Consumer Terms of Service

Last Updated: December 31, 2022

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY.

BY CLICKING “I ACCEPT,” OR BY ACCESSING OR USING THE SERVICE (DEFINED IN SECTION 2 BELOW) PROVIDED BY FUNNEL LEASING, INC., ON BEHALF OF A HOUSING PROVIDER (DEFINED BELOW), YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND, BY THE FOLLOWING TERMS, INCLUDING FUNNEL LEASING, INC.’S APPLICABLE PRIVACY STATEMENTS AND POLICIES, INCLUDING WITHOUT LIMITATION THE PRIVACY NOTICE (TOGETHER, THE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE.

As used in this Agreement, “you,” and “your” refers to all individuals and legal entities who access and use the Service, which may include, without limitation, “Applicants” for housing and “Renters” of housing. “Funnel” “we,” “our,” and “us” refers to Funnel Leasing, Inc., and “Housing Provider” refers to landlords, leasing professionals, property managers and/or property owners that have asked Funnel to provide this Service on their behalf.

Agreement Overview. As provided in greater detail in these Terms (and without limiting the express language of the Terms below), you agree and acknowledge that these Terms include the following provisions:
1. Arbitration. To the fullest extent permitted by law, disputes arising hereunder will be resolved by binding arbitration, and BY ACCEPTING THESE TERMS, YOU AND FUNNEL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (These terms are set forth in Section 19.)
2. License. The Service is licensed, not sold to you, and you may use the Service only as set forth in these Terms. (These terms are set forth in Section 8.)
3. Privacy. Funnel will collect, use, share and otherwise process personal information as set out in the applicable privacy statements and policies, including without limitation the Privacy Notice.
4. No Warranty. The Service is provided “AS IS” and “AS AVAILABLE” without warranties of any kind and Funnel’s liability to you is limited. (These terms are set forth in Sections 17 and 18.)
5. Electronic Signatures. If you choose to use the electronic signature execution functionality through a Funnel or Housing Provider website (“Site”), you understand, acknowledge and agree that you have carefully reviewed the disclosure relating to use of your electronic signature to execute documents and will not execute such documents with your electronic signature without providing your consent to use your electronic signature. You agree that you will rely on your own legal counsel to determine the sufficiency of the electronic signature execution of the documents and their enforceability and that Funnel makes no warranty or other representation with respect to the sufficiency of the electronic signature execution of the documents under applicable international, national, federal, state, provincial or local laws or regulations.
6. Third Party Services. You may use Third Party Services, such as resident screening or payments, which are provided subject to additional terms, described further in Section 25 below. These may include sharing your financial account information with a provider for the purpose of completing your requested leasing transaction, described further in Section 25 (e) below.

Scope of this Agreement. The “Service” includes a website that facilitates the leasing process between Housing Providers and Applicants and Renters, as more particularly described in this paragraph. The Service facilitates the application process for available real estate in the United States of America, including, without limitation, rental unit marketing, applicant authentication, tenant screening, lease completion, and payment collection and processing, and other services that may be developed. The Service shall include any required, usual, appropriate or acceptable activities relating to the Service, such as to (i) carry out the Service or the business of which the Service are a part; (ii) carry out any benefits, rights and obligations relating to the Service; (iii) maintain records relating to the Service; or (iv) comply with any legal or self-regulatory obligations relating to the Service; provided that Client shall be solely responsible for compliance with applicable law for the Services, including without limitation, resident screening, payments, renter’s insurance, and leasing documentation.Funnel does not (a) broker, lease, or sublease or offer to broker, lease or sublease, or own apartments directly and is not a party to any transaction between Housing Providers and Applicants or Renters, (b) guarantee or ensure any apartment or any transaction between a Renter and Housing Provider, (c) conduct background screening, or recommend or decide to accept Applicants, (d) execute any lease or sublease documentation on behalf of Renters or Housing Providers, or (e) act as a property manager, broker, payment processor, money transmitter, payment manager, debt collector, or credit reporting agency. Funnel does not guarantee any results from using the Service.FUNNEL IS NOT A PARTY TO ANY RENTAL TRANSACTIONS. IN THE EVENT THAT YOU HAVE A DISPUTE WITH A HOUSING PROVIDER, YOU RELEASE FUNNEL FROM ANY CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.Through the Funnel Site, Funnel provides an automated software solution to Housing Providers who choose to prepare their own lease documents, and to execute those documents with Applicants and Renters electronically. At no time does Funnel review leases for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about users’ legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of a particular situation. Funnel is not a law firm and may not perform services performed by an attorney. Therefore, if you need legal advice for your specific problem, or simply have legal questions about the leasing process, you should consult a licensed attorney in your area.The use of any part of the Service is not intended to create any attorney-client relationship, and your use of Funnel does not and will not create an attorney-client relationship between you and Funnel. Instead, you are and will be representing yourself in any legal matter you undertake through Funnel or the Service.
Prospective Applicant Information. By submitting any content through the Service, including, but not limited to, through any lead form, Applicant agrees that Funnel, Housing Provider or its agent, or similar individual or entity may contact you via email, text message, phone, automated voice mail, or autodialer for any purpose relating to your submission. The Funnel Site may permit you to voluntarily submit content relating to you, including your total monthly income and prior address, or evidence of public subsidy (“Prospective Applicant Information”). By providing Prospective Applicant Information, you acknowledge that such information is accurate and, further, that Funnel may share such Information with Housing Provider properties offering units for rent through the Funnel Site or a third-party background screening provider, subject to these Terms.Applicants are strongly encouraged to personally inspect any apartment advertised for rent prior to: signing any lease documentation; providing personal information such as a social security number on a lease application; or wiring or otherwise sending money for any deposit, rent payment or application fee. By using the Funnel Site, you acknowledge that published rents and availability are subject to change at the sole discretion of the Housing Provider at any time and without further notice.
Eligibility. You must be a U.S. resident or applying for a U.S. residence and at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (i) you are at least 18 years old; (ii) you have not previously been suspended or removed from the Service; and (iii) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
Accounts and Registration. To access the features of the Service, you must register for an account. When you register for an account, you will be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree to: (a) provide true, accurate, current, and complete information as prompted by the registration form; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times. Funnel reserves the right to delete your account and refuse any and all current or future use of the Funnel Site or Service (or any portion thereof) without notice if you are found to have misrepresented your age, identity, or any other information submitted in connection with your account or if we have reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current.Password Safety Obligations. You will also be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account, whether authorized by you or not. You agree to: (i) immediately notify us of any unauthorized use of your password or account, or any other breach of security, (ii) immediately change your password if you become aware that Your account has been compromised, (iii) ensure that you fully exit from your account at the end of each session. You agree and acknowledge that you will not allow others to utilize your account and that you will not disclose your password to anyone. If you lose control of your password, you may lose substantial control of your personal information and could potentially be subject to legally binding actions taken on your behalf. You further agree not to use anyone else’s password on the Funnel Site or attempt to gain access to the account of any other user. FUNNEL CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION. If you believe that your account is no longer secure, then you must immediately notify us at consumer@funnelleasing.com.
Location Based Services. Some of the features of the Service may enable Funnel to access your location in order to tailor your experience with the Service based on your location (“Location-based Services”). If you choose to disable any Location-based Services on your device, you will not be able to utilize certain features of the Service. By enabling Location-based Services, you agree and acknowledge that: (i) device data we collect from you is directly relevant to your use of the Service; (ii) Funnel may provide Location-based Services related to and based on your then-current location; and (iii) Funnel may use any such information collected in connection with provision of the Service.
Fees. You agree that you are responsible for fees charged by the Housing Provider using the Service, including but not limited to application and screening fees, security and holding deposits, and fees required by the Housing Provider application or lease.
Licenses.
1. Limited License Grant to You. Subject to your complete and ongoing compliance with all the Terms, Funnel grants you permission to access and use the Service for your personal use.
2. Limited License Grant to Funnel. Certain features of the Service may require you to transmit documentation via the Funnel Site, including but not limited to financial and credit information, personal identification and contact information, social security number, vehicle information, proof of income, references, and other documents (“Applicant Documents”). By providing Applicant Documents to or via our Service, you grant Funnel a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, reproduce, modify for the purpose of formatting for display, and distribute your Applicant Documents, in whole or in part, as applicable to third parties that process Applicant Documents as required by the Service. You hereby authorize Funnel to export or otherwise share Applicant Documents to these third parties as required by the Service.
3. License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (i) reproduce, distribute, publicly display, or publicly perform the Service; (ii) make modifications to the Service; or (iii) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.
4. Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Funnel an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
Ownership; Proprietary Rights. The Funnel Site and Service are owned and operated by Funnel. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Funnel are protected by intellectual property and other laws. All Materials included in the Service are the property of Funnel or our third-party licensors. Except as expressly authorized by Funnel, you may not make use of the Materials. Funnel reserves all rights to the Materials not granted expressly in these Terms.
Open Source Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute such components (“Open Source Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining such Open Source Components under the applicable third-party licenses or to limit your use of such Open Source Components thereunder.
Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
1. use the Funnel Site or Service for any illegal purpose or in violation of any local, state, national, or international law, including, but not limited to, any fair housing laws or regulations or applicable real estate licensure or brokerage regulations, or to cause injury to any person,
2. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
3. interfere with security-related features of the Funnel Site or Services, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
4. interfere with the operation of the Funnel Site or Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
5. provide content and contact information that is not complete, truthful, and accurate;
6. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
7. sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Materials; or
8. attempt to do any of the acts described in this Section or assist or permit any person in engaging in any of the acts described in this Section.
Compliance with Fair Housing Laws. All content is subject to applicable fair housing laws, which make it illegal to indicate in any advertisement any preference, limitation, or discrimination because of race, color, religion, sex, physical or mental disability, and/or familial status. Your state jurisdiction may also prohibit any preferences based on sexual orientation, marital status, ancestry, source of income, or other criteria (together, applicable federal and state fair housing laws are referred to as “Applicable Fair Housing Laws”). If you have any question about the fair housing laws and housing discrimination in general, please call your local fair housing agency or the U.S. Department of Housing and Urban Development. Your provision, receipt, and/or use of any content offered or obtained through the Funnel Site shall be at all times in compliance with Applicable Fair Housing Laws.
Web Site Accessibility. Funnel uses reasonable efforts to follow the Web Content Accessibility Guidelines 2.1 – Level A (as published on June 5, 2018 – available here) (“WCAG 2.1, Level A”) in the developing of and for the launch of a Funnel Site, as well as updates to it that Funnel makes. Funnel does not, however, represent or warrant that a Housing Provider Site will conform to WCAG 2.1, Level A. You and Funnel agree that Funnel shall not be liable to you for any claim, loss, damage, attorneys’ fees, or costs relating to the conformance to WCAG 2.1, Level A, or alleged accessibility issues with a Housing Provider Site under any circumstances or legal theory, including, but not limited to, breach of contract, equitable or contractual indemnity, contribution, violation of the Americans with Disabilities Act, or similar state laws or joint and several liability.
Modification of these Terms. Funnel reserves the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you may be required to accept the modified Terms in order to continue to use the Service. Otherwise, your continued use of the Service constitutes your acceptance of such changes. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Unless expressly permitted otherwise, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
Term, Termination and Modification of the Service.
1. Term. These Terms are effective beginning when you accept the Terms or use the Service, and ending when terminated as set forth herein.
2. Termination. For Applicants. If you violate any provision of these Terms, your account and these Terms automatically terminate. In addition, Funnel may, at its sole discretion, terminate these Terms, your account on the Service or suspend or terminate your access to the Service at any time for any reason or no reason, with or without notice. You may terminate your account and your agreement to these Terms at any time by contacting customer service at consumer@funnelleasing.com and providing notice of your intent to cancel your account. For Housing Providers. Please refer to your Customer Agreement with Funnel for the conditions under which termination may occur.
3. Effect of Termination. Upon any termination of these Terms: (i) your license rights will terminate and you must immediately cease all use of the Service; (ii) you will no longer have access to your account; and (iii) Sections 8d, 9, 15, 16, 17, 18, 19, 20 and 21, as well as any third party terms, as applicable, will survive.
4. Modification of the Service. Funnel reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service.
Indemnity. You are responsible for your use of the Service, and, to the fullest extent permitted by law, you will defend and indemnify Funnel and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Funnel Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs (“Claims”) brought by a third party arising out of or connected with: (a) your use of, or misuse of, the Service not in compliance with these Terms; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. Funnel reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those Claims.
Disclaimers; No Warranties. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND ALL MATERIALS AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, FUNNEL DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. TO THE FULLEST EXTENT PERMITTED BY LAW, FUNNEL DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF OR THE SERVICE, OR ANY MATERIALS OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR FUNNEL ENTITIES OR ANY MATERIALS AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE FUNNEL ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND ACCESS OR OTHERWISE OBTAIN MATERIALS THROUGH THE SERVICE AND ANY THIRD-PARTY SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THE MATERIALS.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE FUNNEL ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY FUNNEL ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE FUNNEL ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE LESSER OF: ACTUAL DAMAGES, OR $25.EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 18 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Dispute Resolution and Arbitration.
1. Generally. In the interest of resolving disputes between you and Funnel in the most expedient and cost-effective manner, you and Funnel agree that every dispute arising in connection with these Terms will be resolved by binding arbitration, to the fullest extent permitted by law. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND FUNNEL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, AND THAT THIS AGREEMENT WILL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
2. Exceptions. Despite the provisions of Section 19.a, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; (d) to file suit in a court of law to address an intellectual property infringement claim; or (e) file suit as a matter as a military service member to the extent specifically authorized by law.
3. Arbitrator. Any arbitration between you and Funnel will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Funnel at legal@funnelleasing.com. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
4. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by nationally recognized courier service or electronic mail (“Notice”). Funnel’s address for Notice is: Funnel Leasing, Inc., 1115 Gunn Hwy Suite 201, Odessa, FL 33556 or legal@funnelleasing.com. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Funnel may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Funnel must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Funnel will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Funnel in settlement of the dispute prior to the arbitrator’s award; or (iii) $2,500.
5. Hearing Process, Fees. Any arbitration hearing will take place at a location to be agreed upon in Tampa, Florida but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Funnel for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Each party agrees that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
6. No Class Actions. EXCEPT AS PROHIBITED BY LAW, YOU AND FUNNEL 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 OR REPRESENTATIVE PROCEEDING. Further, unless both you and Funnel agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
7. Modifications to this Arbitration Provision. If Funnel makes any future change to this arbitration provision, other than a change to Funnel’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Funnel’s address for Notice, in which case your account with Funnel will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
8. Enforceability. If Section 19(f) is found to be unenforceable or if the entirety of this Section 19 is found to be unenforceable, then the entirety of this Section 19 will be null and void.
9. Time Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms or use of the Site must be filed within 1 year after such claim or cause of action arose or be forever barred.
General Terms. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Funnel regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. Funnel may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
Governing Law. These Terms are governed by the laws of the State of Florida without regard to conflict of law principles. You and Funnel submit to the personal and exclusive jurisdiction of the state courts and federal courts located within the Middle District of Florida for resolution of any lawsuit or court proceeding permitted under these Terms.
SMS Communications. If you are an Applicant and provide your phone number, Funnel, at Client’s direction, may send you notifications by SMS to administer your account, such as to alert you of a problem with your lease application. You may opt out of SMS communications at any time by replying “STOP” to the originating number. After you send the SMS message “STOP” to us, we may send you an SMS to confirm that you have been unsubscribed. If you want to join again, just sign up as you did the first time and Funnel will start sending SMS messages again.
Contact Information. The Service is offered by Funnel Leasing, Inc., located at 1115 Gunn Hwy Suite 201, Odessa, FL 33556. You may contact us by sending correspondence to that address, by phone at (833) 979-3074, or by emailing us at legal@funnelleasing.com.
Notice to California Residents. If you are a California resident, 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 Service.
Third-Party Services Terms.
1. Third-Party Services Disputes. FUNNEL IS NOT AFFILIATED WITH ANY CARRIER, FINANCIAL INSTITUTION, CREDIT UNION, BANK, CONSUMER REPORTING AGENCY OR THIRD PARTY SERVICE PROVIDED THROUGH THE SITE, AND ANY DISPUTE YOU MAY HAVE WITH ANY CARRIER, FINANCIAL INSTITUTION, CREDIT UNION, BANK, CONSUMER REPORTING AGENCY OR THIRD- PARTY SERVICE OR OTHER THIRD PARTY APPEARING THROUGH THE SITE ARISING FROM OR RELATING TO THE SERVICE IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, provided that Funnel may refer disputes to Consumer Reporting Agencies consistent with its obligations under the Fair Credit Reporting Act. YOU IRREVOCABLY RELEASE FUNNEL (AND FUNNEL’S OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH THIRD-PARTY DISPUTES.
2. Carrier Service. Your access to use the Service may be subject to separate third-party terms of service and fees, including your internet network operator’s terms of service and fees, which are your sole responsibility. By providing your contact information, you agree to be contacted by Funnel or third parties for purposes relating to completing the application, lease, and services related to your application and tenancy.
3. Third-Party Services and Linked Websites. Funnel may provide tools through the Service that enable you to export information, including Applicant Documents, to third-party services, such as integration APIs, consumer reporting agencies, and financial service providers.Third party services are not under Funnel’s control, and Funnel is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third-party websites. These linked websites are not under Funnel’s control, and Funnel is not responsible for their content. You access this content at your own risk. By using any of these tools, you agree that Funnel may transfer that information to the applicable third-party service. By searching for rental units or applying to rent, you agree to additional terms listed below from these third-party services.
4. Background Screening. You authorize third-party services to prepare a consumer report about you in conjunction with your application to rent, and you agree to share the report with the Housing Provider for the purpose of its determination about your application. You understand the Housing Provider, and not Funnel or the consumer reporting agency, is responsible for the decision about your application. You understand you may have certain rights under the federal Fair Credit Reporting Act and other applicable law, including the right to dispute consumer report inaccuracies and to request disclosure of information maintained about you. You understand you can obtain more information about your consumer report and applicable rights from the Consumer Financial Protection Bureau here.
5. Background Screening – Finicity Terms. Where Finicity Services are used in a transaction through a Funnel Site, such as for the verification of identity or for Client credit evaluation through the sharing with Finicity by Applicant of Applicant account information, the following subsections shall apply:
  1. LICENSEE ACCESS INFORMATION AND ACCOUNT DATA. You are solely responsible for (a) maintaining the confidentiality and security of your access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information, used by you, or anyone you authorize on your behalf, to access the Finicity Services and Funnel accounts (collectively, “Licensee Access Information”), and (b) preventing unauthorized access to or use of the information, files or data that you store or use in or with the Finicity Services (collectively, “Account Data”). You will be responsible for all electronic communications, including account registration and other account holder information, email and financial, accounting and other data (“Communications”) entered using the Licensee Access Information. It is assumed that any Communications received through use of the Licensee Access Information were sent or authorized by you. You agree to immediately notify Finicity if you become aware of any loss, theft or unauthorized use of any Licensee Access Information. Finicity reserves the right to deny you access to the Finicity Services (or any part thereof) if Finicity reasonably believes that any loss, theft or unauthorized use of Licensee Access Information has occurred. You must inform Finicity of, and hereby grant to Finicity and Finicity’s third party vendors, including Funnel and the Housing Provider to whose property you are applying, permission to use, Licensee Access Information to the extent Finicity deems necessary to enable Finicity to provide the Finicity Services to you, including updating and maintaining Account Data, addressing errors or service interruptions, and to enhance the types of data and services Finicity may provide to you in the future.Notwithstanding any provision of Finicity’s Privacy Policy to the contrary, compiled, anonymized data concerning your financial transactions, or other available data that is collected through your use of the Finicity Services, may be used by Finicity’s third party vendors to conduct certain analytical research, performance tracking and benchmarking. Finicity’s third party vendors may publish summary or aggregate results relating to metrics comprised of research data, from time to time, and distribute, sell or license such compiled, anonymized data for any purpose, including but not limited to, helping to improve products and services and assisting in troubleshooting and technical support or any other purpose permitted by applicable law. To the extent such information is shared or disclosed, it will not contain any of your personally identifiable information.
  2. PROVIDER SERVICES. In connection with your use of the Finicity Services and as part of the functionality of the Finicity Services, you may have access to certain online services or information that may be made available by Funnel (“Funnel Services”), including online banking, online payment, online investment account download, online bill pay, online trading, and other account information available from Funnel. The Finicity Services are designed to allow you to access Funnel Services (if and to the extent provided by Funnel) to set up banking and other information, schedule the Finicity Services to access your account(s), download transactions into the Finicity Services and otherwise aggregate information from your account(s) with Funnel. You acknowledge and agree that Finicity has no control over the provision of Funnel Services or provision of access to the Funnel Services by Funnel, does not guarantee that you will be able to use the Finicity Services with the Funnel Services, and will have no liability whatsoever for any actions or inactions on the part of the provider(s) resulting in your inability to use the Finicity Services to access your accounts, obtain data, download transactions, or otherwise use or access the Funnel Services.
  3. COLLECTION OF FUNNEL ACCOUNT INFORMATION.. You acknowledge that in accessing your data and information through the Finicity Services, Funnel account access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information, and the actual data in your account(s) with such provider(s) such as bank and other account balances, credit card charges, debits and deposits (collectively, “Funnel Account Data”), may be collected and stored in the Finicity Services. You authorize Finicity and Finicity’s third party vendors, in conjunction with the operation and hosting of the Finicity Services, to use certain Funnel Account Data to (a) collect your Funnel Account Data, (b) reformat and manipulate such Funnel Account Data, (c) create and provide hypertext links to Funnel, (d) access the providers’ websites using your Funnel Account Data, (e) update and maintain your account information, (f) address errors or service interruptions, (g) enhance the type of data and services Finicity can provide to you in the future, and (h) take such other actions as are reasonably necessary to perform the actions described in (a) through (g) above. You hereby represent that you are the legal owner of your Funnel Account Data and that you have the authority to appoint, and hereby expressly do appoint, Finicity or Finicity’s third party vendors as your agent with a limited power of attorney, and appoint Finicity or Finicity’s third party vendors as your attorney-in-fact and agent, to access third party sites and/or retrieve and use your Funnel Account Data through whatever lawful means with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person, including, without limitation, accepting any new and/or updated terms and conditions from Funnel on your behalf, in providing Finicity Services to you. You also expressly authorize Funnel to share and disclose your Funnel Account Data to Finicity on your behalf to facilitate your use of your Funnel Account Data for products and services agreed to by you. You further acknowledge that Finicity does not, nor does Finicity’s third party vendor review your Funnel Account Data and agree that Finicity is not responsible for its completeness or accuracy. Any transactions or informational activities performed at any provider’s website are not made through the Finicity Services and Finicity assumes no responsibility for such transactions or activities. You are solely responsible for any charges associated with Funnel. The permissions, uses and access rights granted to Finicity’s third party vendors hereunder shall continue until such parties are notified by Finicity or you that the Finicity Services have been terminated.
  4. INFORMATION FROM FUNNEL’S WEBSITES. You acknowledge and agree that (a) some providers may not allow the Finicity Services to access the Funnel Services, (b) providers may make changes to their websites, with or without notice to us, that may prevent or delay aggregation of information from such websites, and (c) the Finicity Services may “refresh” the Funnel Account Data by collecting the Funnel Account Data nightly, so your most recent transactions may not be reflected in any account balances or other account information presented to you in the Finicity Services. If you see a discrepancy in the Funnel Account Data, and in any case before making any transactions or decisions based on such account information presented in the Finicity Services, you should check the last refresh date for the account and confirm Funnel Account Data is correct by following the link back to the applicable provider or otherwise confirm that Funnel Account Data is up to date and accurate.
  5. SOFTWARE USE, STORAGE AND ACCESS. Finicity shall have the right, in Finicity’s sole discretion and with reasonable notice, to establish or change limits concerning use of the Finicity Services, temporarily or permanently, including but not limited to (a) the amount of storage space you have on the Finicity Services at any time, and (b) the number of times (and the maximum duration for which) you may access the Finicity Services in a given period of time. Finicity reserves the right to make any such changes effective immediately to maintain the security of the system or Licensee Access Information or to comply with any laws or regulations, and to provide you with electronic or written notice within thirty (30) days after such change. You may reject changes by discontinuing use of the Finicity Services to which such changes relate. Your continued use of the Finicity Services will constitute your acceptance of and agreement with such changes. Maintenance upon the Finicity Services may be performed from time-to-time resulting in interrupted service, delays or errors in the Finicity Services. Attempts to provide prior notice of scheduled maintenance will be made, but Funnel cannot guarantee that such notice will be provided.
  6. EXPORT RESTRICTIONS. You acknowledge that the Finicity Services and any software underlying such Finicity Services are subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export the software or Finicity Services, directly or indirectly, to: (a) any countries that are subject to U.S. export restrictions; (b) any end user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government; or (c) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that this product may include technical data subject to export and re-export restrictions imposed by U.S. law.
  7. DISCLAIMER. YOU ACKNOWLEDGE AND AGREE THAT THE FINICITY SERVICES AND ANY THIRD PARTY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE THIRD PARTY VENDOR AND ITS LICENSORS MAKE NO WARRANTY, EXPRESS, IMPLIED, OR STATUTORY, AND DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE FINICITY SERVICES OR ANY THIRD PARTY SERVICES; IN WHOLE OR IN PART, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, OR NON-INFRINGEMENT. YOU UNDERSTAND AND EXPRESSLY AGREE THAT ANY USE OF THE FINICITY SERVICES OR THIRD PARTY SERVICES WILL BE AT YOUR SOLE RISK. FUNNEL AND ITS (a) LICENSORS AND (b) THIRD PARTY VENDORS DO NOT WARRANT THE COMPREHENSIVENESS, COMPLETENESS, CORRECTNESS, LEGALITY, OR ACCURACY OF THE FINICITY SERVICES OR THIRD PARTY SERVICES, IN WHOLE OR IN PART, OR THAT THE FINICITY SERVICES WILL BE SECURE, UNINTERRUPTED OR ERROR FREE. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE FINICITY SERVICES OR THIRD PARTY SERVICES.
  8. COMPLIANCE WITH FAIR CREDIT REPORTING ACT. You acknowledge that applications that use consumer data to generate scores or other reports or that otherwise will be utilized by application users in connection with making a decision as to whether to enter into the following type of transactions or on what terms the transaction will be offered (“Financial Apps”) may be subject to the provisions of the Federal Fair Credit Reporting Act (“FCRA”) and equivalent state laws: Rent an apartment to a prospective tenant.
  9. You acknowledge and agree that, in connection with Finicity’s products and services as a third party vendor of ours, data will be transmitted or made available in a mechanical manner by Finicity, and that to the extent Finicity is involved, Finicity will not alter the substance of the data unless authorized by you. You hereby authorize Finicity to access the Funnel Service to obtain Funnel Account Data and other Funnel Services on your behalf and at your authorization. Finicity is providing the service of data delivery only as requested by you, the ultimate end-user, as requested and authorized by you, the owner of such information. You acknowledge that Finicity is not a reseller of data (other than in the manner described in paragraph i above with respect to anonymized data) but simply provides the service of transferring data as requested and you from one party to the party directed and authorized by you to receive the data.
  10. THIRD PARTY BENEFICIARY; INDEMNIFICATION. You agree that Finicity is a third-party beneficiary of the above provisions, with all rights to enforce such provisions as if Finicity were a party to this Agreement. You agree to protect Finicity and its affiliates from any and all third party claims, liability, damages, expenses and costs caused by or arising from your use of the Finicity Services, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
  11. LIMITATION OF LIABILITY. YOU AGREE THAT NEITHER FINICITY NOR ANY OF ITS AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF FINICITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE FINICITY SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE FINICITY SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (vii) ANY OTHER MATTER RELATING TO THE SERVICE.
6. Background Screening – TransUnion Terms. Where TransUnion services are used through a Funnel Site, such as for the Applicant evaluation or identity verification of by a Housing Provider using a TransUnion consumer report, the following terms in this section shall apply: Applicants. By submitting an application through the TransUnion platform Applicant (a) authorizes and directs Funnel’s third party supplier, TransUnion, to obtain such consumer reports about such Applicant, including information concerning such Applicant’s credit, criminal and eviction history (“Consumer Report”), if available, and (b) agrees to permit TransUnion to share such Applicant’s Consumer Report through the platform with Housing Provider for the Housing Provider properties Applicant selects. Applicant understands that TransUnion will obtain this information and may take steps to verify the information they obtain about Applicant. You may request a copy of your TransUnion report or dispute reported information by contacting TransUnion here.
7. Third-Party Payment Processing. A third-party payment provider is used to process credit or debit card payments through the Site (including payments for Housing Providers, Applicants, Renters and third parties). If you wish to make a payment through the Site, you agree to additional terms described below. Your use of the Site is also governed by the third-party payment provider terms (available here) and your personal information will be subject to the provider’s privacy policy (available here).
  1. Customer Inquiries. Any customer service questions about your account should be directed to the property you are seeking to pay.
  2. Authorization, Eligibility, and Account Verification. When you pay an application fee or lease obligation using your payment account, you authorize the Housing Provider you apply to and Funnel, its agent, (hereinafter “payment facilitators,” “we,” or “us”) to debit your payment account up to the total amount of your transaction, including any applicable taxes and fees. You also authorize the payment facilitators to further debit or credit your account to correct any erroneous debit, make necessary adjustments to your payment, or to issue a refund back to your account. Your payment account must be able to accept debits and credits denominated in U.S. dollars. You authorize payment facilitators to make any inquiries or obtain any information, including a credit report or other credit checks, that the payment facilitators determine are necessary to verify your payment account. The payment facilitators may suspend, refuse, or remove your ability to make a payment through the portal using your payment account without notice for any reason at any time.By presenting your payment information, you represent and warrant that you have presented accurate identifying information and have the authority and legal capacity to conduct the transaction through the payment method. You are solely responsible for all losses you and the payment facilitators incur due to erroneous and fraudulent transactions that occur in connection with use of your account on this portal, including any unauthorized use of, or access to, your account, including any transactions on your account that involve your lost or stolen payment credentials.You authorize Funnel to store your payment information, including personal information, to complete transactions relating to your application and lease, including, if you are enrolling in Auto-Pay, so that Funnel may process your recurring payments. You are responsible for keeping your payment information up to date. If your payment information changes, you agree to promptly update your information. Funnel will continue to store your payment information until you delete your information or you cancel recurring payments.
  3. Using Recurring “Auto-Pay”. In addition to one-time payments, for your convenience you may establish a recurring payment (“Auto-Pay”) obligation, and may modify such obligation through the “Manage Auto-Pay” feature. Through “Auto-Pay,” you authorize a debit from the account specified above for any amount owed for charges arising from your application, lease and any tenancy-related agreements until this authorization is revoked. You may amend the payment amount or cancel this authorization at any time by updating your payment information on this Site; such adjustments may take up to 24 hours to take effect. If you use services or purchase additional products periodically, you authorize us to debit your payment account periodically. Payments that fall outside of the recurring debits authorized above will only be debited after your authorization is obtained.
    1. Reminder Notices. Housing Providers may also send email reminder notices to you through the platform related to lease obligations, rental amounts, and renewals.
  4. Billing Disputes and Returned Payments: You are responsible for reviewing your transaction history for accuracy and completeness. If you believe you have found an error when you reconcile your transaction history, Funnel will reasonably cooperate with you to investigate and help correct that error as long as you notify the property you are applying to of the error within 45 days after the error appears in your transaction history. If Funnel finds an error in your transaction history, we may correct the error by crediting or debiting your account. Any transaction inquiries or disputes should first be directed to the property you are applying to. If your payment method provider, including bank or credit card issuer, returns any payment using your payment account as unpaid (for example, if you have insufficient funds available), the payment facilitators may retry the payment. Your payment method provider may charge you an overdraft or other fees for each payment failure. Additionally, you authorize Funnel to charge any other valid payment method Funnel has on file for any amount that remains unpaid after any attempted charge. Funnel may initiate a collection process or legal action to collect any money owed to us. You agree to pay all our costs for such action, including any reasonable attorneys’ fees.
  5. Chargebacks. Funnel does not hold any money you transfer through the Site and is not responsible for unsuccessful transmission, sourcing, or use of any funds. If your bank or card issuer initiates a reversal, chargeback, or payment dispute of a payment made through the Site, you authorize Funnel and our third-party payment processors to reverse or otherwise claim the funds from your account. Funnel may also initiate a reversal, or take other actions we determine to be appropriate, if, in Funnel’s reasonable opinion, fraud or abuse through the Site has occurred.
  6. Client Application and Lease Obligations: Where partial payment is made of a lease obligation, the Housing Provider may in its discretion, in accord with its lease agreement or applicable law, refuse to accept partial payment. Also, under the term of your lease, you may be jointly liable for any deficiencies. Please review your application and lease and consult with your Housing Provider if you have any questions about your payment obligations. The total payment amounts required for application and lease transactions are determined by you and the Housing Provider, and not by Funnel. Application fees are generally non-refundable, even if an application is denied, except to the extent otherwise required by applicable law.You acknowledge that you will address any discrepancies, issues or concerns with such payments by contacting the Housing Provider directly, rather than Funnel.
  7. Colorado Disclosure: To cover the cost of processing a credit or charge card transaction, and pursuant to section 5-2-212, Colorado Revised Statutes, a Colorado seller or lessor may impose a processing surcharge in an amount not to exceed the merchant discount fee that the seller or lessor incurs in processing the sales or lease transaction. A seller or lessor shall not impose a processing surcharge on payments made by use of cash, a check, or a debit card or redemption of a gift card.