Terms of Service

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, and we do not take deposits. Our products are offered to businesses for commercial purposes only; we do not offer consumer loans, and financing obtained through us may not be used for personal, family, or household purposes.

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
• You are authorized to provide any third-party information you submit, including customer and invoice details
• 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
• Submit false, misleading, or fraudulent information, or apply on behalf of a business without authority
• 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. If anything on the Site conflicts with a signed financing agreement between you and ONYX, that agreement controls.

Statements about speed — such as funding “in as little as 24 hours” — describe typical outcomes after approval under normal conditions. They are not guarantees, and actual timing depends on verification, banking hours, and factors outside our control.

5. Estimator and Illustrative Figures

The Site includes an interactive estimator that models a potential advance based on an invoice amount and advance rate you select. It is provided for illustration only.

• The estimator applies simplified, generic fee assumptions. It does not price your specific transaction.
• Its output is not an offer of credit, a quote, a pre-approval, or a commitment to lend, and creates no obligation on either party.
• Actual advance rates and fees depend on your customers' creditworthiness, invoice terms, industry, concentration, volume, and underwriting, and will be confirmed in writing before you sign anything.

You should not make business decisions in reliance on the estimator's output.

6. No Professional Advice

Content on the Site is provided for general information only and does not constitute legal, financial, tax, accounting, or other professional advice. You should consult your own advisors before making any financing or business decisions.

7. Electronic Communications and Records

By using the Site or submitting an application, you consent to receive communications from us electronically, including by email and, where you have separately opted in, by SMS. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing.

You may withdraw consent to electronic delivery by contacting us, though doing so may prevent us from processing your application. Marketing calls and text messages are governed separately by the optional consent described in our Privacy Policy; that consent is not a condition of applying for or receiving funding, and you may revoke it at any time by replying STOP.

You are responsible for keeping your contact details accurate and for maintaining access to the email address you provide.

8. 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.

9. 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, OR THAT ANY CALCULATION, ESTIMATE, OR OTHER INFORMATION PRESENTED ON THE SITE IS ACCURATE OR COMPLETE.

10. 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).

These limitations apply to your use of the Site. They do not limit the rights or obligations of either party under a separately executed financing agreement, which sets out its own remedies. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages, so some of the above may not apply to you.

11. 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, your submission of inaccurate or unauthorized information, or your use of the Site.

12. Third-Party Services and Links

The Site may contain links to third-party websites or services that are not owned or controlled by ONYX, and relies on third-party providers for hosting and for delivering form submissions. 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.

13. 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.

14. Suspension and Termination

We may suspend or terminate your access to the Site at any time, without notice, if we believe you have violated these Terms or if we discontinue the Site. We may also decline to accept or process any application at our discretion. Termination of access does not affect any rights or obligations that arose before termination, and does not by itself terminate any executed financing agreement.

15. 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.

16. 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.

17. Assignment

You may not assign or transfer these Terms, or any rights or obligations under them, without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets. These Terms bind and benefit the parties and their permitted successors and assigns.

18. Severability and Waiver

If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect. Our failure to enforce any provision is not a waiver of our right to enforce it later.

19. Survival

The sections covering intellectual property, disclaimer of warranties, limitation of liability, indemnification, governing law, and any other provision that by its nature should survive, remain in effect after your use of the Site ends.

20. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices published on the Site, constitute the entire agreement between you and ONYX regarding the Site and supersede all prior or contemporaneous understandings regarding it. Any executed financing agreement governs the financing transaction it covers.

21. 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 and do not constitute legal advice. Specific financing transactions are governed by the definitive agreements executed between the parties. Before relying on these Terms, have them reviewed by counsel licensed in your jurisdiction.