FlexFund Program Terms and Conditions
Last Updated: May 7, 2026
Guardian Small Business Consulting and Financial Services, LLC (“Guardian Inspection Payments” or “Guardian”), an affiliate of Inspection Support LLC (“Inspection Support Network” or “ISN”), offers Inspectors the ability to participate in a financing program under which Guardian Inspection Payments purchases, at a discount, an Inspector’s right to receive payment from a Customer who has been permitted to defer payment for Inspection Services until closing (“FlexFund” or the “FlexFund Program”).
By enabling FlexFund, or having FlexFund enabled on your behalf, you agree that your use of the FlexFund Program is governed by these Terms and Conditions (these “Terms”) and Guardian’s Privacy Policy. Capitalized terms not defined herein have the meaning given those terms in the ISN Terms of Service.
1. INTRODUCTION
As used in these Terms, “we”, “us”, or “our” refers to Guardian Inspection Payments. Unless otherwise indicated, “you” and “your” refers to the individual or entity that is accepting these Terms and participating in the FlexFund Program. By accepting these Terms or otherwise participating in the FlexFund Program, you acknowledge and agree to comply with these Terms, including your consent to electronics communications, as provided in the E-SIGN Disclosure.
We may update these Terms from time to time by posting an updated version. Any modifications to these Terms will be effective thirty (30) days from the date they are posted. If you do not agree to the updated Terms, you must stop participating in the FlexFund Program before the modifications become effective. Your continued participation in the FlexFund Program, including submission of Invoices for purchase, after the effective date of any modifications shall constitute your acceptance of such modified Terms.
2. DEFINITIONS
“Customer” means an individual, natural person to whom you provide Inspection Services in connection with a purchase of residential real property.
“Designated Account” means the deposit account you designate for the receipt of Purchase Price payments and the payment of any amounts you owe to us under these Terms.
“Discount Rate” means a percentage of the Service Cost that will be communicated to you upon your receiving approval to participate in the FlexFund Program.
“Guardian Parties” means Guardian Inspection Payments and its affiliated companies, and their respective officers, directors, employees, contractors, shareholders, agents, representatives, licensors, licensees and suppliers.
“Inspection Services” means the residential real property home inspection services you provide to a Customer.
“Inspector” means an individual or entity that provides Inspection Services and participates in the FlexFund Program.
“Invoice” means each invoice generated through ISN and executed by a Customer in which you permit the Customer to defer payment for Inspection Services until closing.
“Purchase Price” means, with regard to each Invoice submitted to us for purchase, the Service Cost less the Discount Rate.
“Service Cost” means the cost of Inspection Services payable by a Customer as evidenced in an Invoice.
3. COMPLIANCE
3.1 General. You agree to comply with all laws applicable to your participation in the FlexFund Program, including but not limited to any federal or state prohibition on deceptive, abusive, or unfair acts and practices applicable to your marketing, offer, and sale of Inspection Services through an Invoice. If you conduct the sale of Inspection Services at any location other than your place of business, you will comply with all laws applicable to home inspections.
3.2 Fees. Guardian Inspection Payments provides the FlexFund Program as a tool for your use. You are solely responsible for determining whether and how you may charge any additional fees to Customers in connection with the FlexFund Program, including compliance with all applicable federal and state laws, credit card network rules, and any other requirements governing such fees, including but not limited to: (a) providing any required advance notice to card networks; (b) ensuring that any fee is applied only to the payment types for which it is permitted; (c) ensuring that any fee does not exceed the maximum permitted by applicable law or card network rules; and (d) clearly disclosing any fee to Customers at checkout and on any receipt or invoice. Guardian takes no position on whether any particular fee is permissible in any jurisdiction and does not provide legal advice. You should consult with legal counsel before imposing any fee on a Customer in connection with the FlexFund Program. You shall indemnify, defend, and hold harmless the Guardian Parties from any damages, liabilities, judgments, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to (i) your imposition of any fee in connection with the FlexFund Program or (ii) any claim alleging your failure to comply with applicable laws, regulations, or card network guidelines in connection therewith.
4. INVOICE PURCHASE
4.1 General. We agree to purchase and take assignment of each Invoice that meets the requirements under Section 4.2 within five (5) days of the Customer executing the Invoice through ISN by depositing the Purchase Price in your Designated Account. Only Invoices you generate through ISN are eligible for purchase. On the date we pay you the Purchase Price for an Invoice, you hereby sell, assign, and transfer all right, title, and interest in, to, and under such Invoice to us and we shall become, for all purposes, the owner of such Invoice. You will provide any further information or documentation that may be needed to finalize such purchase and sale promptly upon our request. Notwithstanding the forgoing, we reserve the right to decline to purchase any submitted Invoice in our sole discretion, including if we determine the Invoice does not meet the requirements of Section 4.2. We may choose to aggregate payments for the purchase of multiple submitted Invoices in our sole discretion.
4.2 Invoice Requirements. As of the date of our purchase of any Invoice, you represent, warrant, and covenant that:
a. You are in compliance with these Terms;
b. You have complied with all applicable federal and state laws in the marketing, offer, and execution of such Invoice;
c. Such Invoice accurately reflects the terms and conditions of your sale of Inspection Services to the Customer and all information contained in the Invoice is true and accurate to the best of your knowledge;
d. The Invoice represents a valid, binding, and enforceable agreement with the Customer; and
e. You are the sole legal, beneficial, and equitable owner of such Invoice and have good and marketable title thereto and have not sold, assigned, or otherwise transferred any right or interest in or to such Invoice to any third party or pledged such Invoice as collateral for any debt or other purpose.
4.3 Purchase Cap. We may establish limits on the amount of Invoices we purchase from you in a given period, including by capping the aggregate Purchase Price of Invoices we purchase or the total dollar amount of any single Invoice.
4.4 Re-Purchase. If we determine that any of the representations, warranties, or covenants in Section 4.2 was inaccurate or untrue as of the date of our purchase of the Invoice, you agree you shall repurchase such Invoice by paying us the Purchase Price. We shall be entitled to debit any amounts you owe for repurchased Invoices from your Designated Account upon providing notice to you.
4.5 Non-Recourse. You shall not be liable to us in the event a purchased Invoice is not paid by the Customer when due, provided that this section shall not limit your obligations under Section 4.4 or your liability arising from fraud, misrepresentation, or your breach of these Terms.
5. PAYMENT AUTHORIZATION
5.1 ACH Authorization. You authorize us to initiate automated clearinghouse (“ACH”) debit or credit entries to your Designated Account to (a) deposit the Purchase Price for each Invoice we purchase from you; and (b) debit any amounts you owe use under these Terms. You shall provide no less than fourteen (14) days’ notice prior to a change in any information related to your Designated Account. You may revoke this authorization by writing to [email protected] with no less than fourteen (14) days’ notice. You acknowledge and agree an effective authorization under this Section 5.1 is a requirement of the FlexFund Program and we will terminate your participation immediately should you choose to revoke your authorization.
5.2 Set Off. You acknowledge and agree that Guardian Inspection Payments has the right to set off amounts Guardian owes to you for the Purchase Price of submitted Invoices against any amounts you owe to Guardian under these Terms.
5.3 Return of Funds. In the event that a Customer, or a party on behalf of Customer, pays the Service Cost to you pursuant to an Invoice which we have purchased from you, you agree you owe us those funds and you agree to forward that payment to us immediately upon receipt. If we choose, we may set off those funds in accordance with Section 5.2.
6. TERMINATION
We may terminate your ability to participate in the FlexFund Program at any time, with or without cause, and effective immediately.
7. Warranty; Disclaimer
The FlexFund Program is provided on an “as is” basis. To the fullest extent permitted by law, the Guardian Parties make no warranty of any kind, express, implied, statutory or otherwise, with regard to the FlexFund Program, including but not limited to, warranties of merchantability, fitness for a particular purpose, noninfringement, or any warranty that the FlexFund Program and any materials provided by Guardian Inspection Payments, are free from defects.
8. Limitation of Liability; Indemnification
8.1 Limitation of Liability. To the fullest extent permitted by law, the Guardian Parties shall not be liable under these Terms for any (a) indirect, special, incidental, consequential, exemplary, or punitive damages; or (b) cost of cover or lost business, revenues, or profits (in each case whether direct or indirect), even if the Guardian Parties knew or should have known that such damages were possible. To the fullest extent permitted by law, the Guardian Parties’ aggregate liability for any and all claims arising out of or in connection with these Terms will not exceed $100.00.
8.2 Indemnification. You agree to indemnify, defend, and hold harmless the Guardian Parties from and against any claims, losses, actions, proceedings, regulatory investigations, judgments, settlements, costs and expenses (including reasonable attorneys’ fees) arising from your participation in the FlexFund Program, including but not limited to (a) your violation of applicable laws; (b) your breach of these Terms; (c) any claim or dispute brought by a Customer; or (d) your negligence, intentional misconduct, or fraud.
9. Dispute Resolution
9.1 Disputes. Any dispute or claim arising out of or relating in any way to these Terms, or your participation in the FlexFund Program, including the validity, applicability or interpretation of these Terms (any of these, a “Dispute“) shall be brought in the state or federal courts of competent jurisdiction located in King County, Washington. Notwithstanding the foregoing, Guardian Inspection Payments reserves the right to pursue collections actions or enforcement of its rights under these Terms in any court of competent jurisdiction.
9.2 Class Action Waiver. Any Dispute will be conducted only on an individual basis and not in a class, consolidated or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action. Your continued participation in the FlexFund Program constitutes your explicit consent to this waiver.
9.3 Governing Law. You agree that these Terms and any Dispute will be governed solely by United States federal law and Washington state law, without regard to any conflict of law provisions.
9.4 Venue. We each waive any right to a jury trial and agree that any Dispute shall be brought only in courts of competent jurisdiction located in King County, Washington. You hereby submit to the personal jurisdiction and venue of such courts and waive any objection on the grounds of venue, forum non conveniens or any similar grounds with respect to any such proceeding.
9.5 Expenses. If we take any legal action against you as a result of your violation of these Terms, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to us.
10. GENERAL TERMS
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain fully enforceable. No waiver of any provision shall be treated as any further or continuing waiver of such provision or any other provision, and our inaction or lack of assertion of any right or provision does not constitute a waiver of such right or provision. Your rights under these Terms are not assignable or transferable except with our prior written consent. We may freely assign our rights under these Terms. The parties are independent contractors and no agency, partnership, joint venture, or employment is created as a result of these Terms. These Terms constitute the entire agreement between us and you concerning the FlexFund Program. All provisions of these Terms that by their nature reasonably should survive termination shall so survive.