Terms of Service
Arches Fund LLC · Salt Lake City, Utah
Please read these Terms of Service carefully before using the Arches Fund website or Services. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, do not use our Services.
1. Description of Services
Arches Fund is a business loan referral platform. We connect small business owners seeking financing ("Borrowers") with third-party lenders ("Lenders") whose lending criteria may match the Borrower's profile.
Important: Arches Fund is not a lender, bank, financial institution, or credit provider. We do not make lending decisions, set interest rates, determine loan terms, or guarantee that any Borrower will receive financing. All lending decisions are made solely by our Lender partners.
2. Eligibility
To use our Services, you must:
- Be at least 18 years of age
- Be authorized to conduct business on behalf of the entity you represent
- Provide accurate, complete, and current information
- Agree to these Terms and our Privacy Policy
Our Services are intended for business use only. Consumer loans and personal financing are not within the scope of our Services.
3. Borrower Terms
Application Submission
By submitting a loan application through our Site, you:
- Represent that all information provided is accurate, complete, and truthful
- Authorize Arches Fund to share your application information with Lenders in our network for the purpose of obtaining financing
- Acknowledge that submission of an application does not guarantee receipt of a loan offer
- Understand that this is a soft credit inquiry and will not impact your credit score
No Guarantee of Funding
Arches Fund makes no representations or warranties that you will receive any financing offer, that any offer will meet your needs, or that any lender will approve your application. Lending decisions are entirely at the discretion of individual Lenders.
No Fees to Borrowers
Arches Fund does not charge fees to Borrowers for using our platform or submitting applications. Our revenue comes from referral fees paid by Lenders upon successful loan closings.
4. Lender Partner Terms
Registration and Approval
Lenders may apply to join our network through the Lender Portal. Approval is at Arches Fund's sole discretion. We reserve the right to reject or remove any Lender from our network at any time.
Referral Fees
Lenders agree to pay Arches Fund a referral fee upon successful loan funding to a referred Borrower. The specific fee rate is agreed upon during the onboarding process and governed by the separate Lender Partner Agreement. Referral fees are due within 10 days of loan funding.
Accuracy of Criteria
Lenders are responsible for maintaining accurate lending criteria on the platform. Lenders agree not to discriminate against applicants based on any protected characteristic in violation of applicable law, including the Equal Credit Opportunity Act.
5. Prohibited Conduct
You agree not to:
- Provide false, misleading, or fraudulent information
- Use our Services for any unlawful purpose
- Attempt to gain unauthorized access to our systems or data
- Interfere with or disrupt the operation of our Services
- Use automated tools, bots, or scrapers to access our Site
- Impersonate any person or entity
- Violate any applicable federal, state, or local laws or regulations
6. Intellectual Property
All content on our Site, including text, graphics, logos, and software, is the property of Arches Fund LLC or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works without our express written permission.
7. Disclaimer of Warranties
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, ARCHES FUND DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that our Services will be uninterrupted, error-free, or free of viruses or other harmful components.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARCHES FUND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES. OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM (WHICH FOR BORROWERS IS $0).
9. Indemnification
You agree to indemnify, defend, and hold harmless Arches Fund LLC, its officers, directors, employees, and agents from any claims, liabilities, damages, and expenses (including reasonable attorneys' fees) arising out of your use of our Services, your violation of these Terms, or your violation of any third-party rights.
10. Regulatory Compliance
Not a Mortgage Broker
Arches Fund provides commercial loan referral services only. We do not broker residential mortgage loans and are not a licensed mortgage broker.
Equal Credit Opportunity
Arches Fund and its Lender partners are committed to compliance with the Equal Credit Opportunity Act (ECOA) and all applicable fair lending laws. We do not discriminate on the basis of race, color, religion, national origin, sex, marital status, age, or any other protected characteristic.
Not Financial Advice
Nothing on our Site or in our Services constitutes financial, legal, or investment advice. You should consult with qualified professionals before making any financing decisions.
11. Governing Law
These Terms are governed by the laws of the State of Utah, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of our Services shall be resolved in the state or federal courts located in Salt Lake County, Utah.
12. Termination
We reserve the right to suspend or terminate your access to our Services at any time, with or without cause or notice. Upon termination, your right to use our Services will immediately cease.
13. Changes to These Terms
We may modify these Terms at any time by posting the revised Terms on our Site and updating the effective date. Your continued use of our Services after any changes constitutes your acceptance of the new Terms.
14. Entire Agreement
These Terms, together with our Privacy Policy and any separate Lender Partner Agreement, constitute the entire agreement between you and Arches Fund with respect to the subject matter herein, and supersede all prior agreements and understandings.