Effective as of November 1, 2017
The Terms constitute a legally binding agreement between you and us, Fundedco.com, the operator of the Site (hereafter referred to as “we”, “us” or “our”). References in these Terms to “Site operator”, “we”, “us”, and “our” include our affiliates, agents, successors and assigns. The Site is available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Site is not available to persons below the age of 18. By accessing and using the Site, you accept and agree to, without qualification, the Terms and represent and warrant that you have the authority to bind the User (as defined below) to these Terms and that your use of the Site, including the provision or use of any Content (as defined below), does not violate any applicable law. A User is defined as an individual who can form legally binding contracts under applicable law that accesses Fundedco.com and/or its services.
1. Our Services
Fundedco.com is not a Lending Partner and does not represent Lending Partners as a loan broker or in any other capacity other than as a referral source. Fundedco.com may receive a referral fee from a Lending Partner in certain circumstances. Fundedco.com matches Borrowers with financial solutions that appear to be the best fit for their situation from the offer options that are available to Fundedco.com. You must apply for credit directly with the Lending Partner with which you choose to apply. Fundedco.com may share your information with a Lending Partner if you have permitted us to do so; any credit product for which you apply is solely the product of the Lending Partner. Interest rates used as examples on the FundedCo website are typically for Borrowers with prime credit; actual interest rates, terms and conditions will vary depending on the loan type and Lending Partner. There is no charge to use Fundedco.com’s services. Filling out a form on Fundedco.com does not guarantee approval for a loan.
Fundedco.com is not responsible for the legality, safety or quality of the credit products offered for sale by a Lending Partner, the accuracy or veracity of the representations regarding the credit products, the ability of Lending Partners to sell the credit products or the ability of Borrowers to pay for the credit products. For all purposes Fundedco.com is an independent contractor and not a loan broker. We do not underwrite loans, issue credit, or act on behalf of Lending Partners or Borrowers. We are not responsible for, nor do we assume any financial or other liability whatsoever, for the conduct of any Lending Partner or Borrower. We do not endorse or recommend any Lending Partners or credit products or other related products offered by such Lending Partners. We do not provide any type of financial, legal, tax or any other advice. If you would like financial advice, please consult with a licensed financial professional. BE ADVISED THAT WE DO NO OFFER OR SELL ANY CREDIT OR OTHER PRODUCTS SHOWN ON THE SITE.
2. Changes in Terms
These Terms are effective until terminated by Fundedco.com. We may terminate these Terms without notice and at any time in connection with any of Fundedco.com. In the event of termination, you are no longer authorized to access those Fundedco.com, and the restrictions imposed on you with respect to the Content (as defined below), and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.
We shall also have the right without notice and at any time to terminate some or all of the Site or any feature or portion thereof, or any products or services offered through the Site, or to terminate any individual's right to access or use of Fundedco.com or any feature or portion thereof.
4. Prohibited Uses of Site
While using Fundedco.com, you agree that you will not:
- Spread, or facilitate the spread of, any viruses, worms or other malicious computer programs that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
- Modify, adapt, frame, reverse engineer, decompile or disassemble any portion of Fundedco.com and/or its services;
- Upload, send, or otherwise transmit any content or information that is unlawful, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on Fundedco.com’s or any third party's intellectual property or other rights;
- Use any spider, robot, crawler, or other automated or manual means to retrieve, index, "scrape", "data mine," or in any way reproduce or circumvent the navigational structure or presentation of Fundedco.com or its contents;
- Frame, or utilize framing techniques, to enclose any trademark, logo or other proprietary information (including images, text, page layout and form) of Fundedco.com and/or its affiliates;
- Use Fundedco.com for any unlawful purpose; or
- Attempt to do any of the above.
You are further prohibited from:
- Using an anonymizing proxy to access Fundedco.com or its services;
- Doing anything that could disable, over-burden or impair Fundedco.com’s servers or the proper working of Site (including a denial of service attack);
- Gaining, or attempt to gain, unauthorized access to Fundedco.com’s services, or access to pages of the Site for which you are not authorized by Fundedco.com;
- Using the Site or its services to gain competitive intelligence or market research for the purpose of creating a product or service similar in nature or design to Fundedco.com’s services; or
- Attempting to do any of the above.
The preceding are non-exhaustive lists of prohibited activities.
5. Accessing our Site
Fundedco.com is not intended for or directed at users under the age of 18. If you are under the age of 18, you are hereby expressly notified that you are not permitted to provide any information through this website, for any purpose, including seeking loan information or services.
6. Content Ownership
Each User is granted a limited, revocable, non-exclusive license to access the Site and the text, images, maps, files, photos, information and other materials on the Site (the “Content”) for the User’s personal use in order to view, access or make inquiries to us regarding our services, in accordance with these Terms. Any commercial use or other use of the Site is expressly prohibited. This limited license does not include right of display, copying, aggregation, collection, or derivative use of the Site nor any right of use of spiders,data mining, robots or similar data extraction and gathering tools without our prior express written permission. We reserve any rights not expressly granted herein.
The Content may contain errors, omissions, or typographical errors or may be out of date. Fundedco.com may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Fundedco.com in any way except to the extent it is specifically indicated to be so.
Fundedco.com makes no representation that materials contained on the Site or products described or offered at the Site are appropriate or available for use in jurisdictions outside of the United States, or that these Terms comply with the laws of any other country. Visitors who use Fundedco.com and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access Fundedco.com from any territory where its contents are illegal, and that you, and not Fundedco.com, are responsible for compliance with applicable local laws.
7. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflicts of law provisions. Additionally, any claims brought against Fundedco.com shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, this Agreement, use of Fundedco.com, or any services provided through Fundedco.com, shall be in the state or federal courts located in the Commonwealth of Massachusetts.
8. LIMITATION OF LIABILITY
IN NO EVENT WILL WE OR ANY OF OUR OFFICERS, DIRECTORS, SHAREHOLDERS OR EMPLOYEES BE LIABLE FOR ANY LOST PROFITS, COVER, LOSS OF REVENUE OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM YOUR USE OF THE SITE OR ANY TRANSACTION BETWEEN US OR BETWEEN YOU AND LENDING PARTNERS THAT IS ENABLED BY OR ARISES IN CONNECTION WITH YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATI`ONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (i) BREACH OF CONTRACT, (ii) BREACH OF WARRANTY, (iii) STRICT LIABILITY, (iv) TORT, (v) NEGLIGENCE, (vi) STATUTE, OR (vii) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
9. DISCLAIMER OF WARRANTY
THIS SITE IS PROVIDED “AS IS” AND Fundedco.com MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO Fundedco.com OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. Fundedco.com ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF Fundedco.com OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT Fundedco.com OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.
You agree to defend, indemnify, and hold harmless Fundedco.com, its Lending Partners, its vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the Site. To the extent permitted by law, you hereby release Fundedco.com from any and all claims or liability related to any product or service provided through Fundedco.com and any conduct, action, or inaction by the affiliate Lending Partners . The foregoing indemnification obligation shall survive termination of these Terms and the operation of Fundedco.com or any product or service provided to you arising out of or relating to your use of the Fundedco.com.
11. Links to Third Parties
The Site routinely contains links to external, third party websites. Our providing links to other websites does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to us. Fundedco.com does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor do such links epresent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind , either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose. Users of Fundedco.com assume complete responsibility and risk in their use of any external sites.
12. Binding Arbitration for Dispute Resolution
THIS AFFECTS YOUR RIGHTS. PLEASE READ CAREFULLY.
You agree to attempt in good faith to settle any dispute or claim that has or may arise between Fundedco.com and you, which arises out of or relates in any way to these Terms or your use of Fundedco.com or the Content, including, without limitation, any dispute or claim between you and our affiliated Lending Partners (each, a "Claim"), by way of consultations between you and us, which consultations will be initiated upon written notice by any party to the other (the "Consultation Notice"). The Consultation Notice must describe the nature and basis of the Claim and set forth the specific relief sought ("Demand"). If such Claim cannot be resolved within thirty (30) days after the Consultation Notice is received, any party to the consultations may initiate an arbitration proceeding upon written notice to the other party in accordance with this Section 11. Any notice to Fundedco.com under this Section 11 should be addressed to: Consultation Notice Inquiry for FundedCo C/O Affiliate Media Network, 1 Kendall Square, Suite B2106, Cambridge, MA 02139 ("Notice Address").
