TERMS OF USE

These Terms of Use apply to http://www.fundadream.org and any associated domains (collectively referred to as the “Site”). We use the terms “we,” “FundaDream Insurance Solutions, Inc.,” “FundaDream,” or the “Company” to refer to these entities collectively and individually, as the context requires. FundaDream Insurance Solutions, Inc. is a licensed California insurance corporation.

Please read these Terms of Use carefully. By using the Site, you agree to be bound by these Terms of Use.

We may at any time, and without notice, revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Use.

You Agree to These Terms by Using the Site

Your access to, and use of, the Site is subject to these Terms of Use and all applicable laws and regulations. By accessing and using the Site in any manner, you accept, without limitation or qualification, all of the terms and conditions set forth in these Terms of Use. If you do not agree and accept, without limitation or qualification, these Terms of Use or any portion of them, you must not use the Site.

Please check this page regularly for updates and modifications to the Terms of Use. We may modify or amend them at any time in our sole discretion without notice to you except via a posting on the Site. Your use of the Site following any such posting constitutes acceptance of the revised terms.

Ownership of Content

The Site and all content and materials on the Site including, but not limited to, all text and images and all trademarks, service marks and logos (collectively, “Content”) are the property of FundaDream or its affiliates or of the third parties who permit FundaDream to display such Content under license, with all rights reserved unless otherwise noted, and are protected by all applicable laws.

No materials from the services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express permission.

Your Use of the Site

The Site and all Content on the Site is available only for your personal, lawful, and non-commercial use in connection with seeking financial planning and insurance services and other product information.

You may not distribute, modify, post, copy, transmit, display, reuse, reproduce, publish, license, decompile, disassemble, attempt to derive the source code of, create derivative works from, transfer, rent, lease, sell or otherwise use the Site.

Products and Services

FundaDream Insurance Solutions, Inc. is a California-licensed insurance corporation (California Insurance License No. 0M95835 that partners with licensed financial professionals to offer life insurance, annuity, and related financial planning services to individuals, families, and business owners. The Site provides information about FundaDream’s services, the financial professionals in its network, and FundaDream’s corporate charitable giving model.

When you submit an inquiry through the Site, FundaDream may share your personal information — including your name, address, telephone number, email address, and financial information — with licensed financial professionals in FundaDream’s network for the purpose of contacting you regarding financial planning and insurance services.

FundaDream Insurance Solutions, Inc. is a licensed California insurance corporation. License No. 0M95835. Services described on this Site may not be available in all states.

Telephone Contact Consent — TCPA Notice

By submitting an inquiry through the Site, you consent to being contacted by FundaDream Insurance Solutions, Inc. and licensed financial professionals in FundaDream’s network regarding financial planning and insurance services, including by telephone (including autodialed or prerecorded calls), text message, and email, even if you are listed on any state, federal, or corporate do-not-call registry, subject to applicable law.

No Financial, Legal, or Tax Advice — Not a Fiduciary

The information provided on this Site is for general informational purposes only and does not constitute financial advice, investment advice, insurance advice, legal advice, or tax advice. The Site and its content may not be relied upon as a basis for any financial, insurance, legal, or tax decision.

FundaDream, its employees, and its representatives are not authorized to give tax or legal advice. Nothing on this Site creates a financial advisory, fiduciary, attorney-client, or other professional relationship between FundaDream and any user. FundaDream does not act as a fiduciary with respect to any user or any information, recommendation, or service provided through this Site.

You are strongly encouraged to seek advice about your specific circumstances from your own licensed financial, insurance, tax, or legal adviser before making any financial or insurance decision.

Charitable Giving

FundaDream directs a portion of its general corporate revenues to IRS-recognized 501(c)(3) charitable organizations on a periodic basis, with a primary focus on youth athletic programs. FundaDream’s charitable giving is made at the sole discretion of FundaDream leadership.

FundaDream’s charitable giving is not a consumer benefit, consumer entitlement, or inducement to purchase any financial product or service. The giving is not tied to any individual insurance transaction, premium payment, policy placement, or client relationship. No user of this Site has any right to direct, request, or receive any benefit from FundaDream’s charitable giving activities. FundaDream reserves the right to modify, suspend, or discontinue its charitable giving program at any time at its sole discretion.

Privacy

We may collect registration and other information about you through our services. Our collection and use of this information is described in the FundaDream Privacy Policy, available at fundadream.org/privacy-policy. Any other communication or material you provide or transmit to the Site may be used by us for any purpose and without restriction or obligation to you.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND ALL PRODUCTS AND SERVICES INCLUDED ON OR ASSOCIATED WITH THE SITE IS AT YOUR SOLE DISCRETION AND RISK.

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALTHOUGH FUNDADREAM SEEKS TO MAINTAIN SAFE, SECURE, ACCURATE, AND WELL-FUNCTIONING SERVICES, WE CANNOT GUARANTEE THE CONTINUOUS OPERATION OF OR ACCESS TO OUR SERVICES, AND THERE MAY AT TIMES BE INADVERTENT TECHNICAL OR FACTUAL ERRORS OR INACCURACIES.

Limitation of Liability

YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER FUNDADREAM, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS, SHAREHOLDERS, AGENTS, ATTORNEYS, REPRESENTATIVES OR ANY OF THE FOREGOING OF ANY OF ITS AFFILIATES AND SUBSIDIARIES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER LOSS, DAMAGE, CLAIM OR LIABILITY OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATED TO (1) THE USE OF THE SITE OR CONTENT, OR INABILITY TO USE THE SITE, (2) ANY THIRD-PARTY SITES OR MATERIALS THEREON, (3) ANY DEFECT, DELAY, INTERRUPTION, ERROR OR VIRUS, OR (4) EXCEPT AS A RESULT OF OUR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, THE UNAUTHORIZED ALTERATION OR DISCLOSURE OF YOUR PERSONAL INFORMATION.

User Indemnification

You agree to indemnify, defend, and hold harmless FundaDream Insurance Solutions, Inc. and its officers, directors, employees, agents, licensors, affiliates, and successors from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

• Your use of the Site or Services;
• Your violation of these Terms of Use;
• Your violation of any applicable law, regulation, or third-party right, including any intellectual property, privacy, or proprietary right;
• Any content or information you submit, post, or transmit through the Site; or
• Any misrepresentation made by you in connection with your use of the Site.

FundaDream reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with FundaDream in asserting any available defenses. This indemnification obligation will survive the termination or expiration of these Terms of Use and your use of the Site.

Links to Third Parties

The Services include links to third-party products, services and websites, as well as materials provided by third parties. We do not control, and are not responsible for, the content on or the privacy policies or security of any third-party sites. We encourage you to read the terms of use and privacy policies of any such linked third-party site, as they differ from ours.

Ability to Accept Terms of Service

Our services are intended to be accessed and used only by adults and are not directed to minors. FundaDream is not intended for or directed to persons under the age of 18. Any person who provides their information to FundaDream through any part of the FundaDream service represents to FundaDream that he or she is 18 years of age or older. If you are under the age of 18, then please do not use the FundaDream Service.

Mandatory Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO HAVE CLAIMS DECIDED BY A JURY.

Agreement to Arbitrate: You and FundaDream Insurance Solutions, Inc. agree that any dispute, claim, or controversy arising out of or relating to these Terms of Use, the Site, or the Services (collectively, “Disputes”) will be resolved exclusively through binding individual arbitration, rather than in court, except as set forth below. This arbitration agreement is governed by the Federal Arbitration Act.

Arbitration Process: Arbitration will be administered by JAMS or the American Arbitration Association (“AAA”) under their applicable consumer arbitration rules, which are available at www.jamsadr.com and www.adr.org respectively. The arbitration will be conducted in California, or at another mutually agreed location, or by telephone or video conference at the election of either party. The arbitrator will have authority to grant any relief that would otherwise be available in court.

Cost Allocation: FundaDream will pay all JAMS or AAA filing, administration, and arbitrator fees for any arbitration that you initiate, except as otherwise provided in the applicable arbitration rules. You are responsible for your own attorneys’ fees and costs unless the arbitrator determines you are the prevailing party and awards you such fees and costs.

Class Action Waiver: YOU AND FUNDADREAM 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, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of representative or class proceeding.

Exceptions: Either party may bring an individual action in small claims court. Either party may seek emergency injunctive relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration. Nothing in this arbitration agreement prevents you from reporting complaints to any government agency or exercising any rights that cannot be waived by private agreement.

Opt-Out Right: You may opt out of this arbitration agreement by sending written notice to FundaDream at contact@fundadream.org within 30 days of first agreeing to these Terms of Use. Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration. If you opt out, all disputes will be resolved in the courts specified in the Dispute Venue section below.

Dispute Venue and Jurisdiction

For any Dispute not subject to arbitration under the section above, or if you exercise your right to opt out of arbitration, you and FundaDream agree to submit to the exclusive personal jurisdiction of the state and federal courts located in the State of California, County of Sonoma, and both parties waive any objection to venue in those courts.

For arbitration proceedings, the seat of arbitration will be California unless the parties mutually agree to a different location or to conduct the arbitration by telephone or video conference.

Notice to California Residents

Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the services.

Governing Law

The laws of the State of California will govern the interpretation and enforcement of these Terms of Use and any dispute arising out of or relating to them, without giving effect to any principles of conflicts of laws. See the Dispute Venue and Jurisdiction section above for the forum in which disputes will be resolved.

Multi-State Expansion Notice

These Terms of Use currently reflect California law and California regulatory requirements. As FundaDream’s professional network expands to other states, state-specific review of these Terms will be required. Certain states maintain their own consumer protection and telemarketing registration requirements, and California itself requires telemarketers to register with the Attorney General. State-specific legal review should be completed before FundaDream actively solicits consumers or onboards financial professionals in each new state.

Digital Millennium Copyright Act (DMCA) Notice

FundaDream takes claims of copyright infringement seriously. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) by submitting written notification including all of the following:

• Identification of the copyrighted work claimed to have been infringed.
• Clear identification of the allegedly infringing material, along with enough information to allow us to locate it on the Site.
• Contact information for the complaining party, including address, telephone number, and if available, email address.
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that the information you have given is accurate and that you are authorized to act on behalf of the copyright owner.
• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that is allegedly infringed.

All DMCA notices should be sent to: contact@fundadream.org

It is our policy to terminate any online account or membership of any user who infringes the copyrights of others.