Terms of Application
Last updated: July 16, 2025
By agreeing to these Terms of Application (such as by clicking an acceptance
button), you, acting individually and on behalf of the business entity listed in the
application (together, the “Applicant”), confirm and agree to the following
conditions.
PLEASE NOTE THIS AGREEMENT INCLUDES AN ARBITRATION CLAUSE, A
CLASS ACTION WAIVER, AND A WAIVER OF JURY TRIAL RIGHTS. YOU MAY
OPT OUT AS DESCRIBED BELOW.
- You represent that you have the authority to submit this application and
any related documents on behalf of yourself and the Applicant, and to
provide the consents and authorizations described herein.
- This application is submitted to Verifen (“Verifen”)
and its third-party lenders, finance companies, and other entities
involved in providing commercial financing or purchasing receivables
(collectively, the “Recipients”).
- Upon approval of this application, you are authorized to execute financing
agreements on behalf of the Applicant. Note that certain financing
products may require a personal guaranty.
- You confirm all information submitted to Verifen and/or
Recipients is truthful, complete, and accurate, and you will promptly
notify Verifen of any changes to such information.
- Verifen and Recipients may rely on the information provided for
any decisions or actions related to this application.
- Except for consumer credit reports, Verifen may share your
application information and documents with Recipients to facilitate your
financing request.
- Verifen and Recipients may exchange information about you and
the Applicant for purposes related to administration, marketing, and
servicing, as permitted by law. Your personal information may also be
shared with the Applicant during underwriting.
- You and the Applicant release and waive any claims against any party
providing information about you or the Applicant.
- You agree to the terms of the Verifen Credit Gathering
Authorization [link here: www.Verifen.com/credit-gatheringauthorization],
which authorizes Verifen and Recipients to obtain
credit reports and other relevant information regarding the Applicant.
- Dispute Resolution and Arbitration Agreement:
To resolve any disputes efficiently and economically, you and Verifen
Funding agree that any dispute may be submitted to binding arbitration
rather than court litigation (“Agreement to Arbitrate”). Arbitration is a less
formal process than a lawsuit, involves a neutral arbitrator instead of a
judge or jury, and limits court review. The arbitrator may award the same
remedies a court could. Arbitration will be conducted on an individual
basis only; class or representative claims are prohibited. The arbitrator’s
authority to grant relief is limited to the individual claimant’s needs.
- You waive any right to participate in a class action or representative
proceeding against Verifen.
- This arbitration agreement covers all disputes between you and
Verifen, including those based on contract, tort, statute,
fraud, or any other legal theory, regardless of when such claims
arose.
- Exceptions: Nothing in this Agreement waives your or Verifen
Funding’s right to pursue enforcement through governmental
agencies, seek injunctive relief in court, or bring intellectual property
infringement claims in court.
- Arbitration will be administered by the American Arbitration
Association (“AAA”) under its Commercial Dispute Resolution
Procedures (“AAA Rules”), as modified herein. The AAA Rules and
forms are available at www.adr.org or by calling 1-800-778-7879.
- To initiate arbitration, you must send a written Notice of Dispute by
certified mail to:
Verifen, Legal Department, 3044 Coney Island Avenue,
Mailbox #7, Brooklyn, NY 11235.
The Notice must include a description of the dispute and the relief
requested. If not resolved within 30 days, arbitration may proceed.
- For claims up to $10,000, Verifen will reimburse your
arbitration filing fees upon request unless the claim is deemed
frivolous, in which case you must reimburse fees paid by Verifen
Funding.
- You may choose whether arbitration is conducted based on
documents only, by phone, or in person. In-person hearings will be
held in Brooklyn, NY.
- The arbitrator will provide a written decision with findings and
conclusions.
- Class or representative arbitrations are prohibited unless both parties
agree otherwise.
- Opt-Out: New users may reject this arbitration agreement by mailing
a signed written Opt-Out Notice postmarked within 30 days of first
accepting these Terms to:
Verifen, Legal Department, 3044 Coney Island Avenue,
Mailbox #7, Brooklyn, NY 11235.
The notice must include your name, address, username/email
associated with your account, and signature.
- If you opt out, the arbitration clause will not apply to you, but all other
Terms will remain effective.
- Any future changes to this arbitration agreement may be rejected by
written notice within 30 days, which will result in immediate
termination of your account.
- If any part of this arbitration provision is found invalid or
unenforceable, the remaining provisions will remain in effect. If the
entire provision is unenforceable, disputes will be resolved in court as
outlined in Section 15 of these Terms.
IMPORTANT: This application is for commercial financing or purchase of future
receivables only. Funds may not be used for personal, family, or household
purposes.
Federal Law Notice:
Financial institutions are required to verify the identity of individuals and entities
opening accounts or establishing relationships. This includes collecting name,
address, date of birth, Social Security or tax identification numbers, and other
information to confirm your identity. You may be asked to provide supporting
documents.