ProFund™ Terms of Service
Date of Last Revision: December 2022
Welcome to ProFund™!
Lender Hub, LLC dba ProFund™ (“ProFund™ ”, “we”, “us”, “our”) provides our Services (described below) to you through our website located at www.ProFund.net (the “Site”) and through our online content, tools and services related to the marketplace, whether accessed on the Site or through third-party websites, mobile sites and/or applications (collectively, such services, including any new features and applications, and the Site, the “Services”), subject to the following Terms of Service (as amended from time to time, these “Terms of Service”). We reserve the right, in our sole discretion, to change or modify portions of these Terms of Service at any time without further notice. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions to which you are bound. If we make any revisions, we will post them on this page and will indicate at the top of this page the date these Terms of Service were last revised. We will also notify you of any material changes through a pop-up notice, email or other reasonable means. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Services. In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on or in connection with the Services from time to time, including, without limitation, the Privacy Policy located at https://ProFund.net/privacy-policy. All such terms are hereby incorporated by reference into these Terms of Service. If there is any conflict between such additional terms and these Terms of Service, the additional terms will supplement or amend these Terms of Service, but only with respect to the matters governed by the additional terms.
ACCESS AND USE OF THE SERVICES
Services Description:
ProFund™ is a browser-based, technology platform provider of sales automation and project management services for professional contractors and homeowners. The Services include facilitating access by a homeowner/consumer to third-party service that searches for and matches prospective borrowers with loan offers from unrelated, third-party lenders, a user interface permitting a homeowner to view and compare offers received from third-party lenders, and a payment request verification services allowing homeowners to affirmatively authorize payment requests made by a contractor. With respect to access to third-party lenders and comparison of offers, the Services are intended only to assist you in your financial organization and decision making and is broad in scope. Our Services are intended to allow you to obtain general information, including but not limited to, the ability to find third-party financial providers for certain financial request services and products. The Services are designed to provide consumers information about various lenders, issuers, financial institutions, nonbank financial institutions, and/or financial services providers and the marketplace lending market (collectively “financial providers”) through the Services’ content and tools. This includes, but is not limited to, information, content and tools related to products and/or services such as personal loans. ProFund™ provides such information, content and tools as part of the Services but is not a lending institution, loan broker or other financially related service provider itself and does not charge a fee for its services. Any product or service offered or related transaction to which you are a party is solely transacted between you and the applicable service provider and is not a part of the Services. We do not accept loan applications or issue loans or any other financial products nor do we act as an agent or advisor to you or any financial provider. Third-party financial request providers are solely responsible for any services they may provide to you.
All rates, fees, and terms are presented without guarantee and are subject to change pursuant to each provider's discretion and may not be available in all states or for all types of loans. There is no guarantee you will be approved or qualify for the advertised rates, fees, or terms presented. We do not guarantee acceptance into any particular program or specific terms or conditions with any financial provider; approval standards are established and maintained solely by financial providers. We do not guarantee that the rates offered include the lowest rates available in the market or the rate that will ultimately be charged. This website does not include all lending companies or all available lending offers that may be available to you.
In order to use the payment functionality of ProFund’s services, the acceptance of certain lending offers will require you open a "Dwolla Account" provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in or transferred through your Dwolla Account are held or transferred by Dwolla's financial institution partners. You must be at least 18 years old to create a Dwolla Account. You authorize us to collect and share with Dwolla your personal information including full name, date of birth, social security number, physical address, email address and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla Account through our application, and Dwolla account notifications will be sent by us, not Dwolla. We will provide customer support for your Dwolla Account activity, and can be reached at www.profund.net, info@profund.net and/or 1-478-776-3863.
ProFund™ also provides financial partners with information about prospective consumers, as described in our Privacy Policy.
Your personal financial situation is unique, and it is your responsibility to evaluate the information and content provided and before making any financial decisions. You should consider obtaining additional information and/or advice from a qualified financial advisor who is fully aware of your individual circumstances.
Your Registration Obligations:
You may be required to register with ProFund™ in order to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Services registration form or one of our tools or forms that appears on a third-party website, mobile site or application. Registration data, information that you enter into our tools or forms and certain other information about you are governed by our Privacy Policy at https://ProFund.net/privacy-policy. If you are under 18 years of age, you are not authorized to use the Services, with or without registering. ProFund™ will not be liable for any loss or damage arising from your failure to comply with this section.
Modifications to Services:
ProFund™ reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that ProFund™ will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
General Practices Regarding Use and Storage:
You acknowledge that ProFund™ may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on ProFund’s servers on your behalf. You agree that ProFund™ has no responsibility or liability for the deletion of or failure to store any data or other content maintained by or uploaded to the Services. In addition, as described herein, we will share information you submit to us with financial providers in order to provide our Services. By submitting an inquiry, signing up for an account, or otherwise inputting information on or through our Site, you give us permission to retain all such provided information, and any other information we collect or may receive about you. You further acknowledge that ProFund™ reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
Mobile Services:
The Services include certain services that may be available via a mobile device, including (i) the ability to submit information or upload content to the Services via a mobile device and (ii) the ability to browse the Services and the Site from a mobile device (collectively, the “Mobile Services”). To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services and/or providing your mobile telephone number to us through the Services, you agree that we may communicate with you regarding ProFund™ and our financial providers by SMS, MMS, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update information that you have submitted to us to ensure that your messages are not sent to the person that acquires your old number.
Electronic Notices and Communication:
By using the Services, you agree that we may communicate with you electronically via email regarding security, privacy and administrative issues relating to your use of the Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Services or sending an email to you. You may have a legal right to receive this notice in writing. To receive a free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please notify us at https://profund.net/support by completing the contact us form and selecting the type of notification from the drop-down menu.
CONDITIONS OF USE
User Conduct:
You are solely responsible for all information, data, text, software, messages or other materials (“content”) that you submit or upload to the Services or otherwise use via the Services. The following are examples of the kind of content and/or use that is illegal or prohibited by ProFund™. ProFund™ reserves the right to investigate and take appropriate legal action against anyone who, in ProFund's sole discretion, violates this provision, including without limitation, removing the offending content from the Services, blocking such violator’s access to the Services and reporting the violator to law enforcement authorities. You agree to not use the Services to:
a) email or otherwise submit or upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to submit or upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of ProFund™, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose ProFund™ or our users to any harm or liability of any type;
b) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
c) violate any applicable local, state, national or international law, or any regulations having the force of law;
d) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
e) solicit personal information;
f) harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
g) further or promote any criminal activity or enterprise; or
h) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.
Special Notice for International Use; Export Controls: Software (defined in the section on “Intellectual Property Rights” below) available in connection with the Services and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Your use of the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Services, including as it concerns online conduct and acceptable content.
Commercial Use Not Permitted:
Unless otherwise expressly authorized herein or in the Services, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
Protected Areas:
Certain areas of the Site and Services may be password restricted to registered users (“Password Areas”). If you are a registered user of the Password Areas, you agree that you are entirely responsible for maintaining the confidentially of your password. You agree that you are entirely responsible for any and all activities which occur under your account, whether or not you are the individual who undertakes such activities. You agree that you are above 18 years of age. You agree to immediately notify ProFund™ of any unauthorized use of your account or any other breach of security in relation to the Site or Services known to you. If you choose to register for the Services, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Services’ registration form or one of our tools or forms that appears on a third-party website, mobile site, or application. Registration data, information that you enter into our tools or forms, and certain other information about you are governed by our Privacy Policy.
Feedback:
We may also provide you opportunities to review our Services with comments, suggestions, survey answers, questions, through third-party review websites and other feedback regarding our Services. These communications may be provided to you via email, social media, surveys, or similar means. By submitting and providing your Feedback you consent to its use in any manner and for any purpose to optimize, improve, promote or market our Services in accordance with our Privacy Policy. Any dealings you have with third parties are between you and the third party and their privacy policy and terms.
If you are given an opportunity to submit free-form responses, you agree to provide relevant and responsible responses; refrain from including any sensitive information of any kind (e.g., loan or bank account information). You further agree that any information or materials that you, or individuals acting on your behalf, provide will not be considered confidential or proprietary and that ProFund™ or its affiliates cannot and will not be held responsible to protect such data if you were to include it in your responses.
INTELLECTUAL PROPERTY RIGHTS
Service Content, Software and Trademarks:
You acknowledge and agree that the Services may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by ProFund™, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally submit or upload to the Services. You may not remove or alter any proprietary notices or marks on the Services or any portion thereof. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Services or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith is the property of ProFund™, our affiliates and our financial providers (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by ProFund™.
The ProFund™ name and logos are trademarks and service marks of Lender Hub, LLC dba ProFund™ (collectively the "ProFund™ Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to ProFund™. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of ProFund™ Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of the ProFund™ Trademarks will inure to our exclusive benefit.
Third-Party Material:
Under no circumstances will ProFund™ or its affiliates be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that ProFund™ does not pre-screen content from third parties, but that ProFund™ and our designees will have the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, ProFund™ and our designees will have the right to remove any content that violates these Terms of Service or is deemed by ProFund™, in our sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Service:
With respect to the content or other materials you submit or upload to the Services (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyright and rights of publicity contained therein. By uploading any User Content, you hereby grant and will grant ProFund™ and our affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”) provided by you to ProFund™ are non-confidential and ProFund™ will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that ProFund™ may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property or personal safety of ProFund™, our users and the public. You understand that the technical processing and transmission of the Services, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You acknowledge, agree and authorize that (a) your information may be sent to financial providers on your behalf, (b) your information may be used in order to make sure you are who you say you are, and to may be used by financial providers to determine how much debt you currently have in order to determine your debt-to-income ratio, (c) such financial providers may obtain consumer reports and related information about you from one or more consumer reporting agencies, such as TransUnion, Experian and Equifax, and (d) your information may be used to make prequalification and other credit or insurance decisions.
Third Party Websites:
The Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. ProFund™ has no control over and is not responsible for such sites and resources, and links to such sites and resources do not indicate ProFund's endorsement of or affiliation with such sites and resources. You further acknowledge and agree that ProFund™ will 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 content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that ProFund™ is not liable for any loss or claim that you may have against any such third party.
Indemnity and Release:
You agree to release, indemnify and hold ProFund™ and our affiliates and our and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
CONSENT FOR ELECTRONIC SIGNATURES, RECORDS, AND DISCLOSURES (“E-Consent”)
Please read this information carefully and print a copy and/or retain this information for future reference.
Introduction
You are submitting a request to be matched with one of our financial providers. In order to offer you a product, the financial providers need your consent to use and accept electronic signatures, records and disclosures (“E-Consent”). This form notifies you of your rights when receiving electronic disclosures, notices and information. By clicking on the link assenting to our terms, you acknowledge that you received this E-Consent and that you consent to conduct transactions using electronic signatures, electronic disclosures, electronic records and electronic contract documents (“Disclosures”).
Option for Paper or Non-Electronic Records
You may request any Disclosures in paper copy by contacting ProFund™ and/or the service provider directly. ProFund™ and/or the financial providers will provide paper copies at no charge. ProFund™ and/or financial providers will retain all Disclosures as applicable law requires. To obtain a paper copy form, please notify us at https://profund.net/support by completing the contact us form and selecting the applicable type of notification or request from the drop-down menu. In order to obtain a paper copy from a service provider, please contact that third party directly.
Scope of Consent
This E-Consent applies to all interactions online concerning you, ProFund™, and the service provider and includes those interactions engaged in on any mobile device, including phones, smart-phones, and tablets. By exercising this E-Consent, ProFund™ and/or the service provider may process your information and interact during all online interactions with you electronically. ProFund™ and/or the service provider may also send you notices electronically related to its interactions and transactions. Disclosures may be provided online at our or the financial providers’ websites, and may be provided by email.
Consenting to Do Business Electronically
Before you decide to do business electronically with ProFund™ and/or the financial providers, you should consider whether you have the required hardware and software capabilities described below.
Hardware and Software Requirements
To access and retain the Disclosures electronically, you will need to use the following computer software and hardware: A PC or Mac compatible computer or other device capable of accessing the Internet, access to an email account, and an Internet browser software program that supports at least 128-bit encryption, such as Microsoft® Internet Explorer, Netscape® or Mozilla Firefox®. To read some documents, you may need a PDF file reader like Adobe® Acrobat Reader X® or Foxit®. You will need a printer or a long-term storage device, such as your computer’s disk drive, to retain a copy of the Disclosures for future reference. You may send any questions regarding the hardware and software requirements by notifying us directly at https://profund.net/support by completing the contact us form and selecting the applicable type of notification or request from the drop-down menu or by contacting the financial providers directly.
Withdrawing Consent
Your E-Consent for our matching service and for our financial providers’ consideration of your matching request cannot be withdrawn because it is a one-time transaction. If you are matched with one or more service providers, you are free to withdraw your E-Consent with ProFund™ and/or service providers at any time and at no charge. However, if you withdraw this E-Consent before receiving credit from a service provider, you may be prevented from obtaining credit from the service provider. If you wish to withdraw this E-Consent, please contact the service provider or notify us at https://profund.net/support by completing the contact us form and selecting the applicable type of notification or request from the drop-down menu. If you decide to withdraw this E-Consent, the legal effectiveness, validity and enforceability of prior electronic Disclosures will not be affected.
Change to Your Contact Information
You should keep ProFund™ and/or the financial providers informed of any change in your electronic address or mailing address. You may update such information by logging into ProFund’s and/or the financial provider’s website or by sending ProFund™ and/or the service provider a written update by mail.
YOUR ABILITY TO ACCESS DISCLOSURES. BY CLICKING THE LINK, YOU ASSENT TO OUR TERMS. YOU ACKNOWLEDGE THAT YOU CAN ACCESS THE DISCLOSURES IN THE DESIGNATED FORMATS DESCRIBED ABOVE.
CONSENT. BY CLICKING THE LINK, YOU ASSENT TO THE TERMS. YOU ACKNOWLEDGE YOU HAVE READ THIS INFORMATION ABOUT ELECTRONIC SIGNATURES, RECORDS, DISCLOSURES AND DOING BUSINESS ELECTRONICALLY. YOU CONSENT TO USING ELECTRONIC SIGNATURES, HAVING ALL DISCLOSURES PROVIDED OR MADE AVAILABLE TO YOU IN ELECTRONIC FORM AND TO DOING BUSINESS WITH THE SERVICE PROVIDER ELECTRONICALLY. YOU ACKNOWLEDGE THAT YOU MAY REQUEST A PAPER COPY OF THE ELECTRONIC RECORDS AND DISCLOSURES, WHICH WILL BE PROVIDED TO YOU AT NO CHARGE. IF YOU REFRAIN FROM PROCEEDING THEN YOU NEITHER WISH TO USE ELECTRONIC SIGNATURES NOR CONDUCT THIS TRANSACTION ELECTRONICALLY. YOU ALSO ACKNOWLEDGE THAT YOUR CONSENT TO ELECTRONIC DISCLOSURES IS REQUIRED TO RECEIVE SERVICES FROM THIRD PARTY FINANCIAL PROVIDERS OVER THE INTERNET.
Contact by Telephone:
You are providing express written consent to be contacted by ProFund™ and its financial providers at the telephone number(s) you have provided to explore financial products, including contact through automatic dialing systems, artificial or prerecorded voice messaging, or text message (including SMS and MMS – charges may apply).
When you receive SMS and MMS notifications, you are also providing express written consent to be contacted to receive recurring messages at the phone number(s) provided about the services you inquired about. Message and data rates may apply. Message frequency will vary. ProFund™ and mobile carriers are not liable for delayed or undelivered messages. SMS/MMS services is supported on all U.S. carriers. Please note, however, that the supporting mobile carriers may change without notice and may be limited to specific carriers.
You can cancel this service at any time. Just text “STOP” to the number from which you received communication. After you send the message “STOP” to us, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from us. If you want to join again, just sign up as you did the first time and we will start sending messages to you again. For help with the service please send the message “HELP” to the number from which you received communication. After you send the message “HELP” to us, we will respond with instructions on how to receive further help with the service.
You may be contacted at the telephone number(s) you have provided even if your telephone number is currently listed on any internal, corporate, state, federal or national Do-Not-Call (DNC) list. This consent is not required as a condition to purchase services.
Disclaimer of Warranties:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PROFUND™ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
PROFUND™ MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
Limitation of Liability:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROFUND™ WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF PROFITS, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PROFUND™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL PROFUND's TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
Dispute Resolution:
Any controversy or claim arising out of or relating to these Terms of Service or the breach thereof shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules (including the Optional Rules for Emergency Measures of Protection), and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration proceedings shall be conducted before one (1) neutral arbitrator selected by the American Arbitration Association. The place of arbitration shall be Collin County, Texas. Either party may apply to the arbitrator seeking injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. Either party may, without waiving any remedy under these Terms of Service, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the controversy).
Termination:
You agree that ProFund™, in our sole discretion, may suspend or terminate your use of the Services and remove and discard any content within the Services for any reason, including, without limitation, for lack of use or if ProFund™ believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. ProFund™ may also in our sole discretion and at any time discontinue providing the Services or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms of Service may be affected without prior notice, and acknowledge and agree that ProFund™ may immediately delete any information you have submitted or uploaded to the Services and/or bar any further access to such information or the Services. Further, you agree that ProFund™ will not be liable to you or any third party for any termination of your access to the Services, and that ProFund™ may take any measures we deem necessary to restrict access to the Services, including blocking IP addresses.
User Disputes:
You agree that you are solely responsible for your interactions with financial providers or any services about which you obtain information through the Services, and ProFund™ will have no liability or responsibility with respect thereto. ProFund™ reserves the right, but has no obligation, to become involved in any way with disputes between you and any such financial providers or services.
General:
These Terms of Service constitute the entire agreement between you and ProFund™ and govern your use of the Services, superseding any prior agreements between you and ProFund™ with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of Texas without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration as set forth above, you and ProFund™ agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Collin County, Texas. The failure of ProFund™ to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of ProFund™, but ProFund™ may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Services.
Your Privacy:
At ProFund™, we respect the privacy of our users. For details, please see our Privacy Policy located at https://profund.net/privacy-policy. By using the Services, you consent to our collection and use of your personal data as outlined therein.
Questions? Concerns? Suggestions?
Please contact us at https://profund.net/support by completing the contact us form and selecting the applicable type of request or question from the drop-down menu. The aforementioned link may be used to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Services.
Date of Last Revision: December 2022
