Terms of Use
The terms that govern your use of tmkfinancial.net, your funding application, and the calls and text messages you agree to receive from TMK Financial Services.
1. Agreement to these terms
These Terms of Use are a binding agreement between you and TMK Financial Services LLC, d/b/a TMK Financial Services (“TMK,” “we,” “us,” “our”). By using tmkfinancial.net, submitting an application, or contacting us, you accept them. If you do not accept them, do not use the site.
Our Privacy Policy is part of these terms and explains what we do with your information.
2. What TMK does — and what a merchant cash advance is
TMK arranges merchant cash advances and revenue-based funding from $25,000 to $2,500,000 for businesses.
TMK Financial Services LLC does not lend money, does not advance its own funds, and does not issue offers. We are a funding intermediary. We review and package your file and submit it to a network of independent third-party lenders and funders. Each of them decides independently whether to make an offer and on what terms.
If you accept an offer, your agreement is with that funder, not with TMK, and the funder’s agreement governs the amount, the factor rate, the remittance schedule and everything else. TMK is not a party to it. We are compensated by the funder when a transaction closes; you pay us nothing to apply or to review your options.
It is the purchase of a specified amount of your business’s future receivables at a discount, in exchange for cash now. Cost is expressed as a factor rate, not an interest rate or an APR, and it does not accrue or compound over time. Because it is not a loan, state usury and consumer lending laws generally do not apply to it. There is no fixed monthly payment; you remit an agreed amount or percentage of sales until the purchased amount has been delivered.
Nothing on this site is an offer of financing, and TMK could not make one if it wanted to — only a funder can. Everything shown here — ranges, timelines, factor rates, worked examples, illustrations — is general advertising describing what is available across our funder network. Your actual amount, factor rate, remittance schedule and total are set out in the funder’s written agreement, and only that agreement binds anyone. Submission to our network is not a guarantee of an offer, and funding is always subject to the funder’s underwriting.
3. Business use only, and who may apply
The site and our products are for businesses. By applying you represent that:
- You are at least 18 years old and are authorised to act for the business.
- The business is not located in California. TMK does not accept applications from, and does not offer or broker financing to, businesses located in California. If you apply from California we will decline the application.
- The business is a legal entity or sole proprietorship operating in the United States, and the funding is for business purposes only, not personal, family or household purposes.
- The information you give us is true and complete, and the bank statements and documents you provide are genuine and unaltered.
- You consent to the reviews described in section 4.
4. Your application — what you authorise
When you submit an application or ask us to check your options, you authorise TMK and its funding partners to:
- Obtain a soft credit review, which is not visible to other lenders and does not affect your personal credit score, and a further review if you choose to proceed.
- Verify your business through public records, business data providers and bank data.
- Review the business bank statements you provide, and contact your bank to verify them.
- Submit your application to third-party lenders and funders in order to obtain offers — often to several at once so their offers compete. This is how the service works; see section 6 of the Privacy Policy for the detail and for how to tell us to stop.
There is no fee to apply and no obligation to accept any offer.
5. Calls and text messages — the consent you are giving
Read this section before you give us a phone number. It is the consent that lets us call and text you, and it is written to satisfy the federal Telephone Consumer Protection Act (47 U.S.C. § 227) and the state rules in section 6.
By providing a telephone number on this site, in a chat, or to an advisor, you give TMK Financial Services LLC and the funding partners we present your file to your prior express written consent to contact you at that number — including a wireless number — with calls and text messages about business funding, using an automatic telephone dialling system, an artificial or pre-recorded voice, or an AI voice, whether or not the number is on a federal, state or internal do-not-call list.
Consent is not a condition of any purchase or of receiving funding. You can decline it and still apply — call us at 877-906-2499 instead. Message and data rates may apply. Message frequency varies. You may revoke consent at any time; see section 7.
What the law requires, and how we apply it
- Written consent as the standard. FCC rules describe the required consent for autodialed or pre-recorded marketing calls and texts to wireless numbers as prior express written consent (47 C.F.R. § 64.1200(f)(9)). In 2026 two courts held that the statute itself requires only prior express consent, oral or written — Bradford v. Sovereign Pest Control of TX, Inc. (5th Cir., 25 February 2026) and Bradley v. DentalPlans.com (D. Md., 20 March 2026). Those rulings bind only their own courts, and the law may keep moving. We take and keep consent in writing everywhere, which satisfies the stricter reading.
- Consent covering more than one company. The FCC’s “one-to-one consent” rule was vacated in Insurance Marketing Coalition Ltd. v. FCC, 127 F.4th 303 (11th Cir., 24 January 2025), and formally removed by FCC final rule in September 2025. A single consent may therefore cover TMK and the funding partners we identify, so long as it is clear and unmistakable which companies it covers. We will tell you who they are on request.
- Calling hours. No marketing calls before 8:00 a.m. or after 9:00 p.m. in your local time, and tighter hours where a state requires them.
- Do-not-call. We keep an internal do-not-call list and scrub the National Do Not Call Registry. Ask to be added and you will be, permanently.
6. State-specific terms
Several states regulate calls and texts more tightly than federal law, and give you your own right to sue. If you are in one of these states, the following applies to you in addition to section 5.
California
- Pre-recorded and AI voice calls. Under Public Utilities Code §§ 2871–2876, before any recording plays, a live and unrecorded human voice must identify TMK by name, address and telephone number, state why we are calling, and ask whether you agree to hear the recorded message. Since AB 2905, effective 1 January 2025, that introduction must also disclose the use of an artificial or AI-generated voice. If you do not agree, we end the call.
- Recording. California requires the consent of every party to a call. See section 8.
- Telephone solicitation. Business & Professions Code § 17592 and the national Do Not Call Registry both apply; conduct that breaches them may also be pursued as unfair competition under § 17200.
Colorado
- Colorado No-Call List. C.R.S. § 6-1-904 makes it unlawful to place a telephone solicitation to a residential or wireless subscriber on the Colorado no-call list, and requires solicitors to obtain a refreshed copy of that list within 30 days after the start of each calendar quarter. Blocking or circumventing your caller ID is prohibited.
- Three-day cancellation right. C.R.S. § 6-1-304 gives a purchaser in a telephone sales transaction three business days to cancel, requires any payment to be refunded within 30 days of notice of cancellation, and requires the seller to disclose that right during the call. Where that section applies to a transaction with TMK, you have that right and we will tell you about it on the call.
- Enforcement. Telemarketing violations are deceptive trade practices under the Colorado Consumer Protection Act, carrying civil penalties of up to $20,000 per violation under C.R.S. § 6-1-112 and up to $50,000 where the affected person is elderly, with each consumer or transaction counted separately.
Texas
- Texas mini-TCPA. Business & Commerce Code Chapter 305 mirrors the federal TCPA and gives you a private right of action for $500 per violation, trebled to $1,500 where the violation was knowing or wilful.
- SB 140, effective 1 September 2025. “Telephone solicitation” now expressly covers text and graphic messages and images, and a violation of the Texas telemarketing chapters is a per se violation of the Deceptive Trade Practices Act — which adds actual damages, treble damages for a knowing or intentional violation, mental anguish and attorney’s fees, and does not bar a later recovery for the same conduct.
- Registration. Chapter 302 requires a telephone solicitor to file a Telephone Solicitation Registration Statement with the Texas Secretary of State, post a $10,000 security and pay a $200 fee, unless an exemption applies. In Ecommerce Marketers Alliance, Inc. v. Texas (W.D. Tex., 17 November 2025) the State clarified — and the Secretary of State has confirmed — that a business that texts only with the prior consent of the recipient is not required to register. TMK texts only with prior consent.
- Calling hours. Chapter 304 is stricter than federal law: 9:00 a.m. to 9:00 p.m. Monday to Saturday, and noon to 9:00 p.m. on Sundays. Texas also runs its own no-call list, refreshed quarterly.
Other states — Florida, Oklahoma, Maryland and Washington among them — have their own mini-TCPA statutes, several with private rights of action and some requiring consent standards stricter than federal law. We apply the strictest applicable standard rather than tracking each one down to the line, and we will tell you what applies in your state if you ask.
7. How to revoke consent
You can withdraw consent at any time, by any reasonable means. Under 47 C.F.R. § 64.1200(a)(10), in force since 11 April 2025, replying to a text with STOP, QUIT, END, CANCEL, UNSUBSCRIBE, REVOKE or OPT OUT is automatically a valid revocation. So is telling an advisor on the phone, emailing info@tmkfinancial.net, or writing to us at the address in section 17.
- We honour a revocation within 10 business days, and normally far sooner.
- We may send a single confirmation message. Nothing else follows.
- A revocation given on one channel is applied across all of them. The FCC’s limited waiver of the wider “revoke-all” requirement currently runs to 31 January 2027; we do not rely on it.
- Opting out of marketing does not stop transactional messages about an application already in progress or an advance you hold. Ask and we will close the file.
8. Call recording
We may record or monitor calls for quality, training, verification and compliance, and you will be told at the start of any recorded call.
California. The California Invasion of Privacy Act, Penal Code §§ 630 et seq., requires the consent of all parties; § 632.7 covers calls to and from mobile and cordless phones, and § 637.2 allows a private suit for the greater of $5,000 per violation or three times actual damages. SB 690, which would have created a commercial-purpose exception, passed the Senate but stalled in the Assembly and is not law. If you are in California and do not want to be recorded, say so at the start of the call and we will stop recording or continue without it.
9. Accuracy, illustrations and no guarantee
We try to keep this site accurate and current, but figures, timelines and market information change. Specifically:
- Ranges and timelines are typical, not promised. “As little as 2 hours” and “as little as 24 hours” describe complete files submitted during business hours. Missing statements, a verification hold, a weekend or a bank holiday will add time.
- Worked examples are illustrations. The cost example shown on this site uses a $50,000 advance at a 1.20 factor rate to explain the arithmetic. It is not a quote. Factor rates in this industry commonly run between 1.1 and 1.5, and yours depends on underwriting.
- Third-party news and research summarised on this site is attributed to its source and linked. Naming an organisation does not imply it endorses TMK.
- Client reviews reflect the experience of the individual business owner who gave them and are not a prediction of your outcome.
Commercial financing disclosures required by applicable state law — including New York, Utah, Virginia, Connecticut, Georgia, Kansas, Missouri, Florida and Texas — are provided at the time an offer is made, in the form each state requires. California is not on that list because we do not accept California business.
10. Third-party services on this site
The application form is hosted by a third-party provider and embedded here. Live chat is provided by a third party. Analytics and advertising tools are third-party services. Their handling of your information is governed by their own terms and privacy policies, and we do not control them. Links to other sites are provided for reference and are not endorsements.
11. Acceptable use
You may not use this site to submit false or fraudulent information; impersonate anyone; apply on behalf of a business you are not authorised to represent; scrape, crawl or harvest content or contact details; probe or interfere with the site’s security; introduce malicious code; or use it for any unlawful purpose. We may refuse service, block access, or report conduct to the authorities.
12. Intellectual property
The content, design, graphics, diagrams and code on this site are owned by TMK or its licensors and are protected by copyright and trade mark law. The TMK Financial Services name and logo are our marks. You may view and print pages for your own business use. You may not copy, republish or use them commercially without our written permission. Third-party names and marks referenced on this site belong to their owners.
13. Disclaimers
TMK is not a party to your funding agreement. We do not control a funder’s underwriting, pricing, decisions, servicing or collection practices, and we do not guarantee that any funder will make you an offer or that an offer will be on any particular terms. Read the funder’s agreement before you sign it.
The site is provided “as is” and “as available,” without warranties of any kind, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the site will be uninterrupted, error-free or secure, or that any content is complete or current.
Nothing on this site is legal, tax, accounting or financial advice, and no advisor is acting as your fiduciary. A merchant cash advance costs more than a bank loan you can qualify for and wait three months to receive. Whether it is the right trade for your business is your decision, and we recommend you take your own professional advice before signing anything.
14. Limitation of liability
To the fullest extent permitted by law, TMK and its officers, members, employees and agents will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, data or goodwill, arising out of or relating to your use of this site, whether based in contract, tort, statute or otherwise, even if we were advised such damages were possible.
To the fullest extent permitted by law, our total aggregate liability arising out of or relating to this site or these terms will not exceed one hundred U.S. dollars ($100). This limit does not apply to a written funding agreement, which has its own terms, and nothing here limits liability that cannot be limited by law.
15. Indemnification
You agree to indemnify and hold TMK harmless from any claim, loss, liability or expense, including reasonable attorney’s fees, arising out of your breach of these terms, your misuse of the site, or information you submitted that was false or that you were not authorised to provide.
16. Disputes and governing law
- Governing law — Florida is the natural choice given TMK’s Fort Lauderdale office, but confirm it against the states you actively solicit in.
- Venue and jurisdiction.
- Whether to require binding arbitration, on what rules, who pays, and whether to include a small-claims carve-out and an opt-out window.
- Whether to include a class-action waiver and a jury-trial waiver.
- Any limitation period for bringing a claim.
17. Changes, severability and how to contact us
We may update these terms. The “last updated” date at the top will change, and material changes will be identified as such rather than buried. Continuing to use the site after a change means you accept it. If any provision is held unenforceable, the rest stays in force. Our failure to enforce a provision is not a waiver of it.
TMK Financial Services LLC
300 SW 1st Ave, Suite 155
Fort Lauderdale, FL 33301
877-906-2499 · available 24/7
info@tmkfinancial.net
These terms describe federal and state law as we understand it in August 2026 and are not legal advice. This area moves quickly — the TCPA consent standard, California’s recording exposure and the Texas telemarketing rules all changed within the last eighteen months. See our Privacy Policy for what we do with your information.