FundingTape, Inc., a Delaware corporation (“FundingTape” or “we,” or “us,” or “our) is a crowdfunding platform engaged in peer-to-peer lending for real estate loans. By accessing or using our website at www.FundingTape.com (the “Site”), you (“you”, “your” or the “User”) agree that you have read, understand and agree to these Terms of Service (these “Terms”) regardless of whether you have registered as a user.
We operate a platform that allows accredited investors to buy participating interests in real estate loans offered on the Site. These Terms govern your access and use of the Site and all content, services and/or products provided through the Site (the “Services”). Please carefully review these Terms before using the Service. If you violate any of these Terms (which include by reference our Privacy Policy) or otherwise violate an agreement between you and us, FundingTape may terminate your membership, and/or prohibit you from using the Site or the Services at any time in its sole and absolute discretion, with or without notice.
Please note the following:
If you are over the age of 18 and you are an Accredited Investor (as defined below), you are eligible to register to become an investor on the Site. Initially, investors will also be limited to U.S. persons. An “Accredited Investor” is an investor who has indicated that he or she has a net worth (individually or jointly) of at least $1,000,000 excluding the value of his or her primary residence or has individual income of at least $200,000 or has joint income of at least $300,000 for the past two years and reasonably expects to reach the same income level this year. In the registration process investors will provide their personal and financial information. When registering with us you must: (a) provide true, accurate, current and complete information about yourself as requested by our registration forms (such information being the "Registration Data"); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
Identity Verification. Each investor must verify their identity by providing the requisite information, potentially including: (a) confirmation of an electronic check transaction; (b) a credit report; or (c) other similar information designed to confirm your identity as well as your Accredited Investor status.
Investor Financial Information. Investors must provide the following information:
In the registration process, you will obtain a User name and password. You are responsible for keeping your User name and password secure and confidential. You are liable for any charges, damages or losses incurred by you or us as a result of your failure to keep your User name and password confidential. If you believe there has been unauthorized use of your User name or password, you must notify us immediately.
You are solely responsible for any content (e.g., questions or comments in on-line forums) you submit to the Site (“User Content”). To the extent you submit User Content to the Site , you grant to us and to all other investors a royalty-free, perpetual, irrevocable, non-exclusive, fully paid and transferable right and license to use, reproduce, modify, adapt, publish, distribute, translate, communicate to the public, create derivative works from, perform and display such User Content worldwide without restriction or compensation. Any User Content you contribute to the Site becomes public upon your submission of the information. User Content posted in the public areas of the Site may appear in public search results and may be accessed by everyone on the Internet, which you should take into consideration before submitting User Content to the public areas of the Site.
If you comply with these Terms, you will have a limited, non-exclusive, non-transferable, and revocable license to access and use both the publicly available and password protected areas of the Site, only for its intended purpose. If you comply with these Terms, you shall have a worldwide, royalty-free, non-transferable license to provide a link to the publicly available areas of the Site, if the link is provided for the intended purpose of the Site. Except as allowed specifically, you may not copy, modify, distribute, transmit, display, reproduce, publish, license, transfer or sell any content or any information included on the Site.
Without our prior written consent, you may not:
You agree that you will not:
The design, features, text and graphics of the Site are copyrighted 2021 by FundingTape, Inc., all rights reserved. The images, text and all elements of the Site, are our intellectual property and may not be used without our prior written permission. All third-party product names and company names or logos included on the Site are the property of their respective owners. You may not copy, modify, upload, post, transmit or distribute any material, including code, from the Site except as specifically permitted by these Terms. Unauthorized use constitutes copyright and/or trademark infringement.
You may not use any part of the Site to create a similar or competing platform. Any use of the Site not specifically permitted by these Terms is prohibited and constitutes a breach of these Terms.
The Site contains Confidential Information (defined below) of FundingTape and third parties. We do not allow disclosure of this information to anyone, and we do not permit you to use such information for any purpose other than investing in our offerings or participating in the Services.
“Confidential Information” is information that (a) is non-public; or (b) is designated as "confidential" by FundingTape; or (c) is available only to FundingTape investors, or (d) a reasonable investor should understand is confidential.
Confidential Information includes non-public information that FundingTape or its partners or affiliates furnish or otherwise make available to investors with respect to investments offered on the Site, including offering documents, appraisals, reports, insurance policies, forecasts, memos, studies and any other written or electronic materials prepared by FundingTape or its partners or affiliates. Further, Confidential Information includes loan terms, borrower names, lender names, property information (including without limitation, addresses of properties), information relating to lenders, partners and third-party business and companies, business or strategic plans, pricing, lease terms, renderings, site plans, pro-formas, loan agreements, purchase and sale agreements, leases, title insurance reports or policies, information on comparable properties, tenant information, vendor names, and customer lists.
Non-disclosure. You agree to not disclose any Confidential Information, and you shall not use such Confidential Information except as specifically permitted by these Terms. You agree to use at least a reasonable standard of care and diligence in safeguarding the Confidential Information.
Non-circumvent. You agree not to contact, either directly or indirectly, any borrower, lender or real estate company associated with a property, loan or loan investment listed on the Site, or any officers, directors, shareholders, consultants, attorneys, employees, agents or other affiliates of said parties, unless such contact is made on the Site using the features of the Site, or if the contact is unrelated to any property, loan or loan investment listed on the Site. You further agree not to undertake any transaction or a series of transactions of any kind with any borrower, lender or real estate company associated with a property, loan or loan investment listed on the Site, as it relates to the property, loan or loan investment listed on the Site.
Exceptions. Your obligations in connection with Confidential Information under these Terms does not apply to Confidential Information which you can demonstrate: (i) was discovered or developed by you independently without reliance on the Confidential Information; or (ii) is required to be disclosed by law, provided that you promptly notify us so that we may have an opportunity to obtain relief in connection with such disclosure.
Reservation of Rights. Our intellectual property is protected by U.S. and international copyright and other laws, and we retain all rights with respect to the content on the Site and the Services therein provided. You agree not to publish, copy, display, modify, create derivative works from, or exploit our intellectual property except as specifically permitted herein.
We are under no obligation to monitor the information contained in or transmitted through the Site. You agree that we may monitor on the Site (a) to comply with applicable laws, regulations or other government requests; and (b) for such other purposes as we deem appropriate. We reserve the right to modify, reject or eliminate any information contained in or transmitted through the Site that we believe is unacceptable or in violation of these Terms.
The Site may contain links or other connections to websites operated by third parties. We are not responsible for such websites. Our inclusion of such links should not be construed as an endorsement of the material on such websites. Your use of the Site to link to another site is at your own risk.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED AND EXCEPT AS MAY BE REQUIRED BY APPLICABLE SECURITIES LAWS, IN NO EVENT SHALL FUNDINGTAPE, ITS AFFILIATES OR THEIR DIRECTORS, MANAGERS, OFFICERS, STOCKHOLDERS, MEMBERS, PARTNERS, EMPLOYEES OR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICES OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SITE, EVEN IF FUNDINGTAPE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EXCEPT AS MAY BE REQUIRED BY APPLICABLE SECURITIES LAW OR OTHER LAWS, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM FUNDINGTAPE, ITS AFFILIATES OR THEIR DIRECTORS, MANAGERS, OFFICERS, STOCKHOLDERS, MEMBERS, PARTNERS, EMPLOYEES OR REPRESENTATIVES, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN FEDERAL AND STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
By visiting or using the Site, you agree that the laws of the State of Delaware, without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction, will govern these Terms. By agreeing to these Terms, you agree to submit to personal jurisdiction in Los Angeles, California for all purposes, and you agree to waive, to maximum extent permitted by law, any right to a trial by jury for any matter. Unless otherwise agreed in writing by you and us, any dispute arising out of or relating to these Terms, or any breach thereof, shall be finally resolved by binding arbitration administered by JAMS or by the American Arbitration Association under its Commercial Arbitration Rules, or such arbitration body as required by law, rule or regulation, and final judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitration will be conducted in the English language before a single arbitrator in Delaware. Such arbitration must be commenced within one (1) year after the claim or cause of action arises. Notwithstanding the foregoing, either FundingTape or you may apply to any court of competent jurisdiction for injunctive relief without breach of this arbitration provision.
You agree that, you and FundingTape are each waiving the right to a trial by jury or to participate in a class action. This is a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of your account with us. YOU AND FUNDINGTAPE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Additionally, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
You understand that you may consult with counsel about agreeing to arbitration or any other of these Terms, and you agree that by using the Site, and their Services, you are voluntarily accepting these Terms.
We do not guarantee the accuracy of any content on the Site that is posted by Users, or content provided by third parties. While we have rules for User conduct and postings, we do not control nor are we responsible for what Users post on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User content or third party content. We are not responsible for the conduct, whether online or offline, of any User of the Site or the Services. We cannot guarantee nor do we promise any specific results, relating to investments or any other part of the Site or the Services.
The Site or the Services may be temporarily unavailable at certain times for repair, maintenance or other reasons. We assume no responsibility for any interruption, error, omission, deletion or delay in operation or transmission, theft or destruction or unauthorized access to User communications. We are not responsible for any issues or technical malfunction of any telephone or fiber optic or cellular network, computer systems, servers or providers, computer equipment, software, including injury or damage to Users or to any other person's computer related to or resulting from downloading materials in connection with the Site or the Services. Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from use of the Site or the Services, or any content on the Site, whether online or offline.
At any time, with or without notice, we have the right to change any content contained in the Site and any Services offered on the Site. Reference to any third-party company, products or services on the Site does not constitute or imply endorsement or recommendation thereof by FundingTape.
If you believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing us with the information in writing as outlined in 17 U.S.C 512(c)(3).
You acknowledge that if you fail to comply with all of the requirements of 17 U.S.C. 512 (c)(3), your DMCA notice may not be valid.
With notice to us, you may terminate your account with FundingTape for any reason at any time. We may terminate your access to the Site for any reason at any time, with or without notice. We may immediately suspend or terminate your account if you abuse or misuse the Site or the Services or engage in behavior that, in our sole and absolute discretion, deem contrary to the purpose of the Site. If you violate any of these Terms, we may immediately terminate your limited license to use the Site.
By accepting these Terms, 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 or at which you may be reached. You agree we may contact you in any way, including SMS and text messages. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text.
You are solely responsible for your interaction with other Users on the Site. While we may monitor claims that involve you and other Users, we have no obligation to become involved. If you become involved in such a dispute, and our provision of the Services is not a substantial factor in creating such dispute, then you release us from claims, demands, and damages every kind and nature, known and unknown, arising out of or connected with such dispute.
In addition to these Terms, you are bound to the terms of each other agreement to which you agree as a user of the Site and the Services, including, without limitation, the terms of the Investor Agreement, the Private Placement Memorandum for the Notes, the Consent to Electronic Transactions and Disclosures, your Representations Regarding Use of the Platform, and any Series Note Listing (as defined in the Private Placement Memorandum) for a series of Notes in which you invest.
You agree that no joint venture, partnership, employment or agency relationship exists between you and us a result of these Terms or your use of the Site and the Services. You agree that we can assign these Terms, in whole or in part, in our sole discretion. You may not assign your rights or obligations under these Terms without written permission from us. If any provision of these Terms is found to be invalid by any court with appropriate jurisdiction, the invalidity of such provision shall not affect the validity of the other provisions of these Terms, which shall remain in full force and effect. If we fail to act with respect to a breach of these Terms, such inaction does not waive our right to act with respect to that breach or subsequent breaches.
You agree to indemnify and hold FundingTape, its subsidiaries and affiliates, and each of their directors, managers, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your User Content, your use of the Service or the Site, your conduct in connection with the Service or the Site or with other Users of the Service or the Site, or any violation of these Terms or of any law or the rights of any third party.
Except as specifically contemplated by these Terms, no representations, statements, consents, waivers or other acts or omissions by us shall be deemed legally binding on us, unless documented in writing. We make no representation that the Site is appropriate or may legally be viewed in the nation, state, or other jurisdiction in which you are located. Access to the Site is prohibited from jurisdictions where the Site, or its content is illegal. You agree that these Terms, as well as any action or proceeding arising out of or in connection with any dispute with us, including without limitation any claim involving us or our affiliates, subsidiaries, employees, members, officers, directors, and agents, shall be governed by and construed in accordance with the laws of the State of Delaware in all matters. Jurisdiction for any claims arising under these Terms shall lie exclusively with the state or federal courts within Los Angeles, California.
FundingTape, Inc.
September, 2024
FundingTape (“FundingTape” or “our” or “we” or “us”) takes your privacy seriously and has prepared this privacy policy to explain to you how we collect, use, and share the personal information collected and created in connection with your use of the FundingTape Platform (the “Services”). This Privacy Policy applies to the FundingTape member companies (FundingTape, Inc., PS Funding, Inc., FundingTape Funding, LLC), and our affiliates, and should be read in conjunction with the our Terms of Service and any other agreement you enter into with FundingTape.
FundingTape is real estate loan investment services company that operates the FundingTape Platform located at FundingTape.com. FundingTape is a marketplace where accredited investors can invest in high-quality private real estate loans. We provide access for accredited investors, funds and institutions to a historically difficult-to-access asset class. Access to the FundingTape Platform is not permitted to everyone.
If you have any questions about this Policy, the practices of the Site, your dealings with the Site, or wish to update us with your preferences, you may contact us using one of the following methods:
When we provide the Services, we collect or receive information in several different ways. In many cases you choose what information to provide and some of it is required in order to use our service and for FundingTape to provide those services. Because we offer investment-related services, we collect personal and financial information from you. While this information is gathered mostly when you register, additional information may be gathered during subsequent visits to our website. The following is a description of the processes by which we collect your personal information, the categories of personal information we collect, and the purposes for collecting it.
We will send you email communications for various reasons, including:
Generally, you may not opt out of the foregoing types of emails. After you register with us, you will receive emails when a new investment opportunity is available, and updates about how much of the investment remains available, as well as other relevant information. If you make an investment through the website, we will also send you confirmations of the investment and occasional updates as to the status of that investment. Occasionally, we may send surveys, user feedback requests or various offers from us or our partners and affiliates. Response to such email is voluntary and if you do not wish to receive such email, you may opt out by clicking the appropriate button in an email you receive from us. You may also be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all business purposes, at any telephone number, or physical or electronic address you provide or at which you may be reached. We may contact you in any way, including SMS and text messages. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text. You may opt out of these types of communication by contacting us. Information We Share With Others
When you enter into an investment, we share your personal information with lenders, brokers, real estate companies, real estate securities issuers, and other parties in order to provide investment services. This sharing is done at your direction as exhibited through your interaction with the FundingTape Platform and/or your communications with us.
FundingTape works with trusted partners who perform certain key operational functions for us. The partners we work with include website hosting, marketing and transactional communications, customer service, product analysis, business intelligence, and electronic payment and signature providers. We may work with other service provider or third parties to undertake other functions such as account servicing. Your information may be shared with these partners in order to provide our Services. When we share your personal information with vendors and service providers who perform functions on our behalf, we require the security and confidentiality of your information, as well as limiting their use of the information to reasonably and necessarily to carry out their work with us and comply with applicable laws and regulations.
We share your personal information with third-party marketers who provide advertising on our behalf. In order to serve offers and advertisements that may be of interest to you, we display targeted advertisements on the Services, or other digital properties or applications in conjunction with our content, based on information provided to us by our users and information provided to us by third parties that they have independently collected. These advertisers collect and use information gathered from cookies and other technology, including personal information about you and your devices, in order to provide advertisements about goods or services (including our own) that may be of interest to you. These companies typically use tracking technologies to collect this information—their use of such technologies is subject to their terms and privacy practices.
Restricting Advertisement: You have the ability to restrict the use of cookies and advertising IDs. You can do this by:
When legally required by a law enforcement or government agency to do so, we will share your information. We also may share your personal information when we believe that disclosure is necessary to comply with a court order or judicial proceeding. Additionally, we reserve the right to disclose any of your personal information that we believe is necessary to mitigate liability, comply with audit, regulatory or compliance requirements, defend against claims of third parties, to assist government enforcement agencies, to protect the security of our website, or to protect the rights of our users, ourselves or others. Finally, personal information may be disclosed or transferred as part of, or during negotiations of, a merger, consolidation, sale of our assets, as well as equity financing, acquisition, strategic alliance or in any other situation where personal information may be transferred as one of the business assets of FundingTape.
Please review your personal information to ensure that it is correct. If any of your information is incorrect, please either correct it or contact us with the correction.
If you are located outside the United States of America, and your location has laws governing data collection and use that differ from U.S. law, note that you are transferring your personal information to the U.S., and in such context, you are consenting to such transfer by providing your personal information.
The security of your personal information is very important to us. We maintain administrative, technical and physical safeguards designed to protect your information’s security, confidentiality and integrity. As part of our security regime, registered users of the FundingTape Platform must log in with their password before gaining access to certain parts of our website. This password is encrypted while transmitted from your browser to our servers and while stored on our systems. To protect the security of your personal information, never share your password to anyone. Please notify us immediately if you believe your password has been compromised.
Access to your personal information is limited to our employees who have a legitimate business need. We maintain physical, electronic and procedural controls to protect your information, pursuant to customary industry standards and practices. Our website features multiple layers of security and we use encryption technologies to keep your information safe.
If you are a California resident, you may be entitled to additional rights over your personal information. For more information about those rights and how to exercise them, please see our California privacy notice here, which is incorporated by reference into this policy.
We do not sell your covered information, as defined by Section 1.6 of Chapter 603A of the Nevada Revised Statutes. If you reside in Nevada, you have the right to submit a request to our designated request address info@FundingTape.com regarding the sale of covered information.
California residents may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by writing to them at 400 R Street, Sacramento, CA 95814, or by telephone at 800.952.5210. For other states, please check with your state's consumer protection authority.
There are several steps you can undertake to protect the security of your personal information. For example, you may choose a password comprised of a long string of random letters and numbers generated by a password service website. You can also install update antivirus and firewall software to protect your computer from external attacks. At the conclusion of every session on our website, please log out and close the browser window.
One type of fraudulent attempt to gain access to your account is known as "phishing," which involves a criminal trying to lure people to a website by using an email that appears legitimate that purports to be from a genuine company. Either in the body of such email or on such illegitimate site, criminals will ask for login information to gain access to your account and withdraw your money.
Under no circumstances would FundingTape ever send you an email asking you for your login information. Accordingly, you can protect yourself from “phishing” by never providing personal or login information via a link contained in an email.
We may revise this Privacy Policy from time to time. The most current version of the policy will govern our use of your information and will always be at https://www.FundingTape.com/content/privacy. If we make a change to this policy that, in our sole discretion, is material, we will notify you via email to the email address associated with your account. By continuing to access or use our website after those changes become effective, you agree to be bound by the revised Privacy Policy.
Effective January 1, 2020, the California law known as the California Consumer Privacy Act (“CCPA”) allows, with some exceptions, California residents to request that a business that collects consumers’ personal information to give consumers access to the specific pieces and categories of personal information that the business has collected about the consumer, the categories of sources for that information, the business or commercial purposes for collecting the information, and the categories of third parties with which the information was shared. California residents also have the right to submit a request for deletion of information under certain circumstances. Consistent with the CCPA, if you choose to exercise your rights, we won’t charge you different prices or provide different quality of services unless those differences are related to your information.
Notice to Business-to-Business Consumers: Many of the obligations imposed by the CCPA currently do not apply to personal information reflecting communications or transactions between the business (FundingTape) and a California resident where the resident is acting on behalf of another business, e.g., a business-to-business transaction. If your personal information is being processed within this context, your rights under the CCPA are limited.
Your Rights Under California Law
The CCPA permits using a designate an authorized agent to make a request on a consumer’s behalf. You may designate an agent by filling the agent-designation form { here }. Both the designated agent and the consumer are subject to verification before accepting a consumer rights request.
All consumer rights requests are subject to verification by us. We verify requests by matching the information provided by the consumer to the personal information of the consumer already maintained by the business. In some instances, we may use your contact information to contact you in order to verify your identity.
Residents of the state of California have the right to request certain information from us with respect to the types of personal information we share with third parties for their direct marketing purposes, as well as the identities of the third parties we have shared such information with during the immediately preceding calendar year. To exercise your choices, please contact us at info@FundingTape.com and reference “Shine the Light.”
If you need further assistance, please contact us at privacy@FundingTape.com or 1-844-733-7787.