Terms and Conditions
Effective Date: December 11, 2025
1. Agreement to Terms
These Terms and Conditions ("Terms") govern your access to and use of the website elevexcapital.com (the "Website") operated by Elevex Capital ("Company," "we," "us," or "our"). By accessing or using our Website, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Website.
These Terms apply to all visitors, users, and others who access the Website. Additional terms and conditions may apply to specific services, financing transactions, or business relationships, and such terms will be provided separately.
2. Description of Services
Elevex Capital provides commercial equipment payment solutions and financing services to businesses. Our services include direct equipment financing for small and mid-sized businesses; vendor financing programs for equipment sellers; third-party originator (TPO) partnership programs; community bank equipment finance partnerships; and capital markets services. The Website provides information about our services, allows users to submit financing applications, and facilitates communication with our team.
3. Eligibility
Our services are available only to businesses and business representatives. By using this Website or applying for our services, you represent that you are at least 18 years of age; you have the legal authority to bind the business entity you represent; the business is a legally organized entity in good standing; and all information you provide is accurate and complete. We reserve the right to refuse service, decline applications, or terminate relationships at our discretion.
4. Applications and Financing
Application Process
Submission of a financing application through the Website does not guarantee approval or create any obligation on our part to provide financing. All applications are subject to our credit evaluation process, verification of information, and approval at our sole discretion.
Accuracy of Information
You agree to provide accurate, current, and complete information in connection with any application or inquiry. You authorize us to obtain credit reports, verify information with third parties, and conduct such other investigations as we deem necessary to evaluate your application. Providing false, misleading, or incomplete information may result in denial of your application and termination of any existing relationship.
Separate Agreements
If your application is approved, the specific terms of any financing will be set forth in separate agreements, which may include lease agreements, loan documents, security agreements, and other transaction documents. Those agreements, not these Terms, will govern the financing transaction.
5. Intellectual Property
The Website and its entire contents, features, and functionality, including but not limited to all information, text, graphics, logos, images, and software, are owned by Elevex Capital 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, republish, download, store, or transmit any material from our Website without our prior written consent, except for your own personal, non-commercial use in connection with evaluating or using our services.
6. Prohibited Uses
You agree not to use the Website in any way that violates any applicable federal, state, local, or international law or regulation; for any fraudulent purpose or in connection with any fraudulent activity; to transmit any material that is defamatory, obscene, or otherwise objectionable; to impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity; to engage in any conduct that restricts or inhibits anyone's use of the Website; to attempt to gain unauthorized access to any portion of the Website or any systems or networks connected to the Website; or to introduce viruses, malware, or other harmful material.
7. Disclaimer of Warranties
THE WEBSITE AND ALL INFORMATION, CONTENT, AND MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Website will be uninterrupted, secure, or error-free; that any defects will be corrected; or that the Website or the servers that make it available are free of viruses or other harmful components.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ELEVEX CAPITAL, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Our total liability for any claims arising out of or relating to these Terms or the Website shall not exceed one hundred dollars ($100).
9. Indemnification
You agree to defend, indemnify, and hold harmless Elevex Capital, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Website; your violation of these Terms; your violation of any third-party right, including any intellectual property or privacy right; or any claim that your use of the Website caused damage to a third party.
10. Governing Law and Jurisdