Legal

Terms of Use

Last Updated: January 2026

These Terms of Use ("Terms") govern your access to and use of the Heritage Factoring website (the "Website") and any information, content, applications, forms, or services made available through the Website.

By accessing or using this Website, submitting information, or communicating with Heritage Factoring ("Heritage," "we," "our," or "us"), you agree to be bound by these Terms.

If you do not agree to these Terms, you must discontinue use of the Website.

1. Business Use Only

This Website is intended solely for business and commercial use. Heritage Factoring provides commercial financing services and does not offer consumer lending products.

You represent and warrant that any information submitted through the Website is for legitimate commercial purposes.

2. No Financing Commitment

Information provided on this Website is for informational purposes only and does not constitute:

  • A commitment to lend or fund
  • A binding offer
  • Legal, tax, or financial advice

Any funding transaction is subject to underwriting review, documentation, and formal written agreements executed by the parties.

No financing relationship exists unless and until definitive written agreements are executed.

3. Information Accuracy

You agree that all information submitted to Heritage is true, accurate, and complete. You acknowledge that Heritage may rely on such information in evaluating funding inquiries.

Submission of false, misleading, or incomplete information may result in denial of services and may expose you to civil or criminal liability.

4. Intellectual Property

All Website content, including text, graphics, logos, trademarks, design elements, and software, is the property of Heritage Factoring or its licensors and is protected under applicable intellectual property laws.

You may not reproduce, distribute, modify, or create derivative works from Website content without prior written consent.

5. Third-Party Services

Heritage may utilize third-party service providers, institutional funding partners, or technology platforms to assist in underwriting, servicing, and transaction processing.

Heritage is not responsible for the content or practices of third-party websites or services linked through the Website.

6. Disclaimer of Warranties

THE WEBSITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

HERITAGE DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY OR COMPLETENESS OF INFORMATION

We do not guarantee uninterrupted or error-free access to the Website.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HERITAGE FACTORING SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE.

IN NO EVENT SHALL HERITAGE'S TOTAL LIABILITY EXCEED ONE THOUSAND DOLLARS ($1,000), REGARDLESS OF THE THEORY OF LIABILITY.

8. Indemnification

You agree to indemnify, defend, and hold harmless Heritage Factoring and its affiliates, officers, employees, agents, and funding partners from any claims, liabilities, damages, losses, or expenses arising out of:

  • Your violation of these Terms
  • Your misuse of the Website
  • Information you submit through the Website

9. Confidentiality of Submissions

Information submitted through the Website may be shared with institutional funding partners and service providers as necessary to evaluate and administer financing transactions.

Submission of information does not create a confidential relationship unless and until expressly agreed in writing.

10. Mandatory Mediation and Binding Arbitration

A. Mediation Requirement

Any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or any services provided by Heritage Factoring shall first be submitted to non-binding mediation.

Mediation shall occur in Galveston County, Texas, before a mutually agreed mediator.

The parties shall share mediation costs equally.

B. Binding Arbitration

If mediation does not resolve the dispute within sixty (60) days of initiation, the dispute shall be resolved exclusively by binding arbitration.

Arbitration shall:

  • Be conducted in Galveston County, Texas
  • Be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules
  • Be conducted before a single arbitrator
  • Be final and binding

Judgment on the arbitration award may be entered in any court of competent jurisdiction.

C. Waiver of Jury Trial

TO THE FULLEST EXTENT PERMITTED BY LAW, THE PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE.

D. Waiver of Class Actions

All disputes shall be resolved on an individual basis. You waive any right to participate in a class action, collective action, or representative proceeding.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles.

The exclusive seat and venue of arbitration and mediation shall be Galveston County, Texas.

12. Modification of Terms

Heritage reserves the right to modify these Terms at any time. Updates will be reflected by revising the "Last Updated" date.

Continued use of the Website after modifications constitutes acceptance of the revised Terms.

13. Severability

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

14. SMS Communications

By providing your phone number and opting in, you consent to receive SMS (text) messages from Heritage Factoring related to your account, funding opportunities, transactional updates, and service notifications.

Message frequency may vary. Message and data rates may apply depending on your carrier.

You may opt out at any time by replying STOP. For assistance, reply HELP or contact us directly.

Consent to receive SMS messages is not a condition of any purchase or service.

15. Contact Information

For questions regarding these Terms, contact:

Heritage Factoring

Email: info@heritagefactoring.com

Website: www.heritagefactoring.com