AM Funding LLC DBA Business Funding

1. Ownership of Site; Agreement to Terms of Use

The Business Funding service and website (each as defined below) are operated by AM Funding, LLC, and subsidiaries, and affiliates doing business under the name Business Funding (collectively, “Business Funding,” “we,” “our,” or “us”). Business Funding is in the business of providing customers with small business loans, lines of credit, future receivable financing, servicing credit, and related services (the “Service” or "Services"). Business Funding is not an investment advisor or financial planner, and we do not provide financial, securities, legal or tax advice. Before making any decision or implementing any strategy you should consider obtaining additional information and advice from your accountant, attorney, and/or other advisors. "you" is defined as the individual using the Website (defined below) and the company engaging with the Services. Unless otherwise noted, any agreements, authorizations or consents made by you or permissions granted to you hereunder also apply and are binding on your company seeking our Services.

By using the information, tools, features and functionality located at BusinessFunding.com or subdomains (the “Website”) or by submitting an application for credit to Business Funding, you signify that you have read, understand, acknowledge and agree to be bound by these Terms of Use (the “Agreement”). You further agree all information being provided by your company as the borrower and/or by you (either as a guarantor or as an authorized representative of your company) as part of the application process or use of Business Funding’s Services is accurate and complete.

You may not use the Services if you are under 18 years of age. BY USING THE WEBSITE OR APPLYING FOR OR USING ANY OF THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE OR THAT YOU ARE AT LEAST THE MINIMUM AGE THAT IS REQUIRED IN YOUR STATE AND ARE A LEGAL RESIDENT OF THE UNITED STATES. You further represent that you have the capacity to bind the company or entity applying for credit, on behalf of such company or entity. You understand that (a) a personal guarantee for the credit obtained by your company will be required for you to sign, and (b) for term loans, a general lien on your business’s assets will be taken. Before you use the Services or submit an application to Business Funding, you should print or save a copy of this Agreement for your records.

In addition to this Agreement, you and your company may enter into other agreements, including but not limited to a loan agreement or promissory note that will govern the terms of your company’s loan or line of credit and use of the Service (“Additional Agreement(s)”). Any Additional Agreements are intended to be in addition to this Agreement, which shall remain in full force and effect. If there is a conflict between this Agreement and any Additional Agreement, such Additional Agreement shall govern with respect to those specific aspects, and shall not otherwise affect the validity of any other aspect of this Agreement nor the validity of rights and permissions granted to us.

2. Modifications

Business Funding may make changes to this Agreement from time to time at our sole discretion. When we do this, the Last Updated date at the top of this page will be updated indicating when the latest revisions were made. Your continued use of the Services or the Website after update will constitute acceptance of such revisions. We may notify you of changes, but have no obligation to do so and you should periodically visit this page to review any changes to this Agreement as they are binding upon You regardless of whether You actually received notice from Business Funding regarding modifications.

3. Credit and Background Check Authorization

You understand and agree that if you submit an application to Business Funding, Business Funding and our agents, affiliates and assignees are authorized to contact third parties to conduct background checks and other investigative reports, and obtain any other document or data that we reasonably believe may be necessary to determine your eligibility for an extension of credit, including but not limited to your business credit card sales data as described below, and make credit report inquiries (including requesting personal credit bureau reports about you and any other owner(s) of the business who will be providing a personal guarantee, and business credit bureaus about your company, in either case, from credit reporting agencies and other sources) or for any other lawful purpose. Business Funding has such authority for the foregoing in connection with any extension of credit to the company on whose behalf you are applying, conducting loan file updates, ongoing loan reviews, renewal of financing, or referral of your business to third party lenders. This includes, but is not limited to, ongoing credit checks, reviews of electronic bank data and any other data deemed necessary by us. Further, Business Funding’s affiliates may also contact third parties for the purpose of obtaining background checks, other investigative reports, or any other document or data that we reasonably believe may be necessary to determine your eligibility for an extension of credit, and may further make credit report inquiries as described in this paragraph to determine whether you qualify for an extension of credit, or for any other lawful purpose. Upon your written request, we will advise you if we obtained a credit report. You understand and agree that Business Funding is making no commitment or guarantee that any evaluation by Business Funding and/or Business Funding’s affiliates will result in an approval of credit from Business Funding or any lending partner.

4. Registration

While you may use the Website or Services without registering, certain functionalities or areas of the Website may require you to register and create a username and password in order to access such portions of the Website. You may not share your username or password with others. You are solely responsible for (i) authorizing, monitoring, and controlling access to and maintaining the confidentiality of your username and password; (ii) informing us, in writing, of any need to deactivate a username due to security, confidentiality, or other concerns; and (iii) any charges or damages that may be incurred by use of your username and password, for any reason, until such time as you tell us to deactivate your account or other such notification that your account has been compromised or such other unauthorized use. We are not liable for any harm related to any authorized or unauthorized use of your username or password.

5. Information Collected and Used

For information about Business Funding's data collection, protection, and sharing practices, please read our Privacy Policy, which can be accessed on the Website, as modified from time to time, which is hereby incorporated into this Agreement. The Privacy Policy explains how Business Funding collects and treats your personal and company information, and protects your privacy, when you access Business Funding, the Website, or otherwise use the Services. The policy may be updated from time to time at our sole discretion. Changes will be effective upon posting to the Website. Your continued use of the Website or the Services constitutes your consent to the terms of the Privacy Policy as it exists on the date you access the Website and/or utilize the Services and any subsequent updates irrespective if you receive formal notice from us if updated.

Information You Provide to Us

We collect information that you provide to us, for example when you create or modify an account, register to use the Website, purchase products or services from us, request information from us, contact customer support, or otherwise communicate with us. This information may include: name; home address; email address; home, work, and mobile telephone numbers; bank and/or other account numbers; financial information; date of birth; Social Security Number; and driver’s license or other national, state, or government ID numbers.

Information We May Collect Automatically

Location / Geolocation Information and Your Internet Protocol (IP) address.

Information We May Collect Through Your Use of the Website

Google Analytics

We use Google Analytics, a web analytics service provided by Google, Inc. Google Analytics uses Cookies or other tracking technologies to help us analyze how users interact with the Site and Services, compile reports on their activity, and provide other services related to their activity and usage. The technologies used by Google may collect information such as your IP address, time of visit, whether you are a returning visitor, and any referring website. The information generated by Google Analytics will be transmitted to and stored by Google and will be subject to Google's privacy policies. To learn more about Google's partner services and to learn how to opt out of tracking of analytics by Google, click here.

Other Types of Collecting Activities

The Site and Services may use Cookies and similar technologies third-party vendors provide to collect information on user behavior (e.g., screens and pages visited, buttons and links clicked, limited information entered, and user taps and mouse movements). This information enables us to monitor and improve the user experience.

Advertising

We may use how you browse and shop in order to show you ads for Business Funding that are more relevant to your interests. We may use cookies and other information to provide relevant interest-based advertising to you. Interest-based ads are ads presented to you based on your browsing behavior in order to provide you with ads more tailored to your interests. These interest-based ads may be presented to you while you are browsing our Site or third-party sites not owned by Business Funding.

Ad networks may use your browsing history across participating websites to show you interest-based advertisements on those websites. Currently, our Site does not recognize if your browser sends a “do not track” signal or similar mechanism to indicate you do not wish to be tracked or receive interest-based ads. You can opt-out of receiving interest-based ads from us by clicking on the “ad choices” icon near the advertisement and selecting the marketing activities of which you would like to opt-out.

You can opt out of Cookies set by specific entities by following the instructions found at these links:

• Adobe
• Google
• Facebook
• LinkedIn
• Mixpanel

To learn more about interest-based advertisements and your opt-out rights and options, visit the Digital Advertising Alliance and the Network Advertising Initiative websites (www.aboutads.info and http://www.networkadvertising.org/managing/opt_out.asp). These opt-out mechanisms are specific to the device or browser on which they are exercised. Therefore, you will need to opt out on every browser and device that you use.

Please note that if you choose to opt out, you may continue to see ads on our Site, but they will not be based on how you browse and shop.

6. Site Security

You acknowledge and agree that internet transmissions are never completely private or secure and that any message or information you send to our Website or Services may be read or intercepted by others, notwithstanding our efforts to protect such transmissions. In addition, as a condition of your use of the Website or Services, you agree that you will not take any action intended to: (i) access data that is not intended for you; (ii) invade the privacy of, obtain the identity of, or obtain any personal information about any Business Funding customer or user of our Website or Services; (iii) probe, scan or test the vulnerability of the Website, Services, or the Business Funding network or breach security or authentication measures without proper authorization; (iv) attempt to interfere with service to any user, host or network or otherwise attempt to disrupt our business, including, but not limited to, via means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing” or “crashing,” or (v) send unsolicited mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability.

We use industry standard physical, technical and administrative security measures and safeguards to protect the confidentiality and security of your personal information. However, since the internet is not a 100% secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. It is your responsibility to protect the security of your login information. Please note that e-mails and other communications you send to us are not encrypted.

7. Identity Verification

To help the government fight the funding of terrorism and money laundering activities, federal law requires financial institutions to obtain, verify, and record identifying information that identifies each person and entity applying for credit. Therefore, when You apply, we ask for your name, address, and other information that allows us to identify you and your company. We may also ask for a driver’s license or other identifying documents. You allow us to obtain such information and share the information with third parties to help us verify you and your company’s identity.

In connection with the provision of the Services, users may submit financial information from their business banking account(s). Business Funding and Business Funding lending partners use this information for lending decisions and may require updates to monitor the performance of customers on an ongoing basis. Users may direct Business Funding to retrieve your company information maintained online or otherwise by third-party financial institutions or organizations authorized to house such information.

8. Proprietary Rights

All content on the Website or used by the Service, including but not limited to text, names, designs, pictures, information and software, together with any material made available for download, any content, files, code, documents, images, audio, and video are the proprietary property of Business Funding, with all rights reserved.

You are solely permitted to use content delivered to you through the Services or Website only on the Services. You may not copy, reproduce, modify, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the Services or Website technology.

9. Electronic Communications

By using the Services or the Website, or by submitting any application to Business Funding, you consent to receive any and all communications from Business Funding and any other document via electronic means as set forth in Business Funding's Electronic Signature Acknowledgement and Consent Agreement, You also consent to allow Business Funding, its affiliates or lending partners to respond to any inquiries by email, at the email address you have provided, regardless of the format of the original inquiry. You must also agree to our E-Sign Agreement during the online application process.

10. Consent to be Contacted

By submitting your contact information to us (either through an application or any other means), you are expressly consenting to be contacted by Business Funding and/or Business Funding’s Affiliates by telephone, text messages, SMS, email, or postal mail even if you have opted into the national Do Not Call List administered by the Federal Trade Commission, or any state equivalent Do Not Call List or the Do Not Call List of any specific institution.

By submitting your contact information, registering for an account, applying for a Service or beginning an application for a Service, you are consenting to be contacted by us by written notices, email messages, text messages (other than SMS messages, which are covered below), or telephone, via any contact information we have for you in our records or from other public and nonpublic databases we may lawfully access, and, in connection with any such telephone calls, you consent to the use pre-recorded/artificial voice messages and/or automatic dialing devices at any telephone number associated with your account, including mobile telephone numbers that could result in charges to you for matters related to your loan or application, including but not limited to reminding you of upcoming payments, collections, and other loan-related issues. Where allowed by law, we also may contact other individuals who may be able to provide updated employment, location and contact information for You.

You hereby further consent that we may utilize third party services and other providers for the purposes of contacting you on our behalf in accordance with this Agreement.

You authorize Business Funding and those acting on its behalf to deliver or cause to be delivered advertisements or telemarketing messages, including calls, text messages (other than SMS messages, which are covered below), using an automatic telephone dialing system (often referred to as an autodialer) or an artificial or prerecorded voice, to the telephone numbers you have provided to Business Funding (including your cellular phone numbers). You agree that this consent applies even if the numbers you have provided are currently on any state, federal, or corporate Do-Not-Call registry. You understand that you are not required to provide this consent as a condition of receiving any credit or services from Business Funding, and that you may apply for business credit by contacting us directly. You may opt out of receiving calls and marketing from Business Funding and its affiliates, marketing partners, agents and others as provided in the Privacy Policy or by contacting us directly.

11. SMS Text Message Terms and Conditions

You acknowledge and agree that you are opting in to AM Funding, LLC’s (“Business Funding”) SMS text messaging services by selecting to opt-in on our Website or if you verbally opt-in over the telephone. By opting in to receive SMS text messages, you agree to receive SMS text messages regarding your application, marketing and/or promotions, and general information regarding Business Funding’s products and services. You understand that you are not required to opt in as a condition of purchasing any property, goods, or services.

By opting in:

• You authorize Business Funding to use autodialer or non-autodialer technology to send recurring text messages to the mobile phone number associated with your opt-in (i.e., the number from which you send and confirm the opt-in request).
• You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that phone number on a family or business plan and that you are authorized to opt in.

To opt out of text messages, reply “STOP” to the text message you receive and you will receive a text message confirming that you have been unsubscribed.

Frequency of text messages and maximum number of messages per month may vary. Communications via text message will be to your mobile device, and may include information about any current or future applications, accounts, overdue amounts, products or services that you have with or through Business Funding. Message and data rates may apply.

Data obtained from you in connection with Business Funding’s text messaging services may include your mobile phone number, your carrier’s name, and the date, time and content of your messages and any other information you provide to Business Funding as part of the Services. View Business Funding’s Privacy Policy here: https://businessfunding.com/privacy-policy/

Business Funding may terminate its text messaging services or your participation in such services at any time with or without prior notice to you. The network carriers do not guarantee continuous, uninterrupted or secure text message services and will not be liable for any delayed or undelivered text messages.

Business Funding reserves the right to change these text message terms and conditions at any time, and your continued use of text messages from Business Funding constitutes your agreement to all such changes. You should review this Agreement regularly to ensure that you are aware of future changes.

12. Digital Millennium Copyright Act Notice / Claims of Copyright Infringement & Related Issues (17 U.S.C. § 512)

We respect the intellectual property rights of others. If you believe work has been reproduced in a way that constitutes copyright infringement, you may notify our agent by providing the following information:

• Identification of the copyrighted work that you claim 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 the site;
• Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located so that the copyright agent can locate it;
• Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
• A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.

Upon obtaining such knowledge, we will act expeditiously to remove, or disable access to, the infringing material. Please be aware that there are substantial penalties for false claims. If a notice of copyright infringement has been wrongly filed against you, you may submit a counter notification to our agent. A valid counter notification is a written communication that incorporates the following:

• A physical or electronic signature of the poster;
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
• Your name, address, and telephone number; a statement that you consent to the jurisdiction of federal district court for the judicial district in which your address is located, or if your address is outside of the U.S., for any judicial district in which the service provider may be found; and that you will accept service of process from the complainant.

Notices of the foregoing copyright issues should be sent as follows:

Business Funding
Attention: Legal Department
4800 N Federal Hwy STE B200
Boca Raton, FL 33431

Or via electronic mail at [email protected]

If you give notice of copyright infringement by email, an agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your email before we are required to take any action. This information should not be construed as legal advice. For further information about the DMCA, please visit the website of the United States Copyright Office at http://www.copyright.gov/onlinesp.

13. Third Party Sites or Content

The Website, Services, or other materials sent to you may contain links to other websites or services (“Third Party Sites”), as well as content from third parties. Business Funding is not responsible for such Third Party Sites or content from third parties, including without limitation accuracy, reliability, offensiveness, privacy, security, or appropriateness. If you decide to leave the Website and access Third Party Sites or third party content, this Agreement and Business Funding policies do not apply to those Third Party Sites or third party content.

In addition, if any such link is to another capital provider or lender, Business Funding acts solely as a referrer and does not guarantee or underwrite the products or services, including credit products, provided by such capital provider or lender. You will be deemed a customer of that capital provider or lender with respect to any products or services provided by such capital provider or lender. Business Funding has no role in, nor any liability for, any decision made or product or service provided by such other capital provider or lender outside of our Website and/or Services.

14. Pre-Dispute Notification

Prior to the filing any Claim (as defined below), or initiating a lawsuit or arbitration, You agree to provide written notification to Business Funding of any alleged Claim (the “Notice”), and must provide an opportunity to cure such Claim. The Notice shall (1) identify the alleged Claim; (2) provide a statement as to the action required to correct the issue giving rise to the alleged Claim; and (3) provide a date, which shall be no less than 30 days from the date of written notification, by which the corrective action must be taken. If Business Funding takes the requested corrective action within the time period specified in the Notice, then no lawsuit shall be filed or arbitration demand made relating to the identified Claim. Compliance with this paragraph shall be a condition precedent to bringing any lawsuit or arbitration proceeding against Business Funding or its parent, affiliates and subsidiaries.

The Notice by you to Business Funding must be sent via certified or registered mail (or through a private carrier that tracks such correspondence, such UPS or FedEx) at the address below:

Business Funding
Attention: Legal Department
4800 N Federal Hwy STE B200
Boca Raton, FL 33431

Or via electronic mail at [email protected]

15. Arbitration Agreement and Class Action Waiver

YOU AND BUSINESS FUNDING AGREE THAT AT THE ELECTION OF EITHER YOU OR BUSINESS FUNDING, ALL CLAIMS BETWEEN YOU AND BUSINESS FUNDING SHALL BE RESOLVED THROUGH MANDATORY BINDING INDIVIDUAL ARBITRATION PURSUANT TO THIS SECTION.

A. This provision is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, other applicable federal law, and, to the extent it is applicable, by Utah law.

B. Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Business Funding agree that each of the parties intends that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual written agreement.

C. The term “Claim(s)” is to be given the broadest possible meaning, and includes without limitation, disputes arising from or relating to (i) the Website, this Agreement, and/or any Services, (ii) any transactions effected through the Website or Services, (iii) terms of, or changes or additions to, the Agreement, (iv) any application submitted to Business Funding; (v) advertisements, promotions, or oral or written statements relating to the Website, the Services, or any transactions between us, (vi) disputes between you and Business Funding, or Business Funding’s parent corporations, wholly or majority owned subsidiaries, affiliates, predecessors, successors, assigns, agents, independent contractors, employees, officers, directors or other representatives arising between us, (vii) disputes between you and any lending partners relating to the Website, the Services, and/or any application submitted through Business Funding to the lending partners, and (vii) disputes regarding the validity, enforceability, or scope of this Arbitration section or these terms and conditions, including but not limited to whether a given Claim or dispute is subject to arbitration.

D. You and Business Funding agree that any Claim by you against Business Funding (including its parent corporations, wholly or majority owned subsidiaries, affiliates, predecessors, successors, assigns, agents, independent contractors, employees, officers, directors or representatives) and any Claim by Business Funding (including its parent corporations, wholly or majority owned subsidiaries, affiliates, predecessors, successors, assigns, agents, independent contractors, employees, officers, directors or representatives) against you shall be, at the election of either You or Business Funding, resolved by mandatory binding arbitration within a reasonable period of time not to exceed one-hundred eighty (180) days. You and Business Funding agree that the arbitration shall be administered by either the American Arbitration Association (AAA) http://www.adr.org or JAMS http://www.jamsadr.com in accordance with their respective commercial arbitration rules. Except as otherwise agreed between you and Business Funding, the arbitration shall be conducted by a single arbitrator chosen in accordance with the procedures of AAA or JAMS, and the arbitrator shall base the award on applicable law. The arbitration hearing shall occur in the federal district where You are located, and it may be conducted on the basis of documents only or through a telephone or in-person hearing. The arbitrator’s decisions shall be final and binding, are as enforceable as any court order, and are subject to very limited review by a court as set forth in the Federal Arbitration Act. Judgment on the arbitration award may be entered in any court having jurisdiction.

E. EACH PARTY MAY PURSUE ARBITRATION SOLELY IN AN INDIVIDUAL CAPACITY, AND NOT AS A REPRESENTATIVE OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S OR ENTITY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. YOU AND BUSINESS FUNDING WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST ANY OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW AGAINST PUBLIC POLICY. TO THE EXTENT ANY PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST ANY OTHER, THE PARTIES HEREBY AGREE THAT: (1) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (2) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.

F. If the foregoing provision is deemed by a court or arbitrator to be unenforceable only as to some Claims asserted by a party, then the parties agree in advance that all proceedings relating to the Claims against which this provision is unenforceable should be stayed and not proceed pending the completion of the arbitration proceeding on all remaining Claims.

G. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE MUST BE FILED WITHIN ONE YEAR AFTER SUCH DISPUTE AROSE OR IT WILL BE FOREVER BARRED.

H. The foregoing provisions of this Section will not apply to any legal action taken by Business Funding to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Website, Service, any content, submissions and/or Business Funding’s intellectual property rights.

I. Notwithstanding the foregoing, either party may bring qualifying Claims in small claims court. If such a claim is brought, it must be brought in a small claims court in the federal district where You reside or in Boca Raton, FL.

16. Reasonable Accommodation

Individuals with disabilities who require an accommodation to access our products or services should contact us via email at [email protected]; or by mail at 4800 N Federal Hwy STE 200B Boca Raton, FL 33431, Attn: Director of Operations. Please note that we may need advance notice to provide certain accommodations.

17. Miscellaneous

Limitation on Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BUSINESS FUNDING OR OUR DIRECTORS, EMPLOYEES OR AGENTS OR ITS LENDING PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE WEBSITE OR THE SERVICES, INCLUDING THE UNAVAILABILITY OF THE WEBSITE OR SERVICES FOR ANY REASON, OR ANY SYSTEM FAILURE OR MALFUNCTION ASSOCIATED WITH THE SERVICES, AND INCLUDING ANY THIRD PARTY CLAIMS, WHETHER BASED ON THEORIES OF BREACH OF CONTRACT, TORT, PRODUCT LIABILITY, OR BREACH OF WARRANTY. THESE LIMITATIONS OF LIABILITY WILL APPLY EVEN IF WE ARE ADVISED ON THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PARTIES UNDERSTAND THAT THE WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

Warranty

WE DISCLAIM ANY WARRANTY OF MERCHANT LIABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY LIABILITY FOR ERRORS OR OMISSIONS IN ANY INFORMATION PROVIDED AS PART OF THE SERVICES OR ON THE WEBSITE, AND ANY WARRANTIES REGARDING THE OPERABILITY OF THE SERVICES OR LIABILITY FOR ANY SERVICE INTERRUPTIONS OR SYSTEM FAILURES THAT MAY AFFECT THE SERVICES AT ANY TIME.THE WEBSITE AND SERVICES ARE PROVIDED AS-IS, WITH ALL FAULTS, AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, TO THE FULL EXTENT PERMITTED BY LAW. WE CANNOT GUARANTEE THAT YOUR USE OF OUR WEBSITE OR SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT THE SECURITY OR TRANSMISSION OF INFORMATION AND MONEY WILL BE WITHOUT DEFECT.

Governing Law; Venue and Jurisdiction

By accessing the Website or using Services, you agree that the laws of the state of Florida (or the home state of Business Funding’s lending partners), without regard to any principles of conflict of laws that would require or permit the application of laws of any other jurisdiction, will govern this Agreement or your use of the Website and Services. By using the Website or Services, or by submitting an application for business credit to Business Funding or its lending partners, you agree that you are submitting yourself to the jurisdiction of the courts within the State of Florida (including federal courts located in the State of Florida), and waive any jurisdictional venue or inconvenient forum objections to such courts.

Indemnification

You agree to defend, indemnify and hold Business Funding and its lending partners and their respective affiliates, directors, officers, employees, agents, contractors, successors or assigns thereof harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by us arising out of your breach of this Agreement or violation of applicable law, any of your submissions, your use of or access to the Website or Services, or access by anyone accessing the Website or Services using your account. We reserve the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim, and to direct our own defense in all aspects at your sole expense.

Intellectual Property

The Website and Services are protected by United States and international copyright and trademark laws and other applicable intellectual property laws, and together with any material made available for download, any content, files, code, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through the Website or Services (collectively, the “Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized and/or approved, in writing, by Business Funding. You may not frame or utilize framing techniques to enclose, or deep link to, our names, trademarks, service marks, logos, Content or other proprietary information without our express written consent. You are authorized solely to view and retain a copy of the pages of the Website for your own personal, non-commercial use. Additionally, you agree that you will not (i) remove or alter trademark or other proprietary notice or legend displayed on the Website or Services (or printed pages produced from the Website); and (ii) make any other modifications to any documents obtained from the Website other than in connection with completing information required to transact business with Business Funding.

Submissions, Reviews, Feedback and other Postings

If you submit, upload or post any comments, ideas, suggestions, information, files, images or other materials to us or the Website, or if you submit any materials through third party services, such as by tagging us on social media (collectively, “Submissions”), you represent and warrant that you are the owner of or have the necessary rights and licenses to provide such Submissions. You further agree to, and hereby grant to us, a royalty-free, irrevocable, and fully transferable right and license to use the Submissions at our discretion and to use your name as provided in connection with your Submission or as set forth in your account. Please do not provide any Submissions that (i) are abusive, unlawful, obscene, or harmful, or that could encourage criminal or unethical behavior, (ii) violate or infringes the intellectual property or privacy rights of any person or entity, or (iii) contain or transmit a virus or any other harmful component. We take no responsibility and assume no liability for any Submissions provided by you or any third party, and under no circumstances shall we be liable for any user Submissions, including, but not limited to any loss or damage that results from the Submissions being transmitted or made available on Website or through the use of the Website and Services. Business Funding shall not be subject to any obligations of confidentiality regarding such Submissions except as may be expressly agreed in writing by Business Funding or as otherwise specifically required by law.

Access to Your Information and Choices

If you have questions about personal information we have about you or need to update your information, you can email [email protected]. You can opt-out of receiving marketing and promotional emails from Business Funding by using the opt-out or unsubscribe feature contained in the emails and located in your account homepage. After you pay off your account balance in full, we may retain a copy of the information for archival purposes, to comply with state and federal laws, and to avoid identity theft or fraud, to the extent permitted by law.

Sweepstakes & Other Promotions

From time to time, Business Funding may conduct promotions on or through the Website, including without limitation, contests, sweepstakes and other promotions (“Promotions”). Each Promotion may have additional terms and/or rules of participation (“Promotion Rules”), which will be posted or otherwise made available to you. The Promotion Rules for each Promotion in which you participate will be deemed incorporated into and form a part of this Agreement for the Promotions. It is your responsibility to read the Promotion Rules to determine whether or not your participation, registration, or entry will be valid or restricted, and to determine your participation requirements.

Severability

If any part of this Agreement is void or unenforceable, all remaining terms shall remain valid and enforceable.

18. How to Contact Us

To contact us for questions or concerns, other than communications related to sections 12 and 14 above, please email us at [email protected], or write to us at:

Business Funding
Business Funding Client Service Center
4800 N Federal Hwy STE B200
Boca Raton, FL 33431