Loans For Real Estate Deals | Terms & Conditions

WEBSITE TERMS OF USE

Data and information is provided for informational purposes only, and is not intended for any other purposes. Neither fundthatdeal.com (FTD) nor any of its data or content providers shall be liable for any errors or delays in the content, or for any actions taken in reliance thereon. By accessing the FTD website, a user agrees not to redistribute the information found therein. FTD may provide customized links to selected firms or companies for convenience purposes only. FTD is not a financial, tax, accounting or investment consultant or professional, nor is it a registered broker-dealer, and does not endorse or recommend the services of any firm or company. The firms or companies whom the user of the FTD website selects are solely responsible for the services rendered to the user of the FTD website. FTD shall not be liable for any damages or costs of any type arising out of, or in any way connected with, the use of the FTD website or with the user of the FTD website using the services of any firm or company mentioned or otherwise referred to on the FTD website.

1. ACCEPTANCE OF TERMS

2. DESCRIPTION OF SERVICE

3. REGISTRATION OBLIGATIONS

4. FEES

5. FTD PRIVACY POLICY

6. MEMBER ACCOUNT, PASSWORD AND SECURITY

7. MEMBER CONDUCT

8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

10. INDEMNITY

11. NO RESALE OF SERVICE

12. GENERAL PRACTICES REGARDING USE AND STORAGE

13. MODIFICATIONS TO SERVICE

14. TERMINATION

15. DEALINGS WITH ADVERTISERS

16. LINKS

17. FTD'S PROPRIETARY RIGHTS

18. DISCLAIMER OF WARRANTIES

19. LIMITATION OF LIABILITY

20. EXCLUSIONS AND LIMITATIONS

21. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS

22. NOTICE

23. TRADEMARK INFORMATION

24. GENERAL INFORMATION

1. ACCEPTANCE OF TERMS

Welcome to the FTD website. FTD provides its service to the user of the FTD website, subject to the following Terms of Use ("TOU"), which may be updated by FTD from time to time without notice to the user. The user of the FTD website can review the most current version of the TOU at any time by accessing the "Terms of Use" link on the FTD website. In addition, when using particular FTD services, the user of the FTD website and FTD shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOU. FTD also may offer other services from time to time, which may be governed by different Terms of Use. These TOU do not apply to such other services.

2. DESCRIPTION OF SERVICE

FTD currently provides users with structured forms which can be completed to showcase details of the real estate opportunities that they require funding for. FTD has used its skill and expertise to create structured forms to enable users to enter specific information relating to the nature of the real estate opportunities that they identify. A fixed fee is chargeable to make the completed form available to view by potential accredited investors, who have all agreed to comply with formal non-disclosure agreements with FTD. Completed forms may remain on the FTW web site indefinitely. Users may set their own time frame as to when their form becomes inactive based on the deadlines they personally set for receipt of funding in order to facilitate the real estate opportunities they have identified. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOU. The user of the FTD website understands and agrees that the Service is provided "AS-IS" and that FTD assumes no responsibility for the timeliness, deletion, non-delivery or failure to store any user communications or personalization settings.

The user of the FTD website is responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). The user of the FTD website is responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, the user of the FTD website must provide and is responsible for all equipment necessary to access the Service.

3. REGISTRATION OBLIGATIONS

In consideration of the user of the FTD website using the Service, the user of the FTD website agrees to: (a) provide true, accurate, current and complete information about the user of the FTD website as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the user of the FTD website provides any information that is untrue, inaccurate, not current or incomplete, or FTD has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FTD has the right to suspend or terminate the account of the user of the FTD website and refuse any and all current or future use of the Service (or any portion thereof).

4. FEES

The users of the FTD website who register as Property Developers (Property Developer) shall pay all fees due promptly on request, permission to submit a Proposal shall be restricted unless payment of the appropriate fee has been met in full. Fees are not refundable in any circumstances. In addition, the Property Developers shall pay a fee to FTD of 1% of the total investment or loan sum that they receive as a result of membership during the period that their proposal is displayed, whether or not the sum is received during the period of display. This fee will be paid to FTD immediately on closing. It is the responsibility of the Property Developer to keep account of all investment or loan sums that they receive as a result of membership. It is the responsibility of the Property Developer to pay the success fee payments to FTD in accordance with this clause. The Property Developer that originally agrees to these Terms of Use is liable for all the fees agreed to under the Terms of Use. If the Property Developer changes legal identity after accepting the Terms of Use, for example, from an individual to a company, or other legal entity, the original Property Developer is still liable for payment of the fees, even though the original Property Developer is now identifiable as a company or business or other legal entity with a company or business name which is not the same name as the original Property Developer. FTD retains the right to increase the fee to 2% of the total investment or loan sum that a Property Developer receives as a result of membership if the standard fee is not paid immediately on closing.

5. FTD PRIVACY POLICY

Registration Data and certain other information about the user of the FTD website are subject to our Privacy Policy. For more information, see our full privacy policy by accessing the "Privacy" link of the FTD website.

6. MEMBER ACCOUNT, PASSWORD AND SECURITY

The user of the FTD website is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under its password or account. The user of the FTD website agrees to (a) immediately notify FTD of any unauthorized use of its password or account or any other breach of security, and (b) ensure that the user of the FTD website exits from its account at the end of each session. FTD cannot and will not be liable for any loss or damage arising from failure of the user of the FTD website to comply with this Section 5.

7. MEMBER CONDUCT

The user of the FTD website understands that all information, data, text, software, sound, photographs, graphics, video, messages or other materials (the "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that the user of the FTD website, and not FTD, is entirely responsible for all Content that the user of the FTD website uploads, posts, emails, transmits or otherwise makes available via the Service. FTD does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. The user of the FTD website understands that by using the Service, the user of the FTD website may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will FTD be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

The user of the FTD website agrees to not use the Service to:

a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

b) harm minors in any way;

c) impersonate any person or entity, including, but not limited to, a FTD official, forum leader, guide or host, or falsely state or otherwise misrepresent the affiliation of the user of the FTD website with a person or entity;

d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

e) upload, post, email, transmit or otherwise make available any Content that the user of the FTD website do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);

f) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

g) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (if any) that are expressly designated for such purpose;

h) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

i) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

j) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

k) intentionally or unintentionally violate any applicable local, state, provincial, national or international law, including, but not limited to, regulations promulgated by any National, State, Provincial or other Securities Commission or authority, any rules of any national or other securities exchange and any regulations having the force of law;

l) stalk or otherwise harass another; or

m) collect or store personal data about other users.

The user of the FTD website acknowledges that FTD does not pre-screen Content, but that FTD shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, FTD shall have the right to remove any Content that violates the TOU or is otherwise objectionable. The user of the FTD website agrees that it must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, the user of the FTD website acknowledges that the user of the FTD website may not rely on any Content created by FTD or submitted to FTD.

The user of the FTD website acknowledges and agrees that FTD may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of FTD, its users and the public.

The user of the FTD website understands that the technical processing and transmission of the Service, including the Content of the user of the FTD website, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, the user of the FTD website agrees to comply with all local rules regarding online conduct and acceptable Content. Specifically, the user of the FTD website agrees to comply with all applicable laws regarding the transmission of technical data exported from the United States, Canada, UK or the country in which the user of the FTD website resides.

9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

FTD does not claim ownership of Content the user of the FTD website submits or makes available for inclusion on the Service. However, with respect to Content the user of the FTD website submits or makes available for inclusion on publicly accessible areas of the Service, the user of the FTD website grants FTD the following world-wide, royalty free and non-exclusive license(s), as applicable:

With respect to Content the user of the FTD website submits or makes available for inclusion on publicly accessible areas of the FTD website, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display non-identifiable sections of such Content on the Service solely for the purposes of providing and promoting the specific area to which such Content was submitted or made available. This license exists only for as long as the user of the FTD website elects to continue to include such Content on the Service and will terminate at the time the user of the FTD website removes or FTD removes such Content from the Service.

With respect to photos, graphics, audio or video the user of the FTD website submits or makes available for inclusion on publicly accessible area of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display non-identifiable sections of such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as the user of the FTD website elects to continue to include such Content on the Service and will terminate at the time the user of the FTD website removes or FTD removes such Content from the Service.

With respect to Content other than photos, graphics, audio or video the user of the FTD website submits or makes available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display non-identifiable sections such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

"Publicly accessible" areas of the Service are those areas of the FTD's network of properties that are intended by FTD to be available to the general public. By way of example, publicly accessible areas of the Service would include the FTD website pages that are open to both registered members and visitors. However, publicly accessible areas of the Service would not include the FTD areas that are limited to members, FTD services intended for private communication, or areas such as portions of World Wide Web sites that are accessible through FTD but are not hosted or served by FTD.

10. INDEMNITY

The user of the FTD website agrees to indemnify and hold FTD, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content the user of the FTD website submits, posts, transmits or makes available through the Service, the use of and connection to the Service by, the user of the FTD website, the violation of the TOU or of any rights of another by the user of the FTD website.

11. NO RESALE OF SERVICE

The user of the FTD website agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service, including any intellectual property rights of FTD or any person, firm or corporation having posted information for availability through the Service.

12. GENERAL PRACTICES REGARDING USE AND STORAGE

The user of the FTD website acknowledges that FTD may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on FTD's servers on behalf of the user of the FTD website, and the maximum number of times (and the maximum duration for which) the user of the FTD website may access the Service in a given period of time. The user of the FTD website agrees that FTD has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. The user of the FTD website acknowledges that FTD reserves the right to log off accounts that are inactive for an extended period of time. The user of the FTD website further acknowledges that FTD reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

13. MODIFICATIONS TO SERVICE

FTD reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The user of the FTD website agrees that FTD shall not be liable to the user of the FTD website or to any third party for any modification, suspension or discontinuance of the Service.

14. TERMINATION

The user of the FTD website agrees that FTD, in its sole discretion, may terminate the password, account (or any part thereof) of the user of the FTD website or the use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if FTD believes that the user of the FTD website has violated or acted inconsistently with the letter or spirit of the TOU or the FTD Acceptable Use Policy. FTD may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. The user of the FTD website agrees that any termination of the user's access to the Service under any provision of this TOU may be effected without prior notice, and acknowledges and agrees that FTD may immediately deactivate or delete the user's account and all related information and files in the user's account and/or bar any further access to such files or the Service. Further, the user of the FTD website agrees that FTD shall not be liable to the user of the FTD website or any third-party for any termination of its access to the Service.

15. DEALINGS WITH ADVERTISERS

The correspondence or business dealings, or participation in promotions of, advertisers found on or through the Service by the user of the FTD website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the user of the FTD website and such business, promoter or advertiser. The user of the FTD website agrees that FTD shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such businesses, promoters or advertisers on the Service.

16. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because FTD has no control over such sites and resources, the user of the FTD website acknowledges and agrees that FTD is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. The user of the FTD website further acknowledges and agrees that FTD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

17. FTD'S PROPRIETARY RIGHTS

The user of the FTD website acknowledges and agrees that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. The user of the FTD website further acknowledges and agrees that Content contained in sponsor advertisements or information presented to the user of the FTD website through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by FTD or advertisers, the user of the FTD website agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

FTD grants the user of the FTD website a personal, non-transferable and non-exclusive right and license to use the Service; provided that the user of the FTD website does not (and does not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sub license, grant a security interest in or otherwise transfer any right in the FTD website, the Software or the Content. The user of the FTD website agrees not to modify the Software in any manner or form, or to use modified versions of FTD website, the Software or the Content, including (without limitation) for the purpose of obtaining unauthorized access to the Service. The user of the FTD website agrees not to access the Service by any means other than through the interface that is provided by FTD for use in accessing the Service.

18. DISCLAIMER OF WARRANTIES

The user of the FTD website expressly understands and agrees that:

a) Its use of the Service is at its sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. FTD expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

b) FTD makes no warranty that (i) the service will meet the requirements of the user of the FTD website, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by the user of the FTD website through the service will meet its expectations, and (v) any errors in the Software will be corrected.

c) Any material downloaded or otherwise obtained through the use of the Service is done at the sole discretion and risk of the user of the FTD website and that it will be solely responsible for any damage to its computer system or loss of data that results from the download of any such material.

d) No advice or information, whether oral or written, obtained by the user of the FTD website from FTD or through or from the Service shall create any warranty not expressly stated in the TOU.

e) It waives any claims it now has, or in the future may have, which gives or provides the user of FTD with any cause of action whatsoever.

f) Notwithstanding any other provisions herein, user of FTD acknowledges that neither FTD or its Contributors, nor their affiliates or representatives shall be liable to the user of FTD, for special, incidental or consequential, special, direct or indirect damages arising directly or indirectly from any occurrence whatsoever (including without limitation loss of profits, loss of business opportunity, loss of property, of any nature whatsoever), whether or not such damages were foreseeable by FTD or its Contributors or any one of them was advised of the possibility of such damages and whether otherwise arising from any contractual, tortuous acts or omissions of either party or of their respective affiliates or representatives, and whether or not it had any knowledge, actual or constructive, that such damages might be incurred for having relied on the material, information, data or the Content presented or forming part of any of the FTD website, to make personal, medical, legal, tax, accounting, investment or financial decisions.

g) The user of FTD accepts total responsibility for any agreement, understanding or relationship the user of FTD enters into with any of the Contributors. Further, the user of FTD understands, acknowledges and agrees that FTD, in no manner whatsoever, endorses the said Contributors or whatever proposal may be presented by such Contributors and that FTD shall not be held liable for any claims of any nature whatsoever arising or resulting from any thesis or proposal of any of the Contributors, or from any agreement, understanding, association, investment or relationship concluded, agreed, made or established between the user of FTD and any of the Contributors, of any type and for any reason whatsoever.

h) The user of FTD understands, acknowledges and agrees that the FTD website is designed as an introduction tool only, and that FTD is not engaged in rendering, nor is it representing itself as rendering legal, tax, financial, accounting, medical or other professional advice or opinions of any nature whatsoever to the user of FTD.

i) The user of FTD hereby confirms that it qualifies as a "accredited investor" or as a "qualified purchaser" pursuant to all applicable North American legislation relating to the distribution and/or sale of securities.

j) The user of FTD understands, acknowledges and agrees that it is its own responsibility to obtain independent legal, tax, financial, accounting, medical or other professional advice with respect to evaluating, agreeing, establishing and/or implementing any relationship or investment based on any of the material, information or strategies presented on the FTD website. Further, it is highly recommended that the user of FTD take adequate time to review and evaluate whatever material or information received with whichever independent professional advisors the user of FTD deems appropriate.

19. LIMITATION OF LIABILITY

The user of the FTD website expressly understands and agrees that FTD shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if FTD has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of transmissions or data of the user of the FTD website; (iv) statements or conduct of any third party on the Service; (v) any agreement, understanding or relationship the user of the FTD enters into with any of the Contributors or any other person or entity with whom it has been put in contact through the FTD website; or (vi) any other matter relating to the Service.

20. EXCLUSIONS AND LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 17 and 18 may not apply to the user of the FTD website.

21. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS

If the user of the FTD website intends to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning investments or securities, it is hereby urged to read the above Sections 17 and 18 again. These Sections apply with absolute rigour to the user of the FTD website. In addition, for this type of information particularly, the phrase "LET THE INVESTOR BEWARE" is paramount. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. FTD and its service providers and suppliers shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any strategy, trading or investment decisions made based on such information.

22. NOTICE

Notices to the user of the FTD website may be made via either e-mail or regular mail. The Service may also provide notices of changes to the TOU or other matters by displaying notices or links to notices to the user of the FTD website generally on the Service.

23. TRADEMARK INFORMATION

FTD, the FTD logo, the FTD design, and the FTD stylized, trademarks and service marks, and other FTD logos and product and service names are trademarks of FTD (the "FTD Marks"). Without FTD's prior permission, the user of the FTD website agrees not to display or use in any manner, the FTD Marks.

24. GENERAL INFORMATION

The TOU, the FTD subscription documentation Terms and Conditions and the FTD Acceptable Use Policy, as posted on the FTD website and amended, at any time and from time to time, constitute the entire agreement between the user of the FTD website and FTD and govern the use of the Service by the user of the FTD website, superseding any prior agreements between the user of the FTD website and FTD. The user of the FTD website also may be subject to additional terms and conditions that may apply when the user of the FTD website uses affiliate services, third-party content or third-party software. The TOU, the FTD Acceptable Use Policy and the relationship between the user of the FTD website and FTD shall be governed by the laws in force in the United Kingdom, without regard to its conflict of law provisions. The user of the FTD website and FTD agree to submit to the personal and exclusive jurisdiction of the courts located within the country of Great Britain. The failure of FTD to exercise or enforce any right or provision of the TOU, the FTD subscription documentation Terms and Conditions or the FTD Acceptable Use Policy shall not constitute a waiver of such right or provision. If any provision of the TOU, the FTD subscription documentation Terms and Conditions or the FTD Acceptable Use Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU, the FTD subscription documentation Terms and Conditions and the FTD Acceptable Use Policy remain in full force and effect. The user of the FTD website agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU, the FTD subscription documentation Terms and Conditions and the FTD Acceptable Use Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOU are for convenience only and have no legal or contractual effect.

FundThatDeal

private funding for real estate

WEBSITE TERMS OF USE