Terms and Conditions

Terms & Conditions

Effective as of January 1st, 2024

By accessing or using the www.samsonfunding.com (“Website”) or any service made available by Samson Funding (together, the “Service”), however accessed, you agree to be bound by these terms of use (“Terms”). Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in the Terms or will be presented to you for your acceptance when you sign up to use such Services or purchase such products. These Terms affect your legal rights and obligations. by accessing or using the Service, you acknowledge and represent that you have read, understand and are fully able and competent to accept these terms and conditions and agree to be legally bound by them. The terms and conditions below limit our liability and obligations to you and allow us to change, suspend or terminate your access to and use of the Service at any time in our sole discretion. It is your responsibility to read the following terms and conditions:

Use of Service

Failure to provide information that is accurate, complete, and current at so constitutes a breach of the Terms, which may result in immediate termination of the Services. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your personal information, including, without limitation, bank accounts, email address. Engagement of the Services is to be used only by you and only for your business needs. You are solely responsible for, and assume all liability regarding (i) the information and content you provide, (ii) the information and content you make available in any manner through the Service, and (iii) your interaction with any and all third-parties. You assume all risk when using the Services, including but not limited to all of the risks associated with any interactions with third-parties, including but not limited to any third-party funders to which you are referred or provided. You agree to provide accurate, true, current and complete information and agree to not use the Service for any illegal purpose. You will only use the Service in accordance with federal, state and local laws and for a bona fide business purpose.

Representations and Warranties by User

You represent and warrant that (i) you are not located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a “terrorist supporting” country; and (ii) you are not listed on any United States Government list of prohibited or restricted parties. You agree that you will not use the Service for any prohibited purpose. It is your sole responsibility to ensure that your use of the Service complies with all laws, rules and regulations applicable to you. In addition, you acknowledge that to use the Service, (i) the content must be yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the use of your content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.

Availability, Errors, and Inaccuracies

We are constantly updating our Service. The Service may be described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites. We cannot and do not guarantee the accuracy or completeness of any information, including availability and services. While we strive to ensure that the Service works, we cannot and will not guarantee that our Services will work as intended and that content will be available or accessible at any specific point in time. We expressly disclaim any and all liability as a result of delayed, lost, or unsent messages or errors associated to the content or Services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Our Service depends on various factors such as software, hardware and communications networks, and other factors outside of its control. You understand that we do not guarantee that the Service will be uninterrupted or that it will be timely, secure and error-free.

Privacy

Use of the Service is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of these Terms. Please carefully review our Privacy Policy. By using or accessing the Service, you agree to be bound by the terms of our Privacy Policy.

SMS Terms and Conditions

All SMS communication and campaigns are managed by Samson Funding:

· No mobile information will be shared with third parties/affiliates for marketing/promotional purposes including your text messaging originator opt-in data and consent and personal information.

· All SMS communication and campaigns are designed for direct correspondence with opted in contacts to provide event notifications, appointment reminders, and updates on requested services.

· The frequency of messages sent through direct SMS communications and campaigns may vary based on user preferences and ongoing need.

· Message and data rates may apply. By subscribing to this SMS campaign, you agree to any applicable fees as determined by your mobile carrier.

· You may opt out of all direct SMS communications or campaigns at any time by replying STOP. For assistance, text HELP. Please note that Samson Funding is responsible for managing all responses and actions related to the use of keywords.

· Samson Funding is not responsible for any issues arising from carrier limitations or restrictions. Samson Funding is not liable for delayed or undelivered messages. By subscribing to direct SMS communication and campaigns, you acknowledge and accept these terms and conditions.

CHANGES TO TERMS

We reserve the right, at our sole discretion, to modify or replace these Terms at any time, without notification. It is your responsibility to review the latest Terms before you use the Service. By continuing to access or use the Service after new Terms become effective, you agree to be bound by the new Terms. If you do not agree to the new Terms, please stop using the Service.

Governing Law

You expressly agree that these Terms and any dispute arising out of these Terms or use of the Service shall be governed, construed, and enforced in accordance with the laws of New York, United States, without regard to its conflict of law provisions. You further agree and consent to the exclusive personal and subject matter jurisdiction and venue of the state and federal courts located in New York County, New York, for the resolution of any such dispute and you agree and submit to personal jurisdiction in such courts. In addition, you forever waive any argument or defense based on personal jurisdiction, venue, or forum non conveniens.

Class Action Waiver

IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS AS A REPRESENTATIVE OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.

Miscellaneous Terms

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. You may not assign your rights or obligations under this Agreement without our prior written consent and any attempt to do so without such consent will be null and void and given no force or effect. Samson Funding may assign its rights under this Agreement without condition. These Terms constitute the entire agreement between us regarding the Service and supersede and replace any prior agreements we might have between us regarding the Service.

Contact Us

If you have any questions about these Terms prior to accepting, please contact us at support@samsonfunding.com.