Terms of Use

Eligibility to Use the Site

This Site is not intended or authorized for use by anyone who is under the age of majority in the relevant jurisdiction(s) or does not have sufficient legal capacity to enter into these Terms of Use. By accessing or otherwise using this Site in any manner, you represent that you are at least the age of majority in the jurisdiction in which you live and have sufficient legal capacity to enter into these Terms of Use.

Intellectual Property

All right, title and interest in and to this Site, its content, features, and functionalities, any materials downloaded from the Site, 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) (collectively, the “Content”) are and shall remain owned by Fundwell, its licensors, or other providers of such material. All Content may be protected by trade dress, copyright, patent and trademark laws, and other intellectual property rights and unfair competition laws, and you shall not acquire any ownership rights in or to any Content. These Terms of Use permit you to use the Site only for your own personal, non-commercial use, solely for the purposes of (i) evaluating the possibility of entering into, and applying for and entering into, a business relationship with Fundwell and (ii) accessing and viewing the details of your account with Fundwell (if applicable). You agree that you will not reproduce, duplicate, publish/republish, modify, download, store, transmit, create derivative works from, participate in the transfer of, display publicly, or in any other way distribute or exploit the Site, or any portion or Content of the Site for any public or commercial use without the express written consent of Fundwell. Additionally, you agree that you will not (a) remove or alter any author, copyright, trademark or other proprietary notice or legend displayed on the Site (or Content from the Site); and (b) make any other modifications to any documents obtained from the Site other than in connection with completing information required to transact business with Fundwell.

No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Fundwell. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and we shall have the right to immediately terminate your access to and use of the Site.

Prohibited Uses

As a condition of your use of this Site, you agree that you will not, and you will not take any action intended to, or that does: (i) access data that is not intended for you; (ii) invade the privacy of, obtain the identity of, or obtain any personal information about any Fundwell customer or user of this Site; (iii) probe, scan or test the vulnerability of this Site or the Fundwell network or breach security or authentication measures without proper authorization; (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;” (v) send unsolicited mail, including promotions and/or advertising of products and services; (vi) violate any applicable federal, state, local or international law or regulation; (vii) impersonate or attempt to impersonate Fundwell, Fundwell’s employee, another customer or user, or any other person or entity; or (viii) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by Fundwell, may harm Fundwell or users of the Site, or expose them to liability. Violations of system or network security may result in civil or criminal liability.

Privacy

The Fundwell Privacy Policy also applies to use of this Site. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to or submit through the Site may be read or intercepted by others, notwithstanding Fundwell efforts to protect such transmissions.

Disclaimers

FUNDWELL 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. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. FUNDWELL CANNOT ENSURE THAT ANY FILES, DOCUMENTS OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. TO THE FULLEST EXTENT PROVIDED BY LAW, FUNDWELL WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICE OR ITEMS OBTAINED THROUGH THE WEBISTE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ANY WEBSITE LINKED TO IT. TO THE FULLEST EXTENT PROVIDED BY LAW, FUNDWELL DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FUNDWELL DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST FUNDWELL FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

YOU ARE SOLELY RESPONSIBLE FOR ALL ACTIVITY USING YOUR USER ACCOUNT ON THE SITE, AND SHALL ENSURE THAT YOUR LOGIN CREDENTIALS ARE KEPT CONFIDENTIAL AND NOT SHARED WITH ANY THIRD PARTY.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW (IN WHICH CASE THIS PARAGRAPH SHALL BE DEEMED REVISED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW), NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, (I) FUNDWELL AND ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “FUNDWELL PARTIES”), SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (II) THE MAXIMUM AGGREGATE LIABILITY OF THE FUNDWELL PARTIES (COLLECTIVELY) FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS SITE, OR ITS CONTENT, WHETHER IN CONTRACT, TORT OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT YOU PAID TO ACCESS THIS SITE.

Indemnity

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

Linking

This Site may contain links to sites maintained by third parties (“External Sites”). Fundwell has no control over the contents of External Sites and is not responsible for the content or privacy policies of External Sites, and the existence of such links should not be considered an endorsement or recommendation of External Sites or of any product or service offered on External Sites or of any party that is associated with External Sites. Fundwell is also not responsible for any loss or damage that may arise from your use of External Sites. If you decide to access any of the External Sites linked on this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such External Sites.

Minors

The use of this website is not intended for anyone under the age of 18 years, so if you are under the age of 18 years, please do not complete the online application or otherwise provide any personal information. Any information that we collect that we know is about a child will be deleted. If you are a parent or guardian who becomes aware that a child has provided us with information, please let us know immediately so that we can delete the information. You may contact us at: compliance@fundwell.com.

Law and Venue

All matters relating to the Site and these Terms of Use, and any dispute or claim arising therefrom or related thereto shall be governed by the laws of the United States and the State of Illinois without regard to its conflicts of law provisions. Subject to Section 16, you agree to the exclusive personal jurisdiction of, and venue in the state and federal courts in, Cook County, Illinois, and agree and consent that such courts are the exclusive forum for litigation of any claim or cause of action arising out of or relating to your use of this Site or the Content. You waive any objections to jurisdiction or venue. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to your use of this Site or the Content must be filed within one year after such claim or cause of action arose or be forever barred.

Availability of Services

You will need a working connection to the Internet via a web browser on your computer. You are responsible for all costs, expenses and fees related to your access to the Site. From time to time, due to the performance of maintenance, malfunctions or failures of software, equipment, or telecommunications devices, unusual transaction volume or similar reasons the Site may not be available for your use. You agree that we shall not be responsible for any loss, damages, costs or expenses which you may suffer or incur, directly or indirectly, as a result of the unavailability of the Site, regardless of whether it could be shown that we could have prevented or reduced the duration of such unavailability by taking any action within our reasonable control. We shall also not be responsible for any loss, damages, costs or expenses which you may suffer or incur, directly or indirectly, as a result of your inability to access the Site caused directly or indirectly, in whole or in part, by your computer or mobile device, your inability to establish a connection to the Internet, your Internet Service Provider (“ISP”) or capacity or other limitations or constraints of the Internet. The Site is not intended for use by persons in any jurisdiction or country where such use would be contrary to applicable laws or regulations. We may restrict the Site during times you are in a country for which use of the Site would be prohibited. You can always contact us at info@fundwell.com or call us at +1-800-613-0257 regarding technical issues with this site.

Method of Communication

You agree to maintain or update the e-mail address that you provide to us if you would like us to communicate with you electronically. E-mail is not secure and you understand that there are risks associated with communicating via e-mail, including the possibility of unauthorized access, failure to receive e-mails because they have been misdirected or sent to a spam folder, and your inability to access e-mail due to power outages, hardware or software malfunctions or failures of your computer or mobile device, or matters affecting the Internet or your access to the Internet. Do not rely on e-mail if you need to contact us immediately. For security reasons, we may not be able to respond to certain e-mail requests.

Text/SMS Messaging Program Terms and Conditions

When you provide us your phone number, submit an Application on our Site and accept our Terms of Application, you acknowledge and agree that you are opting in to Fundwell’s text/SMS messaging program, to receive informational and marketing text/SMS messages from Fundwell, Inc., Fundwell, or Fundwell’s third-party service providers (collectively for purposes of these Terms and Conditions, “Fundwell”) and any text/SMS messages between you and Fundwell shall be subject to the terms and conditions set forth below. You may also opt-in to our text/SMS messaging program by providing us your phone number and consenting to receiving informational and marketing text/SMS messages via the telephone.

Message & Data rates may apply. Message frequency may vary. Reply HELP for more information. Reply STOP to opt out of further messaging.

By opting in:

• You agree that Fundwell may send recurring text messages to the mobile phone number associated with your opt-in (i.e., the number from which you opt-in to Fundwell’s text/SMS messaging program).
• You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that phone number on a family or business plan and that you are authorized to opt in. You must immediately notify Fundwell at by emailing compliance@fundwell.com or by calling us at +1-800-613-0257 if your phone number is changed or deactivated, and you agree to indemnify Fundwell and any third parties texting on our behalf in full for all claims, expenses, and damages related to or caused, in whole or in part, by your failure to immediately notify us if you change or deactivate your phone number.
• You understand that the frequency of our text/SMS messages and maximum number of messages per month may vary. Our communications may include information about any current or future applications, accounts, products or services that you have with or through Fundwell or any applications, accounts, products or services that we think may be of interest to you. Message and data rates may apply for each text/SMS message sent or received in connection with our program. Please consult with your phone carrier to determine your phone’s pricing plan and the charges your carrier may charge for sending and/or receiving text/SMS messages.
• You may opt out of our text/SMS messaging program at any time. To opt out, reply “STOP” to any Fundwell text/SMS message you receive, and you will receive a text message confirming that you have been unsubscribed. You may also opt-out by contacting us at compliance@fundwell.com with “Opt-Out” in the subject line or at the following mailing address:

Attn: Compliance Dept, Opt-Out

450 N Park Rd, Suite #610

Hollywood, FL 33021.

