This is the Terms of Service agreement for Fundable LLC and Fundable.com. All Fundable users must read and accept every aspect of this and any other agreement or policy provided by Fundable LLC. If you do not agree to these terms, you are prohibited from using Fundable.com or any affiliated services. Moreover, Fundable LLC reserves the right to modify this agreement at any time. Your use of Fundable.com and affiliated services indicates your unconditional acceptance of all changes made to this agreement at any point.
The Ground Rules
The membership of Fundable.com succeeds because of the quality of its members and some basic rules that everyone adheres to. We reserve the right to deny service to any member or prospective member at any time.
No Misrepresentation. Please be as honest and forthright about yourself and your offer as possible. Members are encouraged to report any communications that they consider to be misleading or any members that appear to be misrepresenting themselves.
No Leeches. A leech is someone who doesn’t respect the interests of the community and attempts to abuse the system for their own benefit. They take constantly and offer nothing in return. The Network succeeds because of our community’s ability to give. Don’t be a leech.
Securities Solicitation Policy
By posting on this site Member represents and agrees that nothing contained herein constitutes an offer to sell or solicitation of an offer to buy any security, and that if any offer or sale of securities is deemed to have occurred by reason of a posting or listing on this Site such offer and sale is made solely to institutional or accredited investors as those terms are applicable under state and federal securities laws.
All names and logos associated with Fundable LLC and Fundable.com are trademarks of Fundable LLC. You may not use any Fundable LLC trademark in any manner without Fundable LLC's written consent. Furthermore, users may not infringe on any patents, trademarks, or other copyrights of Fundable users or any other parties whatsoever.
Fundable.com is an online service that allows startups to connect with individuals who are interested in helping to support them by pledging money in exchange for a reward upon a successful fundraise. Only users who are manually approved will be able to launch a campaign on the site. All startups are thoroughly vetted prior to launching a campaign and they are coached on creating proper expectations and calculating use of proceeds.
Conditions for Membership
For obvious legal reasons, Fundable.com or any affiliated services may not be used by persons under the age of 18. This same restriction applies to any users suspended or removed from Fundable.com or any affiliated services. Users are prohibited from transferring or profiting from the transfer of their Fundable account to another party. If you do not meet these requirements, you are not eligible to use Fundable.com.
Terms of Information Use
Fundable LLC is authorized to use any information that is provided by Fundable users or affiliates. This information is used at no charge from the users and may be used for any purpose associated with Fundable LLC, or any affiliates. All information that a user posts on Fundable.com is completely the USER's responsibility. Fundable LLC is not responsible for any misrepresentation of facts or other errors in this content. Fundable LLC strives to ensure the integrity of the information on Fundable.com, but cannot guarantee the truthfulness of the information that each user provides through Fundable.com. Fundable LLC reserves the right to release any user information or other information if required to do so by law.
Fundable Contact System
Fundable LLC has created a proprietary messaging system for users to communicate with one another and for Fundable LLC to contact these users. Additionally, Fundable LLC may communicate with its users via email or other forms of contact in the normal course of business. All users must agree not to abuse Fundable.com contact system in manner. Failure to comply with this requirement may result in account suspension or termination.
Confidential Information Exchange
All information submitted to Fundable.com, including messages, will become property of Fundable LLC. Any investor or entrepreneur on our site requesting to contact any other investor 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 do not send any confidential information through Fundable.com. You're best off using the system to make contact with other Members and then continue any confidential information exchange through your own methods.
Use of Fundable.com
Your use of Fundable.com Service must follow the guidelines set forth in this agreement. Fundable.com may refuse or revoke service or other offerings without prior notice to any user or potential user for any reason. Users must obey all applicable local, national, and international laws associated with the use of Fundable.com and any affiliated services.
Users take complete responsibility for all activities that occur under their Fundable account with or without their prior knowledge or consent. In the event that you discover any unauthorized use of your account, you must immediately notify Fundable.com so that the proper actions can be taken.
Types of Business Not Supported
Based on past experience, there are a few businesses that we just can't seem to support without throwing the rest of our community up in arms. These include Multi Level Marketers, Home Based Business Services, and just about anything that has to do with pornography or adult entertainment. We reserve the right to cancel or suspend accounts that appear to be related to these types of business. If you're running one of these types of businesses, you will probably have more luck on Craigslist, as they are a more generalized listing service.
Users agree with Fundable LLC NOT to use Fundable.com or any services provided by Fundable LLC or its affiliates to:
· Commit ANY unlawful acts
· Post or "spam" other users on the system with unsolicited advertising or other communications
· Harm Fundable.com, Fundable or any related systems and infrastructure in any way through any means
· Collect or resell data containing other users' profile or personal information or any other information on Fundable.com
· Harass other users or anyone else in any way
· Misrepresent themselves in any way through profile postings, messages sent to
· Fundable LLC or other users, or any other method
· Commit any actions considered to be unethical or to abuse Fundable.com system, other associated services, or users
· Attempt to deliberately solicit members to leave Fundable.com in favor of another related or competitive service
Intellectual Property Rights — Project Creators
The Service provides you with the ability upload your content to the Site. Company will not have any ownership rights in your content, however, Company needs the following license to perform the Service. You hereby grant to Company the worldwide, non-exclusive, royalty-free, right to (and to allow others acting on its behalf to) (i) use, host, display, and otherwise perform the Service on your behalf (e.g., use, host, stream, transmit, playback, transcode, copy, display, feature, market, sell, distribute and otherwise exploit ("Host") the content, along with all associated copyrightable works or metadata, including without limitation photographs, graphics, and descriptive text ("Artworks") in connection with the Service); (ii) (and to allow other users to) stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the content and Artworks; and (iii) use and publish, and to permit others to use and publish, the name(s), trademarks, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision of the Service.
To enable Company to Host your content pursuant to the above provisions, you hereby grant to Company the worldwide, non-exclusive, perpetual, royalty-free, sub licensable and transferable right to use, reproduce, copy, and display your trademarks, service marks, slogans, logos or similar proprietary rights (collectively, the "Trademarks") solely in connection with the Service.
Intellectual Property Rights — Users
The Service may provide users with the ability to add, create, upload, submit, distribute, collect, or post ("Submitting" or "Submission") content, videos, audio clips, written forum comments, data, text, photographs, software, scripts, graphics, or other information to the Site (collectively, the "User Submissions"). By Submitting User Submissions on the Site or otherwise through the Service, you:
§ acknowledge that by Submitting any User Submission to the Site, you are publishing that User Submission, and that you may be identified publicly by your User ID in association with any such User Submission;
§ by Submitting any User Submissions through the Site or the Service, you hereby do and shall grant Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub licensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service and Company’s (and its successors and assigns’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites). You also hereby do and shall grant each user of the Site and/or the Service a non-exclusive license to access your User Submissions through the Site and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use. For clarity, the foregoing license grant to Company does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing;
§ you agree to pay all royalties and other amounts owed to any person or entity due to your Submission of any User Submissions to the Service;
§ that the use or other exploitation of such User Submissions by Company and use or other exploitation by users of the Site and Service as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights; and
§ understand that Company shall have the right to delete, edit, modify, reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated and that Company will not be liable for any errors or omissions in any content; and that Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
Company does not endorse and has no control over any User Submission. Company cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Fundable LLC has set in place a listing of disciplinary guidelines for regarding the use of Fundable.com or any affiliated services. Fundable LLC may, but is not obligated to, enforce penalties for breaching these guidelines. Foremost, you agree that Fundable.com may immediately suspend or terminate your Fundable account and all access to Fundable.com and other services without prior notice. The following will lead to the suspension or termination by Fundable.com of a user's account 1) violation of this Terms of Service or the User Agreement within this document 2) Violation of any applicable laws 3) A user's request to have their own profile removed 4) Account inactivity.
