Terms of use

1. Agreement

These Terms of Use ("Terms") are an agreement between you and Capital Ally ("Capital Ally", "we", "us"). By using https://www.capitalally.net (the "Site"), submitting an eligibility check or application, or asking us to introduce you to lenders, you agree to these Terms and to our Privacy Policy and SMS Terms. If you do not agree, do not use the Site or our services.

You represent that you are at least 18 years old, that you are using the Site on behalf of a business, and that you are authorised to provide the business's information and to act for it.

2. What Capital Ally is, and is not

• We are a referral partner, not a lender. Capital Allyintroduces businesses to third-party lenders and financing providers and helps you understand the options they offer. We do not make loans, issue credit, hold funds, negotiate terms on a lender's behalf or make credit decisions. Any financing is provided by the lender under the lender's own agreement with you. In some cases, where a state requires a broker licence or registration for the introduction being made, we will tell you and the introduction will be made through a licensed party.
• Commercial purpose only. Our services are for financing used primarily for business or commercial purposes, not for personal, family or household purposes.
• No guarantee of funding. Submitting an eligibility check or application is a request for us to seek financing options; it is not an application for credit with any specific lender and does not guarantee an offer, an amount, a rate, a term or a funding date.
• Information is general. Amounts, terms, rates, timelines and qualification criteria on the Site are typical ranges for each type of financing, provided for orientation. They are not commitments and may fall outside those ranges. Nothing on the Site is legal, tax, accounting or investment advice.

3. Your information and authorisation

You agree that the information and documents you give us are accurate and complete and that you will tell us promptly if anything changes. You authorise us to share your information and documents with lenders and financing providers we select for your request, to verify the information with third parties, and to obtain reports about you and your business where a lender requires them. A lender may obtain a consumer credit report on the business owner(s); a hard inquiry occurs only when you proceed with a specific lender and that lender requests it.

4. Communications

By providing your contact details and giving the consent shown on our forms, you agree to be contacted by Capital Ally and by the lenders we match you with by phone, text message and email, including through automated means, as described in the Privacy Policy and SMS Terms. Consent is not a condition of purchase and you may withdraw it at any time. We may record calls where the law permits, with notice.

5. Fees and compensation

There is no fee to check eligibility or to receive options from us. Capital Ally may receive a referral fee or other compensation from a lender or financing provider when financing closes as a result of our introduction. Where the law requires it, that compensation will be disclosed to you in writing before you sign a financing agreement, including under state commercial financing disclosure laws where they apply. We do not charge you a fee unless you agree to one in a separate written agreement.

6. Permitted use of the Site

You agree not to:

• submit false, misleading or fraudulent information, or information about someone else without authority;
• use the Site for consumer credit, or for any purpose that is unlawful or prohibited by these Terms;
• scrape, crawl, copy, reverse-engineer or interfere with the Site or its security;
• use our name, logo or content without written permission.

The Site and its content, including text, design, logos and photographs, are owned by or licensed to Capital Ally and protected by intellectual-property laws. You may view and print pages for your own business use in evaluating our services.

7. Third-party lenders and sites

Your relationship with any lender is governed by that lender's agreements and policies. We are not responsible for a lender's decisions, terms, service or handling of your information. Links to third-party sites are provided for convenience and do not imply endorsement.

8. Disclaimers

THE SITE AND OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, CAPITAL ALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTY THAT FINANCING WILL BE AVAILABLE ON ANY PARTICULAR TERMS OR AT ALL.

9. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CAPITAL ALLY AND ITS OWNERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE OR OPPORTUNITY, ARISING FROM YOUR USE OF THE SITE OR OUR SERVICES OR FROM ANY FINANCING OR FAILURE TO OBTAIN FINANCING, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE GREATER OF THE FEES YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM OR ONE HUNDRED DOLLARS. Some jurisdictions do not allow certain limitations, so some of these may not apply to you.

10. Indemnity

You will indemnify and hold harmless Capital Ally from claims, losses and expenses (including reasonable legal fees) arising from information you provide, your breach of these Terms, or your use of the Site or our services.

11. Governing law and disputes

These Terms are governed by the laws of the State of Georgia, without regard to conflict-of-law rules. Any dispute arising from these Terms, the Site or our services will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, except that either party may bring an individual claim in small-claims court or seek injunctive relief for misuse of intellectual property. YOU AND CAPITAL ALLY WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. You may opt out of this arbitration clause by emailing [email protected] within 30 days of first accepting these Terms.

12. State-specific notices

• California.Introductions to financing in California are made only to lenders and, where a licence is required for the activity, through parties licensed under the California Financing Law. The lender or provider delivers the disclosures required by California's commercial financing disclosure regulations where they apply.
• New York, Utah, Virginia, Georgia, Florida, Connecticut, Kansas and other states with commercial financing disclosure or broker registration laws: where our activity in a state falls within a registration or licensing requirement we comply with it or make the introduction through a registered party, and the lender or provider delivers the required disclosures before you sign.

13. General

These Terms, the Privacy Policy and the SMS Terms are the entire agreement between you and Capital Allyabout the Site and our referral services, and replace any earlier version. Any written referral or fee agreement you sign with us controls over these Terms to the extent they conflict. If any provision is unenforceable the rest remains in effect. We may update these Terms by posting a new version with a new "last updated" date; continued use after that date is acceptance. You may not assign these Terms; we may assign them to a successor.

14. Contact

Questions about these Terms: [email protected].