These Terms and Conditions (“Terms”) governs CREATIVEAPPROVEDFUNDING.COM (the “Site”) which is managed and administered by Creative Approved Funding, LLC, a Carlsbad, CA limited liability company (the “company,” “we,” “us,” or “our”). These Terms and Conditions shall govern your present (or current) use of the Site, not any future visit.

Please be informed that we reserve the exclusive right to modify or change these Terms at any moment we deem necessary in our sole discretion, without any prior notification to you. Such modification shall be considered to be effective once it is published on our Site. It is your duty or obligation to regularly visit this page for any changes to these Terms because such “modified Terms may govern your next visit to the Site.

Your continued access and use of the Site after such modifications have been made and effected shall construe your acceptance of such modifications. If at any moment, you do not agree with the Terms and Conditions that are effective at such time, you should promptly discontinue your access and use of the Site.

By accessing and using the Site and the services therein, you acknowledge and agree to these Terms and Conditions:

RESPONSIBILITIES OF ACCREDITED USERS

You acknowledge and uphold that you are above 18 years of age and a legitimate resident of the United States. You shall not access or use the Site or the services provided therein if you are unable to form a binding agreement with the company. You accept all responsibility for your access to, or use of the Site, including Site Content or User Content, as herein defined. You at this moment renounce all claims or causes of action against the company, its partners, its licensors and their corresponding directors, officers, employees, agents and representatives in connection with what is mentioned above. When it pertains to the use of the Site, it may be requested of the users to complete and submit an online capital request form carefully. All Site user information shall be handled and managed in accordance with our Privacy Policy.

PRODUCT AND SERVICES

You acknowledge and consent that Creative Approved Funding is not a lender and is not the creditor for or issuer of the products offered on the Site. Products or services promoted on the Site or provided to you after you received a financial service from an issuer are and will remain the exclusive responsibility of the individual service providers and product vendors.

WORKING CAPITAL REQUEST

Your receipt of an electronic or other approved form of order confirmation does not constitute the acceptance of your working capital request, neither does it represent confirmation of any offer to provide financial funding for your business. We are not accountable for requests for working capital that cannot be attended to or fulfilled. Neither are we responsible for unsuccessful or failed working capital requests arising from a business’ inability to appropriately qualify for the working capital offered by the company’s relevant service providers, authorized independent contractors, and other third parties.

CREDIT CHECK- FCRA COMPLIANCE

By submitting your details to Creative Approved Funding, you are giving us your prior written consent under the Fair Credit Reporting Act (FCRA) for us, our partners, and other accredited independent contractors (such as working capital partners and selected lenders) with whom you are connected, to collect your consumer credit profile or other details from contracted Credit Bureau related to your request. While our interjection which we initiate may not necessarily affect your credit point, please be informed that the credit request by working capital partners, selected lenders, and their affiliates may likely influence your credit point. The information gathered from your consumer credit profile may be used by the company, relevant service providers and accredited independent contractors to process and rate your online working capital request application. It can also be used to evaluate your working capital request concerning your overall financial condition.

VERIFICATION OF REVENUE

Submitting a request for working capital assistance for your business through the Site will mandate you to share with us certain information that pertains to the performance of your business concerning revenue generation. This sort of information will be transmitted to our designated affiliated companies or accredited independent contractors with which we are in alliance to provide you with proper business funding or working capital choices. Some accredited contractors will require that the performance of your business be evaluated and verified before they can consider to offer you financial assistance or other working capital options for your business.

By submitting your business performance information and revenue generation information to Creative Approved Funding, you acknowledge that the information is genuine and accurate. While we, in our capacity will not carry out any verification on the information submitted, but you consent that our affiliated companies and relevant service providers with whom we work may need to verify your claims and submissions by requesting for proof of revenue which may include copies of statement of accounts or other financial documents relating to your business.

Furthermore, you acknowledge that such proof of business financial performance may be necessary before being qualified to receive a business loan or working capital solution options.

