Terms of Use
Effective date: September 25, 2026 · Last updated: September 25, 2026
PLEASE READ THESE TERMS OF USE CAREFULLY. THEY CONTAIN A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER (SECTION 12). BY ACCESSING OR USING THE SITE, OR BY SUBMITTING A REQUEST, YOU AGREE TO BE BOUND BY THESE TERMS.
1. Agreement to terms
These Terms of Use ("Terms") form a legally binding agreement between you (and the business you represent) and TopBizCapital governing your access to and use of topbizcapital.com (the "Site") and related services. If you do not agree, do not use the Site.
2. Eligibility
The Site is intended for use by US businesses and their authorized representatives who are at least 18 years old. By using the Site, you represent that you meet these requirements and have authority to bind the business you represent.
3. No offer, no guarantee; not a lender
TopBizCapital is a business-financing marketplace and referral service. We are not a lender, bank, or credit-decisioning entity and are not a party to any financing agreement between you and a funding partner. Nothing on the Site is an offer, commitment, or guarantee of financing. All financing is subject to a funding partner's independent review and approval, and amounts, rates, and terms are set solely by the funding partner.
4. Your information and consent to contact
You represent that all information you submit is accurate and that you are authorized to submit it. You consent to be contacted as described in Section 7 of our Privacy Policy, including by autodialed or prerecorded calls and texts, at the contact information you provide.
5. Third-party sites and partners
The Site links to third-party websites, including funding partners' application pages. We do not control and are not responsible for third-party content, products, services, or practices. Your use of any third-party site is governed by that party's terms and policies.
6. Acceptable use
You agree not to: (a) use the Site unlawfully or to submit false, misleading, or fraudulent information; (b) interfere with or disrupt the Site or its security; (c) scrape, harvest, or collect information about others; or (d) infringe our or others' intellectual property rights.
7. Intellectual property
The Site and its content (text, graphics, logos, and software) are owned by TopBizCapital or its licensors and are protected by copyright, trademark, and other laws. You may not copy, reproduce, distribute, modify, or create derivative works without our prior written permission, except for personal, non-commercial use.
8. Electronic communications and signatures
You agree to receive communications from us electronically and that electronic notices, disclosures, and agreements satisfy any legal requirement that they be in writing, consistent with the Electronic Signatures in Global and National Commerce Act (E-SIGN) and applicable state law.
9. Disclaimer of warranties
THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR ACCURATE. NOTHING ON THE SITE IS FINANCIAL, LEGAL, TAX, OR ACCOUNTING ADVICE.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOPBIZCAPITAL 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, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE WILL NOT EXCEED ONE HUNDRED US DOLLARS ($100). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
11. Indemnification
You agree to indemnify, defend, and hold harmless TopBizCapital and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Site; (b) information you submit; (c) your violation of these Terms; or (d) your violation of any law or third-party right.
12. Binding arbitration agreement and class action waiver
PLEASE READ THIS SECTION CAREFULLY - IT AFFECTS YOUR LEGAL RIGHTS.
(a) Agreement to arbitrate. Except as stated below, any dispute, claim, or controversy arising out of or relating to these Terms or the Site (a "Dispute") will be resolved by final and binding individual arbitration, rather than in court, administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect. The Federal Arbitration Act governs the interpretation and enforcement of this Section.
(b) Class action waiver. You and TopBizCapital 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, or representative proceeding. The arbitrator may not consolidate more than one person's claims.
(c) Exceptions. Either party may bring an individual action in small claims court, and either party may seek injunctive or other equitable relief in court to protect its intellectual property or to prevent unlawful use of the Site.
(d) Right to opt out. You may opt out of this arbitration agreement by sending written notice to [email protected] within 30 days of first accepting these Terms, stating your name, the business, and your request to opt out of arbitration. Opting out will not affect any other part of these Terms.
(e) Arbitration procedures. The arbitration will be conducted in the state identified in Section 17 or by telephone/video where permitted. The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, or enforceability of this Section, except that a court may decide the validity of the class action waiver. Judgment on the award may be entered in any court with jurisdiction.
13. Governing law
These Terms are governed by the laws of the State of Delaware and applicable federal law, without regard to conflict-of-laws rules.
14. Termination
We may suspend or terminate your access to the Site at any time, without notice, for any reason, including violation of these Terms.
15. Changes to these Terms
We may update these Terms from time to time. The updated Terms will be effective when posted and will apply to your continued use of the Site.
16. General
These Terms, together with the Privacy Policy and Disclosures, constitute the entire agreement between you and TopBizCapital regarding the Site and supersede prior agreements. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our consent; we may assign them. Section headings are for convenience only. Nothing creates a partnership, agency, or employment relationship.
17. Venue
To the extent any Dispute proceeds in court (including to enforce arbitration or for the exceptions in Section 12(c)), the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of Delaware.
18. Contact
Questions about these Terms may be sent to [email protected].