Terms & Conditions

Welcome to Provide!

This is a legal agreement ("Agreement") between you and Provide, a division of Fifth Third Bank, National Association (hereinafter "Provide"). By accessing the Provide website, currently located at www.getprovide.com (the "Site"), and using any of the Services (as defined below) accessible through the Site, you become a user and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Site or Services. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR THE SERVICES. Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services or purchase such products.

This Agreement is subject to change by Provide in its sole discretion at any time, with or without notice. Your continued use of this Site or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.

1. Defined Terms

As used in this Agreement, the following words shall have the following meanings: "Provide" includes "Provide," "we," "us" and variations such as "our"; "Service" includes the products, services and software that you order, receive or access as part of the Provide service; "Application" refers to this business credit application; "Borrower" includes the borrower(s) listed on this Application; "Guarantor" includes the individual(s) guaranteeing the loan; and "Lender" refers to Provide, a division of Fifth Third Bank, National Association.

2. Our Services

Provide, a division of Fifth Third Bank, National Association, member FDIC ("Fifth Third Bank"), offers financial services to healthcare practices. Our goal is to offer a fully integrated suite of financial products that make starting and running a healthcare practice easier. Deposit products are provided by Fifth Third Bank, member FDIC.

As a condition for receiving a loan from us, we may require you, as the borrower, to obtain various types of insurance. Insurance products and services may be offered to you through Fifth Third Insurance Agency, Inc., which is a wholly-owned non-bank subsidiary of Fifth Third Bank. Banking and insurance decisions are made independently and do not influence each other.

You are not required to work with one of our insurance affiliates in order to obtain insurance or to receive a loan. Further, Provide will not condition a loan on (1) your purchase of an insurance product or annuity from Fifth Third Bank or any of its affiliates, or (2) your agreement not to obtain an insurance product or annuity from an unaffiliated entity.

Insurance products are not deposits, are not FDIC insured or insured by any Federal Government Agency, are not guaranteed by a bank and are underwritten by unaffiliated, third-party insurance carriers. Insurance products may lose value. Insurance products are not offered in all states. For more information, please consult with a Fifth Third Insurance Professional.

Additional terms and conditions may apply to certain Services. If additional terms apply, we will present those terms to you prior to your use of such Services.

3. Use of Site and Services

Subject to your compliance with this Agreement, we grant you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to use the Site or Services for your legitimate business purposes related to your role as a current or prospective customer, supplier or distributor of Provide. As a user of the Site or a user registered to use any of the Services (a "Registered User"), you agree to the following:

a. Account Use. You do not need to register with us to visit and view the website; however, to make use of certain of our Services, you must register for an account. Your account is to be used only for your business needs. You are solely responsible for the confidentiality of your password, as well as for any use of the Site or Services made using your password. You agree to monitor your account and accept full responsibility for any unauthorized use of your account. You agree to (i) notify us immediately of any unauthorized use of your password or any other breach of security and (ii) exit from your account at the end of each session. You acknowledge that Provide is not responsible for third-party access to your account that results from theft or misappropriation of your username and passwords. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your account, and you further acknowledge and agree that all rights in and to your account are and shall forever be owned by and inure to the benefit of Provide. We reserve the right to delete or change any usernames or password at any time and for any reason upon notice to you.

b. Information Submitted. You are solely responsible for, and assume all liability regarding, (i) the information and content you provide through your use of the Site and any Services; (ii) the information and content you make available in any manner through the Services; and (iii) your interaction with any and all third-parties. By submitting such information, feedback, content, comments and/or materials to any account or public area of the Site or the Services, you, subject to the Privacy Policy:

will provide accurate, true, current, and complete information;
represent and warrant that Provide’s use of your submission does not and will not breach any agreement, violate any law or infringe any third-party's rights and is true and accurate in all respects;
represent and warrant that you have the right to grant, to Provide and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing; and
grant Provide and its users such license.

Provide does not accept unsolicited ideas, works, or other materials and you acknowledge that you are responsible for, and bear all risk as to the use or distribution of, any such ideas, works, or materials.

c. Risk Assumption and Precautions. The information on this Website is for information purposes only. It is believed to be reliable, but Provide does not warrant its completeness, timeliness, or accuracy. You assume all risk when accessing, using, or relying on the Site, Content, and Services, including, but not limited to, all of the risks associated with any interactions with third parties. Please seek the advice of professionals as necessary regarding the evaluation of any content on this Website.

d. Legal Purpose. You will not use the Site or Services for any illegal purpose. You will only use the Site or Service in accordance with federal, state and local laws.

e. Business Purpose. You will only use the Site or Services for a bona fide business purpose. You will not use the Site or Services for personal, family or household purposes. You may not use the Site or Services to obtain information about or make decisions about anyone but yourself and/or your business.

f. Age. You must be eighteen (18) years of age or older and capable of entering into legally binding contracts under applicable law to use the Site or Services.

Your failure to comply with the provisions of this Section may result in the termination of your access to the Services and may expose you to civil and/or criminal liability.

Provide reserves the right, but does not assume any responsibility, to (1) remove any material posted on the Service which Provide, in its sole discretion, deems inconsistent with the foregoing commitments, including any material Provide has been notified, or has reason to believe, constitutes a copyright infringement; and (2) terminate any user’s access to all or part of the Services. However, Provide can neither review all material before it is posted on the Services nor ensure prompt removal of objectionable material after it has been posted. Accordingly, Provide assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. Provide reserves the right to take any action it deems necessary to protect the personal safety of users of the Services and the public; however, Provide has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.

4. Beta Features

From time to time, Provide may create, test, implement, or offer new "beta" features or tools which you may voluntarily choose to use or experiment with on the Site or Services, in accordance with the additional terms and condition of such features or tools. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Provide's sole discretion. By your voluntary participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or services. The provisions of the Disclaimer of Warranty section apply with full force to such features or tools.

5. Proprietary Rights

a. Ownership of Proprietary Information. You hereby acknowledge and agree that Provide or its licensors is the owner of all rights in and to the Site and Services, including all information, software, text, displays, images, audio, design, selection and arrangement thereof (“Content”). These proprietary rights are protected by federal, state and local laws and regulations. You are permitted to use the Site and Services only as expressly authorized by this Agreement. You may not copy, modify, reproduce, distribute or create derivative works, republish, publicly display or perform, store, transmit, reverse-engineer or reverse-compile any of the Site or Services or technology except to: (i) store copies of such materials temporarily in RAM, (ii) store files that are automatically cached by your web browser for display enhancement purposes, and (iii) print a reasonable number of pages of the Service; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to the Site, Services, or any Content are transferred to you, but remain with Provide or the applicable owner of such content. Except as expressly authorized by Provide in writing, you may not reproduce, sell or exploit for any commercial purposes (i) any part of the Services, (ii) access to the Services, or (iii) use of the Services or Content.

b. Trademarks. The following trademarks are our property: PROVIDE, and our company logo are trademarks of Provide in the United States and various other countries. These marks may not be used without our consent on any product or service, except our own.

c. Copyright. Copyright 2023 Provide. All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Provide or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Website is the exclusive property of Provide and protected by United States and international copyright laws. All software used on the Site is the property of Provide or its software suppliers and protected by United States and international copyright laws. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Site.

Provide respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at support@getprovide.com.

6. Authorization

The Guarantor and Borrower authorize Lender or its representatives to conduct an initial and ongoing comprehensive investigation, including a commercial credit investigation, of such Guarantor and Borrower by using third-party credit reporting agencies and other data providers including, but not limited to any available fraud investigation platforms, and internal and external data sources as deemed necessary by Lender. Guarantor and Borrower authorize Lender and its agents, employees, contractors, and delegates to answer any questions posed by applicable credit reporting agencies about Lender’s interaction with Guarantor and/or Borrower related to any credit products relating to this Application; and also to report on the interaction to one or more credit reporting agencies as required and/or permitted by law or regulation.

7. Important Information About Procedures for Opening a New Account

To help the government ﬁght the funding of terrorism and money laundering activities, federal law requires all ﬁnancial institutions to obtain, verify, and record information that identiﬁes each person who opens an account.

What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask for information from your driver’s license or other identifying documents.

8. Collaborator Access Agreement

How and Why We Support Collaboration

Provide is the leader in technology-enabled lending to healthcare practices, and our industry expertise and innovative software have brought unmatched efficiency to the lending process. Our online dashboard provides you the unique option to customize your financing experience by granting secure, role-based access to certain individuals, including but not limited to your co-guarantor(s), your co-owner(s), your attorney, your accountant or Certified Public Accountant, your financial advisor, your consultant, the broker listing the practice you're purchasing, or the vendor selling the equipment or service we are financing ("Collaborators"). Under this Agreement, if you were referred to Provide, we will provide that referrer with updates on the status of your application. If you would like to opt out of this feature, please inform your Provide representative or send an email to help@getprovide.com.

The Purpose of This Agreement

By granting consent to enable collaboration between you and your Collaborators via this Collaborator Access Agreement, you authorize Provide to configure a password-protected account for each Collaborator, enabling each Collaborator to securely supply information that (i) is essential to completing your loan process, (ii) protects your private information, (iii) provides access to information that Collaborator would have outside of the scope of this Collaborator Access Agreement and Provide's application, and (iv) enables you to have direct knowledge of that Collaborator's contributions to your loan throughout the process.

How Integrating Multiple Collaborators Facilitates Your Loan

Integrating multiple collaborators into your loan process:

Saves you time and effort;
Provides added controls to safeguard the uploading of your sensitive information, unlike email or fax; and
Allows us to spend far less time on loan processing -- so we can offer lower rates.

9. Privacy Policy

Provide's Privacy Policy outlines the collection and possible use of personal information you provide. Our Privacy Policy can be viewed here.

10. Links to Third-Party Websites and Dealings with Advertisers and Sponsors

The Site and Services may contain links to websites of third-parties, including without limitation, advertisers, which are not under the control of Provide, and Provide is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such websites. Provide makes no warranties, either express or implied, concerning your use of or inability to use such sites, the content of such sites, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose, nor do we warrant that any such sites or their content are free from any claims of copyright, trademark, or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. The inclusion of any co-branding and/or link does not imply any endorsement of or responsibility by Provide for the opinions, ideas, products, information, or services offered at such sites, or any representation regarding the content at such sites and we expressly disclaim any such endorsement or representation on such third-party websites or any association with the websites’ operators. Your correspondence or business dealings with, or participation in promotions of, advertisers or third-parties found on or through the Site or Services are solely between you and such advertiser or third-party. You agree that Provide will not be responsible or liable for any loss or damage of any sort incurred as the result of the presence of such third-parties on the Site. Please visit our Privacy Policy to learn more about how we use your information.

11. Disclaimer of Warranties

a. No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. PROVIDE PROVIDES ITS SITE, CONTENT, AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES, CONTENT, OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR A PARTICULAR PURPOSE. PROVIDE DOES NOT WARRANT THAT YOUR USE OF THE SITE OR SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SITE, CONTENT, OR SERVICES WILL BE CORRECTED. PROVIDE DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SITE, CONTENT, OR SERVICES. PROVIDE DOES NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION; AND WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE, ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND THE USER’S FILES AND THE USER’S BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND OUR CONTROL.

b. Third-Party Content. Opinions, advice, statements, offers, or other information or content made available through the Site or Services, but not directly by Provide, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. PROVIDE DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SITE OR SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN PROVIDE. UNDER NO CIRCUMSTANCES WILL PROVIDE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR SERVICES, OR TRANSMITTED TO OR BY ANY USERS.

12. Limitation of Liability

a. Incidental Damages and Aggregate Liability. IN NO EVENT WILL PROVIDE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, DIRECT OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SITE, CONTENT, OR SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR GOODWILL, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES OR CONTENT, EVEN IF PROVIDE KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. UNDER NO CIRCUMSTANCES WILL PROVIDE'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES, CONTENT, OR SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT OR SUBSCRIPTION, OR, IF YOU HAVE NOT PAID PROVIDE FOR THE USE OF ANY SERVICES, THE AMOUNT OF US $25.00 OR ITS EQUIVALENT. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE PROVIDE VISITOR OFFERINGS AND/OR ANY OTHER PROVIDE PRODUCTS AND/OR THE SITE, CONTENT, OR SERVICES MAY BE BROUGHT BY YOU OR PROVIDE MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION.

b. No Liability for Non-Provide Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PROVIDE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, CONTENT, OR SERVICES.

c. Information Verification. Provide and its contractors may use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that Provide and its contractors will have no liability to you arising from any incorrectly verified information.

13. Release

You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site, Content, or Services (including any interactions with, or act or omission of third-party sites).

If you are a California resident, you hereby waive California Civil Code 1542 in connection with the foregoing, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

In addition, you acknowledge that:

You may hereafter discover claims in addition to the ones released in this agreement, and you hereby expressly release us from any such unknown and/or unsuspected claims and released claims.
In the event of a breach of this agreement by us or any third party, the damage, if any, caused to you thereby will not be irreparable or otherwise sufficient to entitle you to seek or obtain injunctive or other equitable relief.
Your rights and remedies in any such event will be strictly limited to the right, if any, to recover damages in an action at law, and you will not have the right to enjoin Provide, nor to revoke or otherwise impair any of the rights granted to Provide herein.

14. Waiver of Jury Trial and Class Actions

BY ENTERING INTO THIS AGREEMENT, YOU AND PROVIDE ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO RECEIVE A JURY TRIAL OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.

15. Indemnification

You agree to indemnify, defend and hold harmless Provide, Fifth Third Bank, and their officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of (i) your use of or inability to use the Site or Services, (ii) your violation of any terms of this Agreement or your violation of any rights of a third-party, or (iii) your violation of any applicable laws, rules or regulations. Provide reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Provide in asserting any available defenses.

16. Consent to Electronic Communications

We may use your email address to send you messages notifying you of important changes to the Services or special offers. Further, we may contact you by telephone if you voluntarily provide us with your telephone number, in order to communicate with you regarding the Services. If you do not want to receive such email messages or telephone calls, please refer to our Privacy Policy to review your options.

Because Provide operates on the Internet, it is necessary for you to consent to transact business with us electronically. We also need you to consent to us giving you certain disclosures electronically, either via our Site or to the email address you provide to us. By agreeing to the Agreement, you agree to receive electronically all documents, communications, notices, contracts, and agreements arising from or relating to your use of the Site and Services, including any loans you may request or receive, your registration as a borrower, your use of the Services, and the servicing of your loan, if funded, (each, a "Disclosure"), from us or our bank partners.

a. Opt-Out: You can revoke your consent by contacting us via email at support@getprovide.com or by calling us at (877) 341-0617.

b. Call Recording and Monitoring: You consent to the recording and monitoring, for quality assurance, training, risk management and/or collection purposes, of any call that you place with us (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) or that we (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) place to you.

c. Scope of Consent: Your consent to receive Disclosures and transact business electronically, and our agreement to do so applies to any transactions to which such Disclosures relate. Your consent will remain in effect for so long as you are a Registered User and, if you are no longer a Registered User, will continue until such a time as all Disclosures relevant to transactions that occurred while you were a Registered User have been made.

17. Export Control

Software and other materials downloaded or otherwise made available from the Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Site may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders.

Provide does not authorize the downloading or exportation of any software or technical data from the Website to any jurisdiction prohibited by the United States Export Control Laws.

18. Term and Termination

This agreement will become effective upon your acceptance of the Agreement by your use of the Site or Services and will remain in effect in perpetuity unless terminated hereunder. Either you or Provide may terminate your account at any time, for any reason or no reason, without explanation, effective upon written notice to the other party. Provide reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. Termination of your access to the Provide Services will not excuse you from any criminal or other civil liability that may result from your actions. You may terminate your account by following the steps in the applicable section under "Cancellations" below.

19. Survival

The provisions of the Agreement entitled “Disclaimer of Warranty,” “Indemnification,” “Limitation of Liability,” “Release," "Waiver of Jury Trial and Class Actions,” “General Provisions,” and any of the licenses granted by you to us in Agreement will survive the termination of this Agreement.

20. Cancellations

You may cancel your profile at any time by emailing us at help@getprovide.com or by calling us at (877) 341-0617.

21. General Provisions

a. Controlling Law and Jurisdiction; Injunctive Relief. You agree that Delaware law (without giving effect to its conflicts of law principles) will govern this Agreement, the Site and the Services and that any dispute arising out of or relating to this Agreement, the Site or the Services will be subject to the exclusive jurisdiction and venue of the federal and state courts in the District of Delaware. You acknowledge and agree that any violation of this Agreement may cause Provide irreparable harm, and therefore agree that Provide will be entitled to seek extraordinary relief in court, including, but not limited to, temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Provide may have for a breach of this Agreement.

b. Miscellaneous. This Agreement, which you accept upon registration for the Services, the Privacy Policy located on the Site, and any applicable payment, renewal, or additional Services terms, comprise the entire agreement between you and Provide regarding the use of this Service, superseding any prior agreements between you and Provide related to your use of this Site or Services (including, but not limited to, any prior versions of this Agreement). Unless otherwise explicitly stated, the Agreement will survive termination of your registration to the Service. The failure of Provide to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. In the event any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. The user’s access to and use of the Website, and the terms of this disclaimer are governed by the laws of the State of Delaware. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

c. Securities Statements. WE MAKE NO REPRESENTATIONS, WARRANTIES OR OTHER GUARANTEES OF ANY KIND AS TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRICE QUOTES, NOR DO WE MAKE ANY REPRESENTATIONS, WARRANTIES OR OTHER GUARANTEES OF ANY KIND AS TO THE PRESENT OR FUTURE VALUE OR SUITABILITY OF ANY SALE, TRADE OR OTHER TRANSACTION INVOLVING ANY PARTICULAR SECURITY OR ANY OTHER INVESTMENT OF ANY KIND. You understand that we are not a broker or dealer in securities, and not an investment or financial advisor.