Terms of Use

These Terms of Use (“Terms”) govern your access to and use of the website and online request form at fundvista.net (“FundVista,” “we,” “us,” or “our”). FundVista is a trading name of FundVista LLC, a Washington limited liability company. By accessing this site or submitting a funding request, you agree to these Terms. If you do not agree, please do not use the site and do not submit a request.

1. What we are, and what we are not

FundVista is a connection provider and marketplace for revenue-based business funding. We collect the information you choose to submit about your business and pass it to third-party funders in our network so that they can decide whether to contact you with an offer of a merchant cash advance (“MCA”).

A merchant cash advance is the purchase of a portion of your business’s future receivables in exchange for funds provided up front. It is not a loan. The amount your business remits is a fixed cost (the purchase price multiplied by a factor), not interest, and it is never expressed as an annual percentage rate.

FundVista is not a funder. We do not provide advances, we do not decide whether your business is funded, we do not set or influence any purchase price, factor, fee or remittance term, and we are not a party to the final Revenue Purchase Agreement executed between your business and a third-party funder. We expressly disclaim any liability arising from those third-party agreements. Every funding decision is made solely by the funder, under its own criteria and its own agreement with you. We are not a bank, we do not endorse or recommend any funder in our network, and we do not guarantee that any agreement is the best available.

2. Eligibility and commercial use only

Our service is offered only to small businesses and to self-employed individuals who operate a business, and only for commercial purposes. It is not a consumer product, is not offered to individuals in a personal capacity, and is not intended for personal, family or household use.

To submit a request you must be at least 18 years old, be the owner of, or authorized to act on behalf of, a business located in the United States, and have a valid email address and telephone number. Funders in our network generally look for a business that has been operating for about 3 months, with average monthly revenue of about $1,500 and a business bank account. Advances requested through this site range from $100 to $5,000. Meeting these criteria does not guarantee that any funder will make an offer.

By submitting a request you certify that you are applying on behalf of a validly formed business, or as a self-employed operator of a business, and not as a consumer; that you are authorized to act for that business; that you are not seeking funds for personal, family or household purposes; and that any funds will be used solely for commercial purposes. Requests submitted for personal or consumer purposes are not eligible and will be declined.

3. A request is not an application to us, and no guarantee of funding

Submitting information through this site is a request to be connected with funders. It is not an agreement, not an offer of funding, and not a guarantee that funding will be provided. The amount you enter is the amount you would like to request; it is not an amount that has been approved, reserved or promised, and a funder may offer less, offer different terms, or offer nothing at all. Any offer is subject to the funder’s own review and verification.

Your business is not committed to anything until you sign a funder’s Revenue Purchase Agreement. Reading an offer, asking questions about it and declining it costs you nothing.

4. No fee, and never an advance fee

The service is free to you. There is no fee to use this site, no fee to submit a request and no fee from us at any later stage. We will never ask you to pay a fee in advance in exchange for a promise of funding. If anyone contacts you claiming to be FundVista and asks for an up-front payment, a gift card, a wire transfer or a prepaid card, it is not us. Stop, and report it to us at help@fundvista.net.

We may be compensated by a funder when a request we pass on results in a funded advance. That compensation may influence which funders receive your request and in what order. It is never paid by you and it does not change the terms a funder offers you.

5. How your information is used and shared

By submitting a request you authorize us to share the information you provide about you and your business with funders in our network, and with service providers who help us operate the site, for the purpose of connecting your business with a possible funding offer. You agree that the information you give us is true, accurate and complete. Our Privacy Policy explains what we collect and what your rights are.

Once your information reaches a funder, that funder handles it under its own privacy policy, not ours. A funder may, with your authorization, review your business bank account activity through a third-party connection provider; we do not store bank login credentials. We have no control over what a funder does with your information after it is transmitted.

6. Consent to be contacted

By submitting a request you agree that FundVista, the funders we pass your request to, our marketing partners and their agents may contact you at the telephone number and email address you provided, including by automatic telephone dialling system, artificial or prerecorded voice, and SMS text message, about your request and about related commercial funding products and services.

What the messages are for. Verification of the email address or telephone number you gave us, status and account updates on a request you have submitted, an alert where something needs your attention, replies to questions you send us, and information about commercial funding options that may be available to your business. Some are promotional and some are informational; your consent covers both.

How often. Message frequency varies. How many messages you receive depends on how you interact with us and on the status of your request; we do not send on a fixed schedule. Message and data rates may apply depending on your provider.

This consent is not a condition of any purchase or of any funding. You may withdraw it at any time: reply STOP to a text message, use the unsubscribe link in any email, visit our unsubscribe page, or write to help@fundvista.net. We also honour the one-click unsubscribe control offered by most mail providers. Withdrawing consent from us does not withdraw it from a funder you were connected with; contact that funder directly.

Help. Reply HELP to a text message, email help@fundvista.net or call (206) 538-0174. The full terms of the email programme are in our Email Communications Terms.

7. No credit-score impact to check

Checking your funding options through this site is a soft inquiry and does not affect your credit score. A funder you are connected with may, with your authorization, perform additional review of your business and its owners before funding. Any such review is that funder’s, made under that funder’s own authorization. Ask the funder before you authorize it.

8. Pricing and remittance of purchased receipts

Advances available through the funders in our network generally range from $100 to $5,000. The purchase price, the factor, the total amount to be remitted, any fees and the remittance method are set entirely by the funder and depend on your business’s revenue and the funder’s review. The cost of an advance is a fixed amount agreed at signing; it is not interest and is never expressed as an annual percentage rate. Any figure shown on this site, including any estimate produced by an interactive tool, is an illustrative example based on numbers you choose; it is not an offer, not a quote and not an average of our network.

If you accept an offer, delivery of the purchased receipts is typically made through a share of daily or weekly receipts or scheduled electronic debits from your business operating account. Because an advance is a purchase of future receivables and not a loan, remittances may vary with your actual business revenue. You will authorize those transfers separately in the funder’s Revenue Purchase Agreement, which sets out the remittance method, any reconciliation rights and how to manage your authorizations.

9. Restricted jurisdictions

Commercial funding through our network is not available in all states, and availability and terms vary by state and by industry. It is not offered to businesses located in California or New York, each of which regulates commercial financing disclosures. Requests originating from a jurisdiction where funding is not offered will be declined. Each funder in our network is responsible for its own licensing and for its compliance with the laws of the states in which it operates.

10. Your obligations

You agree that the information you submit is true, accurate and complete, that you are authorized to submit it for the business, and that you will keep it up to date. You agree not to use the site to submit false or fraudulent information, to submit a request for a business you are not authorized to act for, to scrape, probe or interfere with the site or its security, to use it in a way that breaks any law, or to reverse engineer any part of it.

11. Intellectual property

The site, its design, its text, its marks and its code belong to FundVista LLC or its licensors and are protected by law. You may use the site for the legitimate purpose of evaluating and requesting our service. You may not copy, republish, sell or adapt any part of the site without our written permission.

12. No warranties

The site is provided “as is” and “as available” and we make no warranty of any kind about it, express or implied, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement. We do not warrant that the site will be uninterrupted or error free, that any request will reach any funder, that any funder will respond, or the products, terms or conduct of any funder. Information on the site is general and is not financial, legal or tax advice.

Any link to a third-party website is provided for convenience only. We do not control those sites and are not responsible for their content, their products or their practices.

13. Limitation of liability

To the fullest extent permitted by law, neither FundVista LLC nor its members, officers, employees or agents will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or opportunity, arising out of or in connection with your use of the site, any Revenue Purchase Agreement or your dealings with any funder, whether based in contract, tort, statute or otherwise, even if we were advised of the possibility. Our total liability for any claim relating to the site will not exceed one hundred dollars ($100).

Nothing in these Terms limits any liability that cannot be limited under applicable law, including under the Washington Consumer Protection Act, and some jurisdictions do not allow the exclusion of certain damages, so parts of this section may not apply to you.

14. Indemnity

You agree, for yourself and the business you represent, to indemnify and hold FundVista LLC, its affiliates, members and employees harmless from any claim, loss or expense (including reasonable attorneys’ fees) arising from information you submit that is false, from your breach of these Terms, from any unauthorized or unlawful use of the site, or from your violation of any law or of the rights of a third party.

15. Disputes and arbitration

Most concerns can be resolved quickly. Before starting any formal proceeding, please write to help@fundvista.net and give us 30 days to try to resolve the matter with you.

If we cannot, you and we agree that any dispute arising out of or relating to these Terms or to your use of the site will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in King County, Washington. Either of us may instead bring an individual claim in small claims court if it qualifies.

You and we each waive any right to bring or participate in a class, collective or representative action. The arbitrator may award relief only in favour of the individual party seeking relief. Any claim must be filed within one (1) year after it arises, or it is permanently barred.

This arbitration agreement does not apply to any dispute between your business and a funder. The funder’s own Revenue Purchase Agreement governs that relationship.

16. Governing law

These Terms are governed by the laws of the State of Washington, without regard to its conflict-of-laws rules. Subject to section 15, you and we consent to the exclusive jurisdiction of the state and federal courts located in King County, Washington.

17. Electronic communications

By using the site you consent to receive communications from us electronically, and you agree that electronic records and signatures satisfy any legal requirement that a communication be in writing. See our E-Sign Consent for the detail, including how to withdraw that consent and how to ask for a paper copy.

18. Changes to these Terms

We may update these Terms from time to time. Changes take effect when posted here, and the “last updated” date will reflect the latest revision. Your continued use of the site after a change means you accept the updated Terms.

19. Contact

FundVista LLC
2033 Western Avenue, Suite 400
Seattle, Washington 98121
help@fundvista.net · (206) 538-0174