PLEASE READ CAREFULLY.
These Terms of Use contain a binding arbitration agreement and a class-action waiver (Section 15). By using our Services, you agree to resolve disputes individually through binding arbitration and to waive your right to participate in a class action, except as expressly provided.
1. Acceptance of Terms
These Terms of Use ("Terms") govern your access to and use of the ClearValue Lending website at clearvaluelending.com, the on-site application portal, and any related services (collectively, the "Services"), provided by ClearValue Lending ("ClearValue," "we," "our," "us"). By accessing or using the Services, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Services.
2. Description of Services
ClearValue is a small business funding platform — not a lender, broker, or financial advisor. We evaluate funding partners against our underwriting and conduct standards, organize your application data, and route each application to the funding partners ("Funding Lenders") best positioned to fund your business — more than one may review your file and make contact. All financing offers, approvals, denials, rates, fees, and terms are issued by the Funding Lender that makes you an offer, not by ClearValue. Any financing agreement you enter into is directly between you and that Funding Lender, and ClearValue is not a party to that agreement.
ClearValue is compensated by Funding Lenders on closed transactions. We do not charge consumers or borrowers a direct fee for use of our platform unless separately and expressly disclosed in writing and agreed to by you.
3. Eligibility; Commercial Purpose Only
The Services are intended exclusively for use by U.S.-based businesses applying for commercial financing for business purposes. By using the Services you represent and warrant that:
- You are at least 18 years old and have the legal authority and capacity to enter into these Terms;
- You are using the Services solely for business or commercial purposes, and not for personal, family, or household purposes;
- If applying on behalf of a business entity, you have the authority to bind that entity to these Terms and to any financing agreements you accept;
- You are a U.S. citizen, U.S. permanent resident, or otherwise lawfully authorized to apply for commercial financing in the United States; and
- The information you provide is accurate, complete, and not misleading.
4. Application Information; Consent to Share With Lenders
By submitting an application through the Services, you expressly authorize ClearValue to share the information you submit (and any information we collect or generate during the application process, including identity verification, fraud signals, and credit information) with one or more Funding Lenders for the purpose of evaluating your application and offering financing. You authorize Funding Lenders to communicate with you about the application and any resulting offers.
You represent and warrant that all information you submit is true, accurate, complete, and not misleading, and that you have the right to share that information with us and our Funding Lenders. Submitting false information is grounds for immediate denial of your application and may also constitute fraud.
5. Credit Inquiries
You authorize ClearValue and our Funding Lenders to obtain consumer and commercial credit reports, identity verification reports, and similar information about you and your business as part of the application process. Initial pre-qualification typically uses a soft credit inquiry that does not affect your personal credit score; if your application proceeds to a Funding Lender's full underwriting or contract stage, that Funding Lender may obtain a hard credit inquiry. Specific credit-pull mechanics will be disclosed by the Funding Lender before that stage.
6. No Guarantee of Funding; Fair Lending
Submitting an application does not guarantee approval. ClearValue does not guarantee that you will receive any financing offer, that you will be approved by any Funding Lender, or that you will receive any particular amount, rate, fee, or term. Calculator outputs and approval-fit estimates on our Services are illustrative only and do not constitute offers or commitments to lend.
ClearValue does not discriminate against applicants on any basis prohibited by the federal Equal Credit Opportunity Act (15 U.S.C. § 1691 et seq.) and Regulation B (12 C.F.R. Part 1002), the Fair Housing Act, or applicable state and local fair lending laws. Credit decisions — including whether to extend financing, the amount, the rate, the fees, and the other terms — are made by Funding Lenders, which are independently subject to applicable fair lending laws.
7. Third-Party Lenders
The Services include information about and links to Funding Lenders. ClearValue does not endorse, guarantee, or assume responsibility for any Funding Lender's products, services, websites, or actions. Read every contract end-to-end and verify all numbers (amount funded, total payback, factor rate or APR, payment schedule, fees, prepayment treatment) in writing before signing. Any financing agreement you enter is solely between you and the Funding Lender.
8. Not Legal, Tax, or Financial Advice
The content on the Services — including resource articles, calculator outputs, FAQ answers, and any other information — is provided for general educational purposes only and is not legal, tax, accounting, financial, or investment advice. You should consult qualified professionals about your specific situation. ClearValue does not act as your fiduciary, registered investment adviser, attorney, or broker, and no fiduciary, broker-client, or advisory relationship is created by your use of the Services.
9. Communications Consent
By providing your contact information and applicable consent through the Services, you agree to receive communications from ClearValue and Funding Lenders regarding your application, account, customer support, and (where you have opted in) marketing. See our Communications Consent for the specific terms governing telephone calls and SMS/text messages, including consent to receive auto-dialed and pre-recorded communications.
10. Electronic Signatures and E-SIGN Consent
By using the Services, you affirmatively consent under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN) and applicable state Uniform Electronic Transactions Act (UETA) statutes to receive disclosures, notices, agreements, and other records electronically, and you agree that your electronic signature (including by clicking "Submit," "Apply," "Agree," "Accept," or similar) has the same legal effect as a handwritten signature. You represent that you have the hardware and software necessary to access and retain electronic records, including a current web browser (for example, the most recent two major versions of Chrome, Safari, Edge, or Firefox), an email account capable of receiving email from our domains, sufficient electronic storage capacity, the ability to view and save Portable Document Format (PDF) files, and a printer if you wish to retain paper copies. You may withdraw your consent to electronic delivery, update the email address we use to deliver records to you, or request a paper copy of any electronic record at no charge by emailing hello@clearvaluemoney.com. Withdrawing consent may prevent us from being able to provide some or all of the Services.
11. License to Use the Services; Prohibited Conduct
ClearValue grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purpose. You agree not to:
- Use the Services for any unlawful, fraudulent, or unauthorized purpose;
- Interfere with, disrupt, or attempt to gain unauthorized access to the Services or related systems;
- Scrape, crawl, harvest, or otherwise systematically extract content or data from the Services without our prior written consent;
- Submit false, misleading, or fraudulent information;
- Reverse engineer, decompile, or attempt to derive the source code of any part of the Services;
- Use the Services to transmit malware, viruses, or other harmful code;
- Impersonate any person or entity, or misrepresent your affiliation with a person or entity;
- Use the Services in any manner that violates applicable law or these Terms.
12. Intellectual Property
The Services, including all text, graphics, logos, articles, and software, are owned by or licensed to ClearValue and are protected by U.S. and international intellectual property laws. "ClearValue Lending" and our logo are trademarks of ClearValue Lending. You may not use our trademarks without our prior written permission. Aside from the limited license granted in Section 11, no other rights or licenses are granted to you.
13. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, CLEARVALUE DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. CLEARVALUE DOES NOT WARRANT THAT ANY INFORMATION PROVIDED THROUGH THE SERVICES IS COMPLETE, ACCURATE, OR CURRENT, OR THAT ANY FUNDING LENDER WILL OFFER ANY PARTICULAR PRODUCT, RATE, OR TERM.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CLEARVALUE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR ANY FINANCING OBTAINED THROUGH THE SERVICES, EVEN IF CLEARVALUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL CLEARVALUE'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNT, IF ANY, YOU HAVE PAID TO CLEARVALUE DIRECTLY IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). NOTHING IN THESE TERMS LIMITS OR EXCLUDES LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
15. Binding Arbitration; Class Action Waiver
Please read this Section carefully. It affects your legal rights.
Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services (collectively, "Disputes") will be resolved exclusively through final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and Mediation Procedures (or, where applicable, the AAA's Consumer Arbitration Rules). The arbitration will be conducted by a single arbitrator, will take place in Wilmington, Delaware (or, by mutual agreement, by videoconference), and will be governed by the Federal Arbitration Act.
Class action waiver. You and ClearValue agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If this class action waiver is found unenforceable, then the entirety of this Section 15 will be null and void, but the rest of the Terms will continue to apply.
Exceptions. Notwithstanding the foregoing, either party may (a) bring an individual claim in small-claims court for Disputes within the court's jurisdiction; or (b) seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights or stop unauthorized use of the Services pending arbitration.
30-day right to opt out. You may opt out of this arbitration agreement by sending written notice to hello@clearvaluemoney.com within thirty (30) days after first agreeing to these Terms. Your notice must include your name, the email address you used in connection with the Services, and a clear statement that you wish to opt out of arbitration. Opting out will not affect the other provisions of these Terms.
Severability within this Section. Except as expressly provided above with respect to the class action waiver, if any provision of this Section 15 is found to be unenforceable, that provision will be severed and the remainder of this Section 15 (and the remainder of these Terms) will continue in full force and effect.
Survival. This Section 15 survives termination of these Terms or your relationship with ClearValue.
16. Governing Law and Venue
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. Subject to Section 15, any judicial proceeding to enforce an arbitration award or seek the limited equitable relief permitted by Section 15 must be brought exclusively in the state or federal courts located in Wilmington, Delaware, and you consent to the exclusive jurisdiction and venue of those courts.
17. Indemnification
You agree to indemnify, defend, and hold harmless ClearValue and its officers, directors, employees, agents, and affiliates from and against any third-party claims, liabilities, losses, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use or misuse of the Services; (b) your violation of these Terms or applicable law; (c) any information you submit through the Services; or (d) any financing agreement you enter into with a Funding Lender. ClearValue may, at its option, assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with ClearValue's defense.
18. State Commercial Financing Disclosures
For commercial financing extended in California, New York, Utah, Virginia, Georgia, Florida, Connecticut, Kansas, Missouri, Texas, and other states with commercial financing disclosure laws (collectively, "CFDLs"), the Funding Lender will deliver the state-required disclosures — which may include APR or estimated APR, finance charge, total cost of capital, payment schedule, prepayment treatment, and similar contract terms — at the time required by applicable law. ClearValue Lending operates as a funding platform and is not a broker; CFDL broker-disclosure obligations, where applicable, are the responsibility of the Funding Lender. These disclosures are made in connection with the offer or contract; they are not made through this website.
19. Termination
We may suspend or terminate your access to all or part of the Services at any time, with or without notice, including for violation of these Terms or where required by law. You may stop using the Services at any time. Provisions of these Terms that by their nature should survive termination — including Sections 11–17 — will survive.
20. Changes to These Terms
We may update these Terms from time to time. We will post the updated Terms on this page and update the "Effective" date above. Material changes will be communicated through reasonable means, which may include posting a prominent notice on our website or sending email to the address associated with your account. Your continued use of the Services after changes become effective constitutes acceptance of the updated Terms.
21. Miscellaneous
- Entire agreement. These Terms (together with the Privacy Policy and any other policies referenced in the Terms) constitute the entire agreement between you and ClearValue regarding the Services.
- Severability. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.
- No waiver. Our failure to enforce any provision of these Terms is not a waiver of that provision.
- Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, financing, sale of assets, or similar corporate transaction.
- Force majeure. ClearValue is not responsible for delays or failures to perform caused by events beyond our reasonable control.
- Notices. Notices to ClearValue must be sent to hello@clearvaluemoney.com. Notices to you may be sent to the email address associated with your account or posted on the Services.
- Headings. Section headings are for convenience and do not affect interpretation.
22. Contact
For questions about these Terms, please contact us at hello@clearvaluemoney.com.