Funded.com is an online platform (or venue) that has a passive role by providing a place where people can seek funds for their businesses or projects.
Funded.com different programs;
1- Accredited Investors Only-This accommodates raising capital or connecting with investors for your business, idea or project on our site.
2- Lender Match- This accommodates anyone desiring US only potential lender matches from information submitted based on each lender or affiliate criteria.
3- Business Listings- This accommodates buying or selling of a business, domain or project.
4- Business Plan- This accommodates letting us professionally write your business plan.
WE ARE NOT EQUITY FUNDING PROVIDERS, do not broker for equity funding providers, nor is an agent, representative or broker of any equity funding providers, members, contributors or campaign owners and does not endorse any equity funding providers, members, contributors or campaign owners using this site. Funded.com does not get compensated, nor has any equity interest, from any success of any equity funding event from an (Investors Only) campaigns. The "Investors Only" platform is a subscription based to post campaigns or access our funding provider directory. Funded.com does not constitute an offer or solicitation to directly lend. This site will allow you to submit the information you provide to funding providers or other members. Funded.com makes no representations or advises about any safety level, quality, or legality of anyone on our Website. User's use the Website and Services "As-is", no warranties or guaranties and at their own risk.
1. Welcome To Our Funded.com Community!
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 goods, facilities or services of Funded.com 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, funding providers, affiliates or any funding sources on Funded.com's network ("Partners"). The "Parties" are "you and us". "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 Website.
Just so we are all on the "same-page" when referencing titles and words.
In these Terms, we refer to those investing, lending collectively as "Funding Provider" or "Funding Providers" or "Investors". We refer those that are lenders, or affiliates of lenders and part of our "Lender Match" program, as "Lenders". We refer to those raising capital through "Investors Only" as "Members" We refer all raising funds, collectively, as "Campaign Owners", and all that use our site for any purposes such as; browsing, registration or member is referred to as "Users". We refer any typed text, images, photo, links or video as "Content". We refer to any "Content" being provided to our site as "Submission(s)". We refer to our program that provides selected "Lender's" links based on submitted criteria to as "Lender Match"
3. Getting Started
You are responsible for your account, campaign and all your activities on it
You are able to browse some of the areas and pages in funded.com without creating an account. You'll need to register, choose an account email name, and set a password to use most of the functions of the website. When you create an account the information you give us has to be accurate and complete. Be yourself and don't impersonate anyone else or choose names or have campaigns, images or video that are offensive or that violate anyone's rights. Your campaign must have an entrepreneurial purpose. We have full discretion on who we allow. If you don't follow these rules, we may cancel your account or terminate your campaign, or both.
You need to be 18 or over to sign up for a funded.com account, or if under, have consent of parent or legal guardian, provided they create account and agree to terms, we may ask you for proof of age.
4. Prohibited Businesses, Campaigns and Content.
We prohibit; Multi level marketers, anything pornographic, adult themes, controlled substance or drugs paraphernalia, medicinal, recreational marijuana or its accessories, propaganda, cause awareness, anything that violates people's rights, or promotes hate or discrimination, showing animals hurt or degraded, scammers, phonies, bad actors (not the Hollywood type either), any false or misleading statements, or anything illegal.
Funded has the sole discretion and reserves the right to remove any Campaigns and terminate User Account for any such activities.
5. Rules of Engagement and Use of our Site.
Things you shouldn't be doing on our site:
1. Don't break any laws- Check with your state or local law too. Don't violate or infringe on anyone's rights. Breach any contract or legal duty you have toward anyone.
2. Don't abuse or victimize anyone- Bully, threatening, defamatory, libelous, obscene, abusive, harassing, profane, or invasive of another person's privacy in anyway.
3. Don't lie or misrepresent- Don't post information you know is false, inaccurate, misleading, fraudulent or deceptive, don't misrepresent your product or information and just be yourself.
4. Don't use or abuse information- Don't share other information that is shared with you from others or our site, like; contact or profile information.
