Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the website at merchantfundexpress.com (the “Site”) and the services provided by Merchant Fund Express (“we,” “us,” or “our”). Please read these Terms carefully before using our Site or services.

By accessing our Site or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Site or services.

1. About Our Services

Merchant Fund Express is a business funding marketplace and broker. We are not a direct lender. We connect businesses seeking capital with a network of third-party lending partners. Our role is to facilitate introductions between businesses and lenders, help match businesses with appropriate funding products, and streamline the application process.

We do not make lending decisions, set interest rates or terms, fund loans or advances directly, or guarantee approval of any funding application. All funding decisions, terms, rates, and conditions are determined solely by the lending partners in our network.

2. Eligibility

To use our services, you must:

• Be at least 18 years of age
• Be authorized to act on behalf of the business seeking funding
• Have a legitimate business operating in the United States
• Provide accurate and truthful information in all applications and communications

3. User Responsibilities

When using our Site and services, you agree to:

• Provide accurate, current, and complete information in all applications and forms
• Update your information promptly if it changes
• Not misrepresent your identity, business, financial condition, or any other material fact
• Not use our Site or services for any unlawful purpose
• Not attempt to gain unauthorized access to our systems or networks
• Not interfere with or disrupt the operation of our Site
• Not use automated systems, bots, or scripts to access our Site without our written permission
• Not copy, reproduce, distribute, or create derivative works from our content without authorization
• Comply with all applicable federal, state, and local laws and regulations

4. Application Process

When you submit a funding application through our Site:

• You authorize us to share your application information with our network of lending partners for the purpose of evaluating your funding request
• You authorize our lending partners to obtain credit reports, verify bank statements, and conduct other due diligence as necessary
• You understand that submitting an application does not guarantee approval or funding
• You understand that initial pre-qualification may use a soft credit inquiry, but a hard inquiry may be required if you accept an offer and proceed with a specific lender
• You acknowledge that the terms, rates, and conditions of any funding product are set by the lending partner, not by Merchant Fund Express

5. No Guarantee of Funding

We do not guarantee that you will be approved for funding, receive any specific funding amount, receive any specific interest rate or terms, be matched with any particular lending partner, or receive funding within any specific timeframe.

Funding decisions are made solely by our lending partners based on their own underwriting criteria. We make no representations or warranties about the likelihood of approval or the terms of any funding offer.

6. Third-Party Lending Partners

Our lending partners are independent third-party companies. We do not control their products, services, terms, or business practices. When you accept an offer from a lending partner, you will enter into a separate agreement with that lender. It is your responsibility to carefully review and understand the terms of any funding agreement before signing.

We are not responsible for any disputes between you and a lending partner. Any issues related to the funding itself, including repayment, fees, or account management, should be directed to the lending partner.

7. Intellectual Property

All content on our Site, including text, graphics, logos, images, software, and other materials, is the property of Merchant Fund Express or our licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any content from our Site without our prior written consent.

8. Disclaimer of Warranties

OUR SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that our Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant that the information provided on our Site is accurate, complete, or current. We do not warrant the results of using our services.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MERCHANT FUND EXPRESS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE OUR SITE OR SERVICES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100).

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Indemnification

You agree to indemnify, defend, and hold harmless Merchant Fund Express, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising out of or related to your use of our Site or services, your violation of these Terms, your violation of any law or regulation, your violation of any third-party rights, or any information you provide through our Site.

11. Privacy

Your use of our Site and services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your information.

12. Links to Third-Party Sites

Our Site may contain links to third-party websites or services that are not owned or controlled by Merchant Fund Express. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We encourage you to review the terms and privacy policies of any third-party sites you visit.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make changes, we will update the “Last Updated” date at the top of this page. Your continued use of our Site or services after any changes constitutes your acceptance of the modified Terms. We encourage you to review these Terms periodically.

14. Termination

We reserve the right to terminate or suspend your access to our Site and services at any time, without notice, for any reason, including but not limited to violation of these Terms. Upon termination, your right to use our Site ceases immediately.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any disputes arising out of or related to these Terms or our services shall be resolved through binding arbitration in Miami-Dade County, Florida, in accordance with the rules of the American Arbitration Association.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Merchant Fund Express regarding your use of our Site and services, and supersede all prior agreements, representations, and understandings.

18. Contact Information

If you have questions about these Terms of Service, please contact us:

• Email: info@merchantfundexpress.com
• Phone: (305) 384-8391
• Mail: Merchant Fund Express, Miami, FL