GO FISH CAPITAL INC
TERMS OF SERVICE
Date of Last Revision: March 5, 2023
Welcome to Go Fish Capital!
Go Fish Capital Inc. (“Go Fish Capital,” “GFC,” “Go Fish,” “we,” “us,” “our”) provides its services (described below) to you:
through its website located at https://www.gofishcapital.com/ (the “Site”), through its offices, and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), and you agree to the following Terms of Service (as amended from time to time, the “Terms of Service”). If you are entering into this Terms of Service on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this Terms of Service, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with this Terms of Service, you must not accept this Terms of Service and may not use the Service.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification, or through other reasonable means.
[Note] Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST GO FISH CAPITAL, INC ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at https://www.gofishcapital.com/privacy/. All such terms are hereby incorporated by reference into these Terms of Service.
Access and Use of the Service
Services Description: The Service includes (a) the Site, (b) the mobile applications, (c) Go Fish’s Additional Value Added Services and (d) all software (including the Software, as defined below), data, reports, text, images, sounds, videos, and content made available through any of the foregoing. Any new features added to or augmenting the Service are also subject to these Terms of Service.
Your Registration Obligations: You may be required to register with GFC in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself and/or your company as prompted by the Service’s registration form. Registration data and certain other information about you and/or your company are governed by our Privacy Policy. If you are not a US citizen or you are under 18 years of age, you are not authorized to use the Service, with or without registering.
- START OF SECTION PERTINENT SPECIFICALLY TO LENDERS -
Lender Defined: A company that has agreed to this agreement and all general terms herein as well as all terms specifically directed to (“The Lender,” “Lender,” “Lenders,” “Lender’s,” “GFC’s Client,” “Our Client”)
A Lender In The GFC Member Lender Network Defined: A company that has agreed to this agreement and all general terms herein as well as all terms specifically directed to (“The Lender,” “Lender,” “GFC’s Client,” “Our Client”) that has been officially approved by GFC to be in the GFC member lender network.
Lender Term
The initial term of this agreement (the “Term”) will be five (5) years from the Effective Date (as such term may be extended pursuant to the section listed immediately below entitled “Automatic Renewal”.
This Agreement shall be renewed automatically for succeeding terms of five (5) years each unless either party gives written notice to the other of Lender’s or GFC’s intention not to renew at least ninety (90) days prior to the expiration of any term (and) any contracts and/or loan agreements between the lender and GFC have been fully satisfied by the lender to a completion of their term.
Lender Agrees That They Meet The Following Requirements (For Lending Companies And Their Owners To Join GFC’s Lender Membership)
Basic Requirements:
Credit Score Requirement:
GFC’s Lender Finance Process
- Important Terms In Which The Lender Hereby Explicitly Agrees -
Lender Obligation To Make Reasonable Effort To Work With & Not Compete
If the lender has not brought their existing client, marketing lead, or business contact to GFC (and) the lender’s client/the end-borrower was initially brought to the lender as a result of any of the following events,
the lender explicitly agrees to make a reasonable effort to finance their client/the end-borrower (along with the lender getting financed themselves by GFC in order to finance that end-borrower) through GFC’s products & services, and the lender explicitly agrees to never offer or make a new contract directly with that end-borrower for any competing services that GFC provides (now and in the future as GFC’s services change), including but not limited to:
Lender Obligations To Not Compete After They Introduce Someone To GFC
If the lender introduces their existing client to GFC (or) if the lender introduces anyone to GFC, including but not limited to an existing client, a marketing lead, or a business contact, the lender explicitly agrees to make a reasonable effort to finance their client/the end-borrower (along with the lender getting financed themselves by GFC in order to finance that end-borrower) through GFC’s products & services, and the lender explicitly agrees to never offer or make a new contract directly with that end-borrower for any competing services that GFC provides (now and in the future as GFC’s services change), including but not limited to:
Lender Right To Offer Competing Services To Directly Owned Clients Not Introduced To GFC
If the lender has NOT introduced their client to GFC or referred their client to GFC, the lender retains their right to provide competing services to, manage, and collect on loans directly from, any and all of their clients that were initially brought to the lender as a result of any of the following events:
Loan Contract Ownership
The Lender’s loans between the lender and their clients/the end-borrowers stay owned by the lender unless GFC declares the lender “in material breech of contract.” It is explicitly agreed by you (the lender) that all of the loans that you own as a result of your relationship with GFC automatically and immediately change ownership from you (the lender) to Go Fish Capital.
Servicing Your Clients
The Lender Is Responsible For Servicing Their Loan Clients/The End-Borrowers. Go Fish Capital Is Not Obligated To Service The Lender’s Clients/The End Borrowers In Any Way.
Go Fish Capital’s Right To Take & Keep Ongoing Collateral
Lender agrees that GFC has the right to withhold up to (a. 20% of the lender’s profit in their first year (or) b. 10% of the lender’s profit in their 2nd year forward) as a lender in the Go Fish Capital member lender network (resulting from activities between them and GFC) as a growing account that is kept on deposit with GFC (and used as collateral from the Lender to GFC) which cannot be withdrawn by the lender unless they a. provide other collateral that is accepted by GFC or b. if all contracts and/or loan agreements between the lender and GFC have been fully satisfied by the lender to a completion of their term (and) this agreement has been terminated).
Lender Borrowing Against Their Loan Portfolio (Or) Selling Their Loan Portfolio
Borrowing Against Your Portfolio:
Lender Agrees That They Are Fully Restricted From Using Their Loan Portfolio (Associated With Loans Resulting From Their Activities With GFC) As Collateral To Obtain Any Debt Until Their Loan Portfolio Reaches At Least $2,000,000.00 (Two Million Dollars) In Accounts Receivable Face Value.
When The Lender’s Loan Portfolio Reaches $2,000,000.00 (Two Million Dollars) In Accounts Receivable Face Value, And The Lender Wants To Leverage Their Loan Portfolio As Collateral To Obtain Debt Not To Be Used For Lending Purposes (That Does Not Conflict With The Section Below Entitled “5 Year Exclusivity For Debt Associated Lender Financing”), The Lender Must Contact GFC And Allow GFC To Provide Lender That Debt As A Service For A Fee. GFC Makes No Promise Or Guarantee That GFC Will Be Able To Successfully Provide Lender Said Debt By Lender Leveraging Their Loan Portfolio (Associated With Loans Resulting From Their Activities With GFC), But GFC Agrees To Make A Reasonable Effort To Do So (Or) Provide Lender A Written Authorization To (a. Seek Out Another Company To Provide Them Said Debt (or) b. Help Them Obtain Said Debt) Under Certain Conditions.
Selling Your Loan Portfolio:
When The Lender’s Loan Portfolio (Associated With Loans Resulting From Their Activities With GFC) Reaches $2,000,000.00 (Two Million Dollars) In Accounts Receivable Face Value, And The Lender Wants To Sell Their Portfolio On The Market, The Lender Must Contact GFC And Allow GFC To Do That For The Lender As A Service For A Fee. GFC Makes No Promise Or Guarantee That GFC Will Be Able To Successfully Sell The Lender’s Portfolio For Them But GFC Agrees To Make Reasonable Effort To Do So (Or) Provide Lender A Written Authorization To Seek Out And Hire Another Company To Attempt To Sell Lender’s Portfolio For Them Under Certain Conditions.
5 Year Exclusivity For Lender To Obtain Lender Financing Debt From GFC
From the Execution Date until (the first automatic renewal in 5 Years (or) the termination of this agreement), Lender shall not, and shall not authorize or permit any of its Affiliates (including the Company and the Subsidiaries) or any of its or their Representatives to, directly or indirectly,
(a) encourage, solicit, initiate, facilitate or continue inquiries from any company other than GFC
(b.) obtain a possible proposal from any company other than GFC
(c) enter into any agreements or other instruments (whether or not binding) from any company other than GFC
regarding any services that GFC provides Lenders, including but not limited to the following:
From the Execution Date until (the first automatic renewal in 5 Years (or) the termination of this agreement), in accordance with this section, Lender shall immediately cease and cause to be terminated, and shall cause its affiliates (including the Lender and its subsidiaries) and all of its and their Representatives to immediately cease and cause to be terminated, all existing discussions or negotiations with any persons or companies with respect to, or that could lead to Lender receiving any services that GFC provides Lenders, including but not limited to the service listed directly above in subsection “a.”.
Review of Records
Upon two weeks notice GFC or its designee (limited to its underwriter, legal counsel, or accountants) shall have the right to inspect, review and make copies at GFC’s expense all financial records of the Lender, and pertinent corporate documents of the Lender for inspection and Lender shall cause its officers, directors, associates, employees, legal counsel, or accountants to supply all information reasonably requested by GFC or its designee.
GFC hereby agrees to keep confidential any records, information, or documents designated by the Lender in writing as confidential as long as Lender is not declared by GFC in default or in material breech of contract. This provision shall survive the termination of this Agreement by 1 year.
GFC Acting As A Nominee On Behalf Of The Lender
Lender hereby gives explicit permission to and agrees to make GFC their permanent nominee & payment processor on behalf of the lender (with regard to the GFC related loans that the end-borrower has with the lender, to fund & charge end-borrowers, without ever revoking it under any circumstances) to conduct only the following limited actions:
Fees Associated With The GFC Services
We make a strong attempt to list all fees associated with GFC services here in this section, but we can not guarantee that all fees are fully listed here:
Additional Fees That May Be Charged To End-Borrowers (Automatically Kept From End-Borrower’s Payments)
Additional Fees That May Be Charged To Lenders (Automatically Kept From End-Borrower’s Payments)
Lender Restricted From Influencing End-Borrower To Make Direct Payments
The lender agrees to never try to influence their client/the end-borrower to stop paying GFC or influence their client/the end-borrower to pay them (the lender) directly for the active loans (not declared by GFC in default) that the end-borrower has with the lender (resulting from the lender’s association with Go Fish Capital).
The lender agrees to never threaten their client/the end-borrower that they will report negative marks on the end-borrower’s credit report if the end-borrower does not “pay them (the lender) directly” for the active loans (not declared by GFC in default) that the end-borrower has with the lender (resulting from the lender’s association with Go Fish Capital).
Lender Restrictions Associated With Marketing Affiliates
The lender agrees to never contract with, work with, or communicate with the marketing affiliates that were introduced to them through GFC’s services in such a way that does not include GFC or GFC’s services. Furthermore, the lender agrees to never try to influence the marketing affiliates that were introduced to them through GFC’s services to leave their relationship with GFC.
The Lender Agrees To The Following In The Event That GFC Declares An End-Borrower In Default
GFC’s Right To Make An Insurance Claim On Lender’s Policy
In the event that the end-borrower is declared in default by GFC or fails to pay GFC for their loan between them and the lender, the lender hereby agrees to allow GFC to make a claim to their (the lender’s) credit default insurance policy or trade credit insurance policy to allow GFC to recover the capital lost to their accounts receivable by making a claim to the aforementioned insurance company in the amount equal to the total amount owed to the lender by their client/the end-borrower, plus a. any additional fees and/or b. any additional losses that GFC incurred or expects to incur as a result of the end-borrower’s default.
GFC Forwarding Lender’s Lost Profit To Them
Once the aforementioned insurance claim is successfully paid to GFC, GFC agrees to forward the lender’s lost profit to them within a reasonable time period (that was associated with the defaulted end-borrower loan).
Lender Right To Seize Collateral
GFC agrees that it is the lender’s right to seize ownership of any collateral that was promised to the lender by their client/the end-borrower in the event of their client’s/the end-borrower’s default.
Lender Must Coordinate Any Further Collection Effort With Their Insurance Company
It is agreed by the lender that any further collection effort of lost funds (associated with their loan agreement between them and their client/the end-borrower that was not mentioned above) must be coordinated between them and the credit default insurance company or the trade credit insurance company that GFC helped them contract with through their association with GFC, because post-default collections may be offered as an included service in the aforementioned insurance policy.
Powers Given To GFC By Lender In The Event That End-Borrower Defaults
As GFC is responsible for accepting all loan payments to lender on behalf of lender, lender explicitly agrees to give GFC (and GFC alone) the sole right to declare the end-borrower in default. Lender hereby forfeits their right to declare end-borrower in default. Go Fish agrees to notify lender that end-borrower has defaulted as soon as possible in the event that end-borrower defaults.
