Credit authorization.

You certify that:

By signing the application immediately following this notice, you understand and agree with the terms outlined in this notice and you are providing ‘written instructions’ under the Fair Credit Reporting Act to Fundonomy, its partners, its affiliates, and any prospective lending partner receiving your application (collectively, the “funding entities”), thereby authorizing the funding entities to obtain information from your personal consumer credit report, business credit profile and/or other information from credit reporting agencies and other sources (such as TransUnion, Experian, Equifax, Thompson Reuters Clear, and/or LexisNexis) under the Fair Credit Reporting Act and providing authority to the funding entities in connection with any update, renewal, or extension of credit to the business, or individual, on whose behalf you are initiating the application process.

This is a soft inquiry, which should not impact your score. A formal inquiry may be conducted if you accept a financing offer from the funding entities — rest assured, you will be notified in advance if this occurs.

Consent to referral.

You agree that Fundonomy may disclose the information and documents you provide to us, or that we obtain pursuant to the credit authorization described above, to third parties to whom we may refer you, your inquiry, or application. You hereby authorize us to submit such inquiries or application(s) to third parties on your behalf and to take such further actions as may be necessary, or convenient, in furtherance of such inquiries or application(s).

You acknowledge and agree that we may receive compensation from third parties for the referral of such inquiries or application(s), and that no fiduciary relationship shall be established between you and Fundonomy. We strongly encourage you to consider the terms and conditions of any offers for financing or services that you may receive.

E-sign consent.

You hereby consent that your electronic signature on agreements and documents has the same legal and moral effect as if you signed such agreements and documents in ink and will be deemed valid, authentic, enforceable, and binding. You understand and acknowledge that the Federal Electronic Signatures in Global and National Commerce Act defines an “electronic signature” as an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to be bound by such contract or record. Based on this definition, you further consent that your electronic actions or your participation in certain electronic processes that are logically associated with a contract or any fully disclosed terms and conditions in any other form, shall also have the same legal effect as if you signed such contract, or agreed to such terms and conditions, by providing your written signature in ink. You agree that such actions/participation will be deemed a valid and binding contract to the extent such actions/participation indicate your intent to be legally bound.

Identity verification.

When you provide us information related to an inquiry for our services, you are asked for your name, address, and other information that allows us to identify you and your business. You may also provide us with a driver’s license and other identifying documents, in addition to financial information from your business and personal banking accounts.

To support the U.S. government and other agencies worldwide in fighting the funding of terrorism, money laundering, and other illegal activities, Federal law requires institutions to obtain, verify, and record information that identifies each individual, organization, or institution that opens an account or establishes a customer relationship. Fundonomy and the funding entities use this information to make decisions and monitor customers' performance over time.

For more information on privacy practices, your information, and how we treat your data, please review our Privacy Policy.

Electronic communications.

You hereby agree that Fundonomy may electronically provide to you any communication, notification, or update to you, including, but not limited to, any documents, authorization language, acknowledgements, decisions, disclosures, and/or notices required to be given by applicable law, regulation, or internal policy. You also consent to allow Fundonomy to respond to any inquiries or communications by e-mail, SMS messaging, fax, or other electronic means, regardless of the format of the original inquiry.

You agree that electronic copies of communications are valid and that you will not contest the validity or enforceability of such communications or any related transactions, with the exception of altered data, tampering, or a security breach. Pursuant to applicable law and regulations, you agree and acknowledge that all electronic communications delivered to you by Fundonomy shall (a) be given the same legal effect as signed paper communications, (b) shall be considered a "writing”, or "in writing”, and (c) shall be deemed for all purposes to have been "signed" and to constitute an "original" when printed from electronic files or records established and maintained in the normal course of business. You agree that all electronic communications and actions recorded by Fundonomy shall be deemed valid and admissible originals

Telephone communications.

Call Recording and Monitoring — You acknowledge that telephone calls to or from Fundonomy, together with its affiliates, marketing partners, agents, sales, and customer service representatives, may be monitored and recorded, and you agree to such monitoring and recording.

Providing Phone Numbers and Other Contact Information — You verify that any contact information provided to Fundonomy, including, but not limited to, your name, mailing address(es), email address(es), your residential or business phone numbers, and/or your mobile phone number(s), is true and accurate. You verify that you are the current subscriber or owner of any phone number that you provide to us and that you are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false, inaccurate, or outdated, we may suspend or terminate your account at any time.

Your Consent to Receive Automated Calls/Texts — You acknowledge that by voluntarily providing your phone number(s), including your mobile phone number, you agree and expressly consent to receive text messages, calls and messages, including auto-dialed and artificial or pre-recorded voice message calls and SMS messages (including text messages) from Fundonomy or others expressly authorized to do so on its behalf, related to promotions, your account, any transaction, and/or your relationship with Fundonomy. You acknowledge that automated calls or text messages may be made at any phone number(s) that you have provided or may provide in the future, even if your phone number is registered on any state or federal Do Not Call list. You agree that Fundonomy may obtain, and you expressly agree to be contacted at, any email address(es), mailing address(es), or phone number(s) provided by you or your representative at any time, or obtained through other lawful means, such as skip tracing, caller ID capture, or other means. You agree to receive automated calls and text messages from Fundonomy or others expressly authorized by Fundonomy, even if you cancel your account or terminate your relationship with us, except if you opt out (please see below). You understand that you do not have to agree to receive automated promotional calls/texts as a condition of the provision of any goods or services. You acknowledge that your qualification process for services or credit is not contingent upon the foregoing consent. If you do not consent, you can write to us at info@fundonomyfinancial.com to further inquire about our services and products. Call and message frequency may vary. You acknowledge that telephone carriers are not liable for any delayed or undelivered messages.

Opt-Out Instructions — Your consent to receive automated calls and texts is completely voluntary, and you may opt out at any time. To opt out of text messages to your mobile device, text STOP to any text message you receive, or email info@fundonomyfinancial.com, and specify that you want to opt out of text messages. You may also text HELP for help. You acknowledge and agree to accept a final text message confirming your opt-out. To opt out of automated voice calls (not text messages), you must provide us with written notice revoking your consent to receiving automated calls, and in that written notice, you must include your full name, mailing address, account number, and the specific phone number(s) for which you wish to stop automated calls. Please direct this notice to info@fundonomyfinancial.com. Please allow up to thirty (30) days to process any opt-out request. It is your sole responsibility to notify us if you no longer want to receive automated calls or text messages. You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt out immediately or by failing to follow these instructions. Please note that if you opt out of automated calls or text messages, we reserve the right to make non-automated calls to you. Third parties may have your contact information, and you may continue to receive communications from these third parties despite an opt-out request. We are not responsible for unwanted contact from third parties. Please contact third parties directly to inform them of your communication preferences.

Fees and Charges — While Fundonomy does not charge fees to receive automated telephone calls or text messages, you may incur a charge for these calls or text messages from your telephone carrier, which is your sole responsibility. Check your telephone plan and contact your carrier for details, as message and data rates may apply. You represent and warrant that you are authorized to incur such charges and acknowledge that Fundonomy is not responsible for such charges.

Your Indemnification to Us — You agree to indemnify Fundonomy for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or its state law equivalent, including claims relating to your voluntary provision of a phone number that is not owned by you and/or your failure to notify us of any changes in your contact information, including phone number(s). You agree to indemnify, defend, and hold us harmless from and against any such claims, losses, liability, costs, and expenses (including reasonable attorneys' fees). We shall have the exclusive right to choose counsel, at your expense, to defend any such claims.

Release of Claims — In consideration of the services provided by Fundonomy, you hereby release Fundonomy from any claims, causes of action, lawsuits, injuries, damages, losses, liabilities or other harms resulting from or relating to telephone calls or text messages, including without limitation any claims, causes of action, or lawsuits based on any alleged violations of the law (including, without limitation, the Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule, Fair Debt Collection Practices Act, or any similar state and local acts or statutes, and any federal or state tort or consumer protection laws).

General — You are responsible for obtaining and maintaining all phone devices and other equipment and software, any internet service provider, mobile service, and other services needed to receive calls and text messages. Text messaging may only be available with select carriers and/or compatible handsets. Your obligations under this section will survive termination of these Consent Terms.

Third-party services, products, and links.

Third-Party Services and Products — Fundonomy may enable you to connect to third-party services or products (“third-party services”). If you choose to use third-party services, you are responsible for reviewing and understanding the terms and conditions for those services and products. Fundonomy is not liable or responsible for the services, products, or performance of any third-party services. You agree to resolve any disagreement between you and a third party regarding third-party services directly with that third party in accordance with the third party's terms and conditions.

Third-Party Websites — Fundonomy’s website and platform may contain links to third-party websites. The inclusion of any link to a third-party website does not imply Fundonomy’s approval, endorsement, or recommendation of that third-party website. Third-party websites are not governed by these Consent Terms. Accessing any such website is at your risk and is subject to that website’s terms, conditions, and policies - we expressly disclaim any liability for those websites.

Changing your consent.

You may change or withdraw your consent to electronic and/or communications and e-signing at any time by providing us with written notice at info@fundonomyfinancial.com. Your notice must contain the following: your full name, your business name, dba or alias(es), the email address(es) and phone number(s) you used to register, and a US postal address. After your withdrawal of consent has been received and processed, all subsequent notifications and communications will be sent by regular mail to the last known address on file with Fundonomy.

Notwithstanding your change of consent, any electronic communications, applications signed, or agreements entered into with your electronic signature(s) prior to your consent being changed or withdrawn, shall remain valid, effective, and binding.

Notwithstanding your change of consent, any electronic communications, applications signed, or agreements entered into with your electronic signature(s) prior to your consent being changed or withdrawn, shall remain valid, effective, and binding.

ARBITRATION AND WAIVER OF JURY TRIAL.

This Arbitration Clause sets forth the procedures for resolving a Claim under or relating to these Consent Terms. As used in this Arbitration Clause, a "Claim" is any preexisting, present, or future claim, dispute, or controversy between you and Fundonomy arising out of, or relating directly or indirectly in any way, to these Consent Terms. The term "Claim" has a very broad meaning and includes, by way of example and not limitation, disputes concerning (a) the services, (b) advertisements, promotions or oral or written statements related to the Consent Terms or the services, (c) a dispute based on a federal or state statute or local ordinance, (d) data breach or privacy claims arising from or relating, directly or indirectly, to the disclosure by Fundonomy of any non-public personal information about you, and (e) the relationships between you and Fundonomy arising from these Consent Terms or any of the foregoing. Notwithstanding the foregoing, a "Claim" does not include the exercising of any self-help or non-judicial remedies by you or Fundonomy, meaning actions you or we can take that do not involve court action.

This Arbitration Clause provides that all Claims shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration, unless excepted or opted out in accordance with the terms below.

By not opting out according to the terms below, you acknowledge that:

Arbitration — In arbitration, a neutral third-party arbitrator resolves Claims on an individual basis. Arbitrations under this Arbitration Clause will be made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act ("FAA") (9 U.S.C. 1-16). An arbitration of a Claim will be conducted by the American Arbitration Association ("AAA") under its rules; if AAA cannot serve and we do not agree on an alternative arbitrator, a court with jurisdiction will select the arbitrator. For a copy of AAA procedures, to file a Claim, or for other information about this organization, contact AAA at 120 Broadway, Floor 21, New York, NY 10271, (1-800-778-7879), www.adr.org. Any arbitration hearing that you attend shall take place in the federal judicial district of your residence. The arbitrator's award shall be binding and final, except for any appeal rights under the FAA. Judgment on the arbitration award may be entered in any court having jurisdiction.

Alternative for Individual Claims — This Arbitration Clause does not affect your or our right to pursue individual Claims in small claims court (or your state's equivalent court) if the court has jurisdiction over the dispute and the dispute remains in that court. If a party brings a Claim in arbitration, the other party may remove the Claim to small-claims court if the amount in controversy (exclusive of attorneys' fees and costs if applicable law so provides) is properly within the jurisdiction of a small-claims court. The opposing party must provide notice of intent to move to small-claims court within 30 days of receiving an arbitration demand from the other party. In any event, if the Claim is removed, appealed, or transferred from small-claims court to another court, it shall be subject to arbitration at the election of either party.

Enforceability — All disputes as to the scope, enforceability, and validity of this Arbitration Clause shall be made exclusively by a court of competent jurisdiction.

Process — Before bringing a Claim in court or in arbitration, the complaining party must give the other party written notice of the Claim. If you are the complaining party, you must send the notice in writing (and not electronically) to our address. You or your representative must sign the notice and must explain the nature of the Claim and any supporting information, such as your account number and contact information where you (or your representative) can be reached. If we bring a Claim, we will send a letter to you using the information we have on file. The receiving party will have 30 days to respond to the demand.

Opting out — If you do not wish to be bound by this Arbitration Clause, you must mail a signed notice within 45 calendar days after you acquire or open the account:

Attn:
Fundonomy Financial LLC
7040 SW 14 St
Miami, FL 33144

We will need your name, address, phone number, account number, or business name. State that you "opt out" of arbitration. Opting out will not affect the other provisions of this Agreement. By opting out, you will have all options available under law to raise a dispute or Claim.

Survival — This Arbitration Clause shall survive (a) termination of the Agreement by either party, (b) the bankruptcy of any party, (c) any transfer, sale or assignment of the services, or amounts owed related to your use of the services, to any other person or entity, or (d) the suspension of the use of the services by either party. If any portion of this Arbitration Clause is deemed invalid or unenforceable, the remaining portions shall remain in force, except that (a) If the Class Action Waiver is declared unenforceable in a proceeding between you and Fundonomy with respect to a Claim that does not seek public injunctive relief, and that determination becomes final after all appeals have been exhausted, this entire Arbitration Clause (except for this sentence) shall be null and void in such proceeding, and (b) If a Claim is brought seeking public injunctive relief and a court determines that the restrictions in this Arbitration Clause prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such Claim, and that determination becomes final after all appeals have been exhausted, the Claim for public injunctive relief will be determined in court and any individual Claims seeking monetary relief will be arbitrated. In such a case, the parties will request that the court stay the Claim for public injunctive relief until the arbitration award for individual relief has been entered into the court record. In no event will a Claim for class-wide or public injunctive relief be arbitrated.

Updates to the Consent Terms.

Fundonomy reserves the right to modify, supplement, or update these Consent Terms at any time. Your continued access to and use of our services constitutes your acceptance of any changes to these Consent Terms. The date of the most recent revision will appear on this page, usually at the top or bottom.