Eligibility RequirementsBy using the Website or Service, you represent and warrant that you are at least 18 years old, a resident of the United States, and are otherwise legally qualified to enter into and form contracts under applicable law. This Agreement is void where prohibited.
Our License To YouWe grant you a limited, non-exclusive, revocable, non-transferable license to make personal, non-commercial use of the Website and Services. Upon termination of this Agreement, this license will automatically terminate.
a. We are not a lender and do not make loans or credit decisions in connection with loans. Instead, we are a Merchant Cash Advance provider (the “Service”). We may refer a Business directly to a lender or Merchant Cash Advance provider, or we may refer a Business to a third-party partner who then may refer the Business to a lender or Merchant Cash Advance provider. We may share Business application information with more than one provider and/or third-party partner. Businesses who are not matched with a provider may be directed to a third-party website, which advertises third-party products and services (for additional information, see the section concerning Third-Party Websites, below).
b. We do not guarantee that we will match you with a lender or Merchant Cash Advance provider, or that your Application will be approved by a lender or Merchant Cash Advance provider. Likewise, we do not guarantee the amount of funds that may be extended to you if a lender or Merchant Cash Advance provider approves your application.
c. We do not charge you fees for the Service. Instead, we receive fees from lenders and third-party partners for our referral services.
d. We are not a party to any contract made between you and lenders or Merchant Cash Advance providers for loans or advances. All rights and obligations under the terms of the contract for a loan or advance are solely between you and the lender or provider. We do not warrant, endorse, guarantee or assume responsibility for any lender or provider, or any product or service offered by a lender or provider. You should use your own judgment in deciding which available product, terms or lender best suits your needs and financial means.
e. In order to use the Service, you must complete and submit an application (the “Application”). A completed Application includes your personal information, such as full name, address, telephone number, email address, social security number, driver’s license number, employer information and banking information. By using the Service, you authorize us to transmit your Application to one or more lenders and/or third-party partners. In addition, you authorize our lenders and/or third-party partners to verify your Application information, including by performing a credit check. Lenders and/or third-party partners to whom we have provided your Application information as part of the Service may store your Application information indefinitely, whether or not you are qualified for a loan or Merchant Cash Advance. We do not have control over your Application information stored by our lenders and/or third-party partners, and therefore we assume no liability or responsibility for any unauthorized access to, or use of, your Application information stored by our lenders and third-party partners.
Your InformationYou represent and warrant that all information that you provide on an Application or otherwise in connection with your use of the Website and Services will be current, complete and truthful.
Consent to Receive Email Communications
a. By using the Service, you consent to receive administrative emails from us. You also consent to receive marketing emails from us and our third-party marketing partners on our behalf. You may opt-out of receiving emails marketing our products and services at any time by clicking the unsubscribe button within the email and following the opt-out instructions.
b. By using the Service, you consent to receive administrative and marketing emails from the lenders, Merchant Cash Advance providers and third-party partners to whom we have provided your information as part of the Service, whether or not you are qualified for a loan or Merchant Cash Advance. You may opt-out of receiving marketing emails from these parties by clicking the unsubscribe button and following the opt-out instructions contained in their respective emails.
Third-Party WebsitesThe Website links to, and may direct you to, third-party websites (“Third-Party Websites”). We do not have control over the content and performance of Third-Party Websites. We do not warrant, endorse, guarantee or assume responsibility for any Third-Party Website, or any product or service advertised or offered on or through any Third-Party Website. You should use your judgment and exercise caution when visiting Third-Party Websites.
Prohibited UsesWe impose certain restrictions on your use of the Website and the Services. You shall not:
a. complete and submit an Application through automated, deceptive, fraudulent or other invalid means, including but not limited to, through manual applications, the use of robots or other automated tools, or software;
b. except as permitted by agreement, license or law, reproduce, directly or indirectly, any portion of the Website (e.g. images, photographs, text, graphics and code), or the selection, arrangement and organization thereof;
c. except as permitted by agreement, license or law, display the Website in any form, which now exists or will exist in the future, for any purpose;
d. provide false, misleading or inaccurate information on an Application or otherwise in connection with your use of the Website and Services;
e. impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity;
f. access content or data not intended for you, or log onto a server or account that you are not authorized to access;
g. attempt to probe, scan, or test the vulnerability of the Service, the Website, or any associated system or network, or breach security or authentication measures without proper authorization;
h. interfere or attempt to interfere with the use of the Website or Service by any other user, host or network; or
i. modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Website or Service.Any violation of this section may subject you to civil and/or criminal liability.
Intellectual PropertyThe Website, all content and materials located on the Website, and the selection, arrangement and organization thereof, are the intellectual property of Knight Capital Funding, LLC or its licensors. Neither your use of the Website and Service, nor your entry into this Agreement, grant you any right, title or interest in or to any such content or materials. Knight Capital Funding, knightcapitalfunding.com and the “Knight Capital Funding” logo are trademarks or registered trademarks of Knight Capital Funding, LLC or its licensors. The Website is Copyright © 2015 to the present. ALL RIGHTS ARE RESERVED.
Disclaimers; Limitation of Liability
a. NO WARRANTIES
The Website and Service are provided on an “as is” and “as available” basis. Use of the Website and Service are at your own risk. To the maximum extent permitted by applicable law, the Website and Service are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from us or through the Website or Service will create any warranty not expressly stated herein. Without limiting the foregoing, we and our licensors (and our respective subsidiaries, affiliates, agents, directors, and employees) do not warrant that the Website and Service are accurate, reliable or correct; that the Website and Service will meet your requirements; that the Website and Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Website and Service are free of viruses or other harmful components.
b. Limitation of Liability
i. To the maximum extent permitted by applicable law, in no event will we and our licensors (and our respective subsidiaries, affiliates, agents, directors, and employees) be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, inability to use, or unavailability of the Website or Service.
ii. In no event will we and our licensors (and our respective subsidiaries, affiliates, agents, directors, and employees) be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding $15,000.
iii. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage.
a. This Agreement will be governed and construed in accordance with the laws of Florida, excluding Florida’s choice-of-law principles, and all claims relating to or arising out of this Agreement, or the breach thereof, whether sounding in contract, tort or otherwise, will be governed by the laws of Florida, excluding Florida’s choice-of-law principles.
b. Any dispute, claim or controversy between you and Knight Capital Funding arising out of or relating in any way to the Website, Services or this Agreement will be resolved by binding arbitration, rather than in court, except that either of us may assert qualifying claims in small claims court. This agreement to arbitrate will be governed by and interpreted under the Federal Arbitration Act and federal arbitration law.
c. Arbitration is an alternative dispute resolution process in which a neutral third person (an arbitrator) decides a dispute. There is no judge or jury in arbitration, and arbitration awards are final and binding and subject to review by a court only on a very limited basis. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow this Agreement as a court would. Any court with jurisdiction over the parties may enforce the arbitrator’s award. You may, but are not required to, have a lawyer represent you during an arbitration proceeding.
d. To begin an arbitration proceeding, either party must send a letter to the other party requesting arbitration and describing the claim. We will send you notice of arbitration to the address that you provide as part of an Application. You must send us notice of arbitration to General Counsel, Knight Capital Funding, LLC, 9 East Loockerman Street, STE: 3A-543 Dover, DE 19901.
e. The American Arbitration Association (AAA) will conduct the arbitration under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. The AAA’s rules will govern the payment of all filing, administration and arbitrator fees. We will reimburse those fees for claims totaling less than $10,000, unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in either the county where you live or Miami-Dade County, Florida.
f. Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
g. To the extent permitted by law, any claim or dispute between you and us arising out of or relating to the Website, Service or this Agreement must be filed within one year. The one-year period begins on the date that the claim or dispute first could be filed. Any claim or dispute not filed within that time is permanently barred. This section applies to each of our respective successors and assigns.
h. Any claims seeking to enforce, protect or determine the validity or ownership of any intellectual property rights are not subject to mandatory arbitration. Instead, these claims, including claims for injunctive or equitable relief, will be exclusively decided by courts of competent jurisdiction in Miami-Dade County, Florida.
Questions or CommentsWe are always excited to hear from our customers. We know the only way we can serve you better is by listening to what you have to say. Please let us know what is on your mind. Do you have a question or comment about the Service, Website or our company? Please send them to firstname.lastname@example.org
a. This Agreement constitutes the entire agreement of the parties relating to the subject matter of this Agreement and supersedes all other oral or written agreements or policies relating thereto.
b. If any provision of this Agreement is unenforceable to any extent, the remainder of this Agreement, or application of that provision to any persons or circumstances other than those as to which it is held unenforceable, will not be affected by that unenforceability and will be enforceable to the fullest extent permitted by law.
c. No waiver of satisfaction of a condition or nonperformance of an obligation under this Agreement will be effective unless it is in writing and signed by the party granting the waiver, and no such waiver will constitute a waiver of satisfaction of any other condition or nonperformance of any other obligation.
d. This Agreement is freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.Last Updated 11/3/2015