Terms of Service | The Funderground

1. Acceptance of Terms

By accessing or using The Funderground ("Platform," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all Terms, do not use the Platform.

2. Eligibility

You must be at least 18 years old, a US resident, and have the legal capacity to enter into contracts. By registering, you represent and warrant that you meet these requirements.

3. Platform Role

The Funderground is an information and matching service only. We are not a real estate broker, dealer, lender, investment advisor, or securities intermediary. We do not verify the accuracy of listing information, guarantee investment returns, or endorse any deal posted on the Platform.

4. No Money Handling

The Funderground does not hold, transmit, or escrow any funds. All financial transactions occur directly between matched parties off the Platform. We are not responsible for any funds exchanged between users.

5. Matches Are Non-Binding LOIs

All matches submitted on the Platform are non-binding Letters of Intent (LOIs). No match, acceptance, or counter creates a legally binding obligation. A binding contract is formed only when both parties electronically sign the platform-generated deal agreement.

6. Identity Verification

Identity verification is optional but encouraged. Verified users earn a checkmark on their profile. If you choose to verify, you agree to provide accurate information. Providing false or misleading information during verification is grounds for immediate account termination.

7. User Conduct

You agree not to: (a) post fraudulent or materially misleading deal information; (b) harass or threaten other users; (c) attempt to circumvent Platform fees or verification; (d) use the Platform for any unlawful purpose; (e) reverse engineer or scrape the Platform.

8. Subscription and Payment

Funders pay a monthly subscription for access to match on listings. Investors may pay for tier upgrades or listing boosts. Subscriptions auto-renew until canceled. Refunds are not provided for partial billing periods. All prices are in USD.

9. Due Diligence

You are solely responsible for conducting your own due diligence on any deal before entering into any agreement. The Funderground does not verify deal merit, property values, or the accuracy of any information provided by other users.

10. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE COMPLETION OR PROFITABILITY OF ANY DEAL.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FUNDERGROUND'S LIABILITY IS LIMITED TO THE FEES YOU PAID IN THE 12 MONTHS PRECEDING THE CLAIM. WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES.

12. Indemnification

You agree to indemnify and hold harmless The Funderground and its officers, directors, employees, and agents from claims arising from your use of the Platform, your listings or matches, or your violation of these Terms.

13. Dispute Resolution

All disputes shall be resolved by binding arbitration under the AAA Commercial Arbitration Rules. Governing law is Delaware. Class action waiver applies. You waive the right to a jury trial.

14. Termination

We may terminate or suspend your account for cause, including but not limited to fraud, Terms violations, or non-payment. Upon termination, your right to use the Platform ceases immediately.

15. Changes to Terms

We will provide 30 days notice for material changes to these Terms. Continued use after the effective date constitutes acceptance.

16. Contact

For questions about these Terms, contact us at legal@thefunderground.com.

Disclaimer: These Terms are a placeholder template for prototype purposes. They have not been reviewed by an attorney. Do not accept real users until an attorney has reviewed and approved these Terms.