These Terms of Use ("Terms") are a legally binding agreement between you ("User," "you," or "your") and UpThink Capital LLC and its affiliates ("UpThink Capital," "we," "us," or "our"). By accessing or using upthinkcapital.com (the "Website"), including any content, functionality, and services offered on or through it, you accept and agree to be bound by these Terms and our Privacy Policy.
If you do not agree to these Terms, you must not access or use the Website. We may modify these Terms at any time. Your continued use of the Website after changes are posted means you accept the revised Terms.
The Website and our services are intended for:
By using the Website, you represent and warrant that you meet these requirements and that the information you provide is accurate and complete. If you do not meet them, you must not use the Website.
UpThink Capital is a business funding broker. We help businesses find and compare funding solutions from independent third-party funding partners, including:
We are not a direct lender or funder. All funding offers are provided and underwritten by our independent funding partners, and any additional terms and conditions of the funding partner that provides your funding apply. We do not guarantee approval of any application, or any specific rate, terms, or funding.
All information you provide must be accurate, current, and complete. Providing false, misleading, or fraudulent information may result in denial of your application, termination of our services to you, reporting to funding partners or authorities, and potential legal action.
If your application is approved, the specific terms of your funding, including the funded amount, factor rate or interest rate, repayment schedule, payment frequency, and applicable fees, will be set out in a separate Funding Agreement provided to you before disbursement. A Funding Agreement may include:
These Terms do not replace any Funding Agreement. If these Terms conflict with a Funding Agreement, the Funding Agreement controls for that funding transaction. All funding decisions, rates, and terms are determined by the funder based on its underwriting criteria.
There are no upfront application fees. After approval and funding, certain fees may apply, including:
All applicable fees will be disclosed in your Funding Agreement before you accept any offer, and you may review and accept or decline the terms before any funds are disbursed. When we connect you with a third-party funding partner, we may be compensated by that partner.
By submitting your contact information, you consent to be contacted by UpThink Capital and, where applicable, our funding partners, by phone, text message, and email, including by automated dialing or messaging technology, regarding your application, using the contact information you provided. Message and data rates may apply. You may opt out of text messages at any time by replying STOP, and may ask to be removed from our call or email lists by contacting us at deals@upthinkcapital.com. Consent to marketing calls or texts is not a condition of receiving funding.
You agree to use the Website only for lawful purposes and in accordance with these Terms. You agree not to:
The Website and its contents, features, and functionality, including all information, text, graphics, logos, images, videos, the UpThink Capital name, the UpThink Capital shield logo, and the design, selection, and arrangement of these, are owned by the Company, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material from the Website except as incidental to normal web browsing, such as caching or printing a single copy for personal reference.
Our collection and use of personal information is governed by our Privacy Policy. By using the Website, you consent to all actions we take with respect to your information in compliance with that policy. During the application process we may collect personal identification information, business information (including your EIN, industry, and revenue), financial documents, and credit information obtained with your consent. We use industry-standard security measures to protect your data and do not sell your personal information to third parties for marketing purposes.
We may partner with third-party lenders, financial institutions, and service providers to fulfill funding requests. When your application is shared with or fulfilled by a third-party partner:
Links to third-party websites on upthinkcapital.com are provided for convenience only. We have no control over, and assume no responsibility for, their content, privacy policies, or practices.
THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.
WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NOTHING ON THIS WEBSITE IS A GUARANTEE OR COMMITMENT TO FUND ANY APPLICATION. ALL FUNDING DECISIONS ARE SUBJECT TO UNDERWRITING REVIEW AND APPROVAL.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL UPTHINK CAPITAL LLC, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, OR ANY SERVICES OBTAINED THROUGH THE WEBSITE, INCLUDING DAMAGES ARISING FROM THE ACTIONS OR DECISIONS OF THIRD-PARTY FUNDING PARTNERS.
THIS INCLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, LOSS OF REVENUE, PROFITS, BUSINESS, ANTICIPATED SAVINGS, USE, GOODWILL, OR DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
You agree to defend, indemnify, and hold harmless UpThink Capital LLC, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including any information or content you submit through it.
All matters relating to the Website and these Terms, and any dispute or claim arising from or related to them, are governed by the laws of the State of Minnesota, without giving effect to any choice or conflict of law provision.
Any legal suit, action, or proceeding arising out of or related to these Terms or the Website must be brought exclusively in the federal or state courts located in Hennepin County, Minnesota. You waive any objection to the exercise of jurisdiction over you by those courts and to venue in those courts.
At the Company's sole discretion, any dispute arising from these Terms or use of the Website, including disputes concerning their interpretation, violation, invalidity, non-performance, or termination, may be submitted to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association, applying the laws of the State of Minnesota.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
If any provision of these Terms is held invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary so the remaining provisions stay in full force and effect.
No waiver by the Company of any term or condition in these Terms is a further or continuing waiver of that term or any other term, and any failure by the Company to assert a right or provision under these Terms is not a waiver of that right or provision.
These Terms, together with our Privacy Policy and any applicable Funding Agreement, are the sole and entire agreement between you and UpThink Capital LLC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, written or oral, regarding the Website.
We may revise and update these Terms from time to time at our sole discretion. Changes are effective when posted and apply to all access to and use of the Website afterward. The "Last updated" date above shows the most recent revision. Your continued use of the Website after revised Terms are posted means you accept them, so please check this page periodically.
Questions about these Terms can be sent to:
UpThink Capital LLC
24 Ave S
St Louis Park, MN 55426
Email: deals@upthinkcapital.com
Phone: 612-556-1999
Website: upthinkcapital.com