Terms of Use

These Terms of Use (“Terms”) constitute a legal agreement between you and Breakthrough Funding Group (“Breakthrough Funding Group,” “we”, “us”, “our” and related variations). By accessing any part of this Site (“Site”) or by using the Services (described below), you are bound by these Terms, the Breakthrough Funding Group Privacy Policy (available on the Site), and any other legal terms set forth on the Site (collectively, “Terms”). Certain Services may require you to accept additional terms.

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, DO NOT USE THE SITE OR THE SERVICES.

Introduction and Defined Terms

Breakthrough Funding Group helps qualified small business owners find business financing solutions through its network of approved lenders and finance providers. Breakthrough Funding Group is not a lender or finance provider and does not underwrite, approve, fund or collect on loans or other financial solutions. As with any legal obligation, you are urged to read and understand these Terms and any other legal documents presented to you through the Service. “Service” means the products, services and software you access or utilize, including any activity Breakthrough Funding Group undertakes to connect you to potential lenders or finance providers. “Account” refers to your registration with Breakthrough Funding Group and any information you voluntarily provide to Breakthrough Funding Group; “Account” in this context does not refer to any banking or financial accounts. Other words and phrases may be defined within the Terms in the context of their usage. The words “include,” “includes” and “including” are to be read as if they were followed by the phrase “without limitation”.

Changes to these Terms

We reserve the right to change, modify, add or remove portions of these Terms at any time without prior notice to you. Your continued use of the Site following posting changes means you accept and agree to the changes. The last revision date is listed at the top of the Terms. Please check these Terms periodically for changes.

Content

Breakthrough Funding Group owns or has permission to use all text, graphics, user interfaces, visual interfaces, photographs, trademarks (registered or unregistered), logos, sounds, artwork of any kind, and computer code (collectively, “Content”). Content includes without limitation the design, structure, coordination, selection, appearance, and arrangement of such Content. Your misuse of such Content may violate trade dress, copyright, trademark, and other intellectual property laws and unfair competition laws.

Use of Breakthrough Funding Group’s Site and Service

By using the Site or Services, you agree to the following:

User-Generated Content or Information Submissions. You are solely responsible for, and assume all liability regarding (i) information and content you provide through your use of the Site and any Services, (ii) your interaction with any third-parties, and (iii) your decision to accept any loan or financial service provided by a third party. You represent and warrant that you own or control all rights in and to the information you provide, and all such information will comply with these Terms. You understand and acknowledge that you are responsible for any information you submit or contribute, and you, not Breakthrough Funding Group, have full responsibility for such information, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any information provided by you or any other user of the Site. If you attempt to enter information to create a duplicate account, we may reject such activity and terminate your existing account.

Assumption of Risk; No Guarantees. You assume all risk when using the Service, and with any interactions with third-parties, including any lenders you are connected to. Furthermore, Breakthrough Funding Group may not connect every user with one or more lenders, and does not guarantee its ability to help you obtain lending or other financial services.

Truthful Information. You agree to provide accurate, true, current and complete information, and only information that belongs to you. If your information becomes outdated or changes, it is your obligation to update such information. YOU MAY NOT USE THE SITE OR SERVICES ON BEHALF OF ANOTHER PERSON OR BUSINESS, INCLUDING THE USE OF FICTITIOUS NAMES OR “SEEDS”.

Prohibited Uses. You agree not to use the Site:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that is not accurate and truthful and owned by you directly.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
• To impersonate or attempt to impersonate us, our employees, other users, or any other person or entity (including by using email addresses associated with any of the foregoing that do not belong to you).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site or expose them to liability.

Additionally, you agree not to:

• Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Site.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Site.

E-Sign Authorization and Applicant Certification

By using our esign/click to sign, each of the listed business and business owner/officer (individually and collectively, the “Applicant”) certifies that Applicant is authorized to submit this application on behalf of the named business. Applicant certifies that all information and documents submitted in connection with the submitted Application are true, correct and complete and may be relied upon by Breakthrough Funding Group. Applicant consents to receiving e-mails, SMS messages, telemarketing calls and messages, including calls using an automatic telephone dialing system, from Breakthrough Funding Group and those acting on its behalf at the telephone number Applicant has provided in the application (including your cellular phone number); agree that this consent applies even if the number Applicant has provided is currently on any state, federal, or corporate Do-Not-Call registry; and understand that Applicant is not required to provide this consent as a condition of receiving any lending services from Breakthrough Funding Group and that Applicant may apply for business credit by contacting us directly; and acknowledge that Applicant has read Breakthrough Funding Group’s Terms & Conditions and Privacy Policy and understand that Applicant may opt-out of receiving communications of your choice from Breakthrough Funding Group. Applicant shall immediately notify Breakthrough Funding Group of any material change in financial condition. Applicant authorizes Breakthrough Funding Group to share this application and all supporting documents with each of its representatives, successors, assigns and designees (“Recipients”), including those having daily repayment features or purchases of future receivables including Merchant Cash Advance transactions, Applicant further authorizes Breakthrough Funding Group and all Recipients to obtain consumer or personal, business and investigative reports and other information about Applicant, including comprehensive credit histories or hard credit pulls, credit card processor statements and bank statements, from one or more consumer reporting agencies, such as TransUnion, Experian and Equifax, and from other credit bureaus, banks, creditors and other third parties. Applicant also consents to the release, by any creditor or financial institution, of any information relating to Applicant, to Breakthrough Funding Group and to each of the Recipients, on its own behalf. Furthermore, Applicant hereby waives and releases any claims against Breakthrough Funding Group, all Recipients and any information providers arising from any act or omission relating to the requesting, receiving or release of the information obtained in connection with this application. This authorization shall be valid for one hundred twenty (120) days unless revoked in writing by Applicant.

FCRA Consent

Pursuant to the federal Fair Credit Reporting Act, the Applicant hereby authorizes Breakthrough Funding Group and its designated agents and representatives to conduct a comprehensive review of Applicant’s background through a consumer report and/or an investigative consumer report to be generated for employment, promotion, reassignment or retention as an employee. The Applicant understands that the scope of the consumer report/investigative consumer report may include, but is not limited to, the following areas: verification of Social Security number; current and previous residences; employment history, including all personnel files; education; references; credit history and reports; criminal history, including records from any criminal justice agency in any or all federal, state or county jurisdictions; birth records; motor vehicle records, including traffic citations and registration; and any other public records. By using our e-sign platform, the Applicant authorizes the complete release of these records or data pertaining to you that an individual, company, firm, corporation or public agency may have. You hereby authorize and request any present or former employer, school, police department, financial institution or other persons having personal knowledge of you to furnish Breakthrough Funding Group or its designated agents with any and all information in their possession regarding you in connection with an application of employment. Applicant is authorizing that a photocopy of this authorization be accepted with the same authority as the original.

License to Use Your Content

By providing information in any form to us via the Site or Service, you represent that you have the right to provide such information and you automatically grant to us an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. Occasionally, we may create, test or implement new features or services on the Site in which you may voluntarily participate. By participating in such features or programs, you grant us the rights stated in this paragraph to any information you provide to or through such features or services.

Allowed Disclosures

You acknowledge and agree that Breakthrough Funding Group may disclose information you provide if required to do so by law, at the request of a third-party, or if we, in our sole discretion, believe that disclosure is reasonable to (i) comply with the law, requests or orders from law enforcement, or any legal process (regardless if required by law); or (ii) protect or defend Breakthrough Funding Group’s, or a third-party’s, rights or property.

Information Security

We work hard to keep your information safe from unauthorized access, alteration, disclosure or destruction. In particular:

• We encrypt many of our Services using SSL.
• We regularly review our information collection, storage and processing practices, including physical security measures, to reduce the risk of unauthorized access to systems.
• We restrict access to personal information to Breakthrough Funding Group employees, contractors and agents who need to know that information to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.

Notwithstanding the foregoing, Breakthrough Funding Group may anonymously use the information from you and your use of the Services to continue Breakthrough Funding Group’s research into successful business practices and to improve the Services.

Links to Third-Party Sites and Dealings with Advertisers and Sponsors

The Site and Services may contain links to Sites of third-parties, including without limitation, advertisers, that are not under the control of Breakthrough Funding Group. Breakthrough Funding Group is not responsible for the content of any linked site or any link in a linked site, or any changes or updates to such Sites. Breakthrough Funding Group provides these links to you as a convenience; such links do not imply that Breakthrough Funding Group endorses or accepts any responsibility for the content of such third-party Sites. Your correspondence or business dealings with, or participation in promotions of, advertisers or third-parties found on or through the Site or Services are solely between you and such advertiser or third-party. You agree that Breakthrough Funding Group will not be responsible or liable for any loss or damage of any incurred as the result of the presence of such advertisers on the Site or Services. Please visit our Privacy Policy to learn more about how we use your information.

Opinions, advice, statements, offers, or other information or content provided through the Site or Services, but not directly by Breakthrough Funding Group, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Breakthrough Funding Group DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN Breakthrough Funding Group. UNDER NO CIRCUMSTANCES WILL Breakthrough Funding Group BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR SERVICES, OR TRANSMITTED TO OR BY ANY USERS.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BREAKTHROUGH FUNDING GROUP NOR ANY PERSON ASSOCIATED WITH BREAKTHROUGH FUNDING GROUP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER BREAKTHROUGH FUNDING GROUP NOR ANYONE ASSOCIATED WITH BREAKTHROUGH FUNDING GROUP REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR ANY PARTICULAR PURPOSE.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL BREAKTHROUGH FUNDING GROUP, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL BREAKTHROUGH FUNDING GROUP BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES.

Indemnification

You agree to defend, indemnify, and hold harmless Breakthrough Funding Group, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including any content or information you provide, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Communication and Privacy

You acknowledge and agree that we can use your email address to send you messages notifying you of important changes to the Services, and to provide reminders or other special offers we believe may be of interest to you. If you provide a mobile number, you agree we may contact you by telephone (including the use of robocalls, automatic dialer calls and SMS/text messages) to communicate with you regarding the Services and to share other special offers we believe may be of interest to you. If you do not want to receive such email messages, telephone calls or SMS/text messages, please refer to our Privacy Policy to review your options or opt-out directly by emailing Optout@breakthroughfundinggroup.com. Please note that all requests will be updated within 1 business day.

Term and Termination

These Terms are effective upon your use of the Site or Services and will remain in effect in perpetuity unless terminated. Either you or Breakthrough Funding Group may terminate your account for any reason, without explanation, effective upon written notice to the other party. Breakthrough Funding Group reserves the right to immediately suspend or terminate your access to the Services, without notice or explanation. We also may delete your account information or data from our Services and any other records at our sole discretion.

Terminating your account does not apply to or have any effect on any agreements with you and any other third party, including any lenders or other financial service providers you are connected with via our Service.

Access to Bank Records

Breakthrough Funding Group uses services provided by Plaid Technologies, Inc (or similar service provider) to obtain banking transaction data, authenticate accounts, verify data/identities/accounts/employment, reduce fraud, and other business purposes. For us to use Plaid’s (or other provider’s) services, you must agree to such use. When you agree to such use, those services are provided to us subject to any Terms of Use or other agreements between you and Plaid (or other provider).

Miscellaneous

Governing Law and Jurisdiction. These Terms shall be treated as though they were executed and performed in California and shall be governed by and construed under the laws of California (without regard to conflict of law principles). Any dispute arising out of or relating to these Terms shall be resolved in a binding arbitration under the auspices of the American Arbitration Association or JAMS in California under the then current Commercial Arbitration Rules of the American Arbitration Association or JAMS commercial rules.

CLASS ACTION WAIVER. ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR BREAKTHROUGH FUNDING GROUP WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.

LIMITATION ON TIME TO FILE CLAIMS. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Other. Unless otherwise explicitly stated, the Terms will survive termination of your registration to the Service. The failure of Breakthrough Funding Group to exercise or enforce any right or provision of these Terms constitutes no waiver of such right or provision. If any provision of these Terms is held invalid, the remainder of the Terms will continue in full force and effect.