Terms & Conditions

Terms and Conditions of Use Privacy Policy Revision Date: 9.29.16

Your agreement to Terms and Conditions of Use and Privacy Policy

Your use of TrustFunds.us.com (“TrustFunds”) is governed by this Terms and Conditions of Use and our Privacy Policy. Please review these documents before using TrustFunds.us.com. Your use of TrustFunds constitutes your agreement to be bound by all of terms and conditions as more fully described herein. If you do not agree and do not want to be bound by the Terms and Conditions or the Privacy Policy, do not use TrustFunds.

Modification to TrustFunds’ Terms and Conditions

TrustFunds may modify the Terms and Conditions at any time for any reason. TrustFunds will post any modifications to the Terms and Conditions by updating this page and will indicate a new version number and revision date. If you continue to use TrustFunds after a modification has been made, you agree to such modification. If you do not agree and do not want to be bound by the modifications, do not use TrustFunds.

TrustFunds services and charges

TrustFunds services include a secure, online electronic payment process from a consumer’s bank account (“Buyer”) to the designated trust account holder (“DTAH”) responsible for holding earnest money or other electronic payments made in connection to a real estate transaction, including but not limited to, down payment and closing costs pursuant to an executed purchase agreement for real property.

TrustFunds’ services also include access by a real estate broker (“Broker”) to all transaction data for payment transactions deposited with a DTAH that is not the Broker but is made in connection with a Broker’s real estate transaction (“Data-Only Service”).

TrustFunds’ services also include other electronic payment services that include API, Online Bill Pay (“OBP”) and Portal options.

Prior to processing a transaction, the Buyer shall, if applicable, acknowledge and agree to pay the current published convenience fee. The DTAH shall pay fees for TrustFunds’ services pursuant to the TrustFunds Service Agreement. Real estate agents (“Agent”) shall pay convenience fees, if any, for TrustFunds’ services pursuant to an election in Agent’s profile.

All Agent profiles are auto-activated upon execution of an agreement with the multiple listing service (“MLS”). Default settings for an Agent profile include receipt of all status email notifications of transactions and payment of the convenience fee by the Buyer. The Agent may update or modify his or her profile at any time.

Information we collect

TrustFunds may collect “nonpublic personal information” about you from the following sources:

  1. Information TrustFunds receives from you to complete a transaction
  2. Information TrustFunds receives from other third parties
  3. Information TrustFunds receives from an MLS

Information we disclose

TrustFunds does not disclose specific information about you or other personally identifiable data to third parties unless:

  1. You request or authorize it; or
  2. The information is disclosed to complete a transaction; or
  3. It is necessary to disclose information to identify you in a multiple listing service as a TrustFunds’ subscriber; or
  4. The disclosure is otherwise lawfully permitted or required

Transmission and storage of online payment data

TrustFunds exchanges the online payment data you provide with a payment gateway (“Gateway”). TrustFunds has contracted with the Gateway to process online payments with TrustFunds’ ACH Processing Vendor (“ACH Processing Vendor”). TrustFunds will transmit to the Gateway, via Secure Sockets Layer (SSL) connection over the Internet, payment instructions and banking information that you provide to TrustFunds. TrustFunds will store such payment instructions and banking information on its systems once a payment transaction has been completed for reconciliation and recall purposes.

Security of online payment data

TrustFunds uses reasonable measures to protect the security of the data you provide for online payment processing. The reasonable measures include compliance with the NACHA Rules. The ACH Processing Vendor has agreed to keep such data confidential pursuant to its own privacy policy. Please be aware, however, that the security and confidentiality of information sent over or connected to the Internet cannot be guaranteed. TrustFunds shall have no liability for incomplete or erroneous transactions caused by receipt of inaccurate information, lack of sufficient funds, loss or misuse of the user’s authentication information, or for any other circumstances not subject to TrustFunds’ control. TrustFunds and the Gateway reserve the right not to process any transaction which is believed to be erroneous, unauthorized or otherwise invalid or unlawful.

Copyrights and trademarks

The trademarks, names, logos and service marks (collectively “Trademarks”) displayed on this website are registered and unregistered Trademarks of TrustFunds. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of TrustFunds.

Digital Millennium Copyright Act (“DMCA”)

TrustFunds respects the intellectual property rights of others. Per the DMCA, TrustFunds will respond expeditiously to claims of copyright infringement on the website if submitted to TrustFunds Copyright Agent as described here. Upon receipt of a notice alleging copyright infringement, TrustFunds will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials.

Confidentiality

Confidential Information (“Confidential Information”) means any and all business and technical information (including but not limited to (i) TrustFunds’ software, methods, processes, and technology for performing the Services; (ii) fees charged or paid under this Agreement, marketing plans, financial data, specifications, computer programs, or documentation) whether or not marked as confidential or proprietary and provided, disclosed or made available under this Agreement. The parties will restrict access to the Confidential Information to employees or agents who have a “need to know.” The parties, employees or agents, will not disclose the Confidential Information to any third party and will treat the Confidential Information in the same way the party treats its own Confidential Information, but with no less than a reasonable degree of care. The restrictions set forth in this section do not apply to information which is in the public domain, previously known to the receiving party without obligation of confidentiality, independently developed by the receiving party or rightfully obtained by the receiving party from a third party that does not have an obligation to keep the information confidential.

Governing law

Use of this website shall be governed in all respect by the laws of Minnesota.

Disclaimer

TRUSTFUNDS DISCLAIMS ALL WARRANTIES REGARDING THE TRUSTFUNDS’ SERVICE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE TRUSTFUNDS’ SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. IN NO EVENT SHALL TRUSTFUNDS BE LIABLE FOR ANY TYPE OF INCIDENTAL, PUNITIVE, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. TRUSTFUNDS’S LIABILITY WITH RESPECT TO ANY CLAIM SHALL BE LIMITED TO A REFUND OF ANY REVENUE RECEIVED BY TRUSTFUNDS FOR PROCESSING THE SPECIFIC TRANSACTION GIVING RISE TO THE CLAIM.

 

Accessibility Goal

TrustFunds is committed to providing a positive experience to all our customers and we aim to facilitate the accessibility and usability of our website. Our goal is to permit our customers to successfully transact business through our website whether you are using assistive technologies like a screen reader, a magnifier, voice recognition software, or captions for videos.

Accessibility Assistance

If you have difficulty using or accessing any element of this website, please feel free to call us at 888-249-1616 or email us at support@trustfunds.us.com, and we will work with you to provide the information, item, or transaction you seek through a communication method that is accessible for you consistent with applicable law (for example, through telephone support).

Actions

TrustFunds is currently taking a variety of steps and devoting resources to further enhance the accessibility of our website that will meet or exceed applicable standards.

Ongoing Efforts

At TrustFunds, we view accessibility as an ongoing effort and are continually seeking solutions that will bring all areas of our website and technology to the same level of overall web accessibility.

Feedback

Please contact us at support@trustfunds.us.com if you have any feedback or suggestions as to how we could improve the accessibility of this website.

Notice and Procedure for Making Claims of Copyright Infringement in Accordance with DMCA

In accordance with the Digital Millennium Copyright Act, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov, TrustFunds will respond expeditiously to clear notices of alleged copyright infringement that are reported to TrustFunds’ designated copyright agent identified below. As part of our response, we may remove or disable access to material residing on a site that is controlled or operated by TrustFunds that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA. This page describes the information that should be present in these notices.

Notice of Infringing Material

If you are a copyright owner, or are authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, and believe that your work has been copied in a way that constitutes copyright infringement, please report your notice of infringement to TrustFunds by providing the designated copyright agent listed below with the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identify in sufficient detail the copyrighted work that you believe has been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. Identify the material that you claim is infringing the copyrighted work listed in #2 above and that is to be removed or access disabled, and information reasonably sufficient to permit TrustFunds to locate the material;

4. Provide information reasonably sufficient to permit TrustFunds to contact you, including a name, address, telephone number and email address;

5. If possible, provide information sufficient to allow TrustFunds to notify the owner/administrator of the allegedly infringing content;

6. Include the following statements:

a. “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”

b. “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

7. Sign the notice;

8. Send the notice to:

TrustFunds
ATTN: Copyright
724 Bielenberg Dr
Woodbury, MN 55125
Email: support@trustfunds.us.com

9. Please note that a copy of this legal notice will be forwarded to the person who provided the allegedly infringing content.

Counter Notification

The administrator of an affected site or the provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question. To file a counter notification with us, you must provide a written communication by fax or regular mail that sets forth the items specified below:

1. Identify the specific URLs or other unique identifying information of material that TrustFunds has removed or to which TrustFunds has disabled access.

2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

3. Include the following statement:

4. “I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or mis-identification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled and will no longer be shown.”

5. Send the notice to:

TrustFunds
ATTN: Copyright
724 Bielenberg Dr
Woodbury, MN 55125
Email: support@trustfunds.us.com