1. About TMK Financial Services
TMK Financial Services LLC ("TMK Financial", "we", "us", or "our") operates a commercial financing marketplace and brokerage platform connecting American small and mid-sized businesses with custom capital solutions, including working capital advances, merchant cash advances, business lines of credit, and revenue-based term financing.
TMK Financial Services is not a bank. Commercial funding products are provided directly by TMK Financial or through our vetted network of FDIC-insured lending partners, state-licensed commercial lenders, and private institutional funders. The exact funding provider for your facility will be explicitly identified in your final commercial funding agreement.
2. Applicant Eligibility
Access to our platform and commercial financing options is strictly restricted to entities and individuals satisfying all of the following requirements:
- Formally organized, active legal entities (LLCs, C-Corps, S-Corps, Partnerships, or Sole Proprietorships) operating legally within any of the 50 United States or the District of Columbia.
- Entities possessing an active Employer Identification Number (EIN) or, in the case of qualifying sole proprietors, a valid Social Security Number (SSN).
- Individual applicants who are at least 18 years of age and possess full legal authority to enter into binding commercial contracts on behalf of the business entity.
- Businesses operating exclusively for commercial, industrial, or professional purposes. Our services are not available for consumer or personal financing.
3. Application & Pre-Approval Process
3.1 Submission & Authorization
By completing an application or submitting financial documentation (including bank statements, tax returns, or ownership verifications), you authorize TMK Financial to analyze your cash flow metrics, evaluate underwriting eligibility, and match your business with tailored capital options.
3.2 Truthfulness & Accuracy
You represent and warrant that all figures, bank records, monthly revenue data, and ownership disclosures provided are completely accurate, genuine, and current. Submitting altered or falsified documents constitutes commercial fraud and will result in immediate disqualification and potential reporting to law enforcement authorities.
3.3 Zero Upfront Application Fees
TMK Financial Services never charges upfront application fees, evaluation costs, or advance processing deposits. Any underwriting or origination fees associated with a completed transaction are fully disclosed in your final contract and deducted directly from funding proceeds upon origination.
4. Credit Inquiries & Third-Party Verifications
By submitting an online inquiry or pre-approval request, you expressly grant TMK Financial Services authorization to:
- Perform soft credit inquiries and review business credit agency profiles without impacting your personal or commercial credit score.
- Request hard credit reports only after presenting a specific funding offer and receiving your explicit written consent.
- Verify operating bank accounts using secure instant verification protocols (such as Plaid or MX) or official bank statement verification.
- Cross-reference business principals against federal sanctions databases (OFAC/SDN) as required by U.S. commercial compliance standards.
- Communicate with you via phone, SMS, or email regarding application status, underwriting updates, and offer terms.
5. Electronic Signatures & E-SIGN Compliance
You consent to conduct commercial transactions with TMK Financial Services electronically. Your digital signature, electronic consent, or online form submission carries the full legal weight of a manual physical signature under the federal E-SIGN Act (15 U.S.C. § 7001) and applicable Uniform Electronic Transactions Acts (UETA). For detailed information regarding paper copy requests or consent withdrawal, consult our E-Sign Consent Disclosure.
6. Merchant Cash Advance Specific Disclosures
Certain capital facilities facilitated by TMK Financial Services are structured as Sales-Based Merchant Cash Advances (MCAs). A Merchant Cash Advance represents the purchase of a designated dollar amount of future business receivables at a pre-agreed factor rate.
A Merchant Cash Advance is not a loan or consumer credit product. MCAs are commercial transactions governed by commercial contract law and sales of receivables principles, rather than statutory loan usury caps. Full details regarding factor rates, daily or weekly ACH collections, and reconciliation adjustments will be clearly specified in your funding contract.
7. Prohibited Uses
You agree not to engage in any of the following activities on our platform:
- Submitting fraudulent financial documentation, false identity credentials, or unauthorized business records.
- Attempting to bypass platform security measures, reverse-engineer codebase logic, or scrap system data without authorization.
- Utilizing funding proceeds for consumer, household, or personal debt consolidation purposes.
- Misrepresenting business revenue, tax standings, or corporate ownership structures.
8. Limitation of Liability & Warranty Disclaimer
ALL PLATFORM SERVICES AND PRE-APPROVAL ESTIMATES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TMK FINANCIAL SERVICES DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Under no circumstances shall TMK Financial Services or its officers, directors, or employees be liable for indirect, incidental, consequential, or punitive damages resulting from your use of our platform or inability to secure funding approval. Our total aggregate liability for any claim shall not exceed $1,000.
9. Binding Arbitration & Class Action Waiver
Any dispute or legal claim arising out of these Terms or our advisory services shall be resolved through binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
YOU AND TMK FINANCIAL SERVICES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
10. Governing Law & Legal Contact
These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.
For legal inquiries, disclosures, or formal notices, contact our legal department at: