Last Updated: August 21, 2022

1. TERMS OF USE AGREEMENT FOR ALL SERVICES AND THE WEBSITES

FLASH Funded®, LLC. requires that you carefully read, understand, and agree to the following Terms and Conditions contained in this Terms of Use Agreement (“Agreement”). By accessing, browsing or using this website, and the websites of the below listed companies, divisions or service groups, or any page thereof, through any direct or indirect means (individually or collectively, “Websites” or “Website”), or by using the goods, facilities or services offered in or through the Websites through alternative methods (including, for example, telephone, mail, text, email or facsimile), you accept and agree to be bound by these Terms of Use (the terms “Website” and “Websites” include use through these alternative methods).

THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE ALL CLAIMS AND CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (please see sections 8 and 15). These provisions form an essential basis of our bargain.

If you do not agree to these terms and conditions, you are not authorized to access or use the Websites and you are to cease accessing or otherwise using the Websites. For purposes of this Agreement, “You” or “Your” means the person(s) using the Websites, and/or the goods, facilities or services of FLASH Funded®, LLC.®(“Site” and/or “Services”) and its companies offered through alternative methods, including persons that allow others to provide information about themselves to FLASH Funded®, LLC.®(as defined below), the banks, lenders, financial institutions, providers, real estate companies, and brokers on FLASH Funded®, LLC.’s network (“Lenders”), Providers (as defined in sections 4 and 5), auto dealers (as defined in section 4(d)), partners (as defined in sections 4 and 5), or real estate companies (as defined in section 6). “FLASH Funded®, LLC.”, “us” or “we” means, but is not limited to the following entities:

FLASH Funded®, LLC. is licensed as set forth in the Licenses and Disclosures section, which is incorporated into this Agreement by reference.

THE DISCLOSURES AND CONSENT REQUIRED UNDER CERTAIN STATE LAWS ARE DEEMED TO BE PROVIDED, RECEIVED AND AGREED TO BY USE OF THE WEBSITES.

FLASH Funded®, LLC. (hereinafter “FLASH Funded®, LLC.”) operates the Websites and shall have the right at any time to change or discontinue any aspect or feature of the Websites and the right to modify the terms and conditions applicable to users of the Websites, including these Terms of Use, or any part hereof. Such changes, modification, additions, or deletions shall be effective immediately upon posting on the Websites. Any use by you of the Websites or the good, facilities or services offered in or through the Websites shall be deemed to constitute acceptance of such changes. By accessing this Site, you agree to be bound by these Terms of Use. The Site is intended for individuals who are at least 18 years of age and reside in the United States and the District of Columbia. If you are under 18 years of age or reside outside of the United States or the District of Columbia, you should not be visiting this Site or utilizing FLASH Funded®, LLC., Services.

2. CONSUMER INFORMATION SECURITY POLICY

The FLASH Funded®, LLC. Consumer Information Security Policy, hereby incorporated by reference into this Agreement, explains the policy applicable to the information that is collected through the Websites, received directly from you, or transmitted to or from third parties.

3. MORTGAGE LOAN REQUEST SERVICES

FLASH Funded®, LLC. offers NO Mortgage Loan Request Services. We are NOT The Lender. All Lending or Loan services are provided by Home Vision Mortgage NMLS # 1471951 and their underwriters. Flash Funded, LLC. Provides the collection forms and upload questionnaire links to UpSwing Financial and Home Vision Mortgage NMLS # 1471951 for processing.

The first service option is the FLASH Funded®, LLC. “Questionnaire” Process that occurs when you complete a simple request form and submit, agreeing to the full Electronic Consent and these Terms of Use and the above Terms) we will assist you in the process and answer any HEA Program or “Fix and Flip” questions and then post back to your FLASH Funded®, LLC. Dashboard Member Account.

The second service option is FLASH Funded®, LLC.’s Fix and Flip Program (commonly referred to as “short form” wherein you do not provide your Social Security Number after agreeing to the full Electronic Consent and these Terms of Use and the above Privacy Policy), which you may either (i) select prior to completing the long-form loan request or (ii) directly select. If you select the Fix and Flip Program® or FLASH Funded®, LLC. service, we will assist you in the Construction or Rehab Program on FLASH Funded®, LLC.’s flashfunded.com network using a subset of the information contained on the request form.

Because these forms are generated from a subset of information from the form request, our Lender on the FLASH Funded®, LLC. network will not be able to respond with customized conditional funding until they speak with you to get additional information. Our Fix and Flip Program® short form are not available for all loan programs as every project is different.

A. Terms Applicable to All HEA Services

FLASH Funded®, LLC. is an Online Lead Aggregator that enables Homeowners to obtain an HEA (Home Equity Agreement) and “WE” are not required to be licensed as a Mortgage Broker through Home Vision Mortgage NMLS # 1471951. FLASH Funded®, LLC. DOES NOT take formal mortgage applications (commonly referred to as Form 1003) since it does not ever ask consumers to provide any information relating to their income or debt, ONLY Estimations for Balance / Equity and The Home’s Estimated Market Value.

FLASH Funded®, LLC. DOES NOT make loans or credit decisions in connection with loans, nor does FLASH Funded®, LLC. issue commitments or lock-in agreements. FLASH Funded®, LLC.’s services are only administrative and for marketing / advertising purposes only. Any loan inquiry you submit is NOT an application for credit. Rather, it is an inquiry submitted to our Lender to receive condition loan offer from them.

You will have to complete a formal application with Home Vision Mortgage NMLS # 1471951 if you choose before they will extend an unconditional offer. Home Vision Mortgage may require you to pay an application or other fee to cover the costs of an appraisal, credit report or other items. Our Lender, not FLASH Funded®, LLC., will determine the amount of any such fee and should provide information to you regarding the refundability of any such fee.

FLASH Funded®, LLC. does not endorse or recommend the products of any Other Lender. Except as otherwise provided for the state of Florida (please see the Licenses section of the Websites), FLASH Funded®, LLC. is not an acting as your agent or as the agent of any Lender other than Home Vision Mortgage. You should rely on your own judgment in deciding which available loan product, terms and Lender best suits your needs and financial situation. Home Vision Mortgage is solely responsible for its services to you, and you agree that FLASH Funded®, LLC. shall not be liable for any damages or costs arising out of or in any way connected with your use of its Services. You understand that Lenders may keep your loan request information and any other information provided by flashfunded.com or received by them in the processing of your loan request, whether or not you are qualified for a loan with them or if you make a loan with them. You agree to notify any particular Lender directly if you no longer want to receive communications from them. In addition, the information you provide FLASH Funded®, LLC. is required to be housed and securely maintained for State Licensing Record Retention requirements and cannot be removed, purged, or destroyed until the expiration of the individual state prescribed period. Lenders may also from time-to-time be required to share your completed Loan information with FLASH Funded®, LLC. in order to adhere to State Licensing Record Retention requirement, and for internal marketing and analytics, you are providing express written consent for the retention of the same upon completion of a general inquiry form for FLASH Funded®, LLC. and the selected Lender to share this information for this purpose.

The Websites and the Services provided by FLASH Funded®, LLC. are available in connection with mortgage loans made on real property located in the fifty states and the District of Columbia unless otherwise specified. Loans may only be made to residents of those 50 states, or secured by real property located in, states where Home Vision Mortgage are licensed or authorized to make such loans. Home Vision Mortgage is not attempting to make loans outside of their authorized states or country by participating in and offering their products on their Website(s). Home Vision Mortgage expressly reserve the right to discontinue, suspend or terminate the offering of any loan product in any specific state through the Websites at any time, without prior notice.

The data and other information you may provide FLASH Funded®, LLC. is not, and is not treated as, an application for a loan or a request to be pre-approved or pre-qualified. FLASH Funded®, LLC. or Home Vision Mortgage does not guarantee acceptance into any other particular loan program or specific loan terms or conditions with any person(s); loan approval standards are established and maintained solely by individual Lenders. Likewise, FLASH Funded®, LLC. does not guarantee that the HEA Agreement “Terms” or rates offered and made available by Home Vision Mortgage are the best terms or lowest rates available in the market.

FLASH Funded®, LLC.’s and Home Vision Mortgage does not represent all potential Lenders in your area. You are free to shop and compare your mortgage product, but you may also choose none and compare additional local Lenders who may in fact have better and/or lower products, rates, and terms. Home Vision Mortgage’s offer may be subject to market conditions, approval, and qualification. The rates and fees provided by other Lenders may be higher or lower depending on your complete credit profile, collateral/property considerations including but not limited to location, equity and value and income/asset consideration including, but not limited to loan to value and debt to income ratios.

Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for a loan commitment or interest rate lock-in agreement. Home Vision Mortgage may not offer all products as well as not offer products in Florida and other states. You also might not be qualified with the Home Vision Mortgage making any specific offer due to many factors or underlying causes.

Home Vision Mortgage will perform a soft pull of credit regardless of if you provide your SSN or not. In order to help the government fight identity theft, the funding of terrorism and money laundering activities, and to help attempt to verify your identity, FLASH Funded®, LLC. and Home Vision Mortgage may obtain, verify, and record information that identifies each person who opens an account with us and them. Home Vision Mortgage may ask for your name, Social Security Number, address, telephone number, date of birth and other important information including, but not limited to information received from your credit file, that will allow them to properly identify you. It is possible that an additional lender for larger loans may perform a soft inquiry on your credit at the same time for the same or similar purposes, but the soft inquiry into your credit does not impact your credit score.

No other lender will receive your Social Security Number and, for those that do, not all will perform the soft inquiry of credit. During the Lender application process, they may also ask to see your driver’s license or other identifying documentation to identify you further properly; in addition, the Lender may be required to do a hard inquiry of your credit that will impact your credit score.

FLASH Funded®, LLC. is paid a marketing firm by Home Vision Mortgage for the goods, facilities and services provided. We do NOT directly charge you for any such marketing generation fees. With Home Vision Mortgage, the marketing fee is paid by our Lender and may be included in your rate, points, or loan terms. FLASH Funded®, LLC. strongly encourages and requests such fees not be passed onto you; however, it is without the authority to enforce the same. If you do in fact close a loan with a Home Vision Mortgage or any other Lender, at closing you will be responsible for paying for any settlement or closing costs associated with your loan (such as loan processing, underwriting, or funding fees, title insurance premiums, notary fees, etc.).

FLASH Funded®, LLC. also does not charge you a fee for its services with Home Vision Mortgage, as such no such fee will be reported on your final Loan Estimate (formerly GFE) or your Loan Closing Statement (formerly HUD-1) pursuant to the new TILA-RESPA Rules effective August 1, 2015.

When you complete an inquiry form online, by clicking on any button indicating an acceptance, acknowledgement or agreement to terms, a continuance of processing or submission (“submission”) you understand that you are consenting, acknowledging, and agreeing to the stated terms and conditions of that submission and that you are submitting an inquiry as to a potential lending product or HEA Program through FLASH Funded®, LLC. which may ultimately end up with a loan from Home Vision Mortgage to whom your loan request and personal information is transmitted. If you do not receive a loan or HEA, FLASH Funded®, LLC. will continue to try to work on other products for which you sought as well as alternative products, for example if you sought a home equity loan or home equity line of credit but are also over the age of 62 then Home Vision Mortgage may find a reverse mortgage lender for a Home Equity Conversion Mortgage if you choose. Similarly, if you indicated that you are looking to remodel a home you are purchasing, Home Vision Mortgage will do their best to obtain a Home Equity Agreement at your request.

While FLASH Funded®, LLC. is not making a credit decision or determining any financial products for you, Home Vision Mortgage selects filters from the questions you answer and believe that they may be able to assist you with your mortgage needs in other ways.

You are also indicating that you are consenting, acknowledging, and agreeing to receive important notices, disclosures, and other communications (“Disclosures and Communications”) in electronic form (either by email or via the Internet) as provided for in the Consent for Electronic Disclosures and Communications From FLASH Funded®, LLC. and website at www.flashfunded.com. You understand that you will need, and have access to an email address, Internet access and PDF software to review the Disclosures and Communications. In addition, you acknowledge that Home Vision Mortgage and one or more of its Lenders with whom may work with them to obtain your funding, may access your credit file even if your Social Security Number is not provided (via a soft inquiry of credit) to perform its anti-money laundering due diligence and/or for other reasons in compliance with other federal regulations. In addition, upon clicking any button indicating acceptance, acknowledgment or agreement to these and other terms, you have received and reviewed and, where applicable, signed the necessary required Home Vision Mortgage State Specific Broker Agreement.

By submitting the loan inquiry online you are in effect providing your electronic signature, you are extending an express invitation for Home Vision Mortgage so you may be contacted by telephone at the numbers you have provided so they may assist you with your transaction, and you hereby consent to any such calls even if your phone number is on any Do Not Call list, or by email at the email address you provided or at another address that may be associated with you that we receive from Lenders or other parties and you hereby consent to any such email so it will not be considered spam or unauthorized by any local, state or federal law or regulation. In addition, you are providing express written consent that FLASH Funded®, LLC., a Marketing Firm with whom your paperwork has been collected for Home Vision Mortgage or any associated third party (Partner) may use an automatic dialing system or by pre-recorded message in connection with calls made to any telephone number you entered, even if it is a cellular phone number or other service for which the called person(s) could be charged for such call.

By saving your information with FLASH Funded®, LLC. or by completing a loan inquiry with Home Vision Mortgage you give FLASH Funded®, LLC. permission to retain all information you submitted for the prescribed State Specific Record Retention period and to make live, manually dialed, automatic dialed or pre-recorded calls, emails, direct mailing, or other communication to discuss, provide or remind you of any information in relationship to your submission, including incomplete loan inquiry, the delivery of loan documents, deadlines, quality of services or other matters in connection with your loan inquiry. For any service, you represent that all the information you have provided in your submission and loan inquiry is true, accurate and complete to the best of your knowledge.

You have the right to receive any document in non-electronic form and to withdraw your consent to electronic delivery at any time by contacting FLASH Funded®, LLC. Customer Service at +1-321-201-6865 or by emailing support@FlashFunded.com.

When you “submit” information, create an account, or otherwise register for services through FLASH Funded®, LLC. and its Companies’ website or otherwise, you hereby understand and agree that you have established a business relationship between you and FLASH Funded®, LLC., which is the owner of this site. Accordingly, FLASH Funded®, LLC. may send your information to its affiliates, Lenders/Partners as provided in the Privacy Policy. In addition, you agree that FLASH Funded®, LLC. may contact you using information you provided with information and offers of services available through FLASH Funded®, LLC. and the Websites.

You hereby provide express written consent to any such communication or phone calls even if your phone number is on any Do Not Call list, federal, state, or corporate. You also agree that calls may be placed live, by automatic dialing, and/or by pre-recorded message. Charges may apply to a mobile phone if that is the number you provided. Communications may also be by email, direct mail, and/or text message. If at any time you do not wish to continue to receive communications from FLASH Funded®, LLC. or its affiliates’ communications, you may modify your preferences. In addition, you agree to notify FLASH Funded®, LLC. Customer Care at +1-321-201-6865 or by emailing support@flashfunded.com directly if you no longer want to receive other forms of communications from us.

B. Traditional (Long-Form) Inquiry Service (Loan Inquiries with Social Security Number Provided)

FLASH Funded®, LLC. seeks to provide you with loan programs through Home Vision Mortgage. Home Vision Mortgage Brokers and/Partners encourage you to comparison shop for mortgage loan products. By submitting the long-form inquiry form (which means you provided your Social Security Number), you authorize Home Vision Mortgage to collect information provided by you or third parties either to Home Vision Mortgage on the FLASH Funded®, LLC. website, along with any additional lenders, Brokers, Partners, or investors necessary to complete your loan inquiry or to provide you with additional lending services. You also authorize Home Vision Mortgage, along with any additional Lenders, Brokers, Partners, or investors necessary to complete your loan transaction, to request from one or multiple soft inquiries to the necessary credit bureaus /reporting agencies, your credit bureau report including any ancillary credit scores or ratings and to verify that your request is true and accurate to the best of your knowledge. Not all lenders will perform this soft inquiry, nor will all lenders be passed the Social Security Number you have submitted on the inquiry form.

By clicking “submit” (or any button indicating acceptance) you are certifying that all the information you have provided in your loan inquiry is true, accurate and complete to the best of your knowledge. While Home Vision Mortgage only performs a “soft inquiry” and other partners may perform the same soft inquiry, it will not impact your score according to Fair Isaac Corporation (the company that provides “FICO” credit scores). https://www.myfico.com/crediteducation/questions/inquiry-credit-score.aspx

If you complete multiple applications, you will likely have several hard inquiries on your credit report/score. However, FICO reports that, for mortgage, student loans, credit cards or auto loans, it disregards multiple inquiries prior to the completion (or closing) of the loan and it consolidates these types of credit checks as a single inquiry. FICO considers all inquiries within a 45-day period for a mortgage, auto or student loan as a single inquiry.

Home Vision Mortgage might require additional information prior to providing an actual offer. In these situations, the Home Vision Mortgage Team will contact you directly to discuss your loan request and to discuss the specific terms of your offer(s). By submitting the long-form to Home Vision Mortgage loan inquiry form, if that process results in you closing a loan you agree to provide information about that resulting loan to FLASH Funded®, LLC., including but not limited to a HUD-1 settlement statement, and you authorize Home Vision Mortgage The Lender(s), to provide that information to FLASH Funded®, LLC. on your behalf. Certain state regulations require that FLASH Funded®, LLC. know the disposition of the inquiry, resulting loan product offered, rate, APR, Loan Amount, and other pertinent loan file information in order to adhere to Licensing Record Retention requirements.

PLEASE NOTE: You are providing express written consent for FLASH Funded®, LLC. and the selected Lender to share this private personally identifiable information for these purposes, litigation, regulatory request(s), law enforcement requests, internal analytics and/or for marketing purposes. FLASH Funded®, LLC. FLASH Funded®, LLC. seeks to provide you multiple conditional loan offers through Home Vision Mortgage and possible nonaffiliated Lenders (U.S. based banks, thrifts, mortgage brokers, mortgage bankers and finance companies). To view FLASH Funded®, LLC.’s. full list of Partners. https://flashfunded.com/partners/

To determine which program may be a good fit for you, Home Vision Mortgage enquires information from FLASH Funded®, LLC. as well as criteria about the type of loan (for example, loan amount; whether purchase, refinance, or Home Equity amount requested) and the type of loan customer (for example, state of residence or self-identified credit score band) in which the Lender is interested. FLASH Funded®, LLC. will provide your information to Home Vision Mortgage.

If you authorize FLASH Funded®, LLC. to submit your online enquiry after completion of the basic “questionnaire” for the “Fix and Flip Program®, FLASH Funded®, LLC. will do so.

C. Fix and Flip Program® and FLASH Funded®, LLC. Loan Request Services (Loan Inquiries with no Social Security Number Provided) “WE” Do NOT collect this information. Basic contact information will be collected only, Home Vision Mortgage will ask for more detailed information.

By submitting the short online FLASH Funded®, LLC. Fix and Flip Program inquiry form, you authorize FLASH Funded®, LLC. to provide your information to Home Vision Mortgage. The Lender in this program will be on FLASH Funded®, LLC.’s Fix and Flip Program® or flashfunded.com (Fix and Flip Program). These are services offered by FLASH Funded®, LLC. and our partner Home Vision Mortgage.

With the Fix and Flip Program® or FLASH Funded®, LLC. Program, you may be given the option to provide your Social Security Number and have conditional offers posted back to your account. The Lender may later require a Social Security Number to proceed with your formal construction loan application. Not all lenders will perform a soft inquiry of credit without your Social Security Number, but Home Vision Mortgage may perform a soft inquiry of your credit in relationship to your loan inquiry. Home Vision Mortgage does so to verify your identity and to adhere to the Anti-Money Laundering Requirements established by Federal regulations. Flash Funded, LLC. will never ask for that information from a homeowner.

If you elect this option, you authorize FLASH Funded®, LLC. to provide to Home Vision Mortgage information that you provided to FLASH Funded®, LLC. has (except FLASH Funded®, LLC. will not transmit any soft inquiry credit information it obtained in either the long or short form inquiry and instead FLASH Funded®, LLC. only transmits the self-identified information you enter into the inquiry form to the Home Vision Mortgage) or that FLASH Funded®, LLC. may receive, along with any additional lenders, Brokers, Partners, or investors necessary to complete your loan inquiry and Online Loan Questionnaire Aggregator Services, on the FLASH Funded®, LLC. Fix and Flip Program® or FLASH Funded®, LLC. site. You also authorize the Fix and Flip Program®, FLASH Funded®, LLC. and Home Vision Mortgage, along with any additional lenders, Brokers, Partners, or investors necessary to complete your loan inquiry, to request from one or multiple credit bureaus /reporting agencies via a soft inquiry, your credit bureau report including any ancillary credit scores or ratings and to verify that your request is true and accurate. Not all lenders participate in the soft inquiry of credit, nor will all lenders be passed the Social Security Number you have submitted on the inquiry form.

By clicking “submit” (or any button indicating acceptance) you are certifying that all of the information you have provided in your loan inquiry is true, accurate and complete to the best of your knowledge.

While FLASH Funded®, LLC. only requires a “Questionnaire”. Our lending partner may perform a soft credit inquiry, it will not impact your score according to Fair Isaac Corporation (the company that provides “FICO” credit scores). http://www.myfico.com/crediteducation/questions/inquiry-credit-score.aspx

If you complete multiple applications, you will likely have several hard inquiries on your credit report/score. However, FICO reports that, for mortgage, student loans, credit cards or auto loans, it disregards multiple inquiries prior to the completion (or closing) of the loan and it consolidates these types of credit checks as a single inquiry. FICO considers all inquiries within a 45-day period for a mortgage, auto or student loan as a single inquiry.

Home Vision Mortgage may require additional information prior to providing an actual offer. In these situations, the Lender(s) will contact you directly to discuss your loan request and to discuss the specific terms of your offer(s). By submitting the short form FLASH Funded®, LLC. program inquiry form, if that process results in you closing a loan you agree to provide information about that resulting loan to Home Vision Mortgage, including but not limited to a HUD-1 settlement statement, and you authorize FLASH Funded®, LLC. | Home Vision Mortgage), to provide that information to FLASH Funded®, LLC. on your behalf. Certain state regulations require that FLASH Funded®, LLC. know the disposition of the inquiry, resulting loan product offered, rate, APR, Loan Amount, and other pertinent loan file information in order to adhere to Licensing Record Retention requirements.

NOTE: You are providing express written consent for FLASH Funded®, LLC. and the selected Lender to share this private personally identifiable information for these purposes, litigation, regulatory request(s), law enforcement requests, internal analytics and/or for marketing purposes.

D. Mobile Application HEA Program Request Service

FLASH Funded®, LLC. seeks to provide you a Unique HEA Program developed through extensive research and a partnership with Home Vision Mortgage. The lender in this program will be on FLASH Funded®, LLC.’s mobile network and may not be shown on FLASH Funded®, LLC.’s Lender Partner List but are clearly discernable in the FLASH Funded®, LLC. HEA Program. Any inquiry form filled out on a mobile phone, mobile device, or on any FLASH Funded®, LLC. mobile App are handled the same way as the “Questionnaire” Form(s) inquiries described above.

By submitting the mobile loan program inquiry form you authorize FLASH Funded®, LLC. to request that Home Vision Mortgage contact you at another number or via another means of communication. If you wish for Home Vision Mortgage to cease calling your business, you should reach out directly to the Home Vision Mortgage and request that your inquiry be removed from consideration and to place you on their internal Do-Not-Call List.

If you are utilizing the FLASH Funded®, LLC. and Home Vision Mortgage HEA Program you may ask the lender or lenders to contact you by clicking “Contact Me About This Loan”, FLASH Funded®, LLC. will share your information with our lender(s). You authorize Home Vision Mortgage, along with any additional lenders, Brokers, Partners, or investors necessary to complete your loan inquiry to call you at the number provided by live, automated dialing or pre-recorded message even if you are on a Do-Not-Call List. If you provided a mobile number, charges may apply. If you provided an email address, FLASH Funded®, LLC., the Lenders, Brokers, Partners, or investors will send you communications electronically until you opt out from the same.

If you provide additional personally identifiable information to the Lender, they may do either a soft or hard inquiry into your credit to complete your formal loan application, which means the lender, but not all lenders participate, may request from one or multiple credit bureaus /reporting agencies, your credit bureau report including any ancillary credit scores or ratings and to verify that your request is true and accurate to the best of your knowledge.

By clicking “submit” (or any button indicating acceptance) you are certifying that all the information you have provided in your loan inquiry is true, accurate and complete to the best of your knowledge. While Home Vision Mortgage only performs a “soft inquiry” and other partners may perform the same soft inquiry, it will not impact your score according to Fair Isaac Corporation (the company that provides “FICO” credit scores). http://www.myfico.com/crediteducation/questions/inquiry-credit-score.aspx

If you complete multiple applications, you will likely have several hard inquiries on your credit report/score. However, FICO reports that, for mortgage, student loans, credit cards or auto loans, it disregards multiple inquiries prior to the completion (or closing) of the loan and it consolidates these types of credit checks as a single inquiry. FICO considers all inquiries within a 45-day period for a mortgage, auto or student loan as a single inquiry.

Home Vision Mortgage may require additional information prior to providing an actual offer. In these situations, the Lender(s) will contact you directly to discuss your loan request and to discuss the specific terms of your offer(s). By submitting the “Questionnaire” FLASH Funded®, LLC. Program inquiry form, if that process results in you closing a loan you agree to provide information about that resulting loan to Home Vision Mortgage, including but not limited to a HUD-1 settlement statement (after August 1, 2015, this will consist of the new integrated Closing Statement), and you authorize Home Vision Mortgage Lender(s), to provide that information to FLASH Funded®, LLC. on your behalf. Certain state regulations require that FLASH Funded®, LLC. know the disposition of the inquiry, resulting loan product offered, rate, APR, Loan Amount, and other pertinent loan file information in order to adhere to Licensing Record Retention requirements.

NOTE: You are providing express written consent for FLASH Funded®, LLC. and the selected Lender to share this private personally identifiable information for these purposes, litigation, regulatory request(s), law enforcement requests, internal analytics and/or for marketing purposes.

4. NON-MORTGAGE LOAN REQUEST SERVICES

At this Time FLASH Funded®, LLC. or Home Vision Mortgage does not offer non-mortgage (ie; automobile loan, boat, RV, watercraft, commercial loan, credit card, personal loans and student loan) loan request services, explained in more detail below.

A. Terms Applicable to All Non-Mortgage Loan Request Services

FLASH Funded®, LLC. is not a lender or a creditor. FLASH Funded®, LLC. does not make loans or credit decisions in connection with loans, nor does it give financial advice. FLASH Funded®, LLC. does not endorse or recommend the products of any other Lender. FLASH Funded®, LLC. is not an agent of either you or any Lender. FLASH Funded®, LLC.’s services are only marketing and administrative. You should rely on your own judgment in deciding which available loan product, terms or Lender best suits your needs and financial means. Home Vision Mortgage is solely responsible for its services to you, and you agree that FLASH Funded®, LLC. shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such services or loss thereof. You understand that Lenders may keep your loan request information and any other information provided by FLASH Funded®, LLC. or received by them in the processing of your loan request, whether or not you are qualified for a loan with them or if you make a loan with them. You agree to notify Home Vision Mortgage or any particular Lender directly if you no longer want to receive communications from them.

The Websites and the services provided by FLASH Funded®, LLC. are available in connection with non-mortgage loans unless otherwise specified. Loans may only be made to residents of states where Lenders are licensed or authorized to make such loans. Home Vision Mortgage is not attempting to make loans outside of their authorized states or country by participating in and offering their products on the Websites. FLASH Funded®, LLC. and Home Vision Mortgage expressly reserve the right to discontinue, suspend or terminate the offering of any loan product in any specific state through the Websites at any time, without prior notice.

The data and other information you may provide FLASH Funded®, LLC. is not, and is not treated as, an application for a loan or a request to be pre-approved, pre-qualified or any similar concept. FLASH Funded®, LLC. does not guarantee acceptance into any loan program or specific loan terms or conditions with Home Vision Mortgage. Loan approval standards are established and maintained solely by individual Lenders. Likewise, FLASH Funded®, LLC. does not guarantee that the loan terms or rates offered and made available by Lenders are the best terms or lowest rates available in the market. Home Vision Mortgage conditional loan offer may be subject to market conditions, approval, and qualification. The rates and fees actually provided by Lenders may be higher or lower depending on your complete credit profile, collateral/property considerations (if applicable) including but not limited to location, equity and value and income/asset consideration including but not limited to loan to value and debt to income ratios. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for a loan commitment or interest rate lock-in agreement. Lenders may not offer all products as well as not offer products in all states.

You might not be qualified with Home Vision Mortgage making any specific offer. To help the government fight identity theft, the funding of terrorism and money laundering activities, FLASH Funded®, LLC. and/or its Lenders may obtain, verify, and record information that identifies each person who opens an account with them. Home Vision Mortgage may ask for your name, Social Security Number, address, telephone number, date of birth and other important information that will allow them to properly identify you. During the Lenders’ formal application process, they may also ask to see your driver’s license or other identifying documentation to further assist in certifying your identity.

FLASH Funded®, LLC. is paid a marketing lead generation firm “Partner” by Home Vision Mortgage for the goods, facilities, programs, and services provided. Your use of the Websites and/or FLASH Funded®, LLC.’s services constitutes your agreement with this compensation arrangement. At closing, you will be responsible for paying for any closing costs associated with your loan (such as loan processing, underwriting, or funding fees). FLASH Funded®, LLC. does not charge you a fee for its services provided by our partner Home Vision Mortgage.

By clicking on any button indicating an acceptance or agreement to terms, a continuance of processing or submission (“submission”) you understand that you are consenting, acknowledging, and agreeing to the stated terms and conditions of that submission and that you are submitting an inquiry as to a lending product through FLASH Funded®, LLC. to each of the Lenders to whom your loan request is transmitted. You are also indicating that you are consenting, acknowledging, and agreeing to receive important notices, disclosures, and other communications (“Disclosures and Communications”) in electronic form (either by email or via the Internet) as provided for in the Consent for Electronic Disclosures and Communications from FLASH Funded®, LLC. and its Partner(s) . You understand that you will need, and have access to an email address, Internet access and PDF software to review the Disclosures and Communications. In addition, you acknowledge that Home Vision Mortgage may access your credit file even if your Social Security Number is not provided and that you have received and reviewed and, where applicable, signed the necessary required disclosures. Not all lenders will receive and/or utilize your SSN to access your credit report and/or credit score.

FLASH Funded®, LLC. does not perform inquiries into credit, rather Home Vision Mortgage does a soft inquiry to adhere to Anti-Money Laundering requirements and to assist in identification and verification of consumers as well as to prevent fraud. The information FLASH Funded®, LLC. only receives your contact information and NOT from your credit report and/or credit score is not shared with Lenders but is used by internal personnel on a “need to know” basis. From time-to-time Home Vision Mortgage is examined by State and Federal Regulators and as such is required to maintain your Personally Identifiable Information to adhere to those requirements. Your information may also be obtained from Lenders after you are matched to adhere to state and federal reporting and record retention requirements. You authorize FLASH Funded®, LLC. and its participating Lenders to share such information as required.

NOTE: By completing a submission, you agree that FLASH Funded®, LLC. can access certain personal information but never from your credit file.

This information could include general contact information, but never from your credit report, credit score, and other credit information. You agree that Home Vision Mortgage may use and analyze your information as follows: (a) present you an overview of your credit profile including detailed information where available; (b) provide you with customized recommendations and general information about you; and (c) serve you targeted ads and other communication based on your information. Your credit score or credit report will never be given to a third party by FLASH Funded®, LLC., UpSwing Financial, LLC. or Home Vision Mortgage.

By submitting the loan request containing your electronic signature, you are extending an express invitation to Home Vision Mortgage or UpSwing Financial, LLC. that you wish to be contacted by telephone at the numbers (whether landline or cellular) you have provided so they may assist you with your transaction, and you hereby consent to any such calls even if your phone number is on any Do Not Call list, or by email at the email address you provided or at another address that may be associated with you that we receive from Lenders or other parties and you hereby consent to any such email so it will not be considered spam or unauthorized by any local, state or federal law or regulation. In addition, you consent, acknowledge, and agree that Home Vision Mortgage or an associated third party may use an automatic dialing system in connection with calls made to any telephone number you entered, even if it is a cellular phone number or other service for which the called person(s) could be charged for such call. By saving your information with FLASH Funded®, LLC. or by doing a submission, you give FLASH Funded®, LLC. or Home Vision Mortgage permission to retain all such provided information and to make live or recorded calls to discuss, provide or remind you of any information in regard to your submission, including incomplete loan requests, the delivery of loan request matches, deadlines, quality of services or other matters in connection with your loan request. For any service, you represent that all of the information you have provided in your submission and loan request is true and complete. You have the right to receive any document in non-electronic form and to withdraw your consent to electronic delivery at any time by contacting FLASH Funded®, LLC. Customer Service at +1-321.201.6865 or by emailing support@flashfunded.com.

When you “submit” information, create an account, or otherwise register for services through FLASH Funded®, LLC. and its Companies’ website or otherwise, you understand and agree that you have established a business relationship between you and FLASH Funded®, LLC., which is the owner of this site. Accordingly, FLASH Funded®, LLC. and/or its Affiliated Partners or Companies may send your information to its affiliates as provided in the Privacy Policy. and you agree that FLASH Funded®, LLC. and/or its Companies may contact you using information you provided with information and offers of services available through FLASH Funded®, LLC. and the Websites. You hereby consent to any such communication or phone calls even if your phone number is on any Do Not Call list. If at any time you do not wish to continue to receive communications from FLASH Funded®, LLC. Or its Companies’ or its affiliates’ communications, you may modify your preferences. In addition, you agree to notify FLASH Funded®, LLC. Customer Care at +1-321-201-6865 or by emailing support@flashfunded.com directly if you no longer want to receive other forms of communications from us.

B. FLASH Funded®, LLC. and Home Vision Mortgage Non-Mortgage Loan Request Services

Home Vision Mortgage may provide Services for multiple loan conditional offers through their networks of nonaffiliated Lenders. By submitting the loan request form, you authorize FLASH Funded®, LLC. to provide information provided by you or that FLASH Funded®, LLC. including Home Vision Mortgage has or may receive from others to their other Lenders, along with any additional Lenders or investors necessary to complete your loan transaction. You also authorize Home Vision Mortgage including its Lenders along with any additional Lenders or investors necessary to complete your loan transaction, to request from one or multiple credit bureaus /reporting agencies, your credit bureau report including any ancillary credit scores or ratings and to verify that your request is true and accurate. By clicking “submit” (or any button indicating acceptance) you are certifying that all the information you have provided in your loan request is true, accurate and complete. At the present time, Fair Isaac Corporation (the company that provides “FICO” credit scores) reports that, for mortgage or auto loans, it disregards those inquiries made in the 30 days prior to the lender receiving the credit score and that beyond the 30 days, it consolidates all credit inquiries that occur within a 14-day period into one inquiry for scoring purposes. Some Lenders will require addition information prior to providing an offer. In these situations, the Lender(s) will contact you directly to discuss your loan request and to discuss the specific terms of your offer(s). In Home Vision Mortgage information collection process, you may be given the option to provide your Social Security Number and/or have your credit pulled in order to improve your acceptance. Home Vision Mortgage may later require a Social Security Number to proceed with your loan request.

To determine program availability in your State or Area, Home Vision Mortgage provides us criteria about the type of loan (for example, loan amount or credit terms) and the type of loan customer (for example, state of residence or creditworthiness) in which Home Vision Mortgage is interested. FLASH Funded®, LLC. will provide your information to Home Vision Mortgage.

NOTE – If you use the FLASH Funded®, LLC. Home Vision Mortgage HEA Program, you will not be eligible for any incentives related to filling out the long-form Home Vision Mortgage loan request or closing your loan. You are only eligible for such incentives by going through an affinity partner, filling out the long-form loan request and meeting all other requirements for the incentive.

C. Additional Terms Applicable to Personal Loan and Commercial Loan Request Services

All loans by Home Vision Mortgage are subject to credit approval. Interest rates and loan fees vary and are based upon borrower and/or cosigner (where applicable), credit score and other underwriting criteria. Approval and underwriting criteria standards are established and maintained solely by the individual Lender(s) and not by FLASH Funded®, LLC.

When Home Vision Mortgage receive your loan request, they are not agreeing to lend you money and there will not be such an agreement until the time that the loan is disbursed to you. Home Vision Mortgage have the right to accept or reject your cosigner and lend an amount less than the amount requested.

In addition, by submitting your loan request to Home Vision Mortgage, you authorize the Lender to verify the accuracy and authenticity of all information supplied by you both internally and with the assistance of non-affiliated third parties. Specifically, you authorize Home Vision Mortgage to verify your enrollment status and other organizations and to verify your employment status by contacting your employer. Lender may also verify any income information that you provide. In all cases, Lender may disclose the fact that you are applying for credit from Lender.

If your loan request is conditionally approved by Home Vision Mortgage, the amount, and other details of your offered loan, including the interest rate and loan fee, will be disclosed to you in a Truth-in-Lending Disclosure Statement that you will receive with your Loan Promissory Note. If after reviewing the terms of the Promissory Note, you determine that you want the offered loan, you will:


1. Review and sign the Promissory Note along with your cosigner (if applicable).
2. Return the signed original Promissory Note within sixty (60) days of receipt; and
3. Return any additional documentation requested by Lender.

Notice for Florida Residents.

A married consumer may request separate credit. A married consumer may include a spouse’s income even when requesting for a separate account.

5. REQUEST FOR OTHER PRODUCTS AND SERVICES (INCLUDING FINDER/LOCATOR SERVICES)

FLASH Funded®, LLC. offers requests for other products and services on the Websites such as Real Estate Finder Search and Locate. You may be able to access these products and services when you complete a request and either (i) get matched with potential third party providers (“Provider” includes any third-party affiliate or finder of a Provider) who will respond with conditional offers for products or services or (ii) get provided with the name and information about potential Providers who may able to respond with the requested products or services or information about the requested products or services without any offers. The Providers that can provide you with conditional offers may not respond with offers until they speak with you to get additional information.

NOTE: You are providing express written consent for FLASH Funded®, LLC. and the selected Lender to share this private personally identifiable information for these purposes, litigation, regulatory request(s), law enforcement requests, internal analytics and/or for marketing purposes. flashfunded.com IS NOT A REAL ESTATE BROKER SERVICE and is only a Marketing, Advertising Aggregator Service for Geolocation of Real Estate or Properties Available through its partners and Affiliates to offer HEA Programs and Lending Through our Partner(s). FLASH Funded®, LLC. makes No Claims as having ANY Realtors, Brokers or Agents.

A. Terms Applicable to Credit Score Services

By registering with FLASH Funded®, LLC., you understand and consent to FLASH Funded®, LLC. receiving and accessing information about from third parties. Registering with Flash Funded will serve as written instructions under the federal Fair Credit Reporting Act. This information could include, but might not be limited to, your current home’s value, address, and other contact information. You agree that we may use and analyze your information as follows: (a) present you an overview of your personal profile including detailed information where available; (b) provide you with customized recommendations and general information about you; and (c) serve you targeted ads and other communication based on your information. Your credit score or credit report will never be asked for or given to a third party by FLASH Funded®, LLC.  

flashfunded.com’s service uses information from third-party services to perform some operations and calculations, including but not limited to, use of ATTOM Data Solution’s proprietary data (“ATTOM Data”) related to home values. You agree in using the FlashFunded.com services that all ATTOM Data is sourced from public documents or statistical calculations, is provided on an “as is, as available” basis with all faults and defects, and neither ATTOM Data Solutions, nor FLASH Funded®, LLC., nor their third party data providers make any warranties, express or implied, including without limitation, those of merchantability and fitness for a particular purpose. Further, neither ATTOM, nor Licensee, nor their third-party data providers are responsible for errors, omissions, miscalculations, or misrepresentations of value. Furthermore, any use of the ATTOM Data by you is at your own risk, and you shall indemnify and hold harmless ATTOM Data Solutions, FLASH Funded®, LLC., and any third-party data suppliers.

B. Terms Applicable to All Requests for other Products and Services

FLASH Funded®, LLC. is not a provider of lending, loans or products or services and does not make any decisions in connection with the products or services offered by our Providers. FLASH Funded®, LLC. does not endorse or recommend the products or services of any other Provider on any of its Websites other than Home Vision Mortgage and Their Affiliates. FLASH Funded®, LLC. is not an agent of either you or any Provider. FLASH Funded®, LLC.’s services are only marketing, advertising and administrative. You should rely on your own judgment in deciding which available product or service and Provider best suits your needs and financial means. The Provider is solely responsible for its services to you, and you agree that FLASH Funded®, LLC. shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such products or services. You understand that Providers may keep your request information and any other information provided by FLASH Funded®, LLC. or received by them in the processing of your request, whether or not you are qualified for the product or service with them or if you acquire a product or service with them. You agree to notify any Provider directly if you no longer want to receive communications from them.

Products and services may only be made to residents of states where Providers are licensed or authorized to make such products or services available. FLASH Funded®, LLC. and Providers expressly reserve the right to discontinue, suspend or terminate the offering of any product or service in any specific state through the Websites at any time, without prior notice.

The data and other information you may provide FLASH Funded®, LLC. is not, and is not treated as, an application for that product or service. FLASH Funded®, LLC. does not guarantee acceptance into any program or specific term or condition with any Provider; approval standards are established and maintained solely by individual Providers. Likewise, FLASH Funded®, LLC. does not guarantee that the terms or rates for the products or services offered and made available by Providers are the best terms or lowest rates available in the market. A Provider’s products or services may be subject to market conditions, approval, and qualification. The terms and rates provided by Providers may be higher or lower depending on your individual financial profile, your location, and other considerations. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for a product or service. Providers may not offer all products or services as well as not offer products or services in all states. You may not be matched with the Provider making any specific offer.

FLASH Funded®, LLC. is compensated as a marketing lead generation fee by either Home Vision Mortgage or a third party “finder” (if the finder markets for or to the Provider) for the goods, facilities and services FLASH Funded®, LLC. provided. Your use of the Websites and/or FLASH Funded®, LLC.’s services constitutes your agreement with this compensation arrangement. You will be responsible for paying for any cost associated with the product or service. FLASH Funded®, LLC. does not charge you a fee for its services.

By clicking on any button indicating an acceptance or agreement to terms, a continuance of processing or submission (“submission”) you understand that you are consenting, acknowledging, and agreeing to the stated terms and conditions of that submission and that you are submitting an inquiry as to a lending product through FLASH Funded®, LLC. to each of the Lenders to whom your loan request is transmitted. You are also indicating that you are consenting, acknowledging, and agreeing to receive important notices, disclosures, and other communications (“Disclosures and Communications”) in electronic form (either by email or via the Internet) as provided for in the Consent for Electronic Disclosures and Communications From FLASH Funded®, LLC. its Partner(s). In addition, if you proceed with a Loan Application with any FLASH Funded®, LLC. Partner(s) can provide you with the Disclosures and Communications in Electronic form. You understand that you will need, and have access to an email address, Internet access and PDF software to review the Disclosures and Communications. In addition, you acknowledge that we may access your credit file even if your Social Security Number is not provided and that you have received and reviewed and, where applicable, signed the necessary required disclosures. By submitting the request containing your electronic signature, you are extending an express invitation to each Provider to contact you by telephone at the numbers (whether landline or cellular) you have provided so they may assist you with your transaction, and you hereby consent to any such calls even if your phone number(s) are on any Do Not Call list, or by email at the email address you provided or at another address that may be associated with you that we receive from Providers or other parties and you hereby consent to any such email so it will not be considered spam or unauthorized by any local, state or federal law or regulation. In addition, you consent, acknowledge, and agree that FLASH Funded®, LLC., a lender with whom you have been matched or an associated third party may use an automatic dialing system in connection with calls made to any telephone number you entered, even if it is a cellular phone number or other service for which the called person(s) could be charged for such call. By saving your information with FLASH Funded®, LLC. or by doing a submission, you give FLASH Funded®, LLC. permission to retain all such provided information and to make live or recorded calls to discuss, provide or remind you of any information in regards to your submission, including incomplete requests, the delivery of request matches, deadlines, quality of services or other matters in connection with your request. For any product or service, you represent that all the information you have provided in your submission and request is true and complete. You have the right to receive any document in non-electronic form and to withdraw your consent to electronic delivery at any time by contacting FLASH Funded®, LLC. Customer Service at +1-321-201-6865 or by emailing support@flashfunded.com.

By submitting the request form, you authorize FLASH Funded®, LLC. to provide information that you provided or that FLASH Funded®, LLC. has or may receive from others to Home Vision Mortgage and Their Affiliates, along with any additional providers necessary to complete your transaction. By submitting any eligibility form, you authorize FLASH Funded®, LLC. to provide your information to review or provide product or services information and opportunities. You also authorize FLASH Funded®, LLC. and Home Vision Mortgage and Their Affiliates along with any additional providers necessary to complete your transaction, to request from one or multiple credit bureaus /reporting agencies, your credit bureau report including any ancillary credit scores or ratings.

6. COPYRIGHT, TRADEMARK AND SERVICE MARK NOTICES

All contents of the Websites are Copyright © 2022 – 2023 FLASH Funded®, LLC. and/or its Suppliers, Lenders, Providers, Title Bureaus, Advertisers, Sponsors or Real Estate Companies, U.S.A. All rights reserved. FLASH Funded®, LLC. is a registered trademark of ZenChip PRIME® Corp., and it’s logos, branding and website is owned by Alchemy Studios, LLC. Other product and company names mentioned herein, including the names of Lenders, may be the trademarks of their respective owners.

Nothing on the Websites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any service mark or trademark (individually and collectively, “Mark” or “Marks”) displayed on the Websites, without the prior written permission of ZenChip PRIME® Corp. FLASH Funded®, LLC. or the applicable Mark holder specific for each such use. The Marks may not be used to disparage FLASH Funded®, LLC., the Lenders, the applicable third party or the products or services of such parties, nor shall they be used in any manner that may damage any goodwill in the Marks. Use of any Mark as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by FLASH Funded®, LLC. in writing.

The Websites contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Websites are copyrighted as a collective work under the United States copyright laws. FLASH Funded®, LLC. owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express written permission of FLASH Funded®, LLC. and the copyright owner. Elements of the Websites are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors.

7. DISCLAIMERS AND LIABILITY

FLASH Funded®, LLC. intends that the information contained in the Websites be accurate and reliable; however, errors sometimes occur. The information is provided as a service to the general public over the age of eighteen and is subject to change without prior notice. In addition, changes and improvements to the information provided herein and are provided “as-is” without warranty of any kind, implied, expressed or otherwise. Under no circumstances will FLASH Funded®, LLC. be liable for any loss or damage caused by your reliance on information obtained through the Websites. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Websites.

THE WEBSITES AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS”. FLASH FUNDED®, LLC. AND/OR ITS SUPPLIERS, LENDERS, PROVIDERS OR REAL ESTATE COMPANIES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITES AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. USE OF THE WEBSITES AND/OR FLASH FUNDED®, LLC.’S SERVICES IS AT YOUR OWN RISK. FLASH FUNDED®, LLC. AND/OR ITS SUPPLIERS, LENDERS, PROVIDERS OR REAL ESTATE COMPANIES ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR THE INABILITY TO USE THE WEBSITES AND/OR FLASH FUNDED®, LLC.’S SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEBSITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITES, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED AT THE WEBSITES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCEL BOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO FLASH FUNDED®, LLC. RECORDS, PROGRAMS OR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FLASH FUNDED®, LLC. AND/OR ITS SUPPLIERS, PROVIDERS OR REAL ESTATE COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

8. ELECTRONIC COMMUNICATIONS/NOTICES AND INFORMATION DELIVERED ELECTRONICALLY

FLASH Funded®, LLC., Lenders, Providers and real estate companies may choose to electronically deliver all information related to its services and your requests. FLASH Funded®, LLC., Lenders, Providers and real estate companies’ electronic communications to you may transmit or convey information about action taken on your request, portions of your request that may be incomplete or require additional explanation, any notices required under applicable law, which may include any Federal Truth-in-Lending disclosures, State disclosures, other terms, conditions and documents, and the privacy policies of FLASH Funded®, LLC., Lenders, Providers and real estate companies.

You agree to receive all current and future notices, disclosures, communications, and information, and to do business electronically with FLASH Funded®, LLC., Lenders, Providers, and real estate companies. This means that FLASH Funded®, LLC., Lenders, Providers and real estate companies may communicate with you by sending a message to the email address you provided or at another address that may be associated with you that we receive from Lenders, Providers and real estate companies or other parties. You agree that you meet the below technical requirements and can access and retain copies of notices and information sent or made available electronically.

Technical Requirements

To access and retain information and notices we send or make available to you electronically, you will need:


•Internet access with 128-bit encryption
•Adobe Acrobat Reader 6 or higher
•Ability to Print Internet Explorer 6 or higher
•Firefox or Google Chrome (Use in IE mode)
•Email Access or Firefox version 1.5

You have the right to receive any document in non-electronic form and to withdraw your consent to electronic delivery at any time by contacting FLASH Funded®, LLC. Customer Service at +1-321-201-6865 or by emailing support@flashfunded.com.

9. PRIVACY POLICY

The FLASH Funded®, LLC. Privacy Policy, hereby incorporated by reference into this Agreement, explains the policy applicable to the information that is collected through the Websites or received directly from you.

10. INDEMNITY

As a condition of use of the Websites and/or FLASH Funded®, LLC.’s services, you agree to indemnify FLASH Funded®, LLC. and its Staff, Suppliers, Agents, Lenders, Providers or Real Estate Companies from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from your use of the Websites, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement.

11. LIMITATION ON DAMAGES

In no event will FLASH Funded®, LLC. have any liability to you in excess of actual compensatory damages. You irrevocably waive any claim to consequential, punitive or exemplary damages.

12. LINKS TO THIRD PARTY WEBSITES

The Websites may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. FLASH Funded®, LLC. does not operate or control in any respect any information, software, products or services available on such websites. FLASH Funded®, LLC.’s inclusion of a link to a website does not imply any endorsement of the services or the website, its contents, or its sponsoring organization. When you leave the Websites, please note that FLASH Funded®, LLC. is not responsible for the accuracy or content of the information provided by that website, nor is it liable for any direct or indirect technical or system issues arising out of your access to or use of third party technologies or programs available through that website.

13. ERRORS AND DELAYS

FLASH Funded®, LLC. is not responsible for any errors or delays in responding to a request or referral form caused by, including but not limited to, an incorrect email address provided by you or other technical problems beyond our reasonable control.

14. DISPUTE RESOLUTION

Any claim or controversy arising out of or relating to the use of the Websites, to the goods or services provided by FLASH Funded®, LLC., or to any acts or omissions for which you may contend FLASH Funded®, LLC. is liable, including but not limited to any claim or controversy as to arbitrarily (“Dispute”), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”) dated September 15, 2005. The arbitration shall be venued in consumer location reasonably convenient to the consumer. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the parties shall agree on an arbitrator mutually agreeable to both parties. Should the AAA decline to accept a matter submitted for individual (non-class) arbitration under these Terms of Use, the parties shall jointly select another arbitrator. In the event the parties are unable to agree on a neutral arbitrator, the claimant may file suit in any court of competent jurisdiction solely for the purpose of requesting the appointment of an arbitrator for individual (non-class) arbitration, as provided for in Section 5 of the Federal Arbitration Act. To begin the arbitration process, a party must make a written demand therefor.

Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.


THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND FLASH FUNDED®, LLC. WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, and the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using FLASH Funded®, LLC.’s services, you consent to these restrictions.


Should a Dispute arise, and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and FLASH Funded®, LLC., the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Orange County, Florida. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys’ fees.

15. OTHER TERMS

This Agreement (which hereby incorporates by reference any other provisions applicable to use of the Websites, including, but not limited to, any supplemental terms governing the use of certain specific material contained in the Websites and any operating rules for the Websites established by FLASH Funded®, LLC.) constitutes the entire agreement between you and FLASH Funded®, LLC. and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written, or electronic, between you and FLASH Funded®, LLC. with respect to the Websites and information, software, products and services associated with it. This Agreement shall be subject to and construed in accordance with the laws of the State of Florida, excluding its conflict of laws principles. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.