Terms and Conditions
Last updated: December 1st, 2016
AGREEMENT BETWEEN USER AND PCFMoney.com/Prime Case Funding, LLC.
The PCFMoney.com website is comprised of various Web pages owned and operated by Prime Case Funding, LLC, and its subsidiaries (together, “Company”). By using this website, you agree to these Terms and Conditions. If you do not agree, you should not use this website. We reserve the right to refuse or terminate access to the website at any time for any reason or for no reason. The term Prime Case Funding, LLC is used a general phrase to include the corporate entity, personnel, affiliates and assignees.
The material published within this website is for informational and advertisement purposes only and is not intended to be legal or financial advice. Transmission of the information is not intended to create, and receipt does not constitute an attorney-client and/or contractual relationship of any kind between any parties whatsoever. Readers, whether or not attorneys, should not act upon this information without seeking professional advice in their state and/or doing independent legal research.
The term “lawsuit” is used on this website solely as a marketing term and is actually not a reference to any civil action brought in a court of law. If you are approved for a cash advance, any monies provided to you are subject to a non-recourse agreement. The contingency aspect is what differentiates lawsuit funding from a traditional loan.
|Conditions of Use|
|THESE TERMS AND CONDITIONS OF USE APPLY TO ALL MATERIALS, ONLINE COMMUNICATIONS AND OTHER INFORMATION AND MATERIALS THAT ARE OR BECOME AVAILABLE ON OR THROUGH THE WEBSITE (COLLECTIVELY, THE “MATERIAL”). PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING THE WEBSITE YOU SPECIFICALLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS OF USE AND YOU SPECIFICALLY AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO EACH OF THE PROVISIONS CONTAINED HEREIN. THESE TERMS AND CONDITIONS MAY BE REVISED AT ANY TIME BY UPDATING THIS POSTING. YOU ARE BOUND BY ANY SUCH REVISIONS AND SHOULD THEREFORE PERIODICALLY VISIT THIS PAGE TO REVIEW THE THEN CURRENT TERMS AND CONDITIONS TO WHICH YOU ARE BOUND.|
|THESE TERMS AND CONDITIONS OF USE FORM A LEGALLY BINDING AGREEMENT. IF YOU DO NOT AGREE TO ANY OR ALL OF THE PROVISIONS FOUND IN THESE TERMS AND CONDITIONS OF USE, PLEASE IMMEDIATELY EXIT THE WEBSITE. WE RESERVE THE RIGHT TO TERMINATE YOUR USE OF OR ACCESS TO THE WEBSITE OR YOUR ACCOUNT AT ANY TIME FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, IF WE LEARN THAT YOU HAVE VIOLATED THESE TERMS AND CONDITIONS OF USE.|
|Disclaimer of Warranties|
|YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE MATERIAL PROVIDED ON THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE WEBSITE, ANY USE OF THE WEBSITE AND ANY WEBSITE TO WHICH THE WEBSITE IS LINKED. COMPANY DOES NOT WARRANT THAT THE MATERIAL ON THE WEBSITE IS COMPLETE OR ACCURATE, THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS WEBSITE OR SERVER OR ANY MATERIAL ON THIS WEBSITE IS FREE OF DISABLING DEVICES (AS HEREINAFTER DEFINED). COMPANY DOES NOT WARRANT THE SERVICES OF THE VENDORS WHO LIST THEMSELVES ON THE COMPANY DATABASE OR THE USERS WHO MAY CONTACT SUCH VENDORS.|
|YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SERVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.|
|Limitations on Authority|
|WHILE COMPANY USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE WEBSITE, ERRORS OR OMISSIONS SOMETIMES OCCUR.|
|YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL COMPANY, OR ITS OFFICERS, EMPLOYEES, DIRECTORS, MANAGERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THIS WEBSITE, OR THE MATERIAL, INCLUDING WITHOUT LIMITATION, USE OF OR RELIANCE ON THE MATERIAL, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETION OF FILES, DISABLING DEVICES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.|
|YOU (AND NOT COMPANY OR ITS PARENTS OR AFFILIATES) SOLELY ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION RELATED TO ANY DAMAGE, HARM, INJURY OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THE WEBSITE AND/OR ITS CONTENTS.|
General Information Pertaining to Litigation Funding through this Website
You must be age 18 or older in order to apply for funding. Applying for funding either through this website, by telephone or otherwise, is not a guarantee of funding nor does it constitute an offer of funding. In order to apply, your case must fit our basic criteria for cases and you must be represented by an attorney. Cases must first be submitted along with the necessary case documentation for evaluation by the underwriting department in order to determine whether an offer for funding can be extended. Clients/cases approved for funding may be approved for amounts substantially below requested amounts. Cases are evaluated on multiple factors including but not limited to: liability, damages, venue, developmental stage and insurance coverage. An approved application which involves higher risk investment factors are typically funded at higher usage rates. Attorney funding requests are evaluated on additional factors which may include the firm’s financials and credit worthiness as well as the attorney’s standing with the local bar association. Some approvals posted on this site may be a combination of plaintiff and attorney advances on the same case/action. Any approval amounts posted on this site are not a guarantee of future approval amounts. All rates and fees published on this website are for informational purposes only and constitute average rates and fees. Actual rates and fees may vary, and are subject to change at any time without notice.
Please note, the following fees may be assessed on the majority of fundings: monthly usage fees (which vary from case to case), an underwriting fee, and an origination fee of up to 20% of the funding amount may apply to your case. These fees are costs incurred by Prime Case Funding, LLC are not paid upfront or out of your pocket, they are included in the funding agreement to be reimbursed to Prime Case Funding, LLC, upon repayment. If you lose your case, you owe nothing back. All costs and fees incurred by Prime Case Funding, LLC that are subject to reimbursement are detailed in the funding agreement.
The length of time it takes to underwrite cases published on this website is for informational purposes only and constitutes the average time it takes to underwrite completely submitted cases. A case is completely submitted only after the required documents & information have been received by PCF. Actual times may vary according to multiple factors including: case complexity, volumes of cases, information received and whether the underwriter is able to reach your attorney by phone, etc. PCF reserves the right to extend the duration of the review time in order to properly evaluate a file.
Prime Case Funding LLC, when possible, will advance a sum of monies to the Plaintiff (the “Cash Advance”) to assist Plaintiff with payment of his necessary living and/or medical expenses. PCF will pay the Cash Advance to the plaintiff by the delivery method selected by the plaintiff at the time of execution of the funding agreement. These may include bank to bank transfer, pre-paid Prime Case Funding, LLC debit card, delivery of a check made payable to the Plaintiff, at Plaintiff’s address or, at Plaintiff’s option, at the office of Plaintiff’s attorney (“Counsel”) and in some instances Plaintiff may come to our NY office location to receive a check or debit card. Cash advance transactions will not at any time nor for any reason be completed using paper currency.
The minimum repayment shall include the monthly usage fee for the first repayment interval as indicated on the funding agreement. The monthly usage fee will commence on the date of the Agreement and will continue to accrue until the last day of the Interval during which the Cash Advance, the Application Fee, the Origination Fee and the applicable usage fee (collectively, the “Amounts Due”) are paid in full to Prime Case Funding LLC. The Amounts Due will not be less than the total of the Cash Advance, Application Fee, the Origination Fee and the monthly usage fee, as assessed from the date of the funding agreement to the date of repayment.
Plaintiff is obligated to pay the Amounts Due only if and when a final resolution or settlement of the Claim results in a cash recovery to the Plaintiff. If a final resolution or settlement of the Claim does not result in a cash recovery to the Plaintiff, the Plaintiff shall have no obligation to Prime Case Funding LLC. Plaintiff acknowledges that the funds advanced by Prime Case Funding are an investment and not a loan.
PLAINTIFF MAY CANCEL THE AGREEMENT WITHOUT PENALTY OR FURTHER OBLIGATION WITHIN FIVE (5) BUSINESS DAYS FROM THE DATE PLAINTIFF RECEIVES THE CASH ADVANCE FROM THE COMPANY. In order for the cancellation to be effective, Plaintiff must either: (i) return the full Cash Advance by delivering the uncashed check, inactivated PCF debit card, a cashier’s or certified check, or money order to Prime Case Funding’s office in person, within five (5) business days of the disbursement of Cash Advance, or (ii) mail a notice of cancellation along with a return of the full amount of Cash Advance (in the form of PCF’s original uncashed check, inactivated PCF debit card, a cashier’s or certified check, or money order), by insured, certified United States mail, or by express courier service postmarked within five (5) business days of receiving the Cash Advance to the following address Prime Case Funding – 11 Broadway, suite 1000, New York, NY 10004.
IMPORTANT: If Prime Case Funding, LLC enters into a contract for a Cash Advance with you, the terms of the specific contract supersede any conflicting terms herein.
Indemnification: You hereby indemnify and hold harmless and defend PCF, its managing members, employees, and agents for any losses, damages costs, expenses (including legal fees) or liabilities arising out of or relating to: (i) this agreement; (ii) your use of this website; and (iii) libelous, slanderous, indecent, or other statement concerning any person made or republished by you.
Brokers/Reps/Agents: PCF reserves the right to use brokers, independent representatives and agents to market its products and the right to broker, outsource, fund or co-fund through other sources as it sees fit.
Ownership and Copyright of this Website: The content, organization, graphics, design, compilation, database, and other matters related to this website are owned by PCF and are protected by intellectual property laws and international intellectual property treaties. The copying, redistribution, use or publication by you of any matter or part of the website, is strictly prohibited. Prime Case Funding LLC, Prime Case Funding, PCF, PrimeCaseFunding.com, pcfmoney.net and associated logos are protected trademarks of Prime Case Funding, LLC. All rights reserved.
Links to Third Party Websites: The websites linked to this website may not be under the control of PCF, and PCF does not assume any responsibility for the accuracy or reliability of any information, data, opinion, or advice given on these websites. PCF does not endorse nor sponsor any links provided.
Modifications to These Terms & Conditions: The Terms and Conditions may be modified from time to time by PCF without notice to you. Please check these Terms and Conditions periodically for changes.
Jurisdiction/Venue/Prevailing Party: The Terms and Conditions and any disputes arising hereunder will be governed by and will be interpreted in accordance with New York State law. Any legal action or claim brought or asserted under this agreement must be filed in New York in New York County and the parties to this agreement consent to the jurisdiction of the courts in this county. If legal proceedings are required to enforce any provision herein, the prevailing party shall be entitled to an award of reasonable and necessary expenses of litigation, including reasonable attorneys’ fees and costs.
Non-Waiver: No failure or delay in exercising or enforcing any right or remedy hereunder by PCF shall constitute a waiver of any other right or remedy, or future exercise thereof. If any provision in this agreement is held to be invalid, such provision shall be deemed to be deleted from this agreement and the remaining provisions of this agreement shall continue in full force and effect.
Questions: If you have any questions about these Terms and Conditions, please contact:
Prime Case Funding
11 Broadway, Suite 1000
New York, NY 10004
PLEASE PRINT AND RETAIN A COPY OF THESE TERMS FOR YOUR RECORDS.