Terms & Conditions
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Fundomate TERMS AND CONDITIONS
Last Revised: November 2019
Fundomate, Inc. (“Fundomate”) matches small businesses and small business owners (for a business purpose as provided in Section 8.2) with alternative lenders and other sources of funding (“Funding Providers”), as described further in the section of these Terms and Conditions titled “The Service.” As used in this Agreement, the words “you” and “your” refer to you, the user of Fundomate’s website or applications, as the party agreeing to these Terms and Conditions. The words “we,” “us,” “our” and any other variation thereof refer to Fundomate. As used in these Terms and Conditions, the term “Site” includes all websites and applications that we operate that link to these Terms and Conditions, pages within each such website or application, any equivalent mirror, replacement, substitute or backup website or application, and pages that are associated with each such website or application. The use of the word “including” in these Terms and Conditions to refer to specific examples will be construed to mean “including, without limitation” or “including but not limited to” and will not be construed to mean that the examples given are an exclusive list of the topics covered. These Terms and Conditions constitute a legally binding agreement (this “Agreement”) between you and Fundomate (each a “Party,” and collectively the “Parties”). Please read the Terms and Conditions carefully before using or accessing the Services. By registering an account on the Fundomate website currently found at www.fundomate.com (together with any successor website, the “Site”), or by otherwise using or accessing the Services, you acknowledge and agree that:
(i) you have read and understand all of the provisions set forth in this Agreement;
(iii) you are at least eighteen (18) years of age;
(iv) you have the right, authority and capacity to enter into this Agreement and to abide by all terms and conditions of this Agreement;
(v) you are a resident of one of the forty-eight (48) contiguous states of the United States, or a resident of Washington D.C.; and
(vii) this Agreement are the legal equivalent of a signed, written contract between you and Fundomate.
1. Acceptance of Agreement
3. Definitions and Interpretation
5. Accuracy of and Changes to Your Information
6. Disclosure and Consent to Electronic Communications
7. The Service
8. Your Use of the Service
10. Warranties and Disclaimers
11. Term and Termination
12. General Terms
1. Acceptance of Agreement. By accessing the Site and by using the Service, you agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Site or Service. If you do not agree to be bound by this Agreement, do not use the site or the service. You may not use the Site or Service, or accept this Agreement; if (a) you are not of legal age to form a binding contract with Fundomate; (b) you are prohibited by law from receiving or using the Service; or (c) you are not a U.S. resident.
2. Amendments. Fundomate reserves the right to update and/or amend this Agreement at any time with notice that is reasonable according to the extent of the amendment, as determined by Fundomate in its sole discretion. Fundomate will post notice of any amendment on the Site. For a substantial amendment, including a change to the fee structure outlined herein, Fundomate may also notify you as outlined in the Disclosure and Consent to Electronic Communications section of this Agreement. You should check the Terms and Conditions regularly. By continuing to use the Site or Service after such notice is provided, you accept and agree to such amendments. If you do not agree with an amendment to this Agreement, you must stop using the Site and Service. If you have any questions about the terms and conditions contained in this Agreement, please contact us at Admin@Fundomate.com.
3. Definitions and Interpretation.
3.1 Defined Terms. Unless the context requires otherwise, capitalized terms in this Agreement shall have the following meanings:
(a) “Account Information” means information about accounts you maintain at third party sites, including, as applicable, your accounts at any financial institution, as provided by you to Fundomate.
(b) “Affiliate” means, with respect to a Party, any person, firm, corporation, partnership (including, without limitation, general partnerships, limited partnerships, and limited liability partnerships), limited liability company, or other entity that now or in the future, directly controls, is controlled with or by or is under common control with such Party.
(c) “Applicable Law” means all federal and state laws, including regulations, applicable to the activities and obligations contemplated under this Agreement, including without limitation all applicable state and federal licensing and privacy laws, as the same may be amended and in effect from time to time during the Term.
