1Acceptance of these terms
This website (the "Site") is operated by Emerald Finance ("Emerald," "we," "us" or "our"). By accessing or using the Site you agree to these Terms of Use and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Site. We may change these terms at any time by posting a revised version with a new effective date; your continued use after a change means you accept it.
2Eligibility and business use
The Site and our products are intended for businesses located in the United States and for individuals who are at least 18 years old and authorized to act on a business's behalf. Our funding products are for business and commercial purposes only and may not be used for personal, family or household purposes.
3Site content is informational, not an offer
Information on the Site, including product descriptions, typical ranges, comparison tables, client stories and the cash advance estimator, is provided for general information only. It is not an offer, commitment or guarantee to provide funding on any terms, and it is not legal, tax, accounting or financial advice. The estimator uses illustrative assumptions that are described on the page and does not reflect any actual offer. All funding is subject to application, verification, underwriting and approval, and actual terms may differ materially from anything shown on the Site. Please see our Funding Disclosures.
4Applications and the Portal
Applications are submitted through our application portal at app.emeraldfinanceus.com (the "Portal"). By submitting an application you represent that all information you provide is true, complete and current, that you are authorized to provide it on behalf of the business, and that you will promptly update it if it changes. You authorize us and our funding partners to verify the information, obtain consumer and commercial credit reports, and contact banks, processors and other third parties as needed to evaluate your request. Any funding is governed solely by the written agreement you sign, not by these terms or the Site.
5Consent to communications
By providing your phone number or email address, you agree that Emerald, its funding partners and service providers may contact you about your application, your account and our products by email, telephone and text message, including through automated dialing systems, prerecorded or artificial voice messages, and autodialed or automated text messages. Consent to marketing calls and texts is not a condition of obtaining funding. Message and data rates may apply. You may opt out at any time by replying STOP to a text, using the unsubscribe link in an email, or asking a representative to stop calling. You agree that we may record or monitor calls for quality, training and compliance purposes where permitted by law. If you provide a phone number that is not yours, or your number changes, you agree to notify us promptly.
6Acceptable use
You agree not to: use the Site for any unlawful purpose; provide false or misleading information; access or attempt to access any account, system or data without authorization; interfere with the security or operation of the Site; use automated means to scrape, crawl or copy the Site except for search engines operating under published robots rules; reverse engineer any part of the Site; or use the Site to send unsolicited communications. We may suspend or terminate access for any violation.
7Intellectual property
The Site and its content, including text, graphics, logos, the Emerald Finance name and mark, design elements, and software, are owned by Emerald or its licensors and are protected by copyright, trademark and other laws. You may view and print pages for your own business evaluation of our products. Any other use, including reproduction, modification, distribution or creation of derivative works, requires our prior written permission.
8Third-party sites and services
The Site may link to third-party websites and services, and the Portal may be delivered using third-party technology. We do not control and are not responsible for third-party content, products, services or privacy practices. Links are provided for convenience and do not imply endorsement.
9Disclaimers
THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING 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 SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY INFORMATION ON THE SITE IS ACCURATE, COMPLETE OR CURRENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
10Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, EMERALD AND ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, FUNDING PARTNERS AND SERVICE PROVIDERS 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 SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). THIS SECTION DOES NOT LIMIT LIABILITY UNDER ANY FUNDING AGREEMENT YOU SIGN, WHICH IS GOVERNED BY ITS OWN TERMS.
11Indemnification
You agree to defend, indemnify and hold harmless Emerald and its owners, officers, employees, agents and partners from any claims, damages, losses and expenses, including reasonable attorneys' fees, arising out of your use of the Site, your violation of these terms, or any information you submit.
12Governing law and disputes
These terms are governed by the laws of the state in which Emerald is organized, without regard to its conflict-of-laws rules. TO THE EXTENT PERMITTED BY LAW, YOU AND EMERALD EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS OR REPRESENTATIVE ACTION. Disputes under a funding agreement are governed by the dispute provisions in that agreement.
13General terms
These terms, together with the Privacy Policy and Funding Disclosures, are the entire agreement between you and Emerald regarding the Site. If any provision is held unenforceable, the rest remains in effect. Our failure to enforce any provision is not a waiver. You may not assign these terms; we may assign them to an affiliate or successor. Sections 7 and 9 through 13 survive any termination of your use of the Site.
14Contact
Questions about these terms can be sent to Emerald Finance through our application portal at app.emeraldfinanceus.com.