i Fund Cities, LLC (“i Fund Cities” or “We”) Terms of Use
Effective Date: 31-OCT-2021
i Fund Cities, LLC and its affiliates (“i Fund Cities” or “We” or “Us”) provides access to our websites (ifundcities.com; go.ifundcities.com; theifcteam.com) and interaction with all content available on the websites, including without limitation certain forms for you to provide specific information to Us (collectively, the “Website”). Your utilization of the Website is subject to the terms of use and conditions contained herein (“Terms of Use”) and constitutes your irrevocable acceptance of these Terms of Use. Our Terms of Use also comprise a part of our Privacy Policy which is incorporated herein by reference. We reserve the right to modify the Terms of Use, and your continuing use of the Website constitutes your acceptance of the Terms of Use as modified. Accordingly, we encourage you to check these Terms of Use periodically. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, PLEASE IMMEDIATELY DISCONTINUE USE OF THE WEBSITE AND DO NOT PROVIDE US WITH ANY INFORMATION THROUGH ANY WEBSITE FORMS.
These Terms of Use constitute a legally binding agreement between i Fund Cities and you, including any entity you may represent, and govern your access and use of the Website or any other services, content, or features offered on or through the Website (collectively, the “Services”). These Terms of Use do not apply to any other websites, platforms, or content operated or provided by any third-party that you may access via the Website.
The Website is offered and available only to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. The Website is not intended for users who reside outside the United States. By using the Website, you represent and warrant that you are of legal age to form a binding contract with i Fund Cities and meet all the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Website or otherwise access the Services.
- No Offer, Solicitation or Advice
The Website includes certain features (e.g. forms) solely intended for the purpose of permitting your submission of information to Us. Your use of the Website and/or these features shall not be construed as creating a lender-borrower relationship between you and i Fund Cities and shall not be construed as creating any obligation for Us to lend money to you. i Fund Cities does not guarantee that any information you submit will be reviewed nor do we guarantee that we will contact you regarding your submission.
- Submission of Your Information through Website Forms or other Website Media
By providing information to Us through any Website forms or other media, you certify your submission is not prohibited by any confidentiality obligations, employment agreement, organizational or entities documents, or any other similar contractual obligation. You further agree and acknowledge that you are authorized to submit the information and discuss its contents with i Fund Cities. Furthermore, you represent and warrant that you own or otherwise control all the rights to that information, the information you provided is accurate and true, and that its submission does not violate these Terms of Use. Additionally, if you are submitting information to Us on behalf of an entity, you represent and warrant that you have the required authority to do so. By submitting your information, you grant i Fund Cities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce, share the information contained therein in the manner described in the Privacy Policy, and/or create derivative works from all information you provide, including your name, in any form you provide it. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
you also acknowledge and agree that (1) i Fund Cities excludes, to the fullest extent permitted by law, all representations and warranties relating to the website, receiving and/or utilizing your information through the website, and/or providing any services to you; (2) You knowingly and voluntarily waive all rights to recovery, and i Fund Cities excludes and shall not be liable, to the fullest extent of the law, for all damages arising out of or in connection with your providing information to us through, and your use of, the Website or the Services. This includes, without limitation, direct loss, consequential loss, loss of business or profits, and loss of other business opportunities, whether or not the loss of such business, revenue or profits was foreseeable, arose in the normal course of business, or whether or not you advised us of the possibility of such loss; and (3) You knowingly and voluntarily waive all rights to recovery, and i Fund Cities excludes and shall not be liable, for punitive or exemplary damages of any kind.
you also hereby waive any and all rights to trial by jury in any action, suit, counterclaim, or cross-claim arising from any dispute involving you and i Fund Cities, including without limitation, any dispute arising in connection with or relating to the website, your providing information to us through the website, the Services, and any transaction or contemplated transaction arising therefrom.
- Copyright
i Fund Cities owns or controls all web pages, screens, content, information, materials, text, graphics, images, design, layout, and arrangement of the Website unless expressly indicated to the contrary. The Website and its contents, features, and functionality are owned by i Fund Cities and protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Our company name, logos, product and service names, designs, marks and slogans are trademarks of i Fund Cities. You must not use such marks without the prior express written consent of i Fund Cities.
- Third Party Content
The availability or use of third-party websites, platforms, or content on or accessible through the Website does not constitute or imply an endorsement, sponsorship, or recommendation by i Fund Cities of the third party, the third-party’s website, platform, or the content contained therein; and your use of these links, content, platforms, and websites is at your own risk as. i Fund Cities is not responsible and disclaims any and all liability for your use of content owned by others. i Fund Cities is not responsible for the availability of any such websites or platforms, and/ or their respective policies, practices, or content.
- Monitoring Website Use
i Fund Cities reserves the right to monitor your use of the Website, however, we are under no obligation to do so and assume no responsibility or liability arising from your use of the Website.
- Disclaimer of Warranties
ANY CONTENT AVAILABLE ON THE WEBSITE AND/OR SERVICES PROVIDED THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” YOU EXPRESSLY ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND ITS CONTENT. i Fund Cities MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE CONTENT. i Fund Cities EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, WITH REGARD TO THE WEBSITE AND ITS CONTENT.
i Fund Cities SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OF THE WEBSITE OR ITS CONTENT. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY CONTENT.
i Fund Cities DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT ANY DEFECTS IN THE CONTENT WILL BE CORRECTED.
- Indemnification
To the fullest extent permitted by law, you agree to indemnify i Fund Cities against any and all losses, damages, costs and expenses (including but not limited to reasonable attorneys’ fees) related to any claim, suit, or proceeding arising out of your improper, negligent, grossly negligent or reckless use, criminal use, or intentional misuse, of the Website and/or the Services.
- User conduct
You shall not take any action, including but not limited to, unauthorized access into non-public parts of the Website, misuse of passwords, misuse of any content posted on the Website, or take any action that interferes with the proper function of the Website, imposes an unreasonable or disproportionately large load on the Website’s infrastructure, that might compromise the security of the Website, that may render the Website inaccessible to others, or may otherwise cause damage to the Website.
- Financial Information
You may provide i Fund Cities with certain financial information as part of our underwriting process and this information, in whole or in part, may be provided directly to Us or through Plaid, a third-party technology partner. For more information regarding Plaid’s privacy practices please visit https://plaid.com/legal/#end-user-privacy-policy. The information you may provide, or have provided through Plaid may include, without limitation, bank statements detailing available balances and other information, tax documents, income verifications, and certain ACH data (collectively, “Financial Information”). Financial Information does not include any information already in our possession prior to your participation in the underwriting process. Your participation in our underwriting process is completely voluntary, and you agree that your participation is an express consent to provide, or have provided through Plaid or other third parties, all Financial Information that i Fund Cities requests as part of our underwriting process. You also acknowledge and agree that i Fund Cities may share your Financial Information with select third parties to the extent required to complete the underwriting process. Additionally, you acknowledge and agree that your Financial Information will be used, stored, and otherwise processed in the ways described in our Privacy Policy. Under no circumstances will i Fund Cities sell your Financial Information or share it or any portion thereof with any third party for their direct marketing purposes.
- Entire agreement
These Terms of Use constitute the entire agreement of the parties with respect to your use of the Website and/or Services and supersede all previous written or oral agreements between the parties with respect to such subject matter. Any subsequent agreement between the parties and/or terms and conditions to which you consent and/or agree shall control in the event that any term of such subsequent agreements, terms, or conditions conflicts with the terms hereof. Subject to the previous sentence, all other terms and conditions you agree with and/or consent to are in addition to and do not supersede or modified these Terms of Use.
- Correction of errors and inaccuracies
The information on the Website may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
- Enforcement
No waiver by i Fund Cities of any breach or default by you hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Terms of Use is determined to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect. These Terms of Use are governed by, and will be interpreted in accordance with, the laws of the Commonwealth of Pennsylvania, without regard to any conflict of laws provisions. Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of the Courts of the Commonwealth of Pennsylvania, Philadelphia County, or of the United States of America for the Eastern District of Pennsylvania, regarding any and all disputes relating to these Terms of Use, the Website and the content contained therein, and/or the Services and you waive any objection you may have relating to improper jurisdiction or venue, including without limitation, any objection based on Forum Non Conveniens.
- Headings
The headings used herein are for convenience of reference only and shall not affect the construction of or be taken into consideration when interpreting these Terms of Use.
If you have any questions about these Terms of Use, the practices of this Website, or your dealings with this Website and/or the Services, you may contact us by email at getfunding@ifundcities.com.