Terms of Use
Effective: 2026-04-28
Version: v1
> ⚠️ DRAFT — NOT LEGAL ADVICE. This draft includes standard arbitration, governing law, and limitation-of-liability clauses commonly used by lender-matching services, but it must be reviewed by an attorney before paid traffic launches. Placeholders for legal entity name, business address, and governing-law state must be replaced with real values.
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1. Acceptance of these Terms
By accessing or using bestbusinesslender.com (the "Site"), submitting our quote-request form, or otherwise interacting with our service, you agree to be bound by these Terms of Use ("Terms") and our Privacy Policy. If you do not agree, do not use the Site.
These Terms are between you and [LEGAL ENTITY NAME — placeholder], the operator of the Site (referred to as "we", "us", or "our").
2. The service
bestbusinesslender.com is a lender-matching service. We collect business and contact information from small business owners who request a quote and share that information with funding partners in our network so those partners can contact you with offers. We are not a lender. We do not make funding decisions, underwrite loans, set interest rates, charge fees to applicants, or extend credit ourselves. We make no representation or warranty that any specific lender will offer you funding, or that any offer you receive will be on terms acceptable to you.
3. Eligibility
To use the Site, you represent that:
- You are at least 18 years of age
- You are a US-based business owner or an authorized representative submitting on behalf of a US-based business
- The information you provide is true, accurate, current, and complete
- You have the legal authority to submit the application and to give consent on behalf of the business
4. No financial advice; no professional relationship
Information on the Site is for general informational purposes only. Nothing on the Site constitutes legal, financial, tax, or professional advice. Decisions about whether to accept any funding offer are yours alone. We strongly encourage you to review terms carefully and consult with a qualified financial or legal advisor before signing.
5. Communications consent and revocation
Your use of the form and the consent you provide on it govern how we and our network lender partners may contact you. Details, including your right to revoke consent at any time, are described in our Privacy Policy and in the consent text on the form itself.
6. Acceptable use
You agree not to:
- Submit false, misleading, or fraudulent information
- Submit information about a business you have no authority to represent
- Use the Site for any unlawful purpose or in violation of any applicable law
- Attempt to interfere with the Site's operation, security, or other users' access
- Scrape, harvest, or otherwise extract data from the Site by automated means without our written permission
- Use the Site if you have been previously suspended from it
7. Intellectual property
All content on the Site — including text, graphics, logos, layout, and underlying code — is owned by us or our licensors and is protected by copyright, trademark, and other laws. You may not copy, modify, distribute, or create derivative works without our written permission.
8. Third-party links and services
The Site may contain links to or integrations with third-party services (including our network lender partners and service providers like Wix, Zapier, Google, Meta, and ActiveProspect). We are not responsible for the content, policies, or practices of any third party. Your use of those services is governed by their own terms.
9. No warranties
THE SITE AND THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY THAT YOU WILL BE MATCHED WITH A LENDER, RECEIVE ANY OFFER, OR RECEIVE ANY OFFER ON ACCEPTABLE TERMS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION ON THE SITE OR PROVIDED BY OUR NETWORK LENDER PARTNERS.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO YOUR USE OF THE SITE WILL NOT EXCEED ONE HUNDRED US DOLLARS ($100).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above may not apply to you.
11. Indemnification
You agree to indemnify and hold harmless [LEGAL ENTITY NAME — placeholder] and its officers, directors, employees, and agents from any claim, demand, loss, liability, damage, or expense (including reasonable attorneys' fees) arising from or related to (a) your use of the Site, (b) your violation of these Terms, (c) your violation of any third party's rights, or (d) any false or misleading information you submit.
12. Arbitration agreement and class-action waiver
Read this section carefully. It limits how disputes between you and us are resolved.
Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or your use of the service ("Dispute") will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect.
You and we each waive any right to a jury trial and any right to participate in a class action or representative proceeding. Any arbitration must be conducted on an individual basis only.
The arbitration will take place in [GOVERNING-LAW STATE — placeholder] or another mutually agreed location. The arbitrator's decision will be binding and may be entered as a judgment in any court of competent jurisdiction.
You may opt out of this arbitration agreement by emailing privacy@bestbusinesslender.com within 30 days of first using the Site, with the subject "Arbitration Opt-Out" and your name and contact information.
This section survives termination of these Terms.
13. Governing law
These Terms are governed by the laws of the State of [GOVERNING-LAW STATE — placeholder], without regard to its conflict-of-laws principles. Subject to the arbitration clause above, any court action must be brought in the state or federal courts located in [GOVERNING-LAW STATE — placeholder], and you consent to the personal jurisdiction of those courts.
14. Severability
If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving the parties' original intent.
15. No waiver
Our failure to enforce any provision of these Terms is not a waiver of our right to enforce it later.
16. Assignment
You may not assign these Terms or your rights under them without our written consent. We may assign these Terms freely, including in connection with a corporate transaction.
17. Modifications
We may modify these Terms from time to time. The "Effective" date at the top reflects the most recent change. Material changes will be highlighted on the Site. Your continued use of the Site after a change constitutes acceptance of the modified Terms.
18. Termination
We may suspend or terminate your access to the Site at any time, for any reason, with or without notice.
19. Contact
Questions about these Terms:
Email: privacy@bestbusinesslender.com
Postal mail: [BUSINESS ADDRESS — placeholder, fill before launch]
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Internal version log
| Version | Date | Change |
|---|---|---|
| v1 | 2026-04-28 | Initial draft. Pending attorney review. Placeholders for legal entity name, business address, and governing-law state. Note: research/PITFALLS.md flagged that NY-based MCA marketers face heightened state-AG scrutiny (Yellowstone Capital). Governing-law state should be chosen with that in mind. |