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Terms & Conditions

Last Updated: July 28, 2025

  1. Introduction.
    You are visiting a website owned and operated by Warmest Dear, LLC, (“5K-Funds,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of this website, including any affiliated sites operated by 5K-Funds and its subsidiaries, where these Terms are posted (collectively, the “Site” or “Website”), as well as the products, services, features, and content made available through them (collectively, the “Services”). By accessing, browsing, or using the Site or Services, you acknowledge and agree that you have read, understood, and consent to be legally bound by these Terms and our Privacy Policy, which is incorporated herein by reference. You further represent and warrant that, to the fullest extent required under applicable state and federal laws, you have been provided with and agree to any legally required disclosures and consents. Certain Services offered through the Site may be subject to additional terms, conditions, or disclosures. By choosing to proceed with any such Service, you confirm that you have read, understood, and agree to be bound by any such additional terms, which are incorporated into these Terms by reference.

  2. Agreement.
    By accessing, browsing, or using this Website or any affiliated sites or Services, you expressly acknowledge and agree that:

    • Binding Agreement: You have read, understood, and agreed to be legally bound by these Terms, as well as our Privacy Policy, which is incorporated into these Terms by reference.

    • Legal Disclosures and Consent: To the fullest extent required by applicable state and federal law, you acknowledge that you have been provided with all necessary disclosures, have received them in a legally sufficient manner, and consent to all required terms and practices described therein.

    • Eligibility You confirm that you are at least 18 years of age (or the age of legal majority in your jurisdiction), and that you are not prohibited by law from accessing or using any of the Services provided through this Website.

    In addition, certain Services offered through the Website may be governed by additional terms and conditions specific to those Services. By proceeding with the use of such Services, you agree that you have reviewed, understood, and accepted any supplemental terms applicable to that specific Service. If you do not agree to these Terms in full, you must not access or use the Website or any Services provided herein.

  3. Modification.
    We reserve the right, at our sole discretion, to update, modify, or replace these Terms at any time. Any changes will be posted to this Website, and the “Last Updated” date at the top of this page will reflect the date of the most recent revision. Unless otherwise stated, revised Terms will become effective seven (7) days after they are posted. In the event of material changes (such as updates that affect your rights or obligations) we may provide additional notice, such as by email or a prominent notice on the Website. We encourage you to review these Terms periodically to stay informed of any updates. Your continued access to or use of the Website or Services after the effective date of any changes constitutes your acknowledgment and acceptance of the modified Terms.

    If you do not agree to any amended terms, you must discontinue your use of the Website and Services immediately.

  4. Eligibility.
    The Services offered on this Website are intended solely for use by individuals who are at least 18 years of age and are legal residents of the United States. By accessing or using this Website, including applying for or utilizing any of its Services, you represent and warrant that:

    • You are 18 years of age or older;

    • You are a legal resident of the United States;

    • You are legally capable of entering into a binding agreement; and

    • You are not prohibited from using the Services under any applicable law or regulation.

    Please note that not all Services described on this Website are available in all geographic locations or jurisdictions. Eligibility for specific Services is subject to final approval and determination by 5K-Funds, its affiliates, and/or its lending and service partners. We reserve the right to deny or restrict access to the Website or any Service at our sole discretion, without prior notice, for any reason, including but not limited to violations of these Terms.

  5. Authorization to Obtain Credit Reports and Verify Information.
    By submitting a loan request through this Website, you provide your express written consent under the Fair Credit Reporting Act (FCRA) authorizing 5K-Funds and its affiliates, as well as any third-party lenders, service providers, or financial partners with whom your request is shared (collectively, “Authorized Parties”), to obtain and review information about you from one or more consumer reporting agencies. This includes, but is not limited to, your consumer credit report, credit score, and related credit information from agencies such as Experian, TransUnion, Equifax, Clarity Services, Array, or other recognized credit bureaus.

    These Authorized Parties may use this information for the following purposes:

    • To verify your identity and eligibility;

    • To provide personalized loan quotes or offers;

    • To conduct a creditworthiness assessment as part of a loan decision;

    • To comply with applicable legal, regulatory, or underwriting requirements.

    In addition, you acknowledge and agree that these parties may use third-party identity verification services to validate the accuracy of the information you provide, including but not limited to your Social Security number, current and previous addresses, phone numbers, bank account details, and employment history. Obtaining a credit report does not guarantee approval for any loan or service, and your credit may be pulled by multiple parties depending on the number of lenders reviewing your application.

  6. Services Offered by this Website.

    Online Marketplace for Lenders and Other Providers.
    This Website operates as a digital marketplace that connects consumers with third-party lenders, non-lender financial service providers, and other entities (collectively, "Network Partners"). By clicking “Submit” or any similar button indicating your intent to proceed, you represent and warrant that all information provided in your loan request form is accurate, truthful, and complete to the best of your knowledge.

    Network Partners participating in our platform utilize proprietary filters, eligibility criteria, and bid strategies to identify the types of consumers with whom they wish to connect. These Network Partners also determine the compensation they are willing to pay 5K-Funds in exchange for the opportunity to present offers to qualifying consumers. This compensation may influence the order or manner in which offers are presented to you.

    Upon submitting your loan request, 5K-Funds transmits your information in real time through our automated network, which may result in the request being connected to a Network Partner. If connected, you will be redirected to that Network Partner’s website, where you may be presented with a loan offer or other related product or service.

    If your request is not accepted by any Network Partner, we may:

    • Present you with an option to resubmit your request;

    • Offer you information on alternative products or services; or

    • Share your contact information with trusted third-party marketers or service providers who may contact you via email or text/SMS to present relevant offers (message and data rates may apply).

    Tribal Lender Disclosure.
    By submitting your loan request, you may be matched with a tribal lender or marketplace lender. Tribal lenders operate under the authority of sovereign tribal nations and may claim exemption from state laws governing licensing and interest rate limitations. This means that loans offered by tribal lenders may carry higher rates and fees compared to state-licensed lenders, and may also require arbitration or dispute resolution in a tribal jurisdiction.

    You are strongly encouraged to thoroughly review and fully understand the terms and conditions of any loan offer and to reject any offer you cannot afford or find unacceptable. By using this Website, you acknowledge and agree that you have read and understood this disclosure.

    We Are Not a Lender.
    5K-Funds is not a lender, loan broker, financial institution, or agent of any lender or financial institution. This Website does not constitute an offer or solicitation to lend. We do not make credit decisions, originate loans, or guarantee approval or loan terms. 5K-Funds collects and transmits your personal and financial information to Network Partners who may provide loan offers or related products. Your information may also be shared with non-lenders or intermediary providers to facilitate a connection with a lender. Submitting your information does not guarantee:

    • That you will be connected with a lender;

    • That you will be approved for a loan;

    • That you will receive the loan amount requested; or

    • That the loan will be available in your state or jurisdiction.

    Loan amounts, terms, funding timelines, and lender availability may vary. If a lender does not operate in your state, you will not be connected with that lender. For any questions regarding a loan product or decision, you must contact the lender directly.

    Advertiser Disclosure.
    5K-Funds provides this service free of charge to you. However, we may be compensated by lenders, non-lenders, and third-party providers for each lead or referral we deliver. Your use of this Website constitutes your understanding and agreement to this compensation structure. We do not endorse, recommend, or guarantee the products, services, or practices of any particular Network Partner. You are solely responsible for evaluating loan offers, determining suitability, and selecting the lender or provider that best fits your financial situation. We do not guarantee that offers presented are the best available in the market.

    Requests for Other Products and Services.
    In addition to loan-related services, 5K-Funds may offer or allow you to request additional products or services that align with your interests. These may include, but are not limited to:

    • Debt consolidation or settlement services

    • Auto title loans

    • Credit card offers

    • Health, life, or other insurance products

    • Credit monitoring or repair services

    By submitting your information, you consent to receiving offers and marketing communications for these ancillary services when applicable.

    Not Professional Advice.
    The information, content, and services provided by 5K-Funds are offered solely for your convenience and do not constitute financial, legal, medical, or professional advice. We make no representations or warranties regarding the suitability, reliability, or accuracy of any content or service. You should not rely on any information provided by this Website as a substitute for consultation with a qualified professional. Always seek advice from a licensed professional regarding your financial decisions. Never disregard or delay seeking professional advice because of something you have read or encountered on this Website. No fiduciary or professional-client relationship is formed between you and 5K-Funds through the use of this Website or any of our Services.

  7. Data Sharing with Lenders, Providers, Non-Lending Financial Institutions, and Third Parties.
    When you voluntarily submit your loan request or provide any personal information through this Website, you acknowledge and agree that 5K-Funds will share the information you provide with third-party lenders, service providers, non-lending financial institutions, and other affiliated entities (collectively, “Network Partners”). These Network Partners may collect, store, and use the information you provide, including data from your loan request form and any other information obtained during the processing of your application or related services. Network Partners may retain this information regardless of whether you qualify for, accept, or ultimately receive a loan or other products and services. This retention may also apply if you do not meet eligibility criteria or do not complete a transaction. You are responsible for directly contacting any Network Partner if you wish to stop receiving communications or offers from them. Furthermore, 5K-Funds and its Network Partners may disclose the information you provide to applicable state licensing authorities, government regulators, and law enforcement agencies as required by law or regulation.

    Under agreements between 5K-Funds and Network Partners, we may receive updates about the status of your loan request, including, but not limited to, loan approval status, funding amount, or loan disposition. Detailed information on how your data is handled by each Network Partner can be found in their respective Privacy Policies, which we encourage you to review. By submitting your information, you expressly consent to 5K-Funds and the selected Network Partners sharing your personally identifiable information for purposes including, but not limited to:

    • Providing the products and services you request;

    • Responding to litigation, regulatory inquiries, or law enforcement requests;

    • Conducting internal analytics and performance assessments;

    • Marketing and promotional communications.

    Your consent is a necessary part of using our Services and enables us to connect you with the appropriate providers efficiently and securely.

  8. Consent to Receive Communications Electronically.
    By submitting a loan request on or through this Website, you expressly consent and agree to receive all legally required disclosures, notices, and other communications (collectively, “Disclosures and Communications”) electronically, in accordance with the terms of our Electronic Consent (“E-Consent”). Network Partners and 5K-Funds, LLC are required by law to provide you with certain disclosures and communications related to your loan request or any services offered. These may include, but are not limited to:

    • Information regarding the status of your loan request;

    • Requests for additional information or clarification regarding your application;

    • Federal and State Truth-in-Lending disclosures;

    • Terms, conditions, agreements, and other contractual documents; and

    • Privacy policies of 5K-Funds and its Network Partners.

    You acknowledge that electronic delivery is a valid and effective means of receiving these documents and that you have the right to receive any document in a non-electronic format upon request. If you wish to withdraw your consent to receive electronic communications at any time, or if you no longer want to receive communications from 5K-Funds or its Marketing Service Providers, you may do so by:

    1. Contacting us via email at info@5k-funds.com, or

    2. Using the opt-out mechanism provided in the communications you receive from us.

    Please note that opting out of electronic communications may limit or delay your ability to receive important information related to your loan request or other services.

  9. Consent to Receive Communications, Telephone Calls, and SMS Messaging.
    By submitting your information on our Website and providing your consent, you agree that 5K-Funds, its affiliates, Network Partners, and designated Marketing Service Providers may contact you via telephone calls and/or SMS/text messages at the phone numbers you provide, including both landline and cellular numbers. This consent includes calls or messages made using automated dialing systems or pre-recorded messages, even if your number is listed on any federal, state, or local Do-Not-Call registry. Communications you receive may relate to your loan request or may include marketing of loan and non-loan related products and services such as debt consolidation or settlement services, health insurance products, auto title loans, credit card offers, and other products or services that may be of interest to you. Standard message and data rates may apply for SMS communications.

    By submitting a loan request, you acknowledge that a business relationship is established between you and 5K-Funds, and you expressly consent to receive electronic communications, including agreements, disclosures, notices, and other information required by law, in electronic form. This electronic delivery satisfies any legal requirement that such communications be in writing. You also authorize us to retain the information you provide and to make live or recorded calls or send messages to discuss or remind you about any aspect of your loan request, including incomplete submissions, offers, deadlines, service quality, or related products and services. If you wish to withdraw your consent and opt out of receiving future communications from 5K-Funds, and its Marketing Service Providers, you may do so at any time by:

    • Using the opt-out mechanism provided in the communication you receive, or

    • Contacting us directly via email a info@5k-funds.com, or

    Please note that opting out of communications may affect your ability to receive important information regarding your loan request or related services.

  10. Copyrights and Trademark.
    All content on this Website—including, but not limited to, software, graphics, text, design elements, images, illustrations, databases, user interfaces, visual and audio components, structure, arrangement, products, and information (collectively, the “Content”)—is owned, controlled, or licensed by 5K-Funds and/or its licensors. This Content is protected by U.S. and international copyright laws, trademark laws, patent laws, trade secret protections, and other intellectual property and unfair competition laws.

    Except as expressly permitted by 5K-Funds in writing, no part of this Website or its Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, transmitted, distributed, modified, framed, mirrored, or otherwise used in any manner without the prior written consent of 5K-Funds. Unauthorized use of the Website’s Content may violate copyright, trademark, and other laws and may result in civil or criminal penalties.

    All trademarks, service marks, logos, and trade names displayed on this Website are the registered or unregistered trademarks of 5K-Funds or their respective owners. Nothing on this Website should be construed as granting any license or right to use any trademark displayed on this site without the prior written permission of 5K-Funds or the applicable trademark owner.

  11. Privacy.
    Your privacy is important to us. 5K-Funds employs industry-standard security measures and best practices to protect your personally identifiable information (“PII”) from unauthorized access, disclosure, alteration, or destruction. For detailed information about how we collect, use, and safeguard your information, please review our full Privacy Policy. When you use this Website, 5K-Funds and/or its Network Partners may collect, verify, and record personal information including, but not limited to, your name, Social Security number, address, telephone number, and date of birth. This information is necessary to accurately identify you and facilitate your loan request. During the application process with our Network Partners, you may be required to provide additional documentation (such as a driver’s license or other government-issued identification) to further verify your identity and comply with applicable legal and regulatory requirements.

  12. Foreign Users.
    5K-Funds makes no representation that the content, products, or services offered on this Website are appropriate, available, or lawful for use in jurisdictions outside the United States. If you access or use this Website from outside the United States, you acknowledge and agree that:

    • You have voluntarily initiated contact with 5K-Funds from your location;

    • You will not use, transmit, disseminate, or upload any content or materials through this Website in violation of any applicable local, state, national, or international laws or regulations of your country of residence;

    • 5K-Funds shall have no liability under any laws other than those of the United States;

    • Your use of this Website and any related Services shall be governed exclusively by the laws of the United States, and any disputes shall be subject to the arbitration and venue provisions set forth in these Terms;

    • You expressly consent to the processing and storage of your personal data in the United States, in accordance with applicable U.S. privacy laws.

    By continuing to access or use this Website from outside the United States, you confirm your understanding and acceptance of these conditions.

