Last Updated: January 17, 2024
You agree to the Agreement in its entirety when you:
(a) access or use the Site;
(b) access and/or view any of the text, blog posts, news articles, video and other information pertaining to small business loans and related financial products and/or services, as made available on the Site (the “Content”);
(c) access links to Funderial’s™ social media pages/accounts on third party social media websites, such as Facebook®, Instagram® and LinkedIn® (collectively, “Social Media Pages”);
(d) access information regarding employment opportunities available with Funderial™ (“Career Opportunity Listings”);
(e) access information regarding opportunities for your business to utilize the Funderial™ referral network in a number of scenarios (“Referral Program”); and/or
(f) utilize the various contact forms on the Site (collectively, the “Contact Services”) in order to submit a request to be contacted by Funderial™ and/or Funderial’s™ third-party merchant loan product and/or service providers (“Third Party Services Providers”) in order to receive quotes and other information associated with small business loan, merchant cash advance and/or financing-related products and/or services as offered by the Third Party Service Providers (collectively, the “Third Party Products”) and/or Funderial™ (“Funderial Products,” and together with the Site, Content, Social Media Pages, Career Opportunity Listings, Referral Program and Contact Services, the “Site Offerings”). Please review the complete terms of the Agreement carefully. If you do not agree to the Agreement in its entirety, you are not authorized to use the Site Offerings in any manner or form.
Please be advised that Funderial™ does not itself provide any Third Party Products, and the ultimate terms and conditions of any Third Party Products will be determined by the applicable Third Party Services Provider. You understand and agree that Funderial™ shall not be liable to you or any third party for any claims related to the Third Party Products offered by any Third Party Services Provider.
We receive compensation from Third-Party Service Providers featured by and through the Site Offerings. This compensation may determine the inclusion of certain Third-Party Service Providers in our referral network.
Facebook® and Instagram® are registered trademarks of Facebook, Inc. (“Facebook”). LinkedIn® is a registered trademark of LinkedIn Corporation (“LinkedIn”). Please be advised that Funderial™ is not in any way affiliated with Facebook or LinkedIn, and the Funderial™ Offerings are not endorsed, administered or sponsored by Facebook or LinkedIn.
1. Requirements/Necessary Equipment
The Site Offerings are available only to individuals who can enter into legally binding contracts under applicable law. The Site Offerings are not intended for use by individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age). If you are under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age), you do not have permission to use and/or access the Site Offerings.
You shall be responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the Site Offerings. Funderial™ does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer. Funderial™ does not guarantee that the Site Offerings can be accessed:
(a) on all mobile devices;
(b) through all wireless service plans;
(c) in connection with all Internet browsers; and/or
(d) in all geographical areas. Standard Internet service provider, data and wireless access fees may apply to your use of the Site Offerings. You are fully responsible for all such charges and Funderial™ has no liability or responsibility to you, whatsoever, for any such charges billed by your Internet service provider and/or wireless carrier.
2. Scope and Modification of the Agreement
The Agreement constitutes the entire and only agreement between you and Funderial™ with respect to your use of the Site Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Site Offerings. Unless explicitly stated otherwise, any future offer(s) made available to you on or through the Site Offerings that augment(s) or otherwise enhance(s) the current features of the Site Offerings shall be subject to the Agreement. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site Offerings. By your continued use of the Site Offerings, you hereby agree to comply with and be bound by all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions in effect at the time of the subject dispute).
3. Description of the Contact Services, Funderial Products and Third Party Products.
The Site Offerings provide users with an opportunity to apply for Funderial Products as offered by Funderial™, as well as Third Party Products, as offered by Funderial’s™ Third Party Service Providers. Please be advised that Funderial™ does not itself provide Third Party Products, and the ultimate terms and conditions of any Third Party Products provided by its Third Party Service Providers will be determined by those Third Party Service Providers. Where you wish to be contacted by Funderial™ and/or one or more of Funderial’s™ Third Party Service Providers in order to receive information and quotes pertaining to the Funderial Products and/or Third Party Products, you must first fully complete the application form located at the Site ("Site Application").
The Site also provides businesses with an opportunity to request information regarding the Referral Program (“Referral Program Form”), and individuals with an opportunity to request information regarding Career Opportunity Listings (“Career Opportunity Form,” and together with the Site Application and Referral Program Form, the “Forms”).
The information that you must supply on the Forms may include, but is not limited to, some or all of the following:
(a) your full name;
(b) the name of your business;
(c) your telephone number;
(d) your email address;
(e) the amount of financing that you are seeking;
(f) your resume (where you are submitting a Career Opportunity Form); and/or
Please be advised that, in connection with the Funderial Products and/or Third Party Products review processes, Funderial™ and its Third Party Service Providers may, among other things, verify your business’s EIN, verify your Social Security Number, perform a credit check and review your Registration Data against national databases that track business/consumer transactions with lending institutions. By submitting your Registration Form, you agree to allow Funderial™ and its Third Party Service Providers to review, verify and research your Registration Data in such a manner.
The ultimate terms and conditions associated with any Funderial Products will be governed by one or more additional Funderial Product Agreements entered into by and between you and Funderial™. Third Party Product application approval, and the ultimate terms and conditions of any Third Party Products provided by any Third Party Service Provider(s), will be determined by those Third Party Service Providers. You understand and agree that Funderial™ is not responsible or liable in any manner whatsoever for your use of, or inability to use and/or qualify for, Funderial Products or Third Party Products, or for any dispute between you and any Third Party Service Providers. You understand and agree that Funderial™ shall not be liable to you or any third party for any modification, suspension or discontinuation of any product, service or promotion offered by Funderial™ and/or any Third Party Service Providers. If Funderial™ terminates the Agreement for any reason, Funderial™ shall have no liability or responsibility to you. You understand and agree that refusal to use the Site Offerings is your sole right and remedy with respect to any dispute with Funderial™.
4. Non-Endorsement; Passive Conduit
(a) Funderial™ does not sponsor, recommend or endorse any Third Party Service Provider that is accessible by or through the Site Offerings. The Site Offerings facilitate communication between users and potential Third Party Service Providers. The Third Party Service Providers that are accessible by and through the Site Offerings pay a fee for access to the users that utilize the Site Offerings. Funderial™ does not guarantee that you will successfully find any applicable Third Party Product, or other product and/or service, through the Site Offerings.
(b) Please use caution and common sense when using the Site Offerings. Funderial™ in no way endorses the content or legality of any responses, statements or promises made by Third Party Service Providers or any other parties featured through the Site Offerings.
(c) The determination as to the suitability or value of applicable Third Party Products should not be based solely on advertisements, claims of expertise or cost offered by any Third Party Service Provider. Funderial™ is not responsible for, and in no way endorses, any description or indication of specialization or limitation of any Third Party Service Provider that is accessible by or through the Site Offerings. Users should make an independent investigation of, and confirm and verify all claims made by, the Third Party Service Providers. You are encouraged to use caution when reviewing any information made available by Third Party Service Providers.
(d) Funderial™ does not involve itself in the agreements between users and Third Party Service Providers or the actual provision of Third Party Products in connection with the relationships created thereby.
5. Social Media Pages
The Site contains links to the various Funderial™ Social Media Pages. The Social Media Pages are hosted and made available on third party websites (“Social Media Websites”) by third party entities. Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, terms and conditions. You understand and agree that Funderial™ shall not be liable to you, any other user or any third party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.
6. Referral Program
Upon completing the Referral Program Form and clicking on the applicable submission button on the Site, Funderial™ may contact you directly, via telephone or other means, regarding your interest in joining our Referral Program. The ultimate terms and conditions associated with the Referral Program will be governed by one or more additional Referral Program Agreements entered into by and between you and Funderial™. Funderial™ does not represent that all applicants that submit Referral Program Forms will gain access to the Referral Program. Funderial™ reserves the right to reject any Referral Program applications submitted in its sole and absolute discretion. You understand and agree that Funderial™ is not responsible or liable in any manner whatsoever for your use of, or inability to use and/or qualify for, the Referral Program. You understand and agree that Funderial™ shall not be liable to you or any third party for any modification, suspension or discontinuation of the Referral Program.
Users are solely responsible for their interactions with Third Party Service Providers and other third parties featured by and through the Site Offerings. Because Funderial™ is not involved in interactions with Third Party Service Providers, in the event that you have a dispute with one or more Third Party Service Providers and/or other third-parties, you hereby release Funderial™ from any and all claims, demands and/or 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.
8. Representations and Warranties
You hereby represent and warrant to Funderial™ as follows:
(a) the Agreement constitutes your legal, valid and binding obligation which is fully enforceable against you in accordance with its terms; and
(b) you understand and agree that you have independently evaluated the desirability of utilizing the Site Offerings and that you have not relied on any representation and/or warranty other than those set forth in the Agreement.
10. License Grant
As a user of the Site Offerings, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site Offerings and associated content in accordance with the Agreement. Funderial™ may terminate this license at any time for any reason. You may use the Site Offerings on one computer for your own personal, non-commercial use. No part of the Site Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site Offerings or any portion thereof. Funderial™ reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site Offerings. You may not take any action that imposes an unreasonable or disproportionately large load on Funderial™ infrastructure. Your right to use the Site Offerings is not transferable.
11. Proprietary Rights
The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Site Offerings are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the Site Offerings is strictly prohibited. Systematic retrieval of material from the Site Offerings by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Funderial™ is prohibited. You do not acquire ownership rights in or to any content, document, software, services or other materials viewed by or through the Site Offerings. The posting of information or material on or through the Site Offerings by Funderial™ does not constitute a waiver of any right in or to such information and/or materials. The “Funderial” name and logo, and all associated graphics, icons and service names, are trademarks of Funderial LLC. All other trademarks are the property of their respective owners. The use of any trademark without the applicable trademark owner's express written consent is strictly prohibited.
12. Editing, Deleting and Modification.
We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing by or through the Site Offerings.
13. Legal Warning
Any attempt by any individual, whether or not an Funderial™ customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site Offerings, is a violation of criminal and civil law and Funderial™ will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
You agree to indemnify and hold Funderial™, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners (collectively, the “Covered Parties”), harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of:
(a) your use of the Site Offerings;
(b) your breach of the Agreement;
(c) any dispute between you and any Third Party Service Providers; and/or
(d) your violation of any rights of another individual and/or entity. The provisions of this Section 14 are for the benefit of the Covered Parties. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
15. Disclaimer of Warranties
THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, FUNDERIAL™ MAKES NO WARRANTY THAT:
(A) THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WILL MEET YOUR REQUIREMENTS;
(B) THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(C) YOU WILL QUALIFY FOR THE REFERRAL PROGRAM, ANY FUNDERIAL PRODUCTS AND/OR ANY THIRD PARTY PRODUCTS;
(D) YOU WILL REALIZE ANY SPECIFIC FINANCING GOAL, FINANCIAL BENEFIT AND/OR OUTCOME; OR
(E) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WILL BE ACCURATE OR RELIABLE. THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FUNDERIAL™, THE THIRD PARTY SERVICE PROVIDERS OR OTHERWISE BY, THROUGH OR FROM THE SITE OFFERINGS, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
16. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FUNDERIAL™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FUNDERIAL™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR:
(A) THE USE OR THE INABILITY TO USE THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME;
(B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE SITE OFFERINGS;
(C) THE FAILURE TO QUALIFY FOR THE REFERRAL PROGRAM, ANY FUNDERIAL PRODUCTS AND/OR ANY THIRD PARTY PRODUCTS;
(D) THE FAILURE TO REALIZE ANY SPECIFIC FINANCING GOAL, FINANCIAL BENEFIT AND/OR OUTCOME;
(E) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND
(F) ANY OTHER MATTER RELATING TO THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE FUNDERIAL™ AND ITS THIRD PARTY SERVICE PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF FUNDERIAL™ TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND FUNDERIAL™. THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
17. Third Party Websites
The Site Offerings may provide links to and/or refer you to other Internet websites and/or resources including, but not limited to, Social Media Websites and/or Third Party Service Provider websites. Because Funderial™ has no control over such third party websites and/or resources, you hereby acknowledge and agree that Funderial™ is not responsible for the availability of such third party websites and/or resources. Furthermore, Funderial™ does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.
18. Dispute Resolution Provisions
The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). The parties (and Covered Parties) hereby agree to arbitrate all claims that may arise under and/or relate to the Site Offerings and/or the Agreement. Without limiting the foregoing, should a dispute arise between the parties/any Covered Parties including, without limitation, any matter concerning the Site Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto:
(a) the parties/Covered Parties agree to submit their dispute for resolution by arbitration as set forth below; and
(b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found Here. The Covered Party(ies) named in your Initial Dispute Notice (collectively, the “Named Parties”) may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer"). If the applicable Named Party(ies) provide(s) you with a Final Settlement Offer and you do not accept it, or such Named Party(ies) cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before JAMS, in your county of residence, by filing a separate Demand for Arbitration, which is available Here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then the Named Party(ies) will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, the Named Party(ies) will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although the Named Party(ies) may have a right to an award of attorneys’ fees and expenses if the Named Party(ies) prevail in arbitration, the Named Party(ies) will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit and/or class arbitration as to any claim, dispute or controversy that you may have against any Covered Party and/or Funderial™ (including its employees, officers, directors, shareholders, members, representatives and/or assigns). You agree to the entry of injunctive relief to stop such a class action lawsuit and/or class arbitration, as applicable, or to remove you as a participant in the suit and/or class arbitration, as applicable. You agree to pay the attorney’s fees and court costs that Funderial™ and/or any Covered Party incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits and/or class arbitrations:(i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually, and not as a class action or class arbitration, in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and Funderial™ and governs your use of the Site Offerings, superseding any and all prior and/or contemporaneous agreements between you and Funderial™. To the extent that anything in or associated with the Site Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence; provided, however, that with respect to the:
(a) Funderial Products, to the extent that anything in these Terms and Conditions and/or any Content is inconsistent with the applicable Funderial Product Agreements, those Funderial Product Agreements, as applicable, shall take precedence; and
(b) Referral Program, to the extent that anything in these Terms and Conditions and/or any Content is inconsistent with the applicable Referral Program Agreements, those Referral Program Agreements, as applicable, shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Funderial™ may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without any notice to you. The Agreement may not, however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such Agreement section.
20. Contact Us