Terms and Conditions

These Terms and Conditions (“Terms”) govern your use of arklinemerchantsolutions.com (the “Site”) and the services offered through it by Arkline Merchant Solutions LLC (“Arkline Merchant Solutions,” “we,” “us” or “our”). Please read them carefully.

1. Acceptance of These Terms

By accessing or using the Site or our services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Site.

2. Eligibility

You must be at least 18 years old and able to enter into a binding contract to use our services. If you use the Site on behalf of a business, you confirm that you are authorized to act for that business.

3. Our Services

Arkline Merchant Solutions helps businesses explore financing options, such as merchant cash advances, business loans, lines of credit, equipment financing and invoice factoring, and offers credit card processing services.

Unless we tell you otherwise in writing, we are not a lender. Financing is provided by independent funding partners, who make their own decisions and set their own terms. Submitting an application does not mean it will be approved or funded, and nothing on the Site is an offer or a commitment to provide financing.

Information on the Site is general information. It is not legal, tax, accounting or financial advice, and you should consult your own advisors before entering into any financing agreement.

4. Information You Provide and Your Account

The information you give us, including in any application, must be true, accurate and complete, and you must update it if it changes.

If you create an account, you are responsible for keeping your login details confidential and for all activity under your account. Tell us promptly if you believe your account has been used without your permission.

5. Acceptable Use

When using the Site, you must not:

• use the Site for any unlawful or fraudulent activity;
• submit false information, or apply on behalf of a business you are not authorized to represent;
• attempt to gain unauthorized access to the Site or its systems, interfere with its operation, or introduce viruses or other harmful code;
• use bots, scrapers or other automated means to access or copy the Site; or
• copy, modify or distribute the content of the Site except as these Terms allow.

6. Intellectual Property

The Site and its content, including text, graphics, logos and software, are owned by Arkline Merchant Solutions or its licensors and are protected by copyright, trademark and other laws. You may view and print pages of the Site for your own business use only.

7. Messaging Terms

Arkline Merchant Solutions operates one SMS program, which sends customer care text messages about your inquiry or application with Arkline Merchant Solutions, such as status updates, document requests and appointment scheduling.

You join the program only by ticking the SMS checkbox on a form on our website, arklinemerchantsolutions.com. The checkbox is never ticked for you and is never required to submit a form. Providing a phone number by itself is not consent to be texted. Consent is not a condition of obtaining financing or any purchase.

Message frequency may vary. Message and data rates may apply. Reply STOP at any time to opt out, or HELP for help. Carriers are not liable for delayed or undelivered messages.

When you reply STOP we record your opt-out immediately and send no further text messages to that number. You may receive one final message confirming it. If you want to start receiving messages again you can reply START or UNSTOP from the same number, or tick the SMS checkbox again on our website. We will not text that number again unless you do one of those two things.

Questions, opt-out help, or to withdraw consent, contact: info@arklinemerchantsolutions.com or (646) 491-6567.

The full terms of the program are on our SMS Terms page. See our Privacy Policy for how we handle the information you give us, including your SMS consent status.

8. Third-Party Websites

The Site may link to websites operated by others. We do not control and are not responsible for those websites, and a link does not mean we endorse them.

9. Disclaimer of Warranties

THE SITE, ITS CONTENT AND OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ITS CONTENT IS ACCURATE, COMPLETE OR CURRENT.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ARKLINE MERCHANT SOLUTIONS AND ITS OFFICERS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SITE OR OUR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages, so some of the above limitations may not apply to you.

11. Indemnification

You will indemnify and hold harmless Arkline Merchant Solutions and its officers, employees and agents from any claims, losses, liabilities and expenses, including reasonable attorneys’ fees, arising out of your breach of these Terms, your misuse of the Site, or inaccurate information you provide.

12. Termination

We may suspend or end your access to the Site at any time, without notice, if we believe you have violated these Terms. Sections 6 and 9 through 15 continue to apply after your access ends.

13. Governing Law and Venue

These Terms are governed by the laws of the State of New York, without regard to its conflict of law rules. Any dispute arising out of or relating to these Terms or the Site shall be brought only in the state or federal courts located in New York County, New York, and each party submits to the jurisdiction of those courts.

14. Changes to These Terms

We may update these Terms from time to time by posting the updated version on this page with a new “Last updated” date. Your continued use of the Site after that date means you accept the updated Terms.

15. General

If any provision of these Terms is found unenforceable, the remaining provisions stay in effect. Our failure to enforce any provision is not a waiver of it. These Terms, together with our Privacy Policy and SMS Terms, are the entire agreement between you and us about your use of the Site. Any financing or processing agreement you sign is governed by its own terms.

16. Contact Us

If you have questions about these Terms, contact us:

Arkline Merchant Solutions LLC

26 Broadway, Suite 934, New York, NY 10004

Email: info@arklinemerchantsolutions.com

Phone: (646) 491-6567