Terms & Conditions

Please read the following terms and conditions (“Terms”) carefully. By using this website (“Website”), you acknowledge that you have read the Terms and that you accept and will be bound by the Terms, which may be modified by FundThrough Inc., FundThrough USA Inc., or any of their respective subsidiaries or affiliates (collectively, “FundThrough”, “us”, “our”, “we”) from time to time and re-posted on this Website. FundThrough shall have the right at any time to update, amend, change, or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability, and equipment needed for access or use. All such modifications and changes to the Terms are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the Terms in order to be aware of any such modifications and your continued use of the Website shall be your acceptance of these Terms. The Content on this Website may be changed, withdrawn, or terminated at any time in FundThrough’s sole discretion without notice. FundThrough will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period. If you do not agree to the Terms, you shall immediately cease using the Website. BY CLICKING TO AGREE WITH THESE TERMS OR BY USING THE WEBSITE IN ANY WAY, YOU: (A) REPRESENT AND WARRANT THAT (I) YOU HAVE REACHED THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION, (II) YOU HAVE THE CAPACITY TO ENTER INTO BINDING OBLIGATIONS, AND (III) ALL INFORMATION SUPPLIED BY YOU TO US THROUGH THE WEBSITE IS TRUE, ACCURATE, CURRENT, AND COMPLETE; (B) YOU AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS, AS UPDATED FROM TIME TO TIME; AND (C) YOU HAVE OBTAINED AND WILL MAINTAIN ALL NECESSARY CONSENTS, AUTHORIZATIONS, AND APPROVALS: (I) FROM ANY PERSONS OR ENTITIES THAT MAY BE REQUIRED BY YOUR ACCESS TO AND USE OF THE WEBSITE INCLUDING, SHARING, UPLOADING, POSTING, SUBMITTING OR OTHERWISE MAKING AVAILABLE ANY CONTENT. IF YOU DO NOT AGREE TO THESE TERMS OF USE YOU MUST NOT ACCESS OR USE THE WEBSITE. IF YOU ARE USING THE WEBSITE ON BEHALF OF ANOTHER PERSON OR A CORPORATE ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TERMS. 1. License You understand and agree that the Website and its entire contents, information, data, features, and functionality, including its “look and feel” (including text, graphics, images, logos, and button icons), notices, software (including HTML or XML-based computer programs) and all other materials contained on or provided through the Website (collectively, the “Content”), are owned by FundThrough or its licensors and are protected in all forms by intellectual property laws, including trademark, copyright, trade secret, and other laws and proprietary rights. The Content belongs or are licensed to FundThrough. We hereby grant you a non-exclusive, non-transferable, non-sublicensable limited license for the sole purpose of viewing and using our Website subject to these Terms. You may download or print a copy of information provided in or on the Website for internal use or distribution only. Notwithstanding the foregoing, you are not permitted to modify copies of any Content nor delete or alter any copyright, trademark, or other proprietary rights notices in any copies of Content from this Website. Permission to reprint or electronically reproduce any Content in whole or in part for any other purpose is expressly prohibited unless prior written consent is obtained from us. 2. Disclaimer of Warranties YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK.  YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT, UNLESS OTHERWISE EXPRESSLY SET OUT IN THESE TERMS, THE WEBSITE AND ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED IN THESE TERMS OR AS OTHERWISE REQUIRED BY LAW. WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE WEBSITE AND SERVICES WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY, DURABILITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, CURRENCY, TIMELINESS, INTEGRATION, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT, AND/OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, AND/OR THAT THE WEBSITE AND SERVICES ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THIRD-PARTY COMMUNICATIONS AND ANY THIRD-PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH THE WEBSITE. DESCRIPTIONS OF OR REFERENCES TO PRODUCTS, SERVICES, OR PUBLICATIONS WITHIN THE WEBSITE DO NOT IMPLY FUNDTHROUGH’S ENDORSEMENT OF SUCH PRODUCTS, SERVICES, OR PUBLICATIONS. IN THE EVENT THAT THERE IS AN INTERRUPTION OR DISRUPTION TO THE WEBSITE OR ANY SERVICES OR OUR PROVISION THEREOF FOR WHATEVER REASON, EVEN IF WE HAVE BEEN MADE AWARE OF AN ISSUE THAT COULD RESULT IN OR IS LIKELY TO RESULT IN AN INTERRUPTION OR DISRUPTION OF THE WEBSITE OR THE SERVICES OR PROVISION THEREOF, WE WILL NOT BE REQUIRED TO ISSUE ANY COMPENSATION TO YOU. AS SOON AS WE HAVE IDENTIFIED THE CAUSE OF AN INTERRUPTION OR DISRUPTION, WE WILL USE REASONABLE EFFORTS TO PROVIDE ACCESS TO THE WEBSITE AND SERVICES AS SOON AS REASONABLY POSSIBLE. IN NO EVENT WILL FUNDTHROUGH OR ANY PERSON OR ENTITY INVOLVED IN CREATING OR PRODUCING THE WEBSITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA OR LOSS OF USE ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF FUNDTHROUGH IS ADVISED OR MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. BY USING THE WEBSITE, YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE WEBSITE. 3. Indemnification by You YOU HEREBY AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS FUNDTHROUGH AND THEIR THIRD-PARTY LICENSORS AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS AND THEIR SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL DAMAGES, FINES, PENALTIES, DEFICIENCIES, LOSSES, LIABILITIES (INCLUDING SETTLEMENTS AND JUDGMENTS), COSTS, AND EXPENSES (INCLUDING INTEREST, COURT COSTS, REASONABLE FEES AND EXPENSES OF LAWYERS, ACCOUNTANTS, AND OTHER EXPERTS AND PROFESSIONALS, OR OTHER REASONABLE FEES AND EXPENSES OF LITIGATION OR OTHER PROCEEDINGS OR OF ANY CLAIM, DEFAULT, OR ASSESSMENT) ARISING FROM ANY ACTUAL, THREATENED, OR POTENTIAL CIVIL, CRIMINAL, ADMINISTRATIVE, REGULATORY, ARBITRAL OR INVESTIGATIVE DEMAND, ALLEGATION, ACTION, SUIT, INVESTIGATION OR PROCEEDING, OR ANY OTHER CLAIM OR DEMAND RELATED TO: (i) USER CONTENT; (ii) YOUR OBLIGATIONS, REPRESENTATIONS, AND WARRANTIES OR COVENANTS UNDER THIS AGREEMENT; (iii) YOUR UNAUTHORIZED USE OF THE WEBSITE; (iv) YOUR USE OF THE WEBSITE IN COMBINATION WITH ANY THIRD-PARTY SOFTWARE, APPLICATION, WEBSITE, OR SERVICE; (v) YOUR VIOLATION OF ANY APPLICABLE LAWS; OR (vi) YOUR VIOLATION OF ANY THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS. YOU AGREE TO FULLY COOPERATE WITH FUNDTHROUGH IN THE DEFENSE OF ANY CLAIM YOU DEFEND PURSUANT TO YOUR INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT  4. Submission of Your Information Subject to the rights granted in this Section 4, you retain all right, title, and interest in and to the information transmitted or otherwise submitted to FundThrough by you via the Website (“User Content”), including any intellectual property rights in the User Content. You grant to FundThrough a nonexclusive, worldwide, perpetual, royalty-free, irrevocable, sublicensable, transferable, and fully paid-up right to access, collect, use, process, store, disclose, transmit, transfer, copy, modify, adapt, and display User Content to: provide you with the Website; improve and enhance the Website and its other offerings; and produce or generate data, information or other materials that are not identified as relating to a particular individual or company (“Personal Information” and such data, information and materials, the “Generated Data”.) FundThrough may use, process, store, disclose and transmit the Generated Data for any purpose and without restriction or obligation to you of any kind. Generated Data is not User Content and is not your Confidential Information. You shall not claim, assert, or exercise any intellectual property rights in the Generated Data, or challenge, contest, or dispute the validity, ownership, or enforceability of FundThrough’s intellectual property rights in the Generated Data. FundThrough shall not have any obligation to keep any information confidential, except as otherwise specifically agreed to in writing by FundThrough or as required by law. FundThrough shall handle Personal Information in accordance with the terms of its privacy policy available at https://www.fundthrough.com/privacy-policy/ . By providing your mobile phone number, you consent to receive SMS (text) messages from FundThrough, which may include marketing communications, account notifications, support messages, and other service-related information. Message frequency may vary depending on your interactions with our services, your support needs, and other communication needs. Standard message and data rates may apply depending on your mobile carrier. You may opt out of receiving SMS messages at any time by replying “STOP” to any message received from FundThrough. Upon opting out, you will receive a confirmation message and will no longer receive SMS communications from us at that number. If you need assistance or have questions regarding our SMS service, reply with “HELP” to any SMS message you receive from us, or contact our customer support team at [email protected]. Your phone number will be handled in accordance with our Privacy Policy (https://www.fundthrough.com/privacy-policy/). We do not sell or share your phone number with third parties, except as required by law or as necessary to provide SMS communication services on our behalf. By using the Website, you hereby acknowledge that the Internet is not a secure medium and confidentiality cannot be guaranteed or ensured. FundThrough shall not be responsible or liable for any damages that you or any third-party may suffer as a result of the transmission of confidential information that you make to FundThrough through the Internet or that you expressly or implicitly authorize FundThrough to make or for any errors or any changes made to any such transmitted information. 5. Links to Other Websites The Website may contain links to third-party websites. FundThrough is not responsible for the content, accuracy, or opinions expressed in such third-party websites, and the inclusion of any third-party website does not imply the approval or endorsement of such third-party website by FundThrough. FundThrough does not represent that it has reviewed such third-party websites and is not responsible for them or any content appearing on them. Third-party content, websites, services, or systems are not under our control, and if you choose to access any such content, websites, or services, or to access the Website from such systems, you do so entirely at your own risk. Furthermore, a link to third-party websites should not be construed to mean that FundThrough is affiliated or associated with or is legally authorized to use any trademark, trade name, logo or copyrighted symbol that may be reflected in the link or the description of the link to the third-party websites. You acknowledge that you may be required to accept terms of use applicable to third- party content, websites, services, or systems and agree to accept and comply with any such terms of use. 6. Links to Our Website We welcome links to our Website from other websites with our consent; however, we in no way operate, control, or endorse such websites, and we reserve the right to disallow any such link at any time at our sole discretion. Should you wish to link to our Website, please contact [email protected]. 7. Employment Opportunities We welcome expressions of interest in employment with FundThrough. FundThrough does not discriminate in hiring or employment on the basis of race, color, ancestry, religion, disability, ethnic or national origin, citizenship, age, sex, sexual orientation, marital status, family status, or any other characteristic protected by applicable federal, provincial or local law. You understand that the invitation to submit your resume or expression of interest in a job posted on the Website is not intended to, and does not, create a contract between you and FundThrough for employment or for any other benefit. You understand that any communication sent by you to FundThrough inquiring about employment shall not be considered an application for employment and creates no obligation on the part of FundThrough to respond. Should FundThrough be interested in exploring employment opportunities with you, we will contact you in response to your inquiry. 8. Restricted Access Portions of the Website Access to certain parts of the Website may require you to have an account issued by Fundthrough. Fundthrough may, in its sole discretion, grant you an account, and may impose conditions or limitations on your account. Your use of those parts of the Website that require an account will be subject to your agreement to additional terms and conditions that will be communicated to you when you access such parts. You agree to take reasonable measures to ensure that no unauthorized person or entity shall have access to restricted areas of the Website using your username or password. You agree that, if you are provided rights to access or use restricted areas of the Website, those rights are non-transferable and non-sublicensable. You may not assign, sublicense, transfer, pledge, lease, rent, or share your username and password to anyone other than an employee or agent authorized to act on your behalf, and subject to all of the provisions set forth in these Terms. You assume all responsibility for loss or misuse of your username and password and are responsible for any activities undertaken by a person in possession of your username or password for any reason other than solely due to the negligence of FundThrough. 9. Acceptable Use. As a condition of your use of the Website, you agree that you will not use the Website for any purpose that is unlawful or prohibited by these Terms. You agree that you will not use the Website to: a) abuse, defame, harass, threaten or violate the legal rights of others in any way; b) provide inaccurate, false or misleading Personal Information; c) use or access the Website: (i) in violation of any applicable law; (ii) in a manner that threatens the security or functionality of the Website; or (iii) for any purpose or in any manner not expressly permitted in these Terms; d) use the Website to create, collect, transmit, store, use or process any data: (i) that contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (ii) that you do not have the lawful right to create, collect, transmit, store, use or process; or (iii) that infringes, violates or otherwise misappropriates the intellectual property or other rights of any Third-Party (including any moral right, privacy right or right of publicity); e) modify the Website; f) reverse engineer, decompile, disassemble the Website; g) perform any vulnerability, penetration or similar testing of the Website; h) attempt to probe, scan, or test the vulnerability of the Website; i) interfere or attempt to interfere with the use of the Website, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; j) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation, use on Third-Party websites; k) access content or data not intended for you; and l) use the Website for any purpose or in any manner not expressly permitted in these Terms. FundThrough will cooperate with the legal authorities and internet service providers in providing information about the users who violate this section of these Terms. You agree that you will notify FundThrough immediately about any suspected or known unauthorized use, breach of security, or violation of these Terms on or relating to the Website. 10. General You agree not to impersonate another person in your use of the Website or in the sending of any e-mail to any address listed on the Website. You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to, and use of the Website and all charges related thereto. Any products, services or publications mentioned in or on the Website are made available in accordance with local law and only where they may be lawfully offered for sale. Canadian Residents: The Terms will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein without regard to conflict of law principles, and you hereby consent and submit to the jurisdiction of the courts of the Province of Ontario in any action or proceeding instituted under or related to the Terms. To the extent that any portion of the Terms shall be determined to be unenforceable by a court of the Province of Ontario, such portion will be modified by such court to the extent necessary to cause such portion to be enforceable, and the remaining Terms will remain in full force and effect. Any waiver of any provisions contained in the Terms shall not be deemed to be a waiver of any other right, term, or provision of the Terms. The Terms constitute the entire agreement between you and FundThrough with respect to the Website and supersede all previous written or oral agreements between you and FundThrough with respect to the Website. US Residents: The Terms will be governed by and construed in accordance with the laws of the State of Texas and the laws of the United States applicable therein without regard to conflict of law principles, and you hereby consent and submit to the jurisdiction of the courts of the State of Texas in any action or proceeding instituted under or related to the Terms. To the extent that any portion of the Terms shall be determined to be unenforceable by a court of the State of Texas, such portion will be modified by such court to the extent necessary to cause such portion to be enforceable, and the remaining Terms will remain in full force and effect. Any waiver of any provisions contained in the Terms shall not be deemed to be a waiver of any other right, term, or provision of the Terms. The Terms constitute the entire agreement between you and FundThrough with respect to the Website and supersede all previous written or oral agreements between you and FundThrough with respect to the Website.