Welcome to the Fundomate Terms and Conditions!
We recommend visitors carefully review our Terms and Conditions before using our site,
services or products.
If there is anything that you don’t understand, please don’t hesitate to contact us at
Fundomate TERMS AND CONDITIONS
Last Revised: May 2015
Fundomate, LLC (“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;
(ii) you will be bound by 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
(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 the
federal Truth-in-Lending Act, Equal Credit Opportunity Act, Fair Credit Reporting Act, Fair Debt
Collection Practices Act, the Gramm-Leach-Bliley Act, Dodd Frank Act, CAN-SPAM Act and all
applicable state licensing, consumer credit 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.
http://www.fundomate.com/privacy), which is incorporated by reference into this Agreement
possible use of information provided by you. By using the Site or Service, you agree to, and are
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 do not 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 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
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
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
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.
All business done with Fundomate is done with Heter Iska