Terms of Use and Service Agreement.

1. The agreement between us

This website, tmfus.com, is operated under the business name TMF Team, referred to here as “TMF Team”, “we”, “us” or “our”. TMF Team is a trading name; where it is not a registered company, these Terms are entered into with the individual operating that business. “You” means the person using this site, and, where you are acting for a business, that business as well.

By using this site, running a calculator, starting a chat, submitting a form or submitting an application, you agree to these Terms and to our Privacy Policy, which is part of them. If you do not agree, do not use the site.

If you are using this site on behalf of a business, you confirm that you are authorized to accept these Terms for that business and to submit the information and the authorizations described below on its behalf and on behalf of each owner whose details you provide.

2. What TMF Team does, and does not do

TMF Team is a business funding brokerage. It is not a lender, a bank, a credit union, or a licensed financial, tax or legal adviser. We do not make credit decisions and we do not lend our own money.

What we actually do is take the information you give us, work out which funding products your business may fit, present your file to third-party funders, lenders, banks, and other participants in the commercial finance market, and manage the process through to funding.

• We are paid by the funders, not by you. When a transaction funds, the funder or lender typically pays TMF Team a commission, fee or share of the transaction. The amount varies by product and by funder, and it can influence which offers are available to present to you. You may ask us what we are being paid on your specific transaction and we will tell you.
• We do not act as your fiduciary or as your agent. We are not obliged to find you the cheapest capital available anywhere in the market, and we do not guarantee that any offer we present is the best obtainable.
• Every credit decision belongs to the funder. Approval, decline, pricing, amount and terms are theirs, made under their own criteria, and are subject to their own agreements with you.
• Read what you sign. A funding agreement is between you and the funder. Its terms — the amount, the factor rate or interest rate, the fees, the payment frequency, any personal guaranty, any confession of judgment — govern, not anything said on this site or by an advisor.

3. Nothing here is an offer of credit

Everything on this site is general information and estimation. In particular:

• The calculators produce projections, not quotes. The cash-injection estimator and the HELOC estimator apply generic assumptions to the figures you type in. They are not underwriting, they are not a pre-approval, and the number they show is not the number you will be offered.
• No amount, rate, factor, term, payment or timeline shown anywhere on this site is a commitment to fund, an offer of credit, or a guarantee of eligibility.
• Real terms come from a funder after underwriting, which normally requires at least four months of business bank statements and may require more.
• Timelines are typical, not promised. “3–24 hours” and “24–48 hours” describe how these transactions usually run, not a service level we owe you.
• Products are not available in every state, and some products described here are not offered to businesses in some states.

4. Who may use this site

You may use this site only if you are at least 18 years old and legally able to enter into a contract. Applications are accepted only for businesses located in the United States. The funding products described here are commercial products intended for business purposes. They are not consumer credit and must not be used for personal, family or household purposes. A home equity line of credit obtained through a partner is a consumer product and is governed by that lender’s own consumer disclosures, not by this section.

5. The information you give us

You agree that everything you submit — on a calculator, in the chat, in a contact form or in an application — is true, accurate, current and complete, and that you will correct it if it changes while your file is live.

Where you provide information about another person, including a co-owner, a partner, a guarantor or an employee, you confirm that you have that person’s permission to give it to us, and that you have told them it will be used and shared as described in these Terms and in the Privacy Policy.

Submitting false information in connection with a funding application may be a criminal offence and will end the application.

6. Your permission to be contacted

By giving us your telephone number, mobile number or email address, you give prior express written consent for TMF Team and the funding partners described in section 7 to contact you at those numbers and addresses, including:

• calls and text messages, including ones placed with an automatic telephone dialing system, an autodialer, or an artificial or prerecorded voice;
• calls and texts about your enquiry, your application and your funding, and calls and texts that are marketing;
• contact at a mobile number, even if that number is on a federal or state do-not-call list.

This consent is not a condition of any purchase, of any funding, or of any service we provide. You can ask us for help without it — use the contact page and say so.

Message and data rates may apply. Message frequency varies. Reply STOP to any text message to stop texts from that sender, and HELP for help. Use the unsubscribe link in any marketing email to stop marketing email. To withdraw consent entirely, contact us at privacy@tmfus.com. Withdrawing marketing consent does not stop the operational messages we have to send about an application you have already made.

Calls with TMF Team may be recorded or monitored for training, quality and compliance. If you do not want to be recorded, say so at the start of the call.

7. Your permission to share your information

This is the section that lets us do our job. Brokering funding means showing your file to the market; if we could not do that, we could not get you an offer.

You expressly authorize TMF Team to disclose, transfer, sell, license and otherwise share the information you give us — including your name, your business details, your contact details, your financial information, your bank statements, the figures you entered into a calculator, and information about your application — with any of the following, for the purposes described:

We may be paid for these disclosures, including by receiving a fee, a commission or other consideration for a referral or for a lead. Under California law some of this activity counts as a “sale” or “sharing” of personal information. You have the right to opt out of it, and opting out does not stop us processing an application you have already asked us to place. See Do Not Sell or Share My Personal Information.

This authorization covers your complete file. It includes your Social Security number, your date of birth and your electronic signature, together with your bank statements and everything else you submit. You agree that any party listed above may receive the complete application in order to evaluate, underwrite, fund, buy, syndicate, participate in, service or collect the transaction, and to verify your identity.

You also agree that a partner who receives your information may contact you directly using the permissions in section 6, and may use and disclose that information under its own privacy policy, which we do not control. A current list of the partners we are actively sharing with is available on request from privacy@tmfus.com.

You may withdraw this authorization at any time by writing to privacy@tmfus.com. Withdrawal applies going forward: it does not undo a disclosure already made, and if you withdraw it while an application is live we may not be able to continue placing that application.

8. Credit reports and verification

By submitting an application you authorize TMF Team, its assigned agents, its affiliates, and any funder or lender to whom your file is presented to:

• obtain consumer reports and business credit reports about the business and about each owner and guarantor named in the application, from any credit bureau or reporting agency, for the purpose of evaluating the application and, if funding is provided, for review, renewal, servicing and collection;
• investigate the references, statements, bank data and other information given in the application, and to obtain further reports for as long as any resulting obligation is outstanding;
• verify your identity, your bank accounts and your business, including through third-party verification services.

A consumer report request may appear on your personal credit file. Some of these are soft enquiries that do not affect your score; a funder’s underwriting pull may be a hard enquiry that does. You also authorize TMF Team to send you marketing information and to carry out market research about our products and services.

9. Electronic signatures and records

You consent to transact with us electronically and to receive all disclosures, notices, agreements and records relating to your application electronically, under the federal E-SIGN Act and applicable state law.

• The signature you draw in the application, and any click, tick or typed name you use to accept something, is your legally binding electronic signature. It has the same effect as a signature in ink.
• We keep the signature image, the time it was made, the IP address it came from, and the identifier of the exact wording you agreed to, so that what you agreed to can be established later.
• What you need: a device with an up-to-date browser, an internet connection, an email account you can receive mail at, and the ability to view and keep PDF files. If you can read and sign this application, you meet these requirements.
• Paper copies. You may ask for a paper copy of any record at legal@tmfus.com. We do not charge for it.
• Withdrawing consent. You may withdraw consent to electronic records at any time by writing to legal@tmfus.com. Because the application is an electronic process, withdrawing consent means we cannot continue it online.
• Tell us at once if your email address changes while an application is live.

10. Bank statements and documents you upload

When you upload bank statements or other documents, you confirm that you own them or are entitled to provide them, and you grant TMF Team the right to store them, read them, and share them with the parties listed in section 7 for underwriting and placement.

Do not upload anything you are not entitled to share, anything containing malicious code, or anything unrelated to your application. We may refuse, remove or delete a file at any time. Files are limited by size and format as shown in the application.

11. Third-party partners and websites

Parts of this site connect to third parties — for example the home equity offers panel, which passes the details you enter to a partner lender so that it can return indicative offers. Those offers, and any resulting product, come from that partner under its own terms and privacy policy. Links to other websites are provided for convenience. We do not control and are not responsible for third-party content, products, privacy practices or conduct.

12. Acceptable use

You agree not to: use the site for anything unlawful or fraudulent; submit anyone else’s information without their permission; impersonate anybody; attempt to gain unauthorized access to any part of the site, its systems, or another user’s data; probe, scan, overload or disrupt the site; scrape or harvest data by automated means; interfere with security features; or use the site to send unsolicited commercial messages. We may suspend or refuse service to anyone at any time.

13. Our content

The text, design, layout, graphics, logos, calculators and code on this site belong to TMF Team or its licensors and are protected by copyright, trade mark and other laws. You may read the site and print pages for your own use. You may not copy, republish, sell, or build a derivative service from it without our written permission. “TMF Team” and the TMF mark are our trade marks.

14. Disclaimers

The site and everything on it are provided “as is” and “as available”, without warranty of any kind. To the fullest extent permitted by law, TMF Team disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

We do not warrant that the site will be uninterrupted, timely, secure or error free, that any estimate, figure or piece of information on it is accurate or current, that you will be approved for anything, or that any particular result will follow from using it. Nothing on this site is legal, tax, accounting or investment advice. Take your own professional advice before signing a funding agreement.

15. Limitation of liability

To the fullest extent permitted by law, TMF Team and its officers, employees, agents and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost business, lost goodwill or lost data, arising out of or relating to your use of the site or these Terms, whether based in contract, tort, statute or otherwise, even if we were told such damages were possible.

Our total liability for all claims relating to the site or these Terms is limited to the greater of the amount you paid TMF Team in the twelve months before the claim arose, or one hundred dollars ($100).

Some states do not allow the exclusion of certain warranties or the limitation of certain damages. Where that is so, the exclusions and limits above apply to the fullest extent the law allows, and nothing here limits liability that cannot lawfully be limited.

16. Indemnification

You agree to indemnify and hold harmless TMF Team and its officers, employees, agents and affiliates from any claim, loss, liability, damage, cost or expense (including reasonable legal fees) arising out of your use of the site, your breach of these Terms, information you submitted that was untrue or that you were not entitled to provide, or your violation of any law or of anyone else’s rights.

17. Disputes, arbitration and class action waiver

Talk to us first. Before starting an arbitration, send a written description of the dispute and what you want to legal@tmfus.com. We will do the same for you. If it is not resolved within 60 days, either of us may begin arbitration.

Arbitration. Any dispute arising out of or relating to these Terms or to your use of the site that is not resolved informally will be settled by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules or Commercial Arbitration Rules, as applicable. The arbitration will take place in the state identified in section 18, or by telephone or video, or by documents only, at your election. The arbitrator’s award may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act governs this section.

Individual basis only. Claims must be brought individually. Neither of us may bring a class, collective, consolidated or representative action, and the arbitrator may not consolidate claims or preside over any form of representative proceeding. You and TMF Team waive the right to a trial by jury. If this paragraph is found unenforceable as to a particular claim or remedy, that claim or remedy is severed and heard in court, and the rest of this section still applies.

Small claims. Either of us may bring an individual claim in small claims court instead, if it qualifies.

How to opt out. You may reject this arbitration section by emailing legal@tmfus.com within 30 days of first accepting these Terms, with your name, your business name and a statement that you opt out of arbitration. Opting out costs you nothing and changes nothing else in these Terms.

18. Governing law

These Terms are governed by the laws of the State of TO BE COMPLETED (state whose law governs), without regard to its conflict-of-laws rules. Subject to section 17, the state and federal courts located in that state have exclusive jurisdiction, and you consent to that jurisdiction and venue.

19. Changes to these terms

We may change these Terms. The version and the date at the top of this page always show the current one. A change takes effect when it is posted, and continuing to use the site after that means you accept it. If a change is material we will make it obvious on the site. The version of these Terms that applies to an application is the version in force when you signed it, and we keep a record of which that was.

20. General

• Whole agreement. These Terms and the Privacy Policy are the entire agreement between us about the site and replace anything said before.
• Severability. If a provision is unenforceable, the rest still stands.
• No waiver. Not enforcing something once does not waive it.
• Assignment. You may not assign these Terms. We may, to an affiliate or in connection with a merger, acquisition or sale of the business.
• Force majeure. Neither of us is liable for a failure caused by something genuinely beyond our reasonable control.
• Survival. Sections 5 to 8 and 13 to 20 survive the end of this agreement.

21. How to reach us

TMF Team
TO BE COMPLETED (business mailing address)
General enquiries: the contact page
Privacy and data requests: privacy@tmfus.com
Legal notices: legal@tmfus.com