These Terms of Service (“Terms”) govern your access to and use of the website located at onyxcapnow.com (the “Site”) and the services offered by ONYX Capital Partners (“ONYX,” “we,” “us,” or “our”). By accessing the Site or submitting an application, you agree to be bound by these Terms. If you do not agree, do not use the Site or our services.
1. About ONYX Capital Partners
ONYX Capital Partners is a private firm that provides invoice factoring (accounts receivable financing), merchant cash advances, business term loans, lines of credit, equipment financing, refinancing, and related working-capital solutions. We are not a bank or depository institution. Funding is subject to underwriting, verification, and execution of separate financing agreements.
2. Eligibility
To use the Site and apply for financing, you represent and warrant that:
- You are at least 18 years of age and have the legal capacity to enter into binding contracts
- You are authorized to act on behalf of the business for which you are applying (if applying on behalf of a company)
- All information you provide is accurate, current, and complete
- Your use of the Site complies with all applicable laws and regulations
3. Use of the Site
You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Site in any way that violates any applicable federal, state, local, or international law
- Attempt to gain unauthorized access to any portion of the Site, other accounts, or computer systems
- Interfere with or disrupt the Site or servers or networks connected to the Site
- Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission
- Transmit any viruses, malware, or other harmful code
- Impersonate any person or entity or misrepresent your affiliation
4. Applications and Financing Services
Submitting an application through the Site does not guarantee approval or funding. All financing is subject to:
- Satisfactory underwriting and verification of invoices, customers, and business information
- Execution of definitive financing agreements that will contain additional terms, conditions, fees, and representations
- Our sole discretion to approve, decline, or condition any request for financing
The information presented on the Site (including advance rates, funding timelines, and product descriptions) is for general informational purposes only and does not constitute an offer, commitment, or guarantee of terms. Actual terms are determined on a case-by-case basis and set forth in the applicable financing documents.
5. No Professional Advice
Content on the Site is provided for general information only and does not constitute legal, financial, tax, or other professional advice. You should consult your own advisors before making any financing or business decisions.
6. Intellectual Property
The Site and its entire contents, features, and functionality (including but not limited to text, graphics, logos, images, and software) are owned by ONYX Capital Partners or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise use any content from the Site without our prior written consent.
7. Disclaimer of Warranties
THE SITE AND ALL CONTENT, MATERIALS, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, ONYX DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ONYX CAPITAL PARTNERS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SITE OR ANY SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).
9. Indemnification
You agree to defend, indemnify, and hold harmless ONYX Capital Partners and its officers, directors, employees, agents, and affiliates 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 Site.
10. Third-Party Services and Links
The Site may contain links to third-party websites or services that are not owned or controlled by ONYX. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites or services. You access them at your own risk.
11. Privacy
Your submission of information through the Site is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy carefully.
12. Governing Law and Dispute Resolution
These Terms and any dispute arising out of or related to them or the Site shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in New Jersey, and you hereby consent to the personal jurisdiction and venue therein.
13. Changes to These Terms
We reserve the right to modify these Terms at any time. We will post the updated Terms on this page and update the “Last updated” date. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Site.
14. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
15. Entire Agreement
These Terms, together with the Privacy Policy and any other legal notices or agreements published on the Site, constitute the entire agreement between you and ONYX regarding the Site and supersede all prior or contemporaneous understandings.
16. Contact Information
If you have any questions about these Terms, please contact us:
- Email: info@onyxcapnow.com
- Phone: 201-862-8075
- Mail: ONYX Capital Partners, Ramsey, New Jersey, United States
These Terms of Service are provided for informational purposes. Specific financing transactions are governed by the definitive agreements executed between the parties.