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Legal Agreement

Terms of Service

Last Updated: January 20, 2025

Introduction

Welcome to fundsnew.com ("we," "us," "our," or "Site"). By using this Site and Service, you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these Terms, please don't use our Site or Service.

These Terms are a binding agreement between you and us. They explain your rights and responsibilities when you use our Site and Service, along with key disclaimers and limitations of liability.

Modification of Terms

We can change these Terms, including any related Disclosures and policies, at any time. We will notify you of any changes by posting the revised document on the Site, or by other reasonable means. If you continue to use the Site or our Service after we make changes, you accept the updated Terms. Check the "Last Updated" date at the top of each document to see when the Terms were last changed.

PLEASE READ THIS SECTION CAREFULLY

THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER. THESE PROVISIONS REQUIRE YOU TO ARBITRATE ANY DISPUTES OR CLAIMS YOU HAVE WITH US ON AN INDIVIDUAL BASIS. YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR MULTI-ARBITRATION. YOU HAVE THE RIGHT TO OPT OUT OF THIS REQUIREMENT.

Eligibility

Our Service is only for U.S. residents of legal age. By accessing this Site and using our Service, you confirm that:

  • You are at least 18 years old, reside in the U.S. and possess the legal capacity to enter into this Agreement.
  • You are acting on your own behalf.
  • You agree to use our Service solely for personal, non-commercial purposes.

Our Service Description

Our platform facilitates connections between users seeking loans ("Users") and potential lenders, lender networks ("Lending Partners") or third-party financial service providers ("Service Providers"). Our platform offers an online application process where Users can submit their personal and financial information to be considered for loan offers ("Service").

Compensation and Transparency

Our Service is free of charge to you. However, we receive financial compensation from Lending Partners, Service Providers, and other marketers in exchange for connecting you with them, sharing your information with them, and/or marketing their products and services to you.

This compensation allows us to offer our Services at no cost to you and supports our business operations. Please note that the compensation we receive may influence which lenders or services you are connected with, and the visibility of ads.

You are more likely to be connected with the highest bidder(s) or see ads for those who offer the highest compensation.

By using Service, you confirm that you have read, understood, and agreed to our Marketing Practices Disclosure and Privacy Policy and acknowledge that they are fair and reasonable.

How Service Works

To use our Service, you must complete a questionnaire about certain personal and financial details on our Site ("Request Form"). You agree to provide only true, accurate, and complete information and that you will not misrepresent your identity, impersonate any third party, or enter information on behalf of any third party.

Once you submit your request form(s), we will share your information with one or more Lending Partners. Lending Partners may review your information to assess whether to respond to your Loan Request by inviting you to apply for a Loan.

If a lender expresses interest in your request, we will connect you with such a lender by either opening a new web page or redirecting you to the lender's site. At this point our involvement in the loan request ends and your interactions with the lender are governed solely by agreements, terms, policies by such lender.

If no lenders are found for your request, we may present you with marketing for personal finance related products and services ("Financial Services") offered by third-party service providers. You are under no obligation to accept or respond to any loan offers or Financial Services solicitations.

Service Disclaimer

Not a Lender:

  • We are not a lender, creditor, financial institution, nor are we a representative, broker, or agent of any such entity.
  • We do not make credit prequalifications, decisions, or provide loans.
  • We neither offer nor solicit to lend.
  • Our Site operates as an independent platform, with the primary purpose of connecting you to lenders who may offer loans.

Important Note:

  • Lenders participating in our program offer loans ranging from $200 to $5,000, but not all lenders offer the maximum amount.
  • We cannot guarantee that any lender will offer you a loan or approve your request.
  • We do not make any representations or guarantees about the terms of loans offered by lenders.
  • We do not validate or investigate the licensing, certification or other requirements and qualifications of any lenders.

Service Availability:

  • Our service is not available in all states.
  • Not all lenders within our network operate in all US states.
  • By selecting your state you shall be informed of any limitations regarding obtaining a loan.

You Are Responsible for Your Decisions

Remember that your financial decisions are your responsibility. While we offer a platform for finding you a loan option, we don't take responsibility for the choices or actions you make based on the information we provide.

Key Points to Consider:

  • Carefully examine all terms and conditions of any loan or financial service offer.
  • Compare multiple options before making a decision.
  • Consult qualified financial advisors for personalized advice.

Your Credit Report Check

To assess your eligibility for a loan, lenders may review your credit report from one or more credit reporting agencies (such as TransUnion, Experian, or Equifax).

Additionally, to offer relevant financial services like debt relief programs, credit monitoring, or credit repair, we or our Service Providers may need to access certain details from your credit report, such as your credit score or total debt amount.

Electronic Consent ("E-Consent")

We and our Lending Partners require your consent to conduct transactions electronically, including using electronic signatures and receiving electronic communications, to facilitate your online loan request and enable the provision of an online loan.

By providing your information and submitting a request to be connected with Lenders via our Service you consent to conduct transactions and sign electronic contract documents, including this Agreement, using electronic signatures, as well as receive disclosures, records and other communications electronically in accordance with our E-Consent Terms and Conditions.

Consent for Communications

By providing your information and requesting our services, you establish a business relationship with us. This allows us to contact you about our Service for up to 180 days from your last information input or service request, without needing additional consent.

Opt-Out

You have the right to withdraw your consent to receive marketing communications at any time, without impacting your ability to connect with a lender or obtain a loan or other advertised services. To stop receiving marketing communications, simply click the unsubscribe link or follow the instructions provided in the marketing communications.

Prohibited Uses

You acknowledge and agree to avoid the following activities, which are expressly prohibited:

  • Providing false or misleading information, including impersonating another individual.
  • Submitting loan applications on behalf of another individual.
  • Attempting to circumvent security measures or unauthorized access to accounts.
  • Copying or stealing proprietary materials, including designs, media, graphics, code.
  • Utilizing computer programs to collect information from our site.
  • Interfering with site functionality or disrupting other users.
  • Utilizing our Site for unsolicited email communications.
  • Attempting to modify, reverse-engineer, decompile, or disassemble any source code.

Engaging in any of these activities may result in suspension of Site and Service access, account termination, and potential legal action.

Third-Party Websites

Our platform may contain links to external websites, including those of Lending Partners and Service Providers. Your use of any external websites linked from our platform is entirely at your own risk. We do not endorse, control, monitor, or assume any responsibility for the content, practices, or services offered by these third-party websites.

You are solely responsible for evaluating and verifying the credibility, legitimacy, and suitability of any third-party websites and their offerings before engaging with them. Please be aware that these third-party websites have their own terms of use, privacy policies, and fee structures.

Intellectual Property

All content on this Site, including text, images, graphics, logos, and software, is solely owned by us and/or our licensors. Your use of the Site does not grant you ownership rights or licenses to any content, trademarks, or other intellectual property displayed on the Site. We grant you a non-exclusive, limited right to use the Site solely for the purpose of accessing the Services and exercising the rights provided to you under this Agreement.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND ANY SERVICES ON THE SITE IS AT YOUR OWN RISK. WE PROVIDE THE SITE AND THE SITE SERVICES ON AN "AS IS" BASIS.

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT THE SITE OR OUR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.

WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OUR SERVICES OR ANY PRODUCTS OR SERVICES YOU FIND THROUGH OUR SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE, NEGLIGENCE, OR OTHERWISE.

This includes, but is not limited to, any disputes, decisions, agreements, or outcomes arising from your interactions or relationships with any lender or third party connected to you through our Site or Services.

OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES SHALL NOT EXCEED $100.00.

Indemnification

You agree to defend, indemnify, and hold us harmless (along with our officers, directors, employees, agents, affiliates, representatives, sub-licensees, successors, and assigns) from and against any and all claims, actions, demands, causes of action, liabilities, damages, costs, or expenses arising out of or relating to: (a) your breach of this Agreement; (b) Your use of the Site or Services in violation of this Agreement; (c) Disputes resulting from your interactions with any lender or third party; (d) Your violation of any laws or regulations; (e) Any claim that content you provide infringes a third party's intellectual property rights.

Governing Law

The site, Services, and this Agreement shall be treated as though this Agreement were executed and performed in Las Vegas, Nevada and shall be governed by and construed in accordance with the substantive laws of the State of Nevada without regard to its conflict of law principles. ANY CAUSE OF ACTION OR CLAIM BY YOU ARISING OUT OF OR RELATING TO THE SITE, SERVICES OR THIS AGREEMENT MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED.

Mandatory Agreement to Arbitrate

PLEASE READ THIS SECTION CAREFULLY – THIS ARBITRATION AGREEMENT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR FINAL BINDING ARBITRATION AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN A CLASS ACTION.

You and we each agree to resolve any and all disputes or claims through negotiations and in good faith. If we don't resolve the Dispute within 60 days you and we each agree to resolve it exclusively through final and binding arbitration.

Key points:

  • Disputes will be submitted to a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association (AAA).
  • The Federal Arbitration Act governs the interpretation and enforcement of this Agreement.
  • Each party may bring a Dispute only on their own behalf, not as a class action.
  • This Agreement to Arbitrate will survive the termination of your relationship with us.

Opt-Out Option:

You may opt out of this Agreement to Arbitrate by notifying us in writing within 30 days of the date that you first became subject to this arbitration provision. Notice must be provided by email to [email protected] with the subject line "Arbitration Opt-Out."

Miscellaneous

This Agreement together with all Disclosures, E-Consent and Credit Authorization and any consent, acknowledgement, confirmation, authorization given on our Site constitutes the entire agreement between you and us concerning your use of the Site and Services. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. You and we are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement.

Contact Us

Any questions, requests, notices must be sent via email at:

[email protected]