PLEASE READ THE FOLLOWING TERMS OF SERVICE BEFORE USING OR ACCESSING THE FUNDICA.COM WEBSITE (THE "SITE"), ANY OF ITS SUBDOMAINS SITES (THE “SUBDOMAINS SITES”) THAT ARE OPERATED FOR ITS THE SUBDOMAIN PARTNERS (THE “SUBDOMAIN PARTNERS”) AND RELATED FUNDING RESEARCH, IDENTIFICATION OF OTHER FUNDING SOURCES, AND SUPPORT SERVICES (THE "SERVICES") PROVIDED BY 10063908 CANADA INC ("FUNDICA"). .

ANY PERSON OR ENTITY ("USER" OR "YOU"/"YOUR") ACCESSING OR USING THE SITE OR THE SERVICES AGREES TO AND IS LEGALLY BOUND BY THE FOLLOWING TERMS OF SERVICE (THE "AGREEMENT") AND BY THE FUNDICA PRIVACY POLICY WHICH IS AVAILABLE ONLINE AT: HTTPS://NYSBDC.FUNDICA.COM/PRIVACYPOLICY/. IF YOU DO NOT AGREE WITH THIS AGREEMENT OR THE FUNDICA PRIVACY POLICY YOU SHOULD IMMEDIATELY REFRAIN FROM USING THE SITE AND THE SERVICES. FUNDICA RESERVES THE RIGHT TO CHANGE OR MODIFY THE TERMS OF THIS AGREEMENT AND THE TERMS OF THE FUNDICA PRIVACY POLICY AT ANY TIME.

If You have any questions or concerns about this Agreement or the Fundica Privacy Policy please email us at: privacy@fundica.com or call us at 1-855-FUNDICA.

1. REGISTRATION AND CONSENT TO USE DATA

In order to use the Site and the Services, You must register to create an account and You will be asked to provide certain information about Your company and/or You, including contact information and certain other specific information depending on the purposes for which You are using the Site and/or the Services. Fundica will collect and use this information for the purposes of managing your account and providing the Services. You represent and warrant that You are authorized to provide all the information you provide upon registration for the Services, and that the information You provide is accurate, current and truthful information. You also hereby authorize Fundica to display Your company logo, company image, personal picture, and/or any other information you choose to provide during the registration process in the search results portion of the Site or in any other appropriate location on the Site.

Our Services are not intended for, nor designed to attract, individuals under the age of thirteen (13). We do not knowingly collect personal information from any person under the age of 13. It is against Fundica's policy for anyone under the age of 13 to create an account or otherwise use the Services. By using the Services, You confirm that You are at least 13 years old.

If Fundica becomes aware that a child under the age of 13 has provided personal information, steps will be taken to remove such information and terminate the child's account. If you are a parent or guardian and aware that your child has given personal information to Fundica, please contact us so we can exercise the necessary actions.

2. PRIVACY POLICY

In order to use the Site and the Services, You may be asked to provide certain personal information. The collection, use and disclosure of this personal information is governed by Fundica's Privacy Policy, available online at: HTTPS://NYSBDC.FUNDICA.COM/PRIVACYPOLICY/. By using the Site and the Services, You agree to Fundica's Privacy Policy.

3. ACCOUNT SECURITY CONDITIONS

You will receive a password and account designation upon completing the registration process for the Site and the Services. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur using Your password or account. You agree to (a) immediately notify Fundica of any unauthorized use of Your password or account or any other breach of security; (b) provide complete and current information whenever and wherever it is requested on the Site and, (c) ensure that You exit from Your account at the end of each session. Fundica cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section.

4. MEMBER CONDUCT

You may only view, copy or print material available on the Site or through the Services for Your own use, and may not distribute or reproduce any material from the Site or use the Services for anything other than its intended purpose. You agree not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with the Site in any manner. If You in any way Interfere with the Site, You agree to pay all damages incurred by Fundica, including any consequential damages, and agree that the measure of harm to evaluate such damages will be the highest estimate of damages as provided for by Fundica. You agree not to access or copy in bulk, retrieve, harvest, or index and portion of the Services (collectively, “Scrape”) or use, support, or develop any robot, spider, scripts, or other automatic device, process, or means to Scrape the Services for any purpose. Your Interference with or Scraping of the Site relieves Fundica of any of its contractual and any other legal obligations to You. Fundica will cooperate with the authorities in prosecuting any User who Interferes with or Scrapes the Site, attempts to defraud Fundica, or any other persons through User's use of the Site or Services.

Under the fullest extent allowed by applicable legislation, Fundica shall not be held accountable for any indirect, incidental, special, punitive, or resulting damages that arise from or are related to the use of the Services or Your violation of these Terms of Service, irrespective of whether the company has been made aware of the possibility of such damages.

5. INTELLECTUAL PROPERTY

The Site is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of Canada, the United States and other countries. The Services and any related processes are protected by patents (either pending or registered), trademarks, service marks, international treaties, and/or other proprietary rights and laws of Canada, the United States and other countries. You agree to abide by all applicable intellectual property laws and other laws. This Agreement grants You no right, title, or interest in any intellectual property owned or licensed by Fundica, including, without limitation, its trademarks and/or patents (either pending or registered), and creates no direct relationship between You and Fundica other than that of user and service provider under this Agreement.

6. CONFIDENTIALITY

Fundica agrees not to use Your Confidential Information (defined below) for any purpose except to operate the Site and Services in accordance with this Agreement. Fundica agrees to use reasonable efforts not to disclose any of Your Confidential Information to any third party other than to Fundica's employees and consultants and certain other third parties, including Subdomain Partners, who are bound by confidentiality obligations and are required to have access to the Confidential Information in order to operate the Site and perform the Services. However, Fundica will not be liable for unintentional disclosures that occur despite its reasonable efforts to prevent such disclosures. Nothing in this Agreement limits Fundica's right to independently develop, acquire or market products, ideas, or businesses, without use of Your Confidential Information.

"Confidential Information" may include, solely to the extent provided by You through Your use of the Site or the Services, (a) technical information, know-how and other intellectual property, to the fullest extent that such information is maintained as a trade secret by You; (b) confidential marketing strategies; (c) confidential future product plans; (d) confidential financial information ; and (e) other confidential business information. Confidential Information will not include any information that (i) was publicly known and generally available in the public domain prior to the time of disclosure by You; (ii) becomes publicly known and generally available after disclosure by You through no action or inaction of Fundica; (iii) is already in Fundica's possession at the time of disclosure by You; (iv) is obtained by Fundica from a third party without a breach of such third party's obligations of confidentiality; (v) is independently developed by Fundica without use of or reference to Your Confidential Information; or (vi) is required by law to be disclosed by Fundica, provided that Fundica gives You written notice of such requirement prior to such disclosure and assistance in obtaining an order protecting the information from public disclosure.

7. MODIFICATIONS TO SERVICE

Fundica reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Services or the Site (or any part thereof) with or without notice. You agree that Fundica shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Site or the Services. You agree that Fundica has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted for the purposes of the Site or the Services. You acknowledge that Fundica reserves the right to delete accounts that are inactive for an extended period of time. You further acknowledge that Fundica reserves the right to change the general practices and limits set forth in this Section 8 at any time, in its sole discretion.

8. TERMINATION

This Agreement is effective until terminated. Your rights under this Agreement may terminate automatically without notice from Fundica in Fundica's sole discretion. Upon termination of this Agreement, You must cease to use the Site and the Services and Fundica may block its IP address or addresses to You, thereby disallowing Your continued use of the Site.

9. LIMITATION OF LIABILITY & INDEMNIFICATION

Fundica will not be liable to User or any third party for any indirect, incidental, exemplary, special, punitive or consequential damages (including with respect to data; lost profits or savings or business; business interruption or reputational harm) of any kind or nature whatsoever suffered by User or any third party howsoever caused (whether resulting from impaired or inaccurate data, data breaches, software or computer failure, support failure, use of the platform, reliance on results, or any other cause).

In no event will the Fundica’s total aggregate liability arising out of or related to this Agreement or the Site, whether in contract, tort or under any other theory of liability, exceed the greater of (a) fees paid by User for the Services during the 6-month period immediately preceding the date on which the cause of action arose; or (b) $100.00.

The limitations and exclusions of liability set out in this section will apply regardless of the form of action or theory of liability, including for breach of contract, tort, negligence, by statute and regardless of the form or cause of action, even if such damages are foreseeable or Fundica has been advised of the possibility of such damages. User agrees that the limitations and exclusions contained in this agreement are reasonable based upon the commercial circumstances, and that Fundica would not have permitted User to access and use the Site or the Services but for User’s agreement to such limitations and exclusions.

No action arising out of this Agreement may be brought by User more than one year after the date on which the cause of action has accrued.

User shall defend, indemnify and hold harmless Fundica from and against any and all claims, damages, liabilities, losses, costs and expenses (including legal fees, fines, fees and the cost of investigation and resolution), arising out of, relating to or in any connection with any claim, action, suit or proceeding by, or settlement with, any third party based on, or arising as a result of, User’s breach of any warranty, representation, grant, license or waiver of rights or agreement made in this Agreement, or any use of the Site or Services by User.

10. CHANGES

Fundica may modify this Agreement at any time.