Formula Funding Terms and Conditions

 

TCPA Compliance

By clicking “Apply Now”, “Send” or “Submit” anywhere on our website, you (1) consent to receiving calls and
messages, faxes, including autodialed or pre-recorded calls, from Formula Funding and/or each of its
partners, representatives, investors, successors, assigns and designees using the information you
provided, including via wireless telephone numbers that could result in charges to you, (2) acknowledge
that no purchase of goods or services is contingent upon such consent, (3) acknowledge that telephone
calls to and from Formula Funding and/or each of its partners, representatives, investors, successors,
assigns and designees may be recorded, (4) consent to receive email correspondence including
advertisements for business funding and other products or services, and (5) acknowledge that you have
read Formula Funding’s Privacy Policy and understand that you may opt-out of receiving
communications of your choice from Formula Funding as provided in the Privacy Policy.

 

General Acceptance

Any applications submitted electronically shall have the same force and effect as if the application bore
an inked original signature(s). The above information, together with any accompanying financial
statements, schedules, or other materials, is submitted for the purpose of obtaining credit and is
warranted to be true, correct, and complete.

 

US Patriot Act

To help the government fight the funding of terrorism and money laundering activities, Federal law
requires all financial institutions to obtain, verify, and record information that identifies each person and
business that seeks a business loan. What this means for you: When you apply for a loan, we will ask for
your business name, address, and Tax Identification Number. We will also ask for your name, address,
date of birth, and other information that will allow us to identify you. We may also ask to see your
driver’s license or other identifying documents.

 

For Loan/Merchant Services

The Merchant and Owner(s)/Officer(s) identified in the application (individually, an “Applicant”) each
represents, acknowledges and agrees that (1) all information and documents provided to Formula
Funding, Inc. (“FF”) including credit card processor statements are true, accurate and complete, (2)
Applicant will immediately notify FF of any change in such information or financial condition, (3)
Applicant authorizes FF to disclose all information and documents that FF may obtain including credit
reports to other persons or entities (collectively, “Assignees”) that may be involved with or acquire
commercial loans having daily, weekly, or monthly repayment features and/or Merchant Cash Advance
transactions, including without limitation the application therefor (collectively, “Transactions”) and each
Assignee is authorized to use such information and documents, and share such information and

documents with other Assignees, in connection with potential Transactions, (4) each Assignee will rely
upon the accuracy and completeness of such information and documents, (5) FF, Assignees, and each of
their representatives, successors, assigns and designees (collectively, “Recipients”) are authorized to
request and receive any investigative reports, credit reports, statements from creditors or financial
institutions, verification of information, or any other information that a Recipient deems necessary, (6)
Applicant waives and releases any claims against Recipients and any information-providers arising from
any act or omission relating to the requesting, receiving or release of information, and (7) each
Owner/Officer represents that he or she is authorized to sign this form on behalf of Merchant.(8) I
consent to receive direct mail, faxes, text-messages, autodialed or pre-recorded calls, and e-mails sent
by Formula Funding and its affiliates for the purposes of transmitting account updates, requests for
information and notices, and (9) this request is for business and not for consumer purposes.

 

For Equipment Services

I hereby certify: (1) the information provided is true and correct, (2) you are hereby authorized to
investigate all bank, credit, and trade references, and said references are hereby authorized to release
any requested information to you or your nominee, (3) such authorization shall extend to obtaining
personal credit profile in considering this application and subsequently for the purposes of update,
renewal or extension of such credit or additional credit and for reviewing or collecting the resulting
account, (4) this information may be transmitted by us to you and by you to underwriter(s) for the
purpose of granting me credit, either electronically or manually, and that by submitting this application,
I take full responsibility for transmission thereof, (5) I am over 18 years of age, (6) I acknowledge my
rights under the Fair Credit Reporting Act, (7) I consent to receive direct mail, faxes, text-messages,
autodialed or pre-recorded calls, and e-mails sent by Formula Funding and its affiliates for the purposes
of transmitting account updates, requests for information and notices, and (8) this request is for
business and not for consumer purposes.

 

Text Messaging

By providing my wireless phone number to Formula Funding, I agree and acknowledge that Formula
Funding may send text and multimedia messages to my wireless phone number for any purpose. I agree
that these text or multimedia messages may be regarding the products and/or services that I have
previously purchased and products and/or services that Formula Funding may market to me. I
acknowledge that this consent may be removed at my request but that until such consent is revoked, I
may receive text or multimedia messages from Formula Funding to my wireless phone number.

The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit
applicants on the basis of race, color, religion, national origin, sex, marital status or age (provided the
applicant has the capacity to enter into the binding contract); because all or part of the applicant’s
income derives from any public assistance program; or because the applicant has in good faith exercised
any right under the Consumer Credit Protection Act. If for any reason your application for business
credit is denied, you have the right to a written statement of the specific reasons for the denial.

To obtain the statement, please write to Formula Funding, 5465 Morehouse Drive Suite 200, San Diego,
California 92121. Funding amount and credit approval is subject to a full credit profile review.