Terms and Conditions

Acceptance of These Terms

Please read these Terms and Conditions (“Terms”) carefully before using the maplebaybusinesscapital.com website or any page of it (the “Website”) and any services (the “Services”) offered or provided by MAPLE BAY BUSINESS CAPITAL, LLC (“Company,” “we,” “us,” or “our”). “You” or “your” means the person using the Website or Services, both individually and as an employee or agent of any company on whose behalf you act.

Your access to and use of the Website and Services is conditioned on your acceptance of and compliance with these Terms, which apply to all users.

BY ACCESSING OR USING THE WEBSITE OR SERVICES, YOU AGREE (ON BEHALF OF YOURSELF AND ANY COMPANY OF WHICH YOU ARE AN EMPLOYEE OR AGENT) TO BE BOUND BY THESE TERMS. IF YOU DISAGREE WITH ANY PART OF THESE TERMS, YOU DO NOT HAVE PERMISSION TO USE THE WEBSITE OR SERVICES AND MUST STOP USING THEM IMMEDIATELY.

The Company is organized in Delaware, United States, with its principal place of business in Illinois, United States. The Website is intended only for individuals who are at least 18 years of age and who are acting on behalf of commercial entities located in the United States or its possessions or territories. By using the Website, you represent and warrant that you meet these requirements. If you do not, you must not use the Website.

Business Purposes Only; No Consumer Credit

We provide asset-based financing to middle market companies. The Website and Services are intended solely for business and commercial purposes. We do not offer or arrange credit for personal, family, or household purposes, and the Website is not directed to individual consumers. If you are seeking personal credit, please do not use the Website or submit information through it.

If you are an owner, officer, member, partner, or guarantor of a business, or a sole proprietor, we treat information about you as provided in your business capacity.

Informational Purposes Only; No Offer or Commitment

The content on the Website is general information about our business and financing capabilities. Nothing on the Website is an offer, solicitation, commitment to lend, or promise to provide financing. Any financing is subject to our sole discretion, our underwriting and due diligence, credit approval, and the execution of definitive written agreements. Submitting the contact form does not create a lending, fiduciary, advisory, or other relationship between you and us, and does not obligate either party.

We do not warrant the accuracy, completeness, or usefulness of the content on the Website, and it is subject to change without notice. Any reliance you place on it is at your own risk, and we disclaim all liability arising from that reliance, whether by you or by anyone you share it with.

No Professional Advice

The Website does not provide legal, tax, accounting, or financial advice. You should consult your own advisors before making any financing decision.

Contact Form and Communications

Accuracy and authority. The information you submit must be accurate and complete. Because requests are submitted on behalf of companies, you represent that you are authorized to submit the request for the company and to share information about the company and its principals.

Consent to be contacted. By submitting the contact form or providing your phone number or email address, you consent to our contacting you by email and telephone at the contact information you provided regarding your inquiry and our Services. We do not send text messages. You may opt out of marketing emails at any time by using the unsubscribe link in the message or by contacting us at joe@maplebaybusinesscapital.com. Consent to marketing communications is not a condition of receiving a response to your inquiry.

Submissions and record retention. Information you submit through the Website becomes part of our business records. We are not obligated to return or delete it except as stated in our Privacy Policy or required by law, and we may retain it as described in the Privacy Policy. We have no obligation to respond to any submission, and a submission does not create any confidentiality obligation on our part unless we agree otherwise in a signed writing.

Call recording. If we intend to record a telephone call with you, we will tell you before the recording begins. If you do not want the call recorded, you may end the call or tell us you do not consent, and we will not record it.

License to Information You Submit

By submitting information through the Website, you grant the Company a non-exclusive, worldwide, royalty-free license to use, store, reproduce, and disclose that information as needed to evaluate your inquiry, communicate with you and the company you represent, assess and structure potential financing, and share it with our affiliates, service providers, and prospective funding or participation partners, in each case as described in our Privacy Policy and subject to applicable law. You represent that you have the right to submit the information and to grant this license, including on behalf of the company and its principals.

Do Not Submit Sensitive Information

The contact form is not designed to receive sensitive personal or financial information. Please do not submit Social Security numbers, tax identification numbers, bank or card account numbers, passwords, government ID numbers, or confidential financial statements through the Website or by unencrypted email. We will tell you how to securely provide any information needed for underwriting if and when it is required.

Intellectual Property

The Website and its content, including text, graphics, logos, and design, are owned by the Company or its licensors and are protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to view the Website for your internal business use. You may not copy, modify, distribute, scrape, or create derivative works from the Website without our written permission. All trademarks displayed on the Website are the property of their respective owners.

Acceptable Use

You agree not to: (a) use the Website for any unlawful purpose or in violation of these Terms; (b) submit false, misleading, or fraudulent information or impersonate any person or entity; (c) interfere with or disrupt the Website or its security; (d) use bots, scrapers, or other automated means to access the Website, except standard search engine indexing; (e) attempt to gain unauthorized access to the Website, our systems, or other users’ data; or (f) introduce viruses or other harmful code.

Termination and Suspension

We may suspend, restrict, or terminate your access to the Website or Services at any time, with or without notice, and for any reason, including if we believe you have violated these Terms. You may stop using the Website at any time. Termination does not affect any rights or obligations that arose before termination, and any provisions of these Terms that by their nature should survive termination will survive, including those on intellectual property, disclaimers, limitation of liability, indemnification, and governing law.

Third-Party Links and Services

The Website may contain links to third-party websites, provided for convenience only. We may also use third-party vendors and hosting partners to provide the technology that runs the Website and Services, and may offer integrations with third-party applications, which you use at your own option and risk. We do not control, and are not responsible for, the content, policies, or practices of any third party. A link is not an endorsement, and the Company has no liability arising from third-party websites, vendors, partners, or integrations.

Privacy and Cookies

Our Privacy Policy and Cookie Policy explain how we collect, use, and share information through the Website and are incorporated into these Terms.

Disclaimer of Warranties

Your use of the Website and Services is at your own risk. We cannot and do not guarantee that any file available for download from the Website or the internet will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to meet your own requirements for anti-virus protection and data accuracy, and for maintaining a means external to the Website for reconstructing any lost data.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE, THE SERVICES, AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, SECURE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THEY WILL MEET YOUR NEEDS OR EXPECTATIONS.

You are solely responsible for evaluating the accuracy, completeness, and usefulness of any information or other content provided through the Website or Services.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, 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 BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES DAMAGES FROM VIRUSES, DENIAL-OF-SERVICE ATTACKS, OR OTHER HARMFUL MATERIAL; LOSS OR DELETION OF DATA OR FILES; ERRORS OR INTERRUPTIONS; UNAUTHORIZED ACCESS TO OUR RECORDS OR SYSTEMS; FORCE MAJEURE EVENTS; OR RELIANCE ON ANY INFORMATION OBTAINED THROUGH THE WEBSITE.

OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE WEBSITE OR SERVICES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100), WHETHER THE CLAIM ARISES IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.

These limitations apply only to your use of the Website and do not apply to financing agreements, which are governed by their own terms. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you, and nothing in these Terms affects any rights that cannot be excluded or limited under applicable law.

Indemnification

You agree to indemnify and hold harmless the Company and its affiliates, officers, directors, members, managers, employees, and agents from and against any claims, losses, damages, and expenses (including reasonable attorneys’ fees) arising out of your violation of these Terms, your submission of inaccurate or unauthorized information, or your misuse of the Website.

Geographic Restrictions

The Company is based in the State of Illinois in the United States. We provide the Website and Services for use only by individuals acting on behalf of commercial entities located in the United States. Access to the Website may not be legal for certain persons or in certain countries.

Governing Law and Venue

These Terms and any dispute arising out of or relating to them or the Website are governed by the laws of the State of Illinois, without regard to its conflict-of-laws rules, and by applicable federal law. You agree that the state and federal courts located in Lake County, Illinois have exclusive jurisdiction and venue, and you consent to personal jurisdiction there.

Waiver of Jury Trial and Class Actions

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND THE COMPANY EACH WAIVE ANY RIGHT TO A JURY TRIAL IN ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY CLAIM WILL BE BROUGHT ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. THE COURT MAY NOT CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON OR PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

If a court finds that the class action waiver cannot be enforced as to a particular claim, that claim (and only that claim) will proceed in the court identified in “Governing Law and Venue,” and the rest of this section will continue to apply.

Changes to These Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website after revised Terms are posted means that you accept and agree to the changes. You are expected to check this page so you are aware of any changes, as they are binding on you.

Waiver and Severability

No waiver by the Company of any term or condition of these Terms will be deemed a further or continuing waiver of that term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms will not constitute a waiver of that right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision will be eliminated or limited to the minimum extent necessary so that the remaining provisions continue in full force and effect. You may not assign these Terms without our written consent; we may assign them freely. Sections that by their nature should survive termination will survive.

Electronic Communications and Notices

You agree that we may provide notices, disclosures, and other communications to you electronically, including by email to the address you provided or by posting on the Website, and that these satisfy any legal requirement that such communications be in writing. A notice sent by email is considered received when sent, unless we receive a delivery failure message. It is your responsibility to keep your contact information current. Notices to us must be sent to the postal address in “Your Comments and Concerns” below, and you may also email a copy to joe@maplebaybusinesscapital.com. A notice to us is effective only when we actually receive it.

Entire Agreement

These Terms, our Privacy Policy, and our Cookie Policy constitute the sole and entire agreement between you and the Company regarding the Website and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and Services.

Accessibility

We want the Website to be accessible to everyone. If you have difficulty using any part of it, contact us at joe@maplebaybusinesscapital.com or 312-771-8933 and we will work with you to provide the information in an alternative format.

Your Comments and Concerns

The Website and Services are operated by MAPLE BAY BUSINESS CAPITAL, LLC.

All notices under these Terms should be sent to:

Maple Bay Business Capital, LLC
7231 Roxbury Court
Long Grove, IL 60060

All other feedback, comments, requests for technical support, and other communications relating to the Website or Services should be directed to:

Email: joe@maplebaybusinesscapital.com
Phone: 312-771-8933