Merchant Funding Terms and Conditions

IMPORTANT: ALL USERS MUST READ THIS SECTION

MERCHANT FUNDING LP

ACCEPTANCE OF TERMS AND CONDITIONS

By using this site (the "Site"), you ("you" or the "End User") agree to the terms and conditions that Merchant Funding LP ("Merchant Funding") have provided. If you do not wish to agree to the outlined terms and conditions (the "Terms of Use" or "Agreement"), please refrain from using the Site.

Merchant Funding reserves the right to make any changes to our Terms of Use and/or our Privacy Policy (which is incorporated herein by reference) as we deem necessary or desirable without prior notification to you. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our Terms of Use and Privacy Policy and you continue to use our Site, you are implicitly agreeing to the Terms of Use and Privacy Policy expressed herein.

1. General

This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End-User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User's contact and financial information. By completing and submitting your personal contact and business financial information through the online Application Form, you understand and agree that you are inquiring as to credit card processing and/or funding possibilities with Merchant Funding. All the information you have provided in this pre-qualifying Application Form is true and complete. By submitting the Application Form, you are extending an express invitation to Merchant Funding to contact you by telephone at the numbers you have provided so they may assist you with your request, and you hereby consent to any such calls even if your phone number is on any Do Not Call list. By submitting the Application Form, you authorize Merchant Funding to check your personal credit history. You understand that Merchant Funding may keep this information whether it decides to provide a cash advance or not. Merchant Funding is not a lender and does not make credit decisions in connection with loans. You should rely on your own judgment in deciding which available cash advance program, if any, best suits your needs and financial means. You agree that Merchant Funding shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such services. This Web Site and the services provided by Merchant Funding are available only in connection with credit card processing and pre-purchases of future credit card receivables. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for a funding and/or cash advance commitment, or an offer of our credit card processing services.

End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Merchant Funding, and Merchant Funding shall not be responsible for any data lost while transmitting information on the Internet. While it is Merchant Funding’s objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Merchant Funding, access to the Site may be interrupted, suspended or terminated from time to time.

Merchant Funding shall have the right at any time to change or discontinue any aspect or feature of www.merchantfunding.com, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, Merchant Funding may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

2. Modified Terms.

Merchant Funding reserves the right at all times to discontinue or modify any of our Terms of Use and/or our Privacy Policy as we deem necessary or desirable without prior notification to you. Such changes may include, among other things, the adding of certain fees or charges. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our Terms of Use and Privacy Policy and you continue to use our Site, you are implicitly agreeing to the Terms of Use and Privacy Policy expressed herein. Any such deletions or modifications shall be effective immediately upon Merchant Funding’s posting thereof. Any use of the Site by End User after such notice shall be deemed to constitute acceptance by End User of such modifications.

3. Equipment.

End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. Merchant Funding shall not be liable for any damages to the End User's equipment resulting from the use of this Site.

4. End User Conduct.

This Site and any individual external hyperlinks within our Site are private property. All interactions on this Site and/or the hyperlinks must comply with these Terms of Use. Although we welcome and encourage user interaction on our Site, we do insist and require that all End Users restrict any and all activity in connection with the use of this Site and any hyperlinks to that which involves lawful purposes only. End User shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Merchant Funding's express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by an End User that in Merchant Funding’s exclusive discretion restricts or inhibits any other End User from using or enjoying this Site and/or any of the hyperlinks is strictly prohibited. End User shall not use this Site or any of the hyperlinks to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site and/or the hyperlinks to become users of other on- or offline services directly or indirectly competitive or potentially competitive with Merchant Funding.

The foregoing provisions of this Section 4 apply equally to and are for the benefit of Merchant Funding, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

5. Copyright and Trademarks.

Everything located on or in this Site is the exclusive property of Merchant Funding and is not to be used without the express written permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF MERCHANT FUNDING IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and/or criminal penalties.

This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, press releases, datasheets, FAQs, text, software, photos, video, graphics, music, sound, and the entire contents of Merchant Funding protected by copyright as a collective work under the United States copyright laws. Merchant Funding owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. End User may download/print/save copyrighted material for End User's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Merchant Funding and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a Web site otherwise owned or operated in conjunction with Merchant Funding shall not be deemed to be in the public domain but rather the exclusive property of Merchant Funding, unless such site is under license from the Trademark owner thereof in which case such license is for the exclusive benefit and use of Merchant Funding, unless otherwise stated.

End User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Merchant Funding does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, End User warrants that the owner of such material has expressly granted Merchant Funding the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other end user to access, view, store or reproduce the material for that end user's personal use. End User hereby grants Merchant Funding the right to edit, copy, publish and distribute any material made available on this Site by End User.

The foregoing provisions of Section 5 apply equally to and are for the benefit of Merchant Funding, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

6. Disclaimer of Warranty; Limitation of Liability.

END USER EXPRESSLY AGREES THAT USE OF THIS SITE IS AT END USER'S SOLE RISK. NEITHER MERCHANT FUNDING, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE.

THIS SITE IS MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. END USER SPECIFICALLY ACKNOWLEDGES THAT MERCHANT FUNDING IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH END USER.

IN NO EVENT SHALL MERCHANT FUNDING, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, INCLUDING THE DOCUMENTS AND ANY SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. END USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE.

IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER MERCHANT FUNDING, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE END USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

MERCHANT FUNDING IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THIS SITE. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY MERCHANT FUNDING. MOREOVER, MERCHANT FUNDING RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT, MERCHANT FUNDING, DEEMS UNSUITABLE.

7. Monitoring.

Merchant Funding shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by Merchant Funding, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Merchant Funding shall have the right to remove any material that Merchant Funding, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

8. Privacy.

End User acknowledges that all discussions for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively "Communities") are public and not private communications, and that, therefore, others may read End User's communications without End User's knowledge. Merchant Funding does not control or endorse the content, messages or information found in any Community, and, therefore, Merchant Funding specifically disclaims any liability concerning the Communities and any actions resulting from End User’s participation in any Community, including any objectionable content. Generally, any communication which End User posts to Merchant Funding (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by Merchant Funding as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Site, End User grants Merchant Funding the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose. For more information see Merchant Funding’s Privacy Policy.

9. License Grant.

By posting communications on or through this Site, End User shall be deemed to have granted to Merchant Funding a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub-licensees.

10. Indemnification.

End User agrees to defend, indemnify and hold harmless Merchant Funding, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of this Site by End User.

11. Termination.

Merchant Funding may terminate this Agreement at any time. Without limiting the foregoing, Merchant Funding shall have the right to immediately terminate any passwords or accounts of End User in the event of any conduct by End User which Merchant Funding, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions of Sections 3, 5, 6, 7, 10, 11, 12 will survive termination of this Agreement.

12. Trademarks.

Merchant Funding is a trademark of Merchant Funding LP. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on Merchant Funding are the property of their respective owners.

14. Third Party Content.

Merchant Funding, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, Merchant Funding has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributors) and not of Merchant Funding. Neither Merchant Funding nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 5 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)

In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with Merchant Funding. Merchant Funding neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Merchant Funding by anyone other than authorized Merchant Funding employee spokespersons while acting in official capacities. Under no circumstances will Merchant Funding be liable for any loss or damage caused by an end user's reliance on information obtained through Merchant Funding. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through Merchant Funding.

The Site contains links to third party Web sites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Merchant Funding of the contents on such third-party sites and Merchant Funding hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party Web sites. If End User decides to access linked third-party Web sites, End User does so at its own risk. Unless you have executed a written agreement with Merchant Funding expressly permitting you to do so, you may not provide a hyperlink to the Site from any other website. Merchant Funding reserves the right to revoke its consent to any link at any time at its sole discretion.

15. Miscellaneous.

This Agreement and any operating rules for Merchant Funding established by Merchant Funding constitute the entire Agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.

Merchant Funding’s headquarters are in Houston, Texas. Legal issues arising out of, but not exclusive to the use of, this Site (unless otherwise specifically stated) are governed by and in accordance with the laws of the State of Texas (exclusive of its rules regarding conflicts of laws). By using this Site, End User agrees that any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, or the Site, shall be finally settled by arbitration in Houston, Texas, under the rules of arbitration of the American Arbitration Association.