E-AGREEMENT

By accessing and using the services offered through the Site, you agree to transact business through electronic channel and to receive via the electronic channel all notices, disclosures or other records that we or our affiliated companies and accredited independent contractors mandated by law to disclose to you in writing pertaining to your request for working capital solutions or the processing and fulfillment of your requests (such as written disclosures mandated under the Equal Credit Opportunity Act and the Truth in Lending Act)- the “Disclosures”. Each time you submit a request for working capital solutions through the Site, you agree to the receipt of electronic Disclosures which pertains to that specific request for financial assistance and working capital solutions. This current agreement does not apply to any future transactions with us, our affiliated companies, or accredited independent contractors. However, this agreement will be effective as long as you are a user and, if you cease to be a user, the agreement will continue until such a period when all Disclosures related to transactions that occurred during your time of being a user have been fulfilled.

Our accredited independent contractors or affiliated companies may seek your further approval to an additional electronic agreement or otherwise. Be informed that you are responsible for reading, understanding, and acceptance of the terms in the additional agreement.

AGREEMENT TO TELEPHONE CALLS

You consent to receive telephone calls and various messages from us through SMS messages (text message inclusive), prerecorded or artificial voice messages and automatic number dialing technology, through any telephone number you have submitted or may submit in the future. You are giving us your prior written consent to disclose your contact information with any of our accredited independent contractors and affiliated companies who may also contact you through SMS, prerecorded or artificial number dialing and voice messages technology, despite your number being listed on any corporate, internal, state, federal or national Do-Not-Disturb (DND) list. Your telephone or cellular service provider will charge you as it is appropriate for the service plan you are using.

SUPPLEMENTARY MOBILE DEVICE REQUIREMENTS

If you are accessing or viewing our Site and the Disclosures electronically through a mobile device (tablet, smartphone, etc.), in addition to the requirements mentioned above, you must ensure that you possess all necessary software or applications that allow you to download, save and print Disclosures offered to you during the application process. These software or applications can be found in most devices’ corresponding “App Store.”

If you do not possess this ability on your mobile device, kindly access the Site through a device that possesses these abilities.

AGREEMENT WITHDRAWAL

You may withdraw your prior agreement to receive Disclosures electronically by contacting us at the address below. However, be informed that once you withdraw your agreement, it will be impossible for you to post any request for working capital. If you have a pending application, we will cancel it and remove such from our processing list. All terms and conditions previously agreed upon will remain active, and we will send Disclosures to the approved business address which you provided during the initial registration.

HOW TO CONTACT US ABOUT ELECTRONIC DISCLOSURE

You can contact us through our email [email protected].

You may also contact us in writing through the following address;

7040, Avenida Encinas, #104-296, Carlsbad, CA 92011.

SITE USE

Creative Approved Funding is not your financial agent, neither are we the agent of any issuer of a business loan or capital provider, given your sole decision to seek for financial aid or loan for your business. Creative Approved Funding may receive a reward from third parties for facilities, goods or services that the company provides to third parties under different contract. To be specific, Creative Approved Funding receives a fee from affiliated companies or accredited independent contractors (which includes working capital partners or lenders) that you may be directed to and obtain working capital. Such facilities, goods, and services may or may not in any way depend on the use of the Site. You consent to any such reward contract whether or not it depends in any way to your use of the Site.

COMPLIANCE WITH APPLICABLE LAW

Your consent to comply with all applicable laws, ordinances, regulations, and statutes relating to your use of the Site and your access to services and products provided through the company’s relationship with accredited independent contractors, affiliated companies or other relevant third parties.

Creative Approved Funding may, in its exclusive discretion, report a definite or perceived breach of these Terms and Conditions or its Privacy Policy. The company may (but not obligated) investigate to define the nature and extent of the perceived breach and take adequate enforcement measurements. During such investigation, we may withhold our services to the customer or user under such examination and/or remove any information or material from the company’s servers.

You consent to support such investigation fully. You also acknowledge and approve that breaches of the Term and Conditions or the Privacy Policy could be treated as a criminal offense and as such, it may attract civil penalties.

OWNERSHIP

All material content of the Site, including but not limited to articles, functions, designs, graphics, text, images, photographs, video, materials, information, sound, music, software and other files, their layout, and selection and all other content exclusively provided by or on behalf of Creative Approved Funding on any Site, excluding User Content (defined below), (collectively called “Site Content”), is the exclusive property of Creative Approved Funding, as between you and Creative Approved Funding. The Site and all the Site Content, the arrangement, layout, and design thereof, and protected under the copyright laws and other relevant intellectual property laws of the United States.

