Terms of Service

Effective Date: January 1, 2024
Last Updated: January 1, 2024

These Terms of Service ("Terms") govern your access to and use of the website located at fundedcontractorcapital.com (the "Site") operated by Funded Contractor Capital ("Company," "we," "us," or "our"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, do not use the Site.

1. Nature of Our Services

Funded Contractor Capital helps contractors and other businesses get funding. Funding may be provided by Merchant Fund Express or its funding partners. Approval, amounts, rates and terms depend on the qualifications of each business and the product offered.

Submission of an application through our Site does not constitute a commitment to lend, an offer of credit, or a guarantee of approval. All funding is subject to underwriting review.

2. Eligibility

By using this Site and submitting an application, you represent and warrant that:

• You are at least 18 years of age
• You are a duly authorized representative of a legitimate business entity
• The business for which you are seeking funding is located in the United States and operates lawfully
• All information you provide in your application is true, accurate, and complete to the best of your knowledge

3. Application and Information Accuracy

You agree to provide accurate, current, and complete information in your application and to promptly update any information that becomes inaccurate. Providing false, misleading, or fraudulent information in connection with a financing application is a serious matter and may constitute fraud under applicable federal and state law.

4. No Guarantee of Funding

Using this Site and submitting an application does not guarantee that you will receive financing. Approval is subject to underwriting, credit review, verification of business information, and other conditions. We make no representation that any particular funding provider will approve your application or that you will receive a specific funding amount, rate, or term.

5. Funding Agreements

Any funding agreement is between you and the funding provider named in that agreement. Review its terms carefully before signing.

Funding partner. Applications submitted through Funded Contractor Capital are reviewed by our funding partner, Merchant Fund Express, which presents the funding options available to your business. When you submit an application, you agree that Merchant Fund Express may reach out by phone, email or text message about your request. All funding is subject to review and approval.

6. Intellectual Property

All content on this Site, including text, graphics, logos, and software, is the property of Funded Contractor Capital or its licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content on this Site without our prior written consent.

7. Disclaimer of Warranties

THE SITE AND ALL CONTENT AND SERVICES PROVIDED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FUNDED CONTRACTOR CAPITAL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR ANY FINANCING OBTAINED THROUGH OUR PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM SHALL NOT EXCEED $100.

9. Indemnification

You agree to indemnify, defend, and hold harmless Funded Contractor Capital and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your use of the Site, your application, your violation of these Terms, or your violation of any applicable law.

10. Dispute Resolution

Any dispute arising out of or related to these Terms or your use of the Site shall be resolved by binding arbitration conducted by a mutually agreed-upon arbitrator in accordance with the American Arbitration Association Commercial Arbitration Rules. You waive any right to participate in a class action lawsuit or class-wide arbitration.

11. Electronic Communications

By submitting an application or creating an account on our Site, you consent to receive electronic communications from us and from our funding partners regarding your application, including communications by email, SMS, and telephone. You may opt out of marketing communications at any time.

12. Modifications

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Site. Your continued use of the Site after changes are posted constitutes your acceptance of the modified Terms.

13. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

14. Contact

For questions about these Terms, contact us at:

Funded Contractor Capital
Website: fundedcontractorcapital.com
Mailing address available upon request.