This website (including all sub-sites) is operated by Secure Funding Source, LLC, or a subsidiary or affiliate thereof (collectively, “Secure Funding Source,” “we,” or “us”). By accessing a Secure Funding Source website, mobile application, interface, or platform (collectively, “Site” or “Sites”) that links to this Terms of Use Agreement (the “Terms of Use” or “Agreement”), you agree to abide by this Agreement and by our Privacy Policy (which is hereby incorporated by reference), regardless of the device used (e.g., personal computer, mobile device, or any other technology or software) for access. These Terms of Use govern your access to, and use of, the Sites and any of the tools, features, functionality, services, or products offered on or through the Sites, including your access to information and data; your use of any web portal, customer account, sales partner account, syndicate investor account, or online services; your submission of application and/or provision of information for qualification for financing or other purposes; your subscription to blogs, newsletters, and alike; and your participation in any public areas on the Sites (collectively, the ”Services”).

In addition to these Terms of Use and the Privacy Policy, certain of our services offered through the Sites, such as your ability to submit requests for commercial revenue-based financing and related services, will be subject to, and governed by, separate terms and conditions or contracts that will be provided to you, and that you must agree to, in connection with those requests or transactions. To the extent there is a conflict between these Terms of Use and a transaction-specific agreement, the transaction-specific agreement will govern.

PLEASE READ THESE TERMS OF USE CAREFULLY TO UNDERSTAND EACH PROVISION. THIS CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND SECURE FUNDING SOURCE FOR THE USE OF THE SERVICES AND THE TERMS OF USE SHALL APPLY TO ALL USERS OF THE SITES. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITES, SERVICES, AND/OR CONTENT.

We may update these Terms of Use from time to time by making available a revised, dated version on the Sites. If the revised version includes a substantial change, we will provide a more prominent notice (including, for certain services, an email or other type of notification of Terms of Use changes) prior to the change becoming effective. Your continued use of the Sites shall constitute your acceptance of such updated Terms of Use. We encourage you to periodically review this page for the latest information.

1. USE OF SITES

You may view and use the Sites and/or any of the information or Services only in accordance with these Terms of Use. You agree to use the Sites and/or Services only for lawful purposes, and you acknowledge that your failure to do so may subject you to civil and criminal liability as determined by applicable law. The Sites are for individual business owners and legal entities organized and authorized to do business in the United States and are not intended for use by others or for use outside of the United States. To access certain features of the Site, you may need to register for an account and to provide us certain documentation or information, including information about your identity, finances, and business performance. By creating or accessing a user account, submitting a request for revenue-based financing, and/or otherwise using the Sites, you represent and warrant that: (i) you are 18 years old or older and are fully able to enter into a binding agreement; (ii) all information and/or documentation you submit is true, accurate, current, and complete; (iii) you will update such information, as necessary, to keep it true, accurate, current, and complete; and (iv) the information belongs to you and does not infringe or violate any patents, copyrights, trademarks, or other intellectual property, proprietary, or privacy rights of any third party.

Secure Funding Source reserves the right, at its sole discretion, to restrict, in whole or in part, your access to, and use of, the Sites, Services, and Site content at any time, with or without notice, and for any or no reason.

2. PROHIBITIONS ON USE

You agree that you will not violate any law, contract, intellectual property, or other third-party right, and that you are solely responsible for your conduct, while accessing or using the Sites or using the Services. As noted above, the Sites and Services may only be used for lawful purposes and in accordance with this Agreement. Additionally, you specifically agree that you will not:

• Provide false or misleading information to Secure Funding Source, impersonate any person or entity, or misrepresent your affiliation with a person or entity;

• Use the Site in any manner that violates any federal, state, international, or local law or regulation, or engage in, facilitate, encourage, or promote any activity that violates the Terms of Use;

• Use the Site in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Site, or that could damage, disable, overburden, or impair the functioning of the Site in any manner;

• Reverse engineer any aspect of the Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Site;

• Use the Site in any manner that could threaten, bypass, or destroy any security mechanism used with or incorporated in the Site;

• Post or otherwise transmit any content, data, or material that contains viruses, spyware, spiders, robots, worms, Trojan horses, logic bombs, or any other type of malicious or deleterious programs;

• Use or attempt to use another user’s account without authorization from such user and Secure Funding Source;

• Post or otherwise transmit inaccurate, misleading, deceptive, offensive, lewd, hateful, defamatory, libelous, abusive, illegal, discriminatory, or otherwise inappropriate or objectionable content;

• Post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other material that contains business solicitations of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service; and

• Post or otherwise transmit any content, data, or material that infringes on the intellectual property rights or other personal rights (including privacy) of any third parties.

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3. ACCOUNT SECURITY

Each user is responsible for any misuse of their account, even if the inappropriate activity was committed by someone other than the account holder (e.g., a family member, friend, or employee). Users must take all reasonable steps to protect their accounts from unauthorized access. Additionally, users must ensure the security of their passwords, including avoiding sharing them with others, creating strong passwords, and updating them regularly. Secure Funding Source reserves the right to terminate your access to the Sites or cancel your username and password at any time, without notice, and for any reason including, but not limited to, violations of these Terms of Use.

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4. OWNERSHIP, COPYRIGHTS, TRADEMARKS, LICENSES

Except for User Content (as defined below), any and all information, materials, images, software, photographs, articles, functions, text, and other content solely provided by or on behalf of Secure Funding Source on any Site (collectively, “Site Content”) is the sole and exclusive property of Secure Funding Source or our licensors, as applicable. The Sites, Site Content, and the selection and arrangement thereof are protected by copyright, trademark, service mark, trade name, and other intellectual property and proprietary rights, and all other applicable rights are reserved. Users shall abide by these laws. Secure Funding Source reserves all rights not expressly granted in and to the Sites, Services, and Site Content.

Unless otherwise noted, the Secure Funding Source trademark, the Secure Funding Source name, and all other Secure Funding Source service marks, trade names, logos, or other designations of source displayed on the Sites are the property of Secure Funding Source and may not be copied, imitated, or used, in whole or in part, without prior written permission. All third-party trademarks, service marks, trade names, logos, or other designations of source are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the lawful trademark holder.

By furnishing Site Content, Secure Funding Source does not grant any licenses to, or transfer any title rights for, any copyrights, patents, or other intellectual property rights. Nothing on any Site shall be construed as granting any license or right not expressly set forth herein. Unless otherwise expressly stated, no part of the Site, including any Site Content, may be reproduced, modified, electronically transmitted, or otherwise copied or exploited for any purpose without the express written permission of the intellectual property owner.

5. USER CONTENT

All information or other content conveyed or communicated by you to Secure Funding Source as a contribution to any of the Sites (each, a “Submission”) shall comply with these Terms of Use and, upon receipt, will become the property of Secure Funding Source. Secure Funding Source 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.

Secure Funding Source may permit the posting of text, files, images, photos, videos, sounds, musical works, works of authorship, and other materials and content by you and other users (“User Content”) on certain areas of our Sites. 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 Secure Funding Source at its sole discretion.

By submitting or posting User Content, you grant Secure Funding Source a non-exclusive, irrevocable, perpetual, royalty-free, sublicensable, 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 media) the User Content to the maximum extent permitted by applicable law.

6. THIRD-PARTY CONTENT

Secure Funding Source may link to other websites that we believe may be useful to you, provide information about third-party products, services, or events, or allow third parties to make their content and information available on or through our Sites (collectively, “Third-Party Content”). Secure Funding Source does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content. Your access to and use of such Third-Party Content is at your own risk, and Secure Funding Source assumes no liability for such use.

7. TELEPHONE COMMUNICATIONS

By your use of the Sites, such as, without limitation, through a submission of a request for commercial revenue-based 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 providers, and marketplace participants, at any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers).

If you do not agree to receive such calls, you may email us at updates@securefundingsource.com. Please specify whether you would like to stop receiving SMS messages, telephone calls, or both, and the phone number(s) for which you are making the request.

8. DISCLAIMERS

The Sites (including Site Content, User Content, Services, and websites linked to the Site) are made available “AS IS,” “AT YOUR OWN RISK,” and “AS AVAILABLE,” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, accuracy, non-infringement, or enjoyment.

Secure Funding Source does not warrant that the Sites will meet the user’s requirements or that the Sites are free of viruses, worms, bugs, or other malicious technology.

9. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Secure Funding Source (including its subsidiaries and affiliates) shall not be liable to you or any other person for any damages whatsoever (including any direct, special, exemplary, indirect, incidental, consequential, or punitive damages, costs, or attorney’s fees) arising out of or relating to these Terms of Use, access to, use of, or the operation of any Site, any Site Content, or User Content, whether based on warranty, contract, tort, or any other legal theory.

10. INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Secure Funding Source (including any of its subsidiaries, affiliates, licensors, and their respective officers, directors, employees, agents, and representatives) from and against all claims, actions, liabilities, losses, demands, damages, expenses, and costs (including attorney’s fees) arising out of or relating to your access to or use of the Sites or Services.

11. ARBITRATION; JURY TRIAL WAIVER; CLASS ACTION WAIVER

By using the Sites, you agree that any disputes shall be resolved exclusively through binding arbitration, with no jury trial and no class actions permitted.

12. WAIVER OF JURY TRIAL

You agree to waive your right to a jury trial in any dispute with Secure Funding Source.

13. NO CLASS ACTIONS

All disputes with Secure Funding Source shall be resolved on an individual basis. Class actions or representative claims are not permitted.

14. GOVERNING LAW, VENUE, AND JURISDICTION

The use of the Sites shall be governed by and construed in accordance with the laws of the State of New Jersey. Any legal action arising under these Terms of Use shall be brought exclusively in New Jersey courts.

15. MISCELLANEOUS

• Entire Agreement: These Terms of Use constitute the entire agreement between you and Secure Funding Source.

• Severability: If any part of these Terms is found to be invalid, the remaining provisions shall remain in full force.

• Assignment: Secure Funding Source may assign its rights under these Terms; users may not assign their rights.

• Waiver: Failure to enforce any part of these Terms does not constitute a waiver of our rights.

16. PRIVACY POLICY

Please review our Privacy Policy for information on how we collect and use your data. Your use of the Sites constitutes your agreement to the Privacy Policy.

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17. SMS Terms & Conditions

 

SMS Consent Communication:

The information (Phone Numbers) obtained as part of the SMS consent process will not be shared with third parties for marketing purposes.

Types of SMS Communications:

​If you have consented to receive text messages from Secure Funding Source, you may receive messages related to the following

• Appointment reminders

• Follow-up messages

• Billing inquiries

• Promotions or offers (if applicable)

Example: "Hello, this is a friendly reminder of your upcoming payment with Secure Funding Source on [Date] at [Time]. Reply STOP to opt out of SMS messaging at any time."

Message Frequency:
Message frequency may vary depending on the type of communication. For example, you may receive up to 2 SMS messages per week related to your account.

Example:
"Message frequency may vary. You may receive up to 2 SMS messages per week regarding your payment or account status."

Potential Fees for SMS Messaging:

Please note that standard message and data rates may apply, depending on your carrier’s pricing plan. These fees may vary if the message is sent domestically or internationally.

Opt-In Method:

You may opt-in to receive SMS messages from [Company Name] in the following ways:

• Verbally, during a conversation

• By submitting an online form

• By filling out a paper form

Opt-Out Method:

You can opt out of receiving SMS messages at any time. To do so, simply reply "STOP" to any SMS message you receive. Alternatively, you can contact us directly to request removal from our messaging list.

Standard Messaging Disclosures:

• Message and data rates may apply.

• You can opt out at any time by texting "STOP."

• For assistance, text "HELP" or visit our [Privacy Policy] and [Terms and Conditions] pages.

• Message frequency may vary

18. CONTACT INFORMATION

If you have any questions about these Terms of Use, please contact us at:Email: updates@securefundingsource.com