Ownership

These Terms and Conditions of Use ("Terms of Use") apply to the World Wide Web site owned, operated, licensed, and controlled by Shopfunder LLC, including its related, affiliated, or subsidiary companies (together, "Shopfunder") located at www.Shopfunder.com, and all associated Shopfunder sites linked to this Web site (collectively, the "Site"). This Site is the property of Shopfunder. Please read this Terms of Use carefully. By accessing, browsing, borrowing or otherwise using this Site, you agree to these Terms of Use; if you do not agree, do not use this Site.

Shopfunder reserves the right at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. You should check this Terms of Use every time you access the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

Intellectual Property

The material provided on this Site, including the content, any materials downloaded, and all intellectual property pertaining to or contained on the Site (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks and service marks) are owned by Shopfunder or third parties and all right, title and interest therein shall remain the property of Shopfunder and/or such third parties (collectively, the "Content"). All Content is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

You are authorized solely to view and retain a copy of the pages of the Site for your own personal, non-commercial use. You may also view and make copies of relevant documents, agreements, your account pages, images or other materials on this Site solely for the purpose of transacting business with Shopfunder. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Site, or any portion of the Site for any public or commercial use without the express written consent of Shopfunder. Additionally, you agree that you will not (i) remove or alter any author, trademark or other proprietary notice or legend displayed on the Site (or printed pages produced from the Site); and (ii) make any other modifications to any documents obtained from the Site other than in connection with completing information required to transact business with Shopfunder. Logos, trademarks, images, etc. are the property of Shopfunder unless otherwise noted and may not be copied, used, linked, disseminated, etc. without Shopfunder's prior written consent. Requests for consent should be directed to support@shopfunder.com.

As long as you comply with these Terms of Use, Shopfunder grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Site Security

As a condition of your use of this Site, you agree that you will not, and you will not take any action intended to: (i) non personal or commercial use of any automatic device, (ii) access data that is not intended for you, (ii) invade the privacy of, obtain the identity of, or obtain any personal information about any Shopfunder customer or user of this Site; (iii) probe, scan or test the vulnerability of this Site or the Shopfunder network or breach security or authentication measures; (iv) attempt to interfere with service to any user, host or network or otherwise attempt to disrupt our business, including, without limitation, via means of submitting a virus to this Site, overloading, "flooding," "spamming," "mail bombing" or "crashing;" or (v) send unsolicited mail, including promotions and/or advertising of products and services. Any such action shall immediately terminate the license granted by Shopfunder and may result in civil or criminal liability.

Shopfunder does not review or control third-party sites that link to or from the Site, and is not responsible for the contents of any third-party sites linked to or from the Site.

Minors

This Site is not directed at children under the age of eighteen (18) even if such minors work for any of the participated Employers and Shopfunder does not knowingly offer any loans or other products or services to minors or collect personal information from any child under the age of eighteen (18) at this Site.

Disclaimer

Shopfunder does not promise that the site or any content, document or feature of the site will be error-free or uninterrupted, or that any defects will be corrected or that your use of the site will provide specific results. The material in this site could include technical inaccuracies or typographical errors. Shopfunder cannot ensure that any files, documents or other data you download from the site will be free of viruses or contamination or destructive features. Shopfunder disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose.

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall Shopfunder be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if Shopfunder or its authorized representative has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not be applicable to all users.

Law and Jurisdiction

Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the state of New York without regard to conflict of law rules. You consent to the exclusive jurisdiction of the federal and state courts located in New York County, New York to hear any such claims.

Privacy

Please review our Privacy Policy which also governs your visit to this Site.

Account and Password

You are responsible for maintaining the confidentiality of your account and password and you agree to accept responsibility for all activities that occur under your account or password. Shopfunder reserves the right to refuse service, terminate loan accounts, or cancel user access in its sole discretion.

Consent to Electronic Communications

By using this site you consent to receive electronic documents and disclosures from us. You can withdraw your consent or request paper copies of any documents received electronically at any time. Your consent applies to any interaction on this site and loan transactions entered with Shopfunder and extends to our business partners who assist with facilitating your loan. Your consent will allow Shopfunder to provide any disclosure, notice, record or other type of information electronically. You need a valid email address and internet connection to receive electronic documents and disclosures from us. Your browser must support Secure Sockets Layer protocol to send and receive data over the internet. You also will need either a printer connected to your computer to print disclosures/notices or sufficient hard drive space available to save the information. You may request paper or non-electronic copies of documents or disclosures by calling us at 212-287-5263 or email support@shopfunder.com. You must update your email address by logging in to your customer profile on Shopfunder.com and making the necessary adjustments. Electronic documents and disclosures have the same legal effect as paper or non-electronic documents or disclosures and your electronic signature will have the same effect as your written signature. If Shopfunder amend, add to, delete or change the terms of the Consumer Consent to Electronic disclosures and documents we will provide you with advance notice. We may rely on and enforce the terms of this document in electronic form or as a paper version of the electronic form.

Communicating with You

You agree that you are providing express consent for Shopfunder to communicate with you in any way to service your account and/or to collect debt that you owe to us or our partners through any communications channel, including any email, telephone, SMS messages (including text messages), via; (1) a mobile or landline number provided to us, (2) any email address provided to us, or (3) calls delivered using automated dialer systems and/or automatic telephone dialing systems (auto-dialer). You further understand and agree that Shopfunder may monitor and/or record telephone conversations that you or someone acting on your behalf has with Shopfunder or its agents for training and monitoring purposes.

Indemnity

By using the Site, you agree to defend, indemnify, and hold harmless Shopfunder from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that Shopfunder may become obligated to pay arising or resulting from your use of this Site, the Content, or your breach of these Terms of Use. Shopfunder reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

Communications to Shopfunder

Shopfunder shall strive to preserve the confidentiality of all personal information transmitted to the Site in connection with the execution of funding agreements and the repayment thereof. Any other communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary.

Disagreement with These Terms and Conditions

If you disagree with any of the terms and conditions of this Site, please do not access, browse or otherwise use this Site.