(d) “Business Day” means any day (other than a Saturday, Sunday or legal holiday) on which federally-insured financial institutions in Los Angeles County, California are permitted to be open to conduct substantially all of their business.
(e) “Profile Information” means the information you provide to us to register for the Service, including as applicable, business name and address, amount and intended purpose of funding sought, certain financial information regarding the business, and certain information regarding the business owner, as well as the username and password that allow you to access the Service, as such information shall change from time to time.
(f) “Service” means the service provided by Fundomate to you, as described further in Section 3.2 Interpretation. References to Sections and Appendices are to be construed as references to the Sections of, and Appendices to, this Agreement, unless otherwise indicated. The singular includes the plural, and the plural includes the singular. All references to “hereof,” “herein,” “hereunder” and other similar compounds of the word “here” shall mean and refer to this Agreement as a whole rather than any particular part of the same. The terms “include” and “including” are not limiting. Unless designated as Business Days, all references to “days” shall mean calendar days.
5. Accuracy of and Changes to your Information. You agree to provide accurate Profile Information and Account Information. You further agree to promptly update all your Profile Information or Account Information whenever the information provided to us is no longer accurate. You can update your information by visiting your profile page on the Site. If you need help in changing your information, please email us at Admin@Fundomate.com. We are not responsible for any payment processing errors or fees or other Service-related issues arising from your failure to keep your Profile Information current. If we determine, in our sole discretion, that you have failed to maintain current and accurate Profile Information or Account Information, we may suspend or terminate your access to the Site and Service.
6. Disclosure and Consent to Electronic Communications.
6.1 Consent to Electronic Communications. When you visit the Fundomate site, create an account or otherwise register for or make use of the Services, you understand and agree that you are entering into agreement with this Agreement electronically and that certain categories of information (“Communications”) may be provided by Fundomate to you by electronic means (i.e., via email, through the Service by displaying links to notices generally on the Site unless and until you withdraw your consent as described below. You understand that the communications referenced in this Section 6.1 include SMS text messages and you are not required to give us your consent to receive any SMS text messages as a condition of using this Website or purchasing any goods or services.
You also expressly consent to receiving servicing, collection, marketing and other calls and messages, including auto-dialed and pre-recorded message calls, and SMS messages (including text messages) from us, our affiliates, marketing partners, referral partners, business partners, agents, and others calling at their request or on their behalf, at any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers). Your cellular or mobile telephone provider may charge you according to the type of plan you carry. Your consent will be effective even if the number you have provided is registered on any state or federal Do-Not-Call (DNC) list. This consent for auto-dialed and prerecorded calls shall remain in effect until you revoke it. Your consent to these calls may be revoked by informing the telemarketing representative, or by any other reasonable method that ensures we receive the revocation.
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in this Agreement.
The categories of Communications that may be provided by electronic means include:
(a) this Agreement and any amendments, modifications, or supplements.
(b) disclosures or notices provided in connection with the Service, including any required by Applicable Law (including initial disclosures, initial and annual privacy notices, opt-out notices, and change-in-terms notices).
(c) any customer service communications, including communications with respect to claims of error or unauthorized use of the Site or Service; and
(d) any other communication related to the Site or Service. Although Fundomate reserves the right to provide Communications in paper format at any time, you agree that Fundomate is under no obligation to do so. All Communications in either electronic or paper format will be considered to be “in writing.” You should print a paper copy of this Agreement and any Communication that is important to you and retain the copy for your records. If you do not wish to receive this Agreement or the Communications electronically, you may not use the Site or Service.
6.2 Timing of Communications. Any Communications will be deemed to have been received by you no later than five (5) Business Days after Fundomate sends it to you by email or posts it on the Fundomate Site, whether or not you have received the email or retrieved the Communication from the Fundomate Site. An electronic communication by email is considered to be sent at the time that it is directed by Fundomate’s email server to your email address. You agree that these are reasonable procedures for sending and receiving electronic Communications.
6.3 Updated Contact Information. You agree to promptly update your Profile Information if your email address changes so that Fundomate may contact you electronically. You may update your Profile Information, such as your email address, as described in the Accuracy of and Changes to Your Information section of this Agreement. You understand and agree that if Fundomate sends you an electronic Communication but you do not receive it because the email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Fundomate will be deemed to have provided the Communication to you.
6.4 System Specifications. In order to access, view, and retain electronic Communications that Fundomate makes available to you, you must have access to: (a) a computer with an Internet connection; (b) a current web browser that includes 128-bit encryption (e.g. Internet Explorer version 6.0 and above, Firefox version 2.0 and above, Chrome version 3.0 and above, or Safari 3.0 and above) with cookies enabled; (c) Adobe Acrobat Reader version 8.0 and above to open documents in .pdf format; (d) sufficient electronic storage capacity on your computer’s hard drive or other data storage unit to save past Communications and/or an installed printer to print them; and (e) an email account with an Internet service provider and email software. Your access to this page through your device verifies that your device meets these requirements.
6.5 Reservation of Rights. Fundomate reserves the right, in its sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which Fundomate provides electronic Communications. Fundomate will provide you with notice of any such termination or change as required by law.
7. The Service.
7.1 Description of the Service. Fundomate matches users with Funding Providers using a combination of the user’s Profile Information and criteria mutually agreed upon by each Funding Provider and Fundomate which, if met, would provisionally pre-qualify the user to receive funding under such Funding Provider’s terms and conditions (the “Prequalification Criteria”). You may request provisional prequalification for funds using the Service at any time by providing Fundomate information and documents, including but not limited to business name and address, amount and intended purpose of funding sought, certain financial information and documents regarding the business, and certain information and documents regarding your business owner (the “Application Information”). You agree to provide true, accurate, current and complete Application Information. By providing the Application Information to Fundomate, you authorize us to obtain information, including from third-party sources, to allow you to verify certain fields of your Application Information. Fundomate reserves the right to obtain this information at any time during your use of the Service until either you or Fundomate terminate its rights under this Agreement pursuant to Section 11. If any of the Application Information does not match information we obtain from third-party sources pursuant to this Section, you may elect to modify any of the Application Information. You further acknowledge and agree that, by providing your express authorization pursuant to your submission of the Prequalification Application, Fundomate may request a credit report on your behalf from third-party credit reporting services.
7.2 Referrals. If your Application Information meets the Prequalification Criteria set by one or more Funding Providers, we may identify such Funding Provider or Funding Providers to you (each one, a “Matched Funding Provider”), along with data regarding each Funding Provider’s use of the Service, including general details regarding amount of funding provided, interest rate, time between application for funding and fulfillment, and timing of repayment of funding (the “Funding Provider Details”). We may limit the number of Funding Providers we identify to you based on our determination of which Funding Providers may be the best match for you based on our analysis of the Application Information. You may instruct us to identify you to one or more Matched Funding Providers, in which case we will identify you to such Matched Funding Providers and furnish them with your Application Information on your behalf (each such identification, a “Referral”). Referrals are subject to a separate Secure Application Service Agreement that will be provided to you prior to Referral. You acknowledge and agree that a Referral does not guarantee that you will receive funding from any Matched Funding Provider. You further acknowledge and agree that the Funding Terms may differ from the terms and conditions that apply to funding you ultimately receive from a Matched Funding Provider.
7.3 Applying for Funding. Once we make a Referral to any Matched Funding Provider, the Matched Funding Provider will initiate its underwriting process based on the Application Information and will determine, according to its own terms and conditions, whether to provide funding to you. You acknowledge and agree that Fundomate has no role in a Matched Funding Provider’s decision to provide or not provide funding to you, and that Fundomate provides the Application Information to the Matched Funding Provider on your behalf. You further acknowledge and agree that, in addition to a credit report obtained by Fundomate through the Prequalification Application, a Funding Provider may request its own independent credit report on your behalf from third-party credit reporting services in the course of evaluating a proposed funding arrangement with you.
7.4 Our Use of the Account Information. You authorize us to use the Account Information for all purposes related to the Service, and to have continued access to your financial institution, provided that such access shall be used solely for the purpose of providing the Service to you. Account Information shall remain available to you during the Term, but any information obtained during the Term shall remain the property of Fundomate.
7.5 No Fees. We do not charge you any fee for the Service. We only receive compensation from Funding Providers. Our compensation from a Funding Provider varies depending on the total amount of funding provided. Fundomate does not control a Funding Provider’s terms, but we use our best efforts to make clear the specific amount of any fees or interest rates charged to you by a Funding Provider. We also make our best effort to minimize or eliminate any impact that compensation paid to us may have on your fees and interest rates. Ultimately, however, funding terms and conditions are entirely and solely within the Funding Provider’s discretion.
7.6 Affiliates. The rights, duties and/or obligations of Fundomate under this Agreement may be exercised and/or performed by Fundomate and/or any of Fundomate’s Affiliates, or any of their subcontractors and/or agents. Fundomate acknowledges and agrees that it shall be solely responsible for the acts or omissions of Fundomate’s Affiliates, and any subcontractor or agent of Fundomate or any of Fundomate’s Affiliates, related to the subject matter hereof. You agree that any claim or action arising out of or related to any act or omission of any of Fundomate or Fundomate’s Affiliates, or any of their respective subcontractors or agents, related to the subject matter hereof, shall only be brought against Fundomate, and not against any of Fundomate’s Affiliates, or any subcontractor or agent of Fundomate or any of Fundomate’s Affiliates. You acknowledge that under no circumstances shall a Funding Provider be considered an Affiliate for purposes of this Agreement.
8. Your Use of the Service.
8.1 Use of Service in Accordance with this Agreement and Applicable Law. You will not use the Site or Service for any illegal purpose. You will only use the Site or Service in accordance with the terms and conditions of this Agreement and Applicable Law.
8.2 Business Purpose. You will only use the Site or Service for a bona fide business purpose. You will not use the Site or Service for personal, family or household purposes. You may not use the Site or Service to obtain information about or make decisions about anyone but yourself and/or your business.
8.3 Responsibility for Account. You hereby acknowledge and agree that you are responsible for maintaining your Profile Information. If you believe that your Profile Information or a device that you use to access any Site has been lost or stolen, that someone is using the Service using your Profile Information without your authorization, or that an unauthorized transaction has occurred, you must notify us immediately at Admin@Fundomate.
9. Indemnification. You agree to release, indemnify, and hold harmless Fundomate and its Affiliates, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way related to: (a) your access to, use of, or inability to use the Site or Service; (b) your breach of this Agreement; (c) your violation of any rights of a third party; (d) your interaction with any Funding Provider; (e) any duties, responsibilities, or obligations you may have to a Funding Provider, including with respect to, but not limited to, a Referral; (f) your violation of any Applicable Law; (g) the violation of any Applicable Law by a Funding Provider; or (h) your failure to provide and maintain true, accurate, current and complete Application Information, Profile Information, and Account Information.
10. Warranties and Disclaimers.
10.1 Limitation of Liability. Under no circumstances shall Fundomate, its subsidiaries, partners, or affiliates, be liable to you for (a) any indirect, incidental, consequential, special or exemplary damages arising from or relating to the use or inability to use the Service (even if Fundomate knows or has been advised of the possibility of such damages), including, but not limited to, damages for loss or corruption of data or documentation, service interruptions, or Fundomate’s or your liabilities to third parties arising from any source; (b) except as required under applicable law, any indirect, incidental, consequential, special or exemplary damages, arising from or relating to the conduct of you or anyone else in connection with the use of the Service, including, but not limited to, damages arising from your failure to provide Fundomate with accurate information or a third party’s failure to correctly verify such information.
