These Terms of Service (“Terms”) govern your access to and use of the website, services, and SMS messaging program of Nick of Time Funding(“Company,” “we,” “us,” or “our”). By using our site, submitting an inquiry, or opting in to receive text messages from us, you agree to these Terms.
1. Eligibility
1. Eligibility & Age Restriction (18+)
You must be at least 18 years of age and legally able to enter into binding contracts to use our website, submit an inquiry, or opt in to our SMS messaging program. By using our services, you represent and warrant that you meet this age requirement. We do not knowingly collect information from, or send messages to, individuals under 18. Our loans are offered for business or investment purposes only and are not intended for consumer, personal, family, or household use.
2. No Loan Commitment
Submitting an inquiry, application, or other information through our website, SMS program, or any other channel does not constitute a loan commitment or an offer to lend. All loans are subject to underwriting, property and borrower review, third-party reports, and final approval. Terms quoted in marketing materials, term sheets, or preliminary communications are illustrative and may change.
3. SMS Messaging Program (A2P 10DLC)
By providing your mobile phone number and opting in, you agree to receive SMS text messages from Nick of Time Funding related to your loan inquiry, application status, scheduling, term sheets, document requests, and closing updates.
Message frequency: Varies based on your interaction and the status of your inquiry or loan.
Message and data rates may apply. Check with your wireless carrier for details.
Reply STOP at any time to opt out. Reply HELP for assistance, or contact us at brianthomas@nickoftimefunding.com or +1 (470) 943-4233. Consent to receive SMS messages is not a condition of receiving any loan, service, or product. Mobile information and SMS opt-in consent will not be shared with third parties or affiliates for marketing or promotional purposes. For full details on how we collect, use, and protect your information (including mobile data), see our Privacy Policy.
Carrier Liability Disclaimer. Wireless carriers (including but not limited to AT&T, T-Mobile, Verizon, Sprint, U.S. Cellular, Boost, Cricket, MetroPCS, Google Fi, and others) are not liable for delayed, undelivered, or misdirected messages. Nick of Time Funding is not responsible for any failure, delay, interruption, or error in the transmission or delivery of SMS messages caused by your wireless carrier, your device, network conditions, or any other circumstances outside our reasonable control. Message delivery is provided on a best-effort basis, and you acknowledge that SMS is not a secure or guaranteed channel of communication.
4. Accuracy of Information
You agree to provide accurate, current, and complete information in all inquiries, applications, and communications with us, and to promptly update any information that changes. Providing false or misleading information may result in denial of your application and may constitute fraud.
5. Intellectual Property
All content on this website, including text, graphics, logos, images, and software, is the property of Nick of Time Funding or its licensors and is protected by intellectual-property laws. You may not copy, reproduce, modify, distribute, or create derivative works without our prior written permission.
6. Prohibited Conduct
You agree not to use the website or messaging program to violate any law, infringe any third party’s rights, transmit malicious code, attempt to gain unauthorized access to our systems, scrape or harvest data, or interfere with the operation of the site or messaging program.
7. Third-Party Links
Our website may link to third-party sites. We are not responsible for the content, policies, or practices of third-party sites and provide such links for convenience only.
8. Disclaimers
The website and all information provided through it are provided “as is” and “as available” without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the website will be uninterrupted, error-free, or free of harmful components.
9. Limitation of Liability
To the maximum extent permitted by law, Nick of Time Funding and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or business opportunities, arising out of or related to your use of the website, the messaging program, or any information obtained through them.
10. Indemnification
You agree to indemnify and hold harmless Nick of Time Funding and its affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of your use of the website or messaging program, your violation of these Terms, or your violation of any law or third-party right.
11. Governing Law
These Terms are governed by the laws of the State of Georgia, without regard to its conflict-of-laws principles. Any dispute will be brought exclusively in the state or federal courts located in Georgia, and you consent to personal jurisdiction in those courts.
12. Changes to These Terms
We may update these Terms from time to time. Continued use of the website or messaging program after changes are posted constitutes acceptance of the revised Terms.
13. Privacy Policy
Your use of our website and SMS messaging program is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review it to understand how we collect, use, and safeguard your information.
14. Contact Us
Questions about these Terms? Contact us at brianthomas@nickoftimefunding.com or +1 (470) 943-4233. You can also review our Privacy Policy for information about how your data is handled.