  13. Representations and Warranties.
    By using this Website, you represent, warrant, and affirm to 5K-Funds that: (i) you are at least 18 years of age and legally capable of entering into a binding agreement; (ii) you have the full authority and legal capacity to accept and be bound by these Terms; (iii) you will not use this Website or any of its content, features, or services for any unlawful purpose, or in any way that infringes upon the rights of 5K-Funds or any third party; (iv) any information, data, or materials you submit through this Website—including but not limited to your name, email address, phone number, financial details, or other identifying information—is accurate, truthful, complete, and does not violate any law or infringe on any third-party rights; (v) you are not impersonating any person or entity, and you are not using a false identity or misrepresenting your affiliation with any person or organization; (vi) you have the necessary authority, rights, and permissions to perform your obligations and comply with these Terms as a user of this Website. Your continued use of this Website constitutes a reaffirmation of these representations and warranties.

  14. Disclaimers and Limitation of Liability.

    No Warranties
    5K-funds PROVIDES THIS WEBSITE, INCLUDING ALL INFORMATION, CONTENT, FUNCTIONALITY, PRODUCTS, AND SERVICES AVAILABLE THROUGH IT, ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND—EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, 5K-funds, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: (i) IMPLIED WARRANTIES OF MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE; (iii) NON INFRINGEMENT; (iv) ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION; (v) AVAILABILITY OR TIMELINESS OF SERVICE; (vi) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE PRACTICE. 5K-funds, LLC MAKES NO REPRESENTATIONS OR GUARANTEES THAT YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT ANY INFORMATION OBTAINED THROUGH THIS WEBSITE WILL MEET YOUR EXPECTATIONS OR THAT RESULTS WILL BE RELIABLE OR SUITABLE FOR YOUR NEEDS.

    No Responsibility for Third Parties
    5K-funds IS NOT RESPONSIBLE FOR, AND DISCLAIMS ALL LIABILITY RELATED TO: (i) THE CONDUCT, ACTS, OR OMISSIONS OF ANY NETWORK PARTNER OR THIRD-PARTY SERVICE PROVIDER; (ii) THE ACCURACY OR LEGALITY OF ANY QUOTES, LOAN OFFERS, OR SERVICES PROVIDED BY NETWORK PARTNERS; (iii) ANY FAILURE BY A NETWORK PARTNER TO CONTACT YOU, APPROVE YOU, FUND A LOAN, OR PERFORM UNDER ANY AGREEMENT; (iv) ANY DISPUTE, TRANSACTION, OR RELATIONSHIP BETWEEN YOU AND ANY NETWORK PARTNER OR OTHER THIRD PARTY. ALL SUCH INTERACTIONS ARE SOLELY BETWEEN YOU AND THE THIRD PARTY, AND YOU ASSUME ALL RISK ASSOCIATED THEREWITH.

    Limitation of Liability
    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 5K-funds, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, NETWORK PARTNERS, OR MARKETING SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR: (i) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; (ii) DAMAGES FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, COMPUTER FAILURE, UNAUTHORIZED ACCESS TO OR LOSS OF PERSONAL INFORMATION; (iii) OR ANY DAMAGES ARISING FROM OR RELATED TO YOUR ACCESS TO, USE OF, OR INABILITY TO USE THIS WEBSITE OR ANY SERVICE OFFERED THROUGH IT, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE—EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE TOTAL LIABILITY OF 5K-funds, LLC FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS WEBSITE OR THESE TERMS SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 USD), REGARDLESS OF THE FORM OF ACTION.

    Jurisdictional Exceptions
    SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN SUCH CASES, LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  15. Indemnification.
    As a condition of your access to and use of this Website and/or any services provided by 5K-Funds, you agree to indemnify, defend, and hold harmless [Site Name], its officers, directors, employees, agents, affiliates, subsidiaries, Marketing Service Providers, Network Partners, licensors, and service providers (collectively, the “Indemnified Parties”) from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees and legal costs, arising out of or relating to:

    • Your use or misuse of the Website or any services provided through the Website;

    • Your violation of these Terms and Conditions or any applicable law or regulation;

    • Any content or materials submitted, posted, transmitted, or otherwise made available by you through the Website;

    • Any misrepresentation, fraud, or negligence by you in connection with your use of the Website;

    • Any interaction, transaction, or dispute between you and a Network Partner or any third party arising from your use of this Website.

