1. Acceptance of Terms
By accessing or using the Merchant Pro Funding website and services ("Services"), you agree to be bound by these Terms & Conditions ("Terms"). If you do not agree to these Terms, do not use our Services.
2. Eligibility
To use our Services, you must:
- Be at least 18 years of age
- Have the legal authority to represent the business entity applying for funding
- Operate a legitimate business registered in the United States
- Provide accurate, complete, and current information during the application process
3. Services Provided
Merchant Pro Funding provides business funding solutions, including but not limited to:
- Revenue-based financing
- Working capital acceleration
- Equipment financing
- E-commerce growth capital
- Expansion financing
- Short-term bridge funding
All funding is subject to underwriting approval and execution of a formal funding agreement. Submission of an application does not guarantee approval or funding.
4. Application Process
When you submit a funding application, you authorize us to:
- Verify your identity and business information
- Obtain credit reports and financial data from third-party sources
- Contact your bank, vendors, or business references
- Share your information with funding partners or underwriters
You represent and warrant that all information provided in your application is true, accurate, and complete.
5. SMS Terms & Conditions
If you opt in to receive SMS text messages from Merchant Pro Funding, the following terms apply:
5.1 Consent to SMS Communications
By providing your mobile phone number and checking the SMS consent box, you expressly consent to receive text messages from Merchant Pro Funding via an automatic telephone dialing system (ATDS). These messages may include account alerts, funding updates, payment reminders, and promotional offers.
5.2 Message Frequency and Costs
Message frequency may vary depending on your account activity and funding status. Message and data rates may apply based on your mobile carrier's plan. You are responsible for all charges imposed by your carrier.
5.3 Opt-Out and Help
You may opt out of SMS communications at any time by replying STOP to any text message from Merchant Pro Funding. After opting out, you will receive one final confirmation message. To receive help or customer support, reply HELP to any text message, or contact us at marc@merchant-pro-funding.com.
5.4 No Condition of Purchase
Consent to receive SMS messages is NOT a condition of purchasing any goods or services from Merchant Pro Funding. You may decline SMS communications and still access our funding services.
5.5 Carrier Disclaimer
Merchant Pro Funding is not liable for delayed or undelivered messages. Wireless carriers are not liable for delayed or undelivered messages.
6. Funding Terms
If your application is approved, specific funding terms will be provided in a separate funding agreement, which may include:
- Funding amount and disbursement schedule
- Repayment terms, including interest rates or factor rates
- Payment frequency and method
- Fees, including origination fees, processing fees, or prepayment penalties
- Default provisions and remedies
You must carefully review and sign the funding agreement before funds are disbursed. These Terms do not constitute a funding agreement or commitment to lend.
7. Fees and Charges
Merchant Pro Funding may charge fees in connection with its Services, including application fees, origination fees, late payment fees, or returned payment fees. All fees will be clearly disclosed in your funding agreement prior to acceptance.
8. Intellectual Property
All content on the Merchant Pro Funding website, including text, graphics, logos, images, and software, is the property of Merchant Pro Funding or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works without our prior written consent.
9. Prohibited Uses
You agree not to:
- Use our Services for any unlawful or fraudulent purpose
- Provide false or misleading information
- Attempt to gain unauthorized access to our systems or networks
- Interfere with or disrupt the operation of our website or Services
- Use automated systems (bots, scripts) to access our website without permission
10. Limitation of Liability
To the fullest extent permitted by law, Merchant Pro Funding shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our Services, even if we have been advised of the possibility of such damages.
Our total liability to you for any claims arising from your use of our Services shall not exceed the amount of fees you paid to us in the 12 months preceding the claim.
11. Indemnification
You agree to indemnify, defend, and hold harmless Merchant Pro Funding, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable attorney fees) arising out of or related to your breach of these Terms or your use of our Services.
12. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of New York, without regard to its conflict of laws principles. Any disputes arising from these Terms or your use of our Services shall be resolved through binding arbitration in Brooklyn, New York, in accordance with the rules of the American Arbitration Association.
13. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our Services after any changes constitutes acceptance of the updated Terms.
14. Termination
We may suspend or terminate your access to our Services at any time, with or without cause or notice, if we believe you have violated these Terms or engaged in fraudulent or illegal activity.
15. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
16. Entire Agreement
These Terms, together with our Privacy Policy and any funding agreement you execute, constitute the entire agreement between you and Merchant Pro Funding regarding your use of our Services.
17. Contact Information
If you have questions or concerns about these Terms, please contact us:
Merchant Pro Funding
314 19th St Suite B
Brooklyn, NY 11215
Email: marc@merchant-pro-funding.com