Terms & conditions

1. Acceptance of terms

By accessing our website, contacting us, submitting an application, or engaging our consulting services, you acknowledge that you have read, understood, and agree to these Terms and our Privacy Policy.

2. Services overview

America Business Advance provides professional business consulting and advisory services, including but not limited to:

• Strategic planning and advisory
• Business development consulting
• Operational improvement services
• Financial planning and analysis
• Market research and insights
• Customized consulting solutions
• Help exploring merchant cash advances and other working-capital options offered by third-party funding providers

We are not a bank, credit union, or direct lender. We do not make credit decisions, and we do not guarantee that any provider will approve, fund, or offer particular terms. The specific scope of a consulting engagement will be defined in a separate written service agreement or engagement letter. A funding offer, if any, is a contract between you and the funding provider.

3. Eligibility

You must be at least 18 years of age and have the legal capacity to enter into binding agreements to use our services. Applications must be for a business purpose and submitted by someone authorized to bind the business and to share owner information.

4. User responsibilities

You agree to:

• Provide accurate and complete information, including on any funding application
• Maintain confidentiality of any credentials
• Use our services for lawful purposes only
• Not interfere with or disrupt our systems
• Comply with all applicable laws and regulations
• Upload only documents you have the right to share

5. Intellectual property

All content on our website, including text, graphics, logos, trademarks, designs, and software, is the property of America Business Advance or its licensors and is protected by applicable intellectual property laws.

You may not:

• Copy, reproduce, or distribute content without written authorization
• Use our branding or trademarks without permission
• Attempt to reverse engineer or exploit website systems

6. Consulting engagements

Service agreements

All consulting engagements require a separate written agreement outlining scope of work, deliverables, timeline, fees and payment terms, and confidentiality obligations.

Payment terms

Unless otherwise specified in writing:

• Invoices are due within 30 days of receipt
• Late payments may incur interest or collection costs
• Services may be suspended for non-payment

Submitting a funding application through this website does not, by itself, create a fee. Any commission a funding provider pays us is separate from amounts you remit under your agreement with that provider, unless a written agreement with you says otherwise.

Cancellation and refunds

• Written notice is required for cancellation of a consulting engagement
• Fees for work completed are non-refundable
• Refund eligibility depends on engagement status

7. Applications and funding

Information you submit, including bank statements, identification, tax identifiers, and a signature, is sent to our funding desk so it can be reviewed and, where appropriate, shared with funding providers. You represent that every owner whose information you submit has authorized that disclosure.

An application is not an offer of credit, a commitment to fund, or an agreement to accept funding. Merchant cash advances are typically purchases of future receivables, not loans. Costs, holdback, and collection method are set only in a provider’s agreement. You are responsible for reading that agreement. We do not promise a specific amount, factor, APR, or funding date.

8. Confidentiality

Both parties agree to maintain confidentiality of proprietary or non-public information and use it only for the intended business purpose. Additional confidentiality obligations may be governed by NDAs. You understand that sharing an application with a funding provider is an intended purpose of the application.

9. Limitation of liability

To the fullest extent permitted by law:

• We are not liable for indirect, incidental, special, consequential, or punitive damages
• Total liability will not exceed fees you paid us for the service giving rise to the claim
• We do not guarantee specific business outcomes, approvals, or funding results

Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

10. Disclaimers

Services and the website are provided “as is” and “as available,” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. You are responsible for independent verification before implementing recommendations or accepting a funding offer.

11. Indemnification

You agree to indemnify and hold harmless America Business Advance, its officers, employees, and agents from any claims, losses, damages, or expenses arising from:

• Your use of our services
• Violation of these Terms
• Misrepresentation or unlawful conduct
• Information you submit about a business or an owner

12. SMS text messaging terms

By opting into our SMS program, you agree to receive informational and promotional text messages.

• Message frequency varies (typically up to one per week)
• Message and data rates may apply
• Reply STOP to opt out
• Reply HELP for assistance
• Consent is not required to use our services or to submit an application

13. Third-party links and processors

Our website may contain links to third-party sites and may hand an application to a form processor or funding provider. We are not responsible for their content, availability, underwriting, or privacy practices.

14. Modifications

We reserve the right to modify these Terms at any time. Updates take effect upon posting with an updated date. Continued use constitutes acceptance.

15. Termination

We may suspend or terminate access to our services at any time for lawful reasons, including an incomplete or misleading application. You may stop using the site at any time. You may end a consulting engagement as the written agreement describes.

16. Governing law and dispute resolution

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law rules.

Disputes will be resolved through good-faith negotiation, then mediation, then binding arbitration, except where applicable law requires otherwise. Any court proceeding that is permitted must be brought in the state or federal courts located in New York.

17. Severability

If any provision is deemed unenforceable, the remaining provisions will remain in full force and effect.

18. Entire agreement

These Terms, our Privacy Policy, and any written service agreements constitute the entire agreement between you and America Business Advance regarding the website and our consulting services. A separate contract with a funding provider governs any advance that provider makes.

19. Contact information

America Business Advance
Joe Brown
107 E Broadway
New York, NY 10002
joe@americabusinessadvance.com
+1 (917) 342-2936

20. Acknowledgment

By using our website or services, you acknowledge that you have read and agree to these Terms & Conditions.