Terms & Conditions
1. Acceptance of Terms
These Terms & Conditions ("Terms") govern your access to and use of mca.apexcollc.com (the "Website"), operated by Apex & Co LLC ("Company", "we", "us", or "our"). By accessing or using this Website, you agree to be bound by these Terms, our Privacy Policy, and all applicable laws and regulations. If you do not agree, do not use this Website.
2. Business-Purpose Only
This Website and the services offered through it are intended solely for business purposes and business owners seeking financing, including Merchant Cash Advance ("MCA") and related business funding products. By using this Website, you represent that you are acting on behalf of a business and not for personal, family, or household purposes.
3. Our Role – Lead Generator, Not a Lender
Apex & Co LLC is not a lender, bank, or broker of record. We do not make credit decisions, underwrite, or extend funding directly. We operate as a lead generator and marketing platform that:
- Collects information that you provide on the Website
- Matches and routes your information to independent MCA providers, lenders, or brokers
- Uses ping/post and other lead distribution systems to connect you with multiple funding partners
Any offers, terms, rates, fees, or approvals you may receive are provided solely by independent third-party providers and are subject to their separate terms, conditions, and underwriting criteria.
4. No Guarantee of Approval or Specific Terms
Submitting information on this Website does not guarantee:
- Approval for funding
- Any specific funding amount
- Any specific rate, term, or product type
Funding decisions are made exclusively by independent third-party providers based on their own internal criteria and documentation requirements.
5. Ping/Post, Lead Sale & Multiple Contacts
By using this Website, you understand and agree that:
- Your information may be sold, shared, or transferred to multiple lenders, MCA providers, brokers, and funding partners for the purpose of offering financing products.
- We may use ping/post, bidding, and similar lead-distribution technologies to route your information to one or more providers.
- As a result, you may receive multiple calls, emails, and text messages from different funding companies.
6. TCPA Consent for Calls & Texts
By providing your phone number and clicking any button to submit your information, you provide your express written consent under the Telephone Consumer Protection Act ("TCPA") and similar laws to be contacted by:
- Apex & Co LLC, and
- Our third-party lenders, MCA providers, brokers, and affiliates
using:
- Automatic telephone dialing systems
- Artificial or prerecorded voice messages
- SMS/MMS text messages
- Manual calls or emails
You understand that your consent is not a condition of purchase or approval and that message and data rates may apply. Message frequency may vary. You may opt out at any time by replying **STOP** to a text message or by contacting us at info@apexcollc.com.
7. Accuracy of Information
You agree to provide true, accurate, current, and complete information when using this Website and submitting any form. You understand that funding decisions and offers may rely on the information you provide and that knowingly providing false or misleading information may result in denial of funding and/or termination of your access to the Website.
8. Third-Party Providers & Links
Any funding products, services, or offers are provided solely by independent third-party providers. We do not endorse, warrant, or guarantee:
- The financial stability of any provider
- The accuracy of any third-party information or advertisements
- Any specific outcome or performance of a funding product
Your interactions with any third party, including lenders and brokers linked from or connected through this Website, are solely between you and that third party. We are not responsible for any loss, damage, or dispute arising from such relationships.
9. Privacy & Data Rights
Your use of this Website is also governed by our Privacy Policy, which explains how we collect, use, share, and protect your information, how we handle ping/post distribution, and the rights that may apply under laws such as the California Consumer Privacy Act (CCPA/CPRA).
10. Intellectual Property
All content on this Website—including text, logos, graphics, design, layout, and underlying code—is owned or licensed by Apex & Co LLC and is protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, modify, or create derivative works from any part of the Website without our prior written consent.
11. Prohibited Uses
You agree not to use the Website:
- For any unlawful, fraudulent, or abusive purpose
- To scrape, harvest, or collect data without permission
- To interfere with Website security or operation
- To impersonate any person or entity
- To submit information for someone else without authorization
12. Disclaimers
The Website is provided on an "as is" and "as available" basis without warranty of any kind, whether express or implied. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:
- Warranties of merchantability
- Fitness for a particular purpose
- Non-infringement
- Accuracy or completeness of information
We do not guarantee that the Website will be uninterrupted, error-free, secure, or free from viruses or other harmful components.
13. Limitation of Liability
To the fullest extent permitted by law, in no event shall Apex & Co LLC, its owners, employees, agents, or affiliates be liable for any:
- Indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, or business
- Damages arising out of or related to your use of or inability to use the Website
In any case, our total liability to you for all claims arising out of or related to the Website shall not exceed one hundred dollars (USD $100). Some jurisdictions do not allow limitations of liability, so these limitations may not apply to you.
14. Indemnification
You agree to indemnify, defend, and hold harmless Apex & Co LLC and its owners, employees, agents, and affiliates from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
- Your use of the Website
- Your violation of these Terms
- Your violation of any law or third-party rights
15. Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of [Insert State], without regard to its conflict of law principles.
Any dispute arising out of or relating to these Terms or your use of the Website shall be resolved through binding arbitration or in the courts located in [Insert County / State], and you consent to the exclusive jurisdiction and venue of such forums.
16. Changes to These Terms
We may update or modify these Terms at any time by posting a revised version on this page with a new "Last Updated" date. Your continued use of the Website after such changes constitutes your acceptance of the updated Terms.
17. Contact Information
If you have any questions about these Terms, please contact:
Apex & Co LLC
Email: info@apexcollc.com
Website: https://mca.apexcollc.com