For help, text reply “HELP” to any Fundwell text/SMS message you receive. You may also contact Fundwell at +1-800-613-0257 or compliance@fundwell.com for assistance or if you have any questions about our text/SMS messaging program. Message & Data rates may apply. Message frequency may vary. Reply HELP for more information. Reply STOP to opt out of further messaging.

• Data obtained from you in connection with Fundwell’s text/SMS messaging program may include your mobile phone number, your carrier’s name, and the date, time and content of your messages and any other information you provide to Fundwell as part of the program. We may use such data to provide you our products or services that you request or to market to you product or services that we think may be of interest to you or otherwise communicate with you. Such data, including your mobile number or text message originator opt-in data and consent, will not be shared with third parties for their marketing or promotional purposes, except where there is a legal requirement to do so or with your consent. For more information about our data collection and use or privacy practices, please review Fundwell’s Privacy Policy here: http://www.fundwell.com/legal/privacy-policy.
• Fundwell may suspend or terminate your participation in our text/SMS messaging program if we believe you are in breach of these terms and conditions at any time with or without prior notice to you. Your participation in our program is also subject to termination in the event that your carrier service terminates or lapses. Fundwell reserves the right to modify or discontinue, temporarily or permanently, all or any part of our text/SMS messaging program, with or without notice.
• Our text/SMS messaging program may not be available on all phone carriers. Participating carriers of our text/SMS messaging program include major US carriers, including AT&T, T-Mobile®, Verizon Wireless, Sprint, Boost, U.S. Cellular, Google Voice, Cellular One, MetroPCS, Cellcom, Cellular South, Carolina West Wireless, Interop, ClearSky, nTelos, and Virgin Mobile. Fundwell reserves the right to add or remove any phone carrier from our program at any time with or without notice. Fundwell and our participating carriers do not guarantee continuous, uninterrupted, or secure text/SMS message services and will not be liable for any delayed or undelivered text/SMS messages.

Fundwell reserves the right to change or amend these Text/SMS Messaging Program Terms and Conditions at any time and your continued consent to receive text/SMS messages from Fundwell constitutes your agreement to all such changes. You should review these Terms and Conditions regularly to ensure that you are aware of future changes.

Liability for Unauthorized Activity

If you believe that your information submitted through the Site has been used without your permission, you must tell us immediately by contacting us at compliance@fundwell.com or call us at +1-800-613-0257 If you fail to notify us, you may be liable for all unauthorized activity.

Termination of Services; Monitoring and Enforcement

We may at any time, with or without cause, and without prior notice to you deny, suspend, or terminate your access to all or part of the Site. In the event we terminate access to the Site, any applications you have submitted will continue to be evaluated. You may terminate your use of the Site and these Terms of Use by ceasing to access the Site.

We have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.

Mandatory Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

1. Applicability. You and Fundwell agree that these Terms of Use affect interstate commerce and that the Federal Arbitration Act (FAA), 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of the provisions of this Section 16. This Section 16 constitutes an arbitration agreement, is intended to be interpreted broadly and applies to any and all disputes between us, including but not limited to: (i) claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) claims that arose before these Terms of Use or any prior agreement (including, but not limited to, claims related to advertising); and (iii) claims that may arise after the termination of these Terms of Use. The only exceptions to this are certain intellectual property claims and small claims court matters, as detailed in Section 16 below.
2. Initial Dispute Resolution. Most disputes can be resolved without resort to arbitration. If you have a dispute with us, you agree to first contact us at compliance@fundwell.com and provide: (i) a brief written description of the dispute; and (ii) your contact information. Except for intellectual property and small claims court claims, both parties agree to use good faith efforts to resolve any dispute informally for at least 30 days before initiating a lawsuit or arbitration.
3. Mandatory Binding Arbitration. If the parties do not resolve the dispute within 30 days, either party may initiate binding arbitration as the sole means to resolve claims, except as provided in Section 8 below. Specifically, all claims arising out of or relating to these Terms of Use, including their formation, performance, and breach, shall be finally settled by binding arbitration administered by JAMS, following: (i) the JAMS Streamlined Arbitration Rules for claims that do not exceed $250,000; and (ii) the JAMS Comprehensive Arbitration Rules for claims exceeding $250,000, excluding any rules or procedures permitting class actions. The arbitration shall be conducted by a single, neutral arbitrator appointed by JAMS.
4. Exceptions. Intellectual Property and Small Claims Court. Notwithstanding the parties’ decision to resolve all disputes through arbitration, (i) either party may bring enforcement actions, validity determinations, or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights), and (ii) either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
5. 30-Day Right to Opt-Out. You may opt out of this arbitration agreement by sending written notice to compliance@fundwell.com with the subject line: “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” Your opt-out request must be received within 30 days of: (i) the first date on which you agreed to these Terms of Use; or (2) your first use of the Site after this Section 16 was implemented, whichever is later. If you opt out, Fundwell will also not be bound by this Section 16.
6. Seat and Location of Arbitration. The seat of arbitration shall be the State of New York. The arbitration shall take place physically in the county where you reside at the time of filing, unless: (1) both parties agree to a different location; or (2) the parties agree to conduct the arbitration remotely via telephone or video conference. If you are located outside the United States, arbitration shall be conducted in Cook County, Illinois, unless otherwise agreed.
7. Arbitrator’s Powers. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to: (i) These Terms of Use or the subject matter hereof, including, without limitation, the interpretation, applicability, enforceability, or formation of these Terms of Use, such as whether any provision is void or voidable; (ii) whether a claim is subject to arbitration; and (iii)whether either party has waived arbitration rights through prior litigation conduct. The arbitrator may award any relief available in court under applicable law or equity. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator’s decision shall be final and binding and may be enforced in any court with jurisdiction.
8. Class Action Waiver. YOU AND FUNDWELL AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. If a court or arbitrator determines that this class action waiver is unenforceable or that an arbitration can proceed on a class basis, then the entire Section 16 shall be deemed null and void, and both parties shall be deemed to have not agreed to arbitrate disputes.
9. Filing a Demand for Arbitration. To initiate arbitration, you must: (i) write a Demand for Arbitration, including a description of your claim and the amount of damages sought (a template is available at www.jamsadr.com); (ii) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, 71 S. Wacker Drive, Suite 2400, Chicago, IL 60606; and (iii) send one copy of the Demand for Arbitration to us at: ATTN: Compliance, Fundwell, 450 N Park Rd, Ste #610, Hollywood, FL 33021.
10. Changes to this Arbitration Agreement. Fundwell reserves the right to amend this Section 16, but: (i) we will provide 30 days’ notice by posting changes on the Site; and (ii) amendments will only apply prospectively to claims arising after the effective date of the change. If a court or arbitrator determines that this modification clause is unenforceable, then this clause and the changes to this Section 16 shall be severed, and the previous version of Section 16 that applied to you will continue to apply.
11. Survival of Arbitration Agreement. This Mandatory Arbitration and Class Action Waiver provision shall survive: (1) any termination of these Terms; (2) the cessation of your use of the Website; and (3) any bankruptcy or corporate restructuring of Fundwell.

Miscellaneous

Any failure by Fundwell to exercise any rights or enforce any of these Terms of Use shall not constitute a waiver of such rights or terms. If any provision of these Terms of Use or their application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of these Terms of Use, or the application of such provision in other circumstances, shall not be affected thereby, and each provision hereof shall be valid and enforced to the fullest extent permitted by law. The headings in these Terms of Use are intended only to help with the organization of these Terms of Use. These Terms of Use constitute the sole and entire agreement between you and Fundwell with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Fundwell with respect to such use are hereby superseded. Fundwell will not accept any counter-offers to these Terms of Use, and all such offers are hereby rejected. This Site and its Content are directed to persons residing in the United States. You may not use or export or re-export any portion of this Site or its Content in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

Copyright © 2026 Fundwell, Inc. All rights reserved.