The following Terms of Use shall apply to the relationship between iSpyFunding LLC, all subsidiaries of iSpyFunding LLC, www.iSpyFunding.com, and iSpyFunding mobile app ("iSpyFunding" or “ISP”), and the end user ("You" or "Your"). By using iSpyFunding's web and/or mobile services, You accept these Terms of Use, as well as the manner in which iSpyFunding operates. These Terms of Use constitute the entire agreement between iSpyFunding and You and supersede and replace all prior commitments, undertakings or representations, whether written or oral, between You and iSpyFunding with respect of Your use of iSpyFunding.
Information on iSpyFunding, such as the “Blog”, "Funding Tips", or "About Us" sections, are only recommendations and are not intended as rules or guidelines. iSpyFunding is not liable or responsible for the actions of users or other individuals who have read or been informed of such information or other written material.
iSpyFunding does not guarantee that You will win, be awarded, or receive funding as a result of the funding results provided to you, nor does iSpyFunding guarantee specific funding results in general. You understand that being awarded, winning, or receiving funding from a third-party funding source will be determined based on the merits, performance, and quality of your company as determined by the third party funding source acting in its sole discretion to allocate funding.
If You do not agree to the Terms of Use, do not use iSpyFunding. If You access, use, or download in any way any service from iSpyFunding, You agree to and are bound by these Terms of Use and also acknowledge that (a) You have had the opportunity to review the FAQ’s regarding the use of iSpyFunding, and (b) You have had the opportunity to ask questions regarding the use of iSpyFunding by email and to have those questions answered.
iSpyFunding may change (add to, delete, or amend) the Terms of Use from time to time, with or without cause. Should this occur, You agree that iSpyFunding may provide You notice of such changes in any of the following ways: via an email from iSpyFunding, via iSpyFunding' blog, and/or by posting a change notice on the website for a reasonably limited time. It is Your responsibility to review any revised Terms of Use. Should You find any subsequent revisions to the Terms of Use unacceptable, You must cease using iSpyFunding' services. By continuing to access, use, or download in any way any service from iSpyFunding following notice of a revision to the Terms of Use, You agree to and are bound by the Terms of Use as revised.
iSpyFunding reserves the right to limit in its sole discretion the number of user accounts per natural person. iSpyFunding limits the number of user accounts per natural person to one (exceptions may apply – contact customer support with any questions at support@iSpyFunding.com).
You are responsible for keeping Your user account password confidential. iSpyFunding will never ask for Your password except during login. iSpyFunding also does not have access to your password. If you lose your password, the only way to access your account is via the password reset feature. You should never provide Your password to anyone, including iSpyFunding employees. User accounts are non-transferable. Only You may use Your user account. You agree to be liable for all offensive or unlawful activities that are undertaken using Your user account.
iSpyFunding reserves the right to temporarily or permanently terminate Your account at iSpyFunding’s sole discretion if it determines or suspects You have violated these Terms of Use, any laws, or the rights of our other users or other third parties. You agree that if iSpyFunding determines that You have breached these Terms of Use, iSpyFunding may cancel your account without refund.
Any special promotions run by iSpyFunding shall only be valid if they are announced on iSpyFunding or in its corresponding iSpyFunding Special Offers email. Certain promotions may only be valid for a limited time, with details announced on iSpyFunding or in our iSpyFunding Special Offers. Once the advertised time limit of any promotion has been reached, the promotion is also finished.
If You do post content using the name and likeness of iSpyFunding, and unless we indicate otherwise, You grant iSpyFunding a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant iSpyFunding and its affiliates the right to use the name that You submit in connection with such content. You represent and warrant that You own or otherwise control all of the rights to the content that You post; that the content is accurate; that use of the content You supply does not violate this policy and will not cause injury to any person or entity; and that You will indemnify iSpyFunding for all claims resulting from content You supply. iSpyFunding has the right but not the obligation to monitor and edit or remove any activity or content. iSpyFunding takes no responsibility and assumes no liability for any content posted by a user.
iSpyFunding maintains a strict no-refund policy, so long as funding sources you were alerted to, were relevant to your business. If the funding sources you were alerted to were not, and continue to not be relevant to your business, then ISP will consider this a non-delivery of service and you are entitled to a full refund for your most recent month of service.
You agree that use of iSpyFunding is at Your sole risk. Neither iSpyFunding nor any of its officers, directors, employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), or any third party who provides properties, products, or services purchased from or distributed by iSpyFunding, or the like, warrant that websites affiliated with iSpyFunding, including, but not limited to, iSpyFunding, will be uninterrupted, error-free, or free of viruses, worms, trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products, and services published on iSpyFunding may contain inaccuracies or typographical errors. iSpyFunding makes no warranty as to the results that may be obtained from the use of iSpyFunding or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through iSpyFunding. iSpyFunding shall not be responsible for any opinions, views, advice, or statements posted on iSpyFunding (including, without limitation, in any public posting areas of the website) by any person or entity other than an authorized iSpyFunding spokesperson. Advertisers, content providers, users, guests, independent writers, and experts are not authorized iSpyFunding spokespersons. At no time should the opinions, views, advice, or statements provided by advertisers, content providers, users, guests, independent writers, or experts be relied upon for important personal decisions without independent verification.
YOUR USE OF ISPYFUNDING IS AT YOUR SOLE RISK. THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY ISPYFUNDING LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ISPYFUNDING DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
ISPYFUNDING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ISPYFUNDING, SECURITY OF THE WEBSITE, THE RESULTS THAT MAY BE OBTAINED FROM USE OF ISPYFUNDING, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. WITHOUT LIMITING THE FOREGOING, ISPYFUNDING DOES NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT, THAT THE SITE WILL MEET YOUR REQUIREMENTS, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ISPYFUNDING WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE LIMITATIONS OF THIS SECTION SHALL APPLY NOTWITHSTANDING ANY RELIANCE ON ANY INFORMATION OBTAINED FROM ISPYFUNDING OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, 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 PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT ISPYFUNDING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS LIMITATION SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH ISPYFUNDING.
THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM ASSEMBLY, USE OR MISUSE OF OR RELIANCE ON ISPYFUNDING SERVICES OR ITEMS PURCHASED THROUGH ISPYFUNDING, FROM INABILITY TO USE ISPYFUNDING SERVICES OR ITEMS PURCHASED THROUGH ISPYFUNDING, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF ISPYFUNDING SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If You are dissatisfied with any portion of iSpyFunding, You should discontinue Your use of iSpyFunding.
EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, ISPYFUNDING MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY ISPYFUNDING OR ANY OF ITS AGENTS OR SUBCONTRACTORS IN CONNECTION WITH ANY ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOU AGREE THAT ISPYFUNDING SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE USE, IMPROPER HANDLING, MODIFICATION, OR MISUSE OF THE PRODUCTS BY YOU OR ANY OTHER PERSON FOLLOWING DELIVERY BY ISPYFUNDING. IN NO EVENT SHALL ISPYFUNDING BE LIABLE TO YOU OR ANY OTHER PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE, AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.
You agree to indemnify, defend, and hold iSpyFunding and its members, managers, shareholders, directors, officers, employees, agents, affiliates, licensors, and other partners (collectively, the "Indemnified Persons") harmless from any loss, cost, expense, liability, claim, or demand, including reasonable attorneys' fees, suffered by any Indemnified Persons due to, arising out of, or in connection with (i) Your use of iSpyFunding or any of the services offered by iSpyFunding, (ii) any violation of these Terms of Use by You or any person acting in collusion with You, (iii) any violation of applicable law or court order by You, and (iv) any negligence or willful misconduct by You.
With current technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the Internet. iSpyFunding, therefore, provides no guarantee for the constant and uninterrupted availability of the website and other technical systems. iSpyFunding shall not be liable for any damage incurred by users or third parties from using iSpyFunding services.
iSpyFunding' logos are trademarks of iSpyFunding. All rights reserved. Any trademarks appearing on iSpyFunding are the property of their respective owners.
By agreeing to these Terms of Use, You and iSpyFunding each waive the right to a jury trial or to participate in a class action. Further, You agree that any and all disputes, claims, and causes of action relating in any way to Your use of iSpyFunding, including Your use prior to agreeing to these Terms of Use, or to any products sold by iSpyFunding will be resolved by binding arbitration, rather than in court, except that You may assert claims in small claims court if Your claims qualify.
You agree that any and all claims, disputes, and causes of action between You and iSpyFunding, including those relating to Your use of the iSpyFunding website or these Terms of Use (each a "Dispute" and collectively, "Disputes"), shall be resolved as set forth in this section. Before initiating any formal Dispute resolution proceedings, You agree to negotiate with iSpyFunding regarding any Disputes in good faith on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding. You may initiate these negotiations by sending a notice of the Dispute (the "Notice of Dispute") to iSpyFunding in a manner specified in the "Notices" section below. If iSpyFunding and You do not reach an agreement regarding a Dispute within 30 days following iSpyFunding' receipt of the Notice of Dispute, iSpyFunding and You agree to submit such Dispute to binding arbitration, on an individual basis, under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the "AAA rules"). The AAA rules are available online at adr.org. The proceedings shall be governed by the Federal Arbitration Act, and the award shall be final and binding, may be enforced in any court of competent jurisdiction, and shall not be subject to appeal.
During the arbitration, the amount of any settlement offer made by iSpyFunding or You shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which You or iSpyFunding is entitled.
iSpyFunding will pay the arbitration filing fee for Disputes involving less than $75,000, unless the arbitrator determines the claims are frivolous. If the arbitrator finds that Your claim is frivolous or brought for an improper purpose then the payment of all fees will be governed by the AAA rules. In such case, You agree to reimburse iSpyFunding for all monies previously disbursed by iSpyFunding that are otherwise Your obligation to pay under the AAA rules. In addition, if You initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules. For claims totaling less than $10,000, You may choose to have the arbitration conducted by telephone, based on written submissions, or in person. Unless iSpyFunding and You agree otherwise, any arbitration hearings will take place in the county where you live. Except as otherwise provided for herein, iSpyFunding will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above.
In the event of a finding in Your favor, iSpyFunding agrees to pay Your attorney, if any, and reimburse any expenses, including expert witness fees and costs that Your attorney reasonably accrues for investigating, preparing, and pursuing Your claim in arbitration. If the arbitrator issues You an award that is greater than the value of iSpyFunding's last written settlement offer made before an arbitrator was selected then iSpyFunding will pay You the greater of the award or $10,000 and pay Your attorney twice the amount of attorney's fees and reimburse any reasonable expenses incurred by Your attorney related to Your representation. This right to attorneys' fees and expenses supplements any right to attorneys' fees and expenses You may have under applicable law. Thus, if You would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding You that amount. However, You may not recover duplicative awards of attorneys' fees or costs. Although under some laws iSpyFunding may have a right to an award of attorneys' fees and expenses if it prevails in arbitration, iSpyFunding agrees that it will not seek such an award.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. You and iSpyFunding agree that each may bring claims against the other only in Your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both You and iSpyFunding agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Notwithstanding any provision in this Agreement to the contrary, we agree that if iSpyFunding makes any future change to this arbitration provision (other than a change to the Address provided in the "Notices" section below) You may reject any such change by sending us written notice within 30 days of the change to the Address provided in the "Notices" section below. By rejecting any future change, You are agreeing that You will arbitrate any dispute between us in accordance with the language of this provision.
This Terms of Use Agreement and Your use of iSpyFunding shall be governed by the laws of the United States of America and the Commonwealth of Massachusetts. Without in any way limiting the "Dispute Resolution" requirements set forth above, any court proceeding related to this website or these Terms of Use may be brought only in a federal or state court sitting in Massachusetts. You agree to accept the jurisdiction of such courts.
If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of these Terms of Use shall remain in force and effect and such invalid, unenforceable or void provisions will be deemed to be modified so as to effect the original intent of these Terms of Use as closely as possible.
The protection of Your data is very important to us. For more information on the collection, processing, and use of personal data, please read our Privacy Policy.
Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. These links are provided strictly for Your convenience and do not constitute an endorsement or approval of these websites. We assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We cannot take any responsibility for the content, protection, or privacy guidelines of third-party websites.
Any waiver of any provision by iSpyFunding of the Terms of Use or Privacy Policy will be effective only if in writing and signed by iSpyFunding.
Except as provided otherwise in these Terms of Use, all notices, requests, instructions, and other communications given to iSpyFunding by You must be given in writing by hand delivery in return for a receipt, sent certified or registered U.S. mail (return receipt requested), or sent by FedEx or a similar overnight courier service, addressed to:
iSpyFunding LLC
450B Paradise Road, #287
Swampscott, MA 01907
or by email to support@iSpyFunding.com