Funded.com's Terms Of Use The success of Funded.com is based on the quality of its members and the followed rules that everyone must adhere too. 1. TERMS OF USE AGREEMENT FOR ALL SERVICES AND THE WEBSITE Please review this Terms of Use Agreement ("Agreement"). By accessing, browsing or using this website, or service groups, or any page thereof, through any direct or indirect means (individually or collectively, "Websites" or "Website"), or by using the goods, facilities or services offered in or through the Websites through alternative methods (including, for example, telephone, mail, email or facsimile), you accept and agree to be bound by these Terms of Use (the terms "Website" and "Websites" include use through these alternative methods). 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: Funded.com LLC 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 conditions applicable to users of the Website, including these Terms of Use, or any part hereof. Any use by you of the Website or the good, facilities or services offered in or 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. 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 All information submitted to Funded.com, including any messages, becomes property of Funded.com. 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 through Funded.com. 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 and anything pornographic or adult themed, 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 our 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 other users. 6) Misrepresent themselves in other ways, just be you. 7) Break any laws. 8) Harm Funded.com or its partners in anyway through any means by posting or infrastructure. Account termination will include, but is NOT limited to the previous items and events listed. Funded.com's account suspension or termination includes the complete stoppage of all use of Funded.com's services and any affiliated services. All account suspensions or terminations will be made 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 - 2009 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 writing. 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. 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 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, TIME BOMBS,TRAP DOORS, BACK DOORS, EASTER EGGS, CANCELBOTS 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. Technical Requirements To access and retain information and notices we send or make available to you electronically, you will need: Internet access with 128-bit encryption Adobe Acrobat Reader 6 or higher Ability to Print Internet Explorer 6 or higher Netscape 8.04 and above (Use in IE mode) Email Access or Firefox version 1.5 9. PRIVACY POLICY The Funded.com Privacy Policy, hereby incorporated by reference into this Agreement, explains the policy applicable to the information that is collected through the Websites or received directly from you. 10. INDEMNITY As a condition of use of the Funded.com's goods and services, you agree to indemnify Funded.com 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. SEPARATE PARTNERS AND AFFILIATES INDEMNITY As a condition of use of the Funded.com's services, We do not warrantee any information given by our members and you agree to indemnify Funded.com from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of the Website, member interaction or a third party action, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement. 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 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. 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, 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 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. REFUND POLICY Funded.com offers no refunds and all sales for goods and services are final. You may chose to terminate your monthly membership by giving notice to billing@funded.com and your cancellation request will be processed within 3 business days. Your cancellation will terminate for the following month. You will be required to finish the remaining paid month. 16. 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 also agree to accept your terms of goods and services and further agree to not dispute any previous payments you have made. You agree that if you dispute previous charges with your merchant processor you promise to pay the associated fees and amount due with in 10 days accompanied from such charge backs. 17. 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 Websites and information, software, 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 gaurenty 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 unless agreed in writing under a separate agreement. 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. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.