These Terms of Use (the "Terms") are a legal agreement between you and 123 Funding, Inc., doing business as First Choice Funding ("First Choice Funding," "we," "us," or "our"). They govern your access to and use of our website, online application, and related services (together, the "Site").
Please read these Terms carefully. Section 13 contains an arbitration agreement and class action waiver that affect how disputes are resolved. By using the Site or submitting an application, you agree to these Terms. If you do not agree, do not use the Site.
1. Use of the Site
The Site is intended for owners and authorized representatives of businesses located in the United States who are at least 18 years old and seeking commercial financing. Our products are for business purposes only and are not intended for personal, family, or household use. You may use the Site only for lawful purposes and in accordance with these Terms.
We may change, suspend, or discontinue any part of the Site at any time without notice. We may also update these Terms from time to time by posting a revised version with a new effective date. Your continued use of the Site after changes are posted means you accept them.
2. No Offer or Guarantee of Financing
Information on the Site, including product descriptions, funding amounts, terms, rates, and timeframes, is for general informational purposes only. It is not an offer, commitment, or guarantee of financing. All financing is subject to underwriting review, verification, and approval by First Choice Funding or one of our funding partners, and to the execution of a separate written agreement. Actual amounts, terms, and costs depend on your business's qualifications.
Revenue-based financing is the purchase of a portion of a business's future receivables and is not a loan. Lines of credit and term loans are subject to the terms of their individual agreements. Any financing agreement you sign will control over these Terms if there is a conflict.
We may work with a network of third-party funding partners. When we do, the financing is provided by that partner under its own agreement, and First Choice Funding may receive compensation from that partner.
3. Your Application & Authorizations
By submitting an application, you represent that you are authorized to apply on behalf of the business and that all information you provide is true, accurate, and complete. You agree to promptly update any information that changes.
You authorize First Choice Funding, its funding partners, and their agents to obtain and verify information about you and your business, including business and personal credit reports from credit reporting agencies, bank and transaction data, and other information from third parties, now and from time to time, to evaluate your application, service any financing, and for any other lawful purpose. You also authorize us to share your application and related information with our funding partners so they can evaluate it.
4. Prohibited Uses
You agree not to:
- Provide false, misleading, or fraudulent information, or apply on behalf of a business you are not authorized to represent;
- Use the Site in violation of any law or regulation;
- Attempt to gain unauthorized access to the Site, our systems, or other users' information;
- Use any robot, scraper, or automated means to access or collect data from the Site;
- Introduce viruses, malware, or other harmful code, or interfere with the Site's operation or security;
- Copy, modify, distribute, or create derivative works from the Site's content except as allowed by these Terms; or
- Use the Site to send unsolicited advertising or to impersonate any person or entity.
5. Account Security
If you are given login credentials or a portal account, you are responsible for keeping them confidential and for all activity under your account. Notify us immediately of any unauthorized use. We are not liable for losses caused by unauthorized use of your credentials.
6. Ownership & Intellectual Property
The Site and its content, including text, graphics, logos, designs, and software, are owned by or licensed to First Choice Funding and are protected by copyright, trademark, and other laws. "First Choice Funding" and our logo are our trademarks. We grant you a limited, revocable, non-exclusive, non-transferable license to view and use the Site for your own business purposes. All other rights are reserved.
7. Information You Submit
You retain ownership of the information and documents you submit through the Site. You grant us and our funding partners the right to use, store, copy, and share that information as needed to provide our services and as described in our Privacy Policy. Any feedback or suggestions you send us may be used without obligation to you.
8. Third-Party Content & Links
The Site may include content from, or links to, websites and services operated by third parties. We do not control and are not responsible for third-party content, products, services, or privacy practices. Your dealings with third parties are solely between you and them.
9. Electronic & Telephone Communications
Electronic records and signatures
You agree that we may provide disclosures, notices, agreements, and other communications to you electronically, and that your electronic signature has the same legal effect as a handwritten signature under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN) and applicable state law.
Calls and text messages
By providing a phone number, you expressly consent to receive calls and text messages from First Choice Funding, our funding partners, and their agents at that number, including calls and texts made using an automated telephone dialing system or an artificial or prerecorded voice, about your application, financing products, and related offers, even if your number is on a federal, state, or internal Do Not Call list. Your consent is not a condition of obtaining financing. Message and data rates may apply. You may opt out of texts at any time by replying STOP, and out of calls by telling the caller. Calls may be monitored or recorded for quality and compliance purposes, where permitted by law.
10. Disclaimers
The Site and all content are provided "as is" and "as available," without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Site will be uninterrupted, error-free, or secure, or that any information on the Site is accurate, complete, or current. Content on the Site is not legal, tax, accounting, or financial advice.
11. Limitation of Liability
To the fullest extent permitted by law, First Choice Funding and its affiliates, officers, employees, agents, and funding partners will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or business opportunity, arising out of or related to your use of the Site, even if advised of the possibility of such damages. Our total liability for any claim relating to the Site will not exceed one hundred U.S. dollars ($100).
12. Indemnification
You agree to defend, indemnify, and hold harmless First Choice Funding and its affiliates, officers, employees, agents, and funding partners from any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising from your use of the Site, information you submit, your violation of these Terms, or your violation of any law or third-party right.
13. Arbitration; Jury Trial Waiver; Class Action Waiver
Agreement to arbitrate. You and First Choice Funding agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Site (a "Claim") will be resolved by binding individual arbitration rather than in court, except that either party may bring an individual claim in small claims court if it qualifies. This agreement is governed by the Federal Arbitration Act.
Procedures. Arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, before a single arbitrator. Unless the parties agree otherwise, the arbitration will take place in Orange County, California or by video conference.
Fees. Each party will pay its own attorneys' fees and costs unless the arbitrator awards them under applicable law. Filing and arbitrator fees will be allocated as provided by the AAA rules.
Award. The arbitrator's award will be final and binding, and judgment on the award may be entered in any court with jurisdiction.
Jury trial and class action waiver. You and First Choice Funding each waive the right to a jury trial and the right to participate in a class, collective, or representative action. Claims may be brought only on an individual basis.
Opt-out. You may opt out of this arbitration agreement by sending written notice to the address in Section 17 within 30 days after you first use the Site, including your name, business name, and a clear statement that you are opting out of arbitration.
If any part of this Section 13 is found unenforceable, the remainder will stay in effect, except that if the class action waiver is found unenforceable, this entire Section 13 will not apply to that Claim.
14. Governing Law & Jurisdiction
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules, and by applicable federal law. For any Claim not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Orange County, California.
15. Miscellaneous
These Terms, together with our Privacy Policy and any financing agreement you sign, are the entire agreement between you and us regarding the Site. If any provision is found unenforceable, the remaining provisions will remain in effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our written consent; we may assign them without restriction. Section headings are for convenience only.
16. Privacy Policy
Your use of the Site is also governed by our Privacy Policy, which explains how we collect, use, and share your information.
17. Contact Information
Questions about these Terms, or notices required under them, may be sent to:
123 Funding, Inc. d/b/a First Choice Funding
27953 Redondela
Mission Viejo, CA 92692