These Terms of Service (“Terms”) govern your access to and use of the website at clearwatercapitalgrp.com and the commercial financing application and brokerage services offered by Clearwater Capital Group (“Clearwater,” “we,” “our”). By using our website or submitting an application, you agree to these Terms.
1. About Clearwater
Clearwater Capital Group is a commercial financing broker and, in certain transactions, a direct funder of working capital advances and small business loans. Clearwater is not a bank. Financing products are offered through Clearwater directly or through a network of licensed commercial lenders and funders. The specific entity funding any given transaction will be identified in your funding agreement.
2. Eligibility
Our services are available only to:
- Legal entities (LLC, corporation, partnership, sole proprietorship) operating in the United States;
- Businesses with a valid Employer Identification Number (EIN) or, for sole proprietorships, a valid Social Security Number;
- Persons age 18 or older with legal authority to enter into binding agreements on behalf of the business.
3. Application process
3.1 Submission
When you submit an application, you authorize Clearwater to use the information you provide, including personal and business information, bank statements, and identification, to evaluate your eligibility for financing and, with your consent, to submit your application to funding partners.
3.2 Accuracy of information
You represent that all information provided to Clearwater is true, complete, and accurate to the best of your knowledge. Submitting materially false information may constitute fraud, may result in denial of financing, and may be reported to law enforcement and industry fraud databases.
3.3 No guarantee of financing
Submission of an application does not guarantee that Clearwater or any funding partner will extend an offer or fund a transaction. All offers are subject to underwriting review, verification of information, and satisfaction of conditions precedent. Funding partners make their own credit decisions.
3.4 No application fees
Clearwater does not charge any upfront fees, application fees, processing fees, or deposits to apply for or to be considered for financing. Origination and related fees, if any, are disclosed in your funding agreement and deducted from advance proceeds at funding, never paid out-of-pocket beforehand.
4. Authorizations and consents
By submitting an application, you authorize Clearwater to:
- Obtain soft credit inquiries and business credit reports for initial eligibility assessment;
- Obtain a hard credit inquiry upon your specific written consent in connection with a particular funding offer;
- Verify information you provide with third-party sources, including bank account verification through services such as Plaid, MX, or Finicity;
- Share your application and supporting documents with prospective funding partners, subject to our Privacy Policy;
- Perform sanctions screening (OFAC/SDN list) as required by US law;
- Contact you at the phone numbers and email addresses you provide regarding your application and account;
- Report the existence and status of your account to business credit bureaus if a funding transaction is consummated.
5. Electronic signatures and communications
You consent to transact business with Clearwater electronically, including the use of electronic signatures under the federal E-Sign Act (15 U.S.C. § 7001 et seq.) and applicable state Uniform Electronic Transactions Acts. See our E-Sign Consent for details on your right to receive paper documents and to withdraw consent.
6. Funding agreements
If Clearwater or a funding partner extends an offer and you accept, a separate funding agreement will govern the terms of your advance or loan, including amount, factor rate or interest rate, payment schedule, term, personal guarantee (if any), ACH authorization, events of default, and reconciliation rights (for sales-based financing). The funding agreement supersedes any inconsistent provision of these Terms with respect to that specific transaction.
7. Nature of merchant cash advances
Certain of our financing products are merchant cash advances: the purchase of a specified portion of your business's future receivables at a discount. A merchant cash advance is not a loan. It is not subject to state usury limits applicable to loans. Repayment is made by delivery of a specified percentage of your gross sales or a fixed daily or weekly ACH amount. The applicable product, structure, and disclosures for your specific transaction will be clearly identified in your funding agreement.
8. Prohibited conduct
You agree not to:
- Submit false, misleading, or fraudulent information;
- Impersonate another person or business;
- Use our services for any unlawful purpose, including money laundering or financing illegal activity;
- Access our systems through unauthorized means, including scraping, bots, or reverse engineering;
- Interfere with or disrupt our services or infrastructure.
9. Intellectual property
The Clearwater name, logo, website design, and all content on our website are owned by Clearwater Capital Group or its licensors and are protected by copyright, trademark, and other laws. You may not reproduce, modify, or distribute any of our content without written permission.
10. Disclaimers
OUR WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, CLEARWATER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.
We do not warrant that our website will be uninterrupted, error-free, or free of harmful components. We do not warrant the accuracy or completeness of information on our website.
11. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, CLEARWATER AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OUR WEBSITE OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY FOR ANY CLAIM RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000).
12. Indemnification
You agree to indemnify and hold harmless Clearwater and its affiliates, officers, employees, and agents from any claim, loss, liability, cost, or expense (including reasonable attorneys' fees) arising out of your breach of these Terms, your violation of applicable law, or any materially false or misleading information you provide.
13. Arbitration and class action waiver
Any dispute, claim, or controversy arising out of or relating to these Terms or our services (excluding specific funding agreements, which contain their own dispute resolution provisions) shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration shall be conducted in the county of our principal office or, at your election, in the county in which your business is principally located.
You and Clearwater agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any class or representative action. The arbitrator may not consolidate claims or preside over any form of representative proceeding.
This arbitration agreement shall be interpreted under the Federal Arbitration Act.
14. Governing law and venue
These Terms are governed by the laws of the State of Delaware without regard to its conflict-of-laws provisions. Any action not subject to arbitration shall be filed in the state or federal courts located in Wilmington, Delaware, and you consent to personal jurisdiction and venue there.
15. Changes to these Terms
We may update these Terms from time to time. The “Last updated” date reflects the most recent revision. Continued use of our website after an update constitutes acceptance of the updated Terms. Material changes affecting active transactions will be communicated by email.
16. Contact
Clearwater Capital Group
efras@clearwatercapitalgrp.com