5. Don't damage anyone's computer- Don't distribute viruses, or anything else designed to interfere with the proper function of any software, hardware, or equipment on the Website, like; coding, large video or images. (Even if it is from another party).
6. Don't mess with Website- Don't try to interfere with the proper workings of the Services, bypass any measures, get unauthorized access in any way, impose an unreasonable load on us or third-party providers, access our source code or use a software or device to "crawl" any part of our website, bypass or interfere with stuff we put in place to secure the website.
7. Don't offer prohibited items- Follow our policies and rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation. Don't offer any rewards or business types or products that are illegal.
8. Don't send junk or spam- Don't send unsolicited advertising or promotional material, or any junk mail, spam, or comment on campaigns intended for promotion. Don't run mail lists or auto-responder of any kind on or through the Website.
9. Don't use as a posting forum- Don't post anything other than what pertains to your campaign. No posting questions or comments or separate interests. This is not a blog.
10. Don't pay anyone soliciting other stuff- From time to time we have violators that may solicit funds from you on our website. Don't agree to pay anyone anything unrelated to our site and report incident, located on our contact us page.
11. Don't give private information- be suspicious of anyone asking for driver's license, social security or bank account and report any one asking, other than a lender in our Lender Match program.
12. Don't use for personal use- You agree and warranty that your use of the website is for business purposes only: not for personal, family or household purposes.
12. (Investors and Funding Providers only) Don't require any upfront payment- Don't require any upfront fee of any kind prior to any funding event. No due diligence, broker, commitment, application fees, anything. All fees agreed to, must be taken out of funding proceeds. Referal of a member to someone requiring an upfront fee is prohibited.
13. Don't agree to, or pay anyone requesting an upfront payment for any reason- We try our best to kick anyone off site that requests private info or an upfront fee, but we generally depend on our community to report it, if and when it happens.
Funded has the sole discretion and reserves the right to remove any Campaigns and terminate User Account for any such activities.
6. User Sign up and Accounts
Be accurate, be truthful.
All information must be accurate and truthful when submitting in connection with a User account. User agrees to notify us immediately if their account has been compromised in any way or, it has been used without authorization or breach of security. If the need arises, to also agree to provide additional requested information to us by answering truthfully any questions for any verification of your identity.
7. How It Works.
This section explains the relationship between different campaigns.
Funded.com provides a funding platform, or venue, for entrepreneurial businesses or projects. When a campaign owner posts a project or business on Funded, they're inviting other people to form an interest or contract with them.
Funded.com is not, in anyway, part of this contract and the contract is a direct legal agreement between campaign owners and funding providers.
Here are the governing terms of such agreement:
Accredited Investors Only Campaign: Posting a Campaign. Campaign owners are directed upon Campaign creation to have views limited to investors only or public view. It is the duty of the Campaign Owners to post responsibly, in accordance with any law or regulation and perform proper due diligence on any interested funding provider.
The information is based on your
submitted criteria will show a lender, lenders or affiliates that can work with those criteria. You agree that this information you provided for submission criteria and by clicking the lender's or affiliate link will either open a page to their site to register or in some cases transfer your submitted to the lender or affiliate electronically. You agree that they may contact you via email or telephone to discuss their offers or program regardless if you are on a do-not-call list.
We do not collect private information on our site, like social security, date of birth or banking information. You understand your submission results showing a "Lender Match" does not constitute an offer, approval by us, lender or affiliate. Funded.com currently has a US based SBA program. We collect fees for this service. The fees collected are required to be paid in full prior to signing the SBA 159 compensation agreement, generally after approval and prior to funding.
Campaign Owner; Launching Campaign:
-We review before launch Expect one to three days for review. We will let you know when you get approved or if there is an issue.
-Stopping and deleting your campaign You can delete your campaign anytime.
We are not responsible for:
-Overseeing or managing projects - Performance or punctuality of campaigns.
-Stopping and deleting your campaign You can delete your campaign anytime.
- Damages, losses or any disputes related to your use of the site or campaign is between you and the funding providers, users and any third party or payment provider.
- Any Claims, Known or Unknown- We don't endorse any content submitted to the Site. When you use the Services you release Funded.com from claims, damages whether it be disclosed or undisclosed.
Basically, all the content and access through our site is at your own risk and are solely responsible for any resulting damage or loss to any party.
10. Third-Party Sites and Links:
Third-Party Websites, advertisers or services, payment services and providers , comments, may contain links or users profile.
11. Your Content and Intellectual Property:
When you post it, you give us permission to use or duplicate it however we need in order to run the site, or show people what's happening or feature it in our community. You're responsible for the content you post, and you're vouching it's all good and ready to use. We need it generally to show showcase or promote on our Site and to our Users.
You agree to these terms:
- You give us permission to use your Content Non-exclusive, irrevocable, royalty-free, transferable rights to use and others acting on our behalf, worldwide. We can exercise, commercialize, and exploit all measures and means in the copyright, publicity, trademark, and database rights with respect to your Content
- You give us the right to edit , modify, excerpt, reformat, delete, re-word or translate any of your Content. Mostly, this pertains if our team needs to help you if something is not showing right in your campaign.
- Any Licensing, Royalties or Contracts with others licensing are your responsibility. You pay all amounts owed to any person or entity based on your Content and Campaign posting. You also vouch and promise anything we use in your Content is not violating or infringing on anyone else's copyright or trademark.
- You won't submit or violate copyright, trademark or restricted material, (unless you have permission). Nor violating anyone else's. Your Content will not contain third-party copyrighted material that is subject to other third-party proprietary rights, unless you have expressed, written permission from the rightful owners, or you are otherwise legally entitled to post the material. Furthermore, give us unrestricted license (sub-license) if you do have permission. We will not be liable of mistakes in your content nor held liable for any errors or omissions in your Content. Bottom line: you are solely responsible for what you post.
All Submissions shall be considered non-confidential and non-proprietary. We have no obligation concerning the submission, whether contractual or otherwise (including, without limitation, confidentiality). We will not be liable for any use or disclosure of any submission and be entitled to full unrestricted use of submission for any purpose. This also includes any current or future misunderstandings of your Submission deemed similar or even identical any services or features developed internally by Funded.com.
12. Your Account
Your account is under the subject and control of what we determine for the integrity of the site and we reserve the sole right to cancel, change, refuse service, revoke status, cancel pledges, interrupt, remove or suspend your account or service at any time for any reason. Funded.com is not liable for any damages resulting from these actions. We don't do these often and only when we have too.
13. Funded.com's Copyright, Trademark and Notices
We want you to use our trademark to build a well-rounded campaign or get word out but not any more than that.
Generally we protect our copyright, trademark and trade secrets in many ways but encourage and grant general promotion of our logo, site and your Content for your personal use (provided you don't modify to add our color or mirror frame anything). If you want to use, copy, edit, modify, distribute, or store any of Funded.com protected content or User content for a commercial purpose, you need prior written permission from Funded.com. A "commercial purpose" means you intend to use, license, rent, sell or otherwise exploit content for commercial use, in any way. Funded.com owns a copyright in the selection, coordination, arrangement and enhancement of its own content, as well as in the content original to it.
14. Copyright Issues:
We want to know if anyone on our site is infringing and what to do.
It is our policy, depending on circumstances, to discontinue users account over an infringement. If any user believes that its copyrighted work has been infringed upon in a way that constitutes copyright infringement under the definitions Digital Millennium Copyright Act (the "DMCA") or that any user Content allegedly infringes such User's intellectual property rights, please notify Funded.com's legal department at firstname.lastname@example.org AND by certified mailing the notice to our designated agent:
Section 512 of DMCA provides rules for reporting copyright infringement and filing a counter-notification.
Registered Agents, Inc.
