Last Revised: February 5, 2018
These Terms form an agreement between SourceFunding, Inc. ("SourceFunding.org", “us”, “we”, “our”) and you. The terms "you”, “your”, and “Client” refer to the person or entity visiting the Platform, browsing or otherwise using the Platform, or communicating with others on the Platform. By accessing or utilizing the Platform, you agree that you reviewed, fully understand, and are agreeing to be bound by all of these Terms and have authority to do so, whether on your behalf or on behalf of another person or entity.
The Platform is provided solely to: (1) assist you in gathering information about the various types of services available on the Platform, the profiles and history of Partners; (2) enable you to share information about you to others on the Platform; and (3) facilitate a tech-enabled matchmaking and application process (“Services”). By accessing or utilizing the Platform, you understand and agree that SourceFunding.org is simply an information technology platform and is neither a funding provider nor a financial advisor, and nothing on this site is intended to be, or intended to be a substitute for, professional financial advice and/or financial services. You acknowledge and agree that you at no time have received or will receive financial services from SourceFunding.org, and will not take the position to any third party that you did.
Consent to Electronic Communications.
You agree that you reviewed, fully understand, and agree to be bound by SourceFunding.org’s E-Sign Agreement, which is incorporated by reference into these Terms as if it were set forth herein in its entirety. The E-Sign Agreement describes the terms and conditions relating to our electronic notification/communications policy and our electronic consent and contract binding policy. Your electronic signature, including, without limitation, "click-through" acceptance of these Terms, is the same as, and shall have the same force and effect as, your manual signature.
SourceFunding.org may unilaterally amend these Terms for any or no reason at any time with notice that is reasonable according to the extent of the amendment, as determined by SourceFunding.org in its sole discretion. Your continued access to, or use of, the Platform after such amendments are effective shall be deemed acceptance of same. SourceFunding.org will not provide you direct notice of same and a change to these Terms as available on the Website shall be deemed sufficient notice. If you do not agree to any amendment to the Terms, you must stop using the Platform. If you have any questions about the Terms, please contact us via email at support@SourceFunding.org. The Platform’s functions and functionality may be revised at any time for any or no reason without notice.
By utilizing the Platform, you shall be deemed to continually represent: (a) you are at least eighteen (18) years of age; (b) you have authority to enter into these Terms; (c) you accept these Terms and will only use the Platform in accordance with the Terms; (d) the veracity of all information you supply to, or on, the Platform; (e) you will not use the Platform for any illegal purpose; (f) you will only use the Platform for a bona fide business purpose and not for personal, family or household purposes. you understand that we may, at any time for any or no reason, revoke your access to the Platform.
In order to access the Platform or any of the Services hereunder, you must enter required data for a user account (“User Account”) and choose a username and password (“User ID”). You agree to keep the User ID secure and will not allow any third party access to it or to the Platform or Website through your User Account. You may contact SourceFunding.org to cancel your User Account at any time and, if you so cancel, you will lose all details therein and use of the Services. By opening your User Account, you authorize us to collect information about you, including information from third parties such as credit reporting agencies and information about your transactions with Partners. You authorize us to share such information about you or your account with Partners.
Term and Termination
SourceFunding.org may in its sole discretion disable your User Account at anytime and without note and, if so, you will lose access to all details therein and use of the Services.
SourceFunding.org uses a tech-enabled process to match Clients with Partners using documents and information provided by Clients to us 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 SourceFunding.org, you authorize us to obtain information, including from third-party sources, to allow you to complete and verify certain fields of your Application Information. SourceFunding.org reserves the right to obtain this information at any time during your use of the Platform until either you or SourceFunding.org terminate its rights under the Terms. If any of the Application Information does not match information SourceFunding.org obtains from third-party sources pursuant to the Terms, you may elect to modify any of the Application Information. You also agree that SourceFunding.org may contact you, including by telephone or by email, to verify the Application Information, to request additional Application Information, and to provide assistance.
If your Application Information matches with a Partner, we may identify the existence of such Partner or Partners to you (each one, a “Matched Partner”), along with general non-identifying data regarding each Matched Partner. We may limit the number of Matched Partners we identify to you based on our determination of which Partners may be the best match for you based on our analysis of the Application Information. You may instruct us to specifically identify the Matched Partners by name and/or identify you to one or more Matched Partners, in which case we will identify you to such Matched Partner and furnish them with your Application Information and a completed financing application on your behalf (each such identification, a “Campaign”). Campaigns are subject to a separate Secure Application Service Agreement that will be provided to you prior to us initiating a Campaign. You acknowledge and agree that SourceFunding.org provides the Application Information to the Matched Partner on your behalf once a Campaign is initiated and that an initiated Campaign does not guarantee that you will receive funding from any Matched Partner.