You agree to arbitrate all Claims between you and us that cannot be amicably resolved in accordance with the foregoing paragraph. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: (a) claims arising out of or relating to any aspect of your relationship with us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; and (b) claims that could be alleged as class action Claims (and you agree to waive the right to participate in a class action in accordance with this Section 11). For the avoidance of doubt, references in this Section 11 to "Fundedco.com," "Lending Partners," "we", "users", "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of the services, information or Content available through the use of Fundedco.com. This arbitration agreement does not preclude you from bringing an individual action in small claims court or bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. You acknowledge and agree that, by entering into this arbitration agreement, you and Fundedco.com are each waiving our respective rights to a trial by jury or to participate in a class action. You acknowledge and agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. You further agree that this arbitration provision shall survive termination of this Agreement. Any arbitration under this Section 11 shall be governed by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules"), as modified by this Agreement (but expressly excluding the Supplementary Rules for Class Arbitration and any other AAA Rules that conflict with the waiver of class arbitration and representative proceedings below), and will be administered by one (1) arbitrator with relevant industry experience appointed in accordance with the AAA Rules. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including, without limitation, issues relating to the applicability and enforceability of this arbitration agreement. Unless otherwise mutually agreed by the parties to the arbitration, any arbitration hearings under this Section 11 will take place in the county where you are domiciled.
If your Claim is for $5,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your Claim exceeds $5,000, the right to a hearing will be determined by the AAA Rules. Except as otherwise provided for in this Section 11, in any arbitration between you and Fundedco.com, all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above where Claims for damages do not exceed $10,000 shall be paid, at your written request, by us. Any request for payment of fees by us shall be submitted by mail to the AAA along with your demand for arbitration, and we will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If, however, the arbitrator finds that either the substance of your Claim or the relief sought in the Demand is frivolous or brought for an improper purpose, you agree to reimburse us for all monies previously disbursed that are otherwise your obligation to pay under the AAA Rules.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND THAT THIS AGREEMENT EXPRESSLY PROHIBITS CLASS ARBITRATION BY ANY PARTY. Further, unless the parties to the arbitration agree otherwise, the arbitrator may not consolidate more than one person’s Claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator shall not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law.
With the exception of the provision in the preceding paragraph prohibiting class arbitration or representative proceedings, if an arbitrator or court decides that any part of this Section 11 is invalid or unenforceable, the other parts of this Section 11 shall still apply. In the event that the foregoing prohibition on class arbitration or representative proceedings is deemed invalid or unenforceable, then the entirety of this Section 11 shall be null and void. The remainder of the Terms, including, without limitation, Section 10 (Governing Law), will remain in force.
You may opt-out of this arbitration provision only by written notice to us at the Notice Address within thirty (30) days of your acceptance of this agreement, which notice shall include your name, address, and a clear statement that you do not wish to resolve disputes with us through arbitration.
If we make any change to this arbitration provision (other than a change to the Notice Address) during the term of your relationship with us, that change shall not apply to any Claim against us initiated prior to the effective date of the change. The change shall apply to all other Claims that have arisen or may arise between you and us. We will notify you of changes to this arbitration provision by posting the amended terms on the Site or by email, in each case at least thirty (30) days before the effective date of the changes.
Notwithstanding anything to the contrary in these Terms, Lending Partners shall be third party beneficiaries of the rights to dispute resolution and arbitration set forth in this Section 11, and each Lending Partner shall have the right to enforce this Section 11 against users as if such Lending Partner were a party to the agreement set forth in this Section 11 in the event of any dispute or claim between you and such Lending Partner based on or relating to any transaction or interaction between you and such Lending Partner that is enabled by or arises in connection with your use of Fundedco.com.
These Terms constitutes the complete agreement between the parties with respect to your use, access, and receipt of services from Fundedco.com and supersede all prior agreements, negotiations and discussions between you and Fundedco.com relating to the same. No third-party beneficiaries of the agreement exist.