Privacy Policy & Terms of Service | Fast Capital Advance

This Privacy Policy governs the manner in which Fast Capital Advance and its parents, subsidiaries and affiliates (collectively “Fast Capital Advance”, “we,” “our,” or “us”) collects, uses, maintains and discloses information collected from users (each, a “User”) of the fastcapitaladvance.com website (“Site”). This Privacy Policy applies to the Site and all products and services offered by Fast Capital Advance.

Personal identification information.
Fast Capital Advance may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site or use mobile applications; register on the site; fill out any part of the form on our website or any webpage on our website; open and respond to our e-mails; open and respond to our text messages; visit any page online that displays our ads or content; visit any of our blogs, social media outlets, or affiliated websites; directly call Fast Capital Advance or its affiliates with phone numbers provided through any and all marketing and lead generation sources; provide information to Fast Capital Advance employees through e-mail, phone, text message, or facsimile; interact with our advertising and applications or third-party websites and services, if those applications or advertising include links to this policy; and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, social security number, business information including the business name, EIN, size, type and financial information including bank statements, credit card statements, average bank balance, personal and business credit history, payment history bank account information and tax information. When required, we will collect information on the beneficial owners of our business customers for the purpose of verifying identity only. The US Government implemented the beneficial ownership regulation to help deter financial crimes. Pursuant to our privacy policy and procedures, we will maintain beneficial ownership information in our system. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personal identification information, except that it may prevent them from engaging in certain Site related activities.

Non-personal identification information.
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

Web browser cookies.
Our Site may use “cookies” to enhance User experience, provide us with useful information, to help us improve our Site and Services, to conduct advertising and to analyze the effectiveness of advertising. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly. Please note that cookies may be linked to personal information about you.

How You Can Opt-Out of Cookies.
You can block Cookies by changing your Internet browser settings. You can find out more about Cookies and how to manage them by visiting www.aboutcookies.org or www.allaboutcookies.org.

How we use collected information.
Fast Capital Advance may collect and use User’s personal information for the following purposes:
To verify your identity and conduct appropriate due diligence;
To register you as a user and identify you when you sign into your account;
To process your business’ application and determine whether or not your business qualifies for our products;
To service your business product account, including but not limited to deducting automatic remittances;
To compile, save, use and analyze your Personally Identifiable Information in both a personally identifiable form and as part of aggregated data;
To operate, maintain, improve and provide to you the Services and to conduct our business activities, including our own products and referring you to our affiliates and third-party collectors;
To communicate with you regarding your account, respond to customer service requests, send marketing communications, and send account update notifications;
To conduct tests, research and analyses to better understand our customers;
To communicate with you about our Site or Services or to inform you of any changes to our Site or Services;
To provide support;
To maintain and improve our Site and Services;
To protect the security and integrity of our Site and Services;
To investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or violations of our Terms of Use, and to otherwise fulfill our legal obligations;
To monitor compliance with and enforce this Privacy Policy and any other applicable agreements and policies;
To defend our legal rights and the rights of others;
To fulfill any other purposes for which you provide it, or any other purpose we deem necessary or appropriate;
To efficiently maintain our business;
To comply with applicable law; and
To produce data analytics and reports containing de-identified summaries of Personally Identifiable Information and other information that is not Personally Identifiable Information (such information, “General Information”) that we share with business partners. General Information may include Personally Identifiable Information that has been aggregated and will not identify you.

How We Share Your Information.
We may share the information that we collect about you in the following ways:
To personalize user experience.
We may use information in the aggregate to understand how our Users as a group use the services and resources provide on our Site.
To improve our Site.
We may use feedback you provide to improve our products and services. To share your information with third parties we may share or sell information with third parties for marketing or other purposes.
To send periodic emails.
We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.
To send updates about your revenue-based financing.
We may use your cell phone number to contact you through text messages. By supplying Fast Capital Advance with your mobile phone number you acknowledge and consent to receive SMS text messages, this includes receiving offers and updates via text message. Msg. & Data rates may apply. To Opt-out text STOP as directed in our text message on your mobile phone. You will receive a confirmation text that you have been opted out.

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

How we protect your information.
We adopt and maintain commercially reasonable security measures to protect the Personally Identifiable Information we collect and store from loss, misuse, destruction, or unauthorized access. However, no security measure or modality of data transmission over the Internet is 100% secure. Although we strive to use commercially acceptable means to protect your Personally Identifiable Information, we cannot guarantee absolute security. If you allow us to see your banking information online rather than in paper form, it is on a read-only basis. We do not have access to change, edit, or modify bank account information in any way. Employees cannot view your banking username and passwords. Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.

Third Party Links.
The Site and Services may contain links that will let you leave the Site and Services and access another website. Linked websites are not under our control. Except as stated below, this Privacy Policy applies solely to Personally Identifiable Information that is acquired by us on this Site and Services. We accept no responsibility or liability for these other websites.

Notice to Nevada Residents.
Nevada law allows Nevada residents to opt out of the sale of certain types of personal information. Subject to several exceptions, Nevada law defines “sale” to mean the exchange of certain types of personal information for monetary consideration to another person. We do not currently sell personal information as defined in the Nevada law. However, if you are a Nevada resident, you still may submit a verified request to opt out of sales and we will record your instructions and incorporate them in the future if our policy changes. You may send opt-out request to robert@fastcapitaladvance.com.

Notice to California Residents.
The California Consumer Privacy Act, as amended by the California Privacy Rights Act of 2020 (“CCPA”), requires that we provide California residents with a privacy policy that contains a comprehensive description of our online and offline practices regarding the collection, use, disclosure, sale, sharing, and retention of personal information and of the rights of California residents regarding their personal information. This section of the Privacy Policy is intended solely for, and is applicable only as to, California residents. If you are not a California resident, this section does not apply to you and you should not rely on it.

The CCPA defines “personal information” to mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household. Personal information does not include publicly available, deidentified or aggregated information or lawfully obtained, truthful information that is a matter of public concern. For purposes of this “Notice to California Residents” section we will refer to this information as “Personal Information.”

Notice of Collection of Personal Information.
We currently collect the following categories of Personal Information:
Identifiers (name, postal address, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number)
Unique personal identifiers (device identifier; cookies, beacons, pixel tags, mobile ad identifiers, or other similar technology)
Telephone number
Signature
Bank account number
Other financial information, including bank statements, credit card statements, average bank balance, personal and business credit history, payment behavior, and tax identification number
Internet or other electronic network activity information (browsing history; search history; and information regarding consumer’s interaction with website, application or advertisement)
Geolocation data
Commercial information (records of personal property and personal credit information)
Professional or employment-related information (including employment history)
Characteristics of protected classifications under California or federal law (age 40 and older)
Audio or similar information (recordings for monitoring and training purposes)
Inferences drawn from above information to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, behavior, and abilities

We collect Personal Information directly from California residents and from agents, referral partners, brokers, or credit reporting agencies. We do not collect all categories of Personal Information from each source.

In addition to the purposes stated above in the Section “How We Use Your Information” we currently collect and have collected the above categories of Personal Information for the following business or commercial purposes:

Auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards;
Helping to ensure security and integrity to the extent the use of your Personal Information is reasonably necessary and proportionate for these purposes;
Debugging to identify and repair errors that impair existing intended functionality;
Short-term, transient use, including, but not limited to, non-personalized advertising shown as part of your current interaction with us, provided that your Personal Information is not disclosed to another third party and is not used to build a profile about you or otherwise alter your experience outside the current interaction with us;
Performing services, including maintaining or servicing accounts, providing customer service, processing transactions, verifying customer information, providing financing, or providing similar services;
Providing advertising and marketing services, except for cross-context behavioral advertising, to you provided that, for the purpose of advertising and marketing, our service providers and/or contractors shall not combine the Personal Information of opted-out consumers that the service provider or contractor receives from us, or on our behalf with Personal Information that the service provider or contractor receives from, or on behalf of, another person or persons or collects from its own interaction with you;
Undertaking internal research for technological development and demonstration;
Undertaking activities to verify or maintain the quality or safety of a service and to improve, upgrade, or enhance the service;
Advancing our commercial or economic interests, such as by inducing another person to buy, rent, lease, join, subscribe to, provide, or exchange products, goods, property, information, or services, or enabling or effecting, directly or indirectly, a commercial transaction.

Sale, Sharing, and Disclosure of Personal Information.
The CCPA defines “sale” as the transfer of Personal Information for monetary or other valuable consideration. Although we do not “sell” Personal Information as that term may be commonly interpreted, we engage in online activities that may constitute a sale or a share of Personal Information under California law. This may include showing you advertisements on other websites.

We disclose Personal Information for the following business or commercial purposes:
Help ensure security and integrity to the extent the use of your Personal Information is reasonably necessary and proportionate for these purposes;
Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, and providing financing;
Advancing our commercial or economic interests.

We do not knowingly collect, sell, or share the Personal Information of consumers under 18 years of age. We do not collect or process sensitive personal information for the purpose of inferring characteristics about individuals.

Retention of Personal Information.
We retain your Personal Information for as long as your account is active or as necessary to fulfill the purposes for which we collect it, such as to provide you with the service you have requested, and for the purpose of satisfying any legal, accounting, contractual, or reporting requirements that apply to us.

