1. DEFINITIONS:

“We”, “Us” and “Our” shall mean the obligor of this MCA Protection Plan, MCA GUARD LLC,

“Administrator” shall mean MCA GUARD LLC, . 1-516-388-6627.

“You”, “Your” shall mean the individual or entity who purchased this Protection Plan or the individual or entity to whom this Protection Plan was properly transferred in accordance with these Terms and Conditions.

Protection Plan Price: The price You paid for this Protection Plan.

Coverage Start Date: This is the date when coverage starts under this Protection Plan. The Coverage Start Date is 30 days after enrollment and receipt of applicable contract and fees.

Waiting Period: The amount of time between the Protection Plan purchase date and the Coverage Start Date. If during the Waiting Period a pre-existing condition renders the item ineligible for coverage, We will cancel Your Protection Plan and provide You with a full refund of the Protection Plan Price.

Coverage Term or Term: This is the term of coverage You receive under this Protection Plan, starting on the Coverage Start Date which begins after any Waiting Period.

Covered Product(s) or Product(s): The product(s) or type of product covered by this Protection Plan.

Coverage Amount: Amount of payments covered or negotiated directly with funding company contracting with client/you, exclusive of taxes and fees, and/or a number of claims.

Coverage Type: This defines the level of coverage You purchased

Deductible: The applicable deductible, if any, for claims.

​

1. YOUR RESPONSIBILITIES:

   1. Purchase the a MCA Protection Plan for Your MERCHANT CASH ADVANCE from www.mcaguard.com or call one of our client advisors at 1-516-388-6627. You can also email us with any questions at csr@mcaguard.com .

   2. Retain and provide Us with a complete copy of proof of funding. You can login to your account and upload the documents. If you do not have an account setup and account will be setup for you. Once the setup is complete, login to your account and upload these documents.  Its always best to email us (csr@mcaguard.com) the agreements once you have created a username and password and purchase a policy.

   3. If you feel like your going to fall behind in payments or need advise or to activate your MCA Protection Plan please call us at 1-516-388-6627 9am to 5pm Mon-Fri not including holidays. You can also email us 24/7 at csr@mcaguard.com.

   4. Properly maintain on time payments to all of your funding companies. Act accordingly to the funding companies’ instructions, and their contracted terms and conditions. (If you fall behind in payments or “default” on the advance any and all policies purchased from MCA GUARD LLC are considered NULL and VOID. If We determine that any loss or damage has occurred as a direct result of not performing any of the foregoing, your claim will be denied.).

2. COVERAGES AND TERMS:

This MCA Protection Plan will cover a certain amount of payments to avoid potential “Default” and or negotiate on policy holder’s behalf to either stop payments for a certain amount of time with the funding company or lower payments for a certain amount of time with said funding company. Each policy purchase from MCA GUARD LLC is for one advance only. Example: Merchant has 3 advances; merchant must have 3 policies in place to cover any of the MCA Advances.

1. This Protection Plan provides payment coverage for Your Merchant Cash Advance/s.

• Natural disaster (water, fire, tornado...) (Must have existing Business Insurance to qualify)

• Sudden Death

• Temporary Disabilities 

• Sickness

• Hospitalization

• Family matters (divorce...) 

• UPDATE: Covid-19 (Coronavirus), is now covered.

• Vandalism

 

WHAT TO DO IF A YOU FEEL YOU NEED TO ACTIVATE MCA GUARD LLC PROTECTION PLAN:

A. ALL PROTECTION PLANS:

File a claim online at www.MCAGUARD.com/claim or call Us toll-free at 1-516-388-6627 and explain the problem. We will attempt to troubleshoot the problem You are experiencing. If We cannot resolve the issue, and the claim fits into our guidelines and terms and conditions we will start working on that claim as soon as possible. Depending on the issue, State, we may, at Our discretion, require You to submit pictures of the business to show damage and reason why the company needs to stop payments or for MCA GUARD LLC to make payments for said business.  We also may require you to submit other necessary documentation to process Your claim.

If applicable, we recommend that You back up all of your files including insurance, deeds, invoices and contracts in a safe or in the Cloud.

​

1. LIMIT OF LIABILITY:

If You have Product(s) covered under this Protection Plan, the total amount that We will pay for repairs or replacement made in connection with all claims that You make pursuant to this Protection Plan or the total number of claims made pursuant to this Protection Plan shall not exceed the Coverage Amount. In the event that We make payments for repairs or replacements, which in the aggregate, are equal to the Coverage Amount, or if We provide a cash settlement reflecting the replacement cost of a new item of like kind, quality and functionality or a replacement product of like kind, quality and functionality, then We will have no further obligations under this Protection Plan. WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, PROPERTY DAMAGE, LOST MONEY, LOST TIME OR LOST DATA RESULTING FROM THE FAILURE OF PAYMENTS TO YOUR EXISTING MERCHANT CASH ADVANCES. ALL COVERAGE BEGINS 30 DAYS AFTER ENROLLMENT AND RECEIPT OF APPLICABLE CONTRACT FEES.

​

The coverage provided in this MCA Protection Plan is for the UNITED STATES ONLY.

​

1. TRANSFER OF PROTECTION PLAN:

This Protection Plan may NOT BE TRANSFERRED TO OTHER MERCHANT CASH ADVANCES. IF YOU TOOK OUR ANOTHER MERCHANT CASH ADVANCE PLEASE CALL US FOR A DISCOUNTED RATE: 1-516-388-6627

CANCELLATION:

You may cancel this Protection Plan for any reason at any time. To cancel it, log in to www. mcaguard.com or contact Us toll-free at 1-516-388-6627  9am to 5pm 5 days a week NOT including holidays. If You cancel this Protection Plan within the first 24 hours after purchase of this Protection Plan You will receive a 50% refund of the Protection Plan Price. If You cancel after the first thirty (5) days from purchase of this Protection Plan, You will receive NO COVERAGE and NO REFUND for Your MCA Protection Plan.

We may cancel this Protection Plan at Our option on the basis of nonpayment, fraud, or material misrepresentation by You or for any reason. If We cancel Your Protection Plan within the first 5 days, You will receive a pro rata refund. If We cancel your protection plan after the first 5 days you will receive NO COVERAGE and NO REFUND. Written notice which includes the effective date of cancellation and reason for cancellation, will be e-mailed to You at least thirty (2) days prior to termination. If We cancel this MCA Protection Plan for nonpayment then We will provide notice at time of cancellation.

1. ARBITRATION:

Please read this arbitration provision carefully. It affects Your rights. Most of Your concerns about this Program can be addressed simply by contacting Us at 1-516-388-6627 or Emailing Customer Service at csr@mcaguard.com . In the unlikely event We cannot resolve any disputes, including any claims under the Protection Plan, that You or We may have, YOU AND WE AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF THROUGH COURTS OF GENERAL JURISDICTION. YOU AND WE AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY. YOU AND WE AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN CLASS ARBITRATION AND CLASS ACTIONS. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury. It has more limited discovery than in court and is subject to limited review by courts. Arbitrators can award the same damages and relief that a court can award.

​

This MCA Protection Plan evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this section. This section shall survive the termination of this Protection Plan.

This section is intended to be interpreted broadly, and it includes any dispute: (1) arising out of or relating in any way to this Protection Plan or to the relationship between You and Us, whether based in contract, tort, statute, fraud, misrepresentation or otherwise; (2) that arose before this Protection Plan was entered into by You and Us or that arises after Protection Plan is terminated; and (3) that currently is the subject of a purported class action litigation in which You are not a member of a certified class. Notwithstanding the foregoing, this section does not preclude You from bringing an individual action in small claims court or from informing any federal, state or local agencies or entities of Your dispute. Such agencies or entities may be able to seek relief on Your behalf.

If You or We intend to seek arbitration You and We must first send to the other a written Notice of Claim (“Notice”) by certified mail. Your Notice to Us should be addressed to:

MCA GUARD LLC,. 1250 East Hallandale Beach BLVD, Hallandale FL, 33009. . Attn: Legal Department.

The Notice must describe the dispute and state the specific relief sought. If You and We do not resolve the dispute within thirty (30) days of receipt of the Notice, You or We may initiate an arbitration proceeding with the American Arbitration Association (“AAA”). You can obtain the forms necessary to initiate an arbitration proceeding by visiting www.adr.org or by calling 1-516-388-6627. The arbitration shall be administered by the AAA in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “Arbitration Rules”) in effect at the time the arbitration is initiated and as modified by this section. You can obtain a copy of the Arbitration Rules by visiting www.adr.org or by calling 1-516-388-6627.

​

The arbitrator appointed by the AAA to decide the dispute is bound by the terms of this section. All issues are for the arbitrator to decide, including the scope of this section, with the exception that issues relating to the enforce-ability of this section may be decided by a court. Unless You and We agree otherwise, any arbitration hearings will take place in the county or parish of Your billing address. If Your dispute is for ten thousand dollars ($10,000) or less, You may choose to conduct the arbitration hearings either by submitting documents to the arbitrator or by appearing before the arbitrator in person or by telephone. If Your dispute is for more than ten thousand dollars ($10,000), the right to arbitration hearings will be determined by the Arbitration Rules. We will pay all filing, administration and arbitrator fees for any arbitration initiated pursuant to this section, unless Your dispute is found by the arbitrator to have been frivolous or brought for an improper purpose under Federal Rule of Civil Procedure 11(b). In that case, the payment of such fees shall be governed by the Arbitration Rules.

​

At the conclusion of the arbitration hearings, the arbitrator shall issue a written decision which includes an explanation of the facts and law upon which the decision is based. If the arbitrator finds in Your favor and issues a damages award that is greater than the value of the last settlement offer made by Us or if We made no settlement offer and the arbitrator awards You any damages, We will: (1) pay You the amount of the damages award or seven thousand five hundred dollars ($7,500), whichever is greater; and (2) pay Your attorney, if any, twice the amount of the attorney’s fees and the actual amount of any expenses reasonably incurred when pursuing Your dispute in arbitration. You and We agree not to disclose any settlement offers to the arbitrator until after the arbitrator has issued the written decision. The arbitrator may resolve any disputes regarding attorney’s fees and expenses either during the arbitration hearings or, upon request, within fourteen (14) days of the arbitrator’s written decision. While the right to the attorney’s fees and expenses discussed above is in addition to any right You may have under applicable law, neither You nor Your attorney may recover duplicate awards of attorney’s fees and expenses. Although We may have the right under applicable law to recover attorney’s fees and expenses from You if We prevail in the arbitration, we hereby waive the right to do so.

To the extent either declaratory or injunctive relief is sought in the arbitration, such relief can be awarded only to the extent necessary to provide the relief warranted by a party’s individual claim. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless You and We agree otherwise, the arbitrator may not consolidate the dispute of another person with Your or Our dispute and may not preside over any form of a representative or class proceeding. If this specific provision of this section is found to be unenforceable, then the entirety of this section shall be null and void.

1. GUARANTEE:

This is not an insurance policy. Our obligations under this MCA Protection Plan are guaranteed as such that MCA GUARD LLC., is a service agreement that protects you from missing payments with your existing Merchant Cash Advance Lender. Missed payment may arise from Natural disasters, sickness, sudden death, etc.

1. ENTIRE CONTRACT:

Unless amended by the State Specific Provisions or revised by Us with at least thirty (30) days advance written notice to You, this Protection Plan sets forth the entire contract between the parties and no representation, promise or condition not contained herein shall modify these terms.