Terms of Service
ALOHA AND WELCOME
Hawaii Merchant Funding, LLC ("HMF", "we", "us", or "our") operates the website www.hmfhawaii.com to provide online access to information about HMF and its merchant cash advance products, AI-powered business services, and funding opportunities. By accessing and using this Site, you agree to each of the terms and conditions set forth herein ("Terms of Service"). Additional terms and conditions applicable to specific areas of this Site or services may be posted throughout the Site and, together with the Terms of Service, govern your use of those areas, content, and/or transactions.
HMF reserves the right to modify the content of its Site, including these Terms of service, without prior notice. Your use of the Site constitutes your agreement to follow and be bound by the terms and conditions of the Site, as well as these Terms of Use, as modified. You are encouraged to review the Site and these Terms of Service periodically forupdates and modifications.
TABLE OF CONTENTS
1. Definitions
2. Authorized Use
3. Authorized Users
4. Funding Applications
5. Intellectual Property
6. Third-Party Links and Services
7. Disclaimers
8. Limitation of Liability
9. Indemnification
10. Electronic Communications
11. Authorization to Contact
12. Privacy and Data Security
13. Hawaii-Specific Provisions
14. Dispute Resolution
15. General Provisions
16. Accessibility
17. Contact Information
18. Special Notices
19. Acknowledgment
1. DEFINITIONS
• "Merchant Cash Advance" or "MCA"; means the purchase of future receivables at a discount•
"Site" means www.hmfhawaii.com and all related mobile applications•
"Service" means all funding products, AI analytics, consulting, and advisory services offered by HMF
• "User" means any individual or business entity accessing the Site•
"Content" means all information, data, text, software, graphics, and materials on the Site
2. AUTHORIZED USE
2.1 Limited License
You are granted a limited, non-exclusive, non-transferable license to: Access and use the Site for legitimate business purposes Download or print Content solely for your business or informational use Apply for funding products and services This license is subject to these Terms of Use and does not include: Use of data mining, robots, or similar data gathering methods Commercial exploitation of Site Content Creation of derivative works Systematic downloading of Content
2.2 Prohibited Activities
You agree that you will NOT:
a) Misuse the Site: Harvest email addresses or contact information for unauthorized purposes Use automated scripts without written permission Create multiple accounts or false identities Impersonate any person or entity Misrepresent your affiliation or business status
b) Compromise Security: Upload viruses, malware, or harmful code Attempt unauthorized access to systems Interfere with Site operations Reverse engineer any Site features Probe for security vulnerabilities
c) Violate Privacy: Share private information of third parties Access other users; accounts Collect personal data without consent Violate our Privacy Policy
d) Engage in Harmful Conduct: Post spam, chain letters, or pyramid schemes Upload objectionable or illegal content Harass or threaten other users Violate any applicable laws Infringe intellectual property rights
2.3 Enforcement
HMF reserves the right to: Restrict or terminate your access at any time Remove any content deemed inappropriate Report violations to law enforcement Seek legal remedies for damages
3. AUTHORIZED USERS
3.1 Age Requirement
By using the Site, you affirm that you are: At least 18 years of age Legally capable of entering binding contracts Authorized to act on behalf of your business HMF will not consider applications or retain information from persons under 18.
3.2 Business RepresentationIf acting for a business entity, you represent that: You have authority to bind the entity All information provided is accurate The business is legally registered in Hawaii You will notify us of any changes in authority
4. FUNDING APPLICATIONS
4.1 Application Process
By submitting a funding application: You authorize credit and background checks You consent to bank account verification You agree to provide accurate information You understand approval is not guaranteed
4.2 Network Partners
If you do not qualify with HMF, we may: Share your application with funding partners Facilitate alternative funding options Transfer your consent to affiliated parties Notify you of any such transfersYou may opt out of partner sharing by emailing privacy@hmfhawaii.com.
4.3 Hawaii Business Requirements
Applicants must: Operate primarily in Hawaii Hold valid Hawaii business licenses Maintain Hawaii bank accounts Comply with Hawaii state regulations
5. INTELLECTUAL PROPERTY
5.1 HMF Property
All Site Content is owned by or licensed to HMF, including: Trademarks, logos, and branding Software and algorithms Text, graphics, and designs AI models and analytics Business methodologies
5.2 User Content
By submitting content to HMF, you: Grant us a non-exclusive, royalty-free license to use it Warrant you have rights to the content Agree we may use it for business purposes Retain ownership of your content
5.3 Feedback
Any feedback you provide becomes HMF property. We may use it without compensation or attribution.
6. THIRD-PARTY LINKS AND SERVICES
Links to third-party sites are provided for convenience only. HMF is not responsible for: Third-party content or practices Privacy policies of linked sites Products or services offered Accuracy of third-party information
7. DISCLAIMERS
7.1 "AS IS"; BASISTHE SITE AND SERVICES ARE PROVIDED "AS IS"; AND "AS AVAILABLE"; WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING: MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE NON-INFRINGEMENT ACCURACY OR COMPLETENESS UNINTERRUPTED OR ERROR-FREE OPERATION
7.2 No Financial Advice
Content on this Site is for informational purposes only and does not constitute: Financial, legal, or tax advice Guaranteed funding approval Investment recommendations Professional consultation Always consult qualified professionals for specific advice.
8. LIMITATION OF LIABILITY
8.1 Exclusion of Damages
TO THE MAXIMUM EXTENT PERMITTED BY HAWAII LAW, HMF SHALL NOT BELIABLE FOR: INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES LOST PROFITS OR BUSINESS OPPORTUNITIES DATA LOSS OR CORRUPTION PUNITIVE OR EXEMPLARY DAMAGES AMOUNTS EXCEEDING FEES PAID TO HMF
8.2 Total Liability Cap
In no event shall HMF's total liability exceed the greater of: $100.00 Fees paid by you in the 12 months preceding the claim
8.3 Time Limitation
Any claims must be brought within one (1) year after the cause of action accrues.
9. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless HMF, its affiliates, officers, directors, employees, agents, and partners from all claims, losses, damages, and expenses (including attorneys fees) arising from: Your violation of these Terms Your use of the Site or Services Your business operations Any content you submit Violation of any laws or third-party rights
10. ELECTRONIC COMMUNICATIONS
10.1 Consent to Electronic Communications By using the Site, you consent to receive communications electronically, including: Funding agreements and disclosures Account notifications Marketing messages (with opt-in) Legal notices
10.2 Requirements
You must maintain: Valid email address Device capable of viewing PDFs Ability to print or save documents Updated contact information
10.3 Withdrawal of Consent
You may withdraw consent by contacting us, but this may limit available services.
10.4 SMS Messaging Terms
Purpose of SMS Messages.
We send SMS messages to provide funding application updates, account notifications, reminders and occasional promotional offers. We do not use SMS for any loan or mortgage advertisements, credit‑repair services, debt collection or other prohibited content.
Consent and Non‑Condition.
SMS messages are sent only when you have explicitly opted in. Consent to receive texts is not required to apply for funding or purchase products. Message Frequency and Cost. Message frequency may vary; message and data rates may apply.
Opt‑Out and Help.
To stop receiving SMS messages, reply “STOP.” Reply “HELP” for help or contact us at privacy@hmfhawaii.com.
Data Use and Sharing.
We log your consent and opt‑out status for compliance, and do not sell or share your phone number or consent information with unaffiliated third parties.
Carrier Liability Disclaimer.
Carriers are not liable for delayed or undelivered messages.
Policy Compliance.
We adhere to RingCentral’s SMS/MMS content policies; violating those policies may result in suspension of our SMS program.
Cross‑Reference to Terms. See Section 11.1 of our Terms of Service for additional SMS terms.
11. AUTHORIZATION TO CONTACT
By providing contact information, you authorize HMF and its partners to contact you via: Phone calls (including automated) Text messages Email Mail Push notifications
This includes calls to mobile phones that may incur charges. You may opt out of marketing communications but not transactional messages.
12. PRIVACY AND DATA SECURITY
Your use of the Site is subject to our Privacy Policy at www.hmfhawaii.com/privacy. By using the Site, you acknowledge: Collection and processing of business data Use of AI for analysis and decisions Sharing with service providers Security measures in place
13. HAWAII-SPECIFIC PROVISIONS
13.1 Compliance with Hawaii Law
All Services comply with: Hawaii Revised Statutes Hawaii Consumer Protection Act Hawaii business regulations County ordinances where applicable
13.2 Native Hawaiian Values
HMF operates with respect for Hawaiian culture and values, incorporating:
Laulima (cooperation)
Kuleana (responsibility)
Aloha (compassion)
Pono (righteousness)
14. DISPUTE RESOLUTION
14.1 Governing Law
These Terms are governed by Hawaii law, without regard to conflict of law principles.
14.2 Informal Resolution
Before filing any legal action, you agree to attempt resolution by contacting: legal@hmfhawaii.com
14.3 Arbitration Agreement
Any disputes not resolved informally shall be resolved through binding arbitration under the American Arbitration Association rules, conducted in Honolulu, Hawaii.
Exceptions to Arbitration: Small claims court actions Injunctive relief for IP violations Collection of amounts owed
14.4 Class Action Waiver
You waive any right to participate in class actions against HMF.
15. GENERAL PROVISIONS
15.1 Entire Agreement
These Terms, along with our Privacy Policy and any service agreements, constitute the entire agreement between you and HMF.
15.2 Severability
If any provision is found unenforceable, the remaining provisions continue in effect.
15.3 No Waiver
Failure to enforce any right does not constitute a waiver of that right.
15.4 Force Majeure
HMF is not liable for delays or failures due to causes beyond our reasonable control, including natural disasters, pandemics, or acts of God.
15.5 Assignment
You may not assign these Terms. HMF may assign them without restriction.
15.6 Updates and Modifications
We may update these Terms at any time. Continued use after changes constitutes acceptance.
16. ACCESSIBILITY
HMF is committed to accessibility. If you need assistance accessing our Site or Services: Email: accessibility@hmfhawaii.com Phone: (808) 555-3865 TTY: (808) 555-3866
17. CONTACT INFORMATION
Hawaii Merchant Funding, LLC
1388 Bishop Street,
Suite 1010Honolulu,
HI 96813
Customer Service:
Phone: (808) 555-FUND (3863)
Email: support@hmfhawaii.com
Hours: Monday-Friday, 8:00 AM - 8:00 PM HST
Legal Notices:
Email: legal@hmfhawaii.com
Report
Violations:
Email: abuse@hmfhawaii.com
18. SPECIAL NOTICES
18.1 California Residents
California residents may have additional rights. See our California Privacy Notice.
18.2 Service Members
Active duty military members may have additional protections under federal law.
18.3 Language
These Terms are written in English. Any translations are for convenience only.
19. ACKNOWLEDGMENTBY USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE.
Mahalo for choosing Hawaii Merchant Funding!