Welcome to BizKred. These Terms & Conditions ("Terms") govern your access to and use of the website located at getbizkred.com and any related services (collectively, the "Service") operated by BizKred LLC ("BizKred," "we," "us," or "our"). By accessing the Service, submitting an application, or clicking to accept these Terms, you agree to be bound by them. If you do not agree, do not use the Service.
BizKred LLC is a business financing broker. BizKred is not a lender, bank, funder, or provider of financing. BizKred does not make credit decisions, originate or issue loans, purchase receivables, issue merchant cash advances, fund transactions, or guarantee approval, and BizKred does not guarantee that you will be approved for or receive any financing.
BizKred's role is to collect a single application and related information from you and to transmit it to one or more independent third-party lenders, funders, merchant cash advance ("MCA") providers, or other financing partners (collectively, "Financing Providers") whose programs may fit your business, where permitted by applicable law and BizKred's eligibility policies. Any financing, if offered, is provided solely by a Financing Provider under that Financing Provider's own terms, rates, conditions, disclosures, agreements, and eligibility requirements. BizKred is not a party to, and is not responsible for, any agreement between you and a Financing Provider. BizKred does not guarantee that your application will be matched to any Financing Provider, that you will receive any particular number of matches, or that any financing offered will be suitable for your business. You assume all risk arising from your interactions and any agreement with any Financing Provider to whom you are matched or referred.
The products BizKred may help you access include business-purpose loans and lines of credit, equipment financing, invoice financing, merchant cash advances, purchases of future receivables, and other commercial sales-based financing products, in each case only where permitted by applicable law and BizKred's eligibility policies. Merchant cash advances and other sales-based financing products are not loans; they are described further in Section 3.5.
To use the Service and submit an application, you represent and warrant that: (a) you are at least 18 years of age; (b) you are an owner, officer, or authorized representative of the business identified in the application, with authority to submit it and to make the authorizations in these Terms on behalf of the business and its owners; (c) the business is located and operating in the United States or Puerto Rico; and (d) you are applying for financing for business or commercial purposes only, not personal, family, or household purposes.
By submitting an application through the Service, you make the following authorizations and acknowledgments.
By signing or submitting this application, each of the above-listed business and business owner(s)/officer(s) (individually and collectively, "you") authorize BizKred and its representatives, successors, assigns, and designees ("Recipients") that may be involved with or acquire commercial loans, purchases of future receivables, or other commercial sales-based financing, including Merchant Cash Advance transactions ("Transactions"), to obtain consumer, personal, business, and investigative reports and other information from consumer reporting agencies, banks, creditors, and other third parties. You authorize BizKred to transmit this application and related information for financing evaluation purposes.
You acknowledge and agree that, by submitting this application, you are providing "written instructions" under the federal Fair Credit Reporting Act (FCRA) authorizing BizKred, its service providers, and the Financing Providers evaluating your application to obtain your consumer credit report and related information from one or more consumer reporting agencies, which may include Experian, TransUnion, and Equifax. This authorization remains in effect while your application is being evaluated and for as long as reasonably necessary to facilitate any resulting Transaction. If the application includes more than one owner, each owner authorizes these inquiries as to that owner.
Different Financing Providers use different methods to review applications. Many Financing Providers conduct a "soft" credit inquiry when first reviewing an application, which does not affect your personal credit score. If you choose to accept an offer and proceed toward funding, a Financing Provider may conduct a "hard" credit inquiry, which can affect your personal credit score. The type, timing, and impact of any credit inquiry are determined by each Financing Provider, not by BizKred. By submitting an application, you authorize these inquiries as described in Section 3.1.
You represent that all information you provide is true, complete, and accurate, and you agree to promptly update BizKred if it changes. Providing false information may result in denial of your application and may constitute fraud. BizKred reserves the right to refuse, suspend, or terminate your access to the Service if it believes the information you provided is incomplete, false, fraudulent, or inaccurate.
You authorize BizKred to collect, store, and transmit to Financing Providers the business bank statements and other documents you upload as part of your application, for the purpose of evaluating and facilitating financing.
BizKred may refer your application to two general categories of product, in each case only where permitted by applicable law and BizKred's eligibility policies:
Certain products, including merchant cash advances and other commercial sales-based financing products, may be subject to separate state-specific disclosures, eligibility requirements, registration requirements, and provider terms. Availability of any product varies by state, eligibility, applicable law, and the providers BizKred works with. Where required by law, applicable disclosures will be provided before you accept or become obligated on a specific financing offer.
By voluntarily providing your telephone number(s) and email address and submitting an application, you expressly consent to be contacted by BizKred — and by third parties acting on its behalf, and, where applicable, by Financing Providers to whom your application is transmitted — regarding your application, your account, and funding options (and, where you have not opted out, for marketing), by telephone call, text/SMS message, and email, including through automated telephone dialing systems, artificial or prerecorded voice messages, and automated texts. You agree that such calls and texts may be made even if your number is listed on any state or federal Do-Not-Call registry. Message and data rates may apply, and message frequency may vary. You may opt out of text messages at any time by replying STOP, and you may opt out of marketing emails using the unsubscribe link. BizKred intends to comply with the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, the Telephone Sales Rule, and applicable state laws. Opting out of communications may limit BizKred's ability to assist you. Consent to receive marketing communications is not a condition of any financing. These choices are described further in our Privacy Policy.
You consent to conduct this transaction electronically, to use electronic signatures, and to receive records and disclosures electronically. You agree that your electronic signature on the application has the same legal effect as a handwritten signature and that the electronically signed application constitutes your application and a record you may be asked to retain. You may request a paper copy of your signed application by contacting us at support@getbizkred.com.
There is no cost to you to apply through BizKred. BizKred may receive compensation from a lender, funder, MCA provider, or financing partner in connection with a Transaction that results from your application. The terms offered to you are determined by the applicable Financing Provider and may vary by provider, product, risk profile, and other factors. Where required by applicable law, any broker compensation required to be disclosed will be disclosed in the applicable transaction-specific disclosure or financing documents.
BizKred does not provide legal, tax, accounting, or financial advice, and nothing on the Service is a recommendation that any particular financing is suitable for you. The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. BizKred does not warrant that the Service will be uninterrupted, error-free, or secure, or that any Financing Provider will offer you financing.
To the fullest extent permitted by law, BizKred and its members, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or relating to your use of the Service or any Transaction with a Financing Provider, whether based in contract, tort, or otherwise, even if advised of the possibility of such damages. To the fullest extent permitted by law, BizKred's total aggregate liability arising out of or relating to the Service will not exceed the greater of USD $100 or the amount of fees you paid directly to BizKred in the six (6) months before the claim arose.
You agree to indemnify and hold harmless BizKred and its members, officers, employees, and agents from and against any claims, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of your use of the Service, your violation of these Terms, or your violation of any law or the rights of any third party.
The Service and its content, including the BizKred name, logo, and design, are owned by or licensed to BizKred and are protected by intellectual-property laws. You may not copy, reproduce, or create derivative works from the Service without our prior written permission.
The Service may transmit information to, or contain links to, third parties including Financing Providers and service providers. BizKred is not responsible for the content, products, services, terms, or privacy practices of any third party. Your dealings with any Financing Provider are solely between you and that Financing Provider.
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act (FAA) governs the interpretation and enforcement of the arbitration provisions in Section 14. Subject to the binding-arbitration agreement in Section 14, any claim not subject to arbitration will be brought exclusively in the state or federal courts located in El Paso, Texas, and you consent to their jurisdiction and venue.
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, TO HAVE A JURY TRIAL, AND TO PARTICIPATE IN A CLASS ACTION.
You and BizKred agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, your application, any communications you receive, or your relationship with BizKred (each, a "Dispute") will be resolved by final and binding individual arbitration, rather than in court, except as expressly provided in Section 14.2. This agreement to arbitrate is governed by the Federal Arbitration Act and evidences a transaction involving interstate commerce.
This Section 14 does not require arbitration of: (a) an individual claim brought in small-claims court, so long as it remains in that court and proceeds only on an individual basis; or (b) a request for temporary injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of intellectual-property or confidentiality rights. Either party may also seek to have a court enforce an arbitration award.
Before starting an arbitration, the party raising a Dispute agrees to first send the other a written Notice of Dispute describing the claim and the relief sought to BizKred at: support@getbizkred.com. You and BizKred agree to attempt to resolve the Dispute informally for 60 days after the Notice is received. If the Dispute is not resolved within that period, either party may begin arbitration. This informal-resolution requirement is a condition precedent to starting arbitration.
The arbitration will be administered by the American Arbitration Association (AAA) under its applicable Commercial Arbitration Rules, as in effect at the time and as modified by these Terms. The rules and filing instructions are available from the AAA at www.adr.org. The arbitration will be conducted by a single neutral arbitrator. Unless you and BizKred agree otherwise, any in-person hearing will take place in El Paso, TX, although the arbitrator may allow telephonic or video participation. The arbitrator will have authority to award the same individual relief a court could, and the arbitrator's award may be entered as a judgment in any court of competent jurisdiction. Each party will bear its own attorneys' fees and costs except where applicable law or the AAA's rules provide otherwise, and payment of filing, administrative, and arbitrator fees will be governed by the AAA's rules.
You and BizKred agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class, collective, or representative proceeding. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that party's individual claim. If this Section 14.5 is found to be unenforceable as to a particular claim or request for relief, then that claim or request will be severed and decided by a court, while all other claims will proceed in arbitration.
If 25 or more similar arbitration demands are submitted by or with the coordination or assistance of the same or coordinated counsel or organization, you and BizKred agree that the demands will be administered in accordance with the AAA's then-current rules and procedures for multiple or mass arbitrations, including any applicable batching, consolidation, and fee procedures. The applicable statutes of limitations will be tolled for affected claims while those procedures are followed.
To the fullest extent permitted by law, you and BizKred each waive any right to a trial by jury in any proceeding arising out of or relating to these Terms or the Service.
You may opt out of this Section 14 (except the jury-trial waiver and the agreement to litigate individually) by sending written notice of your decision to opt out within 30 days after the date you first accept these Terms, to support@getbizkred.com, including your name, the business name, and a clear statement that you wish to opt out of arbitration. If you opt out, neither you nor BizKred can require the other to arbitrate. Opting out has no other effect on your relationship with BizKred. If you do not opt out within 30 days, you agree to be bound by this Section.
This Section 14 survives termination of these Terms and your use of the Service. Except as provided in Section 14.5, if any part of this Section 14 is found invalid or unenforceable, the remainder will continue in effect.
BizKred may update these Terms from time to time. The updated version will be posted with a new "Last updated" date, and your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
Questions about these Terms may be directed to: BizKred LLC support@getbizkred.com