CaseFunders - Terms of Use

THIS TERMS OF USE INCLUDES AN ARBITRATION AGREEMENT, JURY TRIAL WAIVER, AND CLASS ACTION WAIVER THAT AFFECT YOUR RIGHTS. PLEASE READ THE DISPUTE RESOLUTION SECTION CAREFULLY.

Agreement to Terms

These Terms of Use (“Terms”) govern your access to and use of the websites, applications, and related services operated by CaseFunders Technologies (“CaseFunders,” “we,” “us,” or “our”) (collectively, the “Platform”).

By accessing or using the Platform, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Platform.

1. Definitions

For purposes of these Terms:

• You / Your: the individual accessing or using the Platform and, if applicable, any entity on whose behalf the Platform is used.
• Consumer: an individual who uses the Platform to explore, request, or compare potential funding or payment options.
• Firm: a law firm or legal professional using the Platform to invite a Consumer and/or view workflow status.
• Provider: third-party providers, financial institutions, lenders, or other third parties that may offer products or services that you may view, request, or access through or in connection with the Platform.
• Content: all text, data, software, code, interfaces, graphics, images, audio, video, and other materials on the Platform.

2. Changes to the Platform or Terms

We may modify the Platform or these Terms at any time. Changes are effective upon posting. Your continued use of the Platform after changes are posted constitutes acceptance of the updated Terms.

3. Eligibility; Use in the United States

The Platform is intended for individuals who are at least 18 years old and located in the United States. By using the Platform, you represent that you meet these requirements.

4. Platform; No Attorney Requirement

The Platform may allow Consumers to explore or request potential options with Providers, including without an attorney or Firm involved. The Platform may also allow Firms to invite Consumers and view workflow status.

CaseFunders is not a lender and does not make credit decisions or guarantee approvals, offers, or specific terms. Providers (not CaseFunders) determine eligibility, approval standards, and the terms of any products or services you may pursue.

You understand that:

• Any displayed terms or offers may be conditional and may change.
• You may be required to complete a separate process directly with a Provider to proceed.
• CaseFunders does not guarantee that you will receive any offer, that any offer will be available in your state, or that any offer will remain available.

5. Providers; Third-Party Services

The Platform may connect you to Providers or other third parties. Providers are independent, and their products/services are governed by their own terms and privacy practices. CaseFunders does not control Provider decisions, underwriting, pricing, availability, or performance. Your relationship with a Provider is directly between you and that Provider. CaseFunders is not responsible for any Provider’s acts or omissions.

6. Information You Provide

You agree to provide accurate, current, and complete information when using the Platform, and to update information as needed. You understand that inaccurate information may affect your ability to receive or pursue Provider options.

7. Electronic Communications; Email and SMS/Text

By using the Platform and providing your contact information, you consent to receive communications from CaseFunders electronically, including by email and SMS/text, for:

• service and transactional purposes (e.g., invitations, confirmations, status updates, security notices), and
• where permitted, marketing or informational messages.

Message and data rates may apply. Consent to receive texts is not a condition of purchase. You may opt out of marketing texts by replying STOP (or as otherwise instructed in the message). You may opt out of marketing emails using the unsubscribe link in those emails. You may still receive important transactional or service communications.

8. Accounts (If You Create One)

Some features may require an account. If you create an account, you are responsible for maintaining the confidentiality of your credentials and all activity under your account. Notify us promptly if you believe your account has been compromised.

9. Acceptable Use; Prohibited Conduct

You agree not to, and not to attempt to:

• violate any law or regulation;
• interfere with, disrupt, impair, or harm the Platform or related systems;
• gain unauthorized access to the Platform, accounts, data, or networks;
• reverse engineer, decompile, disassemble, or attempt to derive source code or underlying ideas from any portion of the Platform;
• use bots, scrapers, spiders, or other automated means to access the Platform without our prior written permission;
• use or access the Platform or Content to develop, train, or improve any artificial intelligence or machine learning models without our prior written consent;
• upload or transmit malware or other harmful code;
• impersonate another person or misrepresent affiliation.

We may suspend or terminate access for any violation or suspected misuse.

10. Ownership; Intellectual Property

The Platform and Content are owned by or licensed to CaseFunders and are protected by intellectual property laws. Except as expressly permitted, you may not copy, reproduce, distribute, publicly display, modify, create derivative works from, or otherwise exploit the Platform or Content. Nothing in these Terms grants you any ownership rights in the Platform or Content.

11. Feedback

If you submit comments, ideas, or suggestions, you grant CaseFunders the right to use them without restriction or compensation.

12. Disclaimers

THE PLATFORM AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, CASEFUNDERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.

CaseFunders does not warrant that the Platform will be uninterrupted, error-free, secure, free of harmful components, or that any specific results will be achieved.

CaseFunders does not provide legal, financial, tax, or investment advice.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

CASEFUNDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF USE, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION) ARISING FROM OR RELATING TO YOUR USE OF THE PLATFORM.

IN NO EVENT WILL CASEFUNDERS’ TOTAL LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS (US $100.00) IN THE AGGREGATE.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

14. Indemnification

You agree to defend, indemnify, and hold harmless CaseFunders and its officers, directors, employees, contractors, and affiliates from and against any claims, losses, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of law; or (d) your infringement of third-party rights.

15. Dispute Resolution; Arbitration; Class Action Waiver; Jury Trial Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

15.1 Mandatory Informal Dispute Resolution

Before initiating arbitration or litigation (except as provided in Section 15.3), you agree to first send a written notice describing the dispute and the relief requested to support@casefunders.com. The parties will attempt in good faith to resolve the dispute for 30 days after receipt of the notice.

15.2 Arbitration Agreement

Except as provided in Section 15.3, any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or the relationship between you and CaseFunders (each, a “Dispute”) will be resolved by final and binding individual arbitration, not in court.

This arbitration agreement is governed by the Federal Arbitration Act.

The arbitration will be administered by JAMS under its applicable rules. The arbitration will be conducted by a single arbitrator. The arbitration may be conducted by videoconference, telephone, or written submissions unless the arbitrator determines that an in-person hearing is necessary.

15.3 Exceptions

• Bring an individual claim in small claims court if it qualifies and remains individual; and
• Seek injunctive or equitable relief in a court of competent jurisdiction to prevent actual or threatened misuse of the Platform or infringement or misappropriation of intellectual property or confidential information.

15.4 Class Action Waiver

You and CaseFunders agree that Disputes will be brought only on an individual basis. You waive any right to participate in a class, collective, consolidated, representative, or private attorney general action.

15.5 Jury Trial Waiver

To the fullest extent permitted by law, you and CaseFunders waive the right to a jury trial.

15.6 Severability

If any portion of this Section 15 is found unenforceable, the remainder will remain in effect.

16. Governing Law

Except as otherwise provided in Section 15 (Dispute Resolution), these Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles.

17. Termination

We may suspend or terminate your access to the Platform at any time. Provisions that by their nature should survive (including ownership, disclaimers, limitation of liability, indemnity, and dispute resolution) will survive.

18. Entire Agreement

These Terms, together with the Privacy Policy and any additional terms expressly incorporated by reference, constitute the entire agreement between you and CaseFunders regarding your use of the Platform and supersede any prior or contemporaneous communications on the subject matter.

19. Contact; Notices

Questions about these Terms or the Platform may be sent to: