Terms of Service

1. Acceptance of Terms & Binding Intent

These Terms constitute a “take-it-or-leave-it” legal agreement between you and Prime Lever Capital. Accessing, browsing, registering on, or using our website or Services establishes immediate, binding acceptance of these Terms. If you are accepting these Terms on behalf of a business entity, you represent and warrant that you have full legal authority to bind that entity.

2. What Prime Lever Capital Is (and Is Not)

Prime Lever Capital operates exclusively as a commercial capital advisory firm and loan broker for middle-market and small-to-midsize businesses ($2M–$100M revenue scope).

Prime Lever Capital is not:

• A bank, direct lender, credit union, or depository institution;
• A licensed attorney, certified public accountant (CPA), or registered financial advisor;
• A party to any financing agreement or credit facility established between you and a funding partner;
• An agent, representative, or affiliate of any government agency, including the U.S. Small Business Administration (SBA).

We evaluate commercial financing needs, package application materials, present financing requests to qualified third-party lenders, and advise on transaction structure. All credit, underwriting, interest rate, and funding decisions are made solely by independent third-party lenders in their unreviewable discretion.

Advisors & Information Sharing Authorization: In connection with our advisory process (including the Cash Lever X-Ray), you authorize Prime Lever Capital to share relevant financial records, deal files, and diagnostic findings with prospective third-party lenders, as well as with designated professional advisors involved in your transaction (such as your CPA, attorney, fractional CFO, or business broker).

3. Eligibility & Business Authority

To access our website or engage our Services, you represent and warrant that:

• You are at least 18 years of age (or the legal age of majority in your jurisdiction);
• You possess the contractual capacity and legal authority to enter into a binding agreement on your own behalf or on behalf of the corporate entity you represent;
• You are seeking financing strictly for commercial, business, or investment purposes, and not for personal, family, or household purposes;
• The business you represent is a legally formed, validly existing entity operating in compliance with applicable U.S. federal, state, and local laws;
• All information provided to Prime Lever Capital throughout the advisory process is true, accurate, current, and complete.

4. Broker Services & Partner Compensation

No-Cost Brokerage to Borrowers: Prime Lever Capital does not charge applicants or business owners any upfront, application, processing, or advisory brokerage fees for evaluating or submitting funding requests.

Preliminary consultation, initial deal evaluations, and the delivery of the Cash Lever X-Ray diagnostic are complimentary advisory services provided prior to lender placement. Our recommendation may include advising against new debt capital, and providing such advice does not obligate you to pay any advisory or brokerage fee.

Broker Compensation: Our compensation is paid directly by the funding partner or lender that successfully funds your transaction, typically in the form of a lender referral or origination fee. You acknowledge and agree that:

• The existence of a referral fee paid to us by a lender does not alter or influence the lender’s independent underwriting standards, rates, or approval criteria;
• Required broker fees or referral arrangements will be disclosed in accordance with applicable state commercial financing laws and SBA regulations (including SBA Form 159 disclosures where applicable);
• We reserve the right to decline submitting application packages to lenders or capital sources that do not participate in our standard network agreements.

5. User Obligations & Application Accuracy

In connection with your use of our Services, you agree to:

• Provide complete, accurate, and truthful documentation regarding your business, tax history, personal financial status, bank statements, and ownership structure;
• Promptly update any information that becomes inaccurate or outdated during the deal evaluation process;
• Refrain from submitting applications on behalf of fictitious, dissolved, or unauthorized businesses;
• Refrain from “stacking” commercial debt or submitting conflicting, simultaneous applications without prior written notice to us and prospective lenders;
• Comply with all federal, state, and local regulations, including Bank Secrecy Act (BSA) and Anti-Money Laundering (AML) standards.

Notice Regarding False Statements: Submitting fraudulent, altered, or misleading information or financial statements to Prime Lever Capital or third-party lenders may constitute a federal crime under 18 U.S.C. § 1014 and other state and federal statutes, subjecting offenders to severe criminal penalties and immediate termination of Services.

6. No Guarantee of Approval or Funding Terms

Prime Lever Capital does not guarantee that any lender or capital partner will approve your application, issue a term sheet, or execute funding. We make no representations or warranties regarding specific interest rates, factor rates, loan amounts, repayment terms, equity injection requirements, or closing timelines.

Calculators, capital scan estimators, and informational statements on our website reflect illustrative estimates or historical experience only and do not constitute a formal commitment to fund or an offer of credit.

7. No Legal, Tax, Financial, or Investment Advice

All content, deliverables, templates, financial projections, and consultation provided by Prime Lever Capital are for informational and deal-structuring purposes only. We do not provide legal, accounting, tax, or investment advice. You should consult with your own independent legal counsel, CPA, and financial advisors before entering into any binding commercial financing agreement.

8. Electronic Communications, SMS, & FCRA Authorization

8.1 Credit Bureau Disclosures (FCRA)

By submitting an application or inquiry, you authorize Prime Lever Capital and our network of prospective funding partners to obtain business and consumer credit reports from commercial credit bureaus (such as Experian, Equifax, TransUnion, or Dun & Bradstreet) under the Fair Credit Reporting Act (15 U.S.C. § 1681b). Initial evaluations utilize soft credit inquiries, which do not impact your consumer credit score. Specific funding partners may conduct hard credit inquiries with your explicit consent prior to issuing final loan documents.

8.2 Telephone Consumer Protection Act (TCPA) & SMS Terms

• Program Name & Description: Prime Lever Capital Application Updates. We send transactional, customer care, and application status updates regarding your commercial financing inquiries.
• Opt-In & Consent: By providing your mobile number and opting in on our web forms, you consent to receive SMS communications from Prime Lever Capital via automated CRM systems. Consent is not a condition of applying for or receiving financing.
• Message Frequency: Message frequency varies based on your application activity and deal stage.
• Message & Data Rates: Standard message and data rates may apply depending on your mobile carrier and plan.
• Keywords & Support: Reply STOP to any text message to opt out immediately. Reply HELP for customer support, or email contact@primelevercapital.com.
• Carrier Liability Disclaimer: Mobile carriers and messaging clearinghouses (including AT&T, T-Mobile, Verizon, and Twilio) are not liable for delayed or undelivered messages.

8.3 Electronic Signatures (E-SIGN Act)

You consent to conduct transactions electronically and acknowledge that electronic signatures, click-through agreements, and electronically delivered disclosures satisfy all legal requirements for written, tangible signatures under the federal E-SIGN Act and UETA.

9. Third-Party Lenders & External Links

Funding products offered through our network are underwritten and issued by independent third-party lenders. Prime Lever Capital is not a party to your final financing agreement, promissory note, or security agreement. We do not control, supervise, or assume liability for any third-party lender’s terms, collection practices, or servicing activities. Links to third-party websites are provided solely for convenience, and we assume no responsibility for external content or privacy policies.

10. Intellectual Property Rights & Deliverables

All website content, design elements, graphics, source code, logos, brand assets, calculators, and proprietary methodologies are the exclusive property of Prime Lever Capital or its licensors, protected under U.S. and international copyright and trademark laws.

We grant you a limited, revocable, non-exclusive, non-transferable license to access our website strictly for evaluating our Services. You may not scrape, copy, modify, reverse-engineer, re-distribute, or use website content for commercial exploitation or AI model training without our express written consent. Deliverables prepared specifically for your deal (e.g., loan summaries or financial models) are licensed for use solely in connection with your financing request.

11. Prohibited Conduct & Acceptable Use Policy

You explicitly agree not to:

• Access or extract website data through automated means (bots, scrapers, crawlers, or data-mining scripts);
• Introduce malware, viruses, ransomware, Trojan horses, or malicious code into our systems;
• Probe, scan, or test the vulnerability of our security infrastructure, Cloudflare edge controls, or database environments;
• Misrepresent your identity, impersonate another business, or forge HTTP header information;
• Resell, sublicense, or commercially exploit any aspect of our website or Services.

12. Disclaimers of Warranties

THE WEBSITE AND SERVICES ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PRIME LEVER CAPITAL DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRIME LEVER CAPITAL AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES – INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY – ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE, SERVICES, OR THIRD-PARTY FINANCING AGREEMENTS.

OUR TOTAL AGGREGATE FINANCIAL LIABILITY FOR ANY AND ALL CLAIMS ARISING UNDER OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE GREATER OF:

• ONE HUNDRED U.S. DOLLARS ($100.00); OR
• THE TOTAL AMOUNT OF COMPENSATION ACTUALLY RECEIVED BY PRIME LEVER CAPITAL FROM FUNDING PARTNERS IN CONNECTION WITH YOUR SPECIFIC APPLICATION DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

14. Indemnification

You agree to defend, indemnify, and hold harmless Prime Lever Capital, its parent entities, affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, penalties, and legal expenses (including reasonable attorneys’ fees) arising from:

• Your breach of these Terms or applicable state/federal laws;
• Fraudulent, false, or misleading information submitted in connection with an application;
• Your violation of any third-party right, including intellectual property or privacy rights;
• Any dispute arising between you and a third-party lender or service provider.

15. Termination of Services

Either party may terminate the advisory engagement at any time, with or without cause, upon written notice (email sufficient). We reserve the unilateral right to suspend, disable, or permanently terminate your access to our website or Services immediately, without notice, for any violation of these Terms. Provisions regarding Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Dispute Resolution shall survive termination.

16. Governing Law & Forum Selection

These Terms and any dispute arising out of or related to your use of the website or Services shall be governed by and construed in accordance with the internal laws of the state where Prime Lever Capital maintains its principal place of business, without regard to choice or conflict of law principles.

17. Dispute Resolution, Mandatory Arbitration, & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT IMPACTS YOUR LEGAL RIGHTS.

17.1 Informal Dispute Resolution

Before initiating formal legal action, you agree to contact us at contact@primelevercapital.com with a written statement describing the dispute. The parties agree to negotiate in good faith to resolve the matter informally for at least thirty (30) days.

17.2 Mandatory Binding Arbitration

If informal negotiations fail, any dispute, controversy, or claim arising out of or relating to these Terms, the Privacy Policy, or the Services shall be settled by final and binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

17.3 Class Action & Jury Trial Waiver

YOU AND PRIME LEVER CAPITAL 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. YOU EXPLICITLY WAIVE ANY RIGHT TO A TRIAL BY JURY.

17.4 30-Day Arbitration Opt-Out

You have the right to opt out of this mandatory arbitration provision by sending written notice to contact@primelevercapital.com within thirty (30) days of first accepting these Terms. The notice must state your name, business name, address, and a clear request to opt out of arbitration.

18. Modifications & Miscellaneous Provisions

• Modifications: We reserve the right to update these Terms at any time. Updated versions will be posted with a revised “Effective Date.” Continued use of our site following updates constitutes binding acceptance.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force.
• Entire Agreement: These Terms, together with our Privacy Policy, constitute the complete and exclusive agreement between you and Prime Lever Capital regarding the Services.
• No Waiver: Failure to enforce any right or provision shall not operate as a waiver of future enforcement.

19. Contact Information

If you have questions, legal notices, or feedback regarding these Terms, please contact us at: