Terms of Use

1. Acceptance of these terms

These Terms of Use are a binding agreement between you and BidMyCapital ("BidMyCapital", "BMC", "we", "us" or "our"). They apply to bidmycapital.com, quiz.bidmycapital.com, and every other page, application form and service we operate.

By accessing the site, submitting a financing request, or communicating with us, you accept these terms, our Privacy Policy and our Consent and Communication Terms, which are incorporated here by reference. If you do not accept them, do not use the site.

If you are using the site on behalf of a business, you represent that you are authorised to bind that business, and "you" means both you and that business.

2. What BidMyCapital is — and is not

What we actually do:

• We collect the information you choose to submit about your business and your financing needs.
• We use that information to identify independent financing providers in our network whose stated criteria your request appears to fit.
• With your consent, we transmit your request to a selected subset of those providers — never more than 50 for any single submission — so that they may contact you and decide whether to make you an offer.
• We are paid by those providers when we do so. See section 5.

The current list of companies that may receive a financing request is at Participating Financing Providers.

3. No guarantee of approval, rates or financing

• We do not guarantee that you will be approved for any financing, or that any provider will contact you or make you an offer.
• We do not guarantee any rate, amount, term, fee, factor rate, advance rate or repayment schedule. Any figures shown on this site — including ranges, examples, illustrations, funding times or "as low as" rates — are illustrative only, reflect the best case for the strongest applicants, and are not an offer, a pre-approval, a commitment to lend, or a representation of what you will receive.
• We do not guarantee speed. Timeframes described on the site are estimates and depend entirely on the provider and on your documentation.
• We do not review the whole market. We work with a limited set of providers and do not compare all financing products available to you. Offers you receive through us may not be the best terms available anywhere.
• Nothing on this site is financial, legal, tax or accounting advice. We do not act as your adviser or fiduciary and owe you no duty to recommend the most suitable or cheapest product. Obtain independent professional advice before entering into any financing.

4. Financing providers make their own decisions

Every financing provider in our network is an independently owned and operated third party. Providers are not our agents, employees, partners, subsidiaries or affiliates, and we are not theirs, notwithstanding the informal use of the word "partner" anywhere on this site.

• Each provider makes its own underwriting, pricing, approval and declination decisions under its own criteria, which may change at any time without notice.
• Each provider may pull a business or personal credit report, request bank statements or other documents, and impose its own conditions, personal guarantees, security interests, UCC filings and fees.
• Any agreement you enter into is solely between you and that provider. BidMyCapital is not a party to it, has no obligations under it, and receives no rights under it.
• Once your information reaches a provider, that provider's own privacy policy and communication practices govern. We do not control how they use, retain or disclose your information, how often they contact you, or what they offer you.
• We do not endorse any provider and we make no representation about any provider's licensing, solvency, service quality, pricing or conduct. Inclusion in our network is not a recommendation. You are responsible for your own due diligence.
• Disputes about an offer, an agreement, a disbursement, a collection or a provider's conduct must be raised with that provider, not with us.

5. How we are compensated

We are paid by financing providers, not by you. We do not charge applicants a fee to submit a financing request or to be matched.

We may receive a fee when we transmit your request to a provider, when a provider qualifies or contacts you, or when a financing transaction funds. Fees may be fixed per request or a percentage of the amount funded, and they differ between providers. This creates a financial incentive that may influence which providers receive your request and the order in which they appear. You should compare any offer you receive against other options before accepting it.

If any person contacts you claiming to be from BidMyCapital and asks you to pay an advance fee, application fee or deposit in order to secure funding, do not pay it — report it to legal@bidmycapital.com.

6. Eligibility and your obligations

• You must be at least 18 years old, located in the United States, and seeking financing for business or commercial purposes only. We do not arrange consumer, personal, family or household credit.
• You must provide information that is true, accurate, current and complete, and update it if it changes. Submitting false or misleading information, or applying on behalf of a business you do not control, may be fraud.
• You must only submit a telephone number and email address that belong to you or that you are authorised to provide. You must not submit another person's contact details.
• You are responsible for reviewing any provider's documents and terms before signing them.

7. Website use rules

You must not:

• Use the site for any unlawful, fraudulent or deceptive purpose, or to submit any request you do not genuinely intend.
• Scrape, crawl, harvest, index, mirror or bulk-download any part of the site or the provider directory, or use automated means to submit forms.
• Resell, sublicense or commercially exploit the provider directory or any other content of the site.
• Attempt to gain unauthorised access to any part of the site or its systems, probe or test for vulnerabilities, or circumvent any security or rate-limiting measure.
• Introduce malware, or take any action that imposes an unreasonable load on our infrastructure.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Reverse engineer, decompile or disassemble any part of the site, except to the extent that restriction is prohibited by law.

We may suspend or terminate your access at any time, with or without notice, if we reasonably believe you have breached these terms.

8. Electronic signatures and records

By using this site you consent, under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN) and applicable state Uniform Electronic Transactions Acts, to transact with us electronically. Specifically:

• Clicking a button such as "Submit", "Continue", "Get My Offers" or "I Agree", or checking a consent box, constitutes your electronic signature. It has the same legal force and effect as a handwritten signature.
• You agree that we may provide these terms, our Privacy Policy, consent disclosures, notices and other records to you electronically, by posting them on the site or sending them to the email address you gave us, and that this satisfies any requirement that such records be in writing.
• We keep electronic records of your submissions, including the date, time, IP address, page URL and the exact disclosure text displayed to you. You agree that those records are admissible evidence of your agreement and of the consent you gave.
• Hardware and software you need: a current web browser with cookies and JavaScript enabled, an active email account, and the ability to view, download, print or save PDF and HTML documents.
• Withdrawing consent to electronic records: you may withdraw it by emailing legal@bidmycapital.com. If you do, we may be unable to continue providing the service to you. You may also request a paper copy of any record we provided electronically, free of charge, at the same address.
• Keeping your details current: tell us promptly if your email address changes, using the same address.

9. Intellectual property and third-party content

The site, its design, text, graphics, logos and software are owned by BidMyCapital or its licensors and are protected by copyright, trademark and other laws. We grant you a limited, revocable, non-exclusive, non-transferable licence to view and use the site for your own business's internal purposes. All other rights are reserved.

Third-party names, logos and marks appearing on this site — including in the Participating Financing Providers directory — are the property of their respective owners. Their appearance identifies the company and does not imply any endorsement, sponsorship or affiliation.

We may link to third-party websites. We do not control them, do not endorse them, and are not responsible for their content, accuracy, security or privacy practices. Visiting them is at your own risk and governed by their terms.

If you send us feedback, ideas or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use them without restriction or compensation.

10. Disclaimers and limitation of liability

THE SITE AND THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. To the fullest extent permitted by law, we disclaim all warranties, express, implied or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranty arising from course of dealing or usage of trade. We do not warrant that the site will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that any information on it is accurate, complete or current.

We are not responsible for the acts or omissions of financing providers, including their offers, pricing, disclosures, underwriting, servicing, collection practices, data handling, or the manner or frequency of their communications with you.

TO THE FULLEST EXTENT PERMITTED BY LAW, BIDMYCAPITAL AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SITE OR THE SERVICE, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SITE OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) ONE HUNDRED US DOLLARS (US$100).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. Where that is the case, the exclusions and limitations above apply only to the extent permitted, and nothing in these terms limits liability for fraud, wilful misconduct, or any liability that cannot lawfully be limited.

Indemnity. You agree to indemnify and hold harmless BidMyCapital and its officers, directors, employees and agents from any claim, loss, liability, damage, cost or expense (including reasonable legal fees) arising out of your use of the site, your breach of these terms, information you submitted that was false or that you were not authorised to submit, or your dealings with any financing provider.

11. Dispute resolution and arbitration

Informal resolution first

Before starting any formal proceeding, you agree to contact us at legal@bidmycapital.com with a written description of the dispute and the relief you want, and to give us 60 days to resolve it informally. The same applies to us before we bring a claim against you.

Binding individual arbitration

If the dispute is not resolved, you and BidMyCapital agree that any dispute arising out of or relating to these terms, the site or the service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator. The arbitration will take place in Massachusetts, or by video or telephone at your election. The arbitrator's award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this section.

Class action and jury trial waiver

YOU AND BIDMYCAPITAL EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION. Claims may be brought only in an individual capacity. The arbitrator may not consolidate claims or preside over any form of representative proceeding. If this waiver is held unenforceable as to a particular claim or remedy, that claim or remedy will be severed and heard in court, and the remainder will stay in arbitration.

Exceptions

• Either party may bring an individual claim in small-claims court if it qualifies.
• Either party may seek injunctive relief in court to protect intellectual property or to stop unauthorised access to the site.

30-day opt-out

Time limit

Any claim must be brought within one year after it arises, or it is permanently barred, unless applicable law prohibits a shorter limitation period.

12. Governing law

These terms and any dispute arising from them are governed by the laws of the Commonwealth of Massachusetts and the federal laws of the United States, without regard to conflict-of-laws principles. Subject to the arbitration agreement in section 11, you and BidMyCapital submit to the exclusive jurisdiction of the state and federal courts located in the Commonwealth of Massachusetts.

We make no representation that the site or the service is appropriate or available for use outside the United States. If you access it from elsewhere, you do so on your own initiative and are responsible for compliance with local law.

13. General terms

• Changes. We may update these terms. The "Last updated" date and version number at the top will change. Material changes will be given more prominent notice. Continuing to use the site after changes take effect means you accept them. If you do not accept them, stop using the site.
• Entire agreement. These terms, together with the Privacy Policy and the Consent and Communication Terms, are the entire agreement between you and us on this subject and supersede any prior understanding.
• Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary or severed, and the rest remains in force.
• No waiver. Our failure to enforce any provision is not a waiver of it.
• Assignment. You may not assign these terms. We may assign them in connection with a merger, acquisition or sale of assets.
• Force majeure. Neither party is liable for a failure to perform caused by events beyond its reasonable control.
• Survival. Sections 5, 9, 10, 11, 12 and 13 survive termination.
• No third-party beneficiaries. Financing providers are not third-party beneficiaries of these terms.

14. Contact information