TERMS AND CONDITIONS

Last updated: December 2023

Please Read The Following Terms and Conditions (the “Terms”) Carefully.

Please note that all calls with the company may be recorded or monitored for quality assurance and training purposes.

Fund&Grow is a financial consulting service that both educates businesses and assists in connecting them with third party companies offering a variety of financial resources.

Disputes pertaining to this website and our services are determined by arbitration. Please see the arbitration and class action waiver provisions below. You have the right to opt out of our agreement to arbitrate. See the Legal Disputes section of this Agreement.

• AGREEMENT BETWEEN USER AND FUNDANDGROW.COM - The www.fundandgrow.com website (the “Site”) is comprised of various web pages operated by Fund&Grow, Inc. BY ACCESSING AND USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Site constitutes your agreement to all such terms, conditions, and notices.
  
  MODIFICATION OF THESE TERMS - Fund&Grow may periodically modify these Terms as well as the services themselves, without notice. You are responsible for checking these Terms for revisions. All amended Terms become effective upon our posting to the Site, and any use of the Site after such revisions have been posted signifies your consent to the change. If the Terms are updated, the date that the Site was “Last Updated” will be reflected at the top of the Terms.
  
  PRIVACY POLICY - Registration information and certain other information about you is subject to our Privacy Policy. For more information, see our privacy policy.
  
  THIRD PARTY CONTENT - We may distribute content supplied by third parties on the Site. Any opinions, advice, statement, services, offers, or other information or content expressed or made available by third parties, including information providers or any other user of the Site, are those of the respective author(s) or distributor(s) and not of Fund&Grow.
  
  LINKS TO THIRD PARTY SITES - he Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Fund&Grow and Fund&Grow is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Fund&Grow is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Fund&Grow of the site or any association with its operators.
  
• NO UNLAWFUL OR PROHIBITED USE  - As a condition of your use of the Site, you warrant to Fund&Grow that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
  
  OWNERSHIP OF INFORMATION  - If you send us any creative materials, such as comments, suggestions, ideas, concepts, drawings, pictures, or other materials (collectively, the "Submissions"), you agree that the Submissions shall be deemed, and shall remain, the property of Fund&Grow. None of the Submissions shall be subject to any obligation of confidentiality on the part of Fund&Grow, and Fund&Grow shall not be liable for any use or disclosure of any of the Submissions. Without limitation of the foregoing, Fund&Grow shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the world and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
  
• YOU ARE RESPONSIBLE FOR YOUR FINANCIAL DECISIONS - We, through our services, may introduce you to or connect you with third-party service providers, such as financial institutions and credit card providers, (“Service Providers”). Our goal is to provide options and ideas to fit your financial needs. While our goal is to introduce you to qualified companies, ultimately, it is your responsibility to investigate Service Providers. You acknowledge and agree that Service Providers are solely responsible for any services that they may provide to you and that we are not liable for any losses, costs, damages or claims in connection with, arising from, or related to, your use of a Service Provider’s products or services, including their credit cards or other credit offers. We urge you to conduct your own due diligence when reviewing available services and review contracts and/or terms with such Service Providers. We do not guarantee that quotes, fees, terms, rates, coverage or services offered by Service Providers are the best available, nor do we guarantee the success of the services. You acknowledge and agree that you rely on your own judgment in selecting any products or services offered by Service Providers, even if we present the contract to you.
  
• SMS AND AUTO DIALED CALLS - By entering your contact information onto the Site you expressly request to receive information/offers from Fund&Grow via telephone call, email and text/SMS message (including through the use of an automatic telephone dialing system, auto-selector or artificial/prerecorded voice, even if your telephone number(s) is/are currently listed on any state, federal or corporate Do Not Call list). Consent to such communications is not a requirement to purchasing the goods or services that we are. Standard text message rates and cellular data charges apply.
  
  
  1. OPT-OUT RIGHTS & DO NOT CONTACT:  You may opt out of receiving emails, text messages, and automated phone calls from us by doing the following:

                                                                            i.      For emails, by clicking “unsubscribe” on any emails from us.

                                                                          ii.      For texts, by replying “STOP” to any text message from us.

                                                                        iii.      Overall, by emailing us at donotcontact@fundandgrow.com as follows:  you must put “Do Not Contact” in the subject line of your email communications and include your name, address, cell phone number, and email address in the email along with an explanation of which types of communications you are opting out of.

   You represent you are the owner or authorized user of the mobile device on which messages will be received, and that you are authorized to approve any applicable charges.

• DISCLAIMER OF WARRANTIES
  
  YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE MATERIAL PROVIDED ON THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, FUND&GROW DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SITE, ANY USE OF THE SITE AND ANY WEBSITE TO WHICH THE SITE IS LINKED. COMPANY DOES NOT WARRANT THAT THE MATERIAL ON THE SITE IS COMPLETE OR ACCURATE, THAT USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR SERVER OR ANY MATERIAL ON THIS WEBSITE IS FREE OF DISABLING DEVICES (AS HEREINAFTER DEFINED).
  
  YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SERVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.
  
  A "DISABLING DEVICE" IS DEFINED AS ANY SOFTWARE, DOCUMENT, MESSAGE OR OTHER MATERIAL WHICH CONTAINS A COMPUTER VIRUS, WORM, TROJAN HORSE, TIME-BOMB OR OTHER HARMFUL DEVICE WHICH MAY ERASE, SCRAMBLE, LOCK OR DISABLE COMPUTER SOFTWARE OR EQUIPMENT OR MAY PREVENT USERS FROM USING A WEBSITE OR ANY OTHER ITEM OF HARDWARE OR SOFTWARE.
• LIMITATIONS ON AUTHORITY
  
  WHILE FUND&GROW USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE SITE, ERRORS OR OMISSIONS SOMETIMES OCCUR. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL FUND&GROW, OR ITS OFFICERS, EMPLOYEES, DIRECTORS, MANAGERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THIS WEBSITE, OR THE MATERIAL, INCLUDING WITHOUT LIMITATION, USE OF OR RELIANCE ON THE MATERIAL, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETION OF FILES, DISABLING DEVICES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE. YOU (AND NOT FUND&GROW OR ITS PARENTS OR AFFILIATES) SOLELY ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION RELATED TO ANY DAMAGE, HARM, INJURY OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THE SITE AND/OR ITS CONTENTS.
  
  TERMINATION/ACCESS RESTRICTION - You agree that Fund&Grow, in its sole discretion, may terminate your access to the Site without prior notice, for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. FURTHER, YOU AGREE THAT FUND&GROW SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE. The provisions of these Terms shall survive any termination of your access to the Site.
  
  INDEMNIFICATION - You agree to indemnify, defend and hold harmless Fund&Grow, its parents, subsidiaries, affiliates, officers, directors, managers and other partners, employees, consultants and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) resulting or arising from (1) any false information you (or anyone accessing the your account, computer or device) submit through the Site, (2) your violation of these Terms or applicable law, (3) your (or anyone using your account/computer/device) violation of any rights of any other person or entity, or (4) any Disabling Device or other similar harmful or deleterious programming routines input by you into the Website.
  
• COPYRIGHT AND TRADEMARK NOTICES: All materials included on the Site, except third party content, is the property of Fund&Grow and is protected by United States and international copyright laws. No portion of the material on the Site may be reprinted or republished in any form without the express written permission of Fund&Grow or, with respect to third party content, its respective owner. You may download material from the Site your own personal, non-commercial use only, provided you do not modify the material and keep intact all copyright and other proprietary notices. You may not further distribute or display such material for any purpose. Without our prior written consent, you may not (a) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (b) use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts or other automatic device) to monitor or copy our web pages or the content contained thereon; (c) link or deep-link to the Site for any purpose; or (d) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. Certain of the names, logos, and other materials displayed on the Site may constitute trademarks, tradenames, service marks or logos ("Marks") of Fund&Grow or third parties. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith, with the exception of the third party Marks, remains with Fund&Grow and are protected by United States and international trademark laws. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any of the Marks displayed on the Site. Your use of the Marks displayed on the Site, or any other content on the Site, except as provided herein, is strictly prohibited. All Marks not owned by Fund&Grow that appear on the Site are the property of their respective owners.
  
  COPYRIGHT INFRINGEMENT POLICY - In accordance with the requirements set forth in the Digital Millennium Copyright Act, Title 17 United States Code Section 512(c)(2) (“DMCA”), Fund&Grow will investigate notices of copyright infringement and take appropriate remedial action. If you believe that any Content on the Site has been used or copied in a manner that infringes your work, please provide a written notification of claimed copyright infringement to the Designated Agent for the Site containing the following elements as set forth in the DMCA:
  
  • a physical or electronic signature of the owner of the copyright interest that is alleged to have been infringed or the person authorized to act on behalf of the owner;
  • identification of the copyrighted work(s) claimed to have been infringed, including copyright date;
  • identification of the Content you claim to be infringing and which you request be removed from the Site or access to which is to be disabled along with a description of where the infringing Content is located;
  • information reasonably sufficient to allow us to contact you, such as a physical address, telephone number and an email address; • a statement by you that you have a good faith belief that the use of the Content identified in your written notification in the manner complained of is not authorized by you or the copyright owner, its agent or the law; and
  • a statement by you that the information in your written notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on behalf of the copyright owner. Fund&Grow’s designated agent for the written notification of claims of copyright infringement can be contacted at the following address:
  
  Designated Agent – Copyright Infringement Claims Fund&Grow 8328 Balm Street, Spring Hill, Florida 34614
  
  Email: legal@fundandgrow.com
• GOVERNING LAW AND DISPUTE RESOLUTION--ARBITRATION AND CLASS ACTION WAIVER
  
  HOW WE AGREE TO RESOLVE DISPUTES—MANDATORY ARBITRATION OF ALL CLAIMS AND DISPUTES: THIS SECTION PROVIDES IMPORTANT INFORMATION ABOUT BINDING ARBITRATION. UNLESS CLIENT OPTS-OUT OF THIS ARBITRATION AGREEMENT BY E-MAILING E-MAIL ADDRESS WITHIN 30 DAYS OF FIRST SIGNING UP FOR SERVICES, CLIENT AND COMPANY SHALL BE BOUND BY THIS BINDING AGREEMENT TO ARBITRATE ANY CLAIMS, AND GIVE UP ALL RIGHTS TO SEEK RELIEF IN THE COURTS EXCEPT AS PROVIDED HEREIN TO ENFORCE ANY ARBITRATION AWARD. This Agreement shall be governed by the laws of the State of Florida, and any Conflict of Law provisions thereunder. In the event of any controversy, claim, or dispute between the parties arising out of or relating to this Agreement, the parties agree to resolve all issues solely through the use of binding Arbitration, governed by the rules of the American Arbitration Association (“AAA”) pursuant to the Federal Arbitration Act. Any such Arbitration shall take place within Hernando County, Florida or at such other location as the parties may agree, and shall be conducted by a mutually agreed upon Arbitrator. The arbitrator shall be neutral, independent, and shall comply with the AAA code of ethics. The arbitrator or arbitration panel shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability of formation of this Agreement and of this arbitration requirement. The award rendered by the Arbitrator shall be final, binding on all parties, but subject to review in accordance with applicable statutes, rules and regulations governing arbitration awards. Judgment on the award made by the Arbitrator may be entered into any court having jurisdiction over the parties. If either party fails to comply with the Arbitrator’s award, the injured party may petition the Circuit Court for enforcement. The parties further agree that either party may bring claims against the other only in his/her, or its individual capacity and not as a Plaintiff or class member in any purported class action or representative proceeding. Further, the parties agree that the Arbitrator may not consolidate proceedings of more than one person’s claims, and may not otherwise preside over any form of representative or class proceeding. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. In the event that a party fails to proceed with Arbitration, unsuccessfully challenges the Arbitrator’s award, or fails to comply with the Arbitrator’s award, the other party shall be entitled to costs of suit, including reasonable attorneys’ fees for having to compel Arbitration or defend or enforce the award. This section and the arbitration requirement shall survive termination of Services or the Agreement.
  
  This website is intended for informational purposes and as a reference tool to match consumers with companies that may be able to assist them.
  
  PLEASE PRINT AND RETAIN A COPY OF THESE TERMS OF SERVICE FOR YOUR RECORDS.