Updated March 2023
You acknowledge and agree that all of Nurture’s trademarks, trade names, service marks, logos, brand features, and product and service names, including “Nurture Business,” “Nurture,” and “NurtureBusiness.org,” (the “Nurture Marks”) are the sole and exclusive property of Nurture. You may not use the Nurture marks for any purpose including, without limitation, for advertising or promotion, in any public medium, to imply any endorsement by or relationship with Nurture.
You agree to use the App, Website, Content and Services only for lawful purposes. You are prohibited from any use of the App, Website, Content or Services that would constitute a violation of any applicable law, regulation, rule or ordinance or that could give rise to any civil or criminal liability.
Without limitation, you agree not to do any of the following while using the App, Website, Content or Services:
Use any language, or post, upload, transmit, send or otherwise make available any content that: (1) is false or misleading; (2) is defamatory; (3) constitutes an invasion of privacy; (4) is obscene, pornographic, or offensive; (5) promotes bigotry, racism, hatred or harm against any individual or group; (6) infringes another’s rights, including any intellectual property rights; or (7) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability;
Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
Post, upload, transmit, send or otherwise make available through the Website any content that constitutes , junk mail, “spam”, or chain letters, phishing, advertising, and/or commercial offers;
Copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, rent, lease, loan, sublicense, grant a security interest in, or otherwise transfer any right in any of the software used to provide the Website, Content, or Services;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Website;
Impersonate or misrepresent yourself or your affiliation with any person or entity;
Harass, abuse, or harm another person in any way in connection with the App, Website, Content or Services;
Prevent or exclude others, from accessing or using the App, Website, Content or Services; or
Nurture reserves the right to remove or refuse to post or distribute any third party content, and to restrict, suspend or terminate the access or use of the App, Website, Content or Services of any user without notice and with no liability to Nurture whatsoever.
REPRESENTATION OF USERS; PASSWORDS AND SECURITY
When you register for an account, you agree to submit accurate and complete information and to update such information as required from time to time. You will be asked to select a personal, non-transferable password when you create an account. If you submit a request for a lost or forgotten username or password, you may be asked to provide information that Nurture will use to confirm your identity. You are solely responsible for all activities or actions that occur in connection with your password-protected account. You are responsible for maintaining the confidentiality of your account password and agree not to disclose your password to any third party. You agree to notify Nurture immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. You agree that Nurture may send to you in electronic form any notices or other communications regarding the App, Website, Content, and Services and such electronic form will satisfy any legal requirements with respect to communications or notice.
CONSENT TO DO BUSINESS ELECTRONICALLY
Electronic Communications. Any Disclosures will be provided to you electronically through Nurture either on our Website or via electronic mail to the verified email address you provided during registration for the Services. If you require paper copies of such Disclosures, you may write to Nurture at the mailing address provided below and a paper copy will be sent to you.
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.
Consenting to Do Business Electronically.
Before you decide to do business electronically with us, you should consider whether you have the required hardware and software capabilities described below.
Hardware and Software Requirements.
In order to access and retain Disclosures electronically, you must satisfy the following computer hardware and software requirements: access to the Internet; an email account and related software capable of receiving email through the Internet; a web browser which is SSL-compliant and supports secure sessions, or the equivalent software; and hardware capable of running this software.
You may withdraw your consent to receive Disclosures electronically by contacting Nurture at the address below.
How to Contact Nurture regarding Electronic Disclosures.
You can contact Nurture via email at firstname.lastname@example.org . You may also reach Nurture in writing at the following address: Nurture, 313 Bowsman Ct., Oakland CA 94601.
SMS Notifications Terms.
Nurture may communicate with you, with your prior consent, through text message to inform you about your participation in our programs, or to notify you about programs or services that might be of interest for you. You can cancel the SMS service at anytime. Just text “STOP” to the short code, or email us at email@example.com . After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at firstname.lastname@example.org . Carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from us and to us from you. You may receive messages (5+ per month) related to programs and services to which you subscribe. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
THE APP, WEBSITE, CONTENT, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NURTURE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NURTURE OR THROUGH THE APP, WEBSITE, CONTENT, OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NURTURE MAKES NO WARRANTY THAT THE APP, WEBSITE, CONTENT, OR SERVICES WILL MEET YOUR REQUIREMENTS, BE ACCURATE, COMPLETE, CURRENT OR TIMELY, UNINTERRUPTED, SECURE, OR ERROR-FREE.
