Terms of Service

01 About Surge Financial

Surge Financial is a commercial financing advisory firm and registered ISO (Independent Sales Organization) headquartered in Fort Lauderdale, Florida. We are not a bank, direct lender, mortgage company, or credit union. We do not make lending decisions, issue credit, or fund transactions directly.

Our role is to help business owners and real estate investors explore available financing options by connecting them with third-party funding sources, lenders, and capital providers. All financing arrangements facilitated through Surge Financial are subject to the independent underwriting, approval, and funding decisions of those third-party providers.

Nothing on this website constitutes a commitment to lend, a guarantee of approval, or an offer of credit. All information provided through our website and services is for general informational and advisory purposes only and does not constitute financial, legal, tax, or investment advice.

02 Eligibility

By using our website or submitting an inquiry or application, you represent and warrant that:

• You are at least 18 years of age
• You are a United States resident or are authorized to conduct business in the United States
• You have the legal authority to enter into these Terms on behalf of yourself or the business entity you represent
• All information you provide to Surge Financial is accurate, complete, and not misleading

We reserve the right to refuse service to any individual or entity at our sole discretion.

03 Description of Services

Surge Financial provides the following services:

• Reviewing and evaluating business and real estate financing inquiries
• Connecting qualified applicants with third-party funding sources and capital providers
• Providing general guidance on available financing structures and programs
• Facilitating the application and documentation process on behalf of clients

Our services are advisory and facilitation-based in nature. We do not guarantee that any inquiry will result in a financing offer, approval, or funding. Financing availability, terms, rates, and eligibility are determined entirely by the third-party funding sources we work with, subject to their independent underwriting criteria.

04 No Guarantee of Approval or Funding

Surge Financial makes no representations, warranties, or guarantees of any kind regarding:

• Whether you will receive a financing offer
• The specific terms, rates, amounts, or structure of any financing offer
• The speed at which any application will be reviewed, approved, or funded
• The suitability of any particular financing product for your situation

Any ranges, timelines, or general guidelines presented on our website are for illustrative purposes only and do not represent commitments or guarantees. All actual terms are set by third-party funding sources at their sole discretion.

05 User Responsibilities

By using our services, you agree to:

• Provide accurate, complete, and truthful information in all inquiries, applications, and communications
• Promptly notify us of any changes to information previously submitted
• Not use our website or services for any unlawful, fraudulent, or unauthorized purpose
• Not submit false, misleading, or fabricated business or financial information
• Not interfere with, disrupt, or attempt to gain unauthorized access to our website or systems
• Not use automated tools, bots, or scripts to access or interact with our website without prior written permission

You are solely responsible for the accuracy of the information you provide. Submitting false or misleading information may result in immediate termination of services and may expose you to legal liability.

06 Information Sharing Authorization

By submitting an inquiry or application through Surge Financial, you expressly authorize Surge Financial to:

• Share your personal, business, and financial information with third-party funding sources, lenders, and capital providers for the purpose of evaluating your financing request
• Pull a soft credit inquiry where applicable during the pre-qualification process
• Authorize a hard credit inquiry if you proceed with a specific program that requires one, after being informed and providing consent

This authorization remains in effect for the duration of your active inquiry or application with Surge Financial. You may withdraw this authorization at any time by contacting us directly, which will terminate our ability to continue processing your request.

07 SMS Terms and Conditions

This section governs your consent to receive SMS text message communications from Surge Financial and complies with applicable TCPA regulations, CTIA guidelines, and 10DLC messaging requirements.

Consent to Receive SMS

By opting in to SMS communications through any form on our website, you consent to receive text messages from Surge Financial related to your inquiry, application status, account updates, follow-up communications from an advisor, and relevant service information.

Message Frequency

Message frequency varies based on your level of engagement with Surge Financial. You may receive up to 10 messages per month depending on your active inquiry or application status.

Message and Data Rates

Message and data rates may apply depending on your mobile carrier and plan. Contact your wireless provider if you have questions about your text or data plan.

Opting Out

You may opt out of SMS communications at any time by replying STOP to any text message you receive from us. After opting out, you will receive one final confirmation message and will not receive further SMS messages unless you re-consent. You may also opt out by contacting us at (954) 787-4348 or [email protected].

Help

Reply HELP to any message for assistance or contact us at [email protected].

No Sharing of SMS Consent

We do not sell, rent, trade, or share your mobile phone number or SMS opt-in data with third parties for their marketing purposes. Your SMS consent is specific to Surge Financial only.

Carrier Liability

Carriers are not liable for delayed or undelivered messages.

Supported Carriers

Surge Financial supports all major U.S. mobile carriers including but not limited to AT&T, Verizon, T-Mobile, Sprint, Boost, Cricket, and Metro by T-Mobile.

08 Email Communications

By providing your email address and consenting to email communications, you agree to receive emails from Surge Financial including service updates, application follow-ups, financing insights, and promotional content. You may opt out of marketing emails at any time by clicking the unsubscribe link in any email or by contacting us at [email protected]. Transactional emails related to an active application or inquiry may still be sent as necessary.

09 Fees

Surge Financial does not charge upfront fees to explore financing options, submit an inquiry, or speak with an advisor. Surge Financial is compensated through the financing placement process by the funding source upon successful closing of a transaction. This compensation is separate from any fees, rates, or costs associated with the financing product itself, which are disclosed by the funding source directly.

You will never be charged a fee by Surge Financial to begin or continue the inquiry process. Any fees associated with a specific financing product will be clearly disclosed before you finalize any agreement with a third-party funding source.

10 Intellectual Property

All content on the Surge Financial website, including but not limited to text, graphics, logos, icons, images, page layouts, and software, is the property of Surge Financial or its content suppliers and is protected by applicable United States and international intellectual property laws.

You may not reproduce, distribute, modify, transmit, reuse, re-post, or use the content of our website for public or commercial purposes without prior written permission from Surge Financial. Nothing on this website grants you any license or right to use any trademark, logo, or service mark displayed on the site.

11 Disclaimer of Warranties

THE SURGE FINANCIAL WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SURGE FINANCIAL EXPRESSLY DISCLAIMS ALL WARRANTIES INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

SURGE FINANCIAL DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SURGE FINANCIAL DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR SUITABILITY OF ANY INFORMATION ON THE WEBSITE FOR ANY PURPOSE.

12 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SURGE FINANCIAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR WEBSITE OR SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA, EVEN IF SURGE FINANCIAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SURGE FINANCIAL IS NOT RESPONSIBLE FOR THE ACTIONS, DECISIONS, TERMS, OR CONDUCT OF ANY THIRD-PARTY FUNDING SOURCE, LENDER, OR CAPITAL PROVIDER WITH WHOM YOU ARE CONNECTED THROUGH OUR SERVICES. ANY FINANCING ARRANGEMENT YOU ENTER INTO WITH A THIRD PARTY IS SOLELY BETWEEN YOU AND THAT PARTY.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM YOUR USE OF OUR WEBSITE OR SERVICES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

13 Indemnification

You agree to indemnify, defend, and hold harmless Surge Financial and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees, arising out of or in connection with your use of our services, your violation of these Terms, your submission of false or inaccurate information, or your violation of any applicable law or regulation.

14 Third-Party Services and Links

Our website may contain links to third-party websites or reference third-party services. These links are provided for informational purposes only. Surge Financial has no control over the content, privacy practices, or terms of third-party sites and accepts no responsibility for them. Accessing any third-party site through a link on our website is at your own risk.

15 Privacy

Your use of our website and services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy. You can review our full Privacy Policy at surge-financial.com/privacy-policy.

16 Governing Law and Dispute Resolution

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

Any dispute arising out of or related to these Terms or your use of our services that cannot be resolved informally shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall take place in Broward County, Florida. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

You agree that any claims must be brought in your individual capacity and not as a plaintiff or class member in any class action or representative proceeding. You waive any right to a jury trial.

Nothing in this section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction where necessary to protect intellectual property rights or prevent irreparable harm.

17 Modifications to These Terms

Surge Financial reserves the right to modify these Terms of Service at any time. When material changes are made, we will update the effective date at the top of this page. Your continued use of our website or services after any modifications constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically.

18 Termination

Surge Financial reserves the right to suspend or terminate your access to our website or services at any time, with or without cause, and with or without notice. Upon termination, all provisions of these Terms that by their nature should survive termination shall survive, including without limitation intellectual property provisions, disclaimers, indemnification obligations, and limitations of liability.

19 Entire Agreement

These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and Surge Financial with respect to your use of our website and services and supersede all prior agreements, understandings, and communications, whether written or oral, relating to the same subject matter.

20 Contact Us

For questions about these Terms of Service, please contact us at:

Surge Financial

• Phone: (954) 787-4348
• Email: [email protected]
• Address: 2145 W Davie Blvd Suite 205, Fort Lauderdale, FL 33312