Terms and Conditions

Last updated: October 27, 2019

These Terms of Use and Terms of Conditions constitute a binding legal agreement between you and Spearfish Capital Funding LLC d/b/a Spearfish. These Terms and Conditions determine the way we conduct our business with you and govern your use of the Site and our services.

The words “Site” or “Website” or “Web Site” refers to https://www.spearfishcap.com/ (“URL”), all pages contained within the URL or linked thereto, and all linked subdomains, mobile applications, on-line forms, and the application for business funding that links to these Terms of Use/ Terms and Conditions.

Spearfish provides the materials contained at our site(s) on the World Wide Web (the “Site”) as a service to our customers and visitors. Spearfish requires that all visitors to the Site adhere to the following Terms and Conditions. By accessing the Site and any of its pages, you indicate your acknowledgement and acceptance of the Terms and Conditions set forth below without limitation or qualification. Spearfish may revise these Terms and Conditions at any time by updating this posting, which revisions will be binding upon all visitors to the Site. You should therefore visit this posting to review these Terms and Conditions from time to time as you visit the Site. For purposes of these Terms and Conditions references to Spearfish include its affiliates, partners, directors and employees.

Eligible Users and Acknowledgements

You may not use the Spearfish Site, services, or products offered through the Site if you are under 18 years of age or if you are not a legal resident of the United States.

Your account may be terminated without warning if we believe, in our sole discretion, that you are less than 18 years of age or not a United States resident.

In addition, by using the Website, you are affirming that;

• You accept sole responsibility for any and all of your activities and conduct while using this Site.
• You are responsible for ensuring that you do not violate any applicable federal or state laws or statutes, including copyright laws, when using this Site.
• You will not transmit or upload viruses, worms or any other destructive or malicious code or executable program to the Website.
• You will not use bots to engage Spearfish’s Site or services.

By submitting information to Spearfish, either through the Site or other electronic communication, you are further affirming that;

• You are authorized to act on behalf of your business or company and able to bind such entity
• You are not misrepresenting yourself, your identity (including personal name), your business, or any information related to your current financial accounts
• All information provided by you or your business partner(s) is true, accurate, current, and complete, and that you will maintain the accuracy of that information
• Your use of our products or services does not violate any applicable law or regulation
• You will not use the services for any illegal, immoral or unauthorized purpose
• You assume all liability for the information you provide.

Use of Site: Restrictions

You assume all risk and responsibility for your conduct on the Site and use of our services, including any risk associated with your interactions with third-parties, and hereby waive all claims or actions against Spearfish.

You agree that Spearfish is making no commitment or guarantee that any service, product, evaluation, or guidance provided by Spearfish will result in approval for business funding. You acknowledge that by engaging or communicating with Spearfish, you are not guaranteed any funding or form of funding.

Changes to Terms

At any time we reserve the right to remove, add, or modify any content contained in our Terms of Use and Privacy Policy without notice. It is your responsibility to check the “last updated” date at the top of this page during each visit to our Site and periodically while using our services.

Your continued use of our Site and services means you have read, understood, and accept the most recent version of this agreement as binding. Please check the last updated date frequently so you are aware of any changes.

Laws and Regulations

User access to and use of the Site is subject to all applicable federal, state and local laws and regulations. Unauthorized use of this system is prohibited and violators can be prosecuted under federal and state laws. New Hampshire law and Federal law will govern the interpretation and enforcement of these Terms and Conditions.

Copyright Information

The information contained at the Site, including but not limited to text and images herein (other than certain images licensed from third parties) and their arrangement, are copyright ©2019 by Spearfish. All rights reserved.

The Spearfish logo is property of Spearfish. Nothing contained at the Site shall be construed as granting by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright (except as expressly stated above) or proprietary rights of Spearfish or of any third party.

Spearfish Capital Funding LLC (“Spearfish”) provides the materials on this Web site as a service to its customers and others considering using Spearfish’s services. (Note: Spearfish services are available in the U.S. only.) This Web site may be used for informational purposes only. You may download single copies of materials available on this Web site subject to the provisions of this notice. By downloading any materials from this Web site, you agree to the terms of the provisions. If you do not agree to the terms, do not use this Web site or download any materials from it.

The information and materials contained at the Site may not otherwise be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work or otherwise used for commercial or public purposes without Spearfish’s prior written consent.

The Site, including this page, may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Certain images and information at the Site are the copyright or trademark of third parties and any use is subject to the terms and conditions of such third parties.

Spearfish reserves the right to terminate users of its services who are repeat infringers, as determined by Spearfish in its sole discretion.

Limitation of Liabilities and Warranties

INFORMATION ON THE SITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

The information contained at the Site may include technical inaccuracies or typographical errors. Spearfish from time to time amends, changes, adds, deletes, updates or alters the information contained at this Site, including information regarding the products and services described at the Site, without notice. Spearfish assumes no liability for any errors or omissions in the information contained at the Site and expressly disclaims any responsibility to update the information contained at the Site.

IN NO EVENT SHALL SPEARFISH BE LIABLE FOR ANY PUNITIVE, SPECIAL, DIRECT, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT AND TORT ACTIONS (INCLUDING LIBEL), ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING OR DISPLAY OF, OR THE INTERACTION OR ANY OTHER FORM OF COMMUNICATION WITH, THE SITE AND THE INFORMATION CONTAINED AT THE SITE (INCLUDING VIA COMPUTER VIRUSES OR ANY OTHER FORM OF SOFTWARE).

Marketing

Regardless of whether you have chosen to opt out of certain marketing offers from Spearfish, by using the Site you agree that we may market our services and the services of other companies on the Site through the use of banner ads, analytics, marketing automation, hyperlinks, retargeting, advertising, and other similar marketing devices. Services and solutions offered will be at the sole discretion of Spearfish, and may be provided by companies not affiliated with Spearfish. Non-affiliated companies will be solely responsible and liable for the provision of or failure to provide stated services, benefits, or products. Spearfish does not legally endorse or guarantee products or services provided by non-affiliated companies.

Links to Other Internet Web Sites

Some of the Web sites listed as links herein are not under the control of Spearfish, but rather are exclusively controlled by third parties. Accordingly, Spearfish makes no representations whatsoever concerning such Web sites. Although Spearfish may provide a link to a third party, such a link is not an authorization, endorsement, sponsorship or affiliation by Spearfish with respect to such Web site, its owners or its providers. Spearfish is providing these links only as a convenience to you. Spearfish has not tested any information, products or software found on such Web sites and therefore cannot make any representations whatsoever with respect thereto. It is up to you to take precautions to ensure that whatever you select is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

IN NO EVENT WILL SPEARFISH BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF ANY HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Feedback

Any comments or materials sent to Spearfish, including feedback data, such as questions, comments, suggestions or the like regarding the content of any such documents (collectively “Feedback”), shall be deemed to be the property of Spearfish. Spearfish’s use of the Feedback will be in compliance with the Spearfish Privacy Notice, which is set forth on the Site, and applicable laws. Spearfish shall have no additional obligations with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, Spearfish shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback. Application information submitted to Spearfish shall be treated confidentially to the extent required by applicable law or as disclosed in the application.

Violations of Terms and Conditions

Spearfish reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access from a particular Internet address to the Site. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SPEARFISH FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING ATTORNEY’S FEES, RELATED TO YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR YOUR USE OF THE SERVICES AND INFORMATION PROVIDED AT THE SITE.

Products and Services

You understand and agree that the services provided by Spearfish include assessing your eligibility for business funding. This includes a pre-qualifying and matching you with the financial products offered by our business partners, and coordinating and maintaining that relationship when possible and appropriate.

Spearfish is not a lender or direct issuer of factoring services, agreements or loans, but some of the financial products offered by our partners may include loans, along with other alternative funding options.

Spearfish is not a financial consultant company, nor do we offer legal advice. Before making a financial decision or strategy for your company you should consider obtaining the advice of your attorney, accountant, and other trusted consultants.

You may request pre-qualification for business funding through the Site by filling out our online application or by requesting or booking a free phone appointment. The application will require your personal and business information, including but not limited to your name and address, phone number and email, the amount requested, the intended business purpose, and financial information regarding your business’s revenue.

We may use, or recommend the use of third-party services for financial information retrieval and these services have their own terms and conditions of use and access.

By submitting your application, you authorize Spearfish and our selected business partners to obtain information from third-party sources, including credit bureaus. Based on our assessment of your application information, we may restrict the number of partners who will conduct further inquiries to those we predict are most capable of fulfilling your business funding needs, if we submit your information at all.

Spearfish may suspend or discontinue our services or limit the availability of funding products at any time and for any reason, without liability and without notice.

Applying For Business Funding

Consent to Conduct Business Electronically

By filling out our application, you acknowledge that you have carefully read and agree to the Spearfish Terms and Conditions in its entirety, as well as our Privacy Policy found here: https://www.spearfishcap.com/privacy-policy/

Submitting a business funding application electronically through the Spearfish Site or by email has the same force and effect as if the application was signed by hand with an ink signature. Any electronic or paper communications will be considered “in writing.”

In utilizing any of the functions of the Site, Applicant’s Representative warrants and represents that he or she is over the age of 18, a legal US resident, is acting pursuant to express authorization to act on behalf of the Applicant, and able to enter binding agreements on behalf of the Applicant.

The Applicant certifies that any funds obtained through our services will be used solely for legitimate business purposes and not for any other reasons outside of that scope.

In order to service your request for business funding, you authorize Spearfish, our affiliates and business partners, to;

(a) send electronic disclosures to the email address(es) provided by you, including all relevant documents, notices, and contracts.

(b) communicate with you electronically, at any telephone number, fax number, email address that you submit to us, based on your interest in and eligibility for our financial products now or in the future.

(d) contact third-parties as necessary to verify your information, including your identity and the legitimacy of your business. We may require identifying documentation from you as a condition of continuing with our services at any time.

(e) analyze the financial health of your business by obtaining proof of your business revenue. Proof of business revenue includes the choice of providing us with copies of your business bank statements or linking your transactional data using a secure third-party.

(f) obtain and review consumer and business credit reports; and to conduct further credit inquiries as required, which may impact your credit score.

Submission of Information and Eligibility Determinations

The following terms and conditions relate to the submission of your contact information via any Spearfish landing page or via any appointment booking software or by phone, email, or in person.

By submitting your information, you are providing express “written” consent to be contacted by one of our funding specialists in order to schedule and conduct your free consultation.

Filling out one of our contact forms, landing pages, or sending us your contact information and/or participating in a free consultation in no way guarantees that you or your business will be determined to be eligible for funding or be eligible for a specific amount or be eligible for specific terms or rates. We use third-party businesses to verify your information, to determine your eligibility, and to perform underwriting. Requirements for approval vary between funding options and may include good personal or business (Paydex) credit, credit of a particular score and/or “depth” (quality), minimum monthly revenue, minimum annual net salary, good credit on your customers’ part (in the case of invoice factoring), a set length of time in business, one or more co-signers, and other factors.

Credit requirements for particular funding options may include no bankruptcies, or no recent bankruptcies; no personal or bank liens; and other factors. Spearfish is not a bank or a financial institution and does not provide direct funding. Funding that is approved is approved by and dispersed by our underwriting, factoring, and finance partners. Spearfish is an independent sales organization providing factor broker, equipment leasing broker, and loan broker services for small businesses.

Consent to Obtain Credit Report

In submitting your application for business funding, you are providing Spearfish and our business partners authorization to inquire about your credit and to obtain reports from credit bureaus as needed to fulfil your request for business funding and monitor your credit performance.

By clicking “continue” on our Application, you are providing written consent for Spearfish and our affiliate companies and business partners to obtain and review your consumer and business credit reports. The “soft pull” initiated by Spearfish will not affect your credit score, but credit inquiries by our business partners may impact your credit score.

The information from your credit report, among other considerations, will be used in determining your eligibility for certain financial products in the assessment of the financial readiness of your business to receive funding.

You understand that our partners, at their sole discretion, may approve or decline your application and may or may not provide us with the details of their decision. The credit inquiries conducted by our business partners may or may not have an impact on your personal credit score.

You understand and agree the Spearfish cannot guarantee that your application will result in approval, or submission for approval, for any business funding products offered through our services.

Consent to Contact and Receive Electronic Communications

Accepting these Terms of Use means you explicitly authorize Spearfish, our representatives, affiliates, and business partners to contact you by telephone, fax, e-mail, physical mail, and Short Messaging Service (SMS).

We, or any agent or representative acting on our behalf, may contact you by any means and for any reason, including but not limited to; fulfilling your request for business funding, communicating information on the status of your business funding, marketing additional products or services, and delivering disclosures, notices, and agreements.

You understand that anyone with access to your telephone, phone number, email account, or other owned electronic communication devices may listen to or read the messages that Spearfish or our partners leave or send you, and you agree that we will have no liability for anyone accessing such messages.

You understand that you may be charged for the use of such services, and Spearfish and our partners cannot be held liable for any charges incurred by use of these communications or the platforms they rely upon.

Below you will find further acknowledgements in your consent to receive electronic communications, as well as your options and instructions for withdrawing your consent.

Email

You expressly agree to receive electronic communications from Spearfish to any email address provided by you at any time, unless and until you withdraw your consent in writing.

You agree to allow Spearfish to respond to any inquiries by email, and to forward your inquiry to the appropriate representative or partner to whom the inquiry should be directed.

You understand and acknowledge that receiving disclosures, notices, and agreements via email is required to fulfill your request for business funding.

You may withdraw your consent to receive marketing or other automated emails at any time by clicking “unsubscribe” at the bottom of the Spearfish email you receive, but this will not prevent us from contacting your email with relevant updates or information regarding the status of your application for business funding or providing relevant account details.

During the application process you may withdraw your consent to receive all emails by contacting data@spearfishcap.com, but understand that doing so will prohibit you from using our services or accessing any funding products offered through the site.

Phone

You authorize Spearfish and our partners to contact you using any telephone numbers, including but not limited to; landline, mobile, and VOIP numbers, that you supply.

You agree that we may use prerecorded messages when leaving voicemails and may use automatic dialing technology to contact you.

You understand and acknowledge that receiving phone calls from Spearfish and our business partners is required to fulfill your request for business funding and to manage that relationship.

You may request that we do not contact a specific number by communicating with us your preferred contact number, but this will not prevent us from calling any other phone numbers you have provided when you cannot be reached.

During the application process you may withdraw your consent to receive all calls from Spearfish by emailing us at data@spearfishcap.com and requesting to be placed on our “do not call” list.

SMS

By providing Spearfish with your mobile telephone number, you consent to receive Short Message Service (SMS) communications, or “text” messages, to each mobile device provided by you.

You agree that we may send you pre-written messages using an automatic dialing system, or messages sent directly by any Spearfish representative servicing your request for business funding.

Receiving text messages to your mobile device is not required to use our Site and services, and you may withdraw your consent at any time.

To withdraw consent (opt-out), from SMS you can text the word “STOP” in reply to any text message you receive from us and you will not receive further SMS to that number once we process your request.

In the event that incoming or outgoing messages are delayed, carriers are not liable for delayed or undelivered messages.

To receive help via SMS, please reply “HELP”, which will then respond with the following instructions. “Looking for more information? Give us a call at 866-878-7764 to speak with a Business Advisor.”

Standard Messaging and data rates may apply.

If a Spearfish representative is communicating with you directly and you request not to receive texts, then you may receive a final confirmation from the representative to your device. You may also withdraw consent by contacting us at data@spearfishcap.com.

Limitations on Withdrawing Consent to Electronic Communications

Please note, if you have previously submitted your information to Spearfish, have provided us multiple phone numbers or email addresses, or have corresponded directly with one of our representatives in addition to using the Site, then we may have duplicate contact information associated with your account.

While we make every effort process all requests to withdraw communication consent, you may be still contacted in error. Please notify us at data@spearfishcap.com if such an error occurs and we will take appropriate measures to resolve the issue.

You also acknowledge that withdrawing consent for one form of communication shall be exclusive to that form (for example, “unsubscribing” from emails will not automatically place you on a “do not call” list).

If you have received a funding product through your use of Spearfish services and request to withdraw consent, then the separate terms and conditions of the funding agreement will take precedence, and Spearfish, our business partners, and any representative or agent acting on their or our behalf may contact you by any means and as needed for any purpose, including enforcing contractual or legal rights and obligations.

You further understand and acknowledge that our affiliates, vendors, business parties, or any third parties with whom we have shared your information have their own Terms of Use and Privacy Policies that may differ from our own, therefore requests to withdraw consent must be directed to these third parties and may not be fulfilled in all cases.

Consent to Contact Third-Parties

You understand and agree that you authorize Spearfish to access third-party sites on your behalf for the purpose of servicing your request for business funding.

Spearfish bears no responsibility for the content, or availability of the content, provided by or through the use of third-party sites or APIs.

Monitoring and Privacy

You acknowledge and agree that any of your electronic communications with us, including telephone calls, may be monitored or recorded at any time and without notice.

Monitoring may involve updating an inquiry into your credit, and reviewing your communications with us for quality assurance or training purposes, and to assess your financial readiness to receive business funding now or in the future.

Recording may also include tracking your activity on the Site or saving data files of your communications with Spearfish. All communications are subject to the Spearfish Privacy Policy (found here: https://www.spearfishcap.com/privacy-policy/), which is incorporated by reference in these Terms of Use.

You understand and agree that certain information or communications may be disclosed if required by law or legal process, or at the request of a third-party with reasonable cause, or if necessary to protect, defend, or enforce Spearfish’s rights.

Updating your Information

You authorize Spearfish to consider all information on your application to be true, accurate, and current, unless we are contacted directly and made aware of any changes.

You bear full responsibility for keeping your personal and business information up to date and hereby agree you will contact us immediately of any change to your phone number, email address, physical address, or any other information associated with your account.

Additionally, you agree to promptly notify us of any changes to the business’ location, circumstances, alterations to the legal name of the business entity, restructuring or transfer of ownership, or eligibility for continued use of our services. You may notify us directly through the Site, by contacting your Spearfish representative, or by emailing data@spearfishcap.com.

All relevant notices, disclosure, payments or letters shall be considered received if sent by Spearfish to the contact information you provide. For example, if we send a notice to the email address on your application and you have since changed your email address, that notice will be considered delivered to you by Spearfish.

Spearfish shall not be held responsible for any fees, payment processing errors, or any other damages arising from your negligence in keeping the information on your account current.

Compliance with Laws

You shall comply with all applicable state and federal laws and regulations regarding your use of the Site and services in all your dealings with Spearfish, our affiliates, partners, or other third-parties.

If we suspect or become aware of any potential violation or unlawful use of these Terms of Use or Privacy Policy, we will conduct a thorough investigation and take appropriate action.

You are required to cooperate fully with any investigation by Spearfish, its agent or with law enforcement officials.

You acknowledge that any willful violation of this binding agreement or illicit use of our services could result in civil or criminal penalties.

Timing of Funding

Timing of funding: If you receive approval for funding, the time frame that you receive that funding in, is not guaranteed by Spearfish. It may vary depending on when you provide the necessary information and/or fill out the necessary forms, how quickly you respond to request(s) for follow up communication(s), your bank’s policies, and/or any co-occurring and/or relevant event such as natural or geopolitical disasters, electricity blackouts, or human or technology errors.

Trade Name

Spearfish is a trade name of Spearfish Capital Funding LLC, a New Hampshire-based small business.

Contact Information

If you have any questions regarding these Terms and Conditions, you may contact us via phone, email, or mail:

(855) 401-1888
funds@spearfishcap.com
Mailing address: Spearfish P.O.Box 68, Westmoreland, NH 03467

Last updated Nov. 30, 2022