Conditions d'utilisation

1. Acceptation de ces conditions

These Terms of Service (these "Terms") form a legally binding agreement between you and Tree of Life Funding, Inc. ("Tree of Life Funding," "we," "us," or "our") and govern your access to and use of our websites, including https://www.treeoflifefunding.com, together with our online application forms, applicant dashboard, partner and ISO portals, community forum, calculators and tools, content, email and text-message programs, and all related products, features, and services (collectively, the "Services").

By accessing or using the Services, creating an account, submitting an application or inquiry, checking a box or clicking a button indicating your acceptance, or otherwise interacting with the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, you must not access or use the Services.

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT PROVISIONS, INCLUDING YOUR CONSENT TO RECEIVE AUTODIALED AND PRERECORDED CALLS AND TEXT MESSAGES (SECTION 7), YOUR CONSENT TO ELECTRONIC RECORDS AND SIGNATURES (SECTION 8), YOUR AUTHORIZATION OF CREDIT AND BACKGROUND INQUIRIES (SECTION 9), DISCLAIMERS OF WARRANTIES (SECTION 18), A LIMITATION OF LIABILITY (SECTION 19), AND A WAIVER OF JURY TRIAL AND CLASS ACTIONS (SECTION 21).

If you accept these Terms or use the Services on behalf of a business or other entity, you represent and warrant that you are authorized to bind that entity, and "you" and "your" refer to both you individually and that entity.

We may revise these Terms from time to time. The "Last Updated" date at the top of this page reflects the most recent revision. Changes are effective when posted unless we state otherwise or as required by law. For material changes we will take reasonable steps to provide notice (for example, by posting a notice on the Services or contacting you). Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms.

2. Définitions

• "Applicant" means a business or its authorized representative that submits a funding inquiry or application through the Services.
• "Funding Partner" means an independent third-party lender, funder, bank, broker, financial institution, or capital provider in our network to whom we may submit or refer your information.
• "Partner" or "ISO" means an independent sales organization, broker, referral source, or marketing affiliate that participates in our partner or referral program.
• "User Content" means any content you submit, post, upload, or transmit through the Services, including forum posts, messages, documents, and other materials.
• "Application Information" means the personal, business, and financial information and documentation you submit in connection with a funding inquiry or application.

3. Nature des services; nous ne sommes pas un prêteur

Tree of Life Funding, Inc. operates a business-funding marketplace and lead-origination platform. We help small and medium-sized businesses explore financing options by collecting Application Information, matching businesses with Funding Partners, and facilitating the application and underwriting process. We may receive compensation, fees, or commissions from Funding Partners or Partners in connection with applications, referrals, or funded transactions.

EXCEPT WHERE WE EXPRESSLY STATE OTHERWISE IN A SIGNED WRITING FOR A SPECIFIC TRANSACTION, TREE OF LIFE FUNDING, INC. IS NOT A BANK, CREDIT UNION, OR DIRECT LENDER, AND DOES NOT MAKE CREDIT OR FUNDING DECISIONS. All funding offers, rates, factor rates, amounts, fees, terms, approvals, and declines are made solely by independent Funding Partners under their own criteria, agreements, and disclosures.

We do not guarantee that you will receive any offer, any particular rate or amount, or any funding. Any financing you obtain is a separate transaction between you and the applicable Funding Partner and is governed by that party's own agreements and disclosures, which control over any general information on the Services.

Nothing on the Services constitutes legal, tax, accounting, financial, or investment advice, and no fiduciary or advisory relationship is created by your use of the Services. You should consult your own qualified professionals before making financial decisions.

4. Admissibilité et autorité

You may use the Services only if you are at least 18 years old, have the legal capacity to enter into binding contracts, and are not barred from using the Services under applicable law. The Services are intended for business and commercial purposes in the United States; they are not directed to consumers seeking personal, family, or household credit and are not offered for personal consumer loans.

• You represent and warrant that all information you provide is true, accurate, current, complete, and not misleading, and that you will keep it updated.
• You represent that you are an owner, officer, or authorized representative of the business for which you submit information and that you are authorized to provide that information and these authorizations.
• You will use the Services only for lawful business purposes and in compliance with these Terms and all applicable laws.

5. Inscription et sécurité du compte

Certain features require an account (for example, the applicant dashboard, Partner/ISO portal, forum participation, or administrative access). You agree to provide accurate registration information and to keep it current. You are responsible for safeguarding your login credentials and for all activity that occurs under your account.

• Notify us immediately at info@treeoflifefunding.com if you suspect any unauthorized access to or use of your account.
• Do not share credentials, allow others to access your account, or use another person's account without authorization.
• We may refuse, suspend, restrict, or terminate accounts at our discretion, including for suspected fraud, security risks, inactivity, or violation of these Terms.

6. Demandes, offres, souscription et financement

Your authorization to process and share your information

When you submit a funding inquiry or application, you authorize us to collect, use, store, and share your Application Information with one or more Funding Partners and service providers so they can evaluate, underwrite, contact you about, and potentially offer or provide financing. You authorize us and our Funding Partners to verify and supplement the information you provide using third-party sources.

Not an offer of credit

Information on the Services—including calculators, estimators, examples, illustrative pricing, marketing copy, and any pre-qualification or "soft" eligibility results—is for general informational purposes only. It is not a commitment to lend, an offer or solicitation of credit, or a guarantee of approval, rate, factor rate, term, fee, or funding amount. Final terms are determined solely by the Funding Partner you select or are matched with and are set forth in that party's separate agreements.

Documents, verification, and identity

You agree to provide truthful documentation when requested, which may include government-issued identification, a photograph or "selfie" for identity verification, business formation and ownership records, tax returns, financial statements, and bank statements. You authorize us and our Funding Partners and service providers to verify your identity and information, including through bank-connection providers, identity-verification vendors, and fraud-prevention tools, and where you elect, to access bank account data you connect.

Recording and monitoring of communications

To the extent permitted by law, we and our Partners may monitor and record telephone calls and other communications with you for quality assurance, training, verification, compliance, and recordkeeping. By communicating with us, you consent to such monitoring and recording.

Accuracy; fraud

Submitting false, misleading, or fraudulent information, or impersonating another person or business, is prohibited and may be reported to Funding Partners, fraud databases, and law enforcement. You are responsible for the accuracy of all information you submit.

7. Consentement aux appels et messages texte (TCPA)

By providing your telephone number(s) and submitting an inquiry, application, or other request, you expressly consent to receive telephone calls and text (SMS/MMS) messages from us, our Funding Partners, and our and their service providers and Partners at the number(s) you provide, including for purposes of processing and discussing your request, account servicing, and—where you have consented—marketing.

You agree that such calls and messages may be made or sent using an automatic telephone dialing system, an automated or prerecorded voice, or other automated technology, even if your number is on a federal or state Do-Not-Call list. Your consent is not a condition of obtaining any product or service; you may instead contact us directly at (561) 247-8341 or info@treeoflifefunding.com.

Message frequency, rates, and opt-out

• Message frequency varies based on your activity and requests.
• Message and data rates may apply, and you are responsible for any charges from your wireless carrier.
• To stop text messages, reply STOP to any message from the relevant program; you may receive a final confirmation message. For help, reply HELP or contact us using the details below.
• To stop telephone marketing calls, you may ask to be placed on our internal do-not-call list during any call or by contacting us.
• Opting out of one program or channel may not opt you out of others; transactional or servicing communications related to an active application or account may continue as permitted by law.

Carriers are not liable for delayed or undelivered messages. You represent that you are the subscriber or customary user of, and are authorized to provide consent for, any number you give us, and you agree to notify us if you relinquish a number.

8. Communications électroniques et consentement E-SIGN

By using the Services, you consent to conduct business electronically and to receive communications, agreements, disclosures, notices, and records from us in electronic form, including by email, text message, or by posting on the Services. You agree that electronic records and electronic signatures have the same legal effect as paper records and handwritten signatures and satisfy any legal requirement that such communications be in writing.

• To access and retain electronic records, you need a device with internet access, a current web browser, and a valid email address, plus the ability to view and save PDF or HTML documents.
• You may withdraw your consent to receive certain records electronically or request a paper copy by contacting us, though doing so may delay or prevent your use of certain Services and may not apply to records you have already agreed to receive electronically.
• Keep your contact information current by updating your account or contacting us at info@treeoflifefunding.com.

9. Autorisation de crédit, antécédents et vérification

In connection with your inquiry or application, you authorize us and our Funding Partners to obtain, use, and share information about you and your business from consumer reporting agencies, commercial credit bureaus, banks, and other sources, and to make credit, background, identity, and fraud inquiries, as part of evaluating, underwriting, servicing, or collecting on a transaction.

Initial exploration may involve a "soft" inquiry or no credit pull, as described in the applicable application flow. If you proceed with a specific Funding Partner, that party may perform "hard" inquiries that can affect credit scores, as disclosed at that stage and governed by that party's separate authorization and agreements. You authorize these inquiries each time you submit or advance an application.

Where applicable, this authorization is intended to satisfy requirements under the federal Fair Credit Reporting Act (FCRA) and similar laws permitting access to consumer and commercial reports for a permissible purpose.

10. Partenaires, ISO et programme de référencement

If you participate in our Partner, ISO, broker, or referral program, additional commercial terms apply under a separate written agreement (the "Partner Agreement"). In the event of a conflict between these Terms and a Partner Agreement regarding the partner relationship, the Partner Agreement controls.

• You represent that you have all necessary authority and consents to submit leads and client information to us and that you have provided all legally required disclosures to the individuals and businesses whose information you submit.
• You will comply with all applicable laws when marketing the Services or our Funding Partners, including telemarketing, do-not-call, text-messaging, email (CAN-SPAM), advertising, consumer-protection, privacy, and financial-services laws.
• You will not make false, misleading, or unauthorized representations about ${name}, Funding Partners, or any product, rate, or approval.
• Commission structures, qualification criteria, chargebacks, clawbacks, and compliance obligations are governed by your Partner Agreement and program policies, which we may update from time to time.

11. Contenu utilisateur et forum communautaire

The Services may allow you to submit User Content, including posts in our community forum. You retain ownership of your User Content, but you grant Tree of Life Funding, Inc. a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, display, adapt, publish, and distribute your User Content as needed to operate, provide, and promote the Services, to the extent permitted by law and our Privacy Policy.

You are solely responsible for your User Content and represent that you have the rights necessary to submit it and that it does not violate these Terms or any law or third-party right. When using the forum or other interactive features, you agree not to post content that is unlawful, defamatory, harassing, fraudulent, infringing, obscene, or that discloses others' confidential or personal information without authorization.

We may, but are not obligated to, monitor, moderate, edit, or remove User Content and may suspend or terminate access for violations. We are not responsible for User Content or for views expressed by users.

12. Utilisation acceptable et conduite interdite

You agree not to, and not to permit any third party to:

• Submit false, misleading, fraudulent, or stolen identity, business, or financial information, or impersonate any person or entity.
• Use the Services for any unlawful, fraudulent, deceptive, or abusive purpose, or in violation of these Terms.
• Scrape, crawl, spider, data-mine, or use bots or automated means to access, harvest, or copy data from the Services without our prior written permission.
• Reverse engineer, decompile, or attempt to derive source code, or copy, modify, or create derivative works of the Services except as permitted by law.
• Introduce malware, viruses, or harmful code, or interfere with, disrupt, overburden, or attempt to gain unauthorized access to the Services, accounts, or systems.
• Circumvent or attempt to circumvent rate limits, security, authentication, access controls, or geographic restrictions.
• Use the Services to send spam or unsolicited communications, or to harass, threaten, defame, or discriminate in violation of law.
• Resell, sublicense, or commercially exploit the Services except as expressly permitted in a Partner Agreement.
• Infringe or misappropriate any intellectual property, privacy, or other right of any person or entity.

13. Propriété intellectuelle; licence; restrictions

The Services, including all software, text, graphics, logos, designs, layouts, and other content (excluding User Content), are owned by Tree of Life Funding, Inc. or our licensors and are protected by copyright, trademark, and other intellectual property laws. "Tree of Life Funding," our logos, and related marks are trademarks of Tree of Life Funding, Inc.; you may not use them without our prior written consent.

Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for their intended business purpose. All rights not expressly granted are reserved. You may not copy, distribute, modify, frame, scrape, or create derivative works from the Services except as expressly permitted.

14. Plaintes relatives au droit d'auteur (DMCA)

We respect intellectual property rights. If you believe content on the Services infringes your copyright, send a written notice to info@treeoflifefunding.com that includes: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the allegedly infringing material and its location; (d) your contact information; (e) a statement that you have a good-faith belief the use is not authorized; and (f) a statement, under penalty of perjury, that the information is accurate and that you are the owner or authorized to act on the owner's behalf. We may remove allegedly infringing content and terminate repeat infringers.

15. Commentaires

If you provide suggestions, ideas, or other feedback about the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and exploit that feedback for any purpose without restriction, attribution, or compensation.

16. Services, liens et bénéficiaires tiers

The Services may integrate with or link to third-party websites, Funding Partners, payment processors, bank-connection providers, analytics and advertising tools, chat widgets, and other services that we do not control. We are not responsible for third-party content, products, policies, or practices, and your use of third-party services is at your own risk and subject to their terms and privacy policies.

Funding Partners are intended third-party beneficiaries of your representations, authorizations, and consents in these Terms (including Sections 6, 7, and 9) to the extent those provisions relate to them, and may rely on and enforce them.

17. Outils, calculateurs et fonctionnalités bêta

Calculators, estimators, and similar tools provide illustrative results based on the inputs and assumptions you supply and are not offers, quotes, or guarantees. Actual rates, payments, fees, and eligibility depend on your business profile and the products offered by Funding Partners. We may offer features identified as beta, preview, or experimental "as is," and may modify or discontinue them at any time.

18. Confidentialité

Our collection and use of personal information in connection with the Services is described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you acknowledge our Privacy Policy.

19. Avis de non-responsabilité

THE SERVICES, INCLUDING ALL CONTENT, TOOLS, AND THIRD-PARTY MATERIALS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR ANY CONTENT ARE ACCURATE, COMPLETE, RELIABLE, OR FREE OF HARMFUL COMPONENTS. WE MAKE NO WARRANTY REGARDING ANY FUNDING PARTNER, OFFER, OR THE AVAILABILITY, TERMS, OR APPROVAL OF ANY FINANCING.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

20. Limitation de responsabilité

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TREE OF LIFE FUNDING, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES, THESE TERMS, OR ANY FINANCING OR INTERACTION WITH A FUNDING PARTNER OR PARTNER, WHETHER BASED ON CONTRACT, TORT, STATUTE, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE AMOUNTS YOU PAID DIRECTLY TO US FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

THESE LIMITATIONS ARE A FUNDAMENTAL BASIS OF THE BARGAIN. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU; IN THAT CASE OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

21. Indemnisation

You agree to defend, indemnify, and hold harmless Tree of Life Funding, Inc. and its officers, directors, employees, agents, affiliates, and licensors from and against any claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Services; (b) your User Content or Application Information; (c) your violation of these Terms or any law; (d) your violation of any third-party right, including privacy and intellectual property rights; or (e) for Partners, your marketing or submission of leads. We may assume the exclusive defense and control of any matter subject to indemnification, in which case you will cooperate with us.

22. Résolution des différends; droit applicable; renonciation au jury et aux recours collectifs

Governing law

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Florida, without regard to its conflict-of-law principles, except that federal law governs where applicable.

Informal resolution first

Before initiating any formal proceeding, you agree to first contact us at info@treeoflifefunding.com and describe your dispute, and to attempt in good faith to resolve it informally for at least thirty (30) days. Many disputes can be resolved this way.

Forum and venue

Except where prohibited by law, you and Tree of Life Funding, Inc. agree that any dispute not resolved informally will be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and you consent to the personal jurisdiction of, and venue in, those courts and waive any objection based on inconvenient forum.

Jury trial and class action waiver

TO THE EXTENT PERMITTED BY LAW, YOU AND TREE OF LIFE FUNDING, INC. EACH WAIVE ANY RIGHT TO A TRIAL BY JURY AND AGREE THAT DISPUTES WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

Time limit to bring claims

To the extent permitted by law, any claim arising out of or relating to the Services or these Terms must be filed within one (1) year after the claim arose; otherwise it is permanently barred.

Nothing in this Section limits rights that cannot be waived under applicable law, and consumers may have additional non-waivable rights under the law of their state.

23. Exportation, sanctions et anticorruption

You represent that you are not located in, organized under the laws of, or ordinarily resident in any country or region subject to comprehensive U.S. sanctions, and that you are not on any U.S. government list of prohibited or restricted parties (including the U.S. Treasury Department's Office of Foreign Assets Control (OFAC) lists). You agree to comply with all applicable export control, sanctions, and anti-corruption laws and not to use the Services in violation of them.

24. Force majeure

We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, epidemics or pandemics, war, terrorism, civil unrest, labor disputes, governmental action, utility or network failures, outages of third-party providers, or cyberattacks.

25. Durée, suspension et résiliation

These Terms remain in effect while you use the Services. We may modify, suspend, restrict, or discontinue all or part of the Services at any time, with or without notice. We may suspend or terminate your access immediately if you breach these Terms, pose a security or legal risk, or as otherwise permitted by law. You may stop using the Services at any time. Provisions that by their nature should survive termination will survive, including Sections 6 through 25 and the contact and general provisions.

26. Licences d'État et divulgations

Commercial financing is regulated differently across jurisdictions, and certain states require specific disclosures, registrations, or licenses for commercial financing and brokering activities. Where required, applicable disclosures will be provided to you during the application process or by the relevant Funding Partner. Availability of products and Services may vary by state.

27. Dispositions générales

• Entire agreement: These Terms, the Privacy Policy, any Partner Agreement, and any product-specific disclosures constitute the entire agreement between you and us regarding the Services and supersede prior agreements on that subject.
• Severability: If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will remain in full force and effect.
• No waiver: Our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment: You may not assign or transfer these Terms without our prior written consent; any attempted assignment is void. We may assign these Terms, including in connection with a merger, acquisition, financing, reorganization, or sale of assets.
• Relationship: No agency, partnership, joint venture, or employment relationship is created by these Terms.
• Notices: We may provide notices to you by email, posting on the Services, or other reasonable means; you may send notices to us using the contact details below.
• Headings: Section headings are for convenience only and do not affect interpretation.
• Governing language: These Terms are written in English, which controls over any translation.

28. Nous contacter

Questions about these Terms can be directed to:

• Tree of Life Funding, Inc.
• 12000 Biscayne Blvd, Miami, FL 33181
• Email: info@treeoflifefunding.com
• Phone: (561) 247-8341
• Website: https://www.treeoflifefunding.com