Terms of Use

These Terms of Use shall become effective as of March 17, 2023

Introduction

This is a legal agreement between you and  MG Funding & Consulting, LLC, a Pennsylvania Limited Liability Company (“Company”), which may be contacted at mgfandc@gmail.com. By accessing this website, and any sub-sites of this website (together the “Site”), and/or using any of the Services (as defined below) accessible though the Site, you become a user and agree to, and are bound by, the terms and conditions of this agreement and this Privacy Policy (collectively, “Terms”) for as long as you continue to use the Site or Services. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, DO NOT USE THE SITE OR THE SERVICES. Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in the Terms or will be presented to you for your acceptance when you sign up to use such Services or purchase such products. Please check these Terms periodically for changes because we reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. Please see the beginning of the Terms to determine when the Terms were last revised.

THESE TERMS STATE THAT ANY DISPUTES BETWEEN YOU AND THE COMPANY MUST BE BROUGHT IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA, OR THE WESTERN DISTRICT OF PENNSYVLANIA.

1. Description of Services

The Company engages in several business services (the “Services”) for which a customer may use the Site. The Company reserves the right to cancel a portion of any of our Services at any time.

1. a. Marketplace Services

First, the Company matches qualified small business owners with active banks, credit unions, and other lending sources (the “Marketplace Services”). Through proprietary matching technology, we help business owners to identify the business loan category and specific lender(s) that offer the best opportunity for that business owner to prepare for and acquire a business loan. Once prepared, small business owners are then introduced to the most appropriate lending source via our proprietary technology

1. b. Referral Services

We may make referrals to you of other businesses to assist you.  Your use of those services shall be controlled by the terms of your agreement with that other service provider and the Company has no responsibility or liability for those services.

1. c. Other miscellaneous services

We may add additional products and services over time, and these Terms of Use shall apply to those additional services.

2. Use of Site and Service:

As a user of the Site you agree to the following:

a. Exclusive Use. Your account is to be used only by you and only for your business needs. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that we are not responsible for third-party access to your account that results from theft or misappropriation of your user name and passwords.

b. Information Submitted. You are solely responsible for, and assume all liability regarding (i) the information and content you provide through your use of the Site and any Services, (ii) the information and content you make available in any manner through the service, and (iii) your interaction with any and all third-parties. Any attempt to enter information to create a duplicate account will be rejected and your account will be put on hold.

c. Risk Assumption and Precautions. You assume all risk when using the Services, including but not limited to all of the risks associated with any interactions with third-parties, including but not limited to any lenders to which you are matched, referred or provided.

d. No Guarantees. We may not be able to provide matches for every individual or business seeking to use the Services. We make no guarantee as to the number of matches or the suitability of the business funding for any individual or business which utilizes the Services.

e. No False Information. You agree to provide accurate, true, current and complete information. In the event that we determine that the information that is provided is incomplete, fraudulent, false, or otherwise inaccurate, we reserve the right to terminate your access to the Services and to take any other action necessary or legally required.

f. Legal Purpose. You agree to not use the Site or Services for any illegal purpose. You will only use the Site or Service in accordance with federal, state and local laws.

g. Business Purpose. You agree to only use the Site or Services for a bona fide business purpose. You agree not to use the Site or Services for personal, family or household purposes. You may not use the Site or Services to obtain information about or make decisions about anyone but yourself and/or your business.

3. Intellectual Property Rights:

a. Ownership of Proprietary Information. You hereby acknowledge and agree that the Company is the owner of all rights in and to the Site and Services. Federal, state, and local laws and regulations protect these proprietary rights. You are permitted to use the Site and Services only as expressly authorized by these Terms. You may not copy, reproduce, distribute or create derivative works, reverse engineer or reverse compile any of the Site or Services or technology.

b. No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) confidential information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Site or Services, without first obtaining the prior written consent of the owner of such proprietary rights.

c. License to Provided Content. By providing information or content to any account or public area of the Site or Service, you automatically grant, and you represent and warrant that you have the right to grant, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, 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.

4. Links to Third Party Websites and Dealings with Advertisers and Sponsors:

The Site and Services may contain links to websites of third-parties, including without limitation, advertisers, which are not under the control of the Company.  We are not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such websites.  We provide these links to you as a convenience, and the inclusion of any link does not imply that we endorse or accept any responsibility for the content on such third-party websites. 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 we will not be responsible or liable for any loss or damage of any sort 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.

5. Disclaimer of Warranty:

No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. THE COMPANY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES. Third party content. Third-Party Content. Opinions, advice, statements, offers, or other information or content made available through the Site or Services, but not directly by The Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. THE COMPANY 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 THE COMPANY. UNDER NO CIRCUMSTANCES WILL THE COMPANY 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.

6. Limitation of Liability:

Incidental Damages and Aggregate Liability. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL THE COMPANY’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS TERMS OR THE USE OF THE SERVICES OR SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT OR SUBSCRIPTION, OR, IF YOU HAVE NOT PAID THE COMPANY FOR THE USE OF ANY SERVICES, THE AMOUNT OF USD $25.00 OR ITS EQUIVALENT. No Liability for non-Company Actions. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY 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.

Information Verification. The Company and its contractors may use various methods of verifying information that users have provided. However, none of those ways are perfect, and you agree that The Company and its contractors will have no liability to you arising from any incorrectly verified information.

7. Indemnification:

You agree to indemnify, defend and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of (i) your use of or inability to use the Site or Services, (ii) any user postings made by you, (iii) your violation of any terms of these Terms or your violation of any rights of a third-party, or (iv) your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

8. Dispute Resolution by Binding Arbitration:

ANY DISPUTES BETWEEN YOU AND THE COMPANY MUST BE BROUGHT IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA, OR THE WESTERN DISTRICT OF PENNSYVLANIA.  PRIOR TO THE FILING OF ANY CLAIM, THE PARTIES MUST FIRST MEDIATE THEIR DISPUTE.  THE MEDIATION SHALL OCCUR, UNLESS OTHERWISE AGREED BY THE COMPANY, IN PERSON IN PITTSBURGH, PENNSYLVANIA WITH A MEDIATOR MUTUALLY AGREEABLE BY THE PARTIES.  SHOULD THE PARTIES BE UNABLE TO AGREE ON A MEDIATOR, THE PARTIES SHALL EACH SELECT A MEDIATOR OR THIRD PARTY WHO SHALL AGREE ON THE THIRD PARTY MEDIATOR TO BE UTILIZED BY THE PARTIES.

9. Telephone communications and agreement to be contacted:

Call Recording and Monitoring. You acknowledge that telephone calls to or from the Company, together with its agents and affiliates, may be monitored and recorded and you agree to such monitoring and recording.

Providing Telephone Numbers and Other Contact Information. You verify that any contact information provided to the Company, including, but not limited to, your name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or terminate your account at any time. Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify us before the change goes into effect.

Your Consent to Receive Automated Calls/Texts. You acknowledge that by voluntarily providing your telephone number(s), you expressly agree to receive artificial voices, prerecorded voice messages, and/or autodialed calls and text messages (such as SMS, MMS, or successor protocols or technologies) from the Company, and third-parties acting on its behalf.  You may opt out of such communications by contacting the Company.

Your Indemnification to Us. You agree to indemnify the Company for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or its state law equivalent, including claims relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify us of any changes in your contact information, including telephone number. You agree to indemnify, defend and hold us harmless from and against any and all such claims, losses, liabilities, costs and expenses (including reasonable attorneys’ fees). We shall have the exclusive right to choose counsel, at your expense, to defend any such claims.

Release of Claims. In consideration of the services provided by the Company, you hereby release the Company from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities or other harms resulting from or relating to telephone calls or text messages, including without limitation any claims, causes of action, or lawsuits based on any alleged violations of the law (including, without limitation, the Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule, Fair Debt Collection Practices Act, or any similar state and local acts or statutes, and any federal or state tort or consumer protection laws).

General. You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service providers, mobile service, and other services needed to receive calls and text messages. Text messaging may only be available with select carriers with compatible handsets. Your obligations under this Section will survive termination of these Terms of Service.

10. General Provisions:

Controlling Law and Jurisdiction. You agree that Pennsylvania law (without giving effect to its conflicts of law principles) will govern these Terms, the Site and the Services and that any dispute arising out of or relating to these Terms, the Site or the Services will be subject to the exclusive jurisdiction and venue of the federal and state courts in Allegheny County, Pennsylvania. You acknowledge and agree that any violation of these Terms may cause the Company irreparable harm, and therefore agree that the Company will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that the Company may have for a breach of these Terms. These Terms, which you accept upon registration for the Services, the Privacy Policy located on the Site, and any applicable payment, renewal, additional services terms, comprise the entire agreement between you and the Company regarding the use of this Service, superseding any prior agreements between you and the Company related to your use of this Site or Services (including, but not limited to, any prior versions of this Terms). The FAQ’s found on the Services are for informational purposes only and are not deemed to be part of this Terms. Unless otherwise explicitly stated, the Terms will survive termination of your registration to the Service. The failure of the Company to exercise or enforce any right or provision of these Terms does not constitute a 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. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.

11. User Information:

a. Privacy Policy. For information about the collection and possible use of information and material provided by you, please visit the Company’s Privacy Policy located on the Site. By using the Site or the Services, you are consenting to the terms of the Company’s Privacy Policy.

b. Disclosure by Law. You acknowledge and agree that the Company 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 (whether or not such disclosure is required by applicable law); or (ii) protect or defend The Company’s, or a third-party’s, rights or property.

c. Information Security. We work hard to protect the Company and our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. In particular:

i. We encrypt many of our services using industry standard methods.

ii. We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems.

iii. We restrict access to personal information to the Company employees, contractors and agents who need to know that information in order 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.

d. Use of Anonymous Information for Research. By using the Site and/or Services, you agree to allow the Company to anonymously use the information from you and your experiences through the Services to continue The Company’s research into successful business practices and to improve the Services.

e. License Regarding Your Content. You retain all ownership interest in and to the content you provide to the Site or as part of your use of the Services. However, by submitting your content, including your personal and business information, you hereby grant to the Company a perpetual, non-exclusive, irrevocable, royalty-free license to reproduce, adapt, edit, modify, translate, publish, transfer, and/or distribute any of your content. This license specifically includes the right for the Company to make such content available to other trusted companies, organizations, and/or individuals with whom the Company has a business relationship in order to carry out the performance of the Services. As part of its performance of the Services, The Company may (i) transmit or distribute your information over various public networks and in various forms; and (ii) make necessary changes to your content in order to perform its obligations.

12. Restrictions:

You may not, and will make all reasonable efforts to make sure any third parties do not: Use the Services as a money services business, money transmitter, payment intermediary, aggregator, or service bureau or resell the Services in any manner. Use the Services on behalf of a third party in any manner. Abuse the Services in any manner. Use the Service in violation of any other agreement you may have, including without limitation, the agreement you have with WePay, Paypal, Square, Stripe, Plaid, or any of your financial accounts. Create a similar product or service through use of or access to the Service. Use the Service in violation of any law, regulation, or rule. Use the Service to perpetuate or commit a fraud of any kind. Use the Services in any way that is not authorized by the Company. Use the Service for personal bank accounts.

13. Content:

All text, graphics, user interfaces, visual interfaces, photographs, trademarks (whether registered or not), logos, sounds, artwork of any kind, and computer code (collectively, “Content”), including but not limited to the design, structure, coordination, selection, appearance, and arrangement of the Content, contained on the Site is owned by the Company and is protected by trade dress, copyright, trademark, and other property laws and unfair competition laws. Any misuse of the Content will be at your peril and the Company will do all that is lawful to enforce and protect the Content.

14. Confidentiality:

We will take every reasonable precaution to protect your account and account information, however, we cannot guarantee the security of any information you disclose. This includes your sharing of account information with any third party, including employees, contractors, vendors, suppliers, etc. of your business. You agree and acknowledge that the security of your data is your responsibility.

Your use of the Services is further governed by our Privacy Policy.

15. Notification of Terms of Use Changes:

We may update these Terms of Use to reflect changes to our business operations and the methods by which we work with you, including changing vendors, and other policies relevant to our Services. If we make any material changes by means of a notice on this Site. We encourage you to periodically review this page for the latest information on our Terms of Use. When we make changes to these Terms of Use we will revise the revision date at the top of the Terms of Use.

16. Term and Termination:

This agreement will become effective upon your acceptance of the Terms by your use of the Site or Services and will remain in effect in perpetuity unless terminated hereunder. The Company may terminate your account at any time, for any reason or no reason, without explanation, effective upon written notice to the other party. The Company reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to refuse to remove your account information or data from our Services and any other records at any time to comply with legal and regulatory requirements. In the event your access to any of the Services is suspended due to the breach of these Terms, you agree that all fees then paid to the Company by you will be nonrefundable and all outstanding or pending payments will immediately be due. You may terminate your account by following the steps in the applicable section under “Cancellations.”