access the Services. For example, we automatically receive and record information from your browser, including your IP address, your geographic location, device type and unique device identification numbers, and technical data collected through cookies (as discussed below), pixel tags and other similar technologies that identify your browser.

“Cookies” are small data files placed on your browser, computer or other devices when you visit certain websites, which are intended to recognize your device when you return to our website or related websites. We use cookies to help us recognize you as a user, collect information about your use of Velocity, and collect information about your computer or other devices. Cookies enable us to better customize our Services and Content for you.

Cookies we place on your browser or device are called “first party cookies.” Cookies set by our partners or other third parties are called “third party cookies.” Cookies set by third parties can recognize your device when you visit the ShortHop website, as well as certain other websites or mobile applications.

Cookies can either be “session cookies” or “persistent cookies.” Session cookies are temporary: they stay on your device only while you are visiting our website or accessing our Services.

“Persistent cookies” stay on your browsing device until they expire or are deleted.

We—and our affiliates and/or service providers—use the following types of cookies:

Essential Cookies: Essential cookies allow you to navigate and use certain features of our Services. For example, certain essential cookies enable you to access secure areas of our Services. Without these cookies, some Services may be unavailable to you.
Functional Cookies: Functional cookies allow us to record your choices and settings regarding our Services. These cookies help us personalize our content for you, greet you by name, and remember your preferences.
Performance/Analytics Cookies: Performance/analytical cookies allow us to understand how you use our Services and website. For example, these cookies register information about the number of visitors to the website, the most frequently-viewed pages on our website and the length of time users view particular pages on our site.


If you choose to prevent or limit your device’s acceptance of cookies on your browser or device, you may not be able to use or access all of our Services. If you do not consent to the placing of cookies on your device, do not access or use our Services.


We may also collect information from publicly available sources. We do not link information obtained from Cookies to other personal information.


Information collected through our Apps
In Short: We may collect information regarding your geo-location, mobile device, push notifications, when you use our apps.

If you use our Apps, we may also collect the following information:

Geo-Location Information. We may request access or permission to and track location-based information from your mobile device, either continuously or while you are using our mobile application, to provide location-based services. If you wish to change our access or permissions, you may do so in your device's settings.

Mobile Device Access. We may request access or permission to certain features from your mobile device, and if you wish to change our access or permissions, you may do so in your device's settings.

Push Notifications. We may request to send you push notifications regarding your account or the mobile application. If you wish to opt-out from receiving these types of communications, you may turn them off in your device's settings.

Information collected from other sources
In Short: We may collect limited data from public databases, marketing partners, and other outside sources.

We may obtain information about you from other sources, such as public databases, joint marketing partners, as well as from other third parties, to expedite the completion of required forms. Examples of the information we receive from other sources include: social media profile information; marketing leads and search results and links, including address, number of employees, financial and legal news articles, numbers of years in business, and paid listings (such as sponsored links).

Information submitted by you
In Short: We may collect information provided and input by you via our Sites and/or Apps.

We may request certain information from you during the process to complete questionnaires and documentation required to do business with you.

2. How do we use your information?
In Short:  We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.

We use corporate information collected via our Sites or Apps for a variety of business purposes described below. We process your information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.

We use the information we collect or receive:
• To protect our Sites. We may use your information as part of our efforts to Keep our Site safe and secure (for example, for fraud monitoring and prevention).
• To enforce our terms, conditions and policies.
• To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
• For other Business Purposes. We may use your information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Sites, products, services, marketing and your experience.


3. Will your information be shared with anyone?
In Short: We only share information with your consent, to comply with laws, to protect your rights, or to fulfill business obligations.

We may share data based on the following legal basis:

Consent: We may process your corporate data for specific purpose.

Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.

Performance of a Contract: Where we have entered into a contract with you, we may process your corporate information to fulfill the terms of our contract.

Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).

Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

More specifically, we may need to process your data or share your personal information in the following situations:
Business Transfers. We may share or transfer your information in connection with, or during negotiations of, referral, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

As Required By Law: We reserve the right to access, read, preserve, and disclose any Personal Information to comply with law or court order, including to verify your identity, prevent and detect fraud and crime, conduct or cooperate in investigations of fraud or other illegal activity, enforce or apply our Terms or protect the rights, property, or safety of the Company, our employees, our users, or others.

In Annonymized Form: We reserve the right to access, read, preserve, and disclose any Personal Information to comply with law or court order, including to verify your identity, prevent and detect fraud and crime, conduct or cooperate in investigations of fraud or other illegal activity, enforce or apply our Terms or protect the rights, property, or safety of the Company, our employees, our users, or others.


4. Do we use cookies or other tracking technology?
In Short: We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. You can find additional details regarding cookies above in Question 1.


5. How long do we keep your information?
In Short:  We keep your information for as long as necessary to fulfill the purposes outlined in this privacy policy unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy policy, to perform our contractual and legal obligations, and for any applicable statute of limitations periods unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements).


6. How do we keep your information safe?
In Short: We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented reasonable and commercially viable physical, technical and organizational security measures designed to protect the security of any sensitive information we process. However, we cannot guarantee that the Internet itself is 100% secure or that all transmission of data over the Internet is completely secure or error-free. Although we will do our best to protect your corporate information, transmission of sensitive information to and from our Sites and/or Apps is at your own risk. You should only access the services within a secure environment.

We cannot guarantee complete security of the sensitive information we hold in our records. For that reason, you acknowledge and agree that you are responsible for safeguarding, protecting—and preventing unauthorized access to—your Personal Information and your account within the Sites and/or Apps. You agree to protect the password for, and any other security information related to, your access to the Sites and/or Apps, to limit access to the computer(s) or device(s) you use to access the Sites and/or Apps, and to sign out of the Sites and/or Apps after you have completed accessing them.

We will not be liable for privacy violations that arise from your errors or negligent use of the Sites and/or Apps or for processes and networks that we do not control and for unauthorized access to information by those who have gained access through unlawful means.

If you suspect that your Personal Information or your access to the Sites and/or Apps has been compromised, contact us immediately at [email protected]


7. Do we collect information from minors?
In Short: We do not knowingly collect data from or market to anyone under 18 years of age.

We do not knowingly solicit data from or market to anyone under 18 years of age. If you are under 18, do NOT attempt to access or use the Services and do NOT send any Personal Information to us. By using the Sites or Apps, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent's use of the Sites or Apps. If we learn that corporate information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children under age 18, please contact us at the information below.


8. What are your privacy rights and choices?
In Short: In some regions, such as the European Economic Area, you have rights that allow you greater access to and control over your corporate information. You may review, change, or terminate your account pursuant to its terms at any time.

It is your right not to disclose Personal Information to us. However, where you fail to provide Personal Information required by law or otherwise required to use the Sites and/or Apps, we may not be able to register you to use or access the Sites and/or Apps.

You have the right, through your access to the Sites and/or Apps, to access and view certain Personal Information you provided to us, including your name and password, your email address, your transaction history and information relating to your use of the Sites and/or Apps.

European Privacy Rights and Choices

If you reside or otherwise find yourself in the territory of Europe, we are committed to facilitate the exercise of your rights granted by the European data protection laws. Otherwise you can contact us at any time to discuss your privacy concerns.

Privacy rights under the European data protection law include:

• Transparency and the right to information. Through this policy we explain how we use and share your information. However, if you have questions or need additional information you can contact us any time.
• Right of access, restriction of processing, erasure. You may contact us to request information about the personal data we have collected from you and to request the correction, modification or deletion of such personal information, which requests we will do our best to honor subject to any legal, ethical and contractual obligations. To make a request or to ask us a question about our data practices, please contact us via email at [email protected]
• Right to withdraw your consent at any time. When we process your personal data based on your consent, you have the right to withdraw it at any time.
• Right to object at any time. You have the right to object at any time to receiving marketing or promotional materials from us by either following the opt-out instructions in commercial e-mails or by contacting us, as well as the right to object to any processing of your personal data based on your specific situation. In the latter case, we will assess your request and provide a reply in a timely manner, according to our legal and contractual obligations. Some non-marketing communications are not subject to a general opt-out, such as communications about transactions and disclosures to comply with legal or ethical requirements.
• Right to data portability. You have the right to data portability of your own personal data by contacting us.
• Right not to be subject to an automated decision, including profiling. We do not make automated decisions using your personal data that may negatively impact you.
• Right to lodge a complaint with a supervisory authority. If you consider that the processing of your personal data infringes your privacy rights according the European Privacy regulation, you have the right to lodge a complaint with a supervisory authority, in the member state of your habitual residence, place of work, or place of the alleged infringement. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm

Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can:

• Log into your account settings and update your account profile information.
• Upon your request to terminate your account, we will deactivate your account. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.

Cookies and similar technologies:

Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Sites and/or Apps.


9. California Disclosures
In Short: If you are a resident of California, you are granted specific rights regarding access to your personal information.

California Information-Sharing Disclosure: California residents may request a list of all third parties with respect to which we have disclosed any information about you for direct marketing purposes and the categories of information disclosed. If you are a California resident and want such a list, please send us a written request by email to [email protected] with “California Privacy Rights” in the subject line.

California Right to Object. If you are a California resident, to the extent provided under California law, you may object in writing to the sale or other sharing of your personal information, and we will refrain from doing so without an economic impact on you, except to the extent, if any, that our inability to make use of your data impacts the economic value of our business relationship.

California Do Not Track Disclosure: We do not currently recognize or respond to browser-initiated Do Not Track signals as there is no consistent industry standard for compliance. Depending on the browser you are using, you may be able to choose to block third party cookies or browse in a private browsing mode. The Sites and/or Apps are accessible even when private browsing is turned on. The information we collect is governed by this Privacy Policy.


10. Information about International Transfers

The Company is located in, and the Sites and/or Apps are administered from, the United States. If you are visiting our Site from outside the United States, please be aware that your information will be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States might not be as comprehensive as those in your country. By visiting our Sites and/or Apps or using our services, you understand that your information will be transferred to our facilities and those third parties with whom we share it as described in this Privacy Policy.


11. Links to Other Sites

We may include links to third party sites on the Sites and/or Apps. The inclusion of any link does not imply that we endorse the products and services offered at such linked site. These third party sites have separate and independent privacy policies which we encourage you to review. We therefore have no responsibility or liability for the content and activities of these linked sites.


12. How can you contact us about this policy?

If you have questions or comments about this policy, you may contact us by email at [email protected], or by certified mail to:

Finitive Holdings, Inc.
The MetLife Building
200 Park Avenue, 17th Floor
New York, NY 10166
United States

Last Updated: 18 July 2019


Terms of Use

1. Website Operation

Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the http://www.finitive.com website operated by Finitive LLC ("us", "we", or "our").


2. Your Use of the Site

This User Agreement sets forth the terms and conditions which govern your access and use of the Site and of the Content (as defined below) and the services and functionality made available on or through the Site (collectively, the “Services”) whether as a guest or a registered user.

Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Services.

By accessing or using the Services you agree to be bound by these Terms. By browsing, accessing, or otherwise using the Services in any manner, you hereby accept, without limitation or qualification, (1) the Terms of Use and (2) the Privacy Policy for the site (the “Privacy Policy”). If you do not agree to these Terms of Use or the Privacy Policy, please do not use the Services and exit now. Further, if you do not agree to these Terms of Use or the Privacy Policy, you agree that your sole and exclusive remedy is to discontinue using this Site.


