Terms of Service

 

Welcome to the website of All Merchant Funding, a Virginia limited liability company (“All Merchant Funding”, “Company”, “we”, “our”, or “us”).  The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service”), govern your access to and use of https://allmerchantfunding.com (the “Website”), the Company’s services or its related database, software website application and online platform (collectively defined herein as, the “All Merchant Funding Service”), as a visiting user (“User”). The Website is a copyrighted work belonging to All Merchant Funding.

IF YOU USE THE ALL MERCHANT FUNDING SERVICE IN ANY FORM (INCLUDING, WITHOUT LIMITATION, NAVIGATING THE WEBSITE OR UTILIZING THE SOFTWARE WEBSITE APPLICATION OR ONLINE PLATFORM) YOU ACCEPT AND AGREE TO BE BOUND BY AND ABIDE BY THESE TERMS OF SERVICE AND THE ALL MERCHANT FUNDING PRIVACY POLICY WHICH IS EXPRESSLY INCORPORATED HEREIN.  PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING AN ALL MERCHANT FUNDING SERVICE.  If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Website. 

The All Merchant Funding Service is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions.  By using the All Merchant Funding Service, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements.  If you do not meet all of these requirements, you must not access or use the All Merchant Funding Service.

 

Changes to the Terms of Service 

We may revise and update these Terms of Service from time to time in our sole discretion and timing upon a notification on the Website or through email. You are responsible for providing us with your most current email. All revisions, updates, or changes are effective immediately when we post them to the Website, and apply to all access to and use of the Website User application thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction below will not apply to any disputes for which the parties have actual notice on, or prior to the date the revision, update, or change is posted on the Website.  Your continued use of the Website following the posting of revised, updated, or changed Terms of Service means and shall constitute your acceptance and agreement to the revision(s), update(s), or change(s).  You are expected to check, read and agree to this page when we send you a notification on our site or through email, prior to continuing to access or utilize the Company Service so you are aware of any revision, update, or change, as they are binding on you. 

 

Website Access 

We reserve the right to withdraw or amend the Website or any All Merchant Funding Services, and any product, service, or material we provide on the Website, in our sole discretion without notice. We will not be liable to you if, for any reason, any part of or the entire Website or All Merchant Funding Services are unavailable for your access or use at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, or the Services.

 

Payment Terms 

You acknowledge and agree that you will pay for all All Merchant Funding Services for which there is a charge, and that All Merchant Funding or its third-party payment processor may charge your credit card, debit card, or ACH your account, as provided by you at the time of purchase or at another time, including any taxes, late fees, and any other charges, costs, or fees associated therewith, that may be accrued or payable by you in connection with your purchase. 

 

Prohibited Uses

You may use All Merchant Funding only for lawful purposes and in accordance with these Terms of Service.  You agree not to use the All Merchant Funding Service:

  • 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).
  • For the purpose of exploiting, harming or attempting 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 which does not comply with the Content Standards (see Content Standards below) set out in these Terms of Service.
  • To transmit, or procure the sending of, any advertising or promotional material (without our prior written consent), including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or User screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

 

Additionally, you agree not to:

  • Use the All Merchant Funding Service in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the All Merchant Funding Service, including their ability to engage in real time activities through the All Merchant Funding Service.
  • Use any robot, spider or other automatic device, process or means to access the All Merchant Funding Service for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the All Merchant Funding Service 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 Website.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the All Merchant Funding Service via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

 

Intellectual Property Rights 

The Website, the All Merchant Funding Service, and the online platform, and its entire contents, features and functionality (including, but not limited to, all information, source code, algorithms, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are wholly owned by All Merchant Funding, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Service permit you to use the All Merchant Funding Service for your personal, non-commercial use only.  These Terms of Service do not constitute a sale or convey to you any rights, title, or interest of ownership in or related to the All Merchant Funding Service or any intellectual property rights owned by All Merchant Funding. All Merchant Funding, All Merchant Funding’s logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors.  You must not use such marks without the prior written permission of the Company.  All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one (1) copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

 

You must not:

  • Modify copies of any materials from an All Merchant Funding Service.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from an All Merchant Funding Service.

If you print, copy, modify, or otherwise use or provide any other person with access to any part of All Merchant Funding in breach of the Terms of Service, your right to use the All Merchant Funding Service will cease immediately and you must, at our option and direction, return or destroy any copies of the materials you have made.  Any use of the All Merchant Funding Service not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.

 

Copyright 

All Merchant Funding respects the intellectual property of others and asks that users of our Website do the same. In connection with our Website, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of Users who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our Users is, through the use of our Website, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to us. Please let us know as soon as possible. Please send the following information to All Merchant Funding,

  1. Your physical or electronic signature;
  2. Identification of the copyrighted work(s) that you claim to have been infringed;
  3. Identification of the material on our Services that you claim is infringing and that you request us to remove;
  4. Sufficient information to permit us to locate such material;
  5. Your address, telephone number, and e-mail address;
  6. A statement that you have a good faith belief that use of the objectionable material is not authorized by the owner, its agent, or under the law; and
  7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material facts (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorneys’ fees incurred by us in connection with the written notification and the allegation of copyright infringement.

 

User Contributions 

The Website may, now or in the future, contain areas where Users may post, without limitation, reviews, comments, videos, photos, and other content: and submit suggestions, ideas, comments, questions, or other information and other interactive features (collectively, “Interactive Services“) that allow Users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “Post“) content or materials (collectively, “User Contributions“) on or through the Website.  All User Contributions must comply with the Content Standards set out in these Terms of Service.  

Any User Contributions you Post to the Website will be considered non-confidential and non-proprietary.  By providing any User Contribution on the Website, you grant us and our affiliates and service providers, our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.  You represent, warrant, and covenant that (a) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us; (b) all of your User Contributions do and will comply with these Terms of Service; (c) your User Contributions, and any third party or User’s access or use of the same, are authorized by any third party and applicable government agency who owns or possesses any right or interest in or underlying the objects or property described therein; and (d) all User Contributions provided by you is accurate and complete in its requirement to satisfy the foregoing described representations and warranties.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.  We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Monitoring and Enforcement:  We reserve the right to (1) remove or refuse to post any User Contributions for any or no reason in our sole discretion; and (2) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.  NOTWITHSTANDING ANY OTHER TERMS AND CONDITIONS OF THE TERMS OF SERVICE, YOU WAIVE, RELEASE, AND SHALL INDEMNIFY AND RELEASE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material or User Contributions before it is Posted on the Website, and cannot ensure prompt removal of objectionable, inaccurate, or incomplete material after it has been Posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

Content Standards 

These content standards apply to any and all User Contributions and use of All Merchant Funding Services. You represent, warrant, and covenant that your User Contributions will, in their entirety, comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions shall not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on, without limitation, race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, ormisrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by All Merchant Funding or any other person or entity, if this is not the case.
  • Contain premises or similar content describing land, trails, or the like, of which you do not have the express right to Post by the same’s lawful owner or possessor entitled to extend such right of access and use by persons or Users.

 

Reliance on Information Posted 

The information presented on or through the All Merchant Funding Service is made available solely for general information purposes.  We do not warrant the accuracy, completeness or usefulness of this information.  Any reliance you place on such information is strictly at your own risk.  WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE WEBSITE, ALL MERCHANT FUNDING SERVICE, OR ONLINE PLATFORM, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.

 

The All Merchant Funding Service may include content provided by third parties, including materials or User Contributions provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services.  All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials.  These materials do not necessarily reflect the opinion of the Company.  We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

Information About You and Your Visits to the Website 

All information we collect on or through the All Merchant Funding Service is subject to our Privacy Policy.  By using the All Merchant Funding Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

Online Purchases and Other Terms and Conditions 

There may be online purchases made available through our Website. All purchases through our Website or other transactions for the sale of goods or services formed through the Website or as a result of visits made by you are governed by these Terms of Service.  Additional terms and conditions may also apply to specific portions, services or features of the Website.  All such additional terms and conditions are hereby incorporated by this reference into these Terms of Service.

 

Linking to the Website and Social Media Features 

You may link to our Website’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send e-mails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use the All Merchant Funding Service features solely as they are provided by us solely with respect to the content which they are displayed. Subject to the foregoing, you must not:

  • Establish a link to the Website from any website that is not lawfully owned by you.
  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Service.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Service.  You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease.  We reserve the right to withdraw linking permission without notice.  We may disable all or any social media features and any links at any time without notice in our discretion.

 

Links from the Website 

If the Website contains links to other sites and resources provided by third parties, we provide these links for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.  If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

Relationship of the Parties and Providers 

Users are not employees or agents of All Merchant Funding or any User.  The relationship between All Merchant Funding and a User is that of service provider/client.  No brokerage, agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these Terms of Service, regardless of what User Contributions are provided to the Website.

 

Miscellaneous 

Geographic Restriction: We provide this Website for use only by persons located in the United States.  We make no claims that the Website or any of its content is accessible or appropriate outside of the United States.  Access to the Website may not be legal by certain persons or in certain countries.  If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

Disclaimer of Warranties: EXCEPT AS OTHERWISE PROVIDED, THE ALL MERCHANT FUNDING SERVICE IS MADE AVAILABLE ON AN “AS IS” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY.  ALL MERCHANT FUNDING SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

Limitation of Liability: You acknowledge that, unless expressly stated on the Website, all User Contributions are provided by independent Users, not by All Merchant Funding.  ACCORDINGLY, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THE COMPANY HAS NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION OR USER CONTRIBUTIONS PROVIDED TO YOU BY SUCH USER THROUGH THE ALL MERCHANT FUNDING SERVICES. 

 

UNDER NO CIRCUMSTANCES WILL ALL MERCHANT FUNDING’S LIABILITY ARISING OUT OF, OR IN CONNECTION WITH, THESE TERMS OF SERVICE EXCEED THE AMOUNT CHARGED FOR ALL MERCHANT FUNDING SERVICES, IF ANY.  IN ADDITION, IN NO EVENT WILL ALL MERCHANT FUNDING, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MANAGERS, OR MEMBERS 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, THE ALL MERCHANT FUNDING SERVICES, THE ONLINE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, ALL MERCHANT FUNDING SERVICES, OR ONLINE PLATFORM 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, DEATH, DISABILITY, 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.  The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

 

Indemnification: You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, managers, members, 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 Service or your use of a All Merchant Funding Service, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Website.

 

Governing Law: These Terms of Service and the relationship between you and the Company will be governed by the laws of the Commonwealth of Virginia, without giving effect to any choice or conflict of law provision or rule whether of the Commonwealth of Virginia or any other jurisdiction.

 

Venue: Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or All Merchant Funding shall be instituted and litigated exclusively in the federal courts of the United States or the state courts of the city of Norfolk, in the Commonwealth of Virginia (although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your state of residence or any other relevant place). You waive any and all objections to the exercise of jurisdiction over you by such courts and to exclusive venue in such courts.

 

Dispute Resolution: Any dispute relating in any way to your use of All Merchant Funding, the Company, or to products or services you purchase through All Merchant Funding shall be submitted to confidential arbitration in the Commonwealth of Virginia in accordance with the then prevailing Commercial Arbitration Rules of the American Arbitration Association by a single arbitrator appointed in accordance with such rules.  The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.  To the extent you have in any manner violated or threatened to violate All Merchant Funding’s intellectual property rights, All Merchant Funding may seek injunctive or other appropriate relief in any state or federal court and you consent to exclusive jurisdiction and venue in such courts.

 

No Assignment: You may not assign your rights under these Terms of Service without our prior written consent, and any attempted assignment will be null and void.

 

Limitation on Time to File Claims: ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE ALL MERCHANT FUNDING SERVICES MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

Waiver: No failure by the Company to enforce any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

 

Severability: If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

 

Entire Agreement: The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and All Merchant Funding Inc., with respect to the All Merchant Funding Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website and All Merchant Funding Service.

 

Notices.  We may give notice to you by email or other reasonable means.  You shall give notice to Ally Merchant Funding, LLC by certified mail (postage pre-paid and return receipt requested) to:

All Merchant Funding
1545 Crossways Blvd
Chesapeake, VA 23322

QUESTIONS. Please contact us with any questions regarding these Terms of Service by emailing us at: funding@allmerchantfunding.com.