Terms of Use

1. Authorized Use

The Sites are intended for businesses and authorized business representatives located in the United States. BizPoint’s funding products and services are for business purposes only and are not intended for personal, family, or household use.

We may restrict, suspend, or terminate access to all or any portion of the Sites when reasonably necessary to protect BizPoint, the Sites, users, information, or legal rights, or as otherwise permitted by law.

By using the Sites, you agree not to:

• Use the Sites for an unlawful, fraudulent, deceptive, or unauthorized purpose;
• Misrepresent your identity, authority, business, ownership, financial condition, or any information submitted to BizPoint;
• Copy, disassemble, decompile, reverse-engineer, modify, or tamper with software or technology underlying the Sites, except where such a restriction is prohibited by law;
• Remove, obscure, obstruct, or alter content, notices, security features, advertisements, or technical controls;
• Use the Sites for unauthorized data collection, competitive intelligence, market analysis, scraping, or profiling;
• Deploy a bot, crawler, scraper, automated query, or similar tool, except for a generally available search engine operating in accordance with our technical instructions;
• Introduce malicious code, interfere with Site performance, overwhelm infrastructure, or attempt to circumvent a security or access control; or
• Access, attempt to access, or disclose information or systems without authorization.

2. User Accounts and Submitted Information

If an account is made available to you, you are responsible for safeguarding your credentials and for activity conducted through your account. Notify BizPoint promptly if you suspect unauthorized access, credential compromise, or misuse.

You represent that information you submit through the Sites is accurate, complete, current, and provided with appropriate authority. If you submit information concerning a business owner, officer, employee, guarantor, or other person, you represent that you are authorized to provide that information and request the applicable services.

If you choose to connect a third-party service or data source, you authorize BizPoint and its contracted service providers to access and use the relevant information as permitted by your instructions, applicable terms, our Privacy Policy, and law.

BizPoint may collect and use technical details concerning devices, browsers, Site activity, security events, and interactions with the Sites as described in the Privacy Policy.

3. Software Use

Subject to these Terms, BizPoint grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use software or functionality made available through the Sites solely for its intended business purpose.

Portions of the software or functionality may be owned or licensed by third parties and may be subject to additional terms. BizPoint may modify, suspend, replace, or discontinue software, functionality, or access at any time, subject to applicable law and any separate agreement.

4. Third-Party Links and Services

The Sites may contain links to or integrations with external websites, platforms, or services. A link or integration does not constitute BizPoint’s endorsement of the external party, its content, or its practices.

BizPoint does not control and is not responsible for external websites or services, including their availability, accuracy, security, content, terms, or privacy practices. Your use of an external service is subject to that service’s terms and policies and is at your own risk.

5. Service Providers and Connectivity

Your use of the Sites may also be subject to agreements with your internet, telephone, mobile, banking, accounting, or other service providers. You are responsible for charges, data fees, device requirements, service limitations, and restrictions imposed by those providers.

BizPoint may use contracted operational and technology providers to host, secure, maintain, analyze, and support the Sites and to provide requested services, as described in the Privacy Policy.

6. Intellectual Property

The Sites and their content, organization, design, text, graphics, logos, trademarks, service marks, software, interfaces, and other materials are owned by BizPoint or its licensors and are protected by applicable intellectual-property laws.

Except for the limited permission expressly provided in these Terms, you may not copy, reproduce, distribute, republish, display, perform, transmit, modify, create derivative works from, license, sell, or otherwise exploit Site materials without prior written authorization from the applicable owner.

No license or right to use a BizPoint name, logo, trademark, service mark, or other brand element is granted by implication, estoppel, or otherwise.

7. Communications

7.1 Inquiry, Telephone, and Email Communications

When you provide contact information and submit a business funding inquiry, application, request, or other communication, you authorize BizPoint to contact you concerning that specific interaction through the communication methods you provide and select, subject to applicable law and your communication preferences.

These communications may include telephone calls and emails concerning your inquiry, application, requested documentation, identity or information verification, status, appointment or call coordination, agreement, account, transaction, customer service, security, or other requested services.

Where permitted by law and consistent with your preferences, BizPoint may separately send marketing emails. You may unsubscribe from marketing emails using the unsubscribe method provided in the message.

Telephone calls may be monitored or recorded for quality assurance, training, security, documentation, and compliance purposes where permitted by law. If notice or consent is required, it will be provided or obtained as applicable.

Providing a telephone number or submitting a form without separately selecting the optional SMS consent does not constitute consent to receive text messages.

8. Business Funding; No Professional Advice; No Warranties

8.1 Business-Purpose Funding

All business funding is subject to the completion of a full application and approval in accordance with BizPoint’s underwriting standards. Eligibility, terms, and funding decisions depend on applicable credit and risk policies, program guidelines, verification, documentation, legal requirements, and other factors.

Submission of an inquiry or application does not guarantee approval, an offer, any particular terms, or funding by a particular time. Statements concerning review or funding speed describe potential timing after BizPoint receives a complete application and all requested information; actual timing may vary due to verification, underwriting, banking, processing, legal, or other requirements.

Certain products may be subject to state licensing requirements, restrictions, or availability limitations and may not be available in every jurisdiction.

8.2 No Legal, Financial, Accounting, or Tax Advice

Content made available through the Sites is for general informational purposes and is not legal, financial, investment, accounting, or tax advice. You should consult qualified advisors concerning your specific circumstances.

8.3 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITES AND THEIR CONTENT, SOFTWARE, FUNCTIONALITY, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, OR SECURITY.

BizPoint does not warrant that the Sites will be uninterrupted, error-free, secure, current, complete, compatible with every device, or free from viruses or other harmful components. Some jurisdictions do not permit certain warranty exclusions, so portions of this section may not apply to you.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIZPOINT AND ITS OWNERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OPPORTUNITY, OR GOODWILL; OR DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIZPOINT’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITES OR THESE TERMS WILL NOT EXCEED THE TOTAL FEES, IF ANY, YOU PAID DIRECTLY TO BIZPOINT FOR USE OF THE SITES DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

The limitations in this section do not apply to liability that cannot lawfully be excluded or limited.

10. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless BizPoint and its owners, officers, employees, representatives, contractors, licensors, and service providers from third-party claims, liabilities, damages, judgments, losses, costs, and reasonable legal fees arising from or relating to:

• Your unlawful or unauthorized use of the Sites;
• Your material violation of these Terms;
• Information or materials you submit without appropriate authority; or
• Your infringement or violation of another person’s rights.

BizPoint reserves the right to control the defense and settlement of a matter subject to indemnification, and you agree to provide reasonable cooperation.

11. Assignment

You may not assign or transfer these Terms or any right or obligation under them without BizPoint’s prior written consent. BizPoint may assign or transfer these Terms, in whole or in part, in connection with a merger, acquisition, reorganization, financing, sale of assets, change in control, or other lawful business transaction, or as otherwise permitted by law.

Any attempted assignment prohibited by this section is void to the extent permitted by law.

12. Governing Law

These Terms and disputes arising from or relating to the Sites are governed by the laws of the State of California and applicable federal law, without regard to conflict-of-law principles, except to the extent another law must apply.

Any dispute will be handled under those laws and any applicable separate agreement. Nothing in these Terms limits a right or remedy that cannot lawfully be waived.

13. Electronic Communications and Records

To the extent permitted by law, you consent to receive notices, disclosures, agreements, authorizations, records, and other communications electronically, including through the Sites or by email. Electronic communications satisfy a legal requirement that a communication be in writing to the extent permitted by law.

You are responsible for maintaining a current email address, compatible hardware and software, and the ability to access, download, and retain electronic records.

You may request a paper copy of an electronic record by contacting info@bizpointcapital.com . A reasonable fee may apply where permitted by law and disclosed in advance. If you withdraw consent to electronic records, BizPoint may suspend or terminate access to services that require electronic delivery, subject to applicable law and any separate agreement.

14. General Provisions

If a provision of these Terms is found unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in effect.

BizPoint’s failure to enforce a provision is not a waiver of that provision or any other right. Section headings are for convenience only and do not affect interpretation.

These Terms, the Privacy Policy, and any applicable separate agreements constitute the applicable agreement concerning your use of the Sites.