Terms & Conditions

Effective Date: January 1, 2026

Last Updated: January 1, 2026

Welcome to Vail Enterprises LLC. These Terms and Conditions ("Terms") govern your use of our website and services. By accessing our website or applying for funding, you agree to be bound by these Terms. If you do not agree, please do not use our services.

1. Acceptance of Terms

By submitting a funding application, contacting us for information, or using our website, you acknowledge that you have read, understood, and agree to these Terms and our Privacy Policy.

2. Services Overview

Vail Enterprises LLC is a direct business lender providing capital solutions including:

• Working Capital Loans
• Revenue-Based Financing
• Business Funding
• Equipment Financing

All funding decisions are made at our sole discretion based on underwriting criteria, creditworthiness, and business qualifications. Approval is not guaranteed.

3. Eligibility

To be eligible for our services, you must:

• Be at least 18 years of age
• Be an authorized representative of the business applying for funding
• Operate a legal business entity in the United States
• Provide accurate and complete information in your application

4. Application Process

When you submit a funding application, you represent and warrant that:

• All information provided is true, accurate, and complete
• You have authority to bind the business to a funding agreement
• You will promptly notify us of any material changes to the information provided
• You authorize us to obtain credit reports and verify information with third parties

Submission of an application does not constitute approval or a commitment to lend. We reserve the right to decline any application for any reason.

5. Funding Terms

If your application is approved, the specific terms of your funding will be outlined in a separate funding agreement, which may include:

• Funding amount
• Repayment structure (daily, weekly, or monthly)
• Factor rate or interest rate
• Total repayment amount
• Payment schedule and method
• Security interest or collateral requirements

You will have an opportunity to review and accept the funding agreement before funds are disbursed. Once accepted, the funding agreement governs your obligations.

6. Repayment

You agree to repay the full amount owed according to the terms of your funding agreement. Repayment may be collected via:

• ACH bank debit
• Credit card processing splits (for revenue-based financing)
• Wire transfer or check

Failure to repay may result in collection actions, reporting to credit bureaus, and legal proceedings. You are responsible for any fees or costs incurred in collection efforts.

7. Default and Remedies

You will be in default if you:

• Fail to make payments as scheduled
• Provide false or misleading information
• File for bankruptcy or become insolvent
• Breach any term of the funding agreement

Upon default, we may accelerate the full balance due, pursue collection remedies, and exercise any rights under applicable law or security agreements.

8. Fees and Costs

All fees, factor rates, and charges will be disclosed in your funding agreement. Additional fees may apply for:

• Late or returned payments
• Early repayment (if applicable)
• Collection efforts or legal proceedings
• Modification or extension of terms

9. SMS Terms & Conditions

If you opt in to receive SMS or text messages from Vail Enterprises LLC, the following terms apply:

Consent

By providing your mobile phone number and opting in, you expressly consent to receive recurring marketing and promotional SMS/MMS messages from Vail Enterprises LLC, sent using an automated telephone dialing system (ATDS). These messages may include offers, updates, and information about our financial products and services.

Message Frequency

Message frequency varies. You may receive up to 4 messages per month.

Data Rates

Message and data rates may apply based on your mobile carrier's plan.

Opt-Out

You may opt out of receiving SMS messages at any time by replying STOP to any message. After replying STOP, you will receive one final confirmation message, and then no further messages will be sent.

Help

For assistance, reply HELP to any message, or contact us at solomon@vail-enterprises.com.

10. Use of Website

You agree to use our website only for lawful purposes. You may not:

• Attempt to gain unauthorized access to our systems
• Use automated tools to scrape or collect data
• Upload malicious code or viruses
• Impersonate another person or entity
• Violate any applicable laws or regulations

We reserve the right to terminate your access to the website at any time for violations of these Terms.

11. Intellectual Property

All content on this website, including text, graphics, logos, and software, is the property of Vail Enterprises LLC or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or modify any content without our written permission.

12. Disclaimer of Warranties

Our website and services are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not guarantee that:

• The website will be uninterrupted or error-free
• Defects will be corrected
• The website is free of viruses or harmful components

13. Limitation of Liability

To the fullest extent permitted by law, Vail Enterprises LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our website or services, even if we have been advised of the possibility of such damages.

14. Indemnification

You agree to indemnify, defend, and hold harmless Vail Enterprises LLC, its officers, employees, and agents from any claims, liabilities, damages, losses, or expenses (including legal fees) arising from:

• Your use of our website or services
• Your breach of these Terms
• Your violation of any law or regulation
• Your infringement of any third-party rights

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of New York, without regard to conflict of law principles. Any disputes arising from these Terms or your use of our services shall be resolved through binding arbitration in Brooklyn, New York, in accordance with the rules of the American Arbitration Association.

You waive any right to participate in a class action lawsuit or class-wide arbitration.

16. Modifications to Terms

We reserve the right to modify these Terms at any time. Updated Terms will be posted on this page with a revised "Last Updated" date. Your continued use of our services after changes are posted constitutes acceptance of the updated Terms.

17. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy and any funding agreement, constitute the entire agreement between you and Vail Enterprises LLC regarding your use of our services.

19. Contact Information

If you have questions about these Terms, please contact us:

Vail Enterprises LLC
1786 E 8th Street
Brooklyn, NY 11223
Email: solomon@vail-enterprises.com