Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.
## Business Capital Services
If you wish to apply for or purchase any business funding product or service made available through the Service ("Application" or "Purchase"), you may be asked to supply certain information relevant to your business funding needs including, without limitation, your business financial statements, tax returns, bank statements, credit information, business documentation, and other financial data. You represent and warrant that: (i) you have the legal authority to bind your business to any funding agreements; and that (ii) all information you supply to us is true, accurate, complete, and up-to-date.
The Service may employ the use of third-party lenders, funding partners, and financial service providers for the purpose of facilitating business capital funding and completing transactions. By submitting your information, you grant us the right to provide the information to these third parties and funding partners subject to our Privacy Policy. We reserve the right to refuse or decline your funding application at any time for reasons including but not limited to creditworthiness, business eligibility requirements, incomplete documentation, funding partner availability, or other underwriting criteria. We reserve the right to refuse or cancel your application if fraud or misrepresentation is suspected.
## Funding Availability, Errors, and Accuracy
We are constantly updating funding products and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service regarding funding rates, terms, availability, and requirements may contain errors or inaccuracies and may not be complete or current. Funding products may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any funding information found on the Service. We, therefore, reserve the right to change or update funding information and to correct errors, inaccuracies, or omissions at any time without prior notice.
## Links To Other Websites
Our Service may contain links to third-party websites or services including lender websites, financial service providers, or business resources that are not owned or controlled by The Cash Flow Hub. The Cash Flow Hub, LLC has no control over and assumes no responsibility for the content, privacy policies, funding terms, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that The Cash Flow Hub shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, funding products, or services available on or through any such third party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit, especially those of funding partners and lenders.
## Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms or misrepresentation of business information. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
## Indemnification
You agree to defend, indemnify and hold harmless The Cash Flow Hub and its licensee and licensors, 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), resulting from or arising out of a) your use and access of the Service, b) a breach of these Terms, or c) any misrepresentation of business or financial information provided in connection with funding applications.
## Limitation of Liability
In no event shall The Cash Flow Hub, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, business opportunities, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; (iv) any funding decisions made by third-party lenders or funding partners; and (v) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
## Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. The Cash Flow Hub, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; d) the results of using the Service will meet your requirements; or e) that funding will be approved or available through our platform.
## Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
## Governing Law
These Terms shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
## Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
## SMS Opt-IN
You have express written consent before sending promotional messages regarding business funding opportunities to any consumer. This consent may be delivered in several ways, such as asking all consumers to opt-in by texting a keyword to a unique short-code or filling out an online form. We are required to be fully transparent with full communication access with always mentioning The Cash Flow Hub. The standard messaging and text rates may apply. All Consumers have the ability to opt-out at any time. Reply STOP to opt-out. To opt back in you can reply START or confirm your decision by emailing [email protected]
If you purchase an Individual Plan, you are a Premium Client, which gives you access to premium features, such as: Delivering SMS messages to carriers that are blocked for free users, and Delivering messages with extended length.
## Consent to Receive Periodic Messages
As part of the Services, you will receive communications through the Services, including messages that The Cash Flow Hub sends you (for example, via SMS, emails, and push notifications). When a Administrator adds new funding products, services, or educational material, that Participant will receive a welcome message, instructions on how to stop receiving messages. The Cash Flow Hub may inform Participants who have not replied that they will automatically be removed from the funding program or group. The Cash Flow Hub may also send other administrative messages regarding your funding application status, required documentation, or funding opportunities. BY SIGNING UP FOR THE SERVICES, YOU AGREE TO RECEIVE COMMUNICATIONS FROM THE CASH FLOW HUB. If you connect to or use any third party services in conjunction with The Cash Flow Hub, you acknowledge and consent to receive notifications and messages from those third party services. You agree to indemnify and hold The Cash Flow Hub harmless for and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to your breach of the foregoing. To permanently cease receiving SMS text messages, please text STOP.
If you are located in Canada, you may opt out of receiving marketing messages (including text messages and emails); however, you may still receive text message and email communications that are necessary for the Services or otherwise exempt from anti-spam laws.
## Contact Us
If you have any questions about these Terms, please contact us at [email protected]
## Refunds