Welcome to the website of Hard Rock Financial (“Company,” “we,” “our,” or “us”). By accessing this website, submitting an application, providing information, requesting financing, or using any services offered through this website, you (“Merchant,” “Applicant,” “User,” or “Guarantor”) agree to be legally bound by these Terms and Conditions.
If you do not agree to these Terms, do not access or use this website or any Company services.
1. Commercial Purpose Only
All products and services offered by Company are intended strictly for commercial or business purposes only and not for personal, family, or household use. Merchant represents that all financing requests are made exclusively for business purposes.
2. No Guarantee of Approval or Funding
Submission of an application or inquiry does not guarantee approval, funding, or any specific financing terms.
Company reserves the unrestricted right to:
- Approve or deny any application
- Modify terms
- Suspend processing
- Cancel applications
- Refuse service
- Terminate relationships
At any time, for any lawful reason, with or without notice.
3. Purchase of Future Receivables
Any merchant cash advance transaction facilitated by Company constitutes a purchase and sale of future receivables and is not intended to be, nor shall it be construed as, a loan.
Merchant acknowledges:
- The purchased amount is contingent upon future receivables
- There is no fixed repayment term
- Payments may fluctuate consistent with receivables
- Company assumes the risk of business slowdown subject to contractual terms
4. No Financial, Legal, or Tax Advice
Company does not provide legal, tax, accounting, or financial advice. Merchant is solely responsible for evaluating whether any financing product is appropriate and should consult independent advisors.
5. Authorization to Verify Information
Merchant and each Guarantor authorize Company and its partners to:
- Obtain consumer and commercial credit reports
- Verify bank accounts and transaction history
- Contact relevant third parties for verification
- Verify tax returns, revenues, ownership, and operations
- Access business and financial records
- Re-verify information at any time
6. Electronic Communication Consent
Merchant consents to receive communications via email, SMS, calls, automated systems, WhatsApp, and similar platforms, and agrees to electronic delivery of all documents and notices.
7. ACH Authorization
Merchant authorizes ACH debits and credits and agrees not to revoke or interfere with authorized transactions without written consent.
8. Events of Default
Merchant may be in default upon events including but not limited to:
- Returned ACH transactions or insufficient funds
- Misrepresentation or omission
- Bankruptcy or insolvency
- Unauthorized business changes
- Violation of agreements
- Suspicious or criminal activity
9. Collection Rights
Company may pursue all legal remedies including UCC filings, litigation, arbitration, and collections. Merchant agrees to pay all enforcement costs including attorneys’ fees and related expenses.
10. Personal Guaranty
Each guarantor is personally liable for all obligations of the Merchant.
11. No Fiduciary Relationship
No fiduciary, partnership, or agency relationship exists between Merchant and Company.
12. Disclaimer of Warranties
Services are provided “AS IS” without warranties of any kind including merchantability, fitness, accuracy, or availability.
13. Limitation of Liability
Company is not liable for indirect, incidental, or consequential damages. Maximum liability is limited to fees paid to Company.
14. Indemnification
Merchant agrees to indemnify and hold harmless Company and affiliates from all claims arising from use of services or breach of terms.
15. Arbitration Agreement
All disputes shall be resolved through binding individual arbitration in New York. Merchant waives jury trial and class action rights.
16. Governing Law and Venue
These Terms are governed by the laws of the State of New York with exclusive jurisdiction in New York courts.
17. Intellectual Property
All website content is owned by Company and protected by intellectual property laws.
18. Website Security
Unauthorized access, scraping, interference, or reverse engineering is strictly prohibited.
19. Privacy
Merchant consents to data collection, storage, sharing, and transfer with partners and affiliates as part of business operations.
20. Modifications
Company may update these Terms at any time. Continued use constitutes acceptance.
21. Severability
If any provision is unenforceable, remaining provisions remain valid.
22. Entire Agreement
These Terms constitute the full agreement between Merchant and Company regarding website use.