Once we initiate a Campaign to any Matched Partner, the Matched Partner will begin 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 you are responsible for selecting each Campaign to a Matched Partner. Furthermore, you acknowledge and agree that in the event that a Campaign is successful and you are approved for financing by a Matched Partner, you will determine whether or not to enter into a separate agreement with the Matched Partner upon such legal terms and conditions as they agree (“Campaign Agreement”).
Each of the parties to a Campaign Agreement are independent from SourceFunding.org. SOURCEFUNDING.ORG MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE INDIVIDUAL PARTIES, THEIR EXPERIENCE, QUALITY OF SERVICES, INSURANCE STATUS, OR LEGITIMACY. FOR CAMPAIGN AGREEMENTS WE OPERATE ONLY AS AN MATCHMAKING INTERMEDIARY BETWEEN THE PARTIES, ALLOWING THEM TO CONTACT EACH OTHER AND COLLECTING A FEE FOR OUR SERVICES. Parties’ interactions with each other and any other terms, conditions, warranties or representations associated with such dealings, are solely between those parties. Each party must make whatever investigation it feels necessary or appropriate before proceeding with any interaction or Campaign Agreement. SourceFunding.org shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If you enter into any Campaign Agreement with any Matched Partner, you agree that you must notify us within five (5) days of the date thereof. You also grant us unrestricted authorization at any time during, and any time after, the Term to confirm directly with any Matched Partner(s) the existence of any Campaign Agreement. Upon closing of such effective Campaign Agreement, you authorize us to collect the fee for same from the Matched Partner as follows: the amount of any funds approved by a Matched Partner pursuant to a Campaign Agreement (a “Campaign Fund”) shall be inclusive of a seven percent (7%) fee, with such fee being paid to SourceFunding.org directly by the Matched Partner simultaneously with transfer of the Campaign Fund from the Matched Partner to the Client, and with such fee being part of the Campaign Fund for which Client is responsible to Matched Partner under the respective Campaign Agreement. In no event shall Client be permitted, for five years from the later of (i) a Matched Partner being identified to Client by SourceFunding.org or (ii) termination or expiration of any Campaign Agreement between Client and Matched Partner, to contract with each other or any affiliates thereof without applicable fees to SourceFunding.org being paid therefor. You understand and agree that your failure to notify SourceFunding.org of any Campaign Agreement(s) with any Matched Partner(s) in the notification period agreed upon herein amounts to a theft of our Services and will result in an additional and non-negotiable fee of ten percent (10%) of the funding total of each applicable Campaign Fund paid directly by you to us and due upon notification by us to you.
Reviews and Comments
In the event you choose to comment on the Platform, SourceFunding.org has no liability therefor. SourceFunding.org may allow or disallow such comments or may remove same at its sole discretion. you shall not post or transmit to or from the Platform: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy, or that would violate any law or regulation (including but not limited to any FTC regulation); or (ii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party.
All content and information on the Platform and Website belongs exclusively to SourceFunding.org and are protected by state and federal intellectual property laws. You gain no rights to same unless expressly set forth hereunder.
No Unlawful or Prohibited Use
You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you. As a condition of use, you promise not to use the Website or Platform for any purpose that is not expressly permitted by these Terms. You shall not take any action that attempts to (i) interfere or has the effect of interfering with the proper working of the Website or Platform, (ii) bypass any security measures of the Website or Platform, (iii) collect, use or scrape any content from the Website or Platform, or (iv) modify, appropriate, reproduce, distribute, reverse engineer, mine, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Website or Platform content, except as expressly authorized by the Terms.
Third Party Websites
The Platform or Website may reference or link to third party websites, which you may access at your own risk, which SourceFunding.org does not endorse and which are not under SourceFunding.org's control.
All use of the Platform or Website is done at your own risk. SourceFunding.org makes no representation of compatibility or functionality. You may encounter viruses or similar contaminating devices, and you must ensure your own system’s and devices’ compatibility and security.
DISCLAIMER AND LIMITATION OF LIABILITY
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO ANY PARTIES, THEIR CREDENTIALS, EXPERIENCE, QUALITY OF SERVICES, INSURANCE STATUS, CERTIFICATION, LICENSE OR LEGITIMACY. WE OPERATE ONLY AS AN INTERMEDIARY BETWEEN PARTIES. In the event of damage to person or property, your recourse is against the party responsible therefor only. We are not obligated to, and we will not, take part in any dispute. Our maximum liability to you will be a refund of any amounts paid by you to us for the Services out of which any dispute or damages arose. In the event of any such damages or dispute, you hereby release us, our officers, employees, agents, employees, affiliates, representatives and successors from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, direct or indirect, disclosed and undisclosed, arising out of or in any way related to such disputes. You agree to take reasonable precautions and exercise the utmost care in all interactions with any individual or entity you come into contact with during your use of the Website or Platform. YOUR USE OF THE WEBSITE AND PLATFORM IS SOLELY AT YOUR OWN RISK.
OUR WEBSITE AND THE PLATFORM ARE PROVIDED “AS IS,” “AS AVAILABLE” AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. WE DO NOT WARRANT THAT: A) THE WEBSITE OR PLATFORM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; C) ANY CONTENT AVAILABLE AT OR THROUGH THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE WEBSITE OR PLATFORM WILL MEET YOUR REQUIREMENTS AS TO QUALITY OR TIMELINESS.
ALL LIABILITY OF US, OUR DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, OFFICERS AND SUCCESSORS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE OF THE WEBSITE OR PLATFORM IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF US, OUR DIRECTORS, EMPLOYEES, OFFICERS, AGENTS, REPRESENTATIVES, AFFILIATES, PARTNERS, SUPPLIERS, CONTENT PROVIDERS OR SUCCESSORS (AS APPLICABLE) (THE “SF ENTITIES”) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN THE AGGREGATE TO ONE HUNDRED U.S. DOLLARS ($100.00). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SF ENTITIES BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT ANY OF SUCH PERSONS OR ENTITIES HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE OR SERVICES FOR: INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES; LOSS OF ACTUAL OR ANTICIPATED PROFITS; LOSS OF REVENUE; LOSS OF GOODWILL; LOSS OF DATA; WASTED EXPENDITURE; OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANY CONTRACTORS IN CONNECTION WITH THE USE OF THE WEBSITE OR PLATFORM, INCLUDING WITHOUT LIMITATION, BODILY OR PERSONAL INJURY, DAMAGE TO PROPERTY AND/OR ANY OTHER DAMAGES RESULTING FROM PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES HEREUNDER. YOU UNDERSTAND THAT WE MAKE NO GUARANTEE, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICES.
You shall defend, indemnify, and hold harmless the SF Entities from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Website or Platform, violation of these Terms, breach of representations herein or third-party using your User Account. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
These Terms are the entire agreement between you and us with respect to the Website and Platform, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect thereto. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of SourceFunding.org to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver. These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect. Any right not expressly granted herein is reserved by us. Unless otherwise specified in these Terms, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. If you believe that any content on the Website or Platform belonging to use has been has copied in any way that constitutes copyright infringement, or your intellectual property right have been otherwise violated, please notify us of such claims. Furthermore, Client during the term of this Agreement and at all times thereafter, Client shall not, directly or indirectly, make any written or oral statement concerning SourceFunding.org, or any of the current or former directors, officers, managers or employees of SourceFunding.org, that is, in each case, likely to be harmful or disparaging to such person or entity, or the business or personal reputation of any such person or entity. Furthermore, Client shall not, directly or indirectly, induce or attempt to induce any client, prospective client or vendor of SourceFunding.org to cease doing business with us, to reduce or otherwise adversely change its business with us, or in any other way interfere with the relationship between us, as applicable, and any such client, prospective client or vendor. Client also agrees that any communications between you and us shall be considered confidential information of SourceFunding.org that you will not disclose both during the Term of this Agreement and at all times thereafter. Client also acknowledges that we will be irreparably harmed if any such covenant set forth in this section is breached and that the damages resulting therefrom will be difficult, if not impossible, to calculate. Accordingly, Client agrees that in the event of a breach or threatened breach by Client of any of the covenants or agreements herein contained, we shall be entitled to seek and obtain a temporary restraining order and/or a preliminary or permanent injunction prohibiting the proscribed activities and/or specifically enforcing the provisions hereof.
These Terms shall be governed by and construed in accordance with the laws of the State of New York excluding its conflicts of law rules. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or State Courts located in the County of Onondaga, State of New York.