Welcome to twelvegrow.com. Please read the following Terms of Use
carefully before using this Site so that you are aware of your legal
rights and obligations with respect to Twelve Cap, Inc. and its
affiliated entities (“Twelve”, “we”, “our” or “us”). By accessing or
using the Site, you expressly acknowledge and agree that you are
entering a legal agreement with us and have understood and agree to
comply with, and be legally bound by, these Terms of Use, together
with our Privacy Policy (as defined below) (the “Terms”). You hereby
waive any applicable rights to require an original (non-electronic)
signature or delivery or retention of non-electronic records, to the
extent not prohibited under applicable law. If you do not agree to be
bound by these Terms please do not access or use the Site.
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Background:
The Site is intended to be a platform for eligible businesses to
apply for and receive financing from Twelve, intended for the sole
purpose of funding their Marketing budget. To apply for Marketing
Capital, you need to submit an online application on this Site.
The application includes an onboarding questionnaire, which you
must answer accurately and truthfully. We may request additional
information as part of our verification process or to better
assess your application. Please note that all Marketing Capital
offers shall be contingent on you and us entering into legally
bounding agreements specifying the terms and conditions of such
transactions. Should we decide to offer you Marketing Capital,
formal documentation of such an offer will follow for your
approval. For the avoidance of doubt, Twelve shall not be
committed to provide any financing hereunder.
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Modification:
We reserve the right, at our discretion, to change these Terms at
any time. Such change will be effective 10 days following posting
of the revised Terms on the Site, and your continued use of the
Site thereafter means that you accept those changes.
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Ability to Accept Terms:
The Site is only intended for businesses registered in the United
States. If you are not a business please do not visit or use this
Site. If you have business located outside the United States, do
not use this Site, rather contact us to see if we can accommodate
your business needs. Marketing Capital offers shall only be
provided to businesses operating in jurisdictions where Twelve may
offer and provide Marketing Capital according to applicable rules
and regulations.
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Site Access:
For such time as these Terms are in effect, we hereby grant you
permission to visit and use the Site provided that you comply with
these Terms and applicable law.
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Restrictions:
You shall not:
- With cloud service providers for hosting purposes.
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copy, distribute or modify any part of the Site without our
prior written authorization.
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use, modify, create derivative works of, transfer (by sale,
resale, license, sublicense, download or otherwise),
reproduce, distribute, display or disclose Content (defined
below), except as expressly authorized herein.
- disrupt servers or networks connected to the Site.
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use or launch any automated system (including without
limitation, “robots” and “spiders”) to access the Site.
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circumvent, disable or otherwise interfere with
security-related features of the Site or features that prevent
or restrict use or copying of any Content or that enforce
limitations on use of the Site.
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Account:
In order to use some of the services of the Site, you may have to
create an Account. You agree not to create an Account for anyone
else or use the account of another without their permission. When
creating your Account, you must provide accurate and complete
information. You are solely responsible for the activity that
occurs in your Account, and you must keep your Account password
secure. You must notify Twelve immediately of any breach of
security or unauthorized use of your Account. As between you and
Twelve, you are solely responsible and liable for the activity
that occurs in connection with your Account. If you wish to delete
your Account you may send an email request to Twelve at
info@twelvegrow.com.
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Payments to Twelve:
Except as expressly set forth in the Terms, your general right to
access and use the Site is currently for free, but Twelve may in
the future charge a fee for certain access or usage. You will not
be charged for any such access or use of the Site unless you first
agree to such charges, but please be aware that any failure to pay
applicable charges may result in you not having access to some or
all of the Site.
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Intellectual Property Rights:
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Content and Marks:
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content on the Site, including without limitation, the
text, documents, articles, brochures, descriptions,
products, software, graphics, photos, sounds, videos,
interactive features, and services (collectively, the
“Content”)
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the trademarks, service Marks and Logos contained therein,
are the property of Twelve and/or its licensors and may be
protected by applicable copyright or other intellectual
property laws and treaties. “Twelve”, the Twelve logo, and
other marks are Marks of Twelve or its affiliates. All
other trademarks, service marks, and logos used on the
Site are the trademarks, service marks, or logos of their
respective owners. We reserve all rights not expressly
granted in and to the Site and the Content.
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Use of Content:
Content on the Site is provided to you for your information
and personal use only and may not be used, modified, copied,
distributed, transmitted, broadcast, displayed, sold,
licensed, de-compiled, or otherwise exploited for any other
purposes whatsoever without our prior written consent. If you
download or print a copy of the Content you must retain all
copyright and other proprietary notices contained therein.
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Information Description:
We attempt to be as accurate as possible. However, we cannot and
do not warrant that the Content available on the Site is accurate,
complete, reliable, current, or error-free. We reserve the right
to make changes in or to the Content, or any part thereof, in our
sole judgment, without the requirement of giving any notice prior
to or after making such changes to the Content. Your use of the
Content, or any part thereof, is made solely at your own risk and
responsibility.
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Disclosure:
We reserve the right to access, read, preserve, and disclose any
information that we obtain in connection with the Site, and your
use thereof, as we reasonably believe is necessary to: (i) satisfy
any applicable law, regulation, legal process, subpoena or
governmental request; (ii) enforce these Terms, including to
investigate potential violations of them; (iii) detect, prevent or
otherwise address fraud, security or technical issues; (iv)
respond to user support requests; or (v) protect the rights,
property or safety of Twelve, its users or the public.
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Links:
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The Site may contain links, and may enable you to post
content, to Third Party Websites that are not owned or
controlled by Twelve. We are not affiliated with, have no
control over, and assume no responsibility for the content,
privacy policies, or practices of, any Third Party Websites:
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you are solely responsible and liable for your use of and
linking to Third Party Websites and any content that you
may send or post to a Third Party Website
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expressly release Twelve from any and all liability
arising from your use of any Third Party Website.
Accordingly, we encourage you to read the terms and
conditions and privacy policy of each Third Party Website
that you may choose to visit.
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Twelve permits you to link to the Site provided that:
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You link to but do not replicate any page on this Site.
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The hyperlink text shall accurately describe the Content
as it appears on the Site.
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you shall not misrepresent your relationship with Twelve
or present any false information about Twelve and shall
not imply in any way that we are endorsing any services or
products, unless we have given you our express prior
consent.
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you shall not link from a Third Party Website which
prohibits linking to third parties
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such Third Party Website does not contain content that
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is offensive or controversial (both at our
discretion).
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infringes any intellectual property, privacy rights,
or other rights of any person or entity.
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you, and your website, comply with these Terms and
applicable law.
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Privacy
We will use any personal information that we may collect or obtain
in connection with the Site in accordance with Twelve’s Privacy
Policy. You agree that we may use personal information that you
provide or make available to us in accordance with Privacy Policy.
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Warranty Disclaimers:
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This section applies whether or not the services provided
under the Site are for payment. Applicable law may not allow
the exclusion of certain warranties, so to that extent certain
exclusions set forth herein may not apply.
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The site is provided on an “as is” and “as available” basis,
and without warranties of any kind either express or implied.
twelve hereby disclaims all warranties, express or implied,
including but not limited to implied warranties of
merchantability, title, fitness for a particular purpose,
non-infringement, and those arising by statute or from a
course of dealing or usage of trade. twelve does not guarantee
that the site will be free of bugs, security breaches, or
virus attacks. the site may occasionally be unavailable for
routine maintenance, upgrading, or other reasons. you agree
that twelve will not be held responsible for any consequences
to you or any third party that may result from technical
problems of the internet, slow connections, traffic congestion
or overload of our or other servers. we do not warrant,
endorse or guarantee any content, product, or service that is
featured or advertised on the site by a third party.
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Except as expressly stated in our privacy policy, twelve does
not make any representations, warranties or conditions of any
kind, express or implied, as to the security of any
information you may provide or activities you engage in during
the course of your use of the site.
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Limitation of Liability:
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to the fullest extent permissible by law, twelve shall not be
liable for any direct, indirect, exemplary, special,
consequential, or incidental damages of any kind, or for any
loss of data, revenue, profits or reputation, arising under
these terms or out of your use of, or inability to use, the
site, even if twelve has been advised of the possibility of
such damages or losses. some jurisdictions do not allow the
limitation or exclusion of liability for incidental or
consequential damages, so the above limitations may not apply
to you.
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in no event shall the aggregate liability of twelve for any
damages arising under these terms or out of your use of, or
inability to use, the site exceed the total amount of fees, if
any, paid by you to twelve for using the site during the 3
months prior to bringing the claim.
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Indemnity:
You agree to defend, indemnify and hold harmless Twelve and our
affiliates, and our respective officers, directors, employees
and agents, from and against any and all claims, damages,
obligations, losses, liabilities, costs and expenses (including
but not limited to attorney’s fees) arising from:
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your use of, or inability to use, the Site.
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your interaction with any Site user.
- your violation of these Terms.
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Independent Contractors:
You and Twelve are independent contractors. Nothing in these Terms
creates a partnership, joint venture, agency, or employment
relationship between you and Twelve. You must not under any
circumstances make, or undertake, any warranties, representations,
commitments or obligations on behalf of Twelve.
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Independent Contractors:
You and Twelve are independent contractors. Nothing in these Terms
creates a partnership, joint venture, agency, or employment
relationship between you and Twelve. You must not under any
circumstances make, or undertake, any warranties, representations,
commitments or obligations on behalf of Twelve.
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Assignment:
These Terms, and any rights and licenses granted hereunder, may
not be transferred or assigned by you but may be assigned by
Twelve without restriction or notification to you.
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General:
Twelve reserves the right to discontinue or modify any aspect of
the site at any time. these terms and the relationship between you
and twelve shall be governed by and construed in accordance with
the laws of the state of new york, without regard to its
principles of conflict of laws. you agree to submit to the
personal and exclusive jurisdiction of the courts located in new
york and waive any jurisdictional, venue, or inconvenient forum
objections to such courts, provided that twelve may seek
injunctive relief in any court of competent jurisdiction. these
terms shall constitute the entire agreement between you and twelve
concerning the site. if any provision of these terms is deemed
invalid by a court of competent jurisdiction, the invalidity of
such provision shall not affect the validity of the remaining
provisions of these terms, which shall remain in full force and
effect. no waiver of any term of these terms shall be deemed a
further or continuing waiver of such term or any other term, and a
party’s failure to assert any right or provision under these terms
shall not constitute a waiver of such right or provision. you
agree that any cause of action that you may have arising out of or
related to the site must commence within 1 year after the cause of
action accrues. otherwise, such cause of action is permanently
barred.