Please read these terms carefully before using our services.
Last Updated: April 9, 2025
Effective Date: April 9, 2025
By accessing, browsing, or using the Top Market Funding website (the "Website") or any services provided by Top Market Funding ("we," "us," "our," or "Company"), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions ("Terms") and all applicable laws and regulations. If you do not agree with any of these Terms, you are prohibited from using or accessing this Website and our services.
These Terms constitute a legally binding agreement between you and Top Market Funding. Your use of our services, including but not limited to submitting applications for business funding, constitutes your acceptance of these Terms in their entirety.
Top Market Funding provides business funding solutions including but not limited to:
All funding products are subject to credit approval, underwriting criteria, and availability. We reserve the right to modify, suspend, or discontinue any service at any time without prior notice.
To be eligible for our business funding services, you must:
We reserve the right to verify any information you provide and to conduct background checks, credit checks, and other due diligence as we deem necessary. Approval of any funding application is at our sole discretion.
When you apply for funding through Top Market Funding:
Applications are subject to our underwriting standards, which we may modify from time to time without notice. We reserve the right to reject any application for any reason at our sole discretion.
If your application is approved, you will receive a funding agreement or loan contract that sets forth the specific terms of your funding, including but not limited to:
You are required to carefully review and understand all terms of the funding agreement before accepting the funds. By accepting funds, you agree to be bound by all terms and conditions set forth in the funding agreement.
Use of Funds: You agree to use funding proceeds solely for legitimate business purposes as disclosed in your application. Misuse of funds may constitute default and may result in immediate acceleration of repayment obligations.
Interest Rates and Factor Rates: Interest rates, annual percentage rates (APR), and factor rates vary based on multiple factors including creditworthiness, business financials, time in business, industry, loan amount, and loan term. Rates are determined at the time of approval and disclosed in your funding agreement.
Fees: We may charge various fees including:
All fees will be clearly disclosed in your funding agreement. You are responsible for reviewing and understanding all fees before accepting funding.
Repayment: Repayment terms vary by product type and are specified in your funding agreement. Methods of repayment may include:
You are responsible for ensuring sufficient funds are available in your account on scheduled payment dates. You authorize us and our service providers to initiate ACH withdrawals from your designated business bank account for repayment purposes.
You will be in default under your funding agreement if you:
Remedies: Upon default, we may, at our option:
You will be responsible for all costs of collection, including reasonable attorneys' fees and expenses, incurred in connection with any default.
IMPORTANT FRAUD WARNING:
8.1 Fraudulent Applications Prohibited: It is illegal and strictly prohibited to submit fraudulent or false information when applying for business funding. This includes but is not limited to:
8.2 Consequences of Fraud: Any fraudulent activity will result in:
8.3 Federal and State Laws: Business funding fraud violates multiple federal and state laws, including:
8.4 Our Fraud Prevention Measures: We actively combat fraud through:
8.5 Your Responsibility: You are responsible for:
8.6 Reporting Fraud: If you suspect fraudulent activity or have been a victim of fraud, please contact us immediately at:
You may also report fraud to:
8.7 Identity Verification: We reserve the right to require additional identity verification at any time, including but not limited to:
Failure to provide requested verification documents may result in denial of your application or termination of services.
The Website and all content, features, functionality, designs, logos, trademarks, service marks, and other materials displayed on the Website are owned by Top Market Funding or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
You may not:
DISCLAIMER OF WARRANTIES: THE WEBSITE AND ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES of MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.
LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TOP MARKET FUNDING AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE WEBSITE OR SERVICES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR $100, WHICHEVER IS GREATER.
Some jurisdictions do not allow the exclusion of implied warranties or the limitation of liability for incidental or consequential damages, so some of the above limitations may not apply to you.
You agree to indemnify, defend, and hold harmless Top Market Funding and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.
Jurisdiction and Venue: Any legal action or proceeding arising out of or relating to these Terms or our services shall be instituted exclusively in the federal or state courts located in Suffolk County, New York. You consent to the personal jurisdiction of such courts and waive any objection to venue.
Arbitration: At our sole discretion, we may require that disputes be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that we may seek injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property or prevent fraud.
Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
We reserve the right to modify these Terms at any time. We will notify you of any material changes by:
Your continued use of the Website or services after any changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue use of our services.
Material changes to Terms affecting existing funding agreements will be communicated in accordance with applicable law and your funding agreement.
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if such modification is not possible, severed from these Terms. The validity, legality, and enforceability of the remaining provisions shall not be affected.
No waiver by Top Market Funding of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
These Terms, together with your funding agreement (if applicable) and our Privacy Policy, constitute the entire agreement between you and Top Market Funding regarding your use of the Website and services, and supersede all prior or contemporaneous communications, agreements, and understandings, whether written or oral.
We may assign, transfer, or subcontract our rights and obligations under these Terms at any time without notice to you. You may not assign, transfer, or subcontract your rights or obligations under these Terms without our prior written consent.
If you have any questions about these Terms and Conditions, please contact us:
Top Market Funding
375 W Main St #519, Huntington, NY 11743
Phone: +15167272849
Email: deals@topmarketfunding.com
By using our Website or services, you acknowledge that:
