Terms of Service Agreement

Welcome to Forward Funding, LLC’s PPP Portal (“Funding Portal”). This Terms of Service Agreement (“Agreement”) between your company (including principals and affiliates, “you” or “firm” or “user”) and Forward Funding, LLC (including its subsidiaries and affiliates, “we” or “us”) governs your use of the Funding Portal.

This Agreement is a legally binding agreement between you and Funding Forward, LLC, and becomes effective as soon as you use, visit or set up an account (“Portal Account” or “Account”) on our Website.

1. Scope of Agreement

By using, visiting or setting up an Account, you acknowledge that you have read, understood, and agree to be bound by the Agreement. This Agreement sets out the terms and conditions for use of the site.

By using, visiting or setting up an account on the Funding Portal, you also agree to accept Funding Forward’s Terms of Service and Privacy Pyolic, which are included in and form a part of the Agreement. Please read this Agreement carefully to ensure that you understand each provision. If you do not agree to any of these terms, then please do not use Funding Portal or any part thereof.

This Agreement may be updated and amended by Funding Forward from time to time upon written notice to you. If you continue to use the Services after 30 days from such written notice, you will be deemed to have accepted the revised Agreement and new terms and conditions, which shall then be legally binding upon you.

3. Representations and Warranties

You hereby represent and warrant to Funding Forward as follows:

You are authorized to enter into this Agreement on behalf of the Customer;

You are authorized to submit all information and documentation you provide in the Funding Portal on behalf of the Customer (“Information and Documentation”);

All such Information and Documentation is true, complete and accurate;

All Portal Account information (including without limitation bank account information, “Account Information”) is true, complete and accurate;

You will promptly notify Funding Forward of any errors in or changes to such Information and Documentation and Account Information, as applicable, and promptly provide Funding Forward with corrected or updated information, including without limitation bank account and contact information; and

You acknowledge that Funding Forward is entitled to rely on the accuracy of all such information provided to it without further review or investigation of any kind.

4. Authorizations

You hereby authorize Funding Forward to:

Use and such Information and Documentation in connection with the provision of the Services; and

Disclose such information (or portions thereof) to third parties as deemed necessary or desirable by Funding Forward in its sole discretion.

5. Additional Features

You acknowledge that, from time to time, Funding Forward may make changes to the Funding Portal and/or the Services, including without limitation pricing changes or offering additional features and services. You will be notified in writing of all pricing increases and new Services. If you choose to accept any such additional features and services, you will be responsible for all charges.

6. Promotional Communications

You hereby consent to and authorize Funding Forward to send you, via email, telephone or text (SMS) messages, (i) notices relating to the Services, including any notices required by law, in lieu of communication by postal mail and (ii) advertisements or telemarketing messages relating to the Services, which consent may be revoked by your providing written notice to Funding Forward.

7. Notices

All notices under this Agreement shall be in writing and shall be sent by email to (i) you at the email provided to Funding Forward as per your Account Information and (ii) Funding Forward at info@fundingforward.com.

8. Consent to Electronic Transactions

By using, visiting or setting up an account on the Funding Portal and entering into this Agreement, you hereby consent to the conduct of by electronic and digital means, including without limitation email, e-signatures and e-payments as applicable.

9. Other Legal Provisions

9. Other Legal Provisions The following provisions from Funding Forward’s Terms of Service are incorporated into this Agreement: Sections 4 (Privacy), 6 (Mobile Software), 7 (Proprietary Rights), 8 (User Content), 9 (Indemnity), 10 (Limitation of Liability), 11 (No Warranty), 12 (Disclaimer), 13 (Governing Law), 14 (Arbitration), 15 (Class Action/Jury Trial Waiver), 16 (Notification Procedures and Changes to the Agreement), 17 (Severability), 18 (No Waiver; No Assignment) and 19 (Contact).

This Agreement was last modified on December 23, 2020.

You will be signed out and cannot use the portal unless you accept the Terms of Service.