Terms of Use

These Terms of Use (“Terms”) govern your access to and use of the website and online request form at pathtofunding.com (“PathToFunding,” “we,” “us,” or “our”). PathToFunding is a trading name of PathToFunding LLC, a Utah limited liability company. By accessing this site or submitting a funding request, you agree to these Terms on your own behalf and on behalf of the business you represent. If you do not agree, please do not use the site and do not submit a request.

1. What we are, and what we are not

PathToFunding is a connection provider and marketplace for revenue-based business funding in the form of a merchant cash advance (“MCA”). We collect the information you choose to submit about your business and pass it to third-party funders and purchasers in our network so that they can decide whether to contact you with an offer.

A merchant cash advance is the purchase of a portion of your business’s future receivables in exchange for funds provided up front. It is not a loan, the amounts you remit are not interest, and the cost is expressed as a fixed amount rather than an annual percentage rate. Where a third-party funder provides the funding, that funder’s own Revenue Purchase Agreement governs the transaction.

PathToFunding is not a funder and not a bank. We do not purchase receivables, we do not make funding decisions, we do not set or influence any factor, fee, holdback or remittance term, and we are not a party to the Revenue Purchase Agreement executed between your business and a third-party funder. We expressly disclaim any liability arising from those third-party agreements. Every funding decision is made independently by the funder, under its own criteria. We do not guarantee that any funder will contact you or make an offer, or that any agreement is the best available, and we do not endorse or recommend any funder in our network.

2. Eligibility and commercial use only

The funding requested through this site is offered only to small businesses and to self-employed individuals who operate a business, and only for commercial purposes. It is not a consumer product, is not offered to individuals in a personal capacity, and is not intended for personal, family or household use.

To submit a request you must be at least 18 years old, be the owner or an officer of a business operating in the United States (or a self-employed individual operating a business there), and be authorized to act on behalf of that business. Funders in our network generally look for a business that has been operating for about 3 months, with average monthly revenue of about $1,500 and a business bank account. Requests generally range from $100 to $5,000. Meeting these criteria does not guarantee that you will receive an offer.

Commercial-use certification. By submitting a request you certify that you are applying on behalf of a validly operating business, or as a self-employed operator of a business, and not as a consumer; that you are not seeking funds for personal, family or household purposes; and that any funds received will be used solely for business purposes. Requests made for personal or consumer purposes are not eligible and will be declined.

3. A request is not an application to us

Submitting information through this site is a request to be connected with funders. It is not an application for funding with PathToFunding, it is not an agreement, and it is not an offer. The amount you enter is the amount you would like to request; it is not an amount that has been approved, reserved or promised, and a funder may offer less, offer different terms, or offer nothing at all.

Your business is not committed to anything until you sign a Revenue Purchase Agreement with a funder. Reading an offer, asking questions about it and declining it costs nothing.

4. No fee, no advance fee, no guarantee

The service is free to you. There is no fee to use this site, no fee to submit a request and no fee from us at any later stage. We will never ask you to pay a fee in advance in exchange for a promise of funding. If anyone contacts you claiming to be PathToFunding and asks for an up-front payment, a gift card, a wire transfer or a prepaid card, it is not us. Stop, and report it to us at help@pathtofunding.com.

We may be compensated by a funder or marketing partner when a request we pass on results in a funded advance. That compensation may influence which funders receive your request and in what order. It is never paid by you and it does not change the terms a funder offers you. We do not guarantee funding, any amount, or any terms.

5. How your information is used and shared

By submitting a request you authorize us to share the information you provide about you and your business with funders, purchasers and marketing partners in our network, and with service providers who help us operate the site, for the purpose of connecting your business with a possible funding offer. A funder may, with your authorization, review your business bank account activity through a third-party connection provider. We do not store your bank login credentials. Our Privacy Policy explains what we collect and what your rights are.

Once your information reaches a funder, that funder handles it under its own privacy policy, not ours. We have no control over what a funder does with your information after it is passed on, and we are not responsible for a funder’s privacy or security practices.

6. Consent to be contacted

By submitting a request you agree that PathToFunding, the funders and purchasers we pass your request to, our marketing partners, and their agents may contact you at the telephone number and email address you provided, including by automatic telephone dialing system, artificial or prerecorded voice, and SMS text message, about your request and about business funding products.

Who sends what. PathToFunding itself contacts you by email, and by telephone where you have asked us to. PathToFunding does not run an SMS marketing program. The text messages this consent covers come from the funders and marketing partners your request reaches, and from their agents, each on its own terms.

What the messages are for. Verification of the email address or telephone number you gave us, status and account updates on a request you have submitted, an alert where something needs your attention, replies to questions you send us, and information about business funding options that may be available to you. Some are promotional and some are informational; your consent covers both.

How often. Message frequency varies. How many messages you receive depends on how you interact with us and on the status of your request; we do not send on a fixed schedule. Message and data rates may apply depending on your provider.

This consent is not a condition of any purchase or of receiving funding. You may withdraw it at any time: reply STOP to any text message you receive under this consent, use the unsubscribe link in any email, visit our unsubscribe page, or write to help@pathtofunding.com. We also honor the one-click unsubscribe control offered by most mail providers. Withdrawing consent from us does not withdraw it from a funder you were connected with; contact that funder directly.

Help. Reply HELP to any text message you receive under this consent, email help@pathtofunding.com or call (801) 742-0196. The full terms of the email program are in our Email Communications Terms.

7. Checking options is a soft inquiry

Submitting a request to us is a soft inquiry and does not affect your credit score. Before a final decision, a funder may, with your authorization, verify your business, its bank activity and the identity of its owners. Any such review is the funder’s, is made under the funder’s own authorization, and is described in its own documents. Ask the funder before you authorize it.

8. Cost and remittance of purchased receipts

The cost of a merchant cash advance is a fixed amount agreed before you sign, usually stated as the purchased amount (the advance multiplied by a factor). It is not interest and is not expressed as an annual percentage rate. Factors, fees and remittance terms are set entirely by the funder and vary with the funder, your business’s revenue and history, and the amount. Any figure shown on this site, including any figure produced by an interactive tool, is an illustrative example; it is not an offer, not a quote and not an average of our network.

If you accept an offer, delivery of the purchased receipts is typically made through a share of your daily or weekly receipts or through scheduled electronic debits from your business operating account. Because this is a purchase of future receivables and not a loan, remittances may vary with your actual business revenue. You will authorize those transfers separately in your Revenue Purchase Agreement, which sets out the remittance method, the schedule, your reconciliation rights and how to manage the authorization. Read it before you sign, and decline any offer that does not fit your business.

9. Restricted jurisdictions and Utah information

The funding requested through this site is not available in all states, and availability and terms vary by location. Funders in our network do not offer merchant cash advances to businesses in California and New York, each of which has its own commercial financing disclosure law. Requests from those jurisdictions will be declined. Whether your business qualifies, and with which funder, depends on the funders participating in our network at the time of your request.

Utah regulates commercial financing through its Commercial Financing Registration and Disclosure Act (Utah Code Title 7, Chapter 27), under which providers of commercial financing in the state register with the Utah Department of Financial Institutions and give the disclosures the Act requires. Those disclosures come from the funder, not from PathToFunding. Each funder in our network is responsible for its own registration and for its compliance with the laws of the states in which it operates.

10. Your obligations

You agree that the information you submit is true, accurate and complete, that you are authorized to submit it for the business, and that you will keep it up to date. Providing false information may result in denial and may be unlawful. You agree not to use the site to submit false or fraudulent information, to submit a request for a business you are not authorized to represent, to scrape, probe or interfere with the site or its security, to use it in a way that breaks any law, or to reverse engineer any part of it.

11. Intellectual property

The site, its design, its text, its marks and its code belong to PathToFunding LLC or its licensors and are protected by law. You may view and print pages for the legitimate purpose of evaluating and requesting our service. You may not copy, republish, sell or adapt any part of the site without our written permission.

12. Disclaimers

The site is provided “as is” and “as available” and we make no warranty of any kind about it, express or implied, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement. We do not warrant that the site will be uninterrupted or error free, that any request will reach any funder, that any funder will respond, or the products, terms or conduct of any funder in our network. Information on the site is general and is not financial, legal or tax advice.

Any link to a third-party website is provided for convenience only. We do not control those sites and are not responsible for their content, their products or their practices.

13. Limitation of liability

To the fullest extent permitted by law, neither PathToFunding LLC nor its members, officers, employees or agents will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or business opportunity, arising out of or in connection with your use of the site, any Revenue Purchase Agreement, or your dealings with any funder, whether based in contract, tort, statute or otherwise, even if we were advised of the possibility. Our total liability for any claim relating to the site will not exceed one hundred dollars ($100).

Nothing in these Terms limits any liability that cannot be limited under applicable law, and some jurisdictions do not allow the exclusion of certain damages, so parts of this section may not apply.

14. Indemnity

You agree, on behalf of yourself and your business, to indemnify and hold PathToFunding LLC, its affiliates, members and employees harmless from any claim, loss or expense (including reasonable attorneys’ fees) arising from information you submit that is false, from your breach of these Terms or of the commercial-use certification in section 2, or from your violation of any law or of the rights of a third party.

15. Disputes and arbitration

Most concerns can be resolved quickly. Before starting any formal proceeding, please write to help@pathtofunding.com and give us 30 days to try to resolve the matter with you in good faith.

If we cannot, you and we agree that any dispute arising out of or relating to these Terms or to your use of the site will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in Salt Lake County, Utah. Either of us may instead bring an individual claim in small claims court if it qualifies.

You and we each waive any right to bring or participate in a class, collective or representative action. The arbitrator may award relief only in favor of the individual party seeking relief. Any claim must be brought within one (1) year after it arises, or it is permanently barred.

This arbitration agreement does not apply to any dispute between your business and a funder. The funder’s Revenue Purchase Agreement governs that relationship.

16. Governing law

These Terms are governed by the laws of the State of Utah, without regard to its conflict-of-laws rules. Subject to section 15, you and we consent to the exclusive jurisdiction of the state and federal courts located in Salt Lake County, Utah.

17. Electronic communications

By using the site you consent to receive communications from us electronically, and you agree that electronic records and signatures satisfy any legal requirement that a communication be in writing. See our E-Sign Consent for the detail, including how to withdraw that consent and how to ask for a paper copy.

18. Changes to these Terms

We may update these Terms from time to time. Changes take effect when posted here, and the “last updated” date will reflect the latest revision. Your continued use of the site after a change means you accept the updated Terms.

19. Contact

PathToFunding LLC
175 South Main Street, Suite 1200
Salt Lake City, Utah 84111
help@pathtofunding.com · (801) 742-0196