Terms & Conditions

BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY OR OTHER PERSON THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY OR OTHER PERSON THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD OR DO NOT RESIDE IN THE UNITED STATES OF AMERICA. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS IN THEIR ENTIRETY, DO NOT ACCESS AND/OR USE THE SITE. BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF USE OF THIS SITE. THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 11) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

We may change these Terms of Use from time to time. Please review this site and these Terms of Use from time to time and to familiarize yourself with any modifications.

Acceptance of Terms

The websites located at www.BusinessFunding.com (collectively or individually the “Site”) is a copyrighted work belonging to AM Funding, LLC, (“BusinessFunding.com”, “us”, “our”, and “we”). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

• Background; Certain Required Information

9. a) Provision of Information.In order to obtain certain features or services offered in conjunction with use of the Site, you must provide certain information about yourself as prompted. You represent and warrant that: (a) all required information you submit is truthful and accurate; (b) you are the person described in such information or, if not, you are lawfully authorized to provide such Information and to give the consent of the person described in such information, including consent to be contacted as required by the Telephone Consumer Protection Act of 1991 47 U.S.C. 227 (“TCPA”); and (c) you will maintain the accuracy of such information. BusinessFunding.com.com may suspend or terminate your access to the site and /or any services made available on or in conjunction with the Site in accordance with Section 9. If you access the Site on behalf of another person then “you”, “yourself”, “your” and “user” means and refers to you on behalf of yourself and you on behalf of such other person.

• Access to the Site

1. a) License.Subject to these Terms, BusinessFunding.com.com grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use.
2. b) Certain Restrictions.The rights granted to you in these Terms are subject to the following restrictions: (i) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (ii) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (iii) you shall not access the Site in order to build a similar or competitive website, product, or service; and (iv) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.
3. c) Modification. com.com reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that BusinessFunding.com.com will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
4. d) No Support or Maintenance.You acknowledge and agree that BusinessFunding.com.com will have no obligation to provide you with any support or maintenance in connection with the Site.
5. e) Ownership. You acknowledge that all the intellectual property rights, including copyrights, trademarks, patents, and trade secrets, in the Site and its content are owned by BusinessFunding.com.com or BusinessFunding.com’s suppliers. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2(a). BusinessFunding.com and its suppliers reserve all rights not granted in these Terms. You further agree and acknowledge that (i) BusinessFunding.com will own any Information (as defined in BusinessFunding.com’s Privacy Policy) you provide when accessing the Site or using the services made available on the site or that BusinessFunding.com otherwise obtains in connection with your access to and use of the Site and the services; and (ii) BusinessFunding.com.com may deal with such Information in any manner including selling such Information to BusinessFunding.com’s Network Partners provided, however, that BusinessFunding.com’s use of such Information must be compliant with the BusinessFunding.com.com Privacy Policy and these Terms. There are no implied licenses granted under these Terms.
6. f) You allow us referral of your inquiry to our Network Partners. If any Network Partner(s) wish to provide information to you in connection with your Request, you will be contacted regarding the offerings and related pricing. Network Partners make contact with you via the preferred medium that you prefer, but this does not prevent such Network Partners from contacting you by any other means that they deem appropriate. In working with Network Partners, we seek to work with companies that are reputable, professional and can service the needs of our users. However, we strongly recommend that you perform your own due diligence and research on each potential Network Partner prior to selecting or entering into any agreement or arrangement with any particular Network Partner. In addition, once we refer your request to the Network Partners, we have no further involvement in, or responsibility for, any transactions that occur between you and the Network Partner(s). We are not responsible or liable for ANY expenses, losses or damages (financial or otherwise) incurred in any such transactions or Network Partner’s acts or omissions including, without limitation, with respect to any quotes or services that any such Network Partner may provide, for such Network Partner’s contact or delay or failure to contact you, for such Network Partner’s performance or failure to perform, or for any agreement or transaction between you and any such Network Partner. We cannot and do not guarantee that the Network Partners will provide information for every Request received or that the Network Partners who do respond to your Request can in fact meet your requirements. We may reject any Request and / or elect not to forward a Request to participating Network Partners at our sole discretion.
7. G) User Content.All information or other content conveyed or communicated by you to BusinessFunding.com as a contribution to any of the Sites (each, a “Submission”) shall comply with these Terms of Use and, upon receipt, will become property of BusinessFunding.com. BusinessFunding.com will not be required to treat any Submission as confidential and will not be liable for the use of any ideas (including without limitation, any product, service, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services, or operations. BusinessFunding.com shall have the right to use any content contained in a Submission for any purpose, without acknowledging the source of that Submission, and without compensation to you or any other person sending that Submission.

