ALOHA AND WELCOME

Hawaii Merchant Funding, LLC ("HMF," "we," "us," or "our") operates the website www.hmfhawaii.com (the "Site") 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 Use"). Additional terms and conditions applicable to specific areas of this Site or services may be posted throughout the Site and, together with these Terms of Use, 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 Use, 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 Use periodically for updates 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

• "Services" 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 Representation

If 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 transfers

You 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" BASIS

THE 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 BE LIABLE 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.

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 1010
Honolulu, 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. ACKNOWLEDGMENT

BY 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!



Document Control:
Version: 1.0
Effective: June 4, 2025
Last Review: June 17, 2025
Next Review: December 4, 2025
Legal Review: Completed
Approved by: Executive Team

© 2025 Hawaii Merchant Funding, LLC. All Rights Reserved.