Attn: Funded.com LLC Copyright
1660 S. Highway 100 Suite 500A
St. Louis Park, MN 55416
Include the following in notice:
#1 Identify the infringed work.
#2Identifying the infringing where on the site is the infringement.
#3 Providing your contact information for the complaining parting, address, telephone number and email.
#4 A statement that you in good faith belief that use of the material being infringed in the manner is not authorized by you.
#5 A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner (or exclusive right).
#6 Sign the notice.
15. Payments and Subscriptions
Campaigns and Business Plans portion of our Site require payment from members. Primarily to post funding requests and/or access to our funding provider directory.
All pricing for memberships or business plans are based on the payment and terms of membership level or business plan on the sales and payment page at the time of purchase. In consideration for the membership or services provided by Funded.com you agree to pay the costs set forth and payment terms on the sales and payment page. The paid membership fees and business plan services are final and 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 or receipt. *Any $3 portion of the free trial is refundable upon free trial cancellation request .
16. Business Plans and Pitch Decks
Our custom written Business Plans is designed to craft a quality framework for your business. Here are the following items you would agree to if you have us write your business plan:
Criteria of engagement and communication with our team;
It is your duty to initiate and contact Funded.com's business plan team to start the business plan process within six months from the time of purchase. 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. We do not construct financial data more than 4 pages or any market research. We limit the power point presentation (Pitch Deck) to 15 pages. Any 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.
1.) We ask only one primary contact person and any lapse in time from you greater than two weeks to our latest request for approval or delivery will constitute a full acceptance and finalization of the business plan. A one-time fee re-engagement fee of $129 if extended more than two weeks or $499 if 3-6 months elapses. We need to keep the ball rolling.
2.) We ask to limit to three draft/edit rounds permitted. If you have any markups or additions most must be done after review of the first draft. Additional draft/edit rounds of $139 each. We are reasonable, but have to restrict and condense too many small edits.
3.) It is your responsibility to do your part to keep the ball rolling by downloading and obtaining questionnaire or keeping scheduled appointments and returning requested material in a timely manner. Incomplete and limited initial questionnaire and financial data can restrict the size of your business plan according to you what you provide. The more you provide us the better we can build your content in a professional, organized and well-constructed manner.
Funded.com has the sole right to cancel assistance without refund if you do not engage in a friendly, respectful or timely manner with our staff.
4.) You will need to be ready for your initial business plan draft when completed. You agree and understand that the initial business plan draft constitutes a full business plan and will not be released until final payment is completed upon request and without delay. If the business plan is not yet completed for any reason, the second half of installment will automatically be charged from your initial form of payment after 30 days. If second payment is not received upon 30 days, we will require payment before continuing or commencing work.
17. Online Cancellations Only Accepted
You agree that by accepting to be a campaign owner or subscriber you can only cancel online.
You may choose to terminate your membership by cancelling online at any time. Online cancellations only will be permitted at this time by visiting our Contact Us page, usually in footer (bottom) of the homepage. You may also reach us during normal business hours posted if you need assistance. We do not accept cancellation requests on recorded voicemail, chat line, phone, email, social media. Phone cancellation assistance provided during our normal business hours. Monthly renewal for paid subscriptions , cancellation confirmations need to be confirmed with us seven (7) days prior to the next renewal cycle to avoid renewal charges, or if you are participating in three (3) day trial period, any time before midnight on the third day. Make sure you are ready to close your trial membership because accounts will be closed upon cancellation. We are closed on most USA holidays. If for any reason you claim to have cancelled in the cancellation time frame yet was charged, you agree to notify us with in 7 days of the charge. We trust for you to monitor your financial activities and notify us with in the 7 days so we may promptly investigate. You also agree to waive any claims for previous months that was not reported to us within 7 days after the charge, regardless of fault or condition.
18. Acceptance of Payments
Primarily for Memberships and Business Plans.
Funded.com provides goods, services and monthly service fees. All recurring payments are automatically charged around the anniversary date. All trial memberships are automatically charged the membership after the trial expiration. We do not provide advance notice before your payment is charged or monthly receipts. 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 suspended for up to (3) business day after payment is accepted. 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/weeks or next recurring scheduled payment or both, unless you cancel with us.
19. Refund Policy
Basically, Funded.com offers no refunds once you purchased a membership, business plan:
Funded.com offers no refunds for goods and services or no refunds for once your term has renewed. All sales are final, local, state permitting. Funded.com does not refund previous membership months regardless of expectations, outcome or use. No refunds will be given for failure to cancel. Your cancellation will terminate any recurring charges for the following month or term renewal. You agree to contact us first with any billing issue by reaching us on the contact us page. You agree to not dispute any charges with your bank. If you dispute with your bank we have the option to close your account and terminate our relationship, and forfeit any time remaining on our site or continued work on a business plan. If you suspect unauthorized use to make a purchase, you need to contact your bank immediately for resolution.
A) Disputing with your bank.- You agree not to dispute any payment with your bank. You understand and agree that by disputing any payment with your bank can halt our communication process to internally resolve, terminate your membership and any work in progress. You agree to forfeit any prepaid or credit remaining with our site as a result in damages paid to offset our administrative prep and bank fees of $100 per transaction. If you file a dispute you understand we are bound by the bank's decision and will not issue any refund or credit if your bank denies your claim. You agree to pay associated damages for our time and costs responding to your dispute and the total amount of any bank reversed funds due in full. This amount of the bank reversed funds and fees may be sent to third-party collection agency at any time after the reversal of funds and failure to pay may adversely affect your credit rating.
20. Warranty Disclaimer
We do everything we can to keep our site and our team operating in full fitness. We are not perfect, but try our best to be so you have to be willing to agree to:
Use our Site and Services solely at your own risk in which they are provided to you "as is" , "as accessible" and "as reliable" without warranty of any kind, express or implied. We do intend information contained in our site accurate but errors and omissions may occur. It is ultimately your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content made available through our Site. Under no circumstances will Funded.com be liable for any damages due to a loss caused by reliance on information on our site.
FUNDED.COM AND SERVICES ASSOCIATED DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED TO ANY MATTER WHATSOEVER RELATING TO OUR SITE AND SERVICES INCLUDING THE LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABLITLY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. USE OF FUNDED.COM'S SITE AND SERVICES IS AT YOUR OWN RISK. FUNDED.COM IS 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 SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH OUR SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED ON THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, OR OTHER MALICIOUS 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, ANY COARSE OF DEALING, TRADE, USAGE, NO ADVICE OR INFORMATION (ORAL OR WRITTEN), PROGRAMS OR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, NEGLIGENCE.
If we get sued for something you did on our site, you will need to help us defend.
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 licensors and staff, from and against any and all liabilities, expenses (including attorneys' fees and other legal cost) and damages arising out of claims resulting from your use of the Site or a third party action, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement. We reserve the right for exclusive defense and direct or control any matter otherwise subject to this clause. You agree that you'll issue full cooperation to the extent of any defense we provide.
22. Limitation of Liability
We are not liable that causes damages beyond a small amount.
Funded.com and its': licensors, operators, directors, officers, employees, agents, affiliates, subcontractors, licensors, payment processors, suppliers, content providers, is not liable for any special, indirect, incidental, consequential, exemplary, punitive damages of any kind or any event exceeding, in the aggregate, one hundred U.S. Dollars ($100.00), or for restricting jurisdictions of the lesser amount limited to the smallest extent possible governed by law including but not limited to damages; (1) for any personal injury or death caused by its negligence or of any of its officers, employees or agents; or for (2) any fraudulent misrepresentation, intentional misconduct or (3) resulting from your use of, or access to, or performance of, or inability of our Site or Services; or (4) for any data loss or theft, profits, costs, substitutes of goods or service, errors and omissions of Services or content on our site; (5) for any content on of any link or third party on the site; (6) for anything that may have been advised by us that led to a loss on our Site.
Our terms and licenses governed under this agreement and granted herein, may not be assigned or transferred by any User, Funded.com may assign without user consent or restriction.
If we can't agree, we agree to disagree is where mediation can be helpful.
Prior to starting arbitration process, filing a complaint or negative review. You agree that in the event you become dissatisfied with any issue with billing, product or service, sales procedure, claim or controversy, acts or omissions relating to the use of our site for which you may contend Funded.com is liable. You have also given us full opportunity to respond to your issue, complaint or grievance. You agree to email your mediation request to; email@example.com and allow us seven (7) days to respond and determine at our sole option to use the Better Business Bureau dispute resolution services, no costs to you, in further attempt to resolve your matter prior to arbitration, complaint or negative review.
25. Arbitration, Governing Law and Dispute Resolution
We want you to always contact us first if you are a having an issue before filing any kind of complaint or dispute. All disputes you have with us are handled in the jurisdiction of Minnesota, governed in accordance with laws of the State of Minnesota.
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 National Arbitration and Mediation rules ("NAM") 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 NAM rules. Should no NAM 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. To begin the arbitration process, a party must make a written demand. The NAMS's rules are available at www.namadr.org. Payment of all filings, and fees will be governed by the NAM's rules. 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. To begin arbitration proceedings a User must start with a letter and claim description emailed to;
firstname.lastname@example.org and mailed certified to and addressed to our Registered Agent:
Registered Agents, Inc.
Attn: Funded.com LLC Arbitration
1660 S. Highway 100 Suite 500A
St Louis Park, MN 55416
Allow us Fourteen (14) Days to respond prior to formally filing your claim. 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 and/or mediators to mediate in the dispute.
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. You agree any initial liability claim will expire after one year from any initial date of occurrence or date or initial damage claim.
Some other things you need to know we tell you here.
All Users should be aware federal and state laws exist regarding guidelines for solicitation , registration, funding and reporting requirements. It is User's responsibility to verify credibility of the other Users and be in compliance with existing laws.
Funded.com only provides the platform and for Users who connect with other Users on our Site. Users do so under their own accord and entirely responsible for compliance with applicable laws.
27. Postings, Profiles and Directory
We do not guarantee people on our site.
Funding Provider Directory is a database of profiles consist of a regular combination of new funding providers registering on our site and invitations for new and existing prominent companies and individuals included by us with invited involvement. We have different Funding Provider types in our Directory and on our site. Although, we may use type terms to describe our Funding Provider Directory, such as Angel Investors, Venture Capital, Private Equity, Lenders, Banks for advertising, search engine optimization or page or tab names. We do not guaranty the number of the profile types in proportion in the directory or search results for industry for each type of funding provider and their funding purpose. Most Active Menu profiles determine a handful of the most active in all categories based upon algorithmic scale of involvement on our site. 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, campaign owners or contributors or anyone that enters the Website and on any part of the Website and understand that the network is a hub 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 in our Funding Provider Directory that information shown on our network may become dated, inactive, obsolete, or no longer in business. We do not make any warranty or representation of the accuracy of the profiles, activity levels, profile awareness, or message response success. Furthermore, you understand that funding providers listed in the Funding Provider Directory are required to log in and update their own profiles, accept any updated terms or invites, review and respond to messages or to inform us of any changes. All profiles have messaging capabilities automatically regardless of activity or awareness. Funding Provider Directory should not be solely relied upon for reply messages sent, but in combination with our other services. You understand that Funding Provider Directory is an ancillary resource to view profiles, finding funding provider profiles in your area or industry but does not guarantee their involvement on our site and that sending messages is an option but does not guarantee responses. Our posting view count in the dashboard is based on impressions of all posting views. We limit the total the amount of messages sent from a member to 1500 funding providers due to spamming concerns and to limit to selected comparable industries. You agree to conduct your own due diligence on any individual, party or entity prior to engaging in any transaction and not to 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, Campaign Owners, Contributors, Members for self disclosure.
28. Covenant of Mutual Non-Disparagement
We both agree not to complain publicly about each other.
You agree that you will not, at any time, make, directly or indirectly, any oral or written public statements that are disparaging of us, our products or services, and any of our present or former officers, directors or employees. We (limited to its officers and directors) agrees that we will not, at any time, make, directly or indirectly, any oral or written public statements that are disparaging of you. Disparagement shall be defined as any oral or written public statements that impugn the qualities, character, honesty, integrity, morality, business acumen or abilities of the subject matter. The Parties acknowledge and agree that it would be difficult or impossible to determine with absolute precision the amount of damages that would or might be incurred as a result of a party's violation of this covenant. The Parties agree that the liquidated damages in the amount of $20,000 per violation provided under this Contract are in lieu of actual damages and are the Parties' reasonable estimates of fair compensation for the Losses that may reasonably be incurred by each violation of this covenant. This does not mutually forbid any posted reply to original complaint or review as construed as disparagement.
29. Rule 506(c) of Regulation D
Make sure you check and comply with laws before you use the site. This pertains mostly to "Investor's Only" Campaigns.
You acknowledge Funded.com does not verify whether investors and funding providers that seek us to join on our site are accredited investors as pertaining to Rule 506(c) of Regulation D and instead rely primarily on self- disclosure in the application process. You understand the investor and funding provider profiles list on our site are based on both new registrants and existing angel investor and venture capital companies. Furthermore, any terms that may be used in describing investors on our site as "pre-screened" or "invited" or "qualified" is primarily based on any initial invitations and additions of known, public angel investment and venture capital companies and originally obtained through our research and may be included in profiles but does not constitute Funded.com's verification as an accredited investor. You agree to be solely responsible to take any and all steps necessary to ensure that investors are accredited as defined by applicable law prior to a funding event, and you agree to indemnify and hold Funded.com harmless from any claims arising from your failure to do so. [Investors and Funding Providers] You agree to provide the information needed to a member "issuer" "startup" to verify accredited status, for example; IRS form that reports income and/or receiving a written confirmation from a registered broker-dealer, SEC-registered investment advisor, licensed attorney, or certified public accountant that such entity or person as taken reasonable steps to verify accredited status.
30. Risk Policy
You understand there may be risks.
You agree to use this site at your own risk and understand the risks of monetary loss from anyone participating in any funding prospect or event. Funding Providers are prohibited from requiring, nor referring to anyone, requiring upfront funds or fees prior to a funding event and you agree to avoid and report anyone requiring. You acknowledge Funded.com does not verify whether investors and funding providers that are on our network are accredited investors in regards to Rule 506(c) of Regulation D and instead we rely primarily on self-disclosure during the initial registration or pre-screened from researched companies, individuals or known entities. The Funding Provider profile lists on our site are based on information provided or found containing both new registrants and existing angel investors, venture capital companies, lenders, brokers or financial specialist. We do not guarantee the accuracy, delivery method nor any company profiles that may have become outdated, inactive or obsolete. Furthermore, any terms that may be used in describing investors on our site as "pre-screened" or "invited" "qualified" is primarily based on any initial invitations and additions of known or researched through public sources as company profiles but does not constitute our verification as an accredited investor or an accredited source. We do not warranty any funding providers, referrals or users on, or stemming from, our site. You agree to not rely on our pre-screening or our research process of Funding Providers on our network as your sole determination by conducting our own due diligence and agree to hold us harmless from any such claims made arising from any loss.
31. Other Terms
This is all the rest of the other legal stuff to recap.
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 entirely 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 or participation 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 anyone using the Website.
Well that's it folks, this is our rules of how things work and functions and if you come across something you are not sure about, conflicting or disagree, check these terms (they are the first words you agree to before signing up and the last word.) Thanks for taking the time to read and understand them, The Funded Team!
IMPORTANT, IT IS YOUR RESPONSIBLITY TO PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS (Updated version 8-29-19).