We may change these terms from time to time. If we do, we’ll let you know about any material changes, either by notifying you on the Site or by sending you an email. New versions of the terms will never apply retroactively — we’ll tell you the exact date they go into effect. If you keep using WholeFunding after a change, that means you accept the new terms.
WholeFunding is for your personal, non-commercial use, except as explained in section 4 and section 5 below.
You can browse WholeFunding without registering for an account. But to use some of WholeFunding’s functions, you’ll need to register, choose an account name, and set a password. When you do that, the information you give us must be accurate and complete. Don’t impersonate anyone else or choose names that are offensive or that violate anyone’s rights. If you don’t follow these rules, we may cancel your account.
You’re responsible for all the activity on your account, and for keeping your password confidential. If you find out that someone’s used your account without your permission, you should report it to Support@wholefunding.com.
To sign up for an account, you need to be at least 18 years old, or old enough to form a binding contract where you live. If necessary, we may ask you for proof of age.
We expect everyone to behave responsibly and help keep this a wonderful place to share ideas, thoughts and projects. Don’t do any of these things on the Site:
WholeFunding provides a funding platform for holistic, wellness, athletic and health related projects. When a creator posts a project on the Site, they’re inviting other people to form a contract with them. Anyone who backs a project is accepting the creator’s offer, and forming that contract.
You can set up your project for “Personal” use or “Business”. If it is personal that means the goal amount DOES NOT need to be reached for the project creator to receive the pledged amount. If it is a Business project then the goal amount needs to be reached before funds are transferred to the creator of the business project. WholeFunding only provides the platform which allows the project creators to showcase their goals and aspirations.
WholeFunding is not a part of this contract — the contract is a direct legal agreement between creators and their backers. Here are the terms that govern that agreement:
When a project is successfully funded, the creator must complete the project and fulfill each reward. Once a creator has done so, they’ve satisfied their obligation to their backers.
Throughout the process, creators owe their backers a high standard of effort, honest communication, and a dedication to bringing the project to life. At the same time, backers must understand that when they back a project, they’re helping to create something new — not ordering something that already exists. There may be changes or delays, and there’s a chance something could happen that prevents the creator from being able to finish the project as promised.
If a creator is unable to complete their project and fulfill rewards, they’ve failed to live up to the basic obligations of this agreement. To right this, they must make every reasonable effort to find another way of bringing the project to the best possible conclusion for backers. A creator in this position has only remedied the situation and met their obligations to backers if:
The creator is solely responsible for fulfilling the promises made in their project. If they’re unable to satisfy the terms of this agreement, they may be subject to legal action by backers.
These are the terms that apply when you’re backing a project: The Project can either be “Personal or Business.”
These are the terms that apply when you’re creating a project:
WholeFunding isn’t liable for any damages or losses related to your use of the Services. We don’t become involved in disputes between users, or between users and any third party relating to the use of the Services. We don’t oversee the performance or punctuality of projects, and we don’t endorse any content users submit to the Site. When you use the Services, you release WholeFunding from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to such disputes and the Services. All content you access through the Services is at your own risk. You’re solely responsible for any resulting damage or loss to any party.
Creating an account on WholeFunding is free. If you create a project that is successfully funded, we (and our payment partners) collect fees. Our partners’ fees may vary slightly based on your location.
We will not collect any fees without giving you a chance to review and accept them. If our fees ever change, we’ll announce that on our Site. Some funds pledged by backers are collected by payment providers. Each payment provider is its own company, and WholeFunding isn’t responsible for its performance.
You’re responsible for paying any additional fees or taxes associated with your use of WholeFunding.
WholeFunding may contain links to other websites. (For instance, project pages, user profiles, and comments may link to other sites.) When you access third-party websites, you do so at your own risk. We don’t control or endorse those sites.
WholeFunding partners with other companies (such as Amazon Payments and Stripe) for payment processing. When you back or create a project, you’re also agreeing to the payment processor’s terms of service.
WholeFunding doesn’t own content you submit to us (your “Content”). But we do need certain licenses from you in order to perform our Services. When you submit a project for review, or launch a project, you agree to these terms:
WholeFunding’s Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service.
WholeFunding grants you a license to reproduce content from the Services for personal use only. This license covers both WholeFunding’s own protected content and user-generated content on the Site. (This license is worldwide, non-exclusive, non-sublicensable, and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from WholeFunding or the relevant copyright holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.
The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement. WholeFunding complies with the DMCA, and we respond to notices of alleged infringement if they comply with the law and the requirements set forth in our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing, and to terminate accounts for repeat infringers. (We do this when appropriate and at our sole discretion.)
If you’d like to submit a claim of copyright infringement, please visit our Copyright Policy. Our designated agent for notice of alleged copyright infringement is:WholeFunding Inc.
You can terminate your account at any time. All provisions of this agreement survive termination of an account, including our rights regarding any content you’ve already submitted to the Site. (For instance, if you’ve launched a project, deleting your account will not remove the project from the Site.)
WholeFunding reserves these rights:
WholeFunding is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.
You use our Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied.
WHOLEFUNDING SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM WHOLEFUNDING SHALL CREATE ANY WARRANTY.
If you do something that gets us sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of WholeFunding. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses.
To the fullest extent permitted by law, in no event will WholeFunding, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Site. In no event shall WholeFunding’s liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00).
We at WholeFunding encourage you to contact us if you’re having an issue, before resorting to the courts. In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of the State of Vermont and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that WholeFunding and its Services are deemed a passive website that does not give rise to jurisdiction over WholeFunding or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the State of Vermont. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of WholeFunding, shall be filed only in the state or federal courts located in Rutland County in the State of Vermont, and you hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.
These Terms and the other material referenced in them are the entire agreement between you and WholeFunding with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and WholeFunding with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or WholeFunding to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.
These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get WholeFunding’s prior written consent. WholeFunding has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. WholeFunding will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.