Account termination will include, but is NOT limited to the previous items and events listed. Fundable account suspension or termination includes the complete stoppage of all use of Fundable.com and any affiliated services. All account suspensions or terminations will be made at Fundable LLC's discretion and without necessarily consulting any other parties. Fundable LLC is not liable for any damages associated with the suspension or termination of a user's account.
If we made a mistake somewhere, we'll work with you to quickly resolve the matter. Fundable.com does not offer refunds outside of an internal error.
Under no circumstances shall Fundable.com or it's affiliates be held responsible for overdraft charges incurred from your financial institution as a result of any purchases or renewals through or in connection with our websites. It is the sole responsibility of you as a customer to ensure "overdraft fees," "overage fees," or "overlimit" or any other fees from your financial institution do not occur by taking the necessary action to avoid them. Furthermore, Fundable.com is not liable for any fees incurred due to billing errors.
Subscriptions are billed on a monthly recurring basis. Your card will be debited the full purchase amount on the date of your purchase. All subsequent renewals will be billed in monthly increments, beginning one month after initial purchase date, until you cancel your monthly Subscription. We will not refund "unused" portions of a Subscription. If you decide to cancel, we simply stop all further billing and your subscription will expire at the end of your current billing period.
Consulting Services are billed on a one-time basis or deferred over multiple payments. These payments are not refundable once payment has been processed and service delivery has begun.
Platform Fees are billed on a monthly recurring basis 30 days past initial purchase date of the associated Consulting Services. Your card will be debited the full platform fee amount on this date. All subsequent renewals will be billed in monthly increments, beginning one month after initial Platform Fees processing date, until you cancel your monthly Platform Fee. We will not refund "unused" portions of a Platform Fee. If you decide to cancel, we simply stop all further billing and your Platform Fee will expire at the end of your current billing period.
Contacting Fundable.com about Billing
If we made a mistake with your billing please email us at firstname.lastname@example.org.
Extent of Liability
By accepting this Terms of Service agreement, you agree that Fundable LLC and any persons or entities associated or affiliated with Fundable LLC are not responsible for any damages to any party as a result of using the services provided or transacting business with Fundable LLC or affiliates. Fundable LLC reserves the right, but is not obligated, to screen the content that is posted on Fundable.com for any abusive, false, unreliable or other unacceptable material. However, we cannot guarantee that users will not find such material on this site. We rely a great deal on Fundable.com user base to help protect the standards and integrity of the Network. Please report any such offenses to Fundable LLC so that proper action can be taken. We reserve the right, but are not obligated, to terminate any accounts that are in violation of this Terms of Service Agreement or any other policies that our company maintains. We hold no responsibility for ANY damages caused for any reason to users of our services or to other parties. Furthermore, Fundable LLC is not responsible for malfunctioning features or services that may hinder your use of Fundable.com or its offerings or cause damages to any party. We will do our best to provide a fully functioning service with complete integrity at all times, but this cannot in any way be guaranteed. Fundable LLC will not be held responsible for the actions of other users on the Network or outside parties that disrupt the normal functioning of the network.
Membership on Fundable does not constitute an offer to sell or the solicitation by Fundable 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 Fundable. In no event will Fundable 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.
If you have any questions or would like to report any violations of these Terms of Service or other policies set forth by Fundable please contact the following:
Attn: Terms of Service
1322 Manning Pkwy
Powell, Ohio 43065 USA
Fundable is a software as a service crowdfunding platform. Fundable is not a registered broker-dealer and does not offer investment advice or advise on the raising of capital through securities offerings. Fundable does not recommend or otherwise suggest that any investor make an investment in a particular company, or that any company offer securities to a particular investor. Fundable takes no part in the negotiation or execution of transactions for the purchase or sale of securities, and at no time has possession of funds or securities. No securities transactions are executed or negotiated on or through the Fundable platform. Fundable receives no compensation in connection with the purchase or sale of securities.