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TERMS AND CONDITIONS
FINANCIAL FUNDING AGREEMENT
IMPORTANT: By signing below, you are entering into a legally binding Financial Funding Agreement with SHERRAE 1 LLC.
AGREEMENT SUMMARY
This Financial Funding Agreement (the "Agreement") is made between SHERRAE 1 LLC, a business organized under the laws of New York (the "Company"), and you, the undersigned borrower (the "Borrower"), as of the date of your signature below (the "Effective Date").
You are engaging the Company to provide financial consulting and loan placement services for a consulting fee based on commission. The agreed-upon commission is 10% of the total funded amount.
TERMS OF SERVICE
This Agreement remains in effect for 180 days from the Effective Date. During this time, you agree not to bypass the Company by subsequently applying to recommended lending partner(s) and attempting to avoid paying the Company compensation. You agree to pay Company compensation for any new loan, line of credit, credit card, or modification to an existing loan proceeds made between you and any recommended lending partner, regardless of prior relationships or accounts with the lender.
COMPENSATION FOR SERVICE
You acknowledge the Consulting Fee for Company services is offered on a no contingency basis, with fee due if funding is approved by a participating lender and agreed to by you.
You agree to pay the Company a consulting and loan placement fee of 10% of the total funded amount, which includes each loan, line of credit, and/or credit card within 24 hours upon receipt of funding.
In the event you do not pay within 24 hours, you consent to the following consequences: each loan, line of credit, and/or credit card will be closed and may be sent to collections to compensate the Company's consulting fee. You also understand that in the event you fail to pay the consulting fee and your business entity is utilized to secure funding, any asset attached to that business is subject to forfeiture, lien, or garnishment. You understand and consent that such activity will be reported to all credit bureaus and the entire balance with additional late fees shall apply and be due immediately.
SERVICE ACKNOWLEDGMENTS
You acknowledge that:
The Company will attempt to secure a loan, line of credit, or credit card for the specific amount you request; however, you shall accept an alternative option of a series of loans, lines of credit, and credit cards totaling the requested amount.
The Company does not guarantee acceptance into any particular loan program or specific loan terms or conditions with any participating lender. Loan approval standards are established and maintained solely by individual lenders.
The Company does not guarantee the loan terms or rates offered and made available by participating lenders through this Agreement are the best terms or lowest rates available.
Nothing contained herein shall constitute an offer or promise for a loan commitment or interest rate lock-in.
Loan, line of credit, or credit card interest rates vary from 0% to 29.9%, to be determined by the lender and based on your credit score and credit reports. The Company has no control over interest rates.
LIMITED POWER OF ATTORNEY
The Company is not a direct financial lender. You agree and authorize the Company to coordinate a financial plan and payment schedule utilizing a limited Power of Attorney to represent you by electronic, verbal, or written means regarding the financial loan application and verification process. The Company is not a lender and does not make credit decisions in connection with loans.
You hereby grant a Limited Power of Attorney ("Attorney-in-Fact") to the Company and its consultants. The Attorney-in-Fact shall act on your behalf as if you were personally present, with respect to the following matters:
To the extent permitted by law to act through an agent
To obtain any and all forms the Attorney-in-Fact may deem necessary for effective representation of your interest in this matter
To request and receive any and all documents that are alleged or claimed to be your responsibility and to sign on your behalf for the completion of business described herein
The Attorney-in-Fact shall be revoked upon: (a) resolution of the above-referenced matter; (b) if you do not wish to be represented any longer; and/or (c) if the Attorney-in-Fact does not wish to represent you any longer.
LIMITED LIABILITY
The Company is not an agent of the Borrower or any participating lender. Each specific lender is solely responsible for its services to you, and you agree that the Company holds no liability for damages or costs of any type arising out of or in any way connected with the use of Company services or any lender associated with the Company.
You agree any lender considering a loan request may retain any loan request form or communications from you, whether you are approved or not approved for a loan.
You acknowledge the Company is not liable for any decrease in FICO scores or credit ratings during the application process. The Company and its lenders have the right to pull consumer credit reports and verify information in order to provide an accurate assessment of the financial loan request.
By submitting this signed intake form and financial loan request, you agree and provide an expressed invitation to each lender and its financial loan officers interested in making contact with you by telephone, text, or email at the contact information you provided, so the lenders may assist the financial transaction.
You agree the Company and its lenders may record calls in connection with the financial loan request.
LIMITED WARRANTY
The Company shall render services under this Agreement in a diligent manner. No other warranty is expressed or implied regarding Company services, recommendation, or consultation, including, but not limited to, Company or lender performance. You agree that the Company shall not be liable for lost product, lost profit, or any other incidental or consequential damages which may result from Company or associated lender services, recommendations, or consultations under this Agreement.
FORCE MAJEURE
Neither the Company nor you shall be considered in breach of this Agreement to the extent that performance of respective obligations (excluding payment obligations) is prevented by an Event of Force Majeure. "Force Majeure" means an event beyond the control of the parties, which prevents a party from complying with any of its obligations under this Agreement, including but not limited to: acts of God (fires, explosions, earthquakes, drought, tidal waves, floods); war, hostilities, invasion, act of foreign enemies; rebellion, revolution, insurrection, or military or usurped power, or civil war; contamination by radioactivity; riot, commotion, strikes, lockouts or disorder; or acts or threats of terrorism.
GOVERNING LAW
This Agreement has been entered into effect in the United States of America, in the State of New York and shall be governed by, construed, and enforced in accordance with the laws of the United States of America and the State of Florida. By utilizing our services, you consent to this Agreement and consent to being subject to the laws of the United States of America and the State of New York, regardless of your physical location. If for any reason a court of competent jurisdiction finds any provision or portion of the Agreement to be unenforceable, the remainder of the terms and conditions shall continue to be in full force and effect.
ARBITRATION
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY BINDING ARBITRATION. BY SIGNING BELOW, YOU THUS GIVE UP ANY RIGHT TO GO TO COURT TO ASSERT OR DEFEND ANY RIGHTS. YOU ALSO GIVE UP ANY RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.
Any dispute or claim arising out of or relating to this Agreement, to the goods or services provided by the Company, or to any acts or omissions for which you may contend the Company is liable, shall be finally and exclusively settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association (AAA) in the State of New York, with said arbitration location at the sole discretion of the Company. The parties shall share equally (50%) all fees and costs, subject to fee-shifting in favor of the prevailing party. All decisions of the arbitrator shall be final, binding, and conclusive on all parties.
ATTORNEY FEES
Any legal action, arbitration, or other proceeding brought against either party which arises out of or relating to this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorney fees and other costs, including but not limited to arbitration fees and costs, court fees and costs, consulting fees, witness fees, and expert witness fees incurred as a result of that action or proceeding.
ENTIRE AGREEMENT
This Agreement contains the entire agreement and understanding between you and the Company with respect to the subject matter hereof and takes precedence and replaces all prior discussions, agreements, proposals, and understandings, whether oral or in writing, between the parties related to the subject matter of this Agreement. This Agreement may be changed, modified, or amended only in a written agreement that is duly executed by authorized representatives of the parties.
This Agreement constitutes the entire agreement between all parties pertaining to the subject matter contained within and supersedes all prior and contemporaneous agreements, representations, and understandings. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all parties. Subject to the limitations on assignment set forth above, this Agreement inures to the benefit of, and is binding on, the parties and their respective heirs, representatives, and/or assigns.
WAIVER & SEVERABILITY
No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. If any provision of this Agreement is declared invalid or unenforceable, in whole or in part, for any reason, it is the intent of the parties that all the other provisions of this Agreement, or portions of them, be construed to remain fully valid, enforceable, and binding on the parties.
REPRESENTATIONS AND WARRANTIES
By signing below, you represent and warrant that:
All information provided in this intake form is true, accurate, and complete to the best of your knowledge
You have the legal authority to enter into this Agreement on behalf of yourself and/or your business entity
You have read, understood, and agree to all terms and conditions set forth above
You authorize the Company to act as your Attorney-in-Fact as described herein
You understand and agree to pay the 10% consulting fee within 24 hours of receiving funding
You consent to credit inquiries and verification of all information provided
You understand that the Company is not a lender and does not guarantee loan approval or specific terms
By providing your signature below, you acknowledge that you have read this entire Agreement, understand it, agree to be bound by it, and represent and warrant that you are duly authorized to enter into this Agreement.
YOUR SIGNATURE BELOW CONSTITUTES YOUR ACCEPTANCE OF ALL TERMS AND CONDITIONS OF THIS FINANCIAL FUNDING AGREEMENT WITH SHERRAE 1 LLC.