Terms of Service

1. Overview of Services

Capital Funding, Inc. (“Capital Funding,” “we,” “us,” or “our”) provides non-recourse pre-settlement funding to individuals with pending personal injury claims. Our funding is not a loan. It is a purchase of a portion of the potential proceeds of your legal claim, contingent upon the successful resolution of your case.

Key distinction: Unlike loans, pre-settlement funding does not require repayment if your case is unsuccessful. There are no monthly payments, no credit checks, and no personal liability beyond the proceeds of your case.

2. Eligibility

To be eligible for pre-settlement funding from Capital Funding, you must:

• Be at least 18 years of age
• Have a pending personal injury claim
• Be represented by a licensed attorney
• Have a case type that falls within our funding criteria
• Reside in a state where we are authorized to operate

Meeting these criteria does not guarantee approval. All funding decisions are based on an evaluation of your case's merits, including liability, damages, insurance coverage, and your attorney's cooperation.

3. Application Process

By submitting an application, you:

• Represent that all information provided is true and accurate to the best of your knowledge
• Authorize Capital Funding to contact your attorney for case verification
• Authorize Capital Funding to verify the information you have provided
• Understand that submitting an application does not guarantee approval or funding

Providing false, misleading, or incomplete information may result in denial of your application, termination of any funding agreement, and potential legal action.

4. Funding Agreement

If your application is approved, you will receive a separate Funding Agreement that contains the specific terms of your advance, including:

• The funded amount
• The funding fee structure and repayment schedule
• The total amount owed at various settlement timelines
• Non-recourse provisions
• Your attorney's acknowledgment and lien position

The Funding Agreement is a separate legal document from these Terms of Service. In the event of a conflict between these Terms and the Funding Agreement, the Funding Agreement shall control with respect to the specific terms of your funding.

5. Non-Recourse Nature

All funding provided by Capital Funding is non-recourse. This means:

• If your case does not result in a monetary recovery (settlement, judgment, or verdict), you owe nothing
• We will not pursue you personally for repayment
• We will not report non-payment to credit bureaus
• We will not initiate collection proceedings against you personally

Repayment is made exclusively from the proceeds of your case through your attorney at the time of settlement or judgment.

6. Repayment

When your case resolves successfully:

• Your attorney will deduct the funded amount plus applicable fees from your settlement proceeds
• Your attorney will remit payment directly to Capital Funding
• The remaining settlement proceeds will be distributed to you according to your attorney-client agreement

You agree to instruct your attorney to honor the lien created by the Funding Agreement and to notify Capital Funding of any case resolution.

7. Your Obligations

By accepting funding, you agree to:

• Notify us promptly of any change in your attorney, case status, or contact information
• Not seek additional funding from other providers without notifying Capital Funding
• Cooperate with reasonable requests for case status updates
• Not settle your case without your attorney's involvement
• Maintain accurate and truthful communication with Capital Funding

8. Website Use

When using our website, you agree not to:

• Use the site for any unlawful purpose
• Attempt to gain unauthorized access to our systems or data
• Submit false information through our forms or applications
• Scrape, crawl, or use automated tools to extract data from our website
• Interfere with the proper functioning of the website
• Impersonate any person or entity

9. Intellectual Property

All content on the Capital Funding website — including text, graphics, logos, images, software, and design — is the property of Capital Funding, Inc. or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from our content without prior written permission.

10. 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 warrant that our website will be uninterrupted, error-free, or free of viruses or other harmful components.

The information on our website, including our funding calculator and estimated amounts, is for informational purposes only and does not constitute a guarantee of funding, a specific funding amount, or legal advice.

11. Limitation of Liability

To the fullest extent permitted by law, Capital Funding shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our website or services. Our total liability shall not exceed the amount of funding you received from us.

12. Indemnification

You agree to indemnify and hold harmless Capital Funding, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from your breach of these Terms, your misrepresentation of information, or your misuse of our services.

13. Dispute Resolution

Any dispute arising from these Terms or your use of our services shall be resolved through binding arbitration in Houston, Texas, in accordance with the rules of the American Arbitration Association. You agree to waive any right to a jury trial or to participate in a class action lawsuit.

This arbitration provision does not prevent you from filing a complaint with any applicable state regulatory agency.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles. Where state-specific consumer protection laws provide greater protections, those laws shall apply.

15. Modifications

We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated effective date. Your continued use of our website or services after changes are posted constitutes acceptance of the modified Terms.

16. Severability

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

17. Communications Consent

By submitting an application or contacting us, you consent to receive communications from Capital Funding via phone, email, SMS, and automated messaging systems. You may opt out of marketing communications at any time by contacting us or following the unsubscribe instructions in our messages. Opting out of marketing does not affect transactional communications related to your funding.

18. Contact Information

For questions about these Terms of Service: