1. Acceptance of Terms
These Terms of Use (“Terms”) govern your access to and use of clearchoicecap.org and any related pages, forms, and communications (the “Site”) provided by Clear Choice Cap (“Clear Choice Cap,” “we,” “us,” or “our”). By using the Site or submitting an application or inquiry, you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use the Site.
2. Our Role
Clear Choice Cap helps businesses explore and obtain merchant cash advances and other commercial funding products. Depending on the program, funding may be provided by Clear Choice Cap or by one or more third-party funding partners. Clear Choice Cap is not a bank and does not accept deposits. Using the Site does not create an advisory, fiduciary, or agency relationship, and we do not provide legal, tax, or accounting advice. You should consult your own advisors before entering into any agreement.
Where a third-party funding partner is involved, that partner makes its own underwriting decisions and sets its own terms, and Clear Choice Cap may receive compensation from that partner in connection with funding it provides.
3. Commercial Use Only
All products discussed on the Site are offered exclusively to businesses for commercial purposes. They are not available for personal, family, or household purposes. By applying, you represent that any funds you receive will be used solely for business purposes and that you are at least 18 years old and authorized to act on behalf of the business.
4. Merchant Cash Advances Are Not Loans
A merchant cash advance is not a loan. It is the purchase, at a discount, of a specified portion of a business’s future receivables. The business receives a purchase price up front and delivers the purchased receivables over time through an agreed percentage of sales or periodic remittances. The cost is expressed as a factor rate rather than an interest rate, and the total amount to be delivered is stated in the agreement.
Because it is a purchase of receivables, an MCA generally has no fixed term or interest rate, and the cost of an MCA may be higher than that of traditional bank financing. Agreements may include a reconciliation or adjustment process if receivables decline. Any personal guarantee typically guarantees the business’s performance of its obligations, not repayment of a debt. The specific rights and obligations of each party are governed solely by the written agreement you sign.
5. Subject to Underwriting and Approval
Submitting an application does not guarantee approval, funding, or any particular amount, rate, or term. All funding is subject to underwriting review, verification of information, and approval by Clear Choice Cap or a funding partner, and to execution of a written agreement. We and our partners may decline any request for any lawful reason. Statements on the Site about typical amounts, decision times, or funding speed describe common experiences and are not guarantees.
6. Estimates and Calculator
The funding calculator, sample offer summaries, and any amounts, ranges, factor rates, payback figures, or timeframes on the Site are estimates provided for general illustration only. They rely on simplified assumptions and the limited information you enter, and they are not an offer, approval, pre-approval, or commitment to fund. Actual offers, if any, depend on full underwriting and will be stated only in a written agreement.
7. State Disclosure Requirements
Certain states, including California, New York, Utah, Virginia, Georgia, and Florida, among others, have laws governing commercial financing disclosures or registration. Where applicable, you will receive the disclosures required by your state before you sign an agreement. Please review those disclosures and the agreement carefully, and ask questions before accepting any offer.
8. Accuracy of Information; Authorization
You agree that all information you provide is true, accurate, and complete, and that you will promptly update it if it changes. Providing false or misleading information may result in denial of a request or termination of an agreement and may violate the law. You authorize Clear Choice Cap and its funding partners to verify the information you provide, to contact your bank and other third parties for that purpose, and to obtain credit and background reports as described in our Privacy Policy.
9. Communications Consent
By providing your phone number and email address, you consent to receive calls, text messages, and emails from Clear Choice Cap and its funding partners about your request and related services, including through automated means where permitted by law. Consent is not a condition of funding. Message and data rates may apply. Reply STOP to opt out of texts at any time. You also agree that we may provide disclosures and documents to you electronically.
10. Third-Party Services
The Site may include links to, or embedded tools from, third parties such as form providers, document-signing services, and analytics tools. Those services are governed by their own terms and privacy policies. We do not control and are not responsible for third-party content, services, or practices.
11. Intellectual Property
The Site and its content, including text, graphics, logos, and design, are owned by or licensed to Clear Choice Cap and are protected by intellectual property laws. You may view and print pages for your own business evaluation. You may not copy, modify, distribute, or create derivative works from the Site without our prior written permission.
12. Acceptable Use
You agree not to misuse the Site, including by submitting information about a business you are not authorized to represent, impersonating another person, interfering with the Site’s security or operation, introducing malicious code, or using automated means to access or scrape the Site.
13. Disclaimers
The Site and its content are provided “as is” and “as available” for general informational purposes. To the fullest extent permitted by law, Clear Choice Cap disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the Site will be uninterrupted, error-free, or free of harmful components.
14. Limitation of Liability
To the fullest extent permitted by law, Clear Choice Cap and its owners, employees, and partners will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or data, arising out of or related to your use of the Site, even if advised of the possibility of such damages. Nothing in these Terms limits any rights or remedies under a signed funding agreement, which is governed by its own terms.
15. Indemnification
You agree to indemnify and hold harmless Clear Choice Cap and its owners, employees, and partners from any claims, losses, and expenses, including reasonable attorneys’ fees, arising from your violation of these Terms or your submission of inaccurate information.
16. Governing Law
These Terms are governed by the laws of the state in which Clear Choice Cap maintains its principal place of business, without regard to conflict-of-law rules, except where the law of your state requires otherwise. Any funding agreement you sign is governed by the governing-law and dispute-resolution provisions stated in that agreement.
17. Changes to These Terms
We may update these Terms from time to time by posting a revised version on this page and updating the effective date. Your continued use of the Site after changes are posted means you accept the revised Terms.
18. Contact
Questions about these Terms can be sent to:
Clear Choice Cap
Email: info@clearchoicecap.org
Phone: (732) 939-8799
Website: clearchoicecap.org