Application Terms and Conditions

Revised 12/2/2022

The Merchant and Owner(s)/Officer(s) identified on the application (collectively and/or individually “Applicant”) represents, acknowledges, and agrees that:

• Each Owner/Officer providing information or consent is properly authorized to do so on behalf of the Merchant;
• All information and documents provided to Mulligan Funding, LLC (“Mulligan”,) including any tax returns, identity verification documents, or any financial, bank, and credit card processor statements, are true, accurate, and complete;
• Applicant will immediately notify Mulligan of any change in such information or financial condition;
• Mulligan is authorized by the applicant to disclose the above information to other persons or entities (“Assignees”) who may grant, be involved with, or acquire commercial loans or financing agreements with respect to Applicant;
• Mulligan and Assignees (and each of their representatives, successors, assigns, and designees) are also authorized to request, receive, and assess any commercially available investigative reports, credit reports, statements from creditors or financial institutions, verification of information, or any other information that is deemed reasonably necessary in order to assess any potential transaction;
• Each Assignee can and will rely upon the accuracy and completeness of such information and documents, and is authorized to use such information or share it with other Assignees, in connection with potential transactions; and
• Applicant waives and releases any claims against recipients and any information-providers arising from any act or omission relating to the requesting, receiving, or release of information.

Applicant further agrees that any offers made by or on behalf of Mulligan are confidential and may not be disclosed to third parties (other than to Applicant’s legal or financial advisors or as required by law), except at Mulligan’s express, written direction.

Identity Verification

IMPORTANT INFORMATION ABOUT PROCEDURES FOR ESTABLISHING OR CHANGING AN ACCOUNT WITH MULLIGAN FUNDING UNDER THE USA PATRIOT ACT

To help the government fight the funding of terrorism, money laundering activities, and other financial crimes, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account with Mulligan.

What this means for you: When your business obtains a financial product or service offered by or in connection with Mulligan, we will ask for your name, place of residence (and mailing address if different), and other information or documentation, such as a copy of your driver’s license or other identifying documents, to verify your identity and that of your business. Federal law requires that financial institutions obtain, verify, and record information that identifies each individual or entity that opens an account or establishes a customer relationship. Mulligan uses this information for its decisions and monitors it on an ongoing basis.

Mulligan is permitted to impose and implement additional identity verification procedures when deemed necessary and appropriate, as specified under the Patriot Act.

Consent to Referral

You agree that Mulligan may disclose information you provide to us or obtain in connection to investigative reports, credit reports, statements from creditors or financial institutions, verification of information, or any other information discussed above, to third parties to whom Mulligan may refer you or your inquiry for financing.

Telephone Communication

You expressly authorize us to use your telephone number for voice calls and delivery of text messages for advertising and marketing messages. You authorize us to use the telephone numbers you provided in your application for credit to Mulligan (including your cell phone numbers). You agree that this consent applies even if the numbers you provided are currently on any state, federal, or corporate Do-Not-Call registry. You understand that msg & data rates may apply to SMS communication and the msg frequency varies. You understand that you are not required to provide this consent as a condition of receiving any credit or services from us and that you may apply for business credit by contacting us directly at 855-326-3564. You understand you may withdraw consent at any time. You may opt out of receiving calls and marketing from Mulligan, its affiliates, marketing partners, agents, and others as provided in the Privacy Policy or contact us directly at support@mulliganfunding.com.

E-Sign Consent

You consent that your electronic signature on agreements and documents has the same legal and moral effect as if you signed such agreements and documents in ink and will be deemed valid, authentic, enforceable, and binding. You understand and acknowledge that the Federal Electronic Signatures in Global and National Commerce Act defines an “electronic signature” as an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to be bound by such contract or record. Based on this definition, you further consent that your electronic actions or your participation in certain electronic processes that are logically associated with a contract or any fully disclosed terms and conditions in any other form shall also have the same legal effect as if you signed such contract or agreed to such terms and conditions by providing your written signature in ink. You agree that such actions/participation will be deemed a valid and binding contract to the extent such actions/participation indicates your intent to be legally bound.

Electronic communication. You consent to receive all available disclosures, notices, and other records (“records”) from us in electronic form until such time the events described in the Changing Your Email Address or Withdrawal of Consent provision occur.

You consent to allow Mulligan to respond to any inquiries by email at the email address you have provided, regardless of the original inquiry format.

Hardware and software requirements. To receive an electronic copy of electronic communications, you must have: (1) a personal computer or other device capable of accessing the Internet; (2) Internet access; (3) a valid email address and mobile device that can receive text messages; (4) a widely-used, recent-generation web browser (for example, Chrome or Firefox); (5) a current version of a program that accurately reads and displays PDF files (such as Adobe Reader); (6) a printer, hard drive, or other storage capabilities.

Changing your email address. If you change your email address or other contact information, you agree to provide us with your new email address or other contact information. The change will not be effective until we receive and have processed it, typically within two (2) business days. If you fail to provide us with this information and emails or other electronic messages are returned undelivered, we will continue to follow Mulligan’s contact information procedures and continue to try to contact you for the correct information.

Change your consent. You may change your consent at any time. Your consent to electronic communications and E-Sign may also be withdrawn at any time by providing us with written notice to the address below. Notwithstanding your change of consent, any electronic communications provided or agreements entered into with your electronic signature prior to your consent being withdrawn shall remain effective and binding.

Mail a written request to Mulligan at 4715 Viewridge Avenue, Suite 100, San Diego, CA 92123, or email us at support@mulliganfunding.com.

Your correspondence must contain in the body of such a request your email address, full name, US Postal address, and telephone number. After your withdrawal of consent has been received and processed by Mulligan, all subsequent notifications and communications will be sent by regular mail to the last known address on file. Allow ten (10) calendar days to process this request. You have the option to receive any information that we have provided electronically in paper form at no cost to you by providing a written request to the address above.

Acknowledgment and confirmation of your consent. You acknowledge and confirm, among other things, that (1) you can access and read the terms and conditions within this Application Terms and Conditions, including this E-Sign Consent section; (2) you can print on paper this disclosure or save or send the disclosure to a place where you can print it, for future reference and access based on the hardware and software requirements referenced above; and (3) until or unless you notify Mulligan as described above, you consent to receive from and through electronic means all notices, disclosures, authorizations, acknowledgments, and other documents required for the services during your business relationship with Mulligan.

Termination/Changes. In our sole discretion, we reserve the right to provide you with any notice or disclosures in paper format and to discontinue electronic provision at any time. We will provide you with notice of any such termination or change as required by law.