Terms of Service

1. Introduction

Welcome to Sparks Family Finance, LLC, trading as Sparks Family Finance (“Company,” “we,” “our,” “us”). These Terms of Service (“Terms”) govern your use of our website at sparksfamilyfinance.com and the client portal available through it (together, the “Service”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms, which apply to all visitors, users, and others who access or use the Service. Accessing the Service in any manner, whether automated or otherwise, constitutes use of the Service and your agreement to be bound by these Terms and by our Privacy Policy. Please read them carefully before using the Service.

2. Who we are

Sparks Family Finance is a commercial financing broker. We are not a bank, a lender, or a credit union. We do not make credit decisions, issue credit, fund transactions with our own capital, or determine the terms of any financing. We introduce business borrowers to third-party lenders and assist with the application process. Any financing agreement you enter into is between you and that lender. How we are compensated is set out in our Disclosures.

3. No offer of credit

Nothing on the Service is an offer, commitment, or pre-approval of credit. Amounts, rates, terms, and timelines shown are typical market ranges presented for general information. All financing is subject to lender underwriting, verification, and approval, and actual terms may differ materially from anything shown here.

4. Business purposes only

The financing products described on the Service are commercial products available to business entities for business purposes. They are not consumer loans and do not carry consumer lending protections. By using the Service to request financing you represent that the request is for a business purpose.

5. Accounts and the client portal

When we create a client portal account for you, you guarantee that the information you provide is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate suspension or termination of your account. You are responsible for maintaining the confidentiality of your sign-in credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to protect your account.

6. Your responsibilities

• Information you submit must be accurate, complete, and current
• You must be authorized to seek financing on behalf of the business you name
• You may not submit another person’s information without their authority, or use the Service for any unlawful, fraudulent, or speculative purpose
• You may not interfere with or disrupt the Service, attempt to gain unauthorized access to any account, system, or network connected to it, or use any automated means to collect information from it
• You may not impersonate any person or entity or misrepresent your affiliation with a person or entity

7. Communications

By submitting a contact request or application, you agree that we may contact you by phone, email, and mail about your inquiry, your application, and our services, as described in the consent you give on the form and in our Privacy Policy. You may opt out of marketing communications at any time by following the unsubscribe instructions in any email or by contacting us. We will still send communications necessary to service an active application.

8. SMS Terms

Program name: Sparks Family Finance Application Updates. Sparks Family Finance operates a text message program for people who have submitted a funding application or contact request to us and have separately opted in to receive texts. Messages relate to your own application: confirmation that we received it, requests for documents underwriting has asked for, status changes on your file, and appointment confirmations. We do not send promotional offers or rate quotes by text.

Consent to receive texts is not a condition of any financing or of using this site. You opt in by ticking a box on our application form or contact form that is separate from every other authorization and is not pre-selected. The full program, including the exact opt-in wording, is on our Text Message Program page. Message frequency varies with activity on your file. Message and data rates may apply.

Reply STOP to any message to opt out at any time. Reply HELP for help, or contact us on (208) 361-2291 or at klark@sparksfamilyfinance.com. Opting out stops the texts and nothing else — your application is unaffected and we will continue to reach you by phone and email.

Carriers are not liable for delayed or undelivered messages. How we handle your number and your consent is set out in our Privacy Policy.

9. Intellectual property

The Service and all materials available on it are the property of Sparks Family Finance and its licensors and are protected by copyright, trademark, and other intellectual property laws. The Service is provided solely for your personal, non-commercial use in connection with evaluating or obtaining financing. You may not modify, copy, reproduce, republish, upload, post, transmit, sell, create derivative works from, or distribute in any manner or medium any material from the Service without our prior written permission. You may download or print one copy of individual pages for your own non-commercial use, provided you keep intact all copyright and other proprietary notices. You may link to the Service so long as the link does not state or imply any sponsorship or endorsement by us; you may not frame or inline any of its content without our prior written permission.

10. Not professional advice

Content on the Service is general information about financing structures. It is not legal, tax, accounting, or investment advice, and Sparks Family Finance is not an investment adviser and does not provide personalized financial advice. Consult your own attorney and CPA before entering into any financing arrangement, particularly on tax matters such as Section 179 treatment. You are responsible for consulting the appropriate professionals before acting on any information provided by us.

11. Third-party websites and lenders

The Service may contain links to third-party websites or services that are not owned or controlled by Sparks Family Finance, including lenders, government programs, and information providers. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party website or service, and we do not warrant the offerings of any of these entities. Any financing agreement you enter is between you and that lender, and your dealings with any lender are governed by that lender’s terms. You agree that Sparks Family Finance shall not be responsible or liable for any loss, damage, or other matter incurred as the result of such dealings.

12. Disclaimer of warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL INFORMATION ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, TIMELINESS, OR RELIABILITY OF ANY INFORMATION ON THE SERVICE, AND NO REPRESENTATION HAS BEEN MADE BY SPARKS FAMILY FINANCE AS TO ANY FINANCING YOU WILL BE OFFERED OR THE TERMS OF IT.

13. Limitation of liability

IN NO EVENT SHALL SPARKS FAMILY FINANCE, ITS OWNERS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR THROUGH THE SERVICE, INCLUDING ANY LENDER; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; OR (iv) UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IF YOU ARE DISSATISFIED WITH THE SERVICE OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

14. Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. In such jurisdictions, our liability is limited to the fullest extent permitted by law.

15. Indemnification

You agree to defend, indemnify, and hold harmless Sparks Family Finance and its owners, licensors, employees, contractors, agents, officers, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney’s fees) resulting from or arising out of (a) your use of and access to the Service, by you or any person using your account, or (b) a breach of these Terms, including any inaccurate information you submit in connection with a financing request.

16. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, at our sole discretion, for any reason, including a breach of these Terms. The disclaimers, limitations of liability, and indemnification obligations in these Terms survive any termination.

17. Governing law and disputes

These Terms shall be governed by and construed in accordance with the laws of the State of Idaho, without regard to its conflict-of-law provisions. Any dispute arising out of or relating to these Terms or the Service shall be resolved by binding arbitration in Ada County, Idaho, except that either party may seek injunctive relief in a court of competent jurisdiction to protect its intellectual property. If any provision of these Terms is held to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

18. Copyright complaints

If you believe in good faith that materials on the Service infringe your copyright, you or your agent may send us a notice under the Digital Millennium Copyright Act requesting that the material be removed. Notices and counter-notices must meet the current statutory requirements of the DMCA (see copyright.gov) and may be sent to klark@sparksfamilyfinance.com.

19. Assignment

These Terms are binding upon and inure to the benefit of Sparks Family Finance and our respective successors and assigns. You may not assign these Terms or any rights under them without our prior written consent. We may freely assign our rights and obligations under these Terms to any affiliated entity or successor.

20. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice before the new terms take effect, by posting a notice on the Service. The “last updated” date above reflects the current version, and continued use of the Service after changes take effect constitutes acceptance.

21. Contact

Questions about these Terms: klark@sparksfamilyfinance.com · (208) 361-2291