BusinessFunding.com may permit the posting of text, files, images, photos, video, sounds, musical works, works of authorship, and other materials and content by you and other users (“User Content”) on certain areas of our Sites, including those that are interactive and accessible to the public. By submitting or posting User Content, you understand and acknowledge that any materials, ideas, or other communications you submit or post in any manner and for any reason will not be treated as confidential or proprietary and may be preserved, disclosed, or removed from the Sites by BusinessFunding.com at its sole discretion. BusinessFunding.com has the right to accept, post, refuse, remove, or delete any User Content for any or no reason (including User Content that BusinessFunding.com considers violative of these Terms of Use or otherwise illegal or objectionable). Notwithstanding the foregoing, you understand and acknowledge that BusinessFunding.com has no responsibility to monitor any materials submitted, posted, transmitted, or communicated to or within the Sites. That said, if there is something on the Sites that you’d like to bring to our attention because you think it violates the Terms of Use, please email ipcompliance@BusinessFunding.com.com.

All User Content shall comply with these Terms of Use. In addition, you specifically represent that: (i) you own or have the necessary licenses, rights, consents or permissions to use, and authorize BusinessFunding.com to use, all patent, copyright, trade secret, trademark, and other proprietary rights to enable inclusion and use of User Content in the manner contemplated by the Sites and these Terms of Use; and (ii) you have the appropriate and necessary written consent, release, or permission of each identifiable individual person or business in your User Content to use the name, likeness, or other personal characteristics of each such identifiable individual or business (as applicable) to enable inclusion and use of such User Content in the manner contemplated by the Sites and these Terms of Use. You are solely responsible for any User Content you submit or post and the consequences of submitting or posting it.

By submitting or posting User Content, you grant BusinessFunding.com a non-exclusive, irrevocable, perpetual, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, display, modify, prepare derivative works based upon, and otherwise exploit (including, but not limited to, over the Internet, social media, broadcast television, radio or any other uses or media), the User Content to the maximum extent permitted by applicable law. You also hereby grant each user of the Sites a non-exclusive license to access your User Content through the Sites, and to use, access, reproduce, distribute, transmit, forward, display, and perform such User Content to the extent permitted by the Sites under these Terms of Use.

• Privacy

Your use of the Site, and any Information you provide to us while using the Site, is subject to our Privacy Policy. By using the Site, you consent to the use of your Information as we outline in our Privacy Policy. If we connect you with a Network Partner through the Site or a phone number displayed on the Site, or by any other means, you accept that:

1. a) Our Privacy Policy governs anything you do on the Site and the applicable Network Partner’s privacy policy governs anything you do (e.g. discuss insurance) with such Network Partner.
2. b) If we display the telephone number of a Network Partner, transfer your phone call to a Network Partner, or link to a Network Partner’s website, any and all contact with such Network Partner is undertaken at your own risk. You, not BusinessFunding.com.com, are responsible for any personal information you provide to another company and we recommend as a general practice that you read a company’s privacy policy prior to sharing any personal information.
3. c) BusinessFunding.com’s display on or through the Site or offered by third parties does not in any way imply, suggest, or constitute any sponsorship or approval by BusinessFunding.com.com of any such third party (including any Network Partner) or any affiliation between any such third party and BusinessFunding.com.com. BusinessFunding.com’s display of specific options does not suggest a recommendation by BusinessFunding.com.com of the Network Partners or their product/service options. You agree that BusinessFunding.com.com is in no way responsible for the accuracy, timeliness or completeness of information it may obtain from the Network Partners or elsewhere. Your interaction with any Network Partners accessed through the Site is at your own risk, and BusinessFunding.com.com will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such Network Partners or for any expenses, losses or damages (financial or otherwise) resulting from your interactions with the Network Partners.
4. d) TELEPHONE COMMUNICATIONSBy your use of the Sites, such as, without limitation, through a submission of a request for commercial financing, you expressly consent to receiving servicing, collection, marketing, and other calls and messages, including auto-dialed and pre-recorded message calls, and SMS messages (including text messages) from us, our affiliates, our marketing partners, our trusted third-party providers, referral provides, and marketplace participants, at any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers). Your consent will be effective even if the number you have provided is registered on any state or federal Do-Not-Call (DNC) list. You understand that you are not required to provide consent to telemarketing calls as a condition of receiving any financing or services from BusinessFunding.com.  Please note that you are not required to consent to be called for marketing or promotional purposes in order to qualify for financing or obtain any other products or services from BusinessFunding.com. If you do not agree to be called for marketing or promotional purposes, please email  DNC@BusinessFunding.com.  In your request, please specify whether you would like to stop receiving SMS messages (including text messages), telephone calls, or both, and the telephone number(s) for which you are making the request.

You also consent to the recording and monitoring, for quality assurance, training, risk management, collection, or other purposes, of any call that you place with us (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) or that we (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) place to you.

• Acceptable Use Policy.

a)The following terms constitute our “Acceptable Use Policy”: (i) You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

1. b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).

• Indemnification.

You agree to indemnify and hold BusinessFunding.com.com (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations. BusinessFunding.com.com reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of BusinessFunding.com.com. BusinessFunding.com.com will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

• Copyright, Transfers to Network Partners

1. a) We respect copyright ownership and expect users of our Sites to do so as well. It is our goal to limit or prevent access to the Sites by any users who are repeat infringers of copyright.

If you are a copyright owner or an agent thereof and believe anything on our Sites infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) by providing notice to BusinessFunding.com through our designated agent, by email or mail, as follows:

AM Funding LLC

ATTN: Director of Marketing & Communications

4800 N FEDERAL HWY SUITE B200 BOCA RATON FLORIDA 33431

ipcompliance@BusinessFunding.com

Your DMCA notice should comply with 17 U.S.C. § 512(c)(3) and include substantially the following information:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on that site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You should review the DMCA and/or consult an attorney before submitting a DMCA notice. You acknowledge that if you fail to comply with substantially all of the requirements of a DMCA notice, it may not be valid, and we may not be able to remove infringing content.

1. c) Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of BusinessFunding.com.com, and BusinessFunding.com.com is not responsible for any Third-Party Links & Ads. BusinessFunding.com.com provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.

• Disclaimers

THE SITE IS PROVIDED ON AN “AS-IS,”” “AT YOUR OWN RISK,” AND “AS AVAILABLE” BASIS, AND BusinessFunding.com.com (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

• Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BusinessFunding.com.com (OR OUR NETWORK PARTNERS OR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF BusinessFunding.com.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF ONE HUNDRED FIFTY US DOLLARS (U.S. $150). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT OUR NETWORK PARTNERS AND SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

• Term and Termination.

Subject to this Section, these Terms will remain in full force and effect while you use the Site or any services offered on the Site. For avoidance of doubt, these terms will apply to any interaction you may have with our Network Partners after using the Site or services offered on the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your right to access and use the Site will terminate immediately. You understand that we may delete your User Content in connection with any termination of your rights under these Terms. BusinessFunding.com.com will not have any liability whatsoever to you for any termination of your rights under these Terms, including for deletion of your User Content. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2(b) through 2(f) and Sections 4 through 11.

1. These Terms are subject to occasional revision. Any changes to these Terms will be effective immediately. Continued use of our Site following such changes shall indicate acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
2. Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with BusinessFunding.com.com and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

(a) If, for some reason, a Dispute (defined below) arises (i) between you and BusinessFunding.com.com; and/or (ii) between you and any of our Network Partners in connection with your use of the Site, you, BusinessFunding.com.com and each of BusinessFunding.com’s Network Partners agree to try and resolve such Dispute in good faith. If the Dispute cannot be resolved, you, BusinessFunding.com.com and/or each of BusinessFunding.com’s Network Partners (who have provided their separate agreement to arbitrate any Disputes) agree that we will resolve the Dispute through individual binding arbitration in a non-representative capacity.

(b) Mandatory Arbitration and Waiver of Class Action

(i) Instead of suing in court, you, BusinessFunding.com and each of BusinessFunding.com’s Network Partners are waiving the right to a trial by jury or to participate in a class action or representative action. You agree that, by entering into this Agreement, you, BusinessFunding.com and each of BusinessFunding.com’s Network Partners are waiving the right to a trial by jury or to participate in a class action or representative action. This agreement to arbitrate is intended to be broadly interpreted and expressly includes any claims brought under or in connection with the TCPA.

(ii) In arbitration, there is no judge or jury. Instead, a neutral third-party arbitrator resolves disputes in a less formal process than in court. In arbitration, there is limited discovery and a court review of the arbitrator’s decision is limited. However, just as a court would, the arbitrator must follow the terms of the Agreement, and can award damages and relief, including attorney’s fees authorized by law.

(c) Disputes include but are not limited to any claims or controversies against each other or in any way arising out of your use of the Site or our services or the agreement between us, including our or our Network Partners use of Information provided by you, attempts made to contact you by us or our Network Partners or calls, emails, text messages or faxes you actually receive from us or our Network Partners, our policies, and contract practices and service, privacy or advertising claims, even if the claim arises after your use of the Site or the services offered on the Site has terminated. Disputes also include, but are not limited to, claims that: (a) you or an authorized or unauthorized user of the services or Site bring against our employees, agents, affiliates, or other representatives; (b) you bring against a third party, such as a Network Partner, that are based on, relate to, or arise out of in any way our services or the agreement between us, but only to the extent we are or become a named party in such dispute; or (c) that we or our Network Partners bring against you, but only to the extent we are or become a named party in such dispute. Disputes also include, but are not limited to, (i) claims in any way related to or arising out of the foregoing matters whether based in contract, tort, statute (expressly including any claims under or in connection with the TCPA), fraud, misrepresentation, advertising claims or any other legal theory; (ii) claims that arose before this Agreement or out of a prior agreement with BusinessFunding.com.com; (iii) claims that are subject to ongoing litigation where you are not a party or class member; and/or (iv) claims that arise after the termination of this agreement.

(d) Before you, BusinessFunding.com. or a Network Partner may seek arbitration, the party must first send the others a written notice of Dispute (a “Notice”) describing the nature and basis of the claim or Dispute and the requested relief. Any Notice to BusinessFunding.com.com should be sent to the address set forth in Section 16., below. You agree that BusinessFunding.com.com may forward the Notice to the relevant Network Partner. After the Notice is received, the parties may attempt to resolve the Dispute informally. If the Dispute is not resolved within thirty (30) days of the Notice, any party may initiate an arbitration.

(e) Unless you, BusinessFunding.com and, where relevant, any Network Partner, agree otherwise, the arbitration will be conducted by a single, neutral arbitrator and will take place in the capital city of the state in which you resided at the time you used accessed the Site and/or used the services offered on the Site. The arbitration will be governed by either: (a) rules that we mutually agree upon; or (b) the JAMS Comprehensive Arbitration Rules & Procedures (the “JAMS Rules”), as modified by this agreement to arbitrate, including the rules about the filing, administration, discovery and arbitrator fees. The JAMS rules are available on its website at www.jamsadr.com. Notwithstanding any JAMS Rule to the contrary or any other provision in arbitration rules chosen, by agreement, to govern the arbitration, we each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, except that only a court (and not the arbitrator) shall decide any disagreements regarding the scope and enforceability of this agreement to arbitrate.

(f) The Federal Arbitration Act (“FAA”) applies to this agreement and this arbitration provision. We each agree that the FAA’s provisions—not state law—govern all questions of whether a Dispute is subject to arbitration. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply. However, nothing in this paragraph will require or allow you, BusinessFunding.com.com or a Network Partner to arbitrate on a class-wide, representative or consolidated basis.

(g) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU, BusinessFunding.com.com AND EACH NETWORK PARTNER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER IN ANY PUTATIVE CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you, BusinessFunding.com.com and any applicable Network Partner expressly 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. If any portion of this provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

(h) You, BusinessFunding.com and any applicable Network Partner are each responsible for their respective costs, including counsel, experts, and witnesses. BusinessFunding.com.com or the applicable Network Partner will pay for any filing or case management fees associated with the arbitration and the professional fees for the arbitrator’s services.

(i) An arbitrator’s award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award. The arbitrator’s decision and award is final and binding, with some limited court review under the FAA, and judgment on the award may be entered in any court with jurisdiction.

(k) if for any reason a claim arising out of or relating to this agreement in any way proceeds in court rather than in arbitration, regardless of whether the claim is an action, couterclaim or any other court proceeding, we each agree that to the extent allowed by law, there will not be a jury trial or class action and we each unconditionally (1) waive any right to trial by jury and (2) waive any right to pursue disputes on a classwide basis, including joining a claim with the claim of any other person or entity or asserting a claim in a representative capactity on behalf of anyone else in any other proceeding.

(l) class action waiver. You and BusinessFunding.com each hereby agree that the resolution of any disputes between the parties shall be conducted in their individual capacities only, and each party expressly waives any right to assert any claims against the other party as a representative or member in any class action or other representative proceeding of any kind, except where such waiver is prohibited by law.

1. Governing Law and Jurisdiction by accessing or using the sites, you agree that any claim, dispute, or controversy (whether in contract, tort, or otherwise) at any time arising out of and/or in any way related to the access or use of the sites or these terms of use is governed by, and will be construed in accordance with, the laws of the State of Florida (to the extent not preempted by federal law), without regard to internal principles of conflict of laws. You further agree that the sole and exclusive venue shall be a court located in the City of Palm Beach.
2. Electronic Communications. Communications between you and BusinessFunding.com.com may use electronic means, whether you use the Site or send us emails, or whether BusinessFunding.com.com posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from BusinessFunding.com.com in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that BusinessFunding.com.com provides to you electronically satisfy any legal requirement that such communications would satisfy if they were a hardcopy in writing. The foregoing does not affect your non-waivable rights.
3. Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. Except as otherwise expressly set forth herein, if any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to BusinessFunding.com.com is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without BusinessFunding.com’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. BusinessFunding.com.com may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
4. Copyright/Trademark Information. Copyright © 2023, All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.