FUND MY CONTRACT, LLC
Fund My Contract, LLC
For purposes of this Agreement, "You" or "Your" means the dealer using the Website, completing an online application and/or, in any other manner, utilizing the services offered provided by Fund My Contract, LLC, a Georgia limited liability company ("FMC").
FMC is an online lending exchange that connects sellers of products or services that are intended to reach consumers or businesses ("Dealers") to finance companies and vice versa. To utilize the services of FMC, Dealers complete an online application which includes, among other things, the type of financing desired by the Dealer and whether the Dealer wishes an exclusive, open or "second-look" relationship.
FMC will review the application and forward a notification, along with a brief summary of the Dealer's business, to finance companies ("FC"), which have joined the FMC network. FC's who wish to utilize the services of FMC are required to complete an online application prior to joining the FMC network. FC's, utilizing the FMC portal, will be able to notify FMC if they wish to proceed with the potential match, either exclusive or open, request additional information from the Dealer or reject the Dealer as a potential source of financing. Dealers will submit each contract via the FMC portal and are required to pay a $99 membership fee (the "Membership Fee") each month to have access to the FMC network of FC's and utilize the online Order Tracker to process contracts. The Membership Fee shall be debited to Dealer's checking account, credit card or debit card. Dealer may cancel at any time prior to the time the next membership fee is due. There will be no refunds for partial months use. Dealer will be able to track bids and other responses from FC's until membership terminates. From time to time FMC will require a servicing fee (the Servicing Fee) which is tied to a percentage of the amount financed for each loan funded to the Dealer or directly to the Borrower. The Servicing Fee shall be debited to Dealer's checking account, credit card or debit card. Servicing Fees are disclosed by FMC and agreed to by the Dealer in advance of completion of the match with a FC.
FMC may discontinue the membership and any and all services provided to any Dealer, (a) immediately and without prior notice, if FMC determines that the Dealer has violated any of the terms and conditions of this Agreement, or (b) on thirty (30) days' notice, without cause, in FMC's absolute discretion.
In the event of the discontinuance of the membership of Dealer by FMC, the Dealer shall not be entitled to any refund of any monthly membership fee that was paid by the Dealer.
FMC does not make loans nor is it a creditor, but only provides services to Dealers and FC's. The FC's are solely responsible for its services to the Dealer and the Dealer agrees that FMC shall not be liable for any damages or costs of any type arising out of or in any way connected with either party's use of FMC's services.
By clicking on any button indicating an acceptance or agreement to terms and/or utilizing the services of FMC, You understand that You are agreeing to the stated terms and conditions of that are set forth herein and represent that all information You are providing to FMC, at any time, is true and complete.
3. Additional Terms
FMC is not a provider of credit and does not make any decisions in connection with funding any contract or any decision as to whether a particular FC will enter into a transaction with any Dealer. FMC does not endorse or recommend any Dealer, or FC, nor any products or services sold or provided by any entity, and is not the agent of any Dealer or FC. FMC's services are only administrative.
The data and other information provided by either the Dealer or FC via the FMC Website does not in any way guarantee or imply that a transaction will occur between the Dealer and the FC. The Dealer understands that it may not be matched with a FC willing to provide funding for its contracts.
4. Copyright, Trademark and Service Mark Notices
All contents of the Website are: Copyright © 2019 Fund My Contract, LLC, 18000 Studebaker Rd. Suite 520 Cerritos CA, 90703.
Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any service mark, trademark or trade name (individually and collectively, "Mark" or "Marks") displayed on the Website, without the prior written permission of FMC. The Marks not may be used to disparage FMC, any Dealer or FC, or the products or services of such parties, nor may they be used in any manner that may damage any goodwill in the Marks. Use of any Mark as part of a link to or from any site is prohibited unless such use is approved in advance by FMC in writing.
The Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, and video graphics, and the entire contents of the Website is copyrighted as a collective work under the laws of the United States. FMC owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit any of the content in whole or in part. Elements of the Website are protected by trade dress, trademark, unfair competition and other state and federal laws and may not be copied or imitated in whole or in part.
5. Disclaimers and Liability
While it is the intention of FMC to provide accurate information to Dealers and FC's, errors in the content of the Website may occur. Under no circumstances will FMC be liable for any loss or damage caused by reliance of any party on information obtained through the Website. It is the responsibility of the Dealer and FC to evaluate the accuracy, completeness and usefulness of any information, opinion, advice or other content available through the Website.
THE WEBSITE AND THE INFORMATION, SOFTWARE AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS". FMC DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITE AND ANY INFORMATION, SOFTWARE AND SERVICES PROVIDED HEREIN, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THE WEBSITE AND/OR FMC'S SERVICES IS AT THE RISK OF THE DEALER OR FC. FMC IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR THE INABILITY TO USE THE WEBSITE AND/OR THE SERVICES PROVIDED HEREUNDER, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES CONTAINING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO FMC RECORDS, PROGRAMS OR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE OR THE SERVICES PROVIDED HEREUNDER, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRCT, NEGLIGENCE, TORTIOUS BEHAVIOR, STRICT LIABILITY OR OTHERWISE, EVEN IF FMC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND IN SUCH JURISDICTIONS SUCH EXCLUSIONS WILL NOT BE APPLICABLE.
6. Electronic Communications and/or Notices.
FMC may elect to electronically deliver all information related to its services and your requests for services. You hereby agree to receive all current and future notices, communications and information, and to do business with FMC electronically via the email address you provided to FMC, which may, from time to time, be changed by you by notifying FMC at the email address listed above. You agree that you meet the below technical requirements and are able to access and retain copies of notices and information sent or made available electronically:
-Internet access with 128 bit encryption
-Adobe Acrobat Reader 8 or higher
-Internet Explorer 8 or higher
7. Indemnity and Damage Limitation
As a condition of the use of the Website and the services described herein, You agree to indemnify FMC, its officers, members, and employees from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use the Website or the services described herein, including, without limitation, any claims alleging facts that if true would constitute a breach by You of this Agreement. In no event will FMC have any liability to You in excess of compensatory damages and You hereby agree to waive any claim for consequential, punitive or exemplary damages.
8. Errors and Delays
FMC is not responsible for any errors or delays in responding to a request for funding by a Dealer or the failure of the consummation of any transaction between the Dealer and FC. The Dealer understands and agrees that it is solely responsible for the decision to enter into a business transaction with the FC and that FMC's role is limited to the functions described herein.
10. Dispute Resolution
Any claim or controversy arising out of or relating to the use of the Website, or the relationship of either the Dealer or FC with FMC, or to any acts or omission for which you may contend that FMC is liable, including, but not limited to, any claim or controversy as to arbitrability ("Dispute") shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place in Atlanta, Georgia or such other location as the parties may select. Any judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of disputes or claims or any non-party, regardless of the nature of the issues or disputes involved. No arbitration under this Agreement shall be joined to an arbitration involving any other party subject this Agreement, whether through class arbitration or otherwise.
Should a Dispute arise and should the arbitration provisions become inapplicable or unenforceable, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Fulton County, Georgia.
The prevailing party in any Dispute or lawsuit shall be entitled to recover reasonable attorneys' fees.
This Agreement constitutes the entire agreement between You and FMC and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between You and FMC with respect to the Website and the services, information and software associated with it. This Agreement shall be subject to and construed in accordance with the laws of the state of Georgia, excluding the conflict of laws principles thereof. If any portion of this Agreement is determined to be invalid or unenforceable, then the invalid provisions will be deemed superseded by a valid provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and any notice given in electronic form shall be admissible in any judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally maintained in printed form.
Revised date: Nov 7, 2019