NURTURE DOES NOT WARRANT THAT THE APP, WEBSITE, CONTENT, AND SERVICES ARE FREE OF DEFECTS, VIRUSES, MALFUNCTIONS, OR HARMFUL COMPONENTS THAT COULD DAMAGE OR ALLOW UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NURTURE IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED AT OR THROUGH THE WEBSITE, CONTENT, AND SERVICES OR BY YOUR RELIANCE ON SUCH INFORMATION OR IDEAS.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER NURTURE NOR ITS AFFILIATES OR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES (OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS) SHALL BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM THE WEBSITE, CONTENT, AND SERVICES OR THE USE, ATTEMPTED USE OR INABILITY TO USE THE APP, WEBSITE, CONTENT, AND SERVICES, INCLUDING LOST REVENUE, LOST DATA, DAMAGED DEVICES OR OTHER INTANGIBLES, EVEN IF Nurture HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, YOU AGREE THAT NURTURE’S TOTAL LIABILITY FOR DAMAGES, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE ACTUAL TOTAL AMOUNT, IF ANY, RECEIVED BY Nurture FROM YOU TO ACCESS THE WEBSITE, CONTENT, AND SERVICES OR, IF GREATER, $100. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
LINKS TO THIRD PARTY WEBSITES
The Website may contain links to third-party websites or resources. You acknowledge and agree that Nurture is not responsible or liable for: (1) the availability or accuracy of such websites or resources; or (2) the content, information, products, or services on or available from such websites or resources. Links to such third-party websites or resources do not imply any endorsement by Nurture of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge and agree that your access and use of such third party websites and resources is your sole responsibility and you assume all risk arising from your access and use of any such websites or resources.
If any of these terms or conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.
GOVERNING LAW; ARBITRATION
The cost of each arbitration proceeding, including without limitation the arbitrator’s compensation and expenses, meeting room charges, court reporter transcript charges, and similar expenses, shall be borne by the party whom the arbitrator determines has not prevailed in such proceeding, or borne equally by the parties if the arbitrator determines that neither party has prevailed.
Neither you nor Nurture may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or our individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
Should a Claim arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and us, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in the County of San Francisco, California.
Updated November 2022
CATEGORIES OF INFORMATION WE COLLECT ONLINE
We collect information when you interact with us online, in person, or on a mobile device, for example, when you visit our website, mobile application, contact us, or make a donation online. We may collect the following categories of information from or about you:
Information you provide to us: We collect the information you provide when you choose to contact us, submit an application, make a donation, or submit an online or mobile form. This may include personally identifying information, such as your name, form of identification, email, address, phone number, birth date, geographic location, credit card, business or licensing information, income, debt, and other financial information necessary to process your request. Disclosure of this information is voluntary; however, if you choose not to provide the requested information, you may be unable to access the service in question. Nurture may also compile aggregate, non-personally identifiable business and participant profile related information for educational and fundraising purposes in furtherance of Nurture’s mission.
Information about your use of our website and mobile application: Nurture employs third-party services, such as Google Analytics, to passively collect general user information so we can calculate how many visitors come to our website or mobile application, how they find us and how they interact with or services while there. We use this information to help us make the website and mobile application more responsive to your needs. Such information may include IP address, location information, type of device, platform-related information, and browsing history.
HOW WE USE INFORMATION WE COLLECT
Generally speaking, we use personal information to communicate with you, to inform you of programs and services that may be of interest, to provide, improve, and develop our services, and to protect us and our users. Nurture collects and processes your personal information for the following purposes:
Communicating with you: We may use your personal information to communicate with you, process your requests, applications or donations, send you reminders, and to inform you about our policies and terms. If you participate in our programs, you agree that all communications from Nurture relating to your use of the website and participation in our programs may be provided or made available to you electronically via the e-mail address you provide us or via the website. You may withdraw your consent to receive communications electronically by contacting Nurture in the manner described below. However, if you withdraw your consent to receive communications electronically from Nurture (other than for optional promotional emails described below), Nurture will not have the ability to permit you to continue in certain programs and services. The withdrawal of your consent will not affect the legal validity and enforceability of electronic communications provided by us in connection with any remaining obligations to the program, or any electronic communications provided by Nurture prior to the time you withdraw your consent. It is your responsibility to keep Nurture informed of any changes in your email address so that you don’t miss important communications. Nurture may disclose your email address to its partners and service providers as needed. Nurture may also communicate with you through physical mail, and, with your prior consent, by text message at any telephone number that you have provided to us, and in a manner as described further below; if you do not want to receive text messages from Nurture, please contact us at email@example.com or as described below in the SMS Notification section.
Informing you about programs or services that may be of interest: We may use your personal information to send you Nurture promotional communications; for example, we may periodically send you emails about new Nurture programs and services, content or services that may be of interest to you, or upcoming events. If you do not wish to receive such emails in the future, you can contact us at firstname.lastname@example.org to opt-out of receiving such communications. Note that if you decide to opt-out, we may still send you non-promotional communications, such as communications about your existing loan, donation, or online account.
Providing, improving, and developing our services: We use your information to help us provide, improve, and develop our services, which is necessary for us to pursue our legitimate interest, provide you with quality services, and to further Nurture’s mission to create a more fair marketplace. This includes using aggregate, non-personally identifiable information for purposes such as data analysis, research, and education. The information we receive allows us to tailor our service offerings, improve your online experience, educate and inform you, and customize the content and layout of our pages.
Promoting safety and security: We use your information to pursue our legitimate interest in helping verify accounts and user activity, as well as in promoting safety and security, such as by monitoring fraud, investigating suspicious or potentially illegal activity or violations of our terms or policies, protecting our rights, or pursuing available remedies.
SMS Notifications: Nurture may also communicate with you, with your prior consent, through text message to inform you about your participation in our programs, or to notify you about programs or services that might be of interest for you. You can cancel the SMS service at any time. Just text “STOP” to the short code, or email us at email@example.com . After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at firstname.lastname@example.org . Carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive up to 5 messages per month. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
THIRD PARTIES TO WHOM WE DISCLOSE INFORMATION
Nurture will not rent or sell your personal information to third parties. We may disclose personal information we collect online to the following categories of third parties:
Vendors and Service Providers: We use third-party companies to help us provide our services to you, for example, to process payments and transactions, operate our mobile application, interface with credit bureaus or financial institutions, communicate with you, and send Nurture promotional materials. Some of these companies are given access to some or all of the information you provide to us. All such access shall be under appropriate confidentiality agreements and limited to use to provide services to Nurture to help Nurture further its mission. Personal information will not be shared with these third parties for their own marketing purposes.
Credit Bureaus: Nurture may disclose some or all of the information you provide us to credit bureaus (i.e. Equifax, Experian, and TransUnion) to provide our services and help you build a credit history. This may include your name, address, social security number, and information about your loan balance and payments. The information provided to credit bureaus may be used in consumer credit reports. Credit bureaus are regulated by federal, state, and local laws, rules, and regulations intended to protect consumers’ privacy, including the Fair Credit Reporting Act, and credit bureaus may only use and disclose personal information subject to applicable legal restrictions and requirements.
Local & State Governments: Certain city, county and state governments utilize Nurture to provide financial services to their residents or to support small business owners with licensing and related services. If you obtained services from Nurture that are funded in whole or in part by one of these local governments, that government may be given access to some or all of the information you provide to us. All such access shall be under appropriate confidentiality agreements and limited to specific uses.
Other Website and Mobile Application Users: Nurture may publicly display and disclose aggregate, non-personally identifiable, anonymous loan information for educational, informational or promotional purposes in furtherance of Nurture’s mission. Nurture will never include any personally identifying information without your express consent.
Legal Compliance and Security: In certain special cases, we may disclose your personal information when we have reason to believe that disclosing this information is necessary to identify or contact you or bring legal action against someone who may be causing injury to you, Nurture, or someone else. We may disclose your personal information when we believe the law requires it, in response to any demand by law enforcement authorities in connection with a criminal investigation, in response to civil or administrative authorities in connection with a pending civil case, governmental authorities or administrative investigation, or in connection with an investigation conducted by Nurture.
COOKIES & WEB BEACONS
Cookies are small text files created by a website that store information on your computer, such as your preferences when visiting that website. Similar to many websites, if you have enabled cookies in your browser, Nurture, independently and through enabled third-party tools and programs, collects certain technical information using cookies, such as how a user got to our website, what pages are visited, originating IP address, browser type, browser language and the date and time of the user’s visit. This information helps Nurture track trends and improve areas of the website and services. A cookie does not identify you personally, but only identifies your browser. Many browsers maintain a default setting to allow cookies. You have the ability to modify this setting so as to decline cookies. The “Help” tab on your toolbar may guide you to the settings for your browser that will allow you to change your browser settings with regard to cookies. Please note that if you decline cookies, your use of our website may be impaired.
Web beacons are tiny graphics with a unique identifier that are similar in function to cookies but, instead of being stored on your computer, are embedded invisibly on web pages and are about the size of the period at the end of this sentence. Web beacons are used to track the online movements of internet users and help Nurture better understand who is interacting and engaging with the website and our programs and services.
COMPANIES OTHER THAN NURTURE
If you use Nurture web features that are integrated with third-party websites or services (e.g. Twitter and Facebook) to share information about your activity (e.g. information about recently completed loan payments or distributions and whether you “like” Nurture), Nurture will share this information with the third-party website or service and additional information, if any, that you choose to provide to Nurture to use these features (for example, your username for the third party website or service). If you use interactive features on Nurture to indicate that you “recommend” a particular feature or listing on Nurture, that information will be collected, may be displayed on the website, and may be shared on any applicable third-party websites and services to which you have authorized such information sharing.
OUR DATA LOCATION
Depending on where you live, you may have the right to:
See what data we have about you, if any, and access the data
Change/correct any data we have about you.
Have us delete any data we have about you.
Receive your personal information in a structured and standard format.
Express concerns you have about our use of your data.
If you are a California resident, California law permits you to request information regarding the disclosure of your personal information to third parties for the third parties’ direct marketing purposes. Nurture does not share personal information with third parties for their own marketing purposes.
You may contact us at email@example.com to exercise your rights. We will respond to your request in a reasonable timeframe, and in any event in less than one month or 45 days, depending on the law applicable where you live. You may also lodge a complaint with the competent data protection authority regarding the processing of your personal information.
To protect the privacy and the security of your personal information, we may request information from you to enable us to confirm your identity and right to access such information, as well as to search for and provide you with the personal information we maintain. There are instances where applicable laws or regulatory requirements allow or require us to refuse to provide or delete some or all of the personal information that we maintain.