Terms & Conditions | Desert Sun Funding

Terms & Conditions

Desert Sun Funding — Effective: August 22, 2025
Questions? Call (561) 490-8002 or email [email protected].

1. Agreement to Terms

These Terms & Conditions (the “Terms”) govern your access to and use of Desert Sun Funding’ websites, applications, communications, and related services (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms.

If you do not agree, do not use the Services.

2. Eligibility & Use

You must be at least 18 years old and able to form a binding contract to use the Services. You agree to use the Services only for lawful purposes and in accordance with these Terms.

3. Services & No Professional Advice

The Services may include information about business financing options. Such information is provided for general informational purposes only and does not constitute financial, legal, tax, or Funding advice. Decisions based on information provided by the Services are your sole responsibility.

Desert Sun Funding is not a bank or financial institution. Availability of any funding product is not guaranteed and is subject to third-party eligibility criteria, verification, and approval.

4. Accounts, Accuracy & Consent

You agree to provide accurate, current, and complete information when you engage with us (including applications, forms, lead submissions, and phone/SMS communications) and to promptly update information when it changes.

By providing your phone number or email, you consent to receive communications from us via those channels. You can opt out of marketing emails at any time using the unsubscribe link and can opt out of SMS as described below.

5. Mobile Messaging (SMS/MMS) Program Terms

Summary (A2P): By opting in, you agree to receive SMS/MMS messages from Desert Sun Funding. Message frequency varies. Message and data rates may apply. Reply STOP to cancel, HELP for help.

5.1 Program Description & Opt-In

We may send account, application, reminder, and marketing messages via SMS/MMS (the “Mobile Program”). You can opt in by submitting a form that includes your phone number, checking an opt-in box, replying with an opt-in keyword, or providing verbal/written consent during a call or meeting.

5.2 Message Frequency & Costs

Message frequency varies. Message and data rates may apply. Your carrier’s rates apply.

5.3 Opt-Out

To stop receiving messages, reply STOP (or END, CANCEL, UNSUBSCRIBE, QUIT). You will receive a final confirmation message. You may also request removal by contacting us at (561) 490-8002 or [email protected].

5.4 Help

For assistance, reply HELP or contact (561) 490-8002 / [email protected].

5.5 Carrier Disclaimer

Carriers are not liable for delayed or undelivered messages. Delivery is subject to effective transmission from your carrier and network operator.

5.6 Your Responsibilities

  • Provide a valid phone number that you own and control.
  • Promptly notify us if your number changes or is reassigned.
  • Understand that consent is not a condition of purchase or application.

5.7 Privacy

We handle personal data collected via the Mobile Program per our Privacy Policy. We may collect your phone number, message content, engagement data, device and carrier information, and timing metadata to operate and improve the Mobile Program.

6. Intellectual Property

The Services and all content therein are owned by or licensed to Desert Sun Funding and protected by applicable intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Services without our prior written permission.

7. Prohibited Uses

  • Using the Services for unlawful, deceptive, or fraudulent purposes.
  • Interfering with or disrupting the Services or networks connected to the Services.
  • Attempting to gain unauthorized access to the Services or user data.
  • Reverse engineering or scraping the Services, except as permitted by law.

8. Disclaimers

THE 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, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DESERT SUN Funding AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED $100.

10. Indemnification

You agree to indemnify and hold Desert Sun Funding harmless from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Services or violation of these Terms.

11. Dispute Resolution & Arbitration; Class Action Waiver

Except where prohibited, any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration on an individual basis. You and Desert Sun Funding waive any right to a jury trial or to participate in a class action. The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The seat of arbitration will be the state in which Desert Sun Funding maintains its principal place of business, and the language will be English.

12. Governing Law

These Terms are governed by the laws of the State of Florida, without regard to conflict of laws principles.

13. Changes to These Terms

We may update these Terms from time to time. Updates are effective when posted. Your continued use of the Services after updates become effective constitutes acceptance of the revised Terms.

14. Contact

Desert Sun Funding
Phone: (561) 490-8002
Email: [email protected]

Last updated: August 22, 2025 • These Terms are a general template and do not constitute legal advice.