User Agreement
ACCEPTANCE OF TERMS
Fundable is an online service that lets groups of people pool money
to make purchases or raise money. To become a member of Fundable,
you must read and accept all of the terms and conditions of this
agreement. If you do not agree to be bound by the terms after you
read this agreement, you may not use Fundable's service. You agree
that we may modify the terms of this Agreement or the Privacy
Policy, in our sole discretion, by posting amended terms to this
Web site. Your continued use of the service indicates your
acceptance of the amended Terms of Service Agreement.
THE SERVICE
The Service is provided by Fundable Group, Inc. and you understand
and agree to the following: (a) if you choose to register, you must
submit a valid e-mail address and select a password and user name
during the registration process; (b) You are responsible for
maintaining the confidentiality of your member name and password,
and all uses of your account -- whether or not you've authorized
such use; (d) You are responsible for maintaining the
confidentiality of other member's contact information; (d) You
agree to notify Fundable Group, Inc. immediately of any
unauthorized use of your account and (e) You are at least 18 years
of age. Fundable Group, Inc. will not be held liable for any loss
or damage for non-compliance. In addition, you understand and agree
that the content of all users, including your content, will be
collected, aggregated and anonymously integrated into the Fundable
Service and that Fundable Group, Inc. will use aggregated data
collected from you and other users for statistical and analytical
reporting purposes. You understand, and agree that, unless
expressly stated, Fundable Group, Inc. in no way controls,
verifies, or endorses any of the information contained on or in the
Fundable service outside official documentation. This includes
links, group actions, and messages.
REGISTRATION
Registration is required to create or participate in Fundable group
actions. As part of the registration process for the Service, you
agree to: (a) provide certain limited information about you as
prompted to do so by the Service (such information to be current,
complete and accurate); and (b) maintain and update this
information as required to keep it current, complete and accurate.
The information requested upon original sign up shall be referred
to as registration data ("Registration Data"). Fundable reserves
the right to delete accounts created by users who appropriate the
name, likeness, email address, or other personally identifiable
information of another individual. Fundable Group, Inc. reserves
the right to refuse the Service to any user.
TRANSACTIONS BETWEEN GROUPS AND ORGANIZATIONS OR
INDIVIDUALS
Fundable acts as an intermediary between groups (ad hoc or
otherwise) and the trustee (or Group Leader) who collects their
money. After a group action reaches a predetermined collection
goal, Fundable transfers deposits from members of the group action
to the Group Leader. In the case a group action expires before
collecting enough contributions to meet its target, Fundable
refunds all payments associated with the group action. You
understand that Fundable does not oversee the performance or
punctuality of the Group Leader after said funds have been
transferred. Fundable also makes no guarantees regarding the
performance or fairness of its payment service, PayPal Inc.
Fundable Group, Inc. shall not be liable for your interactions with
any organizations and/or individuals found on or through the
Fundable service after funds have been transferred. This includes,
but is not limited to, delivery of goods and services through group
actions, and any other terms, conditions, warranties or
representations associated with such dealings. After Fundable
transfers funds to the Group Leader, all subsequent dealings are
solely between you and such organizations and/or individuals. You
agree that Fundable Group, Inc. is not responsible for any damage
or loss incurred as a result of any such dealings. Fundable Group,
Inc. is under no obligation to become involved in disputes between
group action participants and Group Leaders, or between site
members and any third party. In the event of a dispute, you release
Fundable Group, Inc., its officers, employees, agents and
successors in rights from claims, damages and demands of every
kind, known or unknown, suspected or unsuspected, disclosed or
undisclosed, arising out of or in any way related to such disputes
and our service. Though Fundable cannot be held liable for the
actions of a Group Leader, Group Leaders are nevertheless wholly
responsible for fulfilling obligations both implied and stated in
any group action they create. Fundable reserves the right to cancel
a group action and refund all associated members' payments at any
time for any reason. Fundable reserves the right to remove a group
action from public listings for any reason.
PRIVACY
Fundable Group, Inc. may collect information about overall site
activity to improve its service. Fundable Group, Inc. will not sell
your personal information to any third party at any time. Fundable
may use contact information to investigate misuse of its
service.
COPYRIGHTS AND TRADEMARKS
Fundable Group, Inc. and the Fundable Group, Inc. logo and other
names, logos, icons and marks identifying Fundable Group, Inc.
products and services are trademarks of Fundable Group, Inc. and
may not be used without the prior written permission of Fundable
Group, Inc. All rights not expressly granted in this Agreement are
reserved to Fundable Group, Inc. You understand and agree that any
uploading or posting will be at your sole risk and Fundable Group,
Inc. shall not be responsible to you in any way. Further, Fundable
Group, Inc. does not provide any warranty as to your use of any
third party content or software that you obtain from the Fundable
Group, Inc. site. You may not post, distribute, reproduce or sell
in any way any copyrighted material, trademarks, or other
proprietary information that you do not have legal authorization to
use.
GROUP ACTIONS AND OTHER CONTENT
You are fully responsible for any content you post on the Fundable
service, including, but not limited to, photos, personal
profile(s), and forum messages. You understand and agree that
Fundable Group, Inc. may delete or interrupt any group action at
any time for any reason. Grounds for deletion of a group action
include, but are not limited to, frivolous content or unrealistic
targets. You understand and agree that Fundable Group, Inc. may
review from time to time and delete any content that violates this
Agreement or which might be offensive, illegal, or harm the safety
of or violate the rights of other users and members. Content that
is illegal or prohibited, includes, but is not limited to,
material, text, graphics, video or audio that:
- Is unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable
- Displays sexually explicit material of any kind.
- Is intended or designed to disrupt an ongoing conversation via flaming (a message in which the writer publicly attacks another participant in overly harsh, or personal terms) or trolling (deliberately posting derogatory or inflammatory comments in order to bait other users into responding).
- Encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation
- Transmits or posts any unsolicited or unauthorized advertising, "spam," junk mail, "chain letters," "pyramid schemes," etc.
- Transmits or posts any content that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights
- Transmits or posts any viruses or material designed to disrupt, limit or destroy any functionality of any computer software or hardware of users, members or the Fundable service
- Collects, stores or solicits information about other users or members for commercial or unlawful purposes or engage in commercial activity such as contests, sweepstakes, etc. without Fundable Group, Inc. prior consent
- Contains personally identifiable information about another member that is published without their express consent
- Contains material originally posted by another member that is reposted without permission or attribution
- Advertises any illegal services or the sale of any items prohibited or restricted by applicable law
- Has misleading email addresses or other manipulated identifiers to disguise its origin
TERMINATION
By Member: You may terminate the Member Agreement at any time.
Termination of the Member Agreement also terminates these Terms of
Service. To terminate the Member Agreement, you must notify
Fundable by sending e-mail to contact@fundable.com. After receipt
of your termination notice, Fundable will terminate your account.
By Fundable: Fundable may terminate the Member Agreement at any
time in the event of a breach of this Agreement by Member or anyone
accessing the Service using Member's username. Fundable, at its
sole discretion, may also terminate this Agreement at any time
without cause, and may suspend access to the Service with or
without notice, to any User.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND/OR ANY GRAPHICS OR
OTHER CONTENT YOU DOWNLOAD FROM THE FUNDABLE GROUP, INC. SITE IS AT
YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF FILES, SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR
OTHER CONTENT. THE SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT
YOU DOWNLOAD FROM THE FUNDABLE GROUP, INC. SITE ARE PROVIDED ON AN
"AS IS" BASIS. FUNDABLE GROUP, INC., ITS LICENSORS AND SUPPLIERS
EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS,
IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. NEITHER FUNDABLE GROUP, INC., NOR ITS
LICENSORS OR SUPPLIERS MAKE ANY WARRANTY THAT THE SOFTWARE,
SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM THE
FUNDABLE GROUP, INC. SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE
SOFTWARE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR
FREE; NOR DOES FUNDABLE GROUP, INC., ITS LICENSORS OR SUPPLIERS
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY
INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE
SOFTWARE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL FUNDABLE GROUP, INC., BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE
SOFTWARE, SERVICE, AND/OR ANY GRAPHICS OR OTHER CONTENT, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF FUNDABLE
GROUP, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHER FUNDABLE GROUP, INC. SHALL HAVE NO LIABILITY TO YOU OR
OTHER THIRD PARTIES FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR
DOWNLOADED FROM THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU.
INDEMNITY
YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD
FUNDABLE GROUP, INC. HARMLESS FROM AND AGAINST ANY LOSS, COST,
DAMAGES, LIABILITY, AND/OR EXPENSE ARISING OUT OF OR RELATING TO
(A) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT
BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION
WITH THE SERVICE, (B) ANY FRAUD OR MANIPULATION, OR OTHER BREACH OF
THIS AGREEMENT, BY YOU, OR (C) THIRD PARTY CLAIMS, ACTIONS OR
ALLEGATIONS BROUGHT AGAINST FUNDABLE GROUP, INC. ARISING OUT OF
YOUR USE OF THE SERVICE OR SOFTWARE.
GENERAL TERMS
This Agreement is governed in all respects by the laws of the State
of Texas, U.S.A, without reference to its conflicts of laws,
principles and any dispute arising hereunder shall be submitted to
state and federal courts in Austin, Texas and you consent to the
exclusive jurisdiction of such courts. If any provision of this
Agreement is held to be invalid or unenforceable, such provision
shall be struck and the remaining provisions shall be enforced.
Fundable Group, Inc. failure to act with respect to a breach by you
does not waive Fundable Group, Inc. right to act with respect to
subsequent or similar breaches. You may not assign or transfer this
Agreement or any rights hereunder, and any attempt to the contrary
is void. This Agreement shall inure to the benefit of and be
binding upon each party's successors and assigns. Fundable Group,
Inc. shall not be liable for any delay or failure to perform
resulting directly or indirectly from any causes beyond Fundable
Group, Inc.'s reasonable control. Any notice required or given to
you under this Agreement shall be delivered by electronic mail at
the e-mail address provided by you during registration. This
Agreement constitutes the complete and exclusive understanding and
agreement of the parties relating to the subject matter hereof and
supersedes all prior understandings, proposals, agreements,
negotiations, and discussions between the parties, whether written
or oral. You understand and agree that you are solely responsible
for reviewing the terms of this Agreement from time to time. Any
continued use of the Software or Service by you after such amended
terms have been posted or information regarding such amendment has
been sent to you, shall be deemed your consent and agreement to
such amended terms.
contact@fundable.com
