Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Sourcemerchantfunding ("Company," "we," "us," or "our") governing your access to and use of the Sourcemerchantfunding website, applications, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

Eligibility

To use our Services and apply for financing, you must:

• Be at least 18 years of age
• Be a legal resident of the United States
• Have the legal authority to enter into binding contracts
• Own or have authority to act on behalf of the business seeking financing
• Have a valid business checking account
• Operate a business that has been in operation for at least 12 months

Account Registration

When you create an account or submit an application, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account.

Financing Products and Services

Application Process

Submitting an application does not guarantee approval for financing. All applications are subject to our underwriting criteria, verification of information provided, and credit evaluation. We reserve the right to decline any application at our sole discretion.

Financing Terms

If approved, the specific terms of your financing (including loan amount, interest rate, fees, and repayment terms) will be set forth in a separate financing agreement. These Terms of Service are in addition to, and do not supersede, any financing agreement you may enter into with us.

Representations and Warranties

By applying for financing, you represent and warrant that:

• All information provided in your application is true, accurate, and complete
• You have the authority to submit the application and bind the business
• Funds will be used for legitimate business purposes only
• Your business is not engaged in any illegal activities
• You are not subject to bankruptcy proceedings

Fees and Payments

You agree to pay all applicable fees, charges, and interest as specified in your financing agreement. Payments must be made according to the schedule set forth in your agreement. Late payments may result in additional fees, increased interest rates, and reporting to credit bureaus. We reserve the right to pursue all available legal remedies for non-payment.

Authorized Use of Services

You agree not to:

• Use the Services for any unlawful purpose or in violation of these Terms
• Submit false, misleading, or fraudulent information
• Interfere with or disrupt the Services or servers
• Attempt to gain unauthorized access to any part of the Services
• Use automated systems to access the Services without permission
• Reverse engineer or attempt to extract source code from the Services
• Use the Services to transmit malware or other harmful code

Intellectual Property

All content, features, and functionality of the Services, including but not limited to text, graphics, logos, icons, images, and software, are the exclusive property of Sourcemerchantfunding or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content without our express written permission.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Sourcemerchantfunding AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY.

Indemnification

You agree to indemnify, defend, and hold harmless Sourcemerchantfunding and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your violation of any rights of a third party.

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction.

Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website with a new "Last Updated" date. Your continued use of the Services after any changes constitutes acceptance of the modified Terms.

Termination

We may suspend or terminate your access to the Services at any time, with or without cause, with or without notice. Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

Contact Information

For questions about these Terms of Service, please contact us: