Terms & Conditions
Please review the information below.
Welcome to the Upscale Capital LLC (“Upscale Capital,” “we,” “us,” or “our”) website. Upscale Capital operates a business financing platform that connects small business owners with third-party lenders and funding providers offering commercial financial products, including but not limited to business loans, merchant cash advances, lines of credit, equipment financing, invoice financing, and other financing solutions (collectively, the “Services”).
Upscale Capital is not a bank, lender, or credit union and does not directly provide loans or other financing. By accessing or using this website (the “Website”), you agree to be bound by these Terms and Conditions of Use (“Terms of Use”). If you do not agree to these Terms of Use, you may not use the Website.
Additional terms and conditions applicable to specific areas of the Website may be posted throughout the Website and are incorporated herein by reference. Upscale Capital reserves the right to update or modify these Terms of Use at any time without prior notice. Your continued use of the Website constitutes acceptance of any changes.
You are encouraged to review these Terms of Use periodically.
1. COPYRIGHT AND TRADEMARK
Unless otherwise noted, all materials on this Website, including but not limited to text, graphics, logos, images, designs, layout, trademarks, service marks, and software, are the property of Upscale Capital LLC or its licensors and are protected by applicable copyright, trademark, trade dress, and other intellectual property laws.
The display of any trademarks or proprietary notices on this Website does not imply that a comprehensive list of all proprietary rights is shown. You may not reproduce, distribute, modify, transmit, display, or otherwise use any content from this Website without the prior written consent of Upscale Capital. All rights not expressly granted are reserved.
2. PRIVACY AND SECURITY
Your use of this Website is subject to our Privacy Policy, which explains how we collect, use, store, and protect your information. The Privacy Policy may be updated from time to time at our discretion. Any changes become effective upon posting to the Website and are incorporated into these Terms of Use by reference.
3. WARRANTY DISCLAIMER & LIMITATION OF LIABILITY
You agree that your use of the Website and Services is at your sole risk. Except as expressly stated otherwise, the Website and all content and services are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Upscale Capital makes no representations or warranties that the Website or Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components, or that any defects will be corrected.
Upscale Capital does not make any representations regarding the availability, suitability, approval, terms, rates, or conditions of any financing product offered by third-party providers. All financing agreements are entered into directly between the business owner and the third-party funding provider.
To the fullest extent permitted by law, Upscale Capital LLC, its members, managers, officers, employees, agents, affiliates, and service providers shall not be liable for any direct, indirect, incidental, special, punitive, or consequential damages, including attorneys’ fees, arising out of or relating to your use of the Website or Services.
If liability cannot be excluded under applicable law, Upscale Capital’s total liability shall not exceed $100.00.
Any cause of action arising out of or related to these Terms of Use or the Website must be commenced within one (1) year after the cause of action accrues, or such claim shall be permanently barred.
4. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Upscale Capital LLC, its affiliates, service providers, partners, and their respective officers, directors, employees, and agents from and against all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to your use of the Website, violation of these Terms of Use, or infringement of any third-party rights.
Upscale Capital reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification.
5. UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Services, you agree not to use the Website for any unlawful or prohibited purpose. You may not:
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Damage, disable, overburden, or impair the Website
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Interfere with any other party’s use of the Website
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Attempt to gain unauthorized access to systems or networks
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Obtain materials or information through means not intentionally made available
6. EXTERNAL LINKS
The Website may contain links to third-party websites for convenience only. The inclusion of any link does not imply endorsement by Upscale Capital. We are not responsible for the content, accuracy, or practices of any third-party websites. Third-party websites may have different terms of use and privacy policies.
7. ROLE OF UPSCALE CAPITAL LLC (NON-BANK DISCLOSURE)
Upscale Capital LLC is not a bank, lender, or credit union and does not directly extend credit. Upscale Capital operates as a business financing marketplace and broker, connecting business owners with third-party lenders and funding providers that may offer various commercial financial products.
All financing decisions, approvals, terms, fees, rates, and funding amounts are determined solely by third-party providers. Submission of information through this Website does not constitute a loan application with Upscale Capital and does not guarantee approval or funding.
Upscale Capital does not provide legal, tax, or financial advice. Business owners are encouraged to consult with their own professional advisors before entering into any financing agreement.
8. AUTHORITY AND REPRESENTATIONS
Use of the Services is void where prohibited. By using the Website, you represent and warrant that:
(a) All information you submit is truthful and accurate
(b) You will maintain the accuracy of such information
(c) You are at least 18 years of age
(d) Your use of the Services complies with applicable laws
(e) You are authorized to act on behalf of the business entity identified
Upscale Capital may terminate access or remove submissions at its sole discretion if these Terms are violated.
You authorize Upscale Capital and its partners to obtain business and personal credit reports and conduct lawful background and verification checks in connection with any financing request. Upscale Capital makes no commitment or guarantee that any submission will result in funding approval.
9. ACCOUNT SECURITY
You are responsible for maintaining the confidentiality of all login credentials and account identifiers. You are fully responsible for all activity occurring under your account.
You agree to notify Upscale Capital immediately of any unauthorized use or suspected security breach and to take reasonable precautions to safeguard your data.
10. ELECTRONIC COMMUNICATIONS
By using this Website or submitting information, you consent to receive communications electronically. All agreements, notices, disclosures, and communications provided electronically satisfy any legal requirement that such communications be in writing.
You may withdraw consent by contacting Upscale Capital in writing; however, doing so may limit your ability to use the Services.
11. TELEPHONE AND SMS COMMUNICATIONS
By providing your contact information, you expressly consent to receive calls and text messages, including automated and prerecorded messages, from Upscale Capital LLC at any number you provide. Message and data rates may apply.
You may opt out of communications at any time by following the instructions provided or contacting us directly.
12. GOVERNING LAW AND FORUM
These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict-of-law principles. Any dispute shall be resolved exclusively in the state or federal courts located in New York.
13. FEEDBACK AND SUBMISSIONS
You are solely responsible for the content of any submissions you provide. You agree not to submit content that is unlawful, defamatory, abusive, obscene, or infringing upon the rights of any third party.
14. FORCE MAJEURE
Upscale Capital shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, labor disputes, power failures, war, terrorism, or governmental actions.
15. CONTACTING UPSCALE CAPITAL LLC
If you have questions regarding these Terms of Use, please contact:
Upscale Capital LLC
Email: info@upscalecapital.com
