Terms of Use

These Terms of Use (“Terms”) govern your access to and use of the website and online application at fundingpath.net (“FundingPath,” “we,” “us,” or “our”). By accessing this site or submitting a funding request, you agree to these Terms. If you do not agree, please do not use the site or apply.

1. Who we are and what we offer

FundingPath offers revenue-based financing in the form of a merchant cash advance (“MCA”). A merchant cash advance is a purchase of a portion of your business’s future receivables in exchange for funds provided up front. It is not a loan, and the amounts you pay are not interest; pricing is expressed as a fixed cost rather than an annual percentage rate. Depending on your situation and eligibility, we may provide funding and/or help connect you with one or more third-party funding sources. Where a third party provides the funding, that funder’s own agreement governs that transaction. When acting as a connection provider or marketplace, FundingPath is not a party to the final revenue purchase agreement executed between you and the third-party purchaser, and we expressly disclaim any liability arising from those third-party agreements. We do not guarantee that the final agreement is the best available or has the best terms or rates.

2. Eligibility — business use only

FundingPath’s products are offered only to self-employed individuals who operate a business and to small businesses, and only for commercial purposes. They are not a consumer product, are not offered to individuals in a personal capacity, and are not intended for personal, family, or household use.

To use our application, you must be a United States citizen or legal permanent resident, at least 18 years old, and authorized to act on behalf of the business you are applying for. We generally look for a business that has been operating for a short period with consistent activity and steady average monthly business revenue. Meeting these criteria does not guarantee that you will receive an offer.

By applying, you certify that you are applying on behalf of a validly formed business, or as a self-employed operator of a business, and not as a consumer; that you are not seeking funds for personal, family, or household purposes; and that the requested funds will be used solely for commercial, business, or agricultural purposes. Applications submitted for personal or consumer purposes are not eligible and will be declined.

3. Applications, offers, and no guarantee of funding

Submitting an application or information through our site is a request to be considered; it is not an agreement, an offer of funding, or a guarantee that funding will be provided. We (or a funding source) review each request individually, and any offer is subject to review and verification. We do not charge a fee to submit an application, and we will never ask you to pay a fee in advance in exchange for a promise of funding.

4. No credit-score impact to check

Reviewing your funding options uses a soft inquiry and does not affect your credit score. Verification steps performed after you accept an offer may involve additional review of your business.

5. Information you provide

You agree that the information you give us is true, accurate, and complete, and that you will keep it current. Providing false information may result in denial and may be unlawful. You authorize us to use the information you provide to evaluate your request, including, where applicable, by securely reviewing your business account activity through a third-party connection provider; we do not store your bank login credentials. By submitting your information, you allow us, third-party purchasers, and marketing partners to contact you about related funding products and services, as further described at sign-up, in our Email Communications Terms, and in our Privacy Policy.

6. Remittance of purchased receipts

If you accept a funding offer, the delivery of your purchased future sales receipts is typically executed through scheduled electronic debits from your business operating account. Because this is a purchase of future receivables and not a loan, remittances fluctuate based on your actual business revenue. You will authorize these electronic transfers separately as part of your revenue purchase agreement, which will detail the remittance method, reconciliation rights, and how to manage authorizations in compliance with applicable commercial law.

7. Restricted jurisdictions

Our commercial funding products are not available in all jurisdictions. Specifically, FundingPath does not originate, broker, or service commercial financing transactions for businesses physically located, or principally managed, in the states of California or New York. Applications originating from these jurisdictions will be declined. Availability and terms otherwise vary by state and by location.

8. Communications and electronic records

By providing your contact information, you agree we may contact you about your request as described at sign-up and in our Email Communications Terms. You also agree to receive records and disclosures electronically as described in our E-Sign Consent. Your information is handled according to our Privacy Policy.

9. Acceptable use of the site

You agree to use fundingpath.net only for lawful purposes and not to interfere with its operation, attempt to gain unauthorized access, submit another person’s information without authority, or use the site to deceive. We may suspend or limit access if we reasonably believe the site is being misused.

10. Intellectual property

The site, its content, and the FundingPath name and logo are owned by us or our licensors and are protected by law. You may use the site for the legitimate purpose of evaluating and requesting our services, but you may not copy, reproduce, or redistribute its content without our permission.

11. Disclaimers

The site and its content are provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim warranties of any kind regarding the site, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the site will be uninterrupted or error-free. Information on the site is general and does not constitute financial, legal, or tax advice.

12. Limitation of liability

To the fullest extent permitted by law, FundingPath will not be liable for indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the site. Nothing in these Terms limits any liability that cannot be limited under applicable law.

13. Governing law

These Terms are governed by the laws of the State of Nevada, without regard to its conflict-of-laws provisions. The state and federal courts located in Clark County, Nevada, have exclusive jurisdiction over any dispute not subject to arbitration below.

14. Dispute resolution and arbitration

Any dispute arising out of or relating to these Terms or your use of fundingpath.net will first be addressed in good faith for 60 days after written notice. If it is not resolved, the dispute will be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Clark County, Nevada. You and FundingPath each waive any right to bring or participate in a class action. Any claim must be filed within one (1) year after the claim arises, or it is permanently barred.

15. Indemnification

You agree to indemnify and hold harmless FundingPath, its affiliates, owners, and employees against any and all liability, expenses, losses, damages, actions, claims, and proceedings, including reasonable attorneys’ fees, arising out of or relating to your use of the site or any unauthorized or unlawful use of the site or our services.

16. Email communications

Purpose. With your consent, FundingPath sends email about your funding request, account and status updates, servicing notices, and related offers.

Frequency. Email frequency varies based on your activity and the status of your request.

Costs. Message and data rates may apply depending on your email or internet provider.

Unsubscribe and help. You can opt out at any time using the unsubscribe link in any email or by visiting our unsubscribe page. For help, email support@fundingpath.net or call +1 (702) 745-8100. These communications are email-based; FundingPath does not send marketing by SMS text message.

17. Changes to these Terms

We may update these Terms from time to time. Changes take effect when posted here, and the “last updated” date will reflect the latest revision. Your continued use of the site after a change means you accept the updated Terms.

18. Contact

FundingPath
2300 West Sahara Avenue, Suite 800, Las Vegas, NV 89102
support@fundingpath.net · +1 (702) 745-8100