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Consulting services can provide valuable insights, strategic guidance, pecialized
1901 Shiloh, Hawaii 81063
Consulting services can provide valuable insights, strategic guidance, pecialized
1901 Shiloh, Hawaii 81063
The services and websites provided by X Fund LLC, along with those of its affiliated entities and subsidiaries operating under the X Fund brand, as well as its service providers (collectively referred to as “X Fund LLC,” “we,” or “us”), are governed by the following Terms and Conditions. X Fund LLC offers and facilitates commercial credit products and associated services (“Services”) to businesses within the United States. We are not investment advisors or financial planners and do not offer financial, securities, legal, or tax guidance. Prior to taking any financial action or adopting any strategy, we strongly recommend consulting with your accountant, attorney, or other professional advisors. The term “you” refers to the business owner submitting a credit application on behalf of the company. Unless explicitly stated otherwise, any agreements, consents, or authorizations given by you under these terms are also considered to be provided by, and binding upon, the business applying for credit—whether directly through X Fund LLC or through one of our affiliated credit origination platforms (“X Funding Partner”).
By accessing or using the features, tools, and content available on the websites xfundllc.fund, xfundllc.com, or any of their subdomains (collectively referred to as the “Websites”), or by submitting a credit application to X Fund LLC or any affiliated X Fund Banking Partner, you acknowledge that you have read, understood, and agreed to be legally bound by these Terms and Conditions (the “Agreement”) as they apply to all credit applications submitted to X Fund LLC or its banking partners. You further confirm that all information provided by your company, and/or by you (as either a guarantor or an authorized representative of the company), in connection with the credit application process is accurate and complete.
You are not permitted to use the Services or accept this Agreement if you are under the age of 18. By proceeding, you affirm that you have the legal authority to bind the company or entity applying for credit. Except in the case of loans issued under the SBA Paycheck Protection Program (“PPP loans”), you understand and agree that: (a) you will be required to sign a personal guarantee for credit obtained by your business from X Fund LLC or an affiliated banking partner; and (b) in the case of term loans, a general lien will be placed on your company’s assets.
We recommend that you print or save a copy of this Agreement for future reference.
In addition to this Agreement, you or your business may enter into separate agreements, such as a loan agreement or promissory note, which will govern the terms of your credit and use of the Services. In the event of a conflict between this Agreement and any such other agreements relating to specific aspects of the Services, the terms of the other agreement shall take precedence for those specific matters.
X Fund LLC reserves the right to update or modify this Agreement at any time. The revision date at the top of this page reflects the most recent changes. Continued use of the Services or the Websites after such changes have been posted constitutes your acceptance of the updated terms.
You acknowledge and agree that X Fund LLC, its affiliated banking partners, agents, and assignees are authorized to contact third parties to conduct background checks and obtain investigative reports. These may include, but are not limited to, reviewing your company’s business credit card transaction data, requesting personal credit reports for you and any other business owners providing a personal guarantee, and accessing business credit reports for your company from credit bureaus or other lawful sources.
This authorization applies in connection with evaluating any credit application made on behalf of your company, updating credit files, conducting periodic credit reviews, renewing financing arrangements, or referring your business to third-party lenders.
Upon written request, X Fund LLC will inform you whether a credit report was obtained. You further understand and accept that X Fund LLC and its banking partners do not make any guarantees or commitments that the services, evaluations, or recommendations they provide will result in approval or issuance of credit.
To understand how X Fund LLC handles your data, please refer to our Privacy Policy, available on our Websites. This policy, which may be updated periodically at our discretion, is incorporated into this Agreement by reference. It outlines how we collect, use, share, and safeguard your personal and company information when you access our Websites or use our Services. Any updates to the Privacy Policy become effective once posted to the Websites.
In compliance with federal regulations designed to combat terrorism financing and money laundering, financial institutions are required to collect, verify, and maintain identifying information for each individual and entity applying for credit. Accordingly, when your business submits a credit application, X Fund LLC may request personal and business details such as your name, address, and other identifying information. We may also require a government-issued photo ID, such as a driver’s license, or similar documentation. By using our Services, you authorize X Fund LLC to obtain this information and share it with third parties as necessary to confirm the identity of you and your business.
As part of our Services, you may also submit financial data from your business banking account(s) to X Fund LLC. This information may be used by X Fund LLC and its banking partners to evaluate creditworthiness and monitor customer performance over time. Additionally, through our platform, you may instruct X Fund LLC to access business information maintained by third-party financial institutions or authorized data repositories, either online or through other means.
All content made available through the Websites or used in connection with the Services—including, but not limited to, text, brand names, designs, images, information, and software, is the exclusive property of X Fund LLC and is protected by applicable intellectual property laws. All rights are reserved.
You are granted permission to access and use content provided through the Services or Websites solely within the context of using the Services. You may not copy, reproduce, alter, distribute, or create any derivative works based on this content. Additionally, you agree not to reverse engineer, decompile, or otherwise attempt to extract or modify the underlying technology of the Services.
By using the Services, you consent to receive this Agreement, along with all related communications, disclosures, and notices, including those required by law or regulation, electronically. These communications may be delivered via email, through our websites, or by postal mail, as applicable.
You also authorize X Fund LLC and its affiliated banking partners to respond to your inquiries via email, using the address you provided, regardless of how the original inquiry was submitted. Additionally, you will be required to agree to our E-Sign Consent as part of the online application process.
You authorize X Fund LLC, any affiliated X Fund Banking Partner, and their representatives to send you advertisements or telemarketing messages—such as phone calls, text messages, and SMS or MMS messages—using an automatic telephone dialing system (auto dialer) or an artificial/prerecorded voice. This authorization applies to the phone numbers, including mobile numbers, that you provided in your credit application to X Fund LLC or any of its banking partners.
This consent remains valid even if your number is listed on any federal, state, or internal Do-Not-Call registry. You acknowledge that providing this consent is not a condition for receiving credit or services from X Fund LLC, and you may choose to apply for credit by contacting us directly.
If you wish to stop receiving calls or marketing communications from X Fund LLC, its affiliates, banking partners, or associated agents, you may follow the opt-out instructions in our Privacy Policy or contact us directly.
You acknowledge and agree that any loan or financial product obtained from X Fund LLC or an affiliated X Fund Banking Partner is generally non-returnable. Any exception to this policy is at the sole discretion of X Fund LLC or the relevant banking partner. In all cases, returns will not be accepted after 5:00 p.m. EST on the second business day following the initial disbursement of funds.
Additionally, returns are not permitted for renewal loans, credit cards, or lines of credit under any circumstances.
The Websites and materials provided as part of the Services may include links to external websites (“Third-Party Sites”) or contain content from third-party sources. X Fund LLC is not responsible for the accuracy, reliability, suitability, or appropriateness of any content found on Third-Party Sites or provided by third parties. If you choose to access such external content or leave the Websites to visit a Third-Party Site, you do so at your own risk, and this Agreement, along with the policies of X Fund LLC—will no longer apply.
Additionally, if any link directs you to a third-party lender or capital provider, X Fund LLC is acting solely as a referral source. We do not guarantee, endorse, or underwrite any services or products, including credit products, offered by such third parties. Once you engage with a third-party provider, you become their customer, and X Fund LLC assumes no role or responsibility in their decision-making processes or in the provision of any products or services.
Limitation of Liability
To the fullest extent permitted by applicable law, X Fund LLC, its directors, employees, agents, and any affiliated X Fund Banking Partner shall not be liable to you or any third party for any direct, indirect, incidental, consequential, exemplary, special, or punitive damages. This includes—but is not limited to, loss of profits, loss of data, service unavailability, or any system failure or malfunction related to the Websites or the Services. These limitations also apply to any third-party claims and are enforceable regardless of whether such claims are based on breach of contract, tort, product liability, breach of warranty, or other legal theories, even if we have been advised of the possibility of such damages. You acknowledge and agree that these limitations are a necessary condition of providing the Services.
Disclaimer of Warranties
X Fund LLC expressly disclaims all warranties, including but not limited to, any implied warranties of merchantability or fitness for a particular purpose. We assume no liability for errors or omissions in the content or information provided as part of the Services or on the Websites. We do not guarantee uninterrupted operation or that the Services will be free from delays or system failures.
Governing Law, Venue, and Jurisdiction
By accessing the Websites or using the Services, you agree that this Agreement shall be governed by the laws of the State of Utah, without regard to its conflict of law principles. In cases involving an affiliated banking partner, the governing law may also include the home state of that X Fund Banking Partner. You agree to submit to the jurisdiction and venue of courts located within these jurisdictions for any legal actions related to your use of the Services or this Agreement.
Notice for Ohio Applicants: You acknowledge that, under Ohio law, all creditors are required to offer credit equally to all qualified applicants without discrimination. Additionally, credit reporting agencies are obligated to maintain individual credit histories for each person upon request. The Ohio Civil Rights Commission is responsible for enforcing compliance with this regulation.