Your Rights.
If you are a California resident, you have the following rights with respect to your Personal Information:
The right to know what Personal Information we have collected about you, including the categories of Personal Information, the categories of sources from which we collected Personal Information, the business or commercial purpose for collecting, selling or sharing Personal Information (if applicable), the categories of third parties to whom we disclose Personal Information (if applicable), and the specific pieces of Personal Information we collected about you;
The right to delete Personal Information that we collected from you, subject to certain exceptions;
The right to correct inaccurate Personal Information that we maintain about you;
If we sell or share Personal Information, the right to opt out of the sale or sharing;
If we use or disclose sensitive Personal Information for purposes other than those allowed by the CCPA and its regulations, the right to limit our use or disclosure; and
The right not to receive discriminatory treatment by us for the exercise of privacy rights the CCPA confers.

How to Submit a Request to Know, Delete, and/or Correct.
You may submit a request to know, delete, and/or correct by emailing us at robert@FastCapitalAdvance.com

If you are submitting a request on behalf of a California resident, please submit the request through one of the designated methods discussed above. After submitting the request, we will require additional information to verify your authority to act on behalf of the California resident.

Our Process for Verifying a Request to Know, Delete, and/or Correct
We will comply with your request upon verification of your identity and, to the extent applicable, the identity of the California resident on whose behalf you are making such request.

We will verify your identity either to a “reasonable degree of certainty” or a “reasonably high degree of certainty” depending on the sensitivity of the Personal Information and the risk of harm to you by unauthorized disclosure, deletion, or correction as applicable.

For requests to access categories of Personal Information and for requests to delete or correct Personal Information that is not sensitive and does not pose a risk of harm by unauthorized deletion or correction, we will verify your identity to a “reasonable degree of certainty” by verifying at least two data points that you previously provided to us and which we have determined to be reliable for the purpose of verifying identities. For requests
to access specific pieces of Personal Information or for requests to delete or correct Personal Information that is sensitive and poses a risk of harm by unauthorized deletion or correction, we will verify your identity to a “reasonably high degree of certainty” by verifying at least three pieces of Personal Information you previously provided to us and which we have determined to be reliable for the purpose of verifying identities. In addition, we may request that you submit a signed declaration under penalty of perjury stating that you are the individual whose Personal Information is being requested.

To verify your request, we will match the personal information you submit with the information we have about you. If we cannot conclude your information matches what we have, you may be directed to contact us with further instructions to assist us in responding to your request. To verify your request, we may ask you to submit the following information:
Your first and last name;
The last 4 digits of your Social Security number;
Your date of birth; and
The name of your business

Right to Opt-out of Sale or Sharing of Personal Information.
If you are a California resident, you have the right to direct us to stop selling or sharing your Personal Information.
You may submit a request to opt out of sales or sharing by clicking on our website footer link: “Do Not Sell or Share My Personal Information.” If you have enabled privacy controls on your browser (such as a plugin), we will also treat that as a valid request to opt out.

Shine the Light Law.
We do not disclose personal information obtained through our Site or Services to third parties for their direct marketing purposes. Accordingly, we have no obligations under California Civil Code § 1798.83.

Accessibility.
We are committed to ensuring this Privacy Policy is accessible to individuals with disabilities. If you wish to access this privacy policy in an alternative format, please contact us as described below.

Opt Out Choices.

E-Mail.
Use the unsubscribe link in the footer on any promotional or marketing e-mail or email robert@FastCapitalAdvance.com

Mobile Marketing.
Please text STOP as directed in our text message on your mobile phone. You will receive a confirmation text that you have been opted out.

Changes to this Privacy Policy.
Fast Capital Advance has the discretion to update this Privacy Policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this Privacy Policy periodically and become aware of modifications.

By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

Contacting Us.
If you need help with our program, have any questions about this Privacy Policy, the practices of this Site, or your dealings with this Site, please contact us at:

Fast Capital Advance,
robert@FastCapitalAdvance.com

Website Terms and Conditions of Use

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This website (including all sub-sites) is operated by Fast Capital Advance or a subsidiary or affiliate thereof (collectively, “Fast Capital Advance,” “we,” or “us”). By accessing a Fast Capital Advance website, mobile application, interface, or platform (collectively, “Site” or “Sites”) that links to this Terms of Use Agreement ( the “Terms of Use” or “Agreement”), you agree to abide by this Agreement and by our Privacy Policy ( which is hereby incorporated by reference), regardless of the device used (e.g., personal computer, mobile device, or any other technology or software) for access. These Terms of Use govern your access to, and use of, the Sites and any of the tools, features, functionality, services, or products offered on or through the Sites, including your access to information and data; your use of any web portal, customer account, sales partner account, syndicate investor account, or online services; your submission of application and/or provision of information for qualification for financing or other purposes; your subscription to blogs, newsletters, and alike; and your participation in any public areas on the Sites (collectively, the ”Services”).

