Terms & Conditions

Last Updated: March 23, 2026

These Terms and Conditions ("Terms") govern your access to and use of the Pesnik Marketing LLC website and services. By accessing or using our website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.

1. Acceptance of Terms

By accessing our website at pesnikmarketing.com or submitting a funding application, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. We reserve the right to modify these Terms at any time. Your continued use of our services after changes are posted constitutes acceptance of the revised Terms.

2. Services Provided

Pesnik Marketing LLC is a direct lender providing business funding solutions including, but not limited to:

• Working capital loans
• Revenue-based financing
• Equipment financing
• Business expansion funding
• Inventory financing
• Commercial real estate loans

All funding is subject to application approval, underwriting evaluation, and compliance with our lending criteria.

3. Application and Approval Process

3.1 Application Submission

By submitting a funding application, you represent and warrant that:

• All information provided is accurate, complete, and current
• You have the authority to apply for funding on behalf of your business
• You will promptly provide any additional documentation requested
• Your business is legally authorized to operate in your jurisdiction

3.2 No Guarantee of Approval

Submission of an application does not guarantee approval or constitute an offer to lend. All applications are subject to underwriting review, credit evaluation, and verification of provided information. We reserve the right to approve, deny, or request additional information for any application at our sole discretion.

3.3 Preliminary Offers

Any preliminary funding offers communicated before final underwriting are non-binding estimates. Final terms, rates, and approval are determined upon completion of full underwriting review and execution of formal loan documentation.

4. SMS Terms & Conditions

5. Website Use and Restrictions

5.1 Permitted Use

You may use our website for lawful purposes related to learning about our services, submitting funding applications, and communicating with our team.

5.2 Prohibited Activities

You agree not to:

• Submit false, misleading, or fraudulent information
• Attempt to gain unauthorized access to our systems or data
• Interfere with the operation or security of our website
• Use automated systems to access our website without permission
• Copy, reproduce, or distribute our content without authorization
• Impersonate another person or entity

6. Intellectual Property

All content on this website, including text, graphics, logos, images, and software, is the property of Pesnik Marketing LLC or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, or distribute any content without our express written permission.

7. Disclaimer of Warranties

Our website and services are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that:

• Our website will be uninterrupted, secure, or error-free
• Information on our website is accurate or complete
• Any defects will be corrected
• Our servers are free of viruses or harmful components

8. Limitation of Liability

To the maximum extent permitted by law, Pesnik Marketing LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our website or services, including but not limited to:

• Loss of profits or revenue
• Loss of data or business opportunities
• Costs of obtaining substitute services
• Errors or interruptions in service

Our total liability for any claims related to our services shall not exceed the amount of fees you paid to us, if any.

9. Indemnification

You agree to indemnify, defend, and hold harmless Pesnik Marketing LLC, its officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your violation of these Terms
• Your use of our website or services
• Your violation of any law or regulation
• Information or content you submit to us

10. Third-Party Links

Our website may contain links to third-party websites or services that are not owned or controlled by Pesnik Marketing LLC. We are not responsible for the content, privacy policies, or practices of third-party sites. We encourage you to review the terms and privacy policies of any third-party sites you visit.

11. Governing Law and Dispute Resolution

11.1 Governing Law

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

11.2 Dispute Resolution

Any disputes arising from these Terms or your use of our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. Arbitration shall be conducted in Cook County, Illinois.

11.3 Class Action Waiver

You agree to bring claims against us only in your individual capacity and not as a plaintiff or class member in any class or representative action.

12. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the intent of the original provision.

13. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Pesnik Marketing LLC regarding your use of our website and services, superseding any prior agreements or understandings.

14. Contact Information

If you have questions about these Terms, please contact us:

Pesnik Marketing LLC
1333 Burr Ridge
Willowbrook, IL 60527
Email: nikola@pesnikmarketing.com

By using our website and services, you acknowledge that you have read and understood these Terms and agree to be bound by them.