Application Agreement
These Terms were last revised on December 4, 2022
By indicating your agreement to these terms (or example, by clicking the button where you accept these Application Agreement), you, in your individual capacity, represent:
- You are authorized on behalf of yourself and the business listed in the application (collectively the “Applicant”) to make and submit this application, to submit any accompanying documents, and to provide the consents and authorizations set out below.
- You are submitting this application to FundKite and to third-party lenders, finance companies, and/or other third parties that are involved with or provide commercial loans or purchases of receivables (collectively “Recipients”)
- If this application is approved, you are authorized to sign business financing documentation on behalf of the Applicant. Please be advised that some business financing products may require a personal guaranty.
- All information provided to FundKite and/or its trusted partners is accurate and complete and that you will immediately notify FundKite of any change in such information.
- FundKite and Recipients may rely on the accurateness of the information provided.
- FundKite may share all information and documents, excluding consumer credit reports, with its trusted partners to fulfill Applicant’s requests.
- FundKite and recipients may share information they have about you and Applicant at any time for administrative, marketing and servicing purposes as permitted by law and that your personal information may be shared with the Applicant as part of the underwriting process.
- You and the Applicant waive and release any claims against any information provider relating to the release of information.
- You agree to and accept all terms of the FundKite Credit Gathering Authorization found here, which includes permission given to FundKite and Recipients to pull your credit report and other information about the Applicant.
BY USING FundKite’S WEBSITE AND/OR REQUESTING THAT FundKite CONTACT YOU FOR MARKETING PURPOSES, YOU AGREE TO ARBITRATE ALL CLAIMS BETWEEN YOU AND FundKite (AND ANY ENTITY CALLING ON BEHALF OF FundKite) ON AN INDIVIDUAL BASIS ONLY AND NOT AS A PART OF ANY CLASS. A “CLAIM” IS ANY CASE, CONTROVERSY, DISPUTE, TORT, DISAGREEMENT, LAWSUIT, LEGAL ACTION, OR CLAIM NOW OR HEREAFTER PENDING BETWEEN YOU AND FundKite, INCLUDING BUT NOT LIMITED TO ANY ALLEGED STATE OR FEDERAL STATUTORY VIOLATION, OR ANY DISPUTE OVER THE INTERPRETATION OF THE APPLICATION AGREEMENT OR THE ARBITRABILITY OF ANY CLAIM PURSUANT TO THE APPLICATION AGREEMENT. THIS AGREEMENT TO ARBITRATE GOVERNS ALL PAST, CURRENT AND PROSPECTIVE INTERACTIONS WITH FundKite. YOU AGREE THAT YOU ARE WAIVING ALL RIGHTS TO: (A) A TRIAL BY JURY; (B) PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION; AND (C) BRING AN ACTION AGAINST FundKite IN A COURT OF LAW. YOU MAY INDIVIDUALLY ARBITRATE ANY CLAIM AGAINST FundKite IN ANY JURISDICTION IN THE UNITED STATES. THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION THEN IN FORCE SHALL GOVERN THE ARBITRATION (provided, however, that the terms of the FundKite Application Agreement and Terms of Use shall control over any inconsistency between the Rules of the American Arbitration Association and the Application Agreement). The arbitrator shall have authority to interpret the Application Agreement, including but not limited to the authority to decide whether any claim is arbitrable under the Application Agreement and to decide issues related to the scope of arbitration, the rules of arbitration, the arbitrator’s jurisdiction, and the enforceability of the Application Agreement. You agree that the Terms Application involves commerce under 9 U.S.C. Sections 1 et seq. and that this Arbitration Clause is governed by federal law, including the Federal Arbitration Act. The remainder of the Application Agreement is governed by the laws of the state of New York, as provided in the Terms of Use.
YOU UNDERSTAND THAT THIS IS AN APPLICATION FOR PURCHASE OF FUTURE RECEIVABLES AND THAT ANY FUNDS OFFERED TO APPLICANT MAY NOT BE USED FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES.
IMPORTANT INFORMATION ABOUT OPENING A NEW ACCOUNT
Federal law requires all financial institutions to obtain, verify and record information that identifies each person and entity that opens an account or establishes a relationship with such institution, including name, address, date of birth, social security or tax identification number and other information that will allow the financial institution to verify your and/or the entity’s identity. You may also be asked to provide identifying documents.
