Terms and Conditions

Fargo Funding – Terms and Conditions

Last Updated: February 9, 2026

These Terms and Conditions (“Terms”) govern your access to and use of the Fargo Funding website, application portal, and related services (collectively, the “Services”). By accessing our website, submitting an application, checking a box, clicking “Submit,” or otherwise engaging Fargo Funding (“Company,” “we,” “our,” or “us”), you (“Client,” “you,” or “your”) acknowledge that you have read, understood, and agree to be legally bound by these Terms.

1. Eligibility, Authority, and Representations

1.1 Legal Capacity. You represent that you are at least eighteen (18) years old and have full legal capacity to enter into binding agreements.

1.2 Authority to Act. You represent and warrant that you are authorized to act on behalf of the business entity identified in the application and to bind such entity and its owners to these Terms.

1.3 Accuracy of Information. You certify that all information provided to Fargo Funding, whether electronically or otherwise, is true, complete, current, and not misleading.

1.4 Duty to Update. You agree to promptly notify Fargo Funding of any material changes to information previously submitted.

1.5 Lawful Use. You agree not to use the Services for any unlawful, fraudulent, misleading, or unauthorized purpose.

2. Authorization to Obtain Credit Reports and Verify Information

THIS SECTION IS MATERIAL AND REQUIRED BY OUR LENDERS.

2.1 Credit Authorization. By submitting an application or requesting funding through Fargo Funding, you expressly authorize Fargo Funding and its third-party lenders, funding partners, brokers, agents, service providers, successors, and assigns (“Funding Partners”) to obtain, review, and use consumer and/or business credit reports, including soft and hard credit inquiries, from any credit reporting agency.

2.2 Permissible Purpose. You acknowledge that this authorization constitutes a “permissible purpose” under the Fair Credit Reporting Act (FCRA) and applicable state laws.

2.3 Scope of Authorization. This authorization includes, without limitation:

  • Initial credit evaluation

  • Ongoing underwriting and funding consideration

  • Verification of identity, income, banking, ownership, and business operations

  • Account monitoring, renewals, modifications, servicing, and collections

2.4 Personal Guarantees. You authorize credit inquiries on any owner, officer, or guarantor associated with the application.

2.5 Duration. This authorization remains effective for the duration of your relationship with Fargo Funding and its Funding Partners unless revoked in writing, subject to applicable law.

3. No Guarantee of Approval or Funding

3.1 No Lending Authority. Fargo Funding is not a lender and does not make credit decisions.

3.2 No Guarantee. Submission of an application does not guarantee approval, funding, rates, terms, or availability of any financial product.

3.3 Third-Party Decisions. All credit decisions are made solely by Funding Partners, and Fargo Funding has no control over such decisions.

3.4 No Liability. Fargo Funding shall not be liable for any denial, modification, withdrawal, or change of funding terms.

4. Information Sharing and Data Use

4.1 Information Sharing. You consent to Fargo Funding collecting, storing, using, and transmitting your information to Funding Partners and service providers for purposes related to evaluating and processing your application.

4.2 Third-Party Systems. You acknowledge that Fargo Funding relies on third-party platforms, software, APIs, and data providers and is not responsible for their performance or security.

4.3 No Confidential Relationship. Submission of information does not create a fiduciary, advisory, or confidential relationship beyond what is required by law.

5. Electronic Communications, TCPA & E-SIGN Consent

5.1 Electronic Records. You consent to receive all disclosures, agreements, notices, and communications electronically.

5.2 Communications Consent. You expressly consent to receive communications via email, phone calls, SMS/text messages (including automated or prerecorded messages), and other electronic means regarding your application, funding offers, and related services.

5.3 TCPA Compliance. You acknowledge that message and data rates may apply and that consent is not a condition of funding.

5.4 Opt-Out. You may revoke communication consent by written notice, subject to legal and operational limitations.

6. Disclaimers of Warranties

6.1 As-Is Services. The Services are provided “as is” and “as available.”

6.2 No Warranties. Fargo Funding disclaims all express or implied warranties, including merchantability, fitness for a particular purpose, accuracy, and non-infringement.

6.3 No Assurance. Fargo Funding does not warrant uninterrupted service, error-free operation, or successful funding outcomes.

7. Limitation of Liability

7.1 Maximum Limitation. To the fullest extent permitted by Florida law, Fargo Funding and its affiliates, officers, directors, employees, agents, and Funding Partners shall not be liable for any indirect, incidental, consequential, special, or punitive damages.

7.2 Liability Cap. Fargo Funding’s total aggregate liability, if any, shall not exceed $100 USD, regardless of cause or theory of liability.

7.3 Third-Party Actions. Fargo Funding shall not be liable for acts, omissions, decisions, or conduct of Funding Partners or third parties.

8. Indemnification

You agree to indemnify, defend, and hold harmless Fargo Funding and its affiliates from any claims, damages, losses, liabilities, costs, or expenses (including attorneys’ fees) arising from:

  • Your breach of these Terms

  • False or misleading information submitted

  • Use or misuse of the Services

  • Violations of applicable laws or regulations

9. Arbitration, Venue, and Class Action Waiver

9.1 Binding Arbitration. Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA).

9.2 Location. Arbitration shall take place in Miami-Dade County, Florida.

9.3 Class Action Waiver. You waive any right to participate in a class, collective, or representative action.

9.4 Jury Trial Waiver. You knowingly and voluntarily waive any right to a jury trial.

10. Governing Law

These Terms shall be governed by and construed under the laws of the State of Florida, without regard to conflict-of-law principles.

11. Severability

If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.

12. Amendments

Fargo Funding reserves the right to modify these Terms at any time. Continued use of the Services constitutes acceptance of the updated Terms.

13. Contact Information

Fargo Funding
Email: info@fargo-funding.com
Phone: (718) 635-3917