Terms & Conditions

These Terms & Conditions ("Terms") govern your use of ARKBizConsulting.com and any forms, information, materials, or features made available through this website.

By accessing or using this website, you agree to these Terms. If you do not agree with these Terms, please do not use this website.

ARK BUSINESS CONSULTING ("ARK," "we," "us," or "our") provides business consulting and advisory services, including services related to:

• PACA consulting and claims-related business matters
• Merchant Cash Advance ("MCA") restructuring and advisory
• Business funding and working capital solutions
• Capital solutions
• Debt and financial restructuring consultation
• Produce industry business consulting
• General business and financial advisory services

ARK works with business owners and commercial enterprises to evaluate business challenges, identify potential solutions, and, where appropriate, assist in communicating with third-party lenders, funders, financial service providers, creditors, attorneys, consultants, or other professionals.

Unless expressly stated otherwise in writing in connection with a specific transaction, ARK BUSINESS CONSULTING is not a bank, lender, or direct funding source and does not itself make credit or funding decisions.

Where ARK assists a client in seeking business financing, funding may be offered or provided by independent third-party lenders, funders, financial institutions, or financing providers.

Those third parties determine:

• Eligibility
• Approval or denial
• Funding amount
• Rates
• Fees
• Repayment terms
• Collateral requirements
• Personal guaranty requirements
• Underwriting requirements
• Funding timelines
• All other financing terms and conditions

Nothing on this website constitutes a commitment to lend, a guarantee of funding, or a promise that financing will be available on any particular terms.

ARK's funding and capital-related services are intended for business and commercial purposes.

This website is not intended to solicit or provide personal, family, or household consumer loans.

By submitting a business inquiry through this website, you represent that:

• You are at least 18 years old;
• The inquiry relates to a business or commercial purpose;
• You are authorized to provide information concerning the business identified in your inquiry; and
• The information you submit is accurate to the best of your knowledge.

The information provided on ARKBizConsulting.com is for general informational and business educational purposes only.

Website content should not be interpreted as:

• A loan approval
• An offer or commitment to provide financing
• A binding financing proposal
• A commitment to restructure an MCA or other obligation
• A guarantee of settlement or reduction of debt
• A guarantee of a PACA claim result
• Legal advice
• Tax advice
• Accounting advice
• Investment advice
• A substitute for advice from a licensed attorney, CPA, tax professional, financial adviser, or other qualified professional

Every business situation is different. You should obtain appropriate professional advice before making significant legal, financial, tax, or business decisions.

ARK BUSINESS CONSULTING does not guarantee any specific result.

Past outcomes, examples, case studies, estimated savings, funding ranges, timelines, testimonials, or descriptions of prior transactions do not guarantee similar results for any other client.

Outcomes may depend on factors outside ARK's control, including:

• Client financial condition
• Revenue and cash flow
• Credit history
• Existing debt obligations
• Lender or funder underwriting requirements
• Creditor cooperation
• Contract terms
• Legal rights and remedies
• Market conditions
• Availability of capital
• Regulatory requirements
• Accuracy and completeness of information provided
• Decisions made by third-party lenders, funders, creditors, attorneys, courts, government agencies, or other parties

Any estimates or examples appearing on this website are illustrative only unless expressly stated otherwise in a written agreement.

ARK may provide consulting and business advisory support concerning matters involving the Perishable Agricultural Commodities Act ("PACA") and the produce industry.

ARK BUSINESS CONSULTING is not a law firm, and its business consulting services do not constitute legal representation unless legal services are separately provided by an appropriately licensed attorney under a separate agreement.

PACA rights, claims, trust rights, licensing requirements, payment obligations, enforcement procedures, and deadlines can involve complex legal and regulatory issues.

Clients should consult qualified legal counsel when legal advice, representation, claim enforcement, litigation, or interpretation of legal rights is required.

Nothing on this website guarantees that a PACA claim, trust claim, collection matter, licensing matter, or other dispute will be successful.

ARK may assist businesses in evaluating Merchant Cash Advance obligations and potential restructuring options.

Depending on the engagement, services may include:

• Reviewing existing MCA obligations
• Evaluating business cash-flow pressures
• Assisting with restructuring strategy
• Coordinating communications with funders or other parties
• Evaluating alternative business funding options
• Referring clients to appropriate legal, accounting, or financial professionals where necessary

ARK does not guarantee that an MCA provider, creditor, or funder will agree to modify, restructure, settle, defer, reduce, or otherwise change an existing contractual obligation.

Any modification or settlement is subject to the agreement of the parties involved and, where applicable, legal review.

ARK may assist businesses in identifying or pursuing potential sources of business capital.

Submitting an inquiry or application through ARK does not guarantee:

• Approval
• Any minimum funding amount
• Any particular interest rate or factor rate
• Any repayment term
• Same-day or immediate funding
• Refinancing
• Improved credit
• Reduction of existing debt
• Availability of a particular financing product

Any financing offer is subject to the applicable funding provider's underwriting standards, documentation requirements, approval process, and final terms.

You are responsible for reviewing all financing agreements carefully before signing them.

Submitting a contact form, requesting a consultation, sending an email, calling ARK, or otherwise contacting us does not automatically create a consulting relationship.

An engagement begins only when ARK and the client agree to the applicable services and, when required, execute a separate written consulting or engagement agreement.

ARK may accept or decline an inquiry or engagement for any lawful reason.

You agree to provide accurate, complete, current, and truthful information.

ARK and third-party professionals or funding sources may rely on information you provide when evaluating potential services, restructuring options, financing, claims, or business strategies.

You agree not to:

• Submit false or misleading financial information;
• Misrepresent business revenues, debts, ownership, or financial condition;
• Submit documents that have been altered or falsified;
• Provide information about another business without authorization; or
• Misrepresent your authority to act on behalf of a company.

ARK may suspend or terminate services if materially inaccurate, misleading, fraudulent, or incomplete information is discovered.

Specific consulting services may be governed by a separate written proposal, engagement letter, consulting agreement, service agreement, or other contract.

That agreement may establish:

• Scope of services
• Professional fees
• Retainers
• Consulting fees
• Success-based compensation, where lawful and applicable
• Payment schedules
• Client responsibilities
• Termination rights
• Confidentiality obligations
• Dispute provisions
• Other engagement-specific terms

Website content does not constitute a binding quote unless expressly identified as such.

If these website Terms conflict with a separately executed agreement between ARK and a client, the executed agreement will control with respect to that engagement.

ARK may introduce, refer, communicate with, or coordinate with independent third parties, including:

• Banks
• Commercial lenders
• Alternative funders
• MCA providers
• Financing companies
• Attorneys
• CPAs
• Accountants
• Consultants
• Insurance professionals
• Financial service providers
• Other business professionals

These parties are independent from ARK unless expressly stated otherwise.

ARK does not control their underwriting, professional advice, business decisions, pricing, contracts, performance, or services.

You are responsible for independently evaluating any third-party provider and reviewing its agreements before proceeding.

ARK may refer clients to attorneys, accountants, tax professionals, financial advisers, insurance professionals, lenders, funders, or other service providers.

A referral does not constitute a guarantee, endorsement, or warranty of the professional's services or results.

The client remains responsible for deciding whether to retain or do business with any third party.

ARK treats client and inquiry information in accordance with its business practices, applicable agreements, and our Privacy Policy.

Certain information may need to be shared with appropriate lenders, funders, creditors, professional advisers, service providers, or other parties in connection with services requested by the client.

Please review our Privacy Policy for additional information regarding how information may be collected, used, retained, and disclosed.

ARKBizConsulting.com may contain links to websites or services operated by third parties.

These may include lenders, government agencies, financial institutions, scheduling services, professional firms, educational resources, or other external websites.

ARK does not control third-party websites and is not responsible for their:

• Content
• Accuracy
• Availability
• Security
• Privacy practices
• Terms and conditions
• Products or services

Accessing a third-party website is at your own discretion.

Unless otherwise indicated, the website design, text, graphics, logos, branding, images, documents, and other content appearing on ARKBizConsulting.com are owned by, licensed to, or used with permission by ARK BUSINESS CONSULTING.

You may view and print reasonable portions of the website for your own legitimate business use.

You may not, without prior written permission:

• Copy substantial portions of the website;
• Republish website content;
• Sell or commercially distribute website materials;
• Modify or create unauthorized derivative works;
• Use ARK trademarks, branding, or logos;
• Scrape or systematically extract website content; or
• Use website content to misrepresent an affiliation with ARK.

You agree not to use this website to:

• Violate any law or regulation;
• Submit fraudulent or misleading information;
• Attempt unauthorized access to the website or related systems;
• Introduce malware, viruses, malicious code, or harmful technology;
• Interfere with website operation or security;
• Scrape, crawl, or overload the website through unauthorized automated systems;
• Impersonate another person or company;
• Collect information about other users without authorization; or
• Use the website for fraudulent, abusive, defamatory, or unlawful purposes.

We attempt to maintain accurate and useful website information, but we do not guarantee that ARKBizConsulting.com will always be available, uninterrupted, secure, or error-free.

We may change, suspend, restrict, or discontinue any part of the website without prior notice.

This website and its content are provided "as is" and "as available."

To the fullest extent permitted by applicable law, ARK BUSINESS CONSULTING disclaims warranties of any kind, whether express, implied, statutory, or otherwise, including warranties relating to:

• Accuracy
• Completeness
• Availability
• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Financial results
• Funding availability
• Business performance

ARK does not warrant that information on this website will always be complete, current, or applicable to every business situation.

To the fullest extent permitted by applicable law, ARK BUSINESS CONSULTING and its owners, officers, employees, agents, consultants, and representatives will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages arising from or related to your use of this website.

This includes, without limitation, claims involving:

• Lost profits
• Lost business opportunities
• Lost financing
• Failure to obtain financing
• Loss of data
• Business interruption
• Losses resulting from third-party financing decisions
• Actions taken in reliance on general website information

Any liability relating to services performed under a separate consulting or engagement agreement will be governed by the terms of that agreement.

Some jurisdictions may not permit certain limitations of liability, in which case these limitations apply only to the maximum extent permitted by law.

To the fullest extent permitted by law, you agree to indemnify and hold harmless ARK BUSINESS CONSULTING and its owners, officers, employees, agents, and representatives from claims, damages, liabilities, losses, and reasonable expenses arising out of:

• Your violation of these Terms;
• Your unlawful use of this website;
• False, fraudulent, or unauthorized information submitted by you;
• Your infringement of another party's rights; or
• Your misuse of information obtained through this website.

These Terms will be governed by the laws of the State of New Jersey, without regard to conflict-of-law principles, unless a separate written agreement provides otherwise.

Subject to any dispute-resolution provisions contained in a separate written agreement, disputes arising solely from use of this website will be subject to the jurisdiction of the applicable state and federal courts located in New Jersey.

ARK BUSINESS CONSULTING may update these Terms periodically to reflect changes in our website, services, business practices, or applicable requirements.

The current version will be posted on this page with an updated "Last Updated" date.

Your continued use of the website after revised Terms are posted constitutes acceptance of the revised Terms.

Questions regarding these Terms & Conditions may be directed to:

ARK BUSINESS CONSULTING · Website: ARKBizConsulting.com · Email: ArkBizConsulting@gmail.com · Phone: (201) 486-8822 · Address: 460 Bergen Blvd., Suite 110, Palisades Park, NJ 07650