Terms of Service

December 19, 2023

PLEASE READ THESE TERMS OF SERVICE (“TERMS” OR “TERMS OF SERVICE”) CAREFULLY. BY ACCESSING AND USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS BELOW. THESE TERMS ARE SUBJECT TO CHANGE. CHANGES WILL BE POSTED TO THIS SITE, WHICH WILL BE YOUR NOTICE OF A CHANGE IN THE TERMS. IF YOU DO NOT AGREE TO THE TERMS STATED HEREIN, PLEASE EXIT THIS SITE IMMEDIATELY.

You are currently using a website, mobile application, or other online or mobile service that links to or otherwise presents these Terms of Service to you, in each case owned and/or operated by 1andFund, LLC (“1andFund,” “we,” or “us”). The 1Look Site (“Site”) and any of the services provided by 1andFund in connection with this Site (“Services”) are provided expressly subject to these Terms of Service. By accessing the Site, you (“you” or “User”) acknowledge that you have read, understood, and agreed to be bound by these Terms of Service. If any provision contained in these Terms of Service conflicts with a provision contained in another agreement that you enter into with 1andFund or related to the 1andFund Services, the provision of the other agreement shall govern with respect to that specific aspect of the Site or Services.

Changes and Modifications

1andFund reserves the right, at its sole discretion, to temporarily or permanently change or modify these Terms of Service or discontinue the Site, or any portion of the Site, for any reason, at any time without notice to you. Please review these Terms of Service from time to time because your continued access to or use of the Site after any modifications have become effective shall be deemed your conclusive acceptance of the modified Terms of Service.

Eligibility

General Eligibility

This Site is intended for individuals who are residents of the United States and at least eighteen (18) years of age, and any access by individuals who are under the age of 18 is in violation of these Terms of Service. If you are under 18, please exit this Site now. By using the Site, you represent that you are a resident of the United States and 18 or older and that you agree to abide by all of the terms and conditions of these Terms of Service. Unauthorized use of the Site or Services, including unauthorized access to 1andFund’s systems and misuse of passwords or Site information, is strictly prohibited. If you violate any of these Terms of Service or any other agreement between you and 1andFund, then 1andFund may restrict, suspend, or terminate your access to any portion or all of the Site and Services without notice.

Specific Eligibility

This site is intended to be used by home improvement contractors or other parties seeking to assist consumers in obtaining financing through third-party lenders (“Contractors”) or consumers seeking such financing (“Consumers”).  Consumers shall be bound by this Term, and Contractors shall be bound by these Terms, except as specifically amended or replaced by a separate written agreement between such Contractor and 1andFund.

Privacy

Your privacy is very important to us. Please carefully read our Privacy Policy https://oneandfund.com/edisonprivacy, which details how 1andFund treats your personal information.

Lending and Credit Checks

1andFund is not a lender and does not underwrite loans or other financial service products in any way.  If you are using this site to obtain financing from a third-party lender, 1andFund may conduct a soft credit inquiry as part of our evaluation process. A soft credit inquiry does not affect your credit score, will not be visible to creditors, and will not impact your creditworthiness.  This inquiry allows us to match you with contractors who may be able to offer you special financing programs.

However, if you are matched with a third-party lender and decide to proceed with financing through such a third-party lender, you will be asked for your social security number, and a hard credit inquiry may be conducted by such a lender.  If the lender approves your loan application and you decide to proceed with lending, the lender will provide you with loan documentation directly, and all future interactions related to such a loan shall be between you and such a third-party lender and not 1andFund.

During the application process, you may be asked to become a credit union member. Details associated with this request will be provided before your loan is funded.

Service Rights and Restrictions, Intellectual Property

All material and content on this Site and the Services, including but not limited to text, data, articles, designs, software, photos, images, and other information (collectively the “Site Content”), are proprietary to and the property of 1andFund or the relevant third-party owner, with all rights reserved. You may not use, copy, reproduce, distribute, republish, display, post, transmit, or sell Site Content in any form or by any means without the express prior written approval of 1andFund or the respective owners of such Site Content. You acknowledge that all Site Content is and shall remain the sole property of 1andFund or the relevant owner. You may only access and use the Site and the Services for their intended purpose, and any access to or use of the Site or Services that is not expressly authorized herein is strictly prohibited.

Nothing on this Site should be construed as granting the User any license or right to use any Site Content within the Services or the Site, whether owned by 1andFund or a third party, without prior written approval of 1andFund or the respective owner. All third-party marks, products, and company names are the property of their respective owners. Unless expressly provided, use of such marks does not imply any affiliation with, endorsement by, or association of any kind between such owners and 1andFund.

Consent to Conduct Business Electronically

Because 1andFund operates its platform online and conducts its business primarily through the Internet, you must consent to receive all disclosures, notices, documents, agreements, and information associated with the Services electronically in order to transact business with us. Our Electronic Communications Consent Terms, relating to communications through the Internet, are attached hereto as Appendix A.  By accessing and using this Site, you agree to be bound by the Electronic Communications Consent Terms, which are incorporated into these Terms.

Telephone Communications. By accepting these Terms of Service, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes at any telephone number or physical or electronic address you provide to us. You agree we may contact you in any way, including SMS text messages, calls using prerecorded messages or artificial voice, and calls and messages delivered using an automatic telephone dialing system or an automated texting system. Automated messages may be played when the telephone is answered, whether by you or someone else; in the event that an agent or representative calls, he or she may also leave a message on your answering machine, via voice mail, or via text.

You consent to receive SMS messages (including text messages), calls, and messages (including prerecorded and artificial voice and auto-dialed) from us, our agents, representatives, affiliates, or anyone calling on our behalf at the specific number(s) you have provided to us, or number(s) we can reasonably associate with your account (through skip tracing, caller ID capture, or other methods), with information or questions about your request, application, loan, and/or account. You certify, warrant, and represent that the telephone numbers that you have provided to us are your numbers and not someone else’s. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to alert us whenever you stop using a particular telephone number. For more information on SMS text messages, please see the Account Alerts Terms and Conditions page at www.1andFund.com/sms.

Marketing Calls and Tests: We will not use auto-dialed or prerecorded calls or texts to contact you for marketing purposes unless you provide us with prior express written consent. If you have provided consent to receive marketing calls, you agree that 1andFund’s employees, agents, and representatives may use autodialer or pre-recorded phone calls and SMS text messages to contact your mobile phone at the number you provide for the purpose of describing goods and services that may be of interest to you, whether offered by 1andFund, affiliates, or third parties. If provided, your consent will be effective even if the number you have provided is registered on any state or federal Do-Not-Call (DNC) list. This consent for telemarketing calls shall remain in effect until you revoke it. Your consent to receive telephone communications is not a condition of obtaining any product or service and may be revoked at any time by email at support@1andFund.com, by writing to us at 1andFund, c/o Legal Department, 1835 E. Edgewood Dr., Suite 10549, Appleton, WI 54913.

Standard calling and text messaging rates will apply based on your cellular telephone carrier and service plan.

Changes in Contact Information. Please keep us informed of any changes in your contact information so that you can continue to receive timely electronic Communications from us. You may update your contact information by emailing support@1andFund.com or by writing to us at the Legal Department, 1835 E. Edgewood Dr., Suite 10549, Appleton, WI 54913.

Copyright Complaints

If you believe that any material on the Site infringes upon any copyright that you own or control, you may send a written notification to us via email at support@1andFund.com or via regular mail at Legal Department, 1835 E. Edgewood Dr., Suite 10549, Appleton, WI 54913. 

Feedback/Suggestions

If you choose to submit input, comments, suggestions, ideas, surveys, feedback, or other information about the Services (“Feedback”) to 1andFund, you grant 1andFund the right to exploit the Feedback in any manner and for any purposes, and you agree that the Feedback shall be the sole property of 1andFund. You further agree that 1andFund can use the Feedback without any restriction, acknowledgment, or compensation to you. 1andFund shall own all exclusive rights, title, and interest, all developments based upon, and all intellectual property in the Feedback. You hereby assign and agree to assign to us all rights, titles, interests, developments, and all intellectual property you may have in such Feedback.

Third-Party Providers and Websites

1andFund may rely on third-party providers to assist us in making the Services available to you. The Site may contain links to sites and resources provided by third parties. We are not responsible for the information practices employed by sites linked to or from our Site. Your use of such features constitutes your agreement to be bound by the additional terms and conditions and the privacy policies, as applicable, of relevant third-party providers. You should review the privacy policies and terms and conditions of such third parties prior to using those features and providing any personal information. By selecting and utilizing those features as part of the Services, you acknowledge that we and our third-party providers may access your account on your behalf and gather information about you and that the third party may transfer, store, and process your information in accordance with their respective privacy policies. YOU FURTHER AGREE 1ANDFUND HAS NO LIABILITY TO YOU ARISING OUT OF YOUR USE OF THIRD-PARTY PROVIDER SOFTWARE OR WEBSITES.

Disclaimer of Warranties

1ANDFUND PROVIDES THE SITE AND SERVICES “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADDITIONALLY, 1ANDFUND MAKES NO CLAIM OR GUARANTEE AS TO THE ACCURACY OF ANY INFORMATION PROVIDED ON THE SITE. 1ANDFUND FURTHER MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO ANY THIRD-PARTY PROVIDER SOFTWARE OR WEBSITES USED BY YOU IN CONNECTION WITH THE SERVICES

Limitation of Liabilities

IN NO EVENT WILL 1ANDFUND OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR LOST PROFITS OR ANY OTHER SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES ARISING FROM YOUR USE OF THE SITE OR SERVICES, EVEN IF 1ANDFUND IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT ALLOWED BY APPLICABLE LAW, 1ANDFUND’S LIABILITY TO YOU FOR ANY CAUSE OF ACTION, REGARDLESS OF FORM, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO 1ANDFUND, IF ANY, IN THE PRIOR TWELVE (12) MONTHS.

Indemnification

You agree to indemnify, defend, and hold harmless 1andFund and its affiliates, officers, directors, employees, agents, and representatives for damages, losses, liabilities, settlements, and expenses (including without limitation costs and attorneys’ fees), arising in connection with any claim, suit, proceeding, or other action arising from your use of the Site or Services, your conduct in connection with your use of the Site or Services, your use of third-party provider software or websites in connection with your use of the Site or Services, or any violation of these Terms of Service or of any law or the rights of any third party.

Miscellaneous

Choice of Law, Jurisdiction and Venue

These Terms of Service shall be governed by the laws of the State of Wisconsin without regard to any conflict of laws provision. You irrevocably consent to the exclusive jurisdiction and venue of the United States District Court for the Eastern District of Wisconsin in connection with any dispute or the enforcement of any right arising from these Terms of Service.

Severability

If any provision of these Terms of Service is held by a court of competent jurisdiction to be unenforceable for any reason, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of these Terms of Service shall remain in full force and effect.

Waiver

1andFund’s failure or delay in exercising any right, power, or remedy under these Terms of Service shall not operate as a waiver of any such right, power, or remedy.

Contacting Us

If you have questions, comments, or complaints regarding these Terms of Service, the Site, or Services, you may email us at support@1andFund.com or write to 1andFund, 1835 E. Edgewood Dr., Suite 10594, Appleton, WI 54913.

 

Appendix A

  1. Electronic Communications Consent Terms

December 6, 2023

Introduction. In order for 1andFund, LLC (“we” or “us”) to find your offers from participating lending partners, the participating lending partners must obtain your consent to respond to certain offer requests or other communications electronically (“E-Consent”). These E-Consent Terms notify you of your rights when receiving electronic disclosures, records, notices, and information (“Electronic Communications”). By submitting an application through the 1andFund lender portal, you acknowledge that you have received these E-Consent Terms and that you consent to conduct these transactions using Electronic Communications.

Option for Paper or Non-Electronic Records. You may request a paper copy of any Electronic Communications by contacting the participating lending partner directly. The participating lending partners will provide paper copies at no charge and will retain records of Electronic Communications, in each case as applicable law requires.

Scope of Consent. This E-Consent applies to all online interactions concerning your offer requests, including interactions engaged on any computer, mobile device, or tablet, whether with us or with a participating lending partner. By signing up for our platform, you are consenting to having participating lending partners process your information and interact with you electronically. Participating lending partners may also electronically send you notices related to your offer requests. Such notices may be provided online at our or the participating lending partners’ websites and may also be provided by e-mail.

Consenting to Do Business Electronically. Before you decide to do business electronically with the participating lending partners, you should consider whether you have the required hardware and software capabilities described below.

Hardware and Software Requirements. To access and retain Electronic Communications, you will need a device capable of accessing the Internet, access to an e-mail account, and an Internet browser that supports 128-bit encryption. To read certain documents, you may also need a PDF file reader like Adobe® Acrobat Reader. To retain a copy of Electronic Communications for future reference, you will need a printer or a storage device with sufficient space, such as your computer’s disk drive. You may send any questions regarding the hardware and software requirements directly to the participating lending partners.

Withdrawing Consent. Your E-Consent with respect to Electronic Communications about offer requests submitted through our platform cannot be withdrawn because each request is a one-time transaction. If you choose to apply for an offer with a participating lending partner on the participating lending partner’s site, you may be asked to consent to further electronic communications from the participating lending partner before you are able to obtain credit.

Updates to Your Contact Information. If you choose to apply for an offer with a participating lending partner, you should keep the participating lending partner informed of any change in your e-mail or mailing address by logging into the participating lending partner’s website or by sending the participating lending partner a written update by mail.

CONSENT. BY SIGNING UP FOR OUR PLATFORM, YOU GIVE YOUR AFFIRMATIVE ASSENT TO THESE E-CONSENT TERMS AND ACKNOWLEDGE THAT YOU ARE ABLE TO ACCESS THE ELECTRONIC COMMUNICATIONS AS DESCRIBED ABOVE.