Terms of Service

1. About Us

Resurge Funding LLC ("Resurge Funding," "we," "us," or "our") is a financial services broker, not a bank or direct lender. We connect small business owners with a network of third-party lenders and funding providers ("Lenders") who may offer business financing products, including merchant cash advances. We do not make credit decisions, extend credit, or set financing terms — those decisions belong solely to the participating Lender.

2. Using Our Website and Services

• Age Restriction: You must be at least 18 years old to use our website and services, including phone calls and text messaging.
• Eligibility: You must be authorized to act on behalf of the business for which you're seeking financing, and the business must be legally organized and operating in the United States.
• Legal Use Only: You may not use our website, calls, or text messaging for any illegal or unauthorized purpose.
• Accuracy: You agree to provide accurate, complete, and truthful information. Providing false or fraudulent information may constitute fraud under federal and state law.
• Changes: We may modify, suspend, or discontinue any part of our website or services at any time, without notice.

3. Our Services

We provide financing matching, application processing, and related advisory services for small businesses seeking merchant cash advances and other financing solutions. Submitting an application or inquiry does not guarantee approval, an offer, or funding, and we cannot guarantee that any Lender will offer you financing or that the terms offered will be favorable to you.

4. Consent to Contact — Calls, Texts, and Email

By submitting your phone number, email address, or other contact information, you expressly consent to receive calls and text messages (SMS/MMS) from us and our Lender partners regarding your inquiry or application — including calls or texts made using an automatic telephone dialing system, an artificial or prerecorded voice, or similar automated technology — as well as emails about your inquiry, application, or related financing offers. Message and data rates may apply, and message frequency varies. This consent is not required as a condition of obtaining financing. You can opt out of texts at any time by replying "STOP," and opt out of calls or emails by contacting us at info@resurgefunding.com or 1 (888) 646-1822.

5. Fees and Compensation

We do not charge merchants any direct fees for submitting an application or using our matching services. We may receive compensation from Lenders when a financing transaction is successfully funded. Any fees tied to a specific financing product are set by the Lender and will be disclosed to you before you accept an offer.

6. Sharing Your Information with Lenders

To provide our services, we share the information you submit with Lenders in our network so they can evaluate and present financing offers to you. By using our services, you authorize this sharing. Once a Lender has your information, that Lender's own privacy practices govern its use of your data — we are not responsible for how a Lender handles information after it's shared. Our own collection and use of your information is described in our Privacy Policy.

7. Intellectual Property

All text, images, logos, software, and other content on our website are protected by copyright and other laws. You may not copy, distribute, modify, or otherwise use our content without our written permission.

8. No Guarantees

• Information: Content on our website is for general informational purposes only. We do not guarantee it is accurate, complete, or current.
• Outcomes: We do not guarantee approval, funding amount, rates, fees, or terms offered by any Lender. All offers are subject to the Lender's own underwriting criteria.

9. Third-Party Lenders and Links

Our Lenders are independent third parties, and we may also link to other third-party websites. We do not control, and are not responsible for, the content, terms, or practices of any Lender or other third-party site. Once you accept a financing offer, the resulting agreement is solely between you and that Lender — we are not a party to it.

10. Disclaimer of Warranties and Limitation of Liability

Our website and services are provided "as is" and "as available," without warranties of any kind, express or implied. We do not warrant that our services will be uninterrupted, error-free, or that any financing will be available to you.

To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, or consequential damages arising from your use of our website, services, or text messaging. Because we do not charge merchants any fees, our total liability to you will not exceed $100.

11. Indemnification

You agree to indemnify, defend, and hold harmless Resurge Funding LLC and its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, and expenses arising from your use of our services, your violation of these Terms, or any inaccurate information you provide.

12. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of our services will be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, rather than in court. Arbitration will be conducted in New York, NY.

Class Action Waiver: Any dispute resolution proceedings will be conducted on an individual basis only. You waive your right to participate in a class action lawsuit or class-wide arbitration.

13. Governing Law

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws principles.

14. Privacy

Your use of our services is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

15. Changes to These Terms

We may update these Terms at any time. If we do, we'll post the revised Terms on our website and update the "Last updated" date. Your continued use of our website or services after changes take effect means you accept the updated Terms.

16. Contact Us

If you have questions about these Terms, please contact us:

Resurge Funding LLC

Email: info@resurgefunding.com

Phone: 1 (888) 646-1822