Circumstances For GFC To Declare End-Borrower In Default
GFC may declare end-borrower in default if they have not paid GFC 2 full months of loan payments on their loan with the lender.
Termination
Lender agrees that GFC, in its sole discretion, may suspend or terminate lender’s account (or any part thereof) or use of the Service and remove and discard any content within the Service, if GFC declares lender in default or material breech of contract.
Conditions Where Lender Could Be Declared In Default Or Material Breech Of Contract
GFC may declare lender in default or material breech of contract if GFC believes that lender has materially violated or materially acted inconsistently with the letter or spirit of these Terms of Service.
Lender Being Referred To Law Enforcement
If GFC suspects lender of fraudulent, abusive or illegal activity that may be grounds for termination of their use of Service and declaration by GFC that lender is in default or in material breech of contract, lender may be referred to appropriate law enforcement authorities.
Planned Or Unplanned Outage Of Service
GFC may in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. Any loan agreements that lender has at that time with GFC (along with related GFC services) will survive said discontinuance of service.
Non Active Account Termination
If lender has zero active loans with GFC (and has zero active end-borrowers that have active loans with lender (associated with their activity with GFC) (and) if Go Fish believes that lender has violated or acted inconsistently with the letter or spirit of these Terms of Service, lender agrees that any termination of their access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that GFC may immediately deactivate or delete lender’s account and all related information and files in lender’s account and/or bar any further access to such files or the Service. Further, lender agrees that GFC will not be liable to lender or any third party for any termination of lender’s access to the Service.
Material Breech Of Contract By The Lender
Loan Contract Ownership Transfer
It is explicitly agreed by you (the lender) that in the event that GFC declares you (the lender) in material breech of contract that ownership of all of the GFC related loans that you (the lender) had with all end-borrowers automatically and immediately transfer from your ownership to Go Fish Capital. And you (the lender) agree that from that point on GFC will no longer be contractually obligated to send you any more payments associated with your profit on the loans that you had with end-borrowers.
Declaration That Lender Is In Default or Material Breech Of Contract
If the lender is ever declared in material breech of contract by GFC, they may also be declared in default of their lender financing loans with GFC, even though GFC acts as a nominee & payment processor to accept payment from the end-borrower, take out and keep the money that the lender owes GFC, and forwards the lender their profit to them.
Actions That May Be Taken By GFC
If the lender is ever declared in material breech of contract by GFC, the lender explicitly agrees that GFC can, will, and must take the following actions:
- END OF SECTION PERTINENT SPECIFICALLY TO LENDERS -
- START OF SECTION PERTINENT SPECIFICALLY TO LENDER’S CLIENTS/END-BORROWERS -
End-Borrower Defined: An end-borrower is defined as a company seeking financing that was brought to GFC as a result of any of the following events:
End-Borrower Term
The initial term of this agreement (the “Term”) will be five (5) years from the Effective Date (as such term may be extended pursuant to the section listed immediately below entitled “Automatic Renewal”.
This Agreement shall be renewed automatically for succeeding terms of five (5) years each unless either party gives written notice to the other of End-Borrower’s or GFC’s intention not to renew at least ninety (90) days prior to the expiration of any term (and) any contracts and/or loan agreements between the end-borrower and Lenders in the GFC Member Lender Network have been fully satisfied by the end-borrower to a completion of their term.
Consumer Term Loan End-Borrower Requirements
Basic Requirements:
Credit Score Requirement:
End-Borrower Restricted From Allowing A GFC Member Lender To Compete With GFC
The end-borrower explicitly agrees to never seek out, pay attention to, entertain, or accept an offer, loan, or services from a lender in the GFC member lender network that is a competing offer, loan, or service that GFC provides.
Termination
End-borrower agrees that GFC, in its sole discretion, may suspend or terminate end-borrower’s account (or any part thereof) or use of the Service and remove and discard any content within the Service, if GFC declares end-borrower in default or material breech of contract.
