Effective
1. Who we are and what these terms cover
These Terms of Use (the “Terms”) are an agreement between you and Today Capital Group LLC (“TCG”, “we”, “us”). They apply to todaycapitalgroup.com and its subdomains (the “Site”), to the eligibility check and application on the Site, to the client portal, and to the work we do to connect your business with financing (together, the “Services”). Our Privacy Policy explains how we handle your information and is part of these Terms.
“You” means the person using the Site and the business that person is acting for. Anything you agree to, authorise or confirm under these Terms binds both. By using the Site or submitting information through it you accept these Terms. If you do not accept them, please do not use the Site or the Services.
2. What TCG is, and what it is not
TCG is a referral and consulting service. We help businesses prepare a funding request and present it to third-party funders we work with, and we help you understand what comes back. We are not a lender, a bank or a broker-dealer. We do not make credit decisions, fund, service or collect on any financing. Each funder decides independently whether to make an offer and on what terms, including the amount, cost, repayment structure and timing.
Nothing on the Site is an offer or a commitment to provide financing, and using the Services does not guarantee that your business will receive an offer, a particular amount, particular terms or funding by a particular date. Nothing on the Site is legal, tax, accounting or investment advice. Before you accept any financing, read the funder’s documents and consider getting advice from your own accountant or attorney.
3. Who may use the Services
You must be at least 18 years old, be authorised to act on behalf of the business you are applying for, and use the Services only for that business’s own financing needs. The Services are intended for businesses operating in the United States.
4. Your application and the information you give us
You agree that everything you give us, on the Site, in documents, on the phone or in messages, is true, complete and current, and that we and the funders we present your request to may rely on it. If something material changes while your request is open, such as your revenue, your ownership or your existing financing, tell us promptly.
Authorisation to verify information and obtain reports
When you submit an application you authorise TCG, and each funder we present it to, to verify the information you provided and to obtain reports about you and your business for the purpose of evaluating your request. This may include consumer credit reports under the Fair Credit Reporting Act, business credit reports, bank account and transaction information you provide or authorise us to access, and public records. A funder may obtain its own reports under its own authorisation when it reviews your file.
Sharing your request with funders
The purpose of the Services is to present your request to funders. You authorise us to share your application, the documents you provide and the reports we obtain with funders in our network, with their service providers, and with anyone else you ask us to share them with, so that they can evaluate your request and, if they choose, make an offer. We may present your request to more than one funder. Once you deal with a funder directly, that funder’s own agreements and privacy policy govern that relationship.
The Application Agreement
The application on the Site asks you to agree to the “Application Agreement”. It is this. By submitting an application, you, the business and each owner or officer named in it certify that the information in it is true, complete and current, and authorise TCG and its representatives, successors, assigns and designees, together with each funder we present the application to and their service providers (the “Recipients”), to verify it and to obtain consumer and business credit reports, bank and card-processor statements, public records and other information about you and the business from TransUnion, Experian, Equifax and other credit bureaus, banks, creditors and data providers, in connection with commercial financing, including merchant cash advance transactions. You authorise us to share the application and any information obtained with the Recipients for these purposes, you consent to any creditor or financial institution releasing information about you and the business to TCG and the Recipients, and you authorise TCG to communicate with the Recipients and represent you in your dealings with them. The copy of your application we send to funders states this agreement beside your signature.
5. How we may contact you
When you give us your phone number and email address and tick the consent box on the Site, you agree that TCG and people acting on our behalf may contact you about your funding request by phone call, text message and email at the number and address you provided, including with automated technology, and including if your number is on a do-not-call list. Message and data rates may apply. This consent is not a condition of receiving any service: you can always reach us by calling instead.
We may also send you marketing email about our Services at the email address you gave us, whether or not you ticked the consent box. Every marketing email has an unsubscribe link, and unsubscribing does not stop messages about an open request.
You can withdraw consent at any time. Reply STOP to any text message to stop texts, reply HELP for help, use the unsubscribe link in any marketing email, or tell us by phone or email. We will still send messages that are part of handling an open request, such as a sign-in code or a reply to a question you asked, unless you close the request. Calls with us may be monitored or recorded for quality and training, where the law allows.
Mobile carriers are not responsible for delayed or undelivered messages. Message frequency depends on your request and your activity.
6. Electronic communications and signatures
You agree that we may give you notices, disclosures and documents electronically, on the Site, in the portal or by email, and that this satisfies any requirement that they be in writing. You agree that clicking to accept or sign on the Site has the same effect as a signature on paper, consistent with the federal E-SIGN Act. To use the Services you need a device with internet access, a current web browser and an email address you check. You may withdraw this consent by contacting us, in which case we may not be able to continue with your request. Keep your contact details up to date so that notices reach you.
7. Your portal sign-in
The client portal uses a one-time code sent to your email address instead of a password. Anyone who can read email at that address can sign in as you, so keep that mailbox secure and tell us immediately if you think someone else has access to it. You are responsible for what happens in the portal under a code sent to your address until you tell us otherwise.
8. Acceptable use
You agree not to:
- Give false or misleading information, or apply on behalf of a business you are not authorised to represent.
- Use another person’s identity or information without their authority.
- Copy, scrape, crawl or harvest content or data from the Site, or use it to build a competing product or database.
- Interfere with the Site, probe or test its security, bypass its access controls, or introduce anything harmful.
- Use the Site or the Services for any unlawful purpose.
We may suspend or end your access to the Site or the Services if we reasonably believe you have broken these Terms or the law, or to protect the Site, other users or ourselves.
9. Our content
The Site and everything on it, including text, graphics, logos, design, software and the “Today Capital Group” name and mark, belong to Today Capital Group LLC or its licensors. You may use the Site for your own business’s legitimate purposes and may print or save pages for your own records. Any other use, including reproducing, republishing or distributing content, requires our written permission. Articles on the Site are general information; they are not advice about your situation and may not be current when you read them.
10. Third-party sites and services
The Site links to sites and services we do not control, including funders and data providers. We are not responsible for their content, their practices or their agreements with you. Where you choose to use a third-party service through the Site, such as connecting a bank account through a data provider, that provider’s own terms and privacy policy apply to that connection.
11. No warranties
THE SITE AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT THE LAW ALLOWS, TCG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT ANY INFORMATION ON IT IS ACCURATE OR COMPLETE, OR THAT YOUR BUSINESS WILL RECEIVE ANY OFFER OR FINANCING. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
12. Limitation of liability
TO THE FULLEST EXTENT THE LAW ALLOWS, TCG AND ITS MEMBERS, OFFICERS, EMPLOYEES, AGENTS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, DATA OR GOODWILL, ARISING OUT OF OR RELATING TO THE SITE, THE SERVICES, THESE TERMS, OR ANY FINANCING OR DECISION BY A FUNDER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF WE WERE TOLD IT WAS POSSIBLE. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SITE OR THE SERVICES WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID TCG, IF ANY, IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE, OR ONE HUNDRED US DOLLARS. THESE LIMITS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED BY LAW.
13. Indemnification
You agree to defend, indemnify and hold harmless TCG and its members, officers, employees, agents and service providers from any claim, loss, liability or expense, including reasonable attorneys’ fees, arising out of your breach of these Terms, information you provided that was false or misleading, or your misuse of the Site or the Services.
14. Governing law and disputes
These Terms are governed by the laws of the State of California, without regard to its conflict-of-law rules. If you have a dispute with us, contact us first and we will try to resolve it with you informally within thirty days. If we cannot, any claim relating to these Terms, the Site or the Services must be brought in the state or federal courts located in Los Angeles County, California, and you and we each consent to the jurisdiction of those courts. Nothing in this section prevents either of us from seeking an injunction or other equitable relief where the law permits.
15. Changes to these Terms
We may change these Terms from time to time. The date at the top is the date the current version took effect. If a change is material, we will give notice in a reasonable way, such as a notice on the Site or an email to the address on your request. Using the Site or the Services after a change takes effect means you accept the changed Terms.
16. General
These Terms and the Privacy Policy are the entire agreement between you and TCG about the Site and the Services, and replace any earlier terms. If any part of these Terms is found unenforceable, the rest stays in effect. If we do not enforce a provision, that is not a waiver of it. You may not assign these Terms; we may assign them in connection with a merger, acquisition or sale of assets. Funders are not parties to these Terms and have no obligations under them. Sections 2, 4, 9 and 11 through 16 survive any termination of your access.
17. Contact us
Email info@todaycapitalgroup.com, call (818) 351-0225, or write to Today Capital Group LLC, 22837 Ventura Blvd, Woodland Hills, CA 91364.