Creative Approved Funding reserves all rights, in and to the Site and the Site Content, which rights are not specifically granted herein. Unless where stated otherwise, the company name, trademarks, trade names, service marks, logos and other designations of source published on the Site ate the exclusive property of the company, its affiliated partners, or accredited independent contractors.

All third-party trademarks, trade names, service marks, logos and other designations of source displayed on the Site are the exclusive property of their corresponding owners. Nothing on the Site shall be interpreted as granting any right or license not expressly defined herein. An unsolicited use of the Site or any of the Site Content will be interpreted as a breach of the applicable law.

INTELLECTUAL PROPERTY RIGHTS; LIMITED LICENSE

All Site Content is the proprietary right of Creative Approved Funding. All rights are reserved. Site Contents may not be modified, distributed, copied, framed, posted, republished, reproduced, displayed, downloaded, disclosed or sold in any format or through any means, either in whole or in part, without the company’s prior written consent, otherwise as stated in the following sentence and except the foregoing does not apply to User Content that you legally post or uploaded to the Site.

Provided you are suitably qualified for the use of the Site, you are at this moment granted a restricted license to access and use the Site and to download and print a copy of any section of the Site Content exclusively for personal use, provided that you keep all copyright and other applicable proprietary statements intact. Except for your User Content, you may not republish Site Content on any Intranet, Internet or Extranet site or incorporate the information in any other compilation or database; any other use of the Site Content is hereby prohibited. Such license is subject to these Terms and Conditions and does not include the use of any robots, data mining or any similar data mining or extraction techniques. Any use of the Site’s functions or the Site Content apart from those specifically authorized herein, without the prior written permission of Creative Approved Funding is prohibited in all sense and will cancel the license granted herein. Such unsolicited use may also breach applicable laws including without limitation, trademark and copyright laws and applicable communications statutes and regulations. Except as expressly stated herein, nothing in these Terms and Conditions shall be considered to confer any license or right to intellectual property rights, whether implication, estoppel or otherwise. This license is revocable by us at any time without prior notice and with or without cause.

USER CONTENT

You warrant, represent and accept that no materials posted or shared by you will breach or violate upon the rights of any third party, including trademark, copyright, publicity, privacy, or other personal or proprietary rights or contain defamatory, libelous, obscene or otherwise unlawful material.

You also agree not to gather or harvest email addresses or other contact details of users from the Site through electronic or other means for the singular purpose of sending unsolicited communications and emails.

Additionally, you consent not to use automated scripts to collect information from the Site for any other purpose. You also agree that you may not use the Site in any unapproved manner or in any manner that could disrupt, disable, damage, overburden or impair the Site and its functionalities.

Other User Content Posted on the Site

You are responsible for the profiles, photos, messages, notes, text, information, music, sound, video, contact information for you or others, advertisements or other User Contents that you upload, post, provide, publish or display (collectively called ‘post”) on or through the Site with other users. You acknowledge and accept that the company may, but not obligated to, review, evaluate, remove or delete (with or without notice) any of such User Content in its exclusive discretion, including without limitation, User Content that in the sole decision of the company appears to breach these Terms and Conditions, illegal or offensive, or might be interpreted to infringe on the rights of, threaten or harm the safety of users or others.

By posting User Content to any section of the Site, you explicitly grant, and you warrant and represent that you possess the sole right to grant to Creative Approved Funding a perpetual, irrevocable, transferable, non-exclusive, fully paid, worldwide license (with the adjoining right to sublicense). This license automatically grants the company the right to copy, use, publicly display and perform, translate, reformat, excerpt (in part or whole), and distribute such User Content for any reason in connection with the Site or the promotion of the service thereof; to prepare derivative works of, or incorporate the User Content into other works; and to authorize and grant sublicenses of the foregoing.

You may receive your User Content from the Site at any time you deem it necessary. If you choose to do so, the license herein granted will not expire.

THIRD PARTY CONTENT

From time to time, Creative Approved Funding may:

link to other websites that we consider to be useful to you, andpost content to our Site that is provided by third parties (collectively, “Third-Party Content”).Third-Party Content is not subjected to Creative Approved Funding, and as such, they are not under the control of the company. Hence, we make no representation or claim, and neither do we accept any responsibility for the content, appropriateness, quality, nature or reliability of Third-Party Content, any services provided through links from our Site, links found in any Third-Party Content, or any evaluation, modification to a third-party website or for third-party websites that link to our Site. Any information, ideas, advice, opinions, services, statements, provisions and other materials or content expressed or provided by third parties in the Third-Party Content are those of the corresponding author(s) or distributor(s) and not of Creative Approved Funding. As an implication, we do not guarantee the merchantability or fitness for any specific purpose of the Third-Party Content.

When you click on an external link, taking you out of our Site, please be informed that these Terms and Conditions are not applicable to the external website. Hence, you are advised, in your interest to carefully review the terms and conditions along with policies that are applicable on such third-party website.

ADDITIONAL INFORMATION ABOUT LIABILTY AND DSICLAIMER ARE DISPLAYED BELOW:

Privacy

The Company's Privacy Policy, which is quoted herein by reference applies to any information supplied through the Site in compliance with the Privacy Policy available at the Site.

The Privacy Policy defined your rights and options, along with the responsibilities of the company with regard to your personal information. We will not use your information in a way that is inconsistent with the actual or intended purpose for which the information was collected as provided in the Privacy Policy. You consent that Creative Approved Funding, in its exclusive discretion, may change or modify the Privacy Policy, and you agree that your continued access and use of the Site after such changes or modifications have become effective constitutes your agreement to these changes and modifications. You accept that if you do not consent to any such changes or modifications, you will cancel your access and use of the Site.

Data Security

The Company uses secure technology measures to safeguard all personal information. Although we have taken such reasonable steps to ensure the safety of the information you submit to us, we cannot guarantee that this information will not be intercepted and decrypted by others. Creative Approved Funding accepts no liability for such interception or decryption.

Restricted Access Aspects of the Site

You consent to take meaningful measures to ensure that no unauthorized persons or entity shall gain access to restricted sections of the Site using your login details (username and password). You consent that if you are granted rights to access and use restricted aspects of the Site, those rights are strictly personal and non-transferable. You may not sublicense, transfer, assign, lease, pledge, lease, or share any login details to any person. You accept all responsibility for loss or misuse of your login details and are liable for any activities carried out by a person in possession of your login details for any reason except due solely to the outright negligence or gross misconduct of the company. We reserve the right to withdraw your access to the Site or cancel your login details at any given time and for any cause including without limitation, your breach of these Terms and Conditions.

Disclaimer of Warranties

The company utilizes reasonable measures to ensure that the information on the Site is correct, but we cannot guarantee such correctness. We make no representations or warranties about the use or results of any Site content regarding its correctness, dependability or any other matter.

THE SITE, THE SERVICES, THE SITE CONTENT, AND THE USER CONTENT ARE PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS WITH NO REPRESENTATION OR WARRANTY WHATSOEVER, EITHER IMPLIED OR EXPRESSED. THIS INCLUDES BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, ACCURACY, TITLE, ENJOYMENT OR NON-INFRINGEMENT. WE MAKE NO GUARANTEE THAT THE SITE, THE SITE CONTENT OR THE USER CONTENT ARE UPDATED, CORRECT OR COMPLETE. YOU SHOULD NOT BASE YOUR DECISION OR TAKE ANY ACTION BECAUSE OF THEM.

WE HEREBY DISCLAIM ANY WARRANTY THAT THE USER CONTENT, OR THE SITE CONTENT WILL BE PROVIDED WITHOUT INTERRUPTION, ERROR-FREE, OR THAT THE SITE IS FREE OF WORMS, VIRUSES, TROJAN HORSES OR OTHER CODES THAT EXHIBITS DESTRUCTIVE OR CONTAMINATING PROPERTIES.

These limitations and exclusions are applied to the maximum extent permitted by law.

Limitation of Liability

NEITHER CREATIVE APPROVED FUNDING NOR ANY OTHER ENTITY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE SHALL BE ACCOUNTABLE FOR ANY INCIDENTAL, DIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, COSTS OR REASONABLE ATTORNEY’S FEES ARISING OUT OF THEE TERMS AND CONDITIONS, ACCESS TO, USE OF, OR THE OPERATION OF THE SITE, THE SITE CONTENT OR USER CONTENT. YOUR EXCLUSIVE REMEDY AND THE COMPANY’S SOLE LIABILITY TO YOU FOR ANY REASON SHALL BE FOR YOU TO DISCONTINUE YOUR ACCESS AND USE OF THE SITE.

THE ABOVE LIMITATION OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE APPROPRIATE JURISDICTION.

Limited Time to Bring your Claim

You consent that any cause of action related to the company, the Site, the Site Content or User Content must commence within one year after the cause of action occurred. Otherwise, such cause of action shall permanently remain invalid.

Governing Law

These Terms and Conditions and its interpretation, performance, and enforcement, the company’s rights and duties, shall be considered in compliance with the state law of California, except for the principle of conflict of law that will lead to the consideration and application of another jurisdiction’s regulations, laws and statutes to the rights and duties of the parties. By using the Site, you agree to submit any and all disputes arising out of or relating to these Terms and Conditions to the sole jurisdiction of the state or federal courts of Carlsbad, California, or at the Company’s sole discretion, or to binding arbitration before a single arbitrator pursuant to the American Arbitration Association’s Commercial Dispute Resolution Procedures, with such arbitration to hold in Carlsbad, California.

Indemnification

You consent to indemnify, defend, and hold harmless Creative Approved Funding, its affiliated companies, accredited independent contractors, including without limitation, the company’s relevant service providers and banks, along with their corresponding directors, officers, employees, representatives and agents from and against all expenses, losses, costs, and damages. This includes reasonable attorneys’ fees for any cause of actions, claims, allegations and procedures arising out of or relating to any breach of these Terms and Conditions, your Site use, User Content or Site Content (such as violations of third parties’ worldwide intellectual property rights or wrongful or negligent manner) by you or any other person accessing any Site in your stead. We reserve the exclusive right, at our own expense, to assume the sole defense and control of any affair otherwise subject to defense by you.

Violation of These Terms and Conditions

By accessing and using the Site, you understand and accept that the company, at its exclusive discretion and without prior notification, may withhold or terminate your access to the Site and to the services provided therein, and remove any User Content you have provided if the company believes that such User Content breaches or is inconsistent with these Terms and Conditions or the Privacy Policy or their intended purpose, that your behavior is disruptive, or you have breached the rights or the laws of the company or another user.

Digital Millennium Copyright Act

We have the utmost regard for the owners of copyright, and we expect all users of the Site to do likewise. It is our objective to reduce or prevent access to the Site users who are known for copyright breach. If you are a real copyright owner or a designated agent of the real owner, and you perceive, suspect or believe that any Site Content or User Content posted or published on the Site violates your copyrights, you may file a notice of copyright violation under the Digital Millennium Copyright Act (DMCA) by submitting the notice to the company through our designated address listed below along with the following information:

identification of the work believed to have been violated, or, if multiple works are involved and are covered in a single notification, a list of such works posted on the site;identification of the material that is believed to be violating or to be a subject of any violating activity and that is to be removed, or access to which is to be terminated and information sufficient enough to allow us to locate the material;

adequate information to permit us to contact you, such as telephone number and email or postal address;a statement declaring that you have a good faith belief that the use of the material in the manner complained of is not intentionally authorized by the copyright owner, its designated agent, or the law;a statement declaring that the information in the notice is correct, and under penalty of perjury, that you are ratified to act on behalf of the owner of a sole right that is perceived to have been violated; andan electronic or physical signature of a person designated to act on behalf of the real copyright owner that is perceived to have been violated.

You acknowledge and affirm that if you fail to follow the guidelines stated above and the requirement of this section, your DMCA notice may not be considered valid, and we may not be able to remove the violating material.

Miscellaneous

These Terms and Conditions are in full operation to the maximum extent permitted by applicable law. All rights not expressly granted herein are otherwise reserved strictly to the company. If there is any provision of these Terms and Conditions that is considered to be unlawful, unenforceable or void, that provision is severable from these Terms and Conditions and hence, does not affect the authenticity and enforceability of the remaining provisions in any way.

These Terms and Conditions and the adjoining Privacy Policy constitute the entire contract and understanding between the parties about the subject matter contained herein and therein and replaced and superseded any and all prior oral or written contracts related to the subject at hand.

The headings and subheadings used in these Terms and Conditions are meant for convenience only. As such, they shall not affect the construction and interpretation hereof and thereof. A party’s inability to enforce strict compliance of any provision of these Terms and Conditions shall not be considered as a waiver of such or any future right or provision.

Creative Approved Funding makes representations that the Site is accurate or accessible for use in locations outside the United States. Those who attempt and use the Site from outside the United States do so at their sole discretion and risk, and they are responsible for their compliance with the local laws.

This Site is not meant for distribution to, or use by, any entity or person in any jurisdiction where such access and use will contradict applicable regulations or laws. By providing this Site along with its content, no solicitation or distribution is made by the company to any person to access or use the Site or its content in any jurisdiction where the use of the Site constitutes a contradiction of the applicable law.

Rates And Terms

It is mandatory for you to know and understand how rates and terms affect you. A Business Capital Request is different from the popular traditional loan. There is no term length or set in stone rate. We tailor each Business Capital for each specific client. Before you approve a contract with us or our partner funders, you will receive full written terms of the contract.

How the Interest Rate Work

Instead of calculating an APR like a bank loan, A Business Capital Request works on a fixed cost. A Business Capital Request does not have APR’s because there is not a specified interest rate attached to the specified payback amount.

We add a predefined fixed cost to your initial funding amount; hence, you don’t have to calculate a percentage rate. You will be supplied with the specific fixed cost before entering any contract with our partners or us.

The repayment calculation is simple, the amount you are funded with + the fixed cost amount = the amount you pay back.

The Amount of the Fixed Cost

The fixed cost amount depends on some factors depending on your business and you, as well as the specified Advance Turn you choose. This fixed cost is a predefined amount, and it is usually called a Factor Rate. Your Factor Rate is decided by some factors such as, the duration which you have been in business, aggregate advance amount and your business’ gross monthly revenues.

We offer our clients various options when choosing a Business Capital Request Plan. We will estimate the performance of your business and help you get the rate/fixed cost that is just right for you.

The rates and terms will be offered in writing, and you will discuss with a business funding expert for all explanations, clarifications, and answers to questions before you approve the contract.

For a general overview of the predefined specified cost “Factor Rate” usually varies between 1.19 and 1.40 for every dollar in funding your business. There are no fees for early repayment of a Business Capital.

Terms vs. Turns

For a Business Capital Request, we use what we define as a Turn as against a loan that uses Term Length for repayment. Turn refers to the number of days that a Business Capital Request is scheduled to be repaid. Of course, this depends on your cash strength, and it varies. Generally, we offer Turns for a duration of 60 to 260 days.

We accept daily micropayments on business days only (Monday to Friday), excluding holidays. Each repayment is deducted from your business account. This daily repayment amount is dependent on the performance of your business.

A Business Capital Request offers flexibility while a bank loan is rigid with specified monthly paybacks. We want to ensure that your business venture is not over-burdened and won’t accord your business more capital than you can comfortably afford.

We understand that in business there are certain times when you may generate less revenue than expected. When we determine your Factor Rate and Turn, these numbers are based on our projections for your business using its past performance. With that being stated, outcome varies. If your business is returning less monthly revenue than when we first evaluated, we can help by reducing the amount of your Daily Turn repayments. In a situation where your business is generating additional revenue beyond expectation, we will take a larger daily amount to reflect the increased performance level. We will never change the amount you repay daily without communicating with you first.

Our clients are very precious to us. When you prosper, so do we. For any questions and inquiries, kindly contact us through the address below:

Website Name: CREATIVEAPPROVEDFUNDING.COM

Company Name: Creative Approved Funding, LLC

Address: 7040 Avenida Encinas, #104-296, Carlsbad, CA 92011

Email Address: [email protected]

Landing Page: creativeapprovedfunding.com/lp