10.2 No Warranties. Except as expressly set forth in this agreement, the Service provided hereunder by Fundomate is provided “as is” with all faults and without any representations or warranties. The entire risk as to satisfactory quality, performance, accuracy, and effort is with you. Fundomate does not represent or warrant that the Service will be available, accessible, uninterrupted, timely, secure, accurate, complete, or entirely error-free. This disclaimer of warranty extends to you and each buyer and is in lieu of all warranties and conditions whether express, implied, or statutory, including the implied warranties of merchantability, fitness for particular purpose, title, and non-infringement with respect to the Service, and any implied warranties arising from course of dealing or course of performance. No advice or information provided by Fundomate shall constitute any warranty with respect to your use of the Service. Fundomate does not guarantee or assume any responsibility for any service advertised or offered by any third party service relating to either Fundomate or any funding provider. Fundomate makes no guarantee as to the number of funding providers with whom you may be matched using the Service, nor does Fundomate guarantee that you will be able to obtain business funding in any amount using the Secure Application Service, including from any funding provider for whom your verified information provisionally prequalifies you for such funding. You understand and agree that Fundomate is neither a funding provider nor a financial advisor, and nothing on this site is intended to be a substitute for professional financial advice.
11. Term and Termination.
11.1 Term. This Agreement shall commence on the date You first access the Site or use the Service and remain in effect until either Party terminates this Agreement in accordance with the terms hereof (the “Term”).
11.2 Termination Rights of Fundomate. Fundomate may terminate this Agreement at any time in its sole discretion.
11.3 Your Termination Rights. You may terminate this Agreement at any time by ending your use of the Site and the Service and notifying Fundomate at Admin@Fundomate.
12. General Terms.
12.1 Waiver. The waiver by Fundomate of a breach of any provision contained herein shall be in writing and shall in no way be construed as a waiver of any subsequent breach of such provision or the waiver of the provision itself.
12.2 Governing Law; Consent to Jurisdiction; Waiver of Jury Trial. This Agreement will be deemed entered into in California and will be governed by and interpreted in accordance with the laws of the State of California, excluding: (i) that body of law known as conflicts of law, and (ii) the United Nations Convention on Contracts for the International Sale of Goods. The Parties agree that any dispute arising under this Agreement will be resolved in the state or federal courts in Los Angeles County, California, and the Parties hereby expressly consent to jurisdiction therein. The parties irrevocably waive any and all rights to a trial by jury.
12.3 Third Party Beneficiaries. Except as limited by Section 12.7, this Agreement and the rights and obligations hereunder shall bind, and inure to the benefit of the Parties and their successors and permitted assigns. Nothing in this Agreement, expressed or implied, is intended to confer upon any person, other than the Parties and their successors and permitted assigns, any of the rights hereunder.
12.4 Entire Agreement. This Agreement and each of its exhibits or appendices, constitute and contain the entire agreement between the Parties with respect to the subject matter hereof and supersedes any prior or contemporaneous oral or written agreements. Each Party acknowledges and agrees that the other has not made any representations, warranties or agreements of any kind, except as expressly set forth herein.
12.5 Survival. All provisions of this Agreement that by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, Sections 7.4, 9, 10, and 11.3 and definitions herein as applicable to interpretation of the foregoing shall survive the termination of this Agreement.
12.6 Severability. If any provision of this Agreement (or any portion thereof) is determined to be invalid or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and shall be binding upon the Parties and shall be enforceable, as though said invalid or unenforceable provision (or portion thereof) were not contained in this Agreement.
12.7 Assignment. Neither this Agreement nor any rights hereunder may be transferred or assigned by either Party without the prior written consent of the other Party, which consent shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Fundomate may assign this Agreement or any rights hereunder without consent: (i) to an entity that acquires all or substantially all of its stock, assets or business; or (ii) to an Affiliate. Except as provided in this section, any attempts by either Party to assign any of its rights or delegate any of its duties hereunder without the prior written consent of the other Party shall be null and void.