Terms of Service
Last Updated: June 12, 2023
Welcome to Advance Funds Network llc. These Terms of Service govern the use of the websites (collectively, “Website” or “Site”) and online and mobile services of Advance Funds Network Inc. (“Advance Funds Network,” “we” or “us”) and its subsidiaries, including our small business financing products and services (collectively, “Services”) by clients, customers, and users (collectively, “Users” or “you”).
These Terms of Service constitute a binding legal agreement. Please review this agreement thoroughly to ensure that you understand each provision. If you disagree with any of these terms, then please abstain from using the Website or the Services.
By using and/or visiting this Website and/or using any of our Services, you acknowledge that you have read, comprehended, and agree to be bound by this Terms of Service agreement (“Terms of Service” or “Agreement”) and to the collection and use of your information as set forth in our Privacy Policy. This Agreement applies to all visitors, users, and others who access the Service (“Users”).
By using and/or visiting this Website and/or using any of our Services, you further consent to the conduct of business with Advance Funds Network by electronic and digital means, including but not limited to email, e-signatures, and e-payments as applicable.
In addition to these Terms of Service, any request for small business financing is also subject to a separate Business Funding Terms and Conditions agreement (“Terms and Conditions”), that will be provided to you, and that you must agree to, when you submit documentation in connection with any funding application on behalf of your business (“Business Funding Application”).
Advance Funds Network reserves the right to unilaterally modify these Terms of Service and/or the Terms and Conditions and will provide notice of these changes as described below. Each modification will be effective upon posting on this Site. You agree to be bound to any changes to this Agreement when such modification is posted on the Website. If you do not agree to any of these terms, then please do not use the Website or the Services.
1. Eligibility
You may use the Service only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.
By accessing our Services, you affirm that you are 18 years of age or older. Any use of or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. Your profile may be deleted, and your access to Services may be terminated without notice, if Advance Funds Network believes in its sole discretion that you are less than 18 years of age. The Service is not available to any Users previously removed from the Service by Advance Funds Network.
Advance Funds Network is firmly against discrimination or any action resulting in a discriminatory or discouraging impact, on any basis prohibited under applicable law. This includes, but is not limited to, discrimination based on race, sex (including pregnancy), sexual orientation, gender identity or expression, military or veteran status, disability, HIV or AIDS status, national origin, ancestry, creed, religion, familial status, marital or civil union status, political affiliation, receipt of pension benefits, receipt of child support, receipt of public assistance, the use or nonuse of a spouse’s surname, age (provided the applicant has the capacity to contract), or any other basis that has no economic rationale. Moreover, all lenders and funders using Advance Funds Network’s platform to provide small business financing must comply with our anti-discrimination policy and applicable state and federal laws.
2. Accounts
You bear sole responsibility for any activity that occurs under your account, and it is incumbent upon you to maintain your account information up-to-date and to ensure the security of your computer or mobile device. You must notify Advance Funds Network immediately regarding any changes in your information and documents that you have uploaded onto our platform, or in instances of security breaches or unauthorized use of your account. You accept full responsibility for all your activities conducted using the Service, and you are prohibited from using another User’s account. Advance Funds Network will not be liable for any inaccuracies in your personal or account information or related to the usage of your account.
3. Use Limitations
You understand that our Service is subject to certain limitations and may not be available in your jurisdiction. Our small business financing may be subject to restrictions that vary on a state-by-state basis. You also agree to access and use all Services relating to small business funding in accordance with our Business Terms and Conditions.
You will not use the Services for any unauthorized or unlawful purposes. You agree to refrain from engaging in the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including, but not limited to, any automated or non-automated “scraping”; (ii) using any automated system, such as “bots”, “robots,” “spiders,” “offline readers,” etc., to access the Service, except for the revocable permission granted to public search engine operators to use spiders for creating publicly available searchable indices of the materials from Advance Funds Network.com; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) imposing an unreasonable or disproportionately large load on Advance Funds Network’s infrastructure at our sole discretion; (vi) uploading invalid data, viruses, worms, or other destructive code or software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
Advance Funds Network reserves the right, without prior notice, to alter the Service, discontinue the Service or features of the Service, to you or to users generally, or set usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if, in our sole determination, you violate any provision of this Agreement, or for no reason at all. Upon termination for any reason or no reason, you remain bound by this Agreement.
Advance Funds Network does not claim that the Services are appropriate or available for use outside the United States. Those who access or use the Services from other jurisdictions do so on their own accord and are wholly responsible for complying with all applicable U.S. and local laws and regulations. The Services may not be used if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the U.S. government.
4. Privacy
At Advance Funds Network, we value the privacy of our users. By utilizing our Website or any of our Services, you consent to the collection, use, and disclosure of your personally identifiable information as described in our Privacy Policy.
By providing your email address and/or phone number to Advance Funds Network, you agree to us using your email address and/or phone number to send you notifications related to our Services. This includes any notices required by law, which may be sent via email or SMS instead of traditional postal mail. We may also use your email address and/or phone number to send you promotional materials or telemarketing messages related to our Services, as outlined in our Privacy Policy. However, you have the right to withdraw your consent for such use by providing written notice to Advance Funds Network at any time.
5. Services
In compliance with this Agreement’s terms and conditions, Advance Funds Network grants you a non-exclusive, limited, non-transferable, freely revocable license to use the Service solely for your internal business operations, as enabled by the Service’s features, including Services pertaining to any Business Funding Application (“Business Funding Application”). Advance Funds Network retains all rights not explicitly granted in this document relating to the Service and the Advance Funds Network Content (as defined later). This license can be terminated by Advance Funds Network at any time for any or no reason. Commercial content or opportunities may be included in any product, service, image, or webpage by Advance Funds Network.
No prior registration is required if you wish to access case studies, financial calculator tools, the AFN published content, the Knowledge Center, or merely browse the Advance Funds Network Site.
Advance Funds Network offers small business funding products through its online and mobile digital platform via direct funding subsidiaries and third-party lenders and funders. You must also agree to our Business Funding Application to access our small business funding services, which will be presented to you during the business funding application process.
7. Mobile Access
You can use a Mobile device or App to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software, you must have a mobile device that is compatible with the Mobile Software. Advance Funds Network does not warrant that the Mobile Software will be compatible with your mobile device. Advance Funds Network hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Advance Funds Network account on one mobile device owned or leased solely by you, for your personal use. You may not:
(i) modify, disassemble, decompile, or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law;
(ii) rent, lease, fund, resell, sublicense, distribute, or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party;
(iii) make any copies of the Mobile Software;
(iv) remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on the use of the Mobile Software; or
(v) delete the copyright and other proprietary rights notices on the Mobile Software.
You acknowledge that Advance Funds Network may from time to time issue upgraded versions of the Mobile Software and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing the use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Advance Funds Network or its third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in this Agreement, is void. Advance Funds Network reserves all rights not expressly granted under this Agreement.
If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth in this Agreement and applicable law. The Mobile Software originates in the United States and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or to those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to the use of the Mobile Software and the Advance Funds Network Service.
The following applies to any Mobile Software you acquire from any App Store (“App Software”): You acknowledge and agree that this Agreement is solely between you and Advance Funds Network and that the App Store operator has no responsibility for the App Software or its content. Your use of the App Software must comply with the App Store Terms of Service.
7. Proprietary Rights
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “Advance Funds Network Content”), and all intellectual property rights related thereto, are the exclusive property of Advance Funds Network and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any Advance Funds Network Content. Use of the Advance Funds Network Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
8. User Content
The Website may contain messaging features that allow users to post, submit, publish, display, or communicate with Advance Funds Network or other users (hereinafter, “post”) content or materials (collectively, “User Content”).
Any User Content you post to the Service will be considered non-confidential and non-proprietary. By providing any User Content on the Site, you grant to Advance Funds Network and its licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material. You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. Advance Funds Network reserves the right, but has no obligation, to monitor communications between you and other users. Advance Funds Network shall have no liability for your interactions with other users, nor is Advance Funds Network responsible for the content or accuracy of any User Content posted by you or any other user on the Site.
You may choose, or Advance Funds Network may invite you, to submit comments or ideas about the Services, including without limitation how to improve the Service or Advance Funds Network products (“Suggestions”). By submitting any Suggestion, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place Advance Funds Network under any legal obligation, and that we are free to use the Suggestion without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You hereby waive any rights in and to any suggestions, ideas, or comments you may provide to Advance Funds Network relating to the Website or any Services. You further acknowledge that, upon acceptance of your Suggestion, Advance Funds Network will exclusively own all rights (including all intellectual property rights) therein relating to the Services.
9. Indemnity
You agree to defend, indemnify, and hold harmless Advance Funds Network and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from:
(i) your use of and access to the Service, including any data or content transmitted or received by you;
(ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above;
(iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights;
(iv) your violation of any applicable law, rule, or regulation;
(v) any claim or damages that arise as a result of any of your information or any information sent/submitted via your account; or
(vi) any other party’s access and use of the Service with your unique username or other appropriate security code.
Please note that while I have updated the text with the requested changes, it’s always a good idea to have a legal professional review and ensure the accuracy and suitability of such clauses for your specific situation.
10. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Advance Funds Network, its affiliates, agents, directors, employees, subsidiaries, suppliers, or licensors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, or inability to use, this Service. Under no circumstances will Advance Funds Network be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the service or your account or the information contained therein.
To the maximum extent permitted by applicable law, Advance Funds Network assumes no liability or responsibility for any:
(i) errors, mistakes, or inaccuracies of content;
(ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service;
(iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein;
(iv) any interruption or cessation of transmission to or from the service;
(v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party;
(vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service;
(vii) user content or the defamatory, offensive, or illegal conduct of any third party; and/or
(viii) losses arising from the use of your account.
In no event shall Advance Funds Network, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding US $1,000.00.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Advance Funds Network has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Please note that while I have updated the text with the requested changes, it’s always a good idea to have a legal professional review and ensure the accuracy and suitability of such clauses for your specific situation.
11. No Warranty
By using our Services, including submitting an application for small business financing, you expressly acknowledge and agree that Advance Funds Network does not represent, warrant, or guarantee that you will qualify for or obtain business funding or any other business funding product. In addition, Advance Funds Network does not represent, warrant, or guarantee that you will qualify for or obtain business funding or any other business funding product in the amount requested or at all. In all cases, credit, lending, and funding decisions are made solely by the funder at its discretion.
The Services are provided on an “as is” and “as available” basis, and to the maximum extent permitted by applicable law, they are provided without warranties of any kind, whether express or implied. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Advance Funds Network, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable, or correct; that the Services will meet your requirements; that the Services will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Services are free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Services is downloaded at your own risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Services.
Advance Funds Network does not warrant, endorse, guarantee, or assume responsibility for any product or service offered by a third party, and Advance Funds Network will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Please note that while I have updated the text with the requested changes, it’s always a good idea to have a legal professional review and ensure the accuracy and suitability of such clauses for your specific situation.
12. Disclaimer
You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of Advance Funds Network on Advance Funds Network servers. You agree that Advance Funds Network has the absolute right to manage, regulate, control, modify, and/or eliminate any such data as it sees fit in its sole discretion, in any general or specific case, and that Advance Funds Network will have no liability to you based on its exercise of such right. All data on Advance Funds Network servers are subject to deletion, alteration, or transfer. Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, account history, and account content residing on Advance Funds Network servers may be deleted, altered, moved, or transferred at any time for any reason in Advance Funds Network’s sole discretion, with or without notice and with no liability of any kind. Advance Funds Network does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on Advance Funds Network servers.
Please note that while I have updated the text with the requested changes, it’s always a good idea to have a legal professional review and ensure the accuracy and suitability of such clauses for your specific situation.
13. Governing Law
You agree that:
(i) the Service shall be deemed solely based in New York; and
(ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Advance Funds Network, either specific or general, in jurisdictions other than New York. This Agreement shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Kings County, New York, for any actions for which Advance Funds Network retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of Advance Funds Network’s copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Kings County, New York, is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
14. Arbitration
Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Advance Funds Network. For any dispute with Advance Funds Network, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. In the unlikely event that Advance Funds Network has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding individual arbitration by JAMS, Inc. (“JAMS”), under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in New York County, New York, unless you and Advance Funds Network agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes:
(i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS;
(ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and
(iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Advance Funds Network from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights, or other proprietary rights.
15. Class Action/Jury Trial Waiver
With respect to all persons and entities, regardless of whether they have obtained or used the service for personal, commercial, or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action, or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and Advance Funds Network are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
Please note that while I have updated the text with the requested changes, it’s always a good idea to have a legal professional review and ensure the accuracy and suitability of such clauses for your specific situation.
16. Notification Procedures and Changes to the Agreement
Advance Funds Network may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Advance Funds Network in our sole discretion. Advance Funds Network reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Advance Funds Network is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Advance Funds Network may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.
17. Severability
This Agreement, together with any amendments and any additional agreements you may enter into with Advance Funds Network in connection with the Service, shall constitute the entire agreement between you and Advance Funds Network concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
18. No Waiver; No Assignment
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Advance Funds Network’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Advance Funds Network without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
19. Contact
Please contact us at [email protected] with any questions regarding this Agreement.
