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Terms of Service

 
 

Section 1. General Acceptance of Terms and Conditions of Use

The following Terms and Conditions of Use (“Terms of Use” or “Agreement”) apply when you view or use WeFund Funding LLC’s (hereinafter referred to as “WeFund,” “Us,” or We”) website, located at http://www.wefundcapitalnow.com/ (“Website”), and/or when you use the services offered by WeFund (namely, inputting your user credentials in the space provided on various pages of the WeFund Website). Please review the following terms carefully. By using WeFund’s services, you signify that you agree to the below Terms of Use, as well as the Privacy Policy posted on this Website and incorporated here, by reference. If you do not agree to these Terms of Use, you may not access this Website or the Services provided by WeFund. Please note, should your application for a funding account with WeFund be subject to a separate agreement, then such agreement will be provided to you upon receipt of your application.

Section 2. Use Restrictions.

IF YOU DO NOT AGREE WITH THE BELOW TERMS OF USE, THEN YOU SHOULD LEAVE THE WEBSITE AND DISCONTINUE USE OF WeFund SERVICES IMMEDIATELY.

Your permission to use the Website is conditioned upon being at least eighteen (18) years of age, and the following Use Restrictions:

You agree that you will NOT under any circumstances:
a. use the service for any unlawful purpose or for the promotion of illegal activities;
b. alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose and/or in a manner allowed by WeFund;
c. use another user’s account without permission; or
d. provide false or inaccurate information when registering an account or otherwise using the Services.

Again, WeFund reserves the right to delete a membership without warning, if we believe, in our sole discretion, that you are less than eighteen (18) years of age or not complying with the above Use Restrictions.

Section 3. About the Service.

Subject to full compliance with the Terms of Use, the nature of WeFund’s Services is to provide flexible term loans, business cash advances, and lines of credit to those who qualify. WeFund assumes no responsibility for any failure to provide Services to you. WeFund may change, suspend, or discontinue any or all Services for any reason, at any time. WeFund may impose limits on all or any of the Services or restrict your access to parts or all of the Services without notice or liability.

Section 4. Website Content.

The opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by WeFund (e.g. their-parties, including advertisers), are those of their respective authors. Such authors are solely responsible for such content. WeFund does not guarantee the accuracy, completeness, or usefulness of any information on the Service, and neither does WeFund adopt nor endorse, nor is WeFund responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than WeFund. WeFund takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Service. Under no circumstances will WeFund be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service or transmitted to users.

Section 5. Privacy Policy.

WeFund respects the privacy of its Service users. Please refer to WeFund’s Privacy Policy http://www.wefundcapitalnow.com/privacypolicy which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to this Privacy Policy.

In addition, you agree that WeFund may collect and use technical and usage data and related information. You grant WeFund the permission to use this information to improve its products or to provide services or technologies to you, as well as to provide advertising content in which WeFund believes you may be interested, including working with third parties who provide targeted advertising content.

Section 6. Website Access.

Certain areas of the Website may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content, participate in certain features of the Website or may not be able to use any feature at all.

If the Website requires you to create an account or otherwise submit information, you must complete the process by providing us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data; and any loss caused by your failure to do so is your responsibility. During the registration process, you will be asked to enter your name, valid e-mail address and choose a password. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify WeFund immediately of any unauthorized use of your account. You further agree not to e-mail, post, or otherwise disseminate any user ID, password, or other information that may provide you access to the Website. WeFund is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.

Section 7. User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards. Blog posts, customer testimonials and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing User Contributions on or to the Website, you grant Us and [our affiliates and service providers, and each of their and] our [respective] licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material [for any purpose/according to your account settings].

You represent and warrant that:

a. You own or control all rights in and to the User Contributions and have the right to grant the license granted above to Us and [our affiliates and service providers, and each of their and] our [respective] licensees, successors and assigns.
b. All of your User Contributions do and will comply with these Terms of Use.
c. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not WeFund, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Section 8. Monitoring and Enforcement.

We have the right to:

a. Remove or refuse to post any User Contributions for any or no reason in our sole discretion;
b. Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for WeFund;
c. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
d. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and
e. Terminate or suspend your access in full or in part to the Website or Service for [any or no reason, including without limitation,] any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

YOU WAIVE AND HOLD HARMLESS WeFund [AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS] FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY [WeFund/ANY OF THE FOREGOING PARTIES] DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER [WeFund/SUCH PARTIES] OR LAW ENFORCEMENT AUTHORITIES.

We do our best to monitor the Website and its content. However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Section 9. Content Standards.

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations including the DMCA. Without limiting the foregoing, User Contributions must not:

a. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
b. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
c. Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
d. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy http://www.wefundcapitalnow.com/privacypolicy;
e. Be likely to deceive any person;
f. Promote any illegal activity, or advocate, promote or assist any unlawful act;
g. Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
h. Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
i. Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or
j. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Section 8. Fees and Payments.

Some of the services offered on the Website may require the payment of fees, interest, and other amounts (“Charged Services”). Charged Services may be subject to separate agreements, which you must enter prior to participating in such service. If you elect to sign up for Charged Services, then you shall pay all applicable amounts as described on the Website in connection with such Charged Services selected by you. WeFund reserves the right to change its prices at any time, subject to applicable law. You authorize WeFund directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information as provided while signing up for such Charged Services. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay for any such taxes that might be applicable to your use of the Services and payments made by you to WeFund. Other amounts, and the terms for payment of those amounts, will be described on specific application pages as you progress through your application (and from time to time thereafter).

Section 8. Intellectual Property.

You acknowledge and agree that We, and our licensors, retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks, and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.

If you believe that any User Contributions violate your copyright, please email info@wefundcapitalnow.com for instructions on sending Us a notice of copyright infringement. It is the policy of WeFund to terminate the user accounts of repeat infringers.

Section 9. Warranty Disclaimer.

THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WeFund EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICE INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WeFund MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO,OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT, OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

Section 10. Limits on Damages; Release; Indemnification.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WeFund, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH WeFund OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WeFund HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

You agree to defend, indemnify, and hold harmless WeFund, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Section 11. Modifications.

WeFund may revise and update these Terms of Use at any time. Your continued usage of the Website after any changes to these Terms of Use will mean you accept those changes. Any aspect of the Website may be changed, supplemented, deleted, or updated without notice at the sole discretion of WeFund.

Section 12. General Terms.

These Terms of Use shall be governed by and construed in accordance with the laws of the state of New York, without regard to conflicts of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms of Use shall be in an appropriate state or federal court located in the County of Richmond, State of New York and the parties unconditionally waive their respective rights to a jury trial. Any cause of action you may have with respect to your use of this Website must be commenced within one (1) year after the claim or cause of action arises. Any failure on the part of WeFund to enforce any provision of these Terms of Use will not be considered a waiver of our right to enforce such provision. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect. Except for the Website Privacy Policy, these Terms of Use constitutes the entire agreement between WeFund and you with respect to this site and it supersedes all prior or contemporaneous communications, agreements and understandings between WeFund and you with respect to the subject matter of this Agreement.

WeFund may assign or delegate these Terms of Service and/or WeFund’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without WeFund’s prior written consent, and any unauthorized assignment and delegation by you is void.