Terms of Service

Please read these terms carefully before engaging our services.

This Terms of Service covers the following topics:

  1. Agreement to Terms
  2. Services Provided
  3. Eligibility
  4. No Guarantee of Results
  5. Fees and Payment
  6. Client Obligations
  7. Confidentiality and Authorization
  8. Intellectual Property
  9. Disclaimers
  10. Limitation of Liability
  11. Indemnification
  12. Termination of Services
  13. Governing Law and Dispute Resolution
  14. Amendments
  15. Entire Agreement
  16. How to Contact Us

These Terms of Service ("Terms") govern your use of the website located at lightningadvance.com and all services provided by Lightning Advance LLC ("Company," "we," "us," or "our"), a brand of Marcos Cruz Adviser LLC. By accessing our website, submitting an inquiry, or engaging any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

1. Agreement to Terms

By accessing this website or using any of our services, you affirm that you are at least 18 years of age, have the legal authority to enter into a binding agreement, and agree to comply with and be bound by these Terms. If you are using our services on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.

If you do not agree to these Terms in their entirety, you must immediately cease use of our website and services.

2. Services Provided

Lightning Advance LLC provides business advisory and financial consulting services to U.S.-based business owners. Our services may include, but are not limited to:

Important: Lightning Advance LLC acts as an independent advisor and ISO (Independent Sales Organization) broker. We are not a lender, bank, credit union, or direct funding source. All credit decisions are made by third-party lenders and funding partners. We are not a credit repair organization as defined under the federal Credit Repair Organizations Act (CROA) unless a separate CROA-compliant service agreement has been executed between the parties.

3. Eligibility

Our services are available exclusively to U.S.-based businesses and their authorized representatives. To be considered for funding facilitation, your business generally must meet minimum requirements set by our lending partners, which may include:

Meeting these criteria does not guarantee approval for any funding product. Final eligibility determinations are made solely by our lending and funding partners.

4. No Guarantee of Results

All services are provided on a commercially reasonable, best-efforts basis. We expressly disclaim any guarantee regarding the outcome of any service, including but not limited to:

Results vary based on each client's individual financial circumstances, lender underwriting criteria, market conditions, and other factors outside our control.

5. Fees and Payment

Advisory and Consulting Fees

Fees for our consulting and advisory services are outlined in the individual service agreement signed between the parties prior to commencement of services. Fees may be structured on a flat-rate, percentage-of-funding, retainer, or performance basis as described in your specific agreement.

Brokerage Fees

When we facilitate a funding transaction on your behalf, we may receive a commission or referral fee paid directly by the lender or funding partner. This compensation does not increase the cost of your funding and is disclosed in accordance with applicable law.

Payment Terms

All fees are due and payable according to the schedule specified in your service agreement. Accepted payment methods include wire transfer, Zelle, and ACH bank transfer as specified in your agreement. Failure to remit payment by the due date may result in suspension of services and legal action to recover amounts owed, including reasonable attorney fees and collection costs.

Refund Policy

All fees paid are non-refundable unless expressly stated otherwise in writing in your executed service agreement. Dissatisfaction with the outcome of services that were performed as agreed does not entitle a client to a refund.

6. Client Obligations

By engaging our services, you agree to:

Warning: Providing false, misleading, or fraudulent information to us or to any lender or funding partner is grounds for immediate termination of services without refund. Such conduct may also constitute fraud and expose you to civil and criminal liability under applicable federal and state law.

7. Confidentiality and Authorization

We treat all client information as strictly confidential. We will not share your personal or business financial information with third parties except as necessary to facilitate the services you have engaged us to provide, or as required by applicable law or legal process.

By engaging our services, you expressly authorize Lightning Advance LLC to:

This authorization remains in effect for the duration of the active engagement unless revoked by you in writing.

8. Intellectual Property

All content on this website — including text, graphics, logos, images, and software — is the exclusive property of Lightning Advance LLC or its licensors and is protected by applicable copyright, trademark, and intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content on this site without our express written consent.

The "Lightning Advance" name and logo are trademarks of Marcos Cruz Adviser LLC. Unauthorized use is strictly prohibited.

9. Disclaimers

This website and all services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that the website will be uninterrupted, error-free, or free of viruses or other harmful components. We make no representations regarding the accuracy or completeness of any information on this site. Any reliance you place on information provided through our website or services is strictly at your own risk.

10. Limitation of Liability

To the fullest extent permitted by applicable law, Lightning Advance LLC and Marcos Cruz Adviser LLC, including their officers, members, employees, and agents, shall not be liable for:

In all cases, our total aggregate liability for any claim arising out of or related to these Terms or our services shall not exceed the total fees paid by you in the three (3) calendar months immediately preceding the event giving rise to the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Lightning Advance LLC, Marcos Cruz Adviser LLC, and their respective affiliates, officers, members, employees, and agents from and against any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney fees) arising out of or related to:

12. Termination of Services

Either party may terminate the service engagement upon written notice. We reserve the right to immediately suspend or terminate services, without prior notice and without refund, in the event of:

Upon termination for any reason, all outstanding fees become immediately due and payable. Termination does not affect any rights or obligations that accrued prior to the effective date of termination.

13. Governing Law and Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.

Informal Resolution

Before initiating any formal dispute, the parties agree to attempt to resolve any dispute informally by contacting us at the information provided below. We will make good-faith efforts to resolve the dispute within 30 days of receiving written notice.

Binding Arbitration

If informal resolution is unsuccessful, any dispute, controversy, or claim arising out of or relating to these Terms or our services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Westchester County, New York. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between you and us individually. You waive any right to participate in a class action lawsuit or class-wide arbitration.

14. Amendments

We reserve the right to modify these Terms at any time at our sole discretion. When we make material changes, we will update the "Last Updated" date at the top of this page and, where appropriate, provide additional notice to active clients via email. Your continued use of our website or services following the posting of updated Terms constitutes your acceptance of the changes.

15. Entire Agreement

These Terms of Service, together with our Privacy Policy and any individually executed service agreement between the parties, constitute the entire agreement between you and Lightning Advance LLC. They supersede all prior and contemporaneous negotiations, representations, warranties, and agreements, whether written or oral.

If any provision of these Terms is found to be unenforceable or invalid, that provision will be modified to the minimum extent necessary to make it enforceable, and all other provisions will remain in full force and effect.

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16. How to Contact Us

For questions or concerns about these Terms, please contact us:

Lightning Advance LLC
A brand of Marcos Cruz Adviser LLC

Email: info@lightningadvance.com

Phone: (929) 458-1456

New York, NY