Funded.com's Terms and Conditions of Use
*FUNDED.COM LLC IS NOT A FUNDING PROVIDER, does not broker loans to funding providers, nor is an agent, representative or broker of any funding providers and does not endorse or warranty independent funding providers using this site. This Web Site does not constitute an offer or solicitation to lend. This site will allow you to submit the information you provide to independent funding providers.
The success of Funded.com is based on the quality of its members and the followed rules that everyone must adhere too.
THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE ALL CLAIMS AND CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY These provisions form an essential basis of our bargain.
If you do not agree to these terms and conditions, you are not authorized to access or use the Websites and you are to cease accessing or otherwise using the Website. We reserve the right to deny, suspend or terminate service to any member or prospective member for any reason, if you have a reasonable submission or adhere to the rules you'll be just fine.
For purposes of this Agreement, "You" or "Your" means the person(s), members using the Website, and/or the good, facilities or services of Funded.com LLC offered through
alternative methods or direct methods including persons that allow others to provide information about themselves to Funded.com LLC (as defined below), the banks, lenders,
brokers, venture capital, investors, partners, affiliates or any funding sources on Funded.com's network ("Partners"). "Funded.com", "us" or "we" means, but is not limited to
the following entities:
THE DISCLOSURES AND CONSENTS REQUIRED UNDER CERTAIN STATE LAWS ARE DEEMED TO BE PROVIDED, RECEIVED AND AGREED TO BY USE OF THE WEBSITE.
Funded.com operates the Website and shall have the right at any time to change or discontinue any aspect or feature of the Website and the right to modify the terms and
through the Website shall be deemed to constitute acceptance of such changes. Such changes, modification, additions or deletions shall be effective immediately upon posting on the
2. CONSUMER INFORMATION SECURITY POLICY
The Funded.com Consumer Information Security Policy, hereby incorporated by reference into this Agreement, explains the policy applicable to the information that is collected through the Website, received directly from you or transmitted to or from third parties.
3. EXCHANGE OF CONFIDENTIAL INFORMATION
It is Funded.com's practice that all information submitted to Funded.com, including any messages, business plans, projections, schematics, designs, presentations, or any other information relayed, sent or transmitted to Funded.com directly or indirectly through telephone, facsimile or through any other electronic device will be respectfully held in private by our Funded.com staff unless permitted by the submitting party or it becomes public. We do not sign individual non-disclosure agreements. Funded.com nor its staff is not responsible or liable for any information voluntarily given by any party to Funded.com or to any party on Funded.com's website or network and does not warranty the privacy. This includes any information given, posted or communicated to any third party members on funded.com's website or network. Any investor, institution, partner or entrepreneur on our site requesting to
contact any other investor, institution, partner or entrepreneur on our site, does so at their own risk and is solely responsible for conducting any legal, accounting, or due
diligence review. Please refrain from sending any confidential information directly through to Funded.com unless advised by Funded.com's staff. Make contact with other Members and then continue any confidential information
exchange through your own methods.
4. PROHIBITED BUSINESSES
Multi Level Marketers, Home Based Business Services (okay to start out home based) and anything pornographic, adult themed related or medicinal marijuana, sorry.
5. USE OF FUNDED.COMS' NETWORK
User is completely responsible for all use and activities that occur in the Funded.com's account with or without their prior knowledge of consent. If you discover any unauthorized use of you account, it must be promptly reported.
USERS AGREE WITH FUNDED.COM NOT TO USE THE SITE OR SERVICES PROVIDED BY FUNDED.COM OR IT'S PARTNERS TO:
1) Use abusive language or comments.
2) Use of profanity or anything inappropriate.
3) Post or spam other users with unsolicited advertising other than communication.
4) Collect or resell any Funded.com's data.
5) Harass, threaten, bully or act in an unfriendly manner to Funded.com's staff other users.
6) Misrepresent themselves in other ways, just be you.
7) Break any laws.
8) Harm Funded.com or its partners in any way through any means by posting or infrastructure.
9) (Funding Providers Only) Require any form of prepayment of any kind from funded.com's members prior to obtaining funding. Nor, promise funding to members based on any upfront required funds of any kind.
Account termination will include, but is not limited to the previous items and events listed. User agrees to not post or contact other users in any manner other than raising capital or providing services and user furthermore agrees that intending to post or contact other users with intent harm Funded.com's reputation will result in account termination includes the complete stoppage of all
use of Funded.com's services and any affiliated services and may be subject to damages of $5,000 minimum per occurence, laws permitting. We build our network reputation on trust. All account suspensions or terminations will be made at Funded.com's sole discretion and may be made without consulting
any other parties. Funded.com is not liable for any damages associated with the suspension or termination of a user's account.
Funded.com will not issue any refunds whatsoever to Members who have violated these Terms of Service.
6. COPYRIGHT, TRADEMARK AND SERVICE MARK NOTICES
All contents of the Websites are: Copyright © 2008 - 2015 Funded.com, LLC and/or its Partners. All rights reserved. Funded.com® is a service mark of Funded.com LLC. Other product and company names mentioned herein, including the names of Partners, may be the trademarks of their respective owners.
Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any service mark or trademark (individually and
collectively, "Mark" or "Marks") displayed on the Websites, without the prior written permission of the Funded.com or the applicable Mark holder specific for each such use. The
Marks may not be used to disparage Funded.com, the Lenders, the applicable third party or the products or services of such parties, nor shall they be used in any manner that may
damage any goodwill in the Marks. Use of any Mark as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by Funded.com in
The Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Website are copyrighted as a collective work under the United States copyright laws. Elements of the Website are protected by trade dress, trademark,
unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit, any of the content, in whole or in part. Funded.com owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express written permission of Funded.com and the copyright owner.6 A) Permissions and Licensing. You agree to give us temporary and unconditional free licensing while you are participating and using our website of any of your proprietary information, intellectual property, trademark, business plan, images, logos, software, media, music, print, processes in order and the expressed purposes only for you to properly use our platform, until it becomes public information and agree to defend us if a claim arises against us regarding your property. You agree to allow further use of your company name and logo only afterwards for testimonial or promotional purposes only. You further agree not to use any other property, rights, trademarks or proprietary information, such as logos and images that you do not have consent for is forbidden and agree to defend us against any third party claims involving Funded.com LLC and yourself, if an action would arise for any dispute that you were using property without permission.
7. DISCLAIMERS AND LIABILITY
Funded.com intends that the information contained in the Website be accurate and reliable; however, errors sometimes occur. In addition, changes and improvements to the information provided herein may be made by Funded.com at any time. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other
content available through the Website. Under no circumstances will Funded.com LLC be liable for any loss or damage caused by your reliance on information obtained through the Website.
THE WEBSITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS". FUNDED.COM LLC AND/OR ITS SUPPLIERS, LENDERS, FUNDING SOURCES, PARTNERS
AND PROVIDERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITES AND ANY INFORMATION, SOFTWARE, PRODUCTS AND
SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THE
WEBSITES AND/OR FUNDED.COM'S SERVICES IS AT YOUR OWN RISK. FUNDED.COM AND/OR ITS SUPPLIERS, LENDERS, PARTNERS AND PROVIDERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR THE INABILITY TO USE THE WEBSITES AND/OR FUNDED.COM'S SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEBSITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITES, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED AT THE WEBSITES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE
INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION, DELAYS IN OPERATION OR TRANSMISSION, OR ANY
FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO FUNDED.COM'S RECORDS, PROGRAMS OR SERVICES,
OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FUNDED.COM
AND/OR ITS SUPPLIERS, OR, PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY
NOT APPLY TO YOU.
8. ELECTRONIC COMMUNICATIONS/NOTICES AND INFORMATION DELIVERED ELECTRONICALLY
Funded.com, Partners, Lenders, and Providers may choose to electronically deliver all information related to its services and your requests. Funded.com, and Partners electronic
communications to you may transmit or convey information about action taken on your request, portions of your request that may be incomplete or require additional explanation, any
notices required under applicable law, which may include any Federal Truth-in-Lending disclosures, other terms, conditions and documents, and the privacy policies of Funded.com
and Partners. This means that Funded.com and Partners may communicate with you by sending a message to the email address you provided or at another address that may be associated with you that we receive from Lenders or other parties. You agree to receive all current and future notices, disclosures, communications and information, and to do business
electronically with Funded.com and Partners. You agree that you meet the below technical requirements and are able to access and retain copies of notices and information sent or
made available electronically. The Consent For Electronic Disclosures, hereby incorporated by reference into this Agreement, is the disclosure that provides greater detail. you understand and agree that emails from Funded.com can be put in to your spam folder of be rejected from your internet service provider. It is your obligation to notify your email host to add Funded.com email as a "Safe Sender" and to verify you are recieving email correspondance from us and agree we are not liable for any emails not being recieved or sent to us.
To access and retain information and notices we send or make available to you electronically, you will need:
- High Speed Internet access with 128-bit encryption
- Adobe Acrobat Reader 6 or higher
- Browser with the latest upgrade (Chrome, Internet Explorer, Firefox, Safari, Mobile)
- Word Document (Business Plans)
- Email access and response
- Funded.com listed as "safe-sender" (Spam Boxes, Firewalls, Internet Service)
received directly from you.
As a condition of use of the Funded.com's goods and services, you agree to indemnify, defend and hold harmless Funded.com, it's staff, and Partners from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of the Website or a third party action, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement.
11. PROFILES AND POSTINGS.
As a condition of use of the Funded.com's services, you understand that Funded.com does not individually or collectively promote, endorse, warranty, guarantee any individual, company, entity or information given by our registrants, members, service providers, funding providers, investors, advertisers or anyone that enters the Website and on any part of the Website and understand that the network is a hub or network to connect with parties providing funding or entrepreneurial services. You understand that even though we do our best in monitoring and maintaining the integrity of the profiles and postings, the information shown on our network may contain inaccuracies, such as: become dated, inactive or members funded. We primarily rely on members and funding providers to update their own profiles or postings and to inform us of any changes.
You agree to conduct your own due diligence on any individual, party or entity prior to engaging in any transaction and not rely on any approval processes that Funded.com uses for admittance selection on the Website for any postings or profiles. Funded.com primarily relies on Funding Providers, Investors, Supporters or Members for self disclosure and does not make attempts to verify information.
12. LINKS TO THIRD PARTY WEBSITES
The Websites may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only When you leave the Website please note that Funded.com is not responsible for the accuracy or content of the information provided by that website, nor is it liable for any direct or indirect technical or system issues arising out of your access to or use of third party technologies or programs available through that website. . Funded.com does not operate or control in any respect any information, software, products or services available on such websites. Funded.com's inclusion of a link to a website does not imply any endorsement of the services or the website, its contents, or its sponsoring organization.
13. ERRORS AND DELAYS
Funded.com is not responsible for any errors or delays in responding to a request or referral form caused by, including but not limited to, an incorrect email address provided
by you or other technical problems beyond our reasonable control.
14. DISPUTE RESOLUTION
Any claim or controversy arising out of or relating to the use of the Website, to the goods or services provided by Funded.com, or to any acts or omissions for which you may contend Funded.com is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitration shall be venued in Ramsey County, Minnesota except for Maine consumers for whom the location shall be a place reasonably convenient to the consumer. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to Funded.com. In any arbitration, Funded.com will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party, provided, however, that in Maine any cost to the consumer shall be limited to the cost of filing a court case. To begin the arbitration process, a party must make a written demand therefore.
Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Ramsey County, Minnesota. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto, except in Maine where state law will control all rights and remedies in the arbitration. The agreement to arbitrate shall not be construed as an agreement to the joiner or consolidation of arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. This agreement provides that all disputes between you and Funded.com LLC will be resolved by binding arbitration. You thus give up your right to go to court to assert or defend your rights. You also give up your right to participate in or bring class actions. Your rights will be determined by neutral arbitrators and not a judge or jury.
You are entitled to a fair hearing, and the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using Funded.com's goods, facilities and services, you consent to these restrictions. Funded.com LLC reserves rights to choose the arbitrators to mediate in the dispute and you agree that intent to harm the reputation in any public complaint, public posting or forum in any derogatory manner prior to allowing or requesting the due process of arbitration or mediation you understand and agree you may be liable for monetary damages.
14 A) THIRD PARTY MEDIATION: You agree that in the event you become dissatisfied with any unresolved issue with our internal processes that an independent third party mediator of our choice, no costs to you, will be assigned upon your request prior to filing any formal or informal complaint, lawsuit, any online, social or meda complaint and that both parties are bound by the final decision of the mediator and no further complaint or action follow final outcome. Furthermore, you acknowledge and agree that any such a complaint, posting, action prior to accepting mediation would result in both monetary and irreparable harm to our reputation and agree to pay no less than $5,000 in damages, local laws permitting. If you require or request mediation you must contact us at firstname.lastname@example.org and put in the subject: I request mediation. In the body: A description of events why you want arbitration with your membership name and a contact telephone number. We will reply with 7 business days with instructions to settle this matter with the mediator.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Funded.com LLC, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Ramsey County, Minnesota. If you fail to subject to the proper venue in a lawsuit, you agree to pay Funded.com's legal expenses and other expenses to defend the lawsuit. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys' fees.
15. MEMBERSHIP SUBSCRIPTION PAYMENTS
All pricing for memberships services are based on the subscription level you choose to purchase that is indicated on the subscription page and payment page through which you subscribe to use the service (either trial offer, gold or platinum membership and/or business plan services) In consideration for the services provided by Funded.com you agree to pay the fees set forth. The paid membership fees and business plan service are non-refundable. Any recurring monthly payment will automatically be recurring on or around the anniversary day of each month following the chosen subscription to the membership or upon any trial expiration and without prior notice. *Any $3 portion of the free trail is refundable upon free trial cancellation request .
16. BUSINESS PLAN PAYMENTS
Fully Written Business Plans $599 x two (2) installments, 30 days final payment, all other terms apply.
$599 upfront and last installment 30 days. all to be automatically withdrawn from initial payment method or one(1) day prior to delivery of the initial business plan draft , whichever comes first. Customer understands and agrees to a two payment installment and agrees to pay the remaining balance no later than 30 days debited automatically from form of payment. Funded.com offers no refunds and all sales for goods and services are final. It is your duty of to initiate and contact Funded.com's business plan team to start the business plan process within six months from the time of purchase and you agree by failing to initially engage, stay engaged, respond or supply the required correspondence for Funded.com to start or continue the business plan does not constitute a refund and prepaid funds will be applied for a written business plan credit used within six months. Funded.com does not guarantee the success of the business plan for the customer. We do not warranty the results of our business plan, projections, proformas, financials or marketing research that is constructed by us or given to us by the customer and customer agrees to waive all liability, defend and hold us harmless in the event arising from a third-party lawsuit. You understand and agree we do not construct financial data more than 4 pages or any market research and additional data must be provided by you for our team. Normal time expectancy for completion for a 30+ page business plan usually a two week average, sooner or later, depending on customer participation..
You may choose to terminate any of your above listed monthly membership by calling us toll free at 1-888-718-2287 only during the time of 9am-5pm Monday through Friday Central Standard Time. We do not accept initial cancellation requests on recorded voicemail, chat line, fax,social media, or email. Only calling customer service listed above or contact us page at bottom of website. Monthly renewal cancellation confirmations need to be confirmed with us 7(seven) business days prior before the next renewal cycle to avoid renewal charges or if you are in three (3) day trial period, any time before midnight on the third day. Confirmation email may be sent to your membership email account and your reply required for cancellation confirmation and to complete the cancellation process. $3.00 initially debit upon selection of trial will be refunded at request only upon cancellation.
18. REFUND POLICY
Funded.com offers no refunds for goods and services or no refunds for once your term has renewed. All sales are final. Laws permitting. Funded.com does not refund previous membership months regardless of expectations, outcome or use. No refunds will be given for failure to cancel or reply with a confirmation prior to renewal within the proper time frame. However, No further membership fees will be charged if cancelled and confirmed via email within the given time frame. Your cancellation will terminate any re-occurring charges for the following month or term renewal. If you think this purchase was made by someone else, you need to contact your bank immediately for resolution.
19. ACCEPTANCE OF PAYMENTS
Funded.com provides goods, services and monthly service fees. If your mode of payment is insufficient and funds are not available in your Debit/Credit Card or Pay Pal Account your services may be terminated. You further understand that if signed up for any scheduled or recurring payment and your payment is declined, we will continue to retry your payment method on the successive following days or next re-occurence scheduled payment or both, unless you cancel with us. You also agree to accept your terms of goods and services.
Disputing Charge With Your Bank
You also agree to accept the terms of goods and services and further agree to not dispute any payments you have made with your bank/PayPal. You agree that by disputing any charges for goods or services with your bank/PayPal you promise to pay the associated fees of $50 plus the total amount due plus additional collection fees within 10 days accompanied from such dispute.
20. OTHER TERMS
This Agreement (which hereby incorporates by reference any other provisions applicable to use of the Website, including, but not limited to, any supplemental terms governing the use of certain specific material contained in the Websites and any operating rules for the Websites established by Funded.com) constitutes the entire agreement between you and
Funded.com and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Funded.com with respect to
the Website and information, software, membership, products and services associated with it. This Agreement shall be subject to and construed in accordance with the laws of the State of
Minnesota, excluding its conflict of laws principles. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not
limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved. With electronic publications all sales are final.Funded.com does not promise or guarantee results.
Membership with Funded.com does not constitute an offer to sell or the solicitation by Funded.com of an offer to buy any investment interest in the business ventures of members. The actual sale or purchase of an investment interest shall be a private and independent transaction between the members without any participation by Funded.com. In no event will Funded.com be liable for any loss of earnings or any other commercial damages, losses or expenses arising out of or in correlation with an independent transaction, agreement, or interaction between site members.
IMPORTANT ,PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS (Updated version 1/21/15).