Legal

Terms of Use

Effective [effective date] · Last updated [date]

These Terms of Use govern your access to lyquiditycapital.com (the “Site”) and any application you submit through it. By using the Site or submitting an application, you agree to them. If you do not agree, do not use the Site.

1. 1. What we do, and do not do
2. 2. Eligibility
3. 3. Your application
4. 4. Authorisations you give
5. 5. No offer, no guarantee
6. 6. Third-party funding providers
7. 7. How we are paid
8. 8. Electronic records and signatures
9. 9. Communications
10. 10. Acceptable use
11. 11. Intellectual property
12. 12. Disclaimers and limitation of liability
13. 13. Disputes, arbitration and class-action waiver
14. 14. General
15. 15. Contact

1. What we do, and do not do

Lyquidity Capital LLC is a broker of merchant cash advances and related commercial financing products. We collect information from businesses seeking capital and present it to third-party funding providers.

We are not a lender, a bank, or a direct funder. All funding decisions, terms, pricing and agreements are made and issued by the funding provider, not by us. A merchant cash advance is the purchase of a portion of your future receivables at a discount; it is not a loan, and no annual percentage rate or interest rate applies to it.

Figures shown anywhere on this Site, including any example offer, are illustrative only and do not constitute an offer of financing. Statements about speed, such as “same day,” describe the fastest timelines we have observed and are not guaranteed.

2. Eligibility

The Site and our services are offered to businesses only and are not available for personal, family or household purposes. To submit an application you must be at least 18 years old, an owner or authorised representative of the business, and legally able to enter into a binding agreement on its behalf. Availability of products varies by state and by industry.

3. Your application

You agree that all information and documents you submit are true, accurate and complete, that you have the right to provide them, and that the bank statements you upload are genuine and unaltered. Submitting false or altered information may constitute fraud.

You are responsible for the accuracy of the contact details you give us; we and funding providers will rely on them.

4. Authorisations you give

By submitting an application you authorise Lyquidity Capital and its funding partners to:

• obtain consumer and business credit reports about the business and its owners;
• verify the information you supplied, including with banks, trade references and third-party data sources; and
• share your application, the documents you uploaded and the signed application document with funding providers for the purpose of underwriting it.

Applying through this Site involves a soft credit inquiry, which does not affect your credit score. A funding provider may require further verification, which could include a hard inquiry, before final approval.

5. No offer, no guarantee

Submitting an application does not create any obligation on us or on any funding provider, and does not guarantee that you will receive an offer or funding. Amounts, costs, terms and timing depend entirely on a funding provider's underwriting of your business, including its revenue, time in business and industry, and vary by state. Any binding terms are those stated in the final agreement you sign with the funding provider.

6. Third-party funding providers

Funding providers are independent third parties. We do not control them and are not responsible for their acts, omissions, underwriting decisions, pricing, servicing, collection practices or privacy practices. Your agreement for any advance is between you and that provider. Any dispute arising from an advance is between you and that provider.

7. How we are paid

Lyquidity Capital is compensated by funding providers upon completed transactions. This compensation does not increase your cost. Because we are paid by providers, we may have a financial interest in which provider funds your transaction. We do not charge you an application fee, and there is no fee to you until you are funded.

8. Electronic records and signatures

You consent to receive records and disclosures electronically and to sign the application electronically. You agree that your electronic signature has the same effect as a handwritten one, and that we may record the date, time and IP address at which it was made as evidence of it. To use the Site you need a current browser, a working email address and the ability to view and retain PDF files. You may withdraw consent to electronic records by contacting us, but we cannot process an application without it.

9. Communications

By providing your phone number you agree that we and the funding providers we submit to may contact you about your application by phone, email and text message, including by automated or prerecorded means. Consent to receive marketing messages is not a condition of obtaining funding. Message and data rates may apply. Reply STOP to opt out of texts. See our Privacy Policy for details.

10. Acceptable use

You agree not to: submit an application on behalf of a business you are not authorised to represent; upload malicious code or content you have no right to provide; attempt to gain unauthorised access to the Site or its systems; scrape, probe or overload the Site; or use it for any unlawful purpose. We may refuse or withdraw access at any time.

11. Intellectual property

The Site, its content, design and the Lyquidity Capital name and marks are owned by Lyquidity Capital LLC or its licensors and are protected by intellectual property laws. You may not copy, modify or redistribute them without permission. You retain ownership of the information and documents you submit, and grant us a licence to use them for the purposes described in these Terms and the Privacy Policy.

12. Disclaimers and limitation of liability

THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We do not warrant that the Site will be uninterrupted or error-free, or that any application will result in an offer.

Nothing on the Site is legal, tax, accounting or financial advice. Consult your own advisers before entering into any financing.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LYQUIDITY CAPITAL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA OR GOODWILL, ARISING FROM OR RELATING TO THE SITE OR THESE TERMS. OUR TOTAL LIABILITY FOR ALL CLAIMS WILL NOT EXCEED [cap amount — counsel]. Some jurisdictions do not allow these limitations, so they may not apply to you.

You agree to indemnify and hold harmless Lyquidity Capital and its officers, employees and agents from claims arising out of your breach of these Terms or your misuse of the Site.

13. Disputes, arbitration and class-action waiver

Please read this section carefully. It affects how disputes between you and us are resolved, and it limits your right to go to court or to participate in a class action.

Any dispute arising out of or relating to these Terms or the Site will be resolved by binding individual arbitration administered by [arbitration body] under its commercial rules, seated in [city, state]. Judgment on the award may be entered in any court of competent jurisdiction.

You and Lyquidity Capital each waive the right to a jury trial and to participate in a class, collective or representative action. Either party may bring an individual claim in small claims court instead, if it qualifies. [Opt-out window and mechanism — counsel]

This section does not apply to any dispute you may have with a funding provider; that relationship is governed by your agreement with it.

Note for review: arbitration clauses and class-action waivers are restricted or unenforceable in some jurisdictions and in some commercial-financing contexts. This clause must be reviewed before it is relied on.

14. General

Governing law. These Terms are governed by the laws of [state], without regard to its conflict-of-laws rules.

Changes. We may update these Terms. Changes take effect when posted, and the “Last updated” date will change. Continued use of the Site after that is acceptance.

Severability. If any provision is held unenforceable, the rest remains in effect.

No waiver. Our failure to enforce a provision is not a waiver of it.

Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Site.

15. Contact

Lyquidity Capital LLC
[street address]
[city, state, ZIP]
[legal@ email address]
[phone number]