Terms of Use

These Terms of Use shall become effective as of January 1, 2024.

Introduction

This document forms a legal agreement between you and Turbo Funds LLC, a company located at 99 Wall St #5708, New York, NY 10005. By accessing this website, including any sub-sites (collectively referred to as the “Site”), and/or using any of the Services (as defined below) available through the Site, you become a user and agree to be bound by the terms and conditions of this agreement, along with the Privacy Policy (together referred to as “Terms”), for as long as you continue to use the Site or Services. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE THE SITE OR THE SERVICES. Your use of, or participation in, certain Services may be subject to additional terms, which will be either included in these Terms or presented to you for acceptance when you sign up to use such Services or purchase such products. It is important to review these Terms periodically for updates, as we reserve the right to change, modify, add, or remove portions of these Terms at our sole discretion. Your continued use of the Site after changes are posted signifies your acceptance and agreement to these changes. The date of the last revision of these Terms is indicated at the beginning of the document.

In these Terms, certain terms have specific meanings. “Turbo Funds LLC” is referred to as “we”, “us”, “our”, and similar variations. The term “Service” encompasses the products, services, and software that you order, receive, or access as part of your use of the Site. THESE TERMS STATE THAT ANY DISPUTES BETWEEN YOU AND TURBO FUNDS LLC MUST BE RESOLVED THROUGH BINDING ARBITRATION, AND YOU WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTIONS. THE LAWS OF THE STATE OF NEW YORK GOVERN ALL INTERACTIONS BETWEEN YOU AND TURBO FUNDS LLC. YOU CAN OPT OUT OF ARBITRATION AND THE CLASS ACTION WAIVER BY FOLLOWING THE PROCEDURES DETAILED IN SECTION 10.G BELOW.

Description of Services

Turbo Funds LLC offers a range of business services (the “Services”) accessible through our website. We reserve the right to modify or discontinue any part of our Services at any time.

Marketplace Services

At Turbo Funds LLC, we connect eligible small business owners with banks, credit unions, and other financial institutions for funding solutions (the “Marketplace Services”). Our role is to help business owners identify appropriate funding types and connect them with potential funders, facilitating opportunities to prepare for and secure business loans.

Additional Services

Turbo Funds LLC may introduce new products and services, to which these Terms of Use will also apply.

Use of Website and Services

As a user of our website or a registered user of any Services (a “Registered User”), you agree to the following:

Exclusive Use: Your account is for your use only, specifically for your business needs. You cannot allow others to use your account, nor can you transfer it to another person or entity. Turbo Funds LLC is not liable for unauthorized access to your account due to theft or misappropriation of your credentials.

Information Submitted: You bear full responsibility and liability for the information and content you submit or make available through our website and any Services. Creating duplicate accounts is prohibited and may result in your account being suspended.

Risk Assumption: You assume all risks associated with using the Services, including interactions with third parties like lenders you are matched with.

No Guarantees: Turbo Funds LLC does not guarantee successful matches for every individual or business using the Services, nor the suitability of business funding for each user.

Accuracy of Information: You commit to providing accurate, current, and complete information. Turbo Funds LLC reserves the right to terminate your access to the Services if provided information is found to be incomplete, fraudulent, or inaccurate.

Legal and Business Purposes: Use of our website and Services must comply with all applicable federal, state, and local laws and must be for legitimate business purposes. They are not intended for personal, family, or household uses.

Intellectual Property Rights

Ownership and Use: Turbo Funds LLC owns all rights to the website and Services. These are protected by laws and regulations. Your use is limited to what is expressly authorized by these Terms. No copying, reproducing, modifying, or creating derivative works from the website or Services is permitted.

Confidential Information: Do not post, modify, or use any confidential information or other copyrighted material, trademarks, or proprietary information accessible via the website or Services without prior written consent of the rights owner.

License to Provided Content: By submitting content to any account or public area of the website or Service, you grant Turbo Funds LLC a perpetual, worldwide license to use, reproduce, display, and distribute this content, and to create derivative works from it. Participation in new features or services implies agreement to these terms.

Links to Third-Party Websites and Dealings with Advertisers and Sponsors

Our Site and Services may feature links to third-party websites, including advertisers, over which Turbo Funds LLC has no control. We are not responsible for the content of any linked site, any link within a linked site, or any changes or updates to such sites. These links are provided for your convenience, and the inclusion of any link does not imply endorsement or acceptance of responsibility for the content on these third-party websites. Your interactions, business dealings, or participation in promotions with advertisers or third parties found through our Site or Services are solely between you and the respective advertiser or third-party. Turbo Funds LLC shall not be liable for any loss or damage of any kind incurred as a result of such dealings or the presence of such advertisers on our Site or Services. Please see our Privacy Policy for more information on how we use your information.

Disclaimer of Warranty

No Warranties. THIS SECTION IS ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. Turbo Funds LLC provides the Services “AS IS” and “AS AVAILABLE” and disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the Services will be secure, uninterrupted, always available, error-free, or will meet your requirements, or that any defects will be corrected. Turbo Funds LLC is not liable for the connectivity and availability of the Services. Third-party content is the responsibility of their respective authors and should not be relied upon without independent verification. Turbo Funds LLC does not endorse or accept responsibility for the accuracy or reliability of any information, advice, or statements made by third parties. Under no circumstances will Turbo Funds LLC be responsible for any loss or damage resulting from reliance on information or content posted on the Services.

Beta Features

From time to time, Turbo Funds LLC may offer new “beta” features or tools on the Site or Services for experimental purposes, without any warranty, and may be modified or discontinued at our discretion. The provisions of this Disclaimer of Warranty section apply to these features or tools.

Limitation of Liability

Incidental Damages and Aggregate Liability. IN NO EVENT WILL Turbo Funds LLC BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES. This includes, but is not limited to, damages for loss or corruption of data or programs, service interruptions, and procurement of substitute services, even if Turbo Funds LLC is aware of the possibility of such damages. Under no circumstances will Turbo Funds LLC’s aggregate liability, in any form of action whatsoever in connection with these Terms or the use of the Services or Site, exceed the amount paid by you for your account or subscription, or, if you have not paid Turbo Funds LLC for the use of any Services, USD $25.00 or its equivalent.

Information Verification

Turbo Funds LLC and its contractors may use various methods to verify information provided by users. However, no method is infallible, and you agree that Turbo Funds LLC and its contractors will have no liability to you arising from any incorrectly verified information.

Indemnification

You agree to indemnify, defend, and hold harmless Turbo Funds, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of (i) your use of or inability to use the Site or Services, (ii) any user postings made by you, (iii) your violation of any terms of these Terms or your violation of any rights of a third-party, or (iv) your violation of any applicable laws, rules, or regulations. Turbo Funds reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Turbo Funds in asserting any available defenses.

User Information

Privacy Policy. For information about the collection and possible use of information and material provided by you, please refer to Turbo Funds’ Privacy Policy located on the Site. By using the Site or the Services, you consent to the terms of Turbo Funds’ Privacy Policy.

Disclosure by Law. You acknowledge and agree that Turbo Funds may disclose information you provide if required by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (i) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); or (ii) protect or defend Turbo Funds’, or a third-party’s, rights or property.

Information Security. We strive to protect Turbo Funds and our users from unauthorized access, alteration, disclosure, or destruction of information. This includes encrypting many of our services using industry standard methods, regularly reviewing our information collection, storage, and processing practices, including physical security measures, and restricting access to personal information to Turbo Funds employees, contractors, and agents who need to know that information for processing, all of whom are bound by strict contractual confidentiality obligations.

Use of Anonymous Information for Research. By using the Site and/or Services, you agree to allow Turbo Funds to anonymously use the information from you and your experiences to continue research into successful business practices and to improve the Services.

License Regarding Your Content. You retain ownership of the content you provide to the Site or as part of your use of the Services. However, by submitting your content, you grant Turbo Funds a perpetual, non-exclusive, irrevocable, royalty-free license to use your content, including sharing it with trusted companies, organizations, and individuals for the performance of the Services.

Restrictions

You and any third parties are prohibited from using the Services as a money services business, on behalf of a third party, for abuse, in violation of any law or agreement, for perpetrating fraud, or for unauthorized purposes.

Dispute Resolution by Binding Arbitration

You and Turbo Funds agree to arbitrate disputes rather than going to court. Arbitration is more informal and uses a neutral arbitrator instead of a judge or jury. This arbitration will be individual; class arbitrations and class actions are not permitted.

Opt-Out. New users may opt out of arbitration within 30 days of accepting these Terms.

Modifications. Any future changes to this arbitration agreement can be rejected within 30 days of the change.

Severability and Enforceability

If any part of this arbitration agreement is found invalid or unenforceable, the other parts shall still apply. If the entire agreement is unenforceable, then the exclusive jurisdiction and venue described in these Terms will govern any action related to these Terms.

Telephone Communications and Agreement to be Contacted

Call Recording and Monitoring: You acknowledge that telephone calls to or from Turbo Funds, its agents, and affiliates, may be monitored and recorded. You agree to such monitoring and recording.

Providing Telephone Numbers and Other Contact Information: You confirm that the contact information you provide to Turbo Funds, including your name, mailing address, email address, residential or business telephone number, and/or mobile telephone number, is accurate. You affirm that you are the current subscriber or owner of any telephone number that you provide. You must not provide a phone number that is not your own. If false or inaccurate information is provided, your account may be suspended or terminated. You agree to immediately notify us of any changes in your contact information, including telephone numbers, by responding STOP to any text message, calling +1 (203) 350-6227, or emailing info@turbofunds.com.

Your Consent to Receive Automated Calls/Texts: By providing your telephone number(s), you consent to receive automated calls and text messages from Turbo Funds and third parties acting on its behalf. This consent applies even if your number is on a state or federal Do Not Call list. Turbo Funds may contact you at any provided or obtained contact information. You understand that agreeing to receive automated promotional calls/texts is not a condition of purchase or account creation. To opt-out, please see the instructions below.

Opt-Out Instructions: You may opt-out of automated calls and texts at any time. To opt-out of text messages, reply STOP to any message from us. For opting out of automated voice calls, you must send a written notice including your full name, mailing address, account number, and the phone number(s) to stop calls to info@turbofunds.com. Allow up to thirty (30) days for processing opt-out requests. Non-automated calls may still be made to you after opting out.

Fees and Charges: There is no charge for automated calls or texts from Turbo Funds. However, your carrier’s message and data rates may apply.

Unauthorized Use of Your Telephone Device: Immediately notify Turbo Funds of any unauthorized use of your telephone device. You may be liable for losses caused by unauthorized use.

Your Indemnification to Us

You agree to indemnify Turbo Funds for claims related to providing a telephone number not owned by you or failure to update contact information, including costs and attorneys’ fees.

Release of Claims

You release Turbo Funds from claims related to telephone calls or text messages, including alleged legal violations.

General Provisions

You are responsible for all equipment and services needed to receive calls and texts. Your obligations under this section survive the termination of these Terms of Service.

Text Message Terms and Conditions

By opting in to Turbo Funds’ Text Message Service, you agree to these terms and to resolve disputes through binding arbitration, waiving any right to participate in class actions as detailed in Turbo Funds’ Terms of Use.

Controlling Law and Jurisdiction: New York law governs these Terms. Any disputes will be subject to the jurisdiction of courts in New York.

Content: All content on the Site is owned by Turbo Funds and protected by various laws.

Confidentiality: Turbo Funds takes precautions to protect your account information, but cannot guarantee security.

Notification of Terms of Use Changes: Turbo Funds may update these Terms. Changes will be notified via email or on the Site.

Term and Termination: This agreement is effective upon use of the Site or Services and may be terminated by Turbo Funds at any time. Specific sections will survive termination.