In addition to these Terms of Use and the Privacy Policy, certain of our services offered through the Sites, such as your ability to submit requests for commercial revenue-based financing and related services, will be subject to, and governed by, separate terms and conditions or contracts that will be provided to you, and that you must agree to, in connection with those requests or transactions. To the extent there is a conflict between these Terms of Use and a transaction-specific agreement, the transaction-specific agreement will govern.

PLEASE READ THESE TERMS OF USE CAREFULLY TO UNDERSTAND EACH PROVISION. THIS CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND Fast Capital Advance FOR THE USE OF THE SERVICES AND THE TERMS OF USE SHALL APPLY TO ALL USERS OF THE SITES. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITES, SERVICES, AND/OR CONTENT.

We may update these Terms of Use from time to time by making available a revised, dated version on the Sites. If the revised version includes a substantial change, we will provide a more prominent notice (including, for certain services, an email or other type of notification of Terms of Use changes) prior to the change becoming effective. Your continued use of the Sites shall constitute your acceptance of such updated Terms of Use. We encourage you to periodically review this page for the latest information.

USE OF SITES

You may view and use the Sites and/or any of the information or Services only in accordance with these Terms of Use. You agree to use the Sites and/or Services only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability as determined by applicable law. The Sites are for individual business owners and legal entities organized and authorized to do business in the United States and are not intended for use by others or for use outside of the United States. To access certain features of the Site, you may need to register for an account and to provide us certain documentation or information, including information about your identity, finances, and business performance. By creating or accessing a user account, submitting a request for revenue-based financing, and/or otherwise using the Sites, you represent and warrant that: (i) you are 18 years old or older and are fully able to enter into a binding agreement; (ii) all information and/or documentation you submit is true, accurate, current, and complete; (iii) you will update such information, as necessary, to keep it true, accurate, current, and complete; and (iv) the information belongs to you and does not infringe or violate any patents, copyrights, trademarks or other intellectual property, proprietary or privacy rights of any third party.

Fast Capital Advance reserves the right, at its sole discretion, to restrict in whole or in part, your access to, and use of, the Sites, Services, and Site content at any time, with or without notice, and for any or no reason.

2. PROHIBITIONS ON USE

You agree that you will not violate any law, contract, intellectual property, or other third party right, and that you are solely responsible for your conduct, while accessing or using the Sites or using the Services. As noted above, the Sites and Services may only be used for lawful purposes and in accordance with this Agreement. Additionally, you specifically agree that you will not:

Provide false or misleading information to Fast Capital Advance, impersonate any person or entity, or misrepresent your affiliation with a person or entity;
Use the Site in any manner that violates any federal, state, international, or local law or regulation, or engage in, facilitate, encourage, or promote any activity that violates the Terms of Use;
Use the Site in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Site, or that could damage, disable, overburden, or impair the functioning of the Site in any manner;
Reverse engineer any aspect of the Site, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Site;
Use the Site in any matter that could threaten, bypass, or destroy any security mechanism used with or incorporated in the Site;
Post or otherwise transmit any content, data, or material that contains viruses, spyware, spiders, robots, worms, Trojan horses, logic bombs, or any other type of malicious or deleterious programs;
Use or attempt to use another user’s account without authorization from such user and Fast Capital Advance;
Post or otherwise transmit inaccurate, misleading, deceptive, offensive, lewd, hateful, defamatory, libelous, abusive, illegal, discriminatory, or otherwise inappropriate or objectionable content;
Post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other material that contains business solicitations of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service; and
Post or otherwise transmit any content, data, or material that infringes on the intellectual property rights or other personal rights (including privacy) of any third parties.

3. ACCOUNT SECURITY

Each user is responsible for any misuse of his or her account, even if the inappropriate activity was committed by someone other than the account holder (i.e., his or her family member, friend, or employee). Therefore, each user must take all reasonable steps to protect his or her account from unauthorized access. In addition, no user may access his or her account to breach the security of any other user’s account or attempt to gain unauthorized access to another server or network. As such, each user must always ensure the security of his or her password, including without limitation, by not sharing it with others for any reason, creating passwords that are hard to guess, and updating passwords on a regular basis. Fast Capital Advance reserves the right to terminate your access to the Sites or cancel your username and password at any time, without notice, and for any reason including, without limitation, your violation of these Terms of Use.

4. OWNERSHIP, COPYRIGHTS, TRADEMARKS, LICENSES

Except for User Content (as defined below), any and all information, materials, images, software, photographs, articles, functions, text, and other content solely provided by or on behalf of Fast Capital Advance on any Site (collectively, “Site Content”) is the sole and exclusive property of Fast Capital Advance or our licensors, as applicable. The Sites, Site Content, and the selection and arrangement thereof, are protected by copyright, trademark, service mark, trade name, and other intellectual property and other proprietary rights, and all other applicable rights are reserved, and users shall abide by those laws. Fast Capital Advance reserves all rights not expressly granted in and to the Sites, Services, and the Site Content. Unless otherwise noted, the Fast Capital Advance trademark, the Fast Capital Advance name, Fast Capital Advance abbreviation and all other Fast Capital Advance service marks, trade names, logos or other designations of source displayed on the Sites are the property of Fast Capital Advance, and may not be copied, imitated, or used, in whole or in part, without Fast Capital Advance prior written permission. All third-party trademarks, service marks, trade names, logos, or other designations of source are the property of their respective owners, and may not be copied, imitated, or used, in whole or in part, without the permission of the lawful trademark holder. By furnishing Site Content, Fast Capital Advance does not grant any licenses to, or transfer any title rights for, any copyrights, patents, or any other intellectual property rights. Nothing on any Site shall be construed as granting any license or right not expressly set forth herein. Unless otherwise expressly stated herein, no part of the Site, including any Site Content, may be reproduced, modified, electronically transmitted, or otherwise copied or exploited for any purpose whatsoever without the express written permission of the intellectual property owner.

5. USER CONTENT

All information or other content conveyed or communicated by you to Fast Capital Advance as a contribution to any of the Sites (each, a “Submission”) shall comply with these Terms of Use and, upon receipt, will become property of Fast Capital Advance. Fast Capital Advance will not be required to treat any Submission as confidential and will not be liable for the use of any ideas (including without limitation, any product, service, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services, or operations. Fast Capital Advance shall have the right to use any content contained in a Submission for any purpose, without acknowledging the source of that Submission, and without compensation to you or any other person sending that Submission. Fast Capital Advance may permit the posting of text, files, images, photos, video, sounds, musical works, works of authorship, and other materials and content by you and other users (“User Content”) on certain areas of our Sites, including those that are interactive and accessible to the public. By submitting or posting User Content, you understand and acknowledge that any materials, ideas, or other communications you submit or post in any manner and for any reason will not be treated as confidential or proprietary and may be preserved, disclosed, or removed from the Sites by Fast Capital Advance at its sole discretion. Fast Capital Advance has the right to accept, post, refuse, remove, or delete any User Content for any reason (including Content that Fast Capital Advance considers violative of these Terms of Use or otherwise illegal or objectionable). Notwithstanding the foregoing, you understand and acknowledge that Fast Capital Advance has no responsibility to monitor any materials submitted, posted, transmitted, or communicated to or within the Sites.

All User Content shall comply with these Terms of Use. In addition, you specifically represent that: (i) you own or have the necessary licenses, rights, consents or permissions to use, and authorize Fast Capital Advance to use, all patent, copyright, trade secret, trademark, and other proprietary rights to enable inclusion and use of User Content in the manner contemplated by the Sites and these Terms of Use; and (ii) you have the appropriate and necessary written consent, release, or permission of each identifiable individual person or business in your User Content to use the name, likeness, or other personal characteristics of each such identifiable individual or business (as applicable) to enable inclusion and use of such User Content in the manner contemplated by the Sites and these Terms of Use. You are solely responsible for any User Content you submit or post and the consequences of submitting or posting it. By submitting or posting User Content, you grant Fast Capital Advance a non-exclusive, irrevocable, perpetual, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, display, modify, prepare derivative works based upon, and otherwise exploit (including, but not limited to, over the Internet, social media, broadcast television, radio or any other uses or media), the User Content to the maximum extent permitted by applicable law. You also hereby grant each user of the Sites a non-exclusive license to access your User Content through the Sites, and to use, access, reproduce, distribute, transmit, forward, display, and perform such User Content to the extent permitted by the Sites under these Terms of Use.

6. THIRD-PARTY CONTENT

Fast Capital Advance may link to other websites that we believe may be useful to you, provide information about third-party products, services, or events, or allow third parties to make their content and information available on or through our Sites (collectively “Third-Party Content”). Fast Capital Advance does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content. Your access to and use of such Third-Party Content is at your own risk and Fast Capital Advance assumes no liability for such use. Your dealings and correspondence with third parties and your use of, or interaction with any Third-Party Content is solely between you and the third party. When leaving our Sites, you should be aware that these Terms of Use no longer govern, and therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of any third-party websites.

7. TELEPHONE COMMUNICATIONS

By your use of the Sites, such as, without limitation, through a submission of a request for commercial revenue-based financing, you expressly consent to receiving servicing, collection, marketing, and other calls and messages, including auto-dialed and pre-recorded message calls, and SMS messages (including text messages) from us, our affiliates, our marketing partners, our trusted third-party providers, referral provides, and marketplace participants, at any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers). Your consent will be effective even if the number you have provided is registered on any state or federal Do-Not-Call (DNC) list. You understand that you are not required to provide consent to telemarketing calls as a condition of receiving any financing or services from Fast Capital Advance . Please note that you are not required to consent to be called for marketing or promotional purposes in order to qualify for revenue-based financing or obtain any other products or services from Fast Capital Advance. If you do not agree to be called for marketing or promotional purposes, please email admin@fastcapitaladvance.com In your request, please specify whether you would like to stop receiving SMS messages (including text messages), telephone calls, or both, and the telephone number(s) for which you are making the request. You also consent to the recording and monitoring, for quality assurance, training, risk management, collection, or other purposes, of any call that you place with us (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) or that we (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) place to you.

8. DISCLAIMERS

THE SITES (INCLUDING SITE CONTENT, USER CONTENT, SERVICES, AND WEBSITES LINKED TO THE SITE) ARE MADE AVAILABLE “AS IS,” “AT YOUR OWN RISK,” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT OR ENJOYMENT. WE MAKE NO GUARANTEE THAT THE SITES ARE UP-TO-DATE, ACCURATE, OR COMPLETE, AND YOU SHOULD NOT RELY ON THEM FOR ANY DECISION OR TO TAKE ANY ACTION. Fast Capital Advance DOES NOT WARRANT THAT THE SITES WILL MEET THE USER’S REQUIREMENTS AND/OR ARE FREE OF INTERRUPTION OR ERRORS, OR THAT ANY OF THE SITES IS FREE OF VIRUSES, WORMS, BUGS, OR OTHER MALICIOUS TECHNOLOGY.

9. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Fast Capital Advance (INCLUDING ITS SUBSIDIARIES AND AFFILIATES) SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES WHATSOEVER (INCLUDING ANY DIRECT, SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, COSTS OR ATTORNEY’S FEES) ARISING OUT OF, OR RELATING TO, THESE TERMS OF USE, ACCESS TO, USE OF OR THE OPERATION OF ANY SITE, ANY OF THE SITE CONTENT OR USER CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

10. INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Fast Capital Advance (including any of its subsidiaries, affiliates, licensors and their respective officers, directors, employees, agents and representatives) from and against all claims, actions, liabilities, losses, demands, damages, expenses, and costs (including attorney’s fees) (collectively the “Claims”) arising out of or relating to: (i) your access to or use of the Sites or Services; (ii) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); and (iii) your breach of any of these Terms of Use. You shall promptly notify Fast Capital Advance of any third-party Claims, cooperate with Fast Capital Advance in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). Fast Capital Advance reserves the right to assume, at its sole discretion, the exclusive control over defense or settlement of any third-party Claims.

11. ARBITRATION; JURY TRIAL WAIVER; CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT (a) MAY REQUIRE YOU TO ARBITRATE DISPUTES WITH Fast Capital Advance ; (b) PRECLUDES YOU FROM HAVING A JURY TRIAL; AND (c) REQUIRES THAT ANY DISPUTES BE BROUGHT IN YOUR INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS ACTION OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING.

THIS ARBITRATION PROVISION SHALL APPLY TO ALL DISPUTES WITH Fast Capital Advance . YOU HEREBY AGREE TO RESOLVE ANY DISPUTE(S) THROUGH PRIVATE ARBITRATION.

ARBITRATION IS A PROCESS UNDER WHICH A PERSON WITH A DISPUTE: (A) WAIVES THEIR RIGHTS TO FILE A LAWSUIT AND HAVE A JURY DECIDE THAT DISPUTE; AND (B) AGREES INSTEAD TO SUBMIT SUCH DISPUTE TO A NEUTRAL THIRD PERSON (AN “ARBITRATOR”) FOR FINAL BINDING RESOLUTION. EACH PARTY TO

ARBITRATION HS AN OPPORTUNITY TO SUBMIT INFORMATION SUPPORTING THEIR CLAIMS AND DEFENSES TO THE ARBITRATOR.

SUCH PRE-ARBITRATION DISCOVERY IS MORE LIMITED THAT WHAT APPLIES IN A COURT TRIAL AND THE ARBITRATION ITSELF IS PRIVATE AND LESS FORMAL THAN A COURT TRIAL. YOU AGREE THAT ANY ARBITRATION ARISING OUT OF THIS PROVISION SHALL BE SUBJECT TO EXPEDITED ARBITRATION PROCEDURES, WHEN AVAILABLE. THE APPLICATION OF EXPEDITED ARBITRATION PROCEDURES SHOULD RESULT IN A FASTER FINAL DECISION. IN ORDER TO FACILITATE SUCH PROMPTNESS, THE SCOPE AND DURATION OF PRE-ARBITRATION DISCOVERY AND THE TIME ALLOWED FOR RESPONDING TO INFORMATION REQUESTS WILL BE MORE LIMITED THAN WHAT WOULD APPLY IN A NON-EXPEDITED ARBITRATION. AT THE CONCLUSION OF THE ARBITRATION, THE ARBITRATOR WILL ISSUE A FINAL AND BINDING DECISION THAT CAN BE ENFORCED IN THE SAME MANNER, AND TO THE SAME EXTENT, AS A COURT JUDGMENT AND IS UNLIKELY TO BE OVERTURNED OR REJECTED BY ANY COURT.

THE FOLLOWING DEFINITIONS APPLY TO THIS ARBITRATION PROVISION “ADMINISTRATOR” MEANS THE ARBITRATORS LISTED BELOW. “DISPUTE” AND “DISPUTES” ARE GIVEN THE BROADEST POSSIBLE MEANING AND INCLUDE, WITHOUT LIMITATION: (a) ALL CLAIMS, DISPUTES OR CONTROVERSIES ARISING FROM OR RELATING DIRECTLY OR INDIRECTLY TO THE USE OF THIS SITE, THE VALIDITY AND SCOPE OF THE ARBITRATION PROVISION AND ANY CLAIM OR ATTEMPT TO SET ASIDE THIS ARBITRATION PROVISION; (b) ALL FEDERAL OR STATE CLAIMS, DISPUTES, OR CONTROVERSIES, ARISING FROM OR RELATING DIRECTLY OR INDIRECTLY TO THE USE OF THIS SITE; (c) ALL COUNTERCLAIMS, CROSSCLAIMS AND THIRD-PARTY CLAIMS; (d) ALL COMMON LAW CLAIMS, BASED UPON CONTRACT, TORT FRAUD OR OTHER INTENTIONAL TORTS; (e) ALL CLAIMS BASED UPON A VIOLATION OF ANY STATE OR FEDERAL CONSTITUTION, STATUTE OR REGULATION; (f) ALL CLAIMS BY Fast Capital Advance AGAINST USER INCLUDING ITS EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, GOVERNORS, MEMBER, OR AFFILIATE ENTITIES INCLUDING CLAIMS FOR MONEY DAMAGES AND OR EQUITY OR PRIVATE INJUNCTIVE RELIEF; (g) ALL CLAIMS ASSERTED BY USER AGAINST Fast Capital Advance INCLUDING ITS EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, SHAREHOLDERS, GOVERNORS, MANAGERS, MEMBER OR AFFILIATED ENTITIES INCLUDING ALL COUNTERCLAIMS, CROSSCLAIMS AND THIRD-PARTY CLAIMS.

ANY PARTY TO A DISPUTE, INCLUDING RELATED THIRD-PARTIES, MAY SEND THE OTHER PARTY WRITTEN NOTICE BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OF THEIR INTENT TO ARBITRATE AND SETTING FORTH THE SUBJECT OF THE DISPUTE ALONG WITH THE RELIEF REQUESTED, EVEN IF A LAWSUIT HAS BEEN FILED.

YOU AGREE THAT THE ARBITRATION SHALL BE IN ENGLISH. YOU FURTHER AGREE THAT THE ARBITRATOR SHALL APPLY APPLICABLE SUBSTANTIVE LAW CONSISTENT WITH THE FEDERAL ARBITRATION ACT, 9 U.S.C. §1 ET SEQ. (“FAA”), AND APPLICABLE STATUES OF LIMITATION AND SHALL HONOR CLAIMS OF PRIVILEGE RECOGNIZED AT LAW. THE PARTIES TO THE DISPUTE WILL BE GOVERNED BY THE RULES AND PROCEDURES OF THE ADMINISTRATOR TO THE EXTENT THOSE RULES AND PROCEDURES: (i) DO NOT CONTRADICT THE EXPRESS TERMS OF THIS ARBITRATION PROVISION; AND (ii) APPLY THE APPLICABLE ADMINISTRATOR’S EXPEDITED ARBITRATION PROCEDURES.

AT THE REQUEST OF EITHER PARTY THE ARBITRATOR SHALL PROVIDE A WRITTEN EXPLANATION OF THE ARBITRATOR’S DECISION AND/OR AWARD.THE ARBITRATOR WILL APPLY THE APPLICABLE SUBSTANTIVE LAW RELATING TO THE DISPUTE AND AWARD ANY REMEDIES AVAILABLE AS IF THE DISPUTE WAS HEARD BY A COURT.THE ARBITRATOR’S AWARD MAY BE FILED WITH ANY COURT HAVING JURISDICTION. THE ARBITRATION HEARING WILL BE HELD AT A LOCATION CHOSEN BY THE SELECTED ARBITRATOR OR VIA ZOOM OR TELEPHONE. ARBITRATION FEES SHALL BE EQUALLY DIVIDED BETWEEN THE PARTIES THROUGHOUT THE ARBITRATION; HOWEVER, THEY SHALL BE SUBJECT TO REIMBURSEMENT. THE ARBITRATOR’S DECISION IS AND BINDING, EXCEPT FOR ANY RIGHT OF APPEAL PROVIDED BY THE FAA.

IF YOU OBJECT TO THIS ARBITRATION PROVISION DO NOT USE THIS SITE.

12. WAIVER OF JURY TRIAL.

YOU ACKNOWLEDGE AND AGREE THAT AS A USER OF THIS SITE YOU ARE ENTERING INTO AN AGREEMENT TO ARBITRATE AND WAIVE YOUR RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE ANY DISPUTE ALLEGED AGAINST Fast Capital Advance OR RELATED THIRD PARTIES; WAIVE YOUR RIGHT TO HAVE A COURT, OTHER THAT A SMALL CLAIMS TRIBUNAL RESOLVE ANDY DISPUTE ALLEGED AGAINST Fast Capital Advance OR RELATED THIRD PARTIES.

13. NO CLASS ACTIONS.

ALL DISPUTES INCLUDING ANY REPRESENTATIVE CLAIMS AGAINST Fast Capital Advance AND OR RELATED TO THIRD PARTIES SHALL BE RESOLVED BY BINDING ARBITRATION ONLY. WAIVE YOUR RIGHT TO SERVE AS A REPRESENTATIVE, OR IN ANY OTHER REPRESENTATIVE CAPACITY, AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OR CLAIMANTS, IN ANY LAWSUIT FILED AGAINST Fast Capital Advance AND/OR ITS RELATED THIRD PARTIES. DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. THE ARBITRATOR SHALL NOT HAVE THE POWER TO CONDUCT CLASS ARBITRATION OR TO CONSOLIDATE CLAIMS OF MULTIPLE PARTIES.

14.BINDING EFFECT; GOVERNING LAW, VENUE, AND JURISDICTION

EXCEPT AS SET FORTH IN THE ARBITRATION SECTION, THE USE OF THIS SITE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA, WITHOUT REGARD TO ANY APPLICABLE CONFLICTS OF LAW. YOU AGREE AND UNDERSTAND THAT Fast Capital Advance IS LOCATED IN New Jersey, Fast Capital Advance MAKES ALL DECISIONS FROM Can ’S OFFICE IN New Jersey, AND CONDUCTS ALL ITS BUSINESS FROM New Jersey. ANY SUIT, ACTION OR PROCEEDING ARISING HEREUNDER, OR THE INTERPRETATION, PERFORMANCE OR BREACH, SHALL IF Fast Capital Advance SO ELECTS BE INSTITUTED IN ANY COURT SITTING IN New Jersey COUNTY (“ACCEPTABLE FORUM”). YOU AGREE THAT THE ACCEPTABLE FORUMS ARE CONVENIENT AND SUBMIT TO THE JURISDICTION OF THE ACCEPTABLE FORUMS AND WAIVE ANY AND ALL OBJECTIONS TO JURISDICTION OR VENUE. YOU WAIVE ANY RIGHT TO OPPOSE ANY MOTION OR APPLICATION MADE BY Fast Capital Advance TO TRANSFER SUCH PROCEEDING TO AN ACCEPTABLE FORUM.

NOTWITHSTANDING THE ARBITRATION CLAUSE SET FORTH ABOVE, ALL CLAIMS LESS THAN $50,000.00 SHALL BE SUBJECT TO MANDATORY ARBITRATION IN THE New Jersey COURTS.

15. MISCELLANEOUS

16. Entire Agreement. These terms and any and all language directly linked to or within these terms constitute the entire agreement between you and Fast Capital Advance relating to the subject matter of these Terms of Use, and these Terms of Use supersede all prior or contemporaneous communications or proposals relating to the subject matter of these Terms of Use.

17. Severability. In the event any part of these Terms of Use is found to be invalid, void, or unenforceable in any respect, the validity, legality, and enforceability of any other term contained therein or herein shall not in any way be affected or impaired and shall remain in full force and effect.

Assignment. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but they may be assigned by Fast Capital Advance without restrictions or limitations. Any attempted transfer or assignment in violation hereof shall be null and void.
Waiver. Our failure to enforce any part of these Terms of Use shall not be deemed a waiver of any further rights hereunder, and does not mean we give up the right to later enforce that part or any other part.
No Interpretation of Caption or Headings. The captions and headings within these Terms of Use are for ease of reference only and are not intended to create any substantive meaning or to modify the terms or clauses either following them or contained in any other provisions herein.

18. PRIVACY POLICY

In addition to reviewing these Terms of Use, you should also review our Privacy Policy to better understand how we collect and use your personal information. Your use of the Sites constitutes your agreement to the terms and conditions of our Privacy Policy.

19. CONTACT INFORMATION

If you have any questions or concerns about these Terms, please contact us at robert@fastcapitaladvance.com