Terms of Service
August 1, 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 Site owned and/or operated by 1andFund, LLC (“1andFund” “we,” or “us”). This 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, understand, and agree 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 in 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 or use of the Site after any modifications have become effective shall be deemed your conclusive acceptance of the modified Terms of Service.
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.
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”). This Term shall bind consumers, and Contractors shall be bound by these Terms, except as specifically amended or replaced by a separate written agreement between such Contractor and 1andFund.
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. You do not need to provide your social security number or other sensitive information. 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 determine to proceed with financing through such a third-party lender, the lender may conduct a hard credit inquiry may be conducted by such lender. If the lender approves your loan application, and you decide to proceed with lending, the lender will provide you loan documentation directly, and all future interaction related to such loan shall be between you and such third-party lender, and not 1andFund.
During the application process, you may be asked to become a member of a credit union. Details associated with this request will be provided prior to your loan being 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 solely through the Internet, you must consent to receive all disclosures, notices, documents, agreements, and information associated with the Services (“Communications”) electronically in order to transact business with us. This section informs you of your rights when receiving electronic Communications from 1andFund.
Electronic Communications. You agree that 1andFund, its agents, and representatives may provide all Communications to you electronically via email or through our Site.
Access/Software Requirements. In order to access and receive electronic Communications, you must have: (1) a valid email address and phone number; (2) a computer or other mobile device (such as a tablet or smartphone); (3) a connection to the Internet; and (4) the latest, current version of a web browser compatible with the Site, such as Chrome, Safari, Firefox, or Microsoft Edge web browser.
Additional Mobile Technology Requirements. If you access our Site and Communications electronically via a mobile device (such as a smartphone or tablet), in addition to the above requirements, you must make sure that you have software on your mobile device that allows you to print and save the Communications presented to you. If you do not have these capabilities on your mobile device, please access our Site through a device that provides these capabilities.
Withdrawing Consent. You may withdraw your consent to receive future Communications electronically by changing your settings on the 1andFund borrower portal or by sending an email to support@1andFund.com with the subject line “Withdraw Electronic Consent” and including your full name, US Postal Address, email address, and telephone number in the body of the email. Your withdrawal of consent will be effective only after we have had a reasonable period to process your request.
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 auto 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 TEXTS: 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 autodialed 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.
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.
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 agree 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, title, and interest, all 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 to 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 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.
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.
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.
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.
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.
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.