    You agree not to settle any such claim, action, or matter without the prior written consent of 5K-Funds. The Indemnified Parties reserve the right, at their sole discretion and at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such case, you agree to cooperate fully with the Indemnified Parties in the defense and resolution of such matter. This indemnification obligation will survive the termination or expiration of your use of the Website and any applicable agreements.

  16. Errors and Delays.
    You acknowledge and agree that 5K-Funds is not liable for any errors, delays, or failures in responding to your inquiry, loan request, or referral submission that result from circumstances beyond our reasonable control. This includes, but is not limited to, incorrect or incomplete information provided by you (such as an invalid email address or phone number), technical malfunctions, outages of internet service providers, system failures, or acts of God. 5K-Funds shall not be held responsible for any losses or damages resulting from such errors or delays.

  17. Links to Third Party Websites.
    This Website may contain links to third-party websites that are not owned, operated, or controlled by 5K-Funds. These links are provided solely as a convenience to you and do not constitute an endorsement, sponsorship, or recommendation by 5K-Funds of the third-party website, its content, or any products or services offered therein. You acknowledge and agree that 5K-Funds has no control over, and assumes no responsibility for, the content, policies, or practices of any third-party websites. Accessing such third-party sites is done entirely at your own risk, and your use of any third-party websites may be subject to separate terms and conditions and privacy policies imposed by the operators of those sites.

  18. Notice of Claim Requirement.
    Before initiating any legal action or arbitration concerning a dispute arising out of your use of this Website or services provided by 5K-Funds, you agree to provide us with a written notice of your claim and a reasonable opportunity to resolve the matter. Your notice must include the following: (i) your full name; (ii) your mailing address; (iii) a clear written description of the claim or issue; and (iv) a specific statement of the relief or remedy you are seeking. Please send your notice by email to info@5k-funds.com and via certified mail to:

    • Warmest Dear, LLC
    • Attn: Legal Department
    • 1223 Wilshire Blvd, #852
    • Santa Monica, CA 90403-5400

    We will review your notice and attempt to resolve the dispute in good faith within thirty (30) days of receipt. If the matter is not resolved within that timeframe, you may pursue further legal remedies as described in these Terms and Conditions.

  19. Release and Discharge.
    By accessing and using this Website, you knowingly and voluntarily release, remise, acquit, and forever discharge 5K-Funds, its Marketing Service Providers, its Network Partners, and each of their respective officers, directors, employees, agents, contractors, licensors, licensees, affiliates, suppliers, service providers, and any other related, associated, or affiliated entities (collectively, the “Released Parties”) from any and all manner of claims, demands, actions, causes of action, liabilities, losses, damages, costs, expenses (including reasonable attorneys’ fees), and proceedings of every nature and kind whatsoever (whether known or unknown, suspected or unsuspected, disclosed or undisclosed, in law or in equity) that have arisen or may arise out of, relate to, or are in any way connected with:

    • Your access to or use of this Website;

    • Your reliance on any content, materials, or services provided through or in connection with this Website;

    • Any communications or interactions between you and 5K-Funds, its Marketing Service Providers, or Network Partners;

    • Any agreement or transaction you enter into with a third party as a result of using this Website.

    This release is intended to be as broad and inclusive as permitted by applicable law and shall be governed by and interpreted in accordance with the laws of the United States. If you are a California resident, you expressly waive any rights you may have under California Civil Code §1542.

  20. Dispute Resolution and Binding Arbitration.
    Binding Individual Arbitration You agree that any dispute, claim, or controversy arising out of or relating to your use of this Website, the Services, the Content, or these Terms (“Dispute”) shall be resolved solely through final and binding individual arbitration, rather than in court. This arbitration will be administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules. The arbitration shall take place in Los Angeles, California, unless otherwise agreed in writing. The arbitrator(s) shall: (i) apply applicable law without deviation; (ii) make all reasonable efforts to expedite proceedings and minimize discovery; (iii) have exclusive authority to resolve any dispute regarding the interpretation, applicability, enforceability, or formation of this arbitration provision.

    You acknowledge and agree that:

    • You are waiving your right to a jury trial;

    • You may not participate as a plaintiff or class member in any class, representative, or consolidated proceeding.

    • Each arbitration must be conducted solely on an individual basis.

    Jurisdiction and Governing Law
    This Agreement shall be governed by the laws of the State of California, without regard to conflict of law principles. If for any reason a Dispute proceeds in court rather than arbitration (such as to confirm or enforce an arbitration award), you consent to the exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County, California, and waive any objections to such jurisdiction or venue.

    Time Limit to Initiate a Dispute
    Any claim or cause of action you may have arising out of or related to the Website, Services, or Content must be initiated within one (1) year from the date the claim arose or the date on which you reasonably should have discovered it. Otherwise, such claim is permanently barred.

    Severability and Entire Agreement
    If any provision of this Agreement, including the arbitration clause, is found to be invalid or unenforceable, that provision shall be reformed to the extent necessary to make it enforceable, consistent with the intent of the original provision. Such a finding shall not affect the enforceability of the remaining provisions of this Agreement.

    This Agreement, including any referenced policies or additional terms incorporated by reference, constitutes the entire agreement between you and 5K-Funds regarding your access to and use of the Website and supersedes any prior or contemporaneous oral or written communications.

    You acknowledge that in entering into this Agreement, you are not relying on any representation, warranty, statement, or promise not expressly stated herein, and you waive any claimed reliance on such prior statements.

  21. No Class Action.
    To the fullest extent permitted by law, you and 5K-Funds agree that any dispute resolution will be conducted solely on an individual basis and not in a class, consolidated, or representative action. You understand and agree that you are waiving your right to participate as a plaintiff or class member in any purported class action, class arbitration, private attorney general action, or other representative proceeding. Any claim you bring must be asserted solely in your individual capacity.

  22. DMCA Notice.
    In accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512(c), if you believe that any content on this Website infringes upon a copyright you own or control, you may submit a properly formatted notice of claimed infringement to our designated agent at:

    5K-Funds, LLC Email: info@5k-funds.com

    To be effective, your notice must comply with the requirements of 17 U.S.C. § 512(c)(3). Please note that we may forward your notice (with personal information redacted) to a third-party organization, such as the Chilling Effects Clearinghouse, for publication or annotation purposes.

  23. California Consumer Notice.
    Pursuant to California Civil Code Section 1789.3, California users of this Website are entitled to the following consumer rights notice: If you have a complaint regarding the Website or wish to request further information regarding its use, you may contact:

    • California Department of Consumer Affairs
    • Consumer Information Division
    • 400 R Street, Suite 1080
    • Sacramento, CA 95814
    • Phone: (800) 952-5210 or (916) 445-1254
    • Email: dca@dca.ca.gov.

  24. Entire Agreement.
    These Terms of Use, together with the Privacy Policy (incorporated herein by reference), constitute the entire agreement between you and 5K-Funds concerning your use of this Website and the services offered. They supersede any and all prior or contemporaneous communications, understandings, or agreements—whether oral, written, or electronic—between you and 5K-Funds regarding the subject matter herein.

  25. Miscellaneous.
    Section titles and headings in this Agreement are for reference only and have no legal or contractual effect. If you have any questions, concerns, or feedback about these Terms or the services provided, please contact us at: info@5k-funds.com.