Conditions Where End-Borrower Could Be Declared In Default Or Material Breech Of Contract
End-borrower agrees that GFC may declare end-borrower in default or material breech of contract if GFC believes that end-borrower has materially violated or materially acted inconsistently with the letter or spirit of these Terms of Service.
End-Borrower Being Referred To Law Enforcement
If GFC suspects end-borrower of fraudulent, abusive or illegal activity that may be grounds for termination of their use of Service and declaration by GFC that end-borrower is in default or in material breech of contract, end-borrower may be referred to appropriate law enforcement authorities.
Planned Or Unplanned Outage Of Service
GFC may in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. Any loan agreements that end-borrower has at that time with a lender in the GFC member lender network (along with related GFC services) will survive said discontinuance of service.
Non Active Account Termination
If end-borrower has zero active loans with a lender in the GFC member lender network end-borrower agrees that any termination of their access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that GFC may immediately deactivate or delete end-borrower’s account and all related information and files in end-borrower’s account and/or bar any further access to such files or the Service. Further, end-borrower agrees that Go Fish will not be liable to end-borrower or any third party for any termination of end-borrower’s access to the Service.
Loan Contract Ownership
The End-Borrower agrees that their loan(s) between them and the lender in the GFC member lender network stay owned by the lender unless GFC declares the lender “in material breech of contract.”
Loan Contract Ownership Transfer
It is explicitly agreed by you (the End-Borrower) that in the event that GFC declares the lender “in material breech of contract” that ownership of all of the GFC related loans that you had with the lender automatically and immediately transfer from the lender to Go Fish Capital and from that point on you agree to continue to pay GFC the payments related to the loans that you had with the lender.
Agreeing To Pay Only GFC For Your Active Loan With The Lender
The End-Borrower agrees that GFC may act as a nominee & payment processor to collect all payments associated with all of the active loan(s) that they (the end-borrower) have with the lender as a result of the end-borrower being brought to GFC from any of the events that are listed above in the section above labeled “End-Borrower Defined”.
End-End-Borrower agrees to only pay GFC for all payments associated with all of the active loan(s) that they (the end-borrower) have as a result of the end-borrower being brought to GFC as a result of any of the events that are listed above in the section labeled “End-Borrower Defined” (not including pre-existing or future non-competing loans).
At no time, even in the event that GFC declares the lender insolvent or in material breech of contract may you (the end-borrower) ever be permitted to pay the lender directly on any of the active loan(s) that they (the end-borrower) have as a result of the end-borrower being brought to GFC as a result of any of the events that are listed above in the section labeled “End-Borrower Defined” (not including cases described directly below in the section defined “Only Circumstances For End-Borrower Approval To Pay Another Business (Not GFC)”.
Only Circumstances For End-Borrower Approval To Pay Another Business (Not GFC)
It is agreed by GFC that the End-Borrower retains their right to pay any other business or entity including but not limited to the lender directly, an insurance company, or a collection agency in any of the following cases:
Loan Servicing
The end-borrower agrees that the lender is responsible for servicing their clients/the end-borrowers and agrees that Go Fish Capital is not obligated to provide service related to the loan that the end-borrower has with the lender.
Default By End-Borrower
Circumstances For GFC To Declare End-Borrower In Default
GFC may declare end-borrower in default if they have not paid GFC 2 full months of loan payments on their loan with the lender.
Agreed Upon Actions That GFC May Take In The Event Of End-Borrower Default
If end-borrower is ever declared in default by GFC relating to end-borrower’s loan with the lender, end-borrower agrees that GFC may take actions including but not limited to the following:
Actions That May Be Taken By The Lender
The end-borrower loan was owned by the lender, not GFC, and as such the lender may take the following actions including but not limited to:
- END OF SECTION PERTINENT SPECIFICALLY TO LENDER’S CLIENTS/END-BORROWERS -
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. Company reserves the right to access your account in order to regularly service your account or respond to your requests for technical support. You agree to (a) immediately notify Go Fish of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Go Fish will not be liable for any loss or damage arising from your failure to comply with this Section.
General Practices Regarding Use and Storage: You acknowledge that Go Fish may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Go Fish’s servers on your behalf. You agree that Go Fish has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Go Fish reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Go Fish reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. Go Fish agrees to make a reasonable attempt to notify you if there is a considerable change in this agreement.
Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Go Fish and other entities by email and other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
Modifications to Service: Go Fish reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with reasonable notice. You agree that Go Fish will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
If the service is ever permanently discontinued, the contracts and repayment agreements that you have between your lending company and your clients/the-end-borrower that you may have generated using the help of Go Fish will continue to be in effect and will be uninterrupted.
Conditions of Use
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Go Fish. Go Fish reserves the right to investigate and take appropriate legal action against anyone who, in Go Fish’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.
You agree to not use the Service to:
a) email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Go Fish, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Go Fish or its users to any harm or liability of any type;
b) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
c) violate any applicable local, state, national or international law, or any regulations having the force of law;
d) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
e) solicit personal information from anyone under the age of 18;
f) harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
g) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
h) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Service available to any third party;
i) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components;
j) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
k) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Information That Is Obtained From Users:
In order to facilitate the operation of the Go Fish Capital website and system we need to connect to 3rd party sites. These sites provide us with data so that we can help our clients and users as much as possible. By using the Go Fish Capital site you are agreeing to these operations. The data is kept secure at all times and only properly authorized individuals are allowed access to it.
Disclaimer: Go Fish may provide software and services that assists users with signing up and managing marketing affiliates which have the purpose to help Lenders source loan clients/end-borrowers. Go Fish is not responsible for a marketing affiliate’s marketing efforts. No statement anywhere, whether oral or written, shall be deemed any such guarantee, warranty or representation. You understand that Go Fish is not required to screen any marketing affiliates or other users of the Services. Any use of the Service is at your sole risk.
Apple-Enabled Software Applications
Go Fish offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
Go Fish Capital Inc.
201 Spear St., Suite 1100
San Francisco, CA 94105
Go Fish and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Go Fish, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Go Fish from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Go Fish, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Go Fish.
The Go Fish name and logos are trademarks and service marks of Go Fish (collectively the “Go Fish Trademarks”). Other Go Fish, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Go Fish. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Go Fish Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Go Fish Trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will Go Fish be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Go Fish does not pre-screen content, but that Go Fish and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Go Fish and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Go Fish, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Go Fish and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Go Fish are non-confidential and Go Fish will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Go Fish may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Go Fish, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: Go Fish respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Go Fish of your infringement claim in accordance with the procedure set forth below.
Go Fish will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Go Fish’s Copyright Agent at the following address (Subject line: “DMCA Takedown Request”):
Go Fish Capital Inc.
201 Spear St., Suite 1100
San Francisco, CA 94105
To be effective, the notification must be in writing and contain the following information:
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, Go Fish will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Go Fish has adopted a policy of terminating, in appropriate circumstances and at Go Fish's sole discretion, users who are deemed to be repeat infringers. Go Fish may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Go Fish has no control over such sites and resources and Go Fish is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Go Fish will 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 content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Go Fish is not liable for any loss or claim that you may have against any such third party.
Social Networking Services
You may enable or log in to the Service via various online third party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and Go Fish’s use, storage and disclosure of information related to you and your use of such services within Go Fish (including your friend lists and the like), please see our Privacy Policy at https://www.gofishcapital.com/privacy/. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Go Fish shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.
In addition, Go Fish is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Go Fish is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Go Fish enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Indemnity and Release
You agree to release, indemnify and hold Go Fish and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. 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.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GO FISH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
GO FISH MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GO FISH WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GO FISH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL GO FISH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID GO FISH IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
User Disputes
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Go Fish will have no liability or responsibility with respect thereto. Go Fish reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
General
These Terms of Service constitute the entire agreement between you and Go Fish and govern your use of the Service, superseding any prior agreements between you and Go Fish with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Go Fish agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California. The failure of Go Fish to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Go Fish, but Go Fish may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Your Privacy
At Go Fish, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Go Fish Capital Inc at:
Go Fish Capital Inc.
201 Spear St., Suite 1100
San Francisco, CA 94105
Questions? Concern? Suggestions?
To report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service, please contact us via mail at the following address:
Go Fish Capital Inc.
201 Spear St., Suite 1100
San Francisco, CA 94105