Terms of Use

Terms of Use between You & BriteCap

You are currently using the BriteCap.com website (the “Site”). BriteCap Financial LLC and its affiliates, including its parent company, subsidiaries, and other entities under common ownership or control, (“BriteCap,” “our,” “we,” or “us”) provide the information and services found on the Site. These Terms of Use (the “Terms or Use” or “Agreement”) govern your use of the Site. You should read them carefully before accessing or using the Site, as your use of the Site constitutes your agreement to be bound by the Terms of Use.

General

BriteCap provides small business customers with working capital loans, merchant cash advances, lines of credit, and related services (the “Services”). We are not investment advisors or financial planners, and we do not provide financial, securities, legal, or tax advice. Before making any financial decision or implementing any strategy you should consider obtaining additional information and advice from your accountant, attorney, and/or other advisors. When we use the term “you,” it means both the individual person using the Site and the business engaging with the Services. Unless otherwise indicated, any agreements, authorizations, or consents made by you or permissions granted to you also apply and are binding on your business seeking our Services.

The Site and the Services are only applicable to and should only be used by people 18 years of age or older. Access and use of the Site by anyone under the age of 18 is strictly prohibited. By using the Site or applying for the Services, you represent and warrant that you are at least 18 years of age and are a legal resident of the United States. You also represent that you have the capacity and authority to bind the business applying for financing. You understand that we will require you to sign a personal guarantee for the financing obtained by the business.

BriteCap reserves the right to modify the Terms of Use at any time without notice, but the most current version of the Terms of Use will always be available to you by clicking on the link at the bottom of the Site. If you find the Terms of Use unacceptable at any time, you may discontinue your use of the Site. By continuing to use the Site after the date of any change to the Terms of Use, including accessing the Site, you agree to be bound by the most recent version of the Terms of Use.

Credit Application Authorization

Submitting a financing application electronically on our Site has the same force and effect as if the application were signed with an original signature. You certify that the financing will be used solely for business and commercial use and not for personal, family, or household purposes. You represent and warrant that you are authorized to enter into contracts on behalf of the business and that the information provided by you in connection with your application is accurate and complete in all respects. You authorize us and our designees, including select other finance companies to obtain from a credit reporting agency consumer and business investigative and credit reports on you personally and your business. You authorize us and our designees to investigate any references or other information obtained from or about you personally and your business. You authorize us to disclose any information provided by you, including your application for financing and accompanying information, to such third-parties as we determine in our sole discretion. You understand and acknowledge that based upon such information and other factors that we may apply, BriteCap will either approve or decline your application for business financing.

Express Consent to be Contacted by Telephone or Text or Other Means

By providing your contact information, you expressly consent to be contacted by us by telephone, text message, email, or postal mail for any purpose.

By providing your phone number(s), you expressly consent to receive calls and text messages, including advertising, marketing, servicing, and collection calls and texts using automated technology, including an automated dialing system, and using artificial and prerecorded messages from us at any telephone number provided, including your cellular telephone number. You agree that this consent applies even if the number(s) you have provided are currently on any state or federal Do-Not-Call registry. You understand and acknowledge that this consent is not a condition to receiving financing from BriteCap and that you may opt out at any time of receiving marketing communications from us by calling us at (888) 796-8717 or emailing us at optout@britecap.com or as further provided in our Privacy Policy.

If your application for business credit is denied, you have the right to request a written statement of the specific reasons for the denial.  To obtain such statement, please email us at compliance@britecap.com or write to us at BriteCap Financial LLC, 330 South Rampart Blvd., Ste. 260, Las Vegas, NV 89145 within 60 days from your receipt of the notice of our decision. We will send you a written statement of reasons for the denial within 30 days of receiving your request.

Identity Verification

To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person and entity applying for credit. Therefore, when you apply for financing with BriteCap, we will ask for your name, address, and other information that allows us to identify you and your business. We may also ask for a valid driver’s license or other identifying documents. You allow us to obtain such information and share the information with third parties to help us verify you and your company’s identity.

In connection with the provision of the Services, you may submit financial information from your business banking account(s). We and our lending partners use this information to make credit decisions, and we may require updates to monitor the performance of your business on an ongoing basis. You may authorize us to retrieve your company information maintained online or otherwise by third-party financial institutions or organizations authorized to house such information.

Notice:  The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act.  The federal agency that administers compliance with this law concerning BriteCap Financial LLC is the Federal Trade Commission, Equal Credit Opportunity, Washington, D.C.  20580.  

Proprietary Rights

All of the pages, screens, and content on the Site or used by the Service are owned and controlled by BriteCap, except as otherwise expressly stated, and are our proprietary property, with all rights reserved. The proprietary material on the Site includes, but is not limited to, the text, design, software, images, graphics, source code, “touch and feel” as well as other content on the Site.

You are authorized to view the information on the Site for your informational purposes only. You may not copy, reproduce, modify, distribute, link to, license, frame, alter, republish, or create derivative works from this content. You also agree not to reverse engineer or reverse compile any of the Services or Site technology.

BriteCap is a service mark of BriteCap Financial LLC. There may be other featured words and phrases used on the Site that are trademarks and service marks owned by BriteCap. You may not use or register anywhere in the world any of BriteCap’s trademarks or service marks without our prior written consent, and then, only under the specific guidelines provided by us.

Authorization to Conduct Business Electronically

By using the Site, you consent to: (a) transact business with BriteCap online and electronically; (b) receive certain disclosures electronically, either via the Site or an email address provided by you; and (c) receive electronically all relevant documents, communications, notices, and contracts related to your business funding application, business financing, servicing, or collection.

To electronically receive, view, and save the Terms of Use and/or disclosures, you must have a personal computer equipped with an up-to-date web browser and either a printer, hard drive, or other storage device. You must also have a valid email address. If your email address changes, please notify us immediately.

Digital Content Disclaimer

By using blog postings, webinars, or other electronic content (Digital Content) provided by us, you agree to the following:

Digital Content is not advice and should not be treated as such. BriteCap excludes all representations, warranties, guarantees, and undertakings related to its Digital Content to the maximum extent permitted by applicable law. You must not rely on the information within Digital Content as an alternative to financial, accountancy, legal, taxation, or other advice from a qualified professional. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of Digital Content information. We do not guarantee that Digital Content is correct, accurate, or complete, or that using Digital Content guidance will lead to any particular outcome or result. You agree not to hold BriteCap liable in any respect for any of the Services or for any business losses, including, and without limitation, loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill, or any special, indirect, or consequential loss or damage related to Digital Content.

Linked Sites

The Site may contain links to websites controlled or offered by third parties (non-affiliates of BriteCap). BriteCap disclaims liability for any third party’s website content, products, privacy policies, or security. In the event you choose to use the services available at a linked site, you agree to read and adhere to the policies and terms of use applicable to that site.

Pre-Dispute Notification

Prior to filing any Claim (as defined below), or initiating a lawsuit or arbitration, you agree to provide written notification to BriteCap of any alleged Claim (the “Notice”) and provide us an opportunity to cure such Claim. The Notice must (1) identify the alleged Claim; (2) provide a statement as to the action required to correct the issue giving rise to the alleged Claim; and (3) provide a date, which shall not be less than 30 days from the date of Notice, by which the corrective action must be taken. If BriteCap takes the requested corrective action within the time period specified in the Notice, then you agree to not file any lawsuit or arbitration demand relating to the identified Claim. Compliance with this paragraph is a condition precedent to bringing any lawsuit or arbitration proceeding against BriteCap.

The Notice by you to BriteCap must be sent via certified or registered mail (or through a private carrier that tracks such correspondence, such as UPS or FedEx) at the address below:

BriteCap
Attention: Legal Department
330 South Rampart Blvd., Ste. 260
Las Vegas, NV 89145

Or via electronic mail at legal@britecap.com

Arbitration Agreement and Class Action Waiver

YOU AND BRITECAP AGREE THAT AT THE ELECTION OF EITHER YOU OR BRITECAP, ALL CLAIMS BETWEEN YOU AND BRITECAP SHALL BE RESOLVED THROUGH MANDATORY BINDING INDIVIDUAL ARBITRATION PURSUANT TO THIS SECTION.

1. This provision is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, other applicable federal law, and, to the extent it is applicable, by Nevada law.
2. Certain portions of this section (this “Section”) of the Terms of Use are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and BriteCap agree that each of the parties intends that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual written agreement.
3. The term “Claim(s)” is to be given the broadest possible meaning, and includes without limitation, disputes arising from or relating to (i) the Site, the Terms of Use, and/or any Services, (ii) any transactions effected through the Site or Services, (iii) terms of, or changes or additions to, the Terms of Use, (iv) any application submitted to BriteCap; (v) advertisements, promotions, or oral or written statements relating to the Site, the Services, or any transactions between us, (vi) disputes between you and BriteCap, or BriteCap’s parent entities, wholly or majority owned subsidiaries, affiliates, predecessors, successors, assigns, agents, independent contractors, employees, officers, directors or other representatives arising between us, (vii) disputes between you and any lending partners relating to the Site, the Services, and/or any application submitted through BriteCap to the lending partners, and (vii) disputes regarding the validity, enforceability, or scope of this arbitration Section or these terms and conditions, including but not limited to whether a given Claim or dispute is subject to arbitration.
4. You and BriteCap agree that any Claim by you against BriteCap (including its parent entities, wholly or majority owned subsidiaries, affiliates, predecessors, successors, assigns, agents, independent contractors, employees, officers, directors or representatives) and any Claim by BriteCap (including its parent entities, wholly or majority owned subsidiaries, affiliates, predecessors, successors, assigns, agents, independent contractors, employees, officers, directors or representatives) against you shall be, at the election of either You or BriteCap, resolved by mandatory binding arbitration within a reasonable period of time not to exceed one-hundred eighty (180) days. You and BriteCap agree that the arbitration shall be administered by either the American Arbitration Association (AAA) (https://www.adr.org/) or JAMS (https://www.jamsadr.com/) in accordance with their respective commercial arbitration rules. Except as otherwise agreed between you and BriteCap, the arbitration shall be conducted by a single arbitrator chosen in accordance with the procedures of AAA or JAMS, and the arbitrator shall base the award on applicable law. The arbitration hearing shall occur in the federal district where you are located, and it may be conducted on the basis of documents only or through a telephone or in-person hearing. The arbitrator’s decisions shall be final and binding, are as enforceable as any court order, and are subject to very limited review by a court as set forth in the Federal Arbitration Act. Judgment on the arbitration award may be entered in any court having jurisdiction.
5. EACH PARTY MAY PURSUE ARBITRATION SOLELY IN AN INDIVIDUAL CAPACITY, AND NOT AS A REPRESENTATIVE OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S OR ENTITY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. YOU AND BRITECAP WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST ANY OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW AGAINST PUBLIC POLICY. TO THE EXTENT ANY PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST ANY OTHER, THE PARTIES HEREBY AGREE THAT: (1) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (2) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
6. If the foregoing provision is deemed by a court or arbitrator to be unenforceable only as to some Claims asserted by a party, then the parties agree in advance that all proceedings relating to the Claims against which this provision is unenforceable should be stayed and not proceed pending the completion of the arbitration proceeding on all remaining Claims.
7. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE MUST BE FILED WITHIN ONE YEAR AFTER SUCH DISPUTE AROSE OR IT WILL BE FOREVER BARRED.
8. The foregoing provisions of this Section will not apply to any legal action taken by BriteCap to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Site, Service, any content, submissions and/or BriteCap’s intellectual property rights.
9. Notwithstanding the foregoing, either party may bring qualifying Claims in small claims court. If such a claim is brought, it must be brought in a small claims court in the federal district where you reside or in Las Vegas, Nevada.

Indemnification

You agree to defend, indemnify, and hold harmless BriteCap, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third-party right, including, without limitation, any copyright, property, or privacy right; or (iv) your violation of any other terms applicable to your use of the Services. This indemnification obligation will survive these Terms of Use and your use of the Site.

Governing Law; Venue and Jurisdiction

By accessing the Site or using the Services, you agree that the laws of the state of Nevada (or the home state of the BriteCap’s lending partners), without regard to any principles of conflict of laws that would require or permit the application of laws of any other jurisdiction, will govern this Agreement or your use of the Site and Services. By using the Site or Services, or by submitting an application for business credit to BriteCap or its lending partners, you agree that you are submitting yourself to the jurisdiction of the courts within the State of Nevada (including federal courts located in the State of Nevada) and waive any jurisdictional venue or inconvenient forum objections to such courts.

Submissions, Reviews, Feedback, and Other Postings

If you submit, upload, or post any comments, ideas, suggestions, information, files, images or other materials to us or the Site, or if you submit any materials through third party services, such as by tagging us on Instagram (collectively, “Submissions”), you represent and warrant that you are the owner of or have the necessary rights and licenses to provide such Submissions. You further agree to, and hereby grant to us, a royalty-free, irrevocable, and fully transferable right and license to use the Submissions at our discretion and to use your name as provided in connection with your Submission or as set forth in your account. Please do not provide any Submissions that (i) are abusive, unlawful, obscene, or harmful, or that could encourage criminal or unethical behavior, (ii) violate or infringes the intellectual property or privacy rights of any person or entity, or (iii) contain or transmit a virus or any other harmful component. We take no responsibility and assume no liability for any Submissions provided by you or any third party, and under no circumstances shall we be liable for any user Submissions, including, but not limited to any loss or damage that results from the Submissions being transmitted or made available on the Site or through the use of the Site and the Services. BriteCap shall not be subject to any obligations of confidentiality regarding such Submissions except as may be expressly agreed in writing by BriteCap or as otherwise specifically required by law.

Sweepstakes & Other Promotions

From time to time, we may conduct promotions on or through the Site, including without limitation, contests, sweepstakes, and other promotions (“Promotions”). Each Promotion may have additional terms and/or rules of participation (“Promotion Rules”), which will be posted or otherwise made available to you. The Promotion Rules for each Promotion in which you participate will be deemed incorporated into and form a part of this Agreement for the Promotions. It is your responsibility to read the Promotion Rules to determine whether or not your participation, registration, or entry will be valid or restricted, and to determine your participation requirements.

Severability

If any part of this Agreement is void or unenforceable, all remaining terms shall remain valid and enforceable.

How to Contact Us

To contact us for questions or concerns, other than communications related to opting out of marketing communications as described elsewhere in this Terms of Use, please email us at info@britecap.com, call us at 1-866-623-4900 (Monday – Friday 6 a.m. – 6 p.m. PST), or write to us at:

BriteCap
Attn: Customer Service
330 South Rampart Blvd., Suite 260
Las Vegas, NV 89145