Terms of Service

These Terms of Service (hereinafter referred to as "Terms," "Agreement," or "Terms of Service") constitute a legally binding agreement between you (hereinafter referred to as "User," "you," or "your"), whether personally or on behalf of a business entity (hereinafter referred to as "Applicant" or "Business"), and Summit Fundings, LLC (hereinafter referred to as "Summit Fundings," "Company," "we," "our," or "us"), concerning your access to and use of the Summit Fundings website located at summitfundings.com (the "Site"), together with any related websites, mobile applications, platforms, tools, and services offered by the Company (collectively, the "Services").

BY ACCESSING, BROWSING, OR OTHERWISE USING THE SITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions, policies, or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. The Company reserves the right, in its sole and absolute discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you of any changes by updating the "Last Revised" date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You shall be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site or Services after the date such revised Terms are posted.

Summit Fundings operates exclusively as an independent business funding broker and intermediary. THE COMPANY IS NOT A BANK, CREDIT UNION, DIRECT LENDER, OR FINANCIAL INSTITUTION OF ANY KIND. We do not make loans, extend credit, issue merchant cash advances, or otherwise provide funding directly to any applicant, business, or individual. Our role is strictly limited to facilitating introductions and connections between prospective business borrowers and our network of independent, third-party lenders, funders, and financial institutions (collectively, "Lending Partners").

All funding decisions, including but not limited to the approval or denial of applications, the determination of funding amounts, interest rates, factor rates, repayment terms, fees, and all other material terms and conditions of any funding agreement, are made solely and exclusively by the applicable Lending Partner in its sole discretion. Summit Fundings has no authority, control, or influence over any Lending Partner's underwriting criteria, approval processes, funding decisions, or contractual terms. Any funding agreement you enter into shall be solely between you and the applicable Lending Partner, and Summit Fundings shall not be a party to, nor shall it bear any liability arising from, such agreement.

The Company makes no representations, warranties, or guarantees whatsoever, express or implied, that: (a) any application submitted through the Site or Services will result in an approval of funding; (b) any particular funding amount, rate, or terms will be offered or made available; (c) any Lending Partner will respond to, review, or act upon any application; or (d) any funding will be disbursed within any particular timeframe.

By using the Site and Services, you represent and warrant that: (a) you are at least eighteen (18) years of age; (b) you have the legal capacity and authority to enter into and be bound by these Terms; (c) you are a duly authorized representative, officer, owner, or principal of the business entity on whose behalf you are submitting an application; (d) the business entity on whose behalf you are applying is a legally organized, validly existing business entity formed and operating in compliance with all applicable federal, state, and local laws within the United States of America; (e) you are not located in, and you are not a citizen or resident of, any jurisdiction in which the use of the Services would be prohibited or restricted by applicable law; and (f) your use of the Services will not violate any applicable law, regulation, rule, order, or directive.

The Company reserves the right, at any time and in its sole discretion, to refuse service to any User or Applicant, to terminate or suspend your access to the Site or Services, and to refuse to process any application, for any reason or no reason, without prior notice or liability.

In connection with your use of the Services, you may be required to submit certain personal and business information, including but not limited to: your legal name, date of birth, Social Security Number or Individual Taxpayer Identification Number, contact information (email address, telephone number, mailing address), business legal name, Employer Identification Number (EIN), business address, type of business entity, industry classification, date of formation or incorporation, monthly and annual gross revenues, existing debt obligations, bank account information, financial statements, bank statements, tax returns, and such other documentation or information as may be requested (collectively, "Application Information").

You represent, warrant, and covenant that all Application Information you provide is true, accurate, current, and complete in all material respects at the time of submission. You further agree to promptly notify Summit Fundings of any changes to the Application Information that would render any previously submitted information materially inaccurate or incomplete. The submission of false, misleading, or fraudulent Application Information shall constitute a material breach of these Terms and may result in immediate termination of your access to the Services, rejection of your application, and referral to appropriate law enforcement authorities.

By submitting an application, you expressly authorize and consent to Summit Fundings and its Lending Partners taking any and all of the following actions: (a) obtaining and reviewing your personal and/or business credit reports from one or more credit reporting agencies; (b) verifying the Application Information through third-party sources, including but not limited to banks, vendors, employers, and governmental agencies; (c) contacting you by telephone (including calls and text messages to cellular telephones, which may use automated dialing technology or prerecorded messages), email, or postal mail regarding your application, our Services, or related offerings; and (d) sharing your Application Information with one or more Lending Partners for the purpose of evaluating and processing your funding application.

Summit Fundings does not charge applicants any direct fee, charge, or payment for the submission of a funding application through the Site. However, the Company may receive, and you acknowledge and agree that the Company shall be entitled to receive, commissions, referral fees, finder's fees, or other forms of compensation from Lending Partners in connection with funded transactions that result from introductions or referrals facilitated by the Company (collectively, "Broker Compensation"). Such Broker Compensation is paid solely by the Lending Partner and does not increase or otherwise affect the cost of funding to you.

Any and all fees, charges, costs, interest, factor rates, origination fees, closing costs, or other amounts associated with any funded transaction shall be disclosed to you by the applicable Lending Partner and shall be governed exclusively by the terms of the funding agreement between you and such Lending Partner. Summit Fundings bears no responsibility for, and makes no representations regarding, the fees or charges imposed by any Lending Partner. You are solely responsible for reviewing and understanding all terms, conditions, and costs associated with any funding offer prior to acceptance.

As a condition of your use of the Site and Services, you warrant and agree that you shall not use the Site or Services for any purpose that is unlawful or prohibited by these Terms. Without limiting the generality of the foregoing, you agree that you shall not:

• Submit any Application Information that is false, fraudulent, misleading, deceptive, or materially inaccurate
• Impersonate any person or entity, or falsely state or otherwise misrepresent your identity, affiliation, or authority to act on behalf of any person or entity
• Use the Site or Services to engage in, facilitate, or further any illegal activity, including but not limited to money laundering, fraud, identity theft, or the financing of terrorism
• Interfere with, disrupt, damage, or compromise the integrity, security, or proper functioning of the Site, Services, or any servers, networks, databases, or systems connected thereto
• Attempt to gain unauthorized access to any portion of the Site, Services, or any systems or networks connected to the Site through hacking, password mining, or any other illegitimate means
• Use any automated system, including but not limited to bots, spiders, scrapers, crawlers, or data mining tools, to access, collect, or extract data from the Site without our prior written consent
• Reproduce, duplicate, copy, sell, resell, license, distribute, or exploit any portion of the Site or Services for any commercial purpose without our prior written authorization
• Upload, transmit, or distribute any viruses, trojans, worms, malware, or other harmful or malicious code
• Engage in any activity that imposes, or may impose, in our sole determination, an unreasonable or disproportionately large load on our infrastructure
• Violate any applicable federal, state, local, or international law, statute, ordinance, regulation, or ethical code

Unless otherwise expressly indicated, the Site and all content, features, and functionality thereof, including but not limited to all text, graphics, logos, service marks, trademarks, trade names, button icons, images, audio clips, data compilations, page layouts, underlying code (including HTML, CSS, JavaScript, and server-side code), software, and the overall design, selection, and arrangement thereof (collectively, "Company Content"), are the exclusive property of Summit Fundings, its licensors, or other content suppliers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site and Company Content solely for your personal, non-commercial use in connection with utilizing the Services. This license does not include any right to: (a) modify, reproduce, distribute, or create derivative works based upon the Company Content; (b) use any data mining, robots, or similar data gathering or extraction methods on the Site; (c) download (other than page caching) any portion of the Site or Company Content except as expressly permitted; or (d) use the Site or Company Content other than for their intended purposes. This license shall automatically terminate if you violate any of these restrictions and may be terminated by the Company at any time, with or without cause or notice.

THE SITE AND SERVICES ARE PROVIDED ON A STRICTLY "AS IS," "WHERE IS," AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR SERVICES. THE COMPANY DOES NOT WARRANT THAT: (A) THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE SITE OR SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS OBTAINED FROM USE OF THE SITE OR SERVICES WILL BE ACCURATE, RELIABLE, OR COMPLETE; (D) ANY DEFECTS OR ERRORS IN THE SITE OR SERVICES WILL BE CORRECTED; OR (E) THE SITE OR SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. ANY CONTENT, INFORMATION, DATA, OR MATERIALS DOWNLOADED, OBTAINED, OR OTHERWISE ACCESSED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SUMMIT FUNDINGS, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS, OR ASSIGNS (COLLECTIVELY, THE "COMPANY PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SITE OR SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR RELATED TO THE SITE OR SERVICES; (C) ANY CONTENT, INFORMATION, OR MATERIALS OBTAINED FROM THE SITE OR SERVICES; (D) ANY UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (E) ANY MATTER OTHERWISE RELATING TO THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR ANY INABILITY TO USE, ANY PORTION OF THE SITE OR SERVICES, OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO SUMMIT FUNDINGS IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100.00).

THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE FROM BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, THE LIABILITY OF THE COMPANY PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate (collectively, "Disputes"), shall be determined exclusively by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules then in effect. The arbitration shall take place in New York, New York, before a single arbitrator. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

YOU AND SUMMIT FUNDINGS EACH WAIVE THE RIGHT TO A TRIAL BY JURY. YOU AND SUMMIT FUNDINGS EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative, class, or collective proceeding.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if such modification is not possible, such provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If you have any questions, concerns, or inquiries regarding these Terms of Service, you may contact us at:

Any notice to be given under these Terms by either party to the other shall be in writing and shall be deemed to have been given upon delivery (if delivered by hand), upon sending (if sent by email), or upon the third business day after mailing (if sent by certified or registered mail, postage prepaid, return receipt requested).