Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS (THE "Agreement" OR "Terms and Conditions") CAREFULLY BEFORE USING THE SERVICES OFFERED BY FundaGeek, LLC ("Company"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR USE OF THE WEBSITE FOUND AT www.fundageek.com (THE "Site") AND THE WEB-BASED SERVICE OWNED AND OPERATED BY COMPANY (COLLECTIVELY WITH THE SITE, THE "Service"). BY USING THE SITE OR SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS (THE “Member”) OF THE SITE OR SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE SITE. SPECIAL ATTENTION SHOULD BE TAKEN TO THE NON-DISCLOSURE TERMS OF THIS AGREEMENT AS THEY APPLY TO PRIVATE PROJECTS LISTED ON THE SITE.

As a Registered Member of www.FundaGeek.com (the “Site”), you understand that for the purpose of allowing you to decide if you would like to support a project by making a pledge, you will have access to viewing the content of all the Private Projects posted by Project Owners on the Site. These Private Projects may include, but is not limited to, Project Owners’; prototypes, samples, technical data, trade secrets, knowhow, actual and anticipated research, developments or products, product plans, services, software, inventions, processes, discoveries, formulas, architectures, concepts, ideas, designs, drawings, marketing plans, distribution methods, diagrams, studies, work in process, visual demonstrations, manufacturing plans, and other data whether written, graphic, or electronic form all of which shall be considered “Confidential Information”.

By acceptance of these Terms and Conditions you agree to keep the Private Projects content in the strictest confidence. You will not disclose or discuss the content with anyone other than another registered user of this Site that has already agreed to these Terms and Conditions.

However, you have no obligation to treat as confidential any information which: a) was in your possession or known to you, without an obligation to keep it confidential, before such information was viewed by you on this Site; b) is or becomes public knowledge through a source other than you and through no fault of yourself; or c) is or becomes lawfully available to you from a source other than this Site.

Acceptance of Terms

The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein, which also incorporates the Privacy Policy available at www.fundageek.com/privacy, and all other operating rules, policies and procedures that may be published from time to time on the Site by Company, each of which is incorporated by reference and each of which may be updated by Company from time to time without notice to the Members. In addition, some services offered through the Service may be subject to additional terms and conditions disseminated by Company from time to time; the use of such services is subject to those additional terms and conditions, which are incorporated into these Terms and Conditions by this reference.

The Service is available only to individuals who are at least 18 years old. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.

Modification of Terms and Conditions

Company reserves the right, at its sole discretion, to modify or replace any of the Terms and Conditions, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, catalog, or content) at any time by posting a notice on the Site or by sending an email to the Members. Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is the Member’s responsibility to check the Terms and Conditions periodically for changes. Continued use of the Service following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes.

Rules and Conduct

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms and Conditions. The Service includes, without limitation, any Content or Member Submissions (both as defined below) that is provided only for your own personal, non-commercial use (except as allowed by the terms set forth in the Projects: Fund-Raising section of the Terms and Conditions). You are responsible for all of your activity in connection with the Service. For purposes of the Terms and Conditions, the term "Content" includes, without limitation, any Member Submissions, videos, documents, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Company or its partners on or through the Service.

By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, including without limitation any Member Submission, that:
  • you know is false, misleading, untruthful or inaccurate;
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, obscene, offensive, or profane;
  • constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam or chain letters;
  • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Company or any third party; or
  • impersonates any person or entity, including any employee or representative of Company.

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Company in its sole discretion) an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Company may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run Maillist, Listserv, any form of auto-responder or "spam" on the Service; or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site.

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

Company does not guarantee that any Content or Member Submissions (as defined below) will be made available on the Site or through the Service. Company has no obligation to monitor the Site, Service, Content, or Member Submissions. However, Company reserves the right to (i) remove, edit or modify any Content in its sole discretion, including without limitation any Member Submissions, from the Site or Service at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have violated the Terms and Conditions), or for no reason at all and (ii) to remove or block any Member Submissions from the Service.

Registration

You may browse the Site and view Public Projects Content without registering, but as a condition to view Private Projects and to use certain aspects of the Service, you may be required to register with Company and select a password and e-mail address (“Member Account"). You shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms and Conditions, which may result in immediate termination of your Company account. You shall not (i) select or use as a Member Account or a domain name of another person with the intent to impersonate that person; (ii) use as a Member Account or a domain name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Member Account or a domain name that is otherwise offensive, vulgar or obscene. Company reserves the right to refuse registration of, or cancel a Member Account and domain name in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Company password. You shall never use another user’s account without such other user’s express permission. You will immediately notify Company in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

Projects: Fund-Raising

FundaGeek.com ("FundaGeek") is a venue for fund-raising. FundaGeek allows certain users ("Project Owners") to list projects and raise funds from other users ("Backers"). All funds are collected for Project Owners by PayPal. FundaGeek does not, at any time, receive or hold any monies intended for Project Owners.

FundaGeek shall not be liable for your interactions with any organizations and/or individuals found on or through the FundaGeek service. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties or representations associated with listings on FundaGeek. FundaGeek does not oversee the performance or punctuality of projects. FundaGeek is not responsible for any damage or loss incurred as a result of any such dealings. All dealings are solely between you and such organizations and/or individuals. FundaGeek is under no obligation to become involved in disputes between Backers and Project Owners, or between site members and any third party. In the event of a dispute, you release FundaGeek, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.

Though FundaGeek cannot be held liable for the actions of a Project Owner, Project Owners are nevertheless wholly responsible for fulfilling obligations both implied and stated in any project listing they create. Project Owners cannot offer equity or a financial return of any kind (including loans) to Backers through this Site (due to SEC regulations and State’s Blue Sky Laws), nor sweepstakes, lotteries or raffles as a reward or enticement for a pledge. FundaGeek reserves the right to cancel a project listing and cancel all associated members' pledges at any time for any reason. FundaGeek reserves the right to remove a project listing from public or private listings for any reason.

FundaGeek makes no guarantees regarding the performance or fairness of PayPal. Additionally, because of occasional failures of some credit cards, FundaGeek cannot guarantee the receipt of all pledges posted when funded.

Project Owners may initiate refunds at their own discretion. FundaGeek is not responsible for issuing refunds for funds that have been collected by Project Owners.

FundaGeek reserves the right to cancel, interrupt or suspend a project at any time for any reason.

Supporting Projects

FundaGeek may provide you the opportunity to support, through contributions, Projects listed on the Site. You may contribute to any Project which is in Funding in any amount you choose. You may contribute to as many Projects as you like.

It is solely your choice to contribute to a Project. You understand that making a contribution to a Project does not give you any rights in or to that Project, including without limitation any ownership, control, or distribution rights, and that the Project Owner shall be free to solicit other funding for the Project, enter into contracts for the Project, allocate rights in or to the Project, and otherwise direct the Project in its sole discretion. FundaGeek does not guarantee that any Project's Goal Amount will be met. Any Rewards offered to you are between you and the Project Owner only, and FundaGeek does not guarantee that Rewards will be delivered or satisfactory to you. FundaGeek does not warrant the use of any Project Funding or the outcome of any Project. It is important that you be aware from the start that there is “risk” involved with any project, from the idea stage through to completion: some projects have to be postponed, while others simply (and unfortunately) have to be abandoned.

As someone who pledges money to a project on FundaGeek, you acknowledge that your pledge is not an investment, nor are you to gain any financial reward by supporting a project. You do so out of a desire to support the project, the Project Owner, or the “greater good” brought by their project being successfully achieved or implemented, as well as for any reward or offer to you for making the pledge.

Any form of e-commerce comes with its risks. We have chosen PayPal as our payment gateway, because of their checks and balances. FundaGeek also recommends for Project Owners to include in their project description links to any articles about them or their projects to give possible supporters an idea of whom they are supporting. You need to satisfy yourself as to the identity or bona fides of the Project Owner, the project’s feasibility, the Project Owner’s capacity to carry out the project and fulfill any reward offered.

It is your sole responsibility to satisfy yourself as to these matters and you should make your own inquiries and investigations and as to the validity/legality of the project profile information posted by the Project Owner on the Site. Your inquiries and investigations have been made by means, in addition to using the information on the Site. At the end of the day, FundaGeek does not warrant the projects or Project Owners, and you really need to rely on your own investigations.

Contributions to Projects are nonrefundable but prior to funding, a contribution may be cancelled. It is the sole responsibility of the Backer to monitor the progress of a project. Under certain circumstances FundaGeek may, but is under no obligation to, seek the refund of Project Funding if the Project Owner misrepresents the Project or misuses the funds. You acknowledge and agree that all your contributions are between you, the Project Owner, and PayPal only, and that FundaGeek is not responsible for contribution transactions, including without limitation any personal or payment information you provide to PayPal.

FundaGeek makes no representations regarding the deductibility of any contribution for tax purposes. Please consult your tax advisor for more information.

Fees and Payments

Joining FundaGeek is free. However, we do charge fees for certain services. All fees are collected for FundaGeek by PayPal. When you use a service that has a fee you have an opportunity to review and accept the fees that you will be charged, which we may change from time to time. Changes to that Policy are effective after we provide you with notice by posting the changes on the Sites. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the Sites.

You are responsible for paying all fees and applicable taxes associated with your use of the site. In the event a listing is removed from the Service for violating the Terms and Conditions, all fees paid will be non-refundable, unless in its sole discretion FundaGeek determines that a refund is appropriate.

All pledges made by Project Backers on FundaGeek are processed by PayPal which handles all the funds passing between the Project Backer and the Project Owner, in the following manner.

Project Funding

In the case of projects that reach the end of their campaign period, FundaGeek will notify Paypal to capture all pledge amounts for a project from the Project Backers and transfer the amounts to the Project Owner.

The funds are transferred directly to the project owners PayPal account. The payment process commences immediately after the project reaches its deadline and the process can take up to 14 days to complete. During this time PayPal will capture all pledges for the project and make every effort to collect outstanding payments prior to releasing the funds. FundaGeek does not benefit financially from the held funds as the funds are held and processed by PayPal and are never under the control of FundaGeek.

FundaGeek cannot guarantee full receipt of the total pledged amount due to declined credit card payments.

Delivery and Refunds

Funds collected for projects through the FundaGeek platform are nonrefundable and FundaGeek is not responsible for issuing refunds to Project Backers. FundaGeek authorizes PayPal to transfer the funds to the Project Owners for successful projects after the project deadline. Project Owners may initiate refunds at their own discretion. If, for any reason, FundaGeek is required to refund monies to Backers of a Project, the Project Owner will fully compensate FundaGeek for the amount refunded as well as any associated costs, including but not limited to transaction or administrative costs. Please contact admin@FundaGeek.com if you need further advice on this.

The Project Owner is wholly responsible for meeting any obligation or reward stated or implied in their project. FundaGeek is not responsible for the delivery of rewards stated in projects. Project Backers should contact the Project Owner if the delivery terms are not clearly stated in the project description.

Third Party Site

The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under Company's control, and you acknowledge that Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Company or any association with its operators. You further acknowledge and agree that Company 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 the use of or reliance on any such Content, goods or services available on or through any such website or resource, including links to sites, products or services listed on the Site’s Discount Resource Page.

Content and License

You agree that the Service contains Content specifically provided by Company or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service. Company grants each user of the Site and/or Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Company, or from the copyright holder identified in such Content's copyright notice. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.

Use of Widgets

FundaGeek may give you the opportunity to post a "widget," or code that creates a FundaGeek graphic and a link to the Site, on your personal blog, social network profile, or other locations on the Internet. You agree that your use of FundaGeek widgets is subject to this Agreement, that you will not post any FundaGeek widget on a web page containing content that is prohibited under the "Rules and Conduct" section of this Agreement, and that you will remove all FundaGeek widgets immediately upon termination of this Agreement.

Third Party Intellectual Property — Copyright Notifications

FundaGeek respects the intellectual property of others, and we ask our users to do the same. FundaGeek may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. FundaGeek will remove infringing materials in accordance with the Digital Millennium Copyright Act if properly notified that content infringes copyright.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide FundaGeek Copyright Agent with a written notification containing at least the following information (please confirm these requirements with your legal counsel, or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):
  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the FundaGeek Site, sufficient for FundaGeek to locate the material;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

If you believe that your work has been removed or disabled by mistake or misidentification, please provide the FundaGeek Copyright Agent with a written counter-notification containing at least the following information (please confirm these requirements with your legal counsel or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. §512(g)(3), for more information):
  • a physical or electronic signature of the subscriber/user of the Services;
  • identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • a statement made under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  • the subscriber's name, address, telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

You acknowledge that if you fail to comply with all of the aforementioned notice requirements, your notification or counter-notification may not be valid and that FundaGeek may ignore such incomplete or inaccurate notices without liability of any kind.

Under Section 512(f) of the Copyright Act, 17 U.S.C. §512(f), any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability.

Our designated copyright agent for notice of alleged copyright infringement is:

FundaGeek, LLC Attn: Copyright Agent 56925 Yucca Trail, #254 Yucca Valley, CA 92284 Email: copyright@FundaGeek.com

Intellectual Property Rights — Project Owners

The Service provides you with the ability to upload your content to the Site. Company will not have any ownership rights in your content, however, Company needs the following license to perform the Service. You hereby grant to Company the worldwide, non-exclusive, royalty-free, right to (and to allow others acting on its behalf to) (i) use, host, display, and otherwise perform the Service on your behalf (e.g., use, host, stream, transmit, playback, transcode, copy, display, feature, market, sell, distribute and otherwise exploit ("Host") the content, along with all associated copyrightable works or metadata, including without limitation photographs, graphics, and descriptive text ("Artworks") in connection with the Service); (ii) (and to allow other users to) stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the content and Artworks; and (iii) use and publish, and to permit others to use and publish, the name(s), trademarks, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision of the Service. You agree to pay all royalties and other amounts owed to any person or entity due to your submission of your content to the Service or the Company’s Hosting of the content as contemplated by these Terms and Conditions. To enable Company to Host your content pursuant to the above provisions, you hereby grant to Company the worldwide, non-exclusive, perpetual, royalty-free, sublicensable and transferable right to use, reproduce, copy, and display your trademarks, service marks, slogans, logos or similar proprietary rights (collectively, the "Trademarks") solely in connection with the Service.

Intellectual Property Rights — Members

The Service may provide members with the ability to add, create, upload, submit, distribute, collect, or post ("Submitting" or "Submission") content, videos, documents, data, text, photographs, software, scripts, graphics, or other information to the Site (collectively, the "Member Submissions"). By Submitting Member Submissions on the Site or otherwise through the Service, you:
  • acknowledge that by Submitting any Member Submission to the Site, you are publishing that Member Submission, and that you may be identified publicly by your Member Account in association with any such Member Submission;
  • by Submitting any Member Submissions through the Site or the Service, you hereby do and shall grant Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the Member Submissions in connection with the Site, the Service and Company’s (and its successors and assigns’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites). You also hereby do and shall grant each user of the Site and/or the Service a non-exclusive license to access your Member Submissions through the Site and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such Member Submissions solely for personal, non-commercial use. For clarity, the foregoing license grant to Company does not affect your other ownership or license rights in your Member Submission(s), including the right to grant additional licenses to the material in your Member Submission(s), unless otherwise agreed in writing;
  • represent and warrant, and can demonstrate to Company’s full satisfaction upon request that you (i) own or otherwise control all rights to all content in your Member Submissions, or that the content in such Member Submissions is in the public domain, (ii) you have full authority to act on behalf of any and all owners of any right, title or interest in and to any content in your Member Submissions to use such content as contemplated by these Terms and Conditions and to grant the license rights set forth above, (iii) you have the permission to use the name and likeness of each identifiable individual person and to use such individual’s identifying or personal information as contemplated by these Terms and Conditions; and (iv) you are authorized to grant all of the aforementioned rights to the Member Submissions to Company and all users of the Service;
  • you agree to pay all royalties and other amounts owed to any person or entity due to your Submission of any Member Submissions to the Service;
  • that the use or other exploitation of such Member Submissions by Company and use or other exploitation by users of the Site and Service as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights; and
  • understand that Company shall have the right to delete, edit, modify, reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated and that Company will not be liable for any errors or omissions in any content; and that Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Service. Company does not endorse and has no control over any Member Submission. Company cannot guarantee the authenticity of any data which users may provide about themselves or their Project submission. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

Termination

Company may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. You bear the responsibility to maintain a copy, in your possession, of any Content you have created and/or posted on the Site that you consider of value and would not want to lose. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable. All provisions of the Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer

Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any Content contained in or accessed through the Site, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Electronic Communications Privacy Act Notice (18USC 2701-2711): COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.

Privacy

We care about the privacy of our Users. Click here to view our Privacy Policy. By using the Service, you are consenting to have your personal data transferred to and processed in the United States.

Security

We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Injunctive Relief

Member acknowledges and agrees that a breach or threatened breach of any covenant contained in this Agreement would cause irreparable injury, that money damages would be an inadequate remedy and that FundaGeek shall be entitled to temporary and permanent injunctive relief, without the posting of any bond or other security, to restrain User, from such breach or threatened breach. Nothing in this section shall be construed as preventing FundaGeek from pursuing any and all remedies available to it, including the recovery of money damages from Member.

Indemnification

You shall defend, indemnify, and hold harmless Company, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to, the Site, Service, Content or otherwise from your Member Submissions, violation of the Terms and Conditions, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Company in asserting any available defenses.

Limitation of Liability

IN NO EVENT SHALL COMPANY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

International

Accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

Tax and Legal Compliance

In addition to this Agreement, you must familiarize yourself with, and comply with the laws, state legislation, international laws, statutes, ordinances and regulations regarding your use of our services including listing and supporting projects.

Project Owners alone, and not the Company, are responsible for ensuring that the project listing and any other activities conducted on the Site are lawful. Project Owners must ensure that they comply with all applicable laws in their country and all other countries.

Project Owners should comply with local, state, federal and country regulations as they exist now and those that become law in the future.

Project Owners should be aware that funds raised using the Site could be taxable income. It is the Project Owners responsibility to declare the funds and comply with local tax laws where they live and operate their Project’s activity.

Electronic Delivery/Notice Policy and Your Consent

By using the Services, you consent to receive from FundaGeek all communications including notices, agreements, legally required disclosures or other information in connection with the Services (collectively, "Contract Notices") electronically. FundaGeek may provide such electronic Contract Notices by posting them on the FundaGeek Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the FundaGeek Site and Services.

Governing Law

These Terms of Service (and any further rules, policies or guidelines incorporated by reference herein) shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that the company (and all Services) is deemed a passive website that does not give rise to personal jurisdiction over FundaGeek or its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of California. You agree that any action at law or in equity arising out of or relating to these terms, or your use or non-use of the Services, shall be filed only in the state or federal courts located in San Bernardino County in the State of California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.

Integration and Severability

The Terms and Conditions are the entire agreement between you and Company with respect to the Service and use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Company with respect to the Site. If any provision of the Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms and Conditions will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Miscellaneous

Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). The Terms and Conditions are personal to you, and are not assignable, transferable or sublicensable by you except with Company's prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and Conditions and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms and Conditions, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under the Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Effective Date: September 1, 2012

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