3. Updates/Revisions

Please review the terms of use periodically. We reserve the right, in our sole discretion, to update or revise these Terms of Use at any time. By using or accessing the Site, you agree that we may modify the Terms of Use or the Site at any time without prior notice. You further agree that we will have no further obligation to notify you of any modifications and such updates or modifications shall become effective immediately upon the posting thereof. Such updates or revisions shall become effective immediately upon the posting thereof. Your continued use of the Site following the posting of updates and/or revisions to the Terms of Use will conclusively indicate and constitute your acceptance of such update and/or revised Terms of Use. The most current version of the Terms of Use can be accessed at any time by selecting Terms of Use link on the bottom of the home page for the Site.


4. Security of your Username/Password

Access to the certain areas of the Services (“User Restricted Areas”) is enabled only by username and password. You shall maintain your password in strict confidence. In no event shall you share your password with any third party or allow another person to access the User Restricted Areas using your password. You shall immediately notify us if you have any reason to believe that your username or password has been lost or compromised or misused in any way. You shall immediately report any unauthorized or suspicious activity in your account. You are fully and solely responsible for any and all use of the Services using your username and password. We reserve the right to revoke or deactivate your username and password if you violate these Terms of Use.


5. Website Content

The Site contains a wide variety of Content (defined below), whether (1) proprietary to Finitive and its affiliates, or (2) proprietary to third parties. “Content” includes, but is not limited to text, data, files, documents, software, scripts, layout, design, function and “look and feel,” graphics, images, audio, videos, audiovisual combinations, interactive features and any other materials that you may view, access or download (but only as expressly permitted in paragraph C below) through the Site.

You acknowledge and agree that all Content, whether publicly posted or privately transmitted, as well as all derivative works thereof, is owned by Finitive, and is protected by copyright, trademark, and other intellectual property laws. Except as specifically permitted herein, Content may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the prior consent of Finitive or such third-party that owns the Content. All rights not expressly granted herein by Finitive and/or its licensors to you are reserved by Finitive and/or its licensors.

You may access and use Content solely for your information, as intended through the provided functionality of the Services and permitted under this User Agreement. Any modification of the Content, use of the Content on any web site or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, without the prior consent of Finitive, is a violation of the copyright, trademark, and other proprietary rights in the Content and is expressly prohibited. You agree not to circumvent, disable or otherwise interfere with security-related features of the Services that prevent or restrict the use or copying of any Content and not to alter, remove, or falsify any attributions or other proprietary designations of origin or source of any Content appearing on the Site. You shall not download any Content unless you see a “download” or similar link displayed by us on the Site for such Content. We do not have an obligation to detect the presence of Harmful Code (as defined in “Restrictions on the use of your Services” below). If you download any Content from the Site, you do so at your own risk. You agree that you are responsible for your own conduct while using the Site or Services and for any consequences thereof. You agree to use the Services only for purposes that are legal, proper and in accordance with these Terms of Use, the Privacy Policy, and any applicable law, rules or regulations (including, without limitation, the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Company Act of 1940, the Investment Advisers Act of 1940, any applicable state “Blue Sky” laws, any other applicable United States federal or state securities laws, regulations and rules, any securities exchange or self-regulatory organization’s rules or regulations, any consumer protection, unfair competition, and anti-discrimination laws or regulations and any applicable foreign laws).


6. Disclaimer

Your use of the Services is at your sole risk and Content is provided to you on an AS IS and AS AVAILABLE basis. You understand that we do not guarantee the accuracy, safety, integrity or quality of Content and you hereby agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the Content, integrity, and accuracy of such Content. Nothing on the Site should be deemed to constitute a recommendation to purchase, sell or hold, or otherwise to constitute advice regarding, any registered or unregistered security.

By accessing Content you acknowledge and agree that Finitive does not give investment advice, endorsement, analysis or recommendations with respect to any securities. All securities posted on this site are being offered by the applicable issuer of such securities (the “Issuer”), and all information included on this site with respect to such securities is the responsibility of the Issuer. Finitive has not taken steps to verify the adequacy, accuracy, or completeness of the information. Neither Finitive nor any of its members, officers, directors, agents and employees makes any warranty, express or implied, of any kind related to the adequacy, accuracy or completeness of any information on this site or the use of information on this site. Certain offerings posted on the platform and so designated are offered by North Capital Private Securities (“NCPS”), Member FINRA/SIPC, located at 623 East Ft. Union Blvd, Suite 101, Salt Lake City, UT 84047. NCPS does not make investment recommendations and no communication, through this website or in any other medium should be construed as a recommendation for any security offered on or off this investment platform. This website is intended solely for qualified investors. Private investments are highly illiquid and risky and are not suitable for all investors. The investments described herein may be highly illiquid and investors should be prepared to hold such investments indefinitely or otherwise to maturity.


7. Non-disclosure and Confidentiality

All information obtained from the Site or information provided to any User by any representative of Finitive, which may include, but is not limited to information about Finitive and its affiliates and their respective clients, borrowers, originators, brokers, licensors and suppliers that may include, but is not limited to the names, business and financial information, business plans, operating agreements, investment memorandums, and customer names of Finitive’s and its affiliates’ clients is confidential in nature (collectively, “Confidential Information”). You agree to maintain and safeguard vigilantly the privacy and security of all Confidential Information.

Confidential Information does not include information that (i) is in the possession of the User at the time of disclosure as shown by the User’s written files and records immediately prior to the time of disclosure; (ii) prior or after the time of disclosure to the User is in the public domain through no fault of the User and not in breach hereof by the User; (iii) is approved by the Finitive or another authorized party, in writing, for release; (iv) was or is hereafter received by the User from a third party who, to the knowledge of the User at the time of such disclosure, had a right to disclose it and was not subject to an obligation of confidentiality or fiduciary duty with respect to such disclosed information; or (v) is developed by or for the User independently of permitted disclosures hereunder, as shown by contemporaneous written records.

Confidential Information may not be shared by any User with any other party or used for any purpose other than evaluation of the merits of an investment opportunity listed on the Site; provided that, (a) a User may share Confidential Information obtained from the Site with its employees or affiliates and its legal, tax or other professional advisors to the extent that such employees, affiliates or advisors have been notified of the confidential nature of the information and agree to maintain the confidentiality thereof and (b) upon any request of a governmental, supervisory or regulatory body – routine or otherwise – User shall be permitted to disclose Confidential Information to such governmental, supervisory or regulatory body (a “Permitted Disclosure”); provided that, to the extent legally permitted, User provides notice of such request and disclosure to Finitive. Finitive reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit or remove any information or materials on the Site, in whole or in part, in Finitive’s sole discretion.

You acknowledge and further agree that all obligations relating to Confidential Information under this User Agreement will continue after termination of this User Agreement and termination of access rights hereunder.


8. Restrictions on Your Use of the Services

You agree not to access or use the Services in an unlawful way or for an unlawful or illegitimate purpose, including without limitation any violation of the antifraud or registration provisions of the securities laws of the U.S. or any state therefore. You shall not post or transmit via the Services (a) a message or information under a false name; (b) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (c) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You shall not attempt to disrupt the operation of the Services in any manner, including, but through the use of methods such as denial of service attacks, flooding or spamming and you will not transmit, distribute, introduce or otherwise make available in any manner through the Services any computer virus, keyloggers, spyware, worms, Trojan horses, time bombs or other malicious or harmful code (collectively, “Harmful Code”). You shall not use the Services in any manner that could damage, disable or impair our services or networks. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the Services.


9. Data Provided by Third Party Data Providers

Certain information on the Site may be provided by by third party data providers (“Data Providers”). Information obtained from a Data Provider shall be marked to indicate which Data Provider provided the relevant information. By agreeing to these Terms and Conditions, you agree (1) to waive any claim against Finitive and the Data Providers arising out of or related to the Content of the Site, (2) that you have no direct contractual privity with any Data Provider and that (3) you will treat all such data as strictly confidential and not disclose any such data to any third party.


10. Trademarks

All trademarks, service marks, logos, slogans and taglines displayed on or through the Services are the property of Finitive® or their respective owners and nothing contained herein should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on or through the Services without the express written permission of Finitve, or such third-party that may own the trademark, service mark, logo, slogan or tagline.


11. Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. You agree that Finitive shall not be liable to you or any third party for any termination of your access to the Services. Account termination may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by contacting Finitive’s customer service at [email protected] All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.


12. Links to Third-Party Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Finitive. Finitive has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Finitive shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. Please be aware that the terms of our Privacy Policy do not apply to these third-party websites.


13. Your Ability to Accept this User Agreement

This Site is intended solely for users who are at least 18 years of age or older. By using the Site, you affirm that you are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this User Agreement, and to abide by and comply with this User Agreement.


14. Limitation of Liability

Finitive and its parents, subsidiaries, affiliates, officers, directors, agents or employees are not liable to you or any other person for any punitive, exemplary, consequential, incidental, indirect or special damages (including, without limitation, any personal injury, lost profits, business interruption, loss of programs or other data on your computer or otherwise) arising from or in connection with your use of the Services, whether under a theory of breach of contract, tort, negligence, strict liability, malpractice, any other legal or equitable theory or otherwise, even if Finitive has been advised of the possibility of such damages. You hereby release Finitive and hold it and its parents, subsidiaries, affiliates, officers, directors, agents and employees harmless from any and all claims, demands, and damages of every kind and nature (including, without limitation, actual, special, incidental and consequential), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Services. You waive the provisions of any state or local law limiting or prohibiting a general release.

The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. This limitation of liability also applies with respect to damages incurred by you by reason of any products or services sold or provided on any linked sites or otherwise by third parties other than Finitive and received through the Services or any linked sites.


15. Indemnification

Without limiting the generality or effect of other provisions of this User Agreement, as a condition of use, you agree to indemnify, hold harmless, and defend Finitive and its parents, subsidiaries, affiliates, suppliers, lenders, licensors or service providers and, in each case, their officers, directors, affiliates, subcontractors, agents and employees, lenders, licensors and suppliers and their parents, subsidiaries, affiliates, suppliers and their officers, directors, affiliates, subcontractors, agents and employees (collectively, “Indemnified Parties” and each, individually, an “Indemnified Party”) against all costs, expenses, liabilities and damages (including reasonable attorney’s fees) incurred by any Indemnified Party in connection with any third party claims arising out of: (i) your use of the Services; (ii) your failure to comply with any applicable laws and regulations; and (iii) your breach of any obligations set forth in this User Agreement. You shall not settle any such claim without the written consent of the applicable Indemnified Party.

If you are a California resident, you waive California Civil Code Section 1542, which says: “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.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

This defense and indemnification obligation shall survive this User Agreement and your use of the Service. Finitive reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Finitive in asserting any available defenses.


16. Governing Law and Jurisdiction

To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this section.


17. Miscellaneous

This User Agreement constitutes the sole agreement between you and Finitive for your use and the provision of the Services and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in this User Agreement shall bind either you or Finitive.

Any of the terms of this User Agreement which are determined to be invalid, unlawful, void, or for any reason unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without rendering invalid or unenforceable any of the remaining terms of this User Agreement or affecting the validity or enforceability of this User Agreement as a whole.


18. Contact Us

If you have any questions about these Terms, please contact us:
Finitive LLC
200 Park Avenue, 17th Floor
New York, NY 10166

Email: [email protected]


Last updated: 19 July 2019