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General
"You" or "Members" means the single end-user customer executing this Agreement. "You" refers solely to paying customers of EFundingNow, and does not refer to non-paying recipients of free e-mail, with whom EFundingNow shall make no Agreement. "Product" means the content and data contained within the website and database, presented in any and all forms including electronic mail (e-mail) and website page views and all other services provided from the website. These Terms of Use of EFundingNow which is an affilate and DBA of Grant Services constitute a binding contract between You and EFundingNow. If You do not agree to be bound by these terms, You should immediately cease all usage of this website and/or Product. We reserve the right, at any time, to modify, alter, or update the terms of use without prior notice. Modifications shall become effective immediately upon being posted at www.EFundingNow.com website. Your continued use of the Product and use after amendments are posted constitutes an acknowledgement and acceptance, without limitations, of the Terms of Use and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Membership
You agree to pay a single one time Fee of $195.00 during which this Agreement is in force, which will be billed automatically to the credit-card provided by you. This credit card information will be securely stored by a third-party merchant services provider. You will be able to access the "Member's Login" website and database by the combination of your e-mail address and password. Logging in to the website further constitutes you having received the product. By placing your order either via an authorized agent or an online order, you authorize EFundingNow to charge your credit card the above described fee. You may terminate this agreement at any time, where you shall be entitled to a refund of Fees in accordance to our Refund Policy. A request to terminate a membership will be accepted only with proper identification and documentation.
Access to the Product
In return for your membership Fee, EFundingNow agrees to permit you to access the Product through website and e-mail. EFundingNow shall make a reasonable effort to ensure that you have constant and continuous access to the Product, but does not guarantee access at any particular moment. You acknowledge and agree that your access to the Product via the Internet is contingent upon many independent factors, some of which are beyond the control of EFundingNow. EFundingNow shall not be liable or be deemed to be in default for any delay or failure in performance or interruption resulting directly or indirectly from any cause or circumstance beyond the reasonable control of EFundingNow; equipment, or telecommunications failure; labor dispute; or failure of any third party to perform any agreement with EFundingNow that adversely affects EFundingNow ability to perform its obligations hereunder. EFundingNow shall make a reasonable effort to ensure that you are able to receive and read e-mail sent to you from EFundingNow, but makes no guarantee concerning receipt or condition of e-mail. You acknowledge and agree that it is your responsibility to ensure that the software and hardware that you use to receive and read e-mail from EFundingNow is configured properly. EFundingNow may, at its discretion, offer technical suggestions intended to help you to receive and read e-mail, but shall be under no obligation to do so, and shall in no way be liable for any consequences that may result from alterations made to your software or hardware.
Nature of the Product
In return for your membership Fee of $195 (one hundred and ninety nine dollars), EFundingNow membership includes:
1. Access to EFundingNow website and database of funding sources valued at seventy five ($70) dollars.
2. Business plan maker and corrections for one (1) Business plan completed from the answers to our 9step questionnaire (limited to three (3) corrections by customer service), an application maker for the Standard Form 424 Core form, (applications for federal assistance) applications completed from the answers to our 9step questionnaire (no corrections from customer service), and a proposal maker (no corrections from customer service), all valued at one hundred twenty five($125) dollars.
EFundingNow agrees to make updates to the Product on a timely basis, but makes no guarantee concerning the amount, frequency, or quality of updates. You acknowledge and agree that EFundingNow’s ability to make updates to the Product is contingent upon the availability of information provided by the funding sources such as federal government agencies, angel investors, venture capital firms, banks and non-profit agencies, which is beyond the control of EFundingNow. Your answers to the 9step questionnaire provided within the website will result in the formation of a basic business plan and a Standard Form 424 (core form, applications for federal assistance). Your answers to the Proposal questionnaire will result in the formation of a proposal. You acknowledge and agree that if EFundingNow fails to make updates to the Product on a timely basis, in no event will the total aggregate liability of EFundingNow for any claims, losses, or damages arising under this agreement and services performed hereunder, whether in contract or tort, including negligence, exceed the total amount paid by you to EFundingNow, even if EFundingNow has been advised of the possibility of such potential claim, loss, or damage.
Proprietary Protection
As between You and EFundingNow, EFundingNow shall be the sole owner of the Product, including any adaptations or copies thereof, and including associated intellectual property rights, provided to or accessed by you pursuant to this Agreement. Copies may be made only to allow you to exercise your rights under this Agreement. EFundingNow claims U.S. and foreign copyright ownership with respect to the Product as compilations and expressions of distinctive and creative formats. It is EFundingNow practice to place copyright notices and/or other proprietary legends in report forms and data provided to subscribers. You shall provide for the reproduction of such notices and legends in the form and manner in which they appear.
Limitations
EFundingNow shall employ due care and attention in obtaining and maintaining the Product. However, you acknowledge that any collection and compilation of data entails the likelihood of some human and machine errors, omissions, delays, interruptions, and losses, including inadvertent loss of data or damage to media, which may give rise to loss or damage. Accordingly, YOU AGREE THAT THE PRODUCT IS PROVIDED "AS IS"; EFundingNow MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THEIR ACCURACY, COMPLETENESS, OR CURRENTNESS; AND EFundingNow SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EFundingNow SHALL NOT BE LIABLE BECAUSE OF ANY SUCH ERRORS, OMISSIONS, DELAYS, OR LOSSES, INCLUDING DATA LOSSES AND CORRUPTION, UNLESS CAUSED BY EFundingNow GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. YOU FURTHER AGREE THAT IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF EFundingNow FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING UNDER THIS AGREEMENT AND SERVICES PERFORMED HEREUNDER, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO EFundingNow, EVEN IF EFundingNow HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL CLAIM, LOSS, OR DAMAGE. You acknowledge that EFundingNow is not a consulting firm, grant-writing firm, funding agency or issuer of grants, loans, or any other forms of money, nor does it bear any responsibility for the success or failure of any business venture resulting from purchase or use of the Product. The Product and its information are provided for guidance and information purposes only. All information contained herein should be independently verified and confirmed. The Product, its content and its products offered is not intended to provide investment, tax, financial or legal advice. The information contained herein has been compiled from sources deemed reliable and it is accurate to the best of our knowledge and belief. Changes are periodically made to the Product and may be made at any time. You agree always to read the full original funding criteria notice whether provided or not. You acknowledge that EFundingNow does not warrant that use of the Product will result in any acquisition of grants, loans, or any other forms of money.
Customer Support
EFundingNow maintains a customer support capable of providing assistance regarding access to the Product and operating instructions for access to and use of the Product. The customer support also will be available to receive reports of technical difficulties associated with the EFundingNow Internet site. Such assistance and any training provided by EFundingNow are intended to relate to technical aspects of use of the Product. To contact customer support,click here . EFundingNow does not claim to be a professional expert or adviser regarding your computer or informational needs, nor does it give personalized grants, loans, or any other forms of money advice. EFundingNow shall make a reasonable effort to resolve any problem reported by paying customers, but shall not be obligated to do so.
Your Responsibilities
You are responsible for ensuring that EFundingNow has a current and valid e-mail address by which to contact you. You are responsible for ensuring that the software and hardware that you use to gain access to the Product is configured and functioning properly. You are responsible for resolving any problems caused by your internet service provider that may affect your access to the Product. You are responsible for determining whether the Product will achieve the results desire. You are responsible for adopting reasonable measures to limit your exposure with respect to potential losses and damages arising from use, nonuse, interruption, delay, errors, or omissions of or in the Product, or the results thereof, including (without limitation) examination and confirmation of data prior to use thereof, and a provision for identification and correction of errors and omissions. You acknowledge that the Product may include the views, opinions, and recommendations of individuals or organizations whose thoughts are deemed of interest, but that EFundingNow does not thereby endorse such views, give funding or professional advice, or advocate any course of action.
Changes
EFundingNow reserves the right to change its Fees and charges, or any other terms and conditions, at any time, effective immediately upon publication. EFundingNow shall use reasonable efforts to notify you via e-mail and/or via notices posted on its website in advance of or concurrent with such changes.
Default
Should you fail to pay Fees due hereunder or fail to carry out any other obligation under this Agreement or any other agreement with EFundingNow, EFundingNow may, at its option, in addition to other available remedies, terminate this Agreement provided that it first gives you fifteen (15) days' prior notice to permit you to cure your default. EFundingNow reserves the right, with or without notice, to suspend access to or use of the Product in the event of any delinquency or default. EFundingNow may elect, at EFundingNow sole discretion, after delinquency, to terminate all personal information and settings associated with a user. Such information and settings will be unrecoverable after such termination.
Refund Policy
If You paid for a Membership either by Credit Card or Money Order, you are eligible to a 90-day guarantee, 30-day guarantee and our 72-hour guarantee:
90-Day Money Back Guarantee:
Eligibility requirements for a full refund ($195.00) within ninety days after purchase must conform to the following:
1. Members must have sent in their receipt registration form signed and dated.
2. Members must have completed the 9step questionnaire and/or proposal questionnaire.
3. Members must have searched or viewed any search results of funding sources using the search tool.
4. Members cannot find a funding source which is defined as having zero (0)search results in all five categories using the search tool
5. Members must have been refused for funding within ninety days (minimum of three (3) funding programs) and provide written proof addressed personally to client stating refusal of funding and reason.
30-Day Money Back Guarantee:
Eligibility requirements for a refund within 30 Days after purchase (after 72 hours ) must conform to the following:
1. Members must have sent in their receipt registration form signed and dated.
2. Members must not have started and/or completed the 9step questionnaire and/or proposal questionnaire.
3. Members must not have searched or viewed any search results of funding sources using the search tool.
Administrative fees are deducted in the amount of ($39.00)
If one (1) or all three (3) of the eligibility requirements have not been met, then You do not qualify for the 30-Day Money Back Guarantee and may qualify for the 90-Day Money Back Guarantee.
72 Hour Money Back Guarantee:
Eligibility requirements for a full refund ($195) within seventy two hours after purchase must conform to the following:
1. Members must have sent in their receipt registration form signed and dated.
2. Members must not have started and/or completed the 9step questionnaire and/or proposal questionnaire.
3. Members must not have searched or viewed any search results of funding sources using the search tool.
Indemnification
You agree to indemnify and hold EFundingNow, its parents, subsidiaries, affiliates, officers, directors, shareholders and employees, harmless from any claims, liabilities, expenses or demands, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Your use of the Product, website database and any type of service, the violation of this Agreement, or infringement by You, or other User of the Product using your e-mail address and password, of any intellectual property or any other right of any person or entity.
Third-Party Sites and External Links
The Product may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage You to review said privacy policies of third-parties' sites. If and when You sign-up for services on sites to which the Product provides links to, You will be interacting with a third party that operates under its own privacy and security policies.
Compliance with Laws
You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not access and use the website and database and/or service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Privacy Policy
EFundingNow takes your Personal Information seriously. To ensure the safety of your personal information, we will never pass on to third parties any information without your consent. Please read our Privacy Policy to learn more about our position concerning your personal information and the measures we take to protect it.
Security
EFundingNow has security measures in place to protect user information under our company's control against loss, misuse, or alteration. Access to private and confidential data is limited to only those employees with a specific need to retrieve this information. Data is captured and managed in our data warehouse system and is accessed only by those thoroughly trained in the management and security of personal information. EFundingNow uses industry-standard technologies when transferring and receiving consumer data exchanged with our site to help ensure its security.
Legal Disclaimer
Though we make every effort to preserve your privacy we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on EFundingNow. EFundingNow also makes no guarantees that you will receive funding of any kind by any agency or lending institute of any kind that is in our database. EFundingNow is a private company which provides access to our website and database, educational materials on how to find and apply for funding. EFundingNow is not a funding agency and does not loan nor give away money. You acknowledge that the Product may not include all potential data. Specifically, EFundingNow makes no warranty that the Product contains all grants and loans that the federal or a state government may have available or other sources of funding.
License and Prohibitions
EFundingNow grants you, subject to the terms and conditions of this Agreement, a non-exclusive, nontransferable right and license to view and use the Product. You understand and agree that this license is granted to you individually, and not to your organization. However, this license permits you to share the Product with other individuals employed by your organization as needed to conduct your organization's normal business. You agree not to share the Product with other individuals or parties except under the conditions stated above. Except as expressly authorized in this Agreement, you agree not to sell, rent, lease, sublicense, distribute, transfer, copy, reproduce, display, modify, store, or time-share the Product. You agree to take all reasonable steps to protect the Product from unauthorized access, copying, or use. EFundingNow reserves all rights not expressly granted to you. You will be identified by the combination of your e-mail address and password, which will enable you to access the website and database. You agree not to enable nor allow other parties to gain access to the Product by using your personal combination of e-mail address and password. You agree to assume sole responsibility for the security of passwords issued to you. If you believe that someone is using your password, you must notify EFundingNow immediately. If you enable or allow other parties to gain access to the Product, EFundingNow may immediately terminate this Agreement, without refund of any Fees, and you agree to pay additional Fees, in addition to other remedies EFundingNow may obtain.
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