Investor Terms of Use

June 5, 2019

As a condition to using Funding Circle’s website and resources, you must agree to the following terms and conditions of use. If you do not agree to these terms and conditions, you are prohibited from using this website and must exit this website immediately.

Summary

Funding Circle USA, Inc. and its affiliates, including Funding Circle Securities, LLC (collectively Funding Circle, we, or us) own and operate www.fundingcircle.com/us/invest, www.fundingcircle.com/us/investors, https://investor-portal.us/us/investors, and their subdomains (the Website). By using the Website you acknowledge and agree to accept and adhere to the following terms and conditions as stated in this agreement (this User Agreement), along with the terms and conditions as stated in our Investor Privacy Policy. Other websites, including websites for Funding Circle USA, Inc. have their own terms of use which may differ from this policy. Users means anyone who accesses or uses the Website or the Resources. Resources means the Website and, without limitation, all text, data, source code, software, photos, images, information, resources, services, products, tools, and other information on the Website (collectively, the Resources).

We reserve the right in our sole discretion to change or amend this User Agreement from time to time without notice. All changes shall be effective upon posting. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. We may terminate, suspend, change, or restrict your access to all or any part of the Website without cause, notice, or liability.

User Eligibility

The Website and the Resources are solely intended to be accessed and used by persons qualified as Accredited Investors, as defined by Rule 501 of Regulation D under the Securities Act of 1933, and who, in the case of individuals, are at least eighteen (18) years old. Any access or use of the Website or the Resources by any non-Accredited Investor or any natural person under eighteen (18) years of age is unauthorized, unlicensed, and in violation of this User Agreement. We have no responsibility or liability for any unauthorized use by a non-Accredited Investor or person under the age of 18 of the Resources.

By using the Website, the Resources, or any related services, you represent and warrant that:

  1. if you are a natural person acting on your own behalf, you are an Accredited Investor in your own right and are eighteen (18) years of age or older; and
  2. if you are acting on behalf of an entity, the entity: (1) is an Accredited Investor in its own right, (2) authorized you to accept the terms and conditions of this User Agreement on the entity’s behalf, and (3) agrees to indemnify Funding Circle for any violations of this User Agreement; and
  3. in all cases, you, and as applicable, each entity you are acting on behalf of, will abide by all the terms and conditions contained in this User Agreement.

Funding Circle may, in its sole discretion, refuse access to and use of the Website to any person or entity.

Securities Offered

The securities offered by Funding Circle are suitable only for Accredited Investors who are familiar with and are willing to accept the risks associated with private offerings. You understand that investing in securities offered by Funding Circle, which are sold through private placements, requires that you have a high risk tolerance, low liquidity concerns, and a long–term investment horizon. You further understand that the value of such securities can fall as well as rise, and that successful past performance does not guarantee successful future performance. Securities offered by Funding Circle may lose value (in part or in their entireties), and are not guaranteed or insured by Funding Circle, the Securities Investor Protection Corporation (SIPC) or any other public, governmental or private entity.

Unless specifically indicated otherwise, none of the information available through any portion of the Website is an offer to buy or sell, or an attempt to solicit the buying or selling of, any investment products or any other financial product or service, an official confirmation of any transaction, or an attempt to provide any investment recommendation, advice, or service. Further, no information available on the Website or other Resources constitutes financial, legal, or tax advice. You may choose to invest in a security offered by Funding Circle on the Website without accessing all portions of the Website, and you assume any risk arising from such incomplete information. The information contained in the Website has been prepared without reference to the suitability of any particular User’s investment requirements or financial situation.

The Website, the Resources, and other products and services described on the Website are not available in jurisdictions and/or to clients where the provision or use thereof would not comply with applicable laws, or where Funding Circle is not authorized to provide such information or services.

Limitations of Use and Compliance with Laws

You agree to use the Website and the Resources only for the purposes (a) permitted by the terms and conditions of this User Agreement, (b) permitted by applicable laws, regulations, and generally accepted online practices and guidelines; and (c) of evaluating potential investment opportunities.

You may review information (including credit data) posted by or relating to small businesses and their respective guarantors on the Website, which you agree is confidential, but you are not authorized to disclose or otherwise use such information for any purpose other than assessing the creditworthiness of such small businesses and their respective guarantors. You may not reproduce any information (including credit data). Further, you represent and warrant that: (a) you do not have the ability to match any information (including credit data) posted by or relating to a small business and its respective guarantor(s) to the identity of any individual or business; (b) you will not make any attempt to obtain data permitting you to match any information (including credit data) posted by or relating to a small business and its respective guarantor(s) to the identity of any individual or business; (c) you will not accept any information from any third party that permits such a match; and (d) you will not make any such match.

Engaging in any activity that disrupts or interferes or attempts to disrupt or interfere with the Website or the Resources, including the servers and/or networks to which the Resources are located or connected, is strictly prohibited. Attempting to copy, duplicate, reproduce, sell, trade, or resell the Website or the Resources is strictly prohibited.

Access to Resources

In order to access certain Resources and any securities listed by Funding Circle on the Website, you may be required to provide certain information about yourself and/or each entity you are acting on behalf of as part of the registration process. Such Funding Circle listings are available only to those persons authorized access by us (each, an Authorized User). Obtaining authorization may require, without limitation, the completion of accredited investor and suitability questionnaires, background screening, identification verification, and other such information as we may require. You agree that any information you provide for such purposes will be accurate, correct, and current. You further agree to maintain and promptly update information provided for such purposes should any information so provided materially change.

You are responsible for maintaining the confidentiality of any login information associated with any account you use to access the Funding Circle listings. Only Authorized Users with a valid login and password are authorized to access the Funding Circle listings. You may not share your login information with anyone not authorized by Funding Circle to use your account or allow anyone that is not an Authorized User to use your account or the Resources.

Further, you are responsible for all activities that occur under your account. Accessing (or attempting to access) any of the Website or the Resources by any means other than through the means we provide is strictly prohibited and you agree not to access (or attempt to access) the Website or the Resources through any automated or unconventional means without our prior written consent. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you and/or other person(s) with access to your account.

Consent to Doing Business Electronically (Consent)

Affirmative Consent

Because Funding Circle operates principally on the internet, you will need to consent to receive communications and transact business with us online and electronically. This section informs you of your rights when receiving notices, disclosures, documents, reviews, analyses, information, communications, or other materials (collectively Communications) from us electronically, including IRS Form 1099 (an IRS Form 1099 refers to any Form 1099 or other Form, Schedule or information statement, including corrections of such documents, required to be provided pursuant to U.S. Internal Revenue Service rules and regulations and that may be provided electronically (each, an IRS Form 1099)). By accessing this Website, you certify that you understand the requirements stated herein and consent to transact business electronically. You hereby agree that we may, at our sole discretion, deliver all Communications concerning you, your business, or Funding Circle, including, without limitation, information, required or permitted to be provided to you under this User Agreement or any other agreement between you and Funding Circle by means of email, posting on the Website, mobile device communication or other means of electronic communication. You will keep us informed of any change in your email or mailing address so that you can continue to receive all Communications in a timely fashion. You have the right to receive a free paper copy of any Communication by contacting us in the manner described below.

Withdrawing Consent

You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. However, you acknowledge that we may continue to deliver Communications electronically to you after you withdraw consent that are either 1) relevant to our concluding any transactions that occurred while you were a User, 2) are required by law or 3) occur prior to the time we have had a reasonable opportunity to act upon your request. Because we operate as an online investment platform, if you withdraw consent while you have a pending investor application or pending order to purchase securities, we reserve the right to terminate that application or order. The withdrawal of your consent will not affect the legal validity and enforceability of any business transacted between us prior to the time you withdraw your consent, including this User Agreement or any other agreements. Any other further Communications after you withdraw consent, including Communications related to any pending investor application or securities purchase order, will be sent by mail to the address you have provided or by other non-electronic means. We may discontinue providing electronic Communications at any time in our sole discretion.

If you withdraw your consent to receive Communications electronically, we will confirm your withdrawal and its effective date in writing by email. As to Communications related specifically to an IRS Form 1099, any withdrawal of consent will only take effect for the calendar year in which it is made so long as such withdrawal is made before November 1 of such calendar year. We will subsequently provide IRS Forms 1099 by paper to the mailing address you have provided (as updated).

Paper Copies

Any Communications will be provided to you electronically either on our Website or via electronic mail to the email address you provide(d). If you require paper copies of such Communications, you may contact us as provided below and a paper copy will be sent to you at no charge. A request for a paper copy of any Communication will not be considered a withdrawal of your consent to receive Communications electronically.

How to Contact Us regarding Electronic Communications

You can contact us via email at support@fundingcircle-invest.com or by calling us toll-free at (855) 849-1940. You may also reach us in writing to us at Funding Circle, 747 Front Street, Floor 4 San Francisco, CA 94111, Attention: Legal Department.

  1. To withdraw your consent to receive communications electronically, please label your email or letter, or preface your call with: Withdrawing Consent
  2. To update the email address at which you receive communications electronically or your mailing address, please label your email or letter, or preface your call with: Updated Email Address or Updated mailing address (as applicable)
  3. To request paper copies, please label your email or letter, or preface your call with: Paper Copies

Hardware/Software Requirements

Before you decide to do business electronically with us, you should consider whether you have the following required hardware and software capabilities. To access and retain the Communications electronically, you will need to use a device with an internet connection, an up-to-date browser (Chrome version 32.0 or higher, Firefox version 26.0 or higher, Internet Explorer version 8.0 or higher, or Safari version 7.0 or higher) capable of opening portable document formats (PDF, software capable of opening Microsoft Excel file format spreadsheets (.xls files)), a valid email address that has been provided to Funding Circle, and a printer or an ability to save electronic Communications to your personal computer or device. You acknowledge that you can receive and access electronic Communications in the designated format(s) described herein, or other effective manner. For access and optimal printing of your loan documents in PDF format, please download Adobe Reader (to install the free version of Adobe Reader click here: http://get.adobe.com/reader/otherversions/).

If you are accessing our Website electronically through a mobile device, such as a tablet, smartphone or similar device, you must be able to print and save the transmitted Communications. You can find apps that support printing and saving for most mobile devices through your mobile device’s app store. If your mobile device does not have this functionality, you must access our Website through alternate means that provide you with the ability to print and save the Communications.

You agree to print a copy of the User Agreement containing this Consent for your records and you agree and acknowledge that you can access, receive, print and retain all Communications electronically sent via email or posted on the Website.

Content Posting

We may provide links to various social media services. You understand that we do not pre-screen or monitor the content posted by Users of the open communication tools on these social media services, and it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools made available on the social media services, you agree that you will not upload, post, share, or otherwise distribute any content that:

  1. is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
  2. infringes on any trademark, patent, trade secret, copyright, or any other proprietary right of any party;
  3. contains any type of unauthorized or unsolicited advertising; or
  4. impersonates any person or entity, including any Funding Circle employee or representative.

We have the right, in our sole discretion, to remove any content that we feel does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third party copyrights or trademarks. You hereby consent to the removal of any content we may choose to remove, and you consent to waive any claim against us. We are not responsible for any delay or failure in removing any content.

We do not assume any liability or guarantee the accuracy of any content posted by you or any other third party Users. Any content posted by you using any open communication tools on the social media services, provided that it does not violate or infringe on any third party copyrights or trademarks, becomes the sole property of Funding Circle, and as such, gives us exclusive rights to reproduce, modify, adapt, translate, publish, publicly display, and/or distribute as we see fit.

User Disputes

You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.

Call Recording and Monitoring

If you contact Funding Circle (including our agents, representatives or affiliates) by phone or Funding Circle (including our agents, representatives, affiliates, or anyone calling on our behalf) contacts you by phone, you agree that we may monitor and/or record the call for purposes including but not limited to quality assurance, training and/or risk management.

Indemnification

You agree to indemnify, defend and hold harmless Funding Circle, and each of our directors, officers, managers, employees, agents, and licensors, from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement, your use of the Website or the Resources, or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement at your cost and expense. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Privacy

Your privacy is very important to us, which is why we have created a separate Privacy Policy governing the Website to explain how we collect, manage, process, secure, and store your private information. Our Privacy Policy is part of this User Agreement. Our Privacy Policy is available here.

Electronic Communication Privacy Act notice: Funding Circle makes no guarantee of confidentiality or privacy with respect to any information or data displayed on the Website, stored on Funding Circle’s equipment, transmitted over networks controlled or accessed by Funding Circle, or otherwise connected to your use of the Website, the Resources, and any website linked thereto.

Limitation of Warranties

The website and resources may contain technical errors, typographical mistakes, or other inaccuracies. Funding Circle does not undertake the responsibility to update or amend the website or the resources or to provide support for your use of the website or the resources. unless otherwise expressed, the website and the resources are provided as-is, without any warranty and Funding Circle expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, any implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement, or any warranty that the website or the resources are accurate, adequate, or free of viruses or other harmful components.

Furthermore, you understand and agree that:

  1. any content downloaded or otherwise obtained through the use of the Website or the Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices or any loss of data that may result from the download of such content; and
  2. no information or advice, whether expressed, implied, oral or written, obtained by you from Funding Circle (or from any of our agents or representatives) or through the Website or the Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement

Limitation of Liability

Under no circumstances will Funding Circle be liable for any damages including general, special, direct, indirect, incidental, consequential, punitive, or any other damages (including, without limitation, lost profits or business opportunity or business interruption) of any kind whether in an action in contract or negligence arising or relating in any way to the use or inability to use by any party of the website, the resources, or any third–party website to which this website is linked, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure, even if Funding Circle or its representatives are advised of the possibility of such damages, losses, or expenses. Funding Circle is not liable for any defamatory, offensive, or illegal conduct of any user. your sole remedy for dissatisfaction with this website is to stop using the website. if your use of materials from this website results in the need for servicing, repair, or correction of equipment or data, you assume any costs thereof. if the foregoing limitation is found to be invalid, you agree that Funding Circle’s total liability to you for all damages, losses, or causes of action of any kind or nature shall be limited to the amount you paid, if any, for the use of the website.

Copyrights/Trademarks

All content and materials made available by Funding Circle, including, but not limited to, the Website, Resources text, graphics, website name, code, images, and logos are the intellectual property of Funding Circle or the original creator of the material, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to, the reproduction, distribution, display, or transmission of any content on this Website is strictly prohibited, unless specifically authorized in writing by Funding Circle.

Other Agreements

In addition to this User Agreement, you may enter into other agreements with us that will govern your use of the Website or the Resources. If there is any contradiction or conflict between this User Agreement and another agreement you enter into with us applicable to the Website or the Resources, the other agreement shall take precedence in relation to the specific aspects of the Website or the Resources.

Severability

If any part, term, or provision of this User Agreement is held to be illegal, in conflict with any law, or otherwise invalid, the remaining portion or portions shall be considered severable and not be affected, and the rights and obligations of the parties shall be construed and enforced as if this User Agreement did not contain the particular part, term, or provision held to be illegal or invalid.

Termination of Use

You agree that we may, at our sole discretion, limit, suspend, or terminate your access to all or part of the Website and/or the Resources without notice and cause. Any suspected illegal, fraudulent, or abusive activity is also grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination of this User Agreement, your right to access or use the Website and the Resources will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Headings and Section References

Headings of the articles and sections in this User Agreement are for reference purposes only and shall not be deemed to have any substantive effect.

Waiver

Failure by Funding Circle to enforce any of its rights under this User Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.

Governing Law

This User Agreement shall be construed and governed in accordance with the laws of the State of California, excluding conflicts of law provisions except that the following provision shall be governed by the Federal Arbitration Act:

Arbitration

This user agreement contains a predispute arbitration clause as set forth in this section. Pursuant to the arbitration clause the parties agree as follows:

The specific terms of this Arbitration Provision are as follows:

  1. Either party may, at its sole election, require that the sole and exclusive forum and remedy for resolution of a Claim be final and binding arbitration (this “Arbitration Provision”). As used in this Arbitration Provision, “Claim” shall include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and Funding Circle (or persons claiming through or connected with Funding Circle), on the other hand, relating to or arising out of this User Agreement, and or the activities or relationships that involve, lead to, or result from this User Agreement, including (except to the extent provided otherwise in the last sentence of paragraph (e) below) the validity or enforceability of this Arbitration Provision, any part thereof, or the entire User Agreement. Claims are subject to arbitration regardless of whether they arise from contract; tort (intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Claims include (without limitation) matters arising as initial claims, counter-claims, cross-claims, third-party claims, or otherwise. The scope of this Arbitration Provision is to be given the broadest possible interpretation that is enforceable.
  2. Claims Involving An FCS Party. If the Claim involves Funding Circle Securities, LLC (“FCS”) or any of its officers, directors, employees, associates or agents (FCS, together with all such persons, the “FCS Parties”), such Claim at the election of any party thereto shall be finally resolved by arbitration in accordance with the rules then prevailing of Financial Industry Regulatory Authority (“FINRA”) Dispute Resolution. The arbitration shall be conducted in San Francisco, California if then permitted under applicable law and FINRA rules. So long as the Claim involves at least one FCS Party, neither Funding Circle nor User shall object to the jurisdiction of FINRA arbitration on the grounds that User or any Funding Circle party to the Claim is not registered with FINRA or that not all investment products purchased or sold in the relevant account are under the jurisdiction of the particular forum or organization. Claims that may be arbitrated pursuant to this paragraph (b) (provided that the Claim involves at least one FCS Party) include Claims pertaining to any transactions between Funding Circle and User, any account established by Funding Circle for User, any transactions in any such account, any provision of any agreement between Funding Circle and User (including this User Agreement) or any breach of any such agreement. The Claim shall be arbitrated pursuant to paragraph (c) below (rather than this paragraph (b)) if (i) the Claim does not involve any FCS Party, (ii) all parties to the Claim shall so agree, or (iii) FINRA will not accept jurisdiction over the Claim.
  3. Claims Not Involving an FCS Party. Arbitration shall be initiated with the American Arbitration Association or JAMS if (i) the Claim does not involve any FCS Party, (ii) the Claim involves an FCS Party and all parties to the Claim elect to apply this paragraph (c), or (iii) FINRA will not accept jurisdiction over the Claim. When this paragraph (c) applies, the arbitration shall be conducted according to the rules and policies of the administrator selected, except to the extent the rules conflict with this Arbitration Provision or any countervailing law. The arbitration shall be conducted in San Francisco, California if then permitted under applicable law. In the case of a conflict between (i) the rules and policies of the administrator in an arbitration undertaken pursuant to this paragraph (c), and (ii) and this Arbitration Provision, this Arbitration Provision shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply.
  4. If we elect arbitration, we shall pay all the administrator’s filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of the administrator selected, or in accordance with countervailing law if contrary to the administrator’s rules. We shall pay the administrator’s hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator’s rules or applicable law require otherwise, or you request that we pay them and we agree to do so. Each party shall bear the expense of its own attorney’s fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein. Any award by the arbitrator shall be final and binding, except for any appeal right under the Federal Arbitration Act (the “FAA”), and may be entered as a judgment in any court of competent jurisdiction.
  5. We agree not to invoke our right to arbitrate an individual Claim that you may bring in Small Claims Court or an equivalent court (if any) so long as the Claim is pending only in that court. EXCEPT AS EXPRESSLY PROVIDED IN THIS THIS ARBITRATION PROVISION (INCLUDING PARAGRAPH (f) BELOW), NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless otherwise provided in this Arbitration Provision (including paragraph (f) below) or consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (i) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party, or (ii) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this paragraph (e), and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this paragraph (e) shall be determined exclusively by a court and not by the administrator or any arbitrator.
  6. Applicable to any Claim involving an FCS Party: No person shall bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action; or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until:
    • the class certification is denied; or
    • the class is decertified; or
    • the User is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this User Agreement except to the extent stated herein.
  7. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the FAA. The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information.
  8. This Arbitration Provision shall survive (i) suspension, termination, revocation, closure, or amendments to this User Agreement and the relationship of the parties; and (ii) the bankruptcy or insolvency of any party hereto or other party. If any portion of this Arbitration Provision other than paragraph (e) is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and in force. If arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in paragraph (e) are finally adjudicated pursuant to the last sentence of paragraph (e) to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision.
  9. FCS is a member of FINRA. FINRA offers investors a variety of general and educational information regarding the financial services industry. You can access these resources online at www.finra.org . Additionally, investors can access published information regarding FINRA member Firms and Registered Representatives of those Firms through the FINRA BrokerCheck Hotline. You can access these resources by phone (800) 289-9999 or online at www.brokercheck.finra.org.

User acknowledges that user has read the foregoing arbitration provision carefully and understands that it limits user's rights in the event of a dispute between user and Funding Circle including the right to go to court, to have a dispute heard by a jury and to participate in or as a class of claimants in relation to any claim against or dispute with Funding Circle related to this user agreement. By using the website or the resources, the user agrees to this arbitration provision.

Amendments

Funding Circle reserves the right at any time to amend, replace or otherwise update this User Agreement. We will post any updated User Agreement on the Website. It is your responsibility to visit the Website periodically to review the then-current User Agreement. Any use of the Website or Resources by you on or after the date on which we have posted an updated User Agreement shall constitute your acceptance of the terms of the updated User Agreement and your agreement to be bound thereby.

Contact Information

If you have questions regarding this User Agreement or the Website, please contact us by email at support@fundingcircle-invest.com.