Terms of Use & Disclosures

Part One — Terms of Use

1. Acceptance of terms

By accessing or using the NC Advance website, submitting any form, or engaging our services, you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree, do not use this site. If you are using this site on behalf of a business, you represent that you have authority to bind that business to these terms.

2. Who we are and what we do

NC Advance is an independent sales organization, business funding advisor, and broker. NC Advance is not a lender, not a bank, and not a direct provider of credit.

We collect information about your business, present it to third-party funding partners, and help you compare offers they make. All funding decisions are made by those third-party funding partners. All rates, factor rates, terms, fees, and repayment schedules are set by those funding partners and disclosed to you in the funding documents they provide before you sign.

3. Eligibility

You must be at least 18 years old and either the owner of a business or an authorized representative with authority to submit a funding request on that business's behalf. You represent that all information you submit is accurate, current, and complete, and that you will promptly update it if it changes. Submitting false or misleading information is grounds for immediate termination of our services and may constitute fraud.

4. Permitted use of this site

You agree not to:

• Submit information that is false, misleading, or not your own.
• Use automated means to access, scrape, or submit forms on this site.
• Attempt to interfere with, disrupt, or gain unauthorized access to the site or its systems.
• Use this site for any unlawful purpose or in violation of any applicable law or regulation.
• Reverse engineer, copy, or resell any part of this site or our services.

5. No offer or commitment to fund

Nothing on this website constitutes an offer, promise, or commitment to provide funding, credit, or any financial product. Any funding described on this site is subject to approval by a third-party funding partner, and approval is never guaranteed. Submitting an application creates no obligation on the part of NC Advance or any funding partner.

6. Calculator and estimates

The calculator and any examples on this site produce illustrative estimates only. They use simplified assumptions and are provided to help you understand how factor rates, terms, and payment frequency affect total cost. They are not an offer, quote, or guarantee. Your actual costs and terms will be determined by the funding partner and disclosed in your agreement. Do not rely on the calculator as a substitute for reading your funding documents.

7. Third-party funding partners

When you submit an application, you authorize NC Advance to share your information with one or more third-party funding partners for the purpose of evaluating your request. Those partners are independent businesses with their own terms, privacy practices, and underwriting criteria. NC Advance does not control and is not responsible for their decisions, their conduct, or their use of your information. We encourage you to review any funding partner's privacy policy and funding agreement before signing.

8. Partner and broker terms

If you apply for partner access as an ISO, broker, funder, aggregator, or affiliate:

• You represent that you hold all licenses, registrations, and authorizations required to conduct business in the jurisdictions in which you operate, and that you will maintain them.
• You agree to comply with all applicable federal, state, and local laws, including the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule (TSR), the Fair Credit Reporting Act (FCRA), applicable state lending and broker licensing laws, and applicable anti-money laundering and sanctions requirements.
• You agree not to make any representation, promise, or guarantee to an applicant that is not expressly authorized by the funding partner's written materials, and not to use our name, marks, or the term "NC Advance" in any way that misleadingly implies we are a lender.
• Partner economics, rate sheets, buy rates, and portal credentials constitute confidential business information. They are disclosed only to verified partners and may not be republished or disclosed to third parties.
• We may suspend or terminate partner access at any time for compliance, performance, or reputational reasons, with or without notice.

9. Intellectual property

The NC Advance name, logo, website design, text, graphics, and underlying code are owned by NC Advance or its licensors and are protected by applicable intellectual property law. You may not copy, reproduce, distribute, or create derivative works without our prior written consent.

10. Copyright complaints

If you believe content on this site infringes your copyright, send a notice to legal@ncadvance.com including: identification of the work, the URL of the allegedly infringing material, your contact information, a statement of good-faith belief, a statement under penalty of perjury that the information is accurate and you are authorized to act, and your physical or electronic signature.

11. Disclaimer of warranties

The site and all content, tools, and services are provided "as is" and "as available," without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the site will be uninterrupted, error-free, or free of harmful components, or that any information on it is accurate, complete, or current. We do not warrant any outcome, approval, funding amount, or timeline.

12. Limitation of liability

To the maximum extent permitted by applicable law, NC Advance and its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any lost profits, lost revenue, lost business opportunity, or loss of data, arising out of or relating to your use of this site or our services, whether based in contract, tort, strict liability, or otherwise, even if advised of the possibility of such damages. Our total aggregate liability for any claim relating to the site or services shall not exceed one hundred dollars ($100). Some jurisdictions do not allow certain limitations, so portions of this section may not apply to you.

13. Indemnification

You agree to indemnify, defend, and hold harmless NC Advance and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or relating to your use of the site, your breach of these terms, your violation of any law or third-party right, or any information you submit.

14. Governing law and disputes

These terms are governed by the laws of the State of New York, without regard to conflict-of-law principles. Any dispute arising out of or relating to these terms or the site shall be resolved in the state or federal courts located in New York County, New York, and you consent to personal jurisdiction there. Nothing in this section prevents either party from seeking relief in small claims court where permitted, or from complying with a valid legal process.

Class action waiver. To the extent permitted by applicable law, you and NC Advance agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

15. Changes to these terms

We may revise these terms at any time by posting an updated version on this page with a revised effective date. Your continued use of the site after changes are posted constitutes acceptance. If any provision is found unenforceable, the remaining provisions will remain in full force.

Part Two — Disclosures

16. Important funding disclosures

• Approval is not guaranteed. Qualification requirements described on this site are typical but not exhaustive. Approval, funding amount, cost, term, and speed of funding are determined solely by the funding partner and vary by applicant, industry, jurisdiction, and business profile.
• Cost may be higher than a bank loan. Alternative business funding products, including merchant cash advances, generally cost more than traditional bank financing. You should compare the total dollar amount you will repay against the amount you receive before entering into any agreement.
• Figures are illustrative. Any dollar amount, factor rate, timeline, or example shown on this site is for illustration only and is not a quote. Actual terms will be provided by the funding partner in writing.
• No tax or legal advice. Nothing on this site constitutes tax, legal, accounting, or investment advice. Consult your own professional advisors.
• Individual results vary. Testimonials, examples, and case descriptions, if shown, reflect individual experiences and are not a guarantee of results.

17. Merchant cash advance disclosure

A merchant cash advance ("MCA") is a purchase of a portion of your future business receivables. It is not a loan. Because it is not a loan, an MCA is not subject to the federal Truth in Lending Act and is not required by federal law to disclose an annual percentage rate (APR) in the manner that a consumer or commercial loan is.

• The cost is expressed as a factor rate, typically between 1.15 and 1.49. A factor rate of 1.24 applied to a $75,000 advance results in a total repayment of $93,000 — a cost of $18,000.
• The APR equivalent of an MCA is often high because the term is short. The factor rate does not describe APR and should not be compared to a loan interest rate directly. Compare total dollars repaid to dollars received.
• Repayment is by a fixed dollar amount, typically collected daily or weekly by ACH debit or by a holdback percentage of card and deposit volume, depending on the structure.
• You are obligated to repay the full purchased amount unless your agreement expressly provides otherwise. A true revenue-based advance may flex with sales volume; a fixed-payment structure does not. Confirm which structure you are signing.
• Stacking multiple advances increases risk. Taking a second or third position while an existing advance is outstanding may materially increase your total cost and the strain on your cash flow.
• Consolidation may not save you money. Consolidating existing advances may reduce your periodic payment while extending your total repayment period and increasing total cost. Review the full comparison before consolidating.
• Default has consequences. Failure to repay may result in additional fees, offset of receivables, personal guaranty enforcement, collection activity, and litigation, as set out in your agreement.
• Read your agreement. The terms of your specific advance, including the purchased amount, factor rate, payment schedule, fees, and any guaranty, are set out in the documents provided by your funding partner. Read them completely before signing.
• How the broker is compensated. NC Advance is compensated by the funding partner in connection with a funded transaction. We do not charge you a fee to apply, and we do not collect a fee directly from you unless it is separately disclosed to you in writing before you sign. Where required by state law, the funding partner's disclosure documents will state how, and by whom, the broker is compensated for its role in the transaction.

18. Comparison table disclosure

The comparison table on our homepage compares typical market experience for alternative funding, traditional bank financing, and SBA lending. It is illustrative only. Timelines, credit criteria, collateral requirements, documentation requirements, and approval bases vary widely by institution, product, applicant, and jurisdiction, and may differ materially from the ranges shown. It is not a representation about any specific lender or about the terms you will receive. NC Advance is not a lender and does not offer bank or SBA products directly.

19. Restricted industries

Certain industries are not eligible for funding through our network. These generally include, without limitation:

• Adult entertainment and adult content
• Gambling and gaming operations
• Cannabis-related businesses where prohibited by applicable federal or state law
• Firearms and ammunition sales
• Cryptocurrency trading and speculative digital asset businesses
• Money services businesses without required licensing
• Businesses subject to sanctions or located in restricted jurisdictions
• Debt settlement, credit repair, and certain financial service models

Eligibility varies by funding partner and by state. Submitting an application for a restricted industry does not create an obligation on our part and will typically result in a decline.

20. Communications and consent

By submitting any form on this website, you consent to be contacted by NC Advance and its funding partners at the telephone number and email address you provide, including through the use of an automatic telephone dialing system, artificial or prerecorded voice messages, and text messages, regarding your application and related funding offers. Consent is not a condition of obtaining funding.

• Message and data rates may apply. Message frequency varies.
• Reply STOP to any text message to opt out. Reply HELP for assistance.
• You may withdraw consent at any time by written request to privacy@ncadvance.com or by calling (718) 820-6661.
• Withdrawal of consent does not affect communications required to service an existing agreement.
• You represent that the telephone number you provide is your own and that you are authorized to consent to be contacted at it.

21. Licensing and availability

NC Advance operates as a broker and independent sales organization and does not act as a lender in any jurisdiction. Products, funding availability, and terms vary by state and are subject to the licensing and eligibility requirements of each funding partner. Nothing on this site is intended to solicit business in any jurisdiction where we or a funding partner are not authorized to conduct business. Licensing and registration information is available upon request.

Broker registration. Some states require brokers and independent sales organizations that arrange sales-based financing — not only the funding providers themselves — to register or obtain a license before conducting business with residents of that state. Where such a requirement applies, NC Advance registers as required and maintains that registration. Not all products are available in all states.

Automatic debit restrictions. Certain states restrict or prohibit the use of automatic bank debits or recurring ACH withdrawals as a repayment mechanism for commercial financing. Where an alternative repayment method is required, the funding partner will offer it and disclose it in your agreement.

22. Accessibility

We are committed to making this website accessible to as many people as possible, including users of assistive technology. We aim to conform to the Web Content Accessibility Guidelines (WCAG) 2.2 Level AA. If you encounter an accessibility barrier or need information in an alternative format, please contact us at access@ncadvance.com or call (718) 820-6661 and we will work with you to provide the information you need.

23. Complaints and escalation

If something goes wrong, we want to hear it before it becomes a dispute. Complaints are handled in this order, and you may move to the next step at any time.

Step 1 — Your specialist

Raise it with the person who handled your file. Most issues are a misunderstanding about timing, terms or a document, and this resolves them same day.

Step 2 — Written complaint to NC Advance

Email legal@ncadvance.com with the subject line "Complaint", or write to us at the address in section 24. Include your name, business name, the application or transaction reference, and what you want us to do. We will acknowledge within 5 business days and issue a written response within 30 days.

Step 3 — The funding partner

If your complaint concerns the terms, servicing, debits, or conduct of the funding partner — not NC Advance — you may raise it with that partner directly. We will give you their legal name and contact details on request, and we will assist you in making the complaint. The funding partner is the entity that made the credit decision and set the terms, and some complaints can only be resolved by them.

Step 4 — Regulator or attorney general

You may complain to the financial regulator or attorney general in your state or in the state where the funding partner is licensed. For matters involving deceptive or abusive practices, you may also contact the Consumer Financial Protection Bureau at consumerfinance.gov/complaint. A copy of applicable state commercial financing disclosures is available on request.

What we will not do

We will not condition a funding decision, a renewal, or the terms of an offer on you withdrawing a complaint, and we will not discourage you from contacting a regulator. If you believe we have, tell us in writing and say so — that would be a serious breach on our part.

24. Contact

NC Advance
Email: funding@ncadvance.com
Complaints and legal: legal@ncadvance.com
Phone: (718) 820-6661
Hours: Monday–Friday 8am–8pm ET, Saturday 9am–3pm ET
Mailing address: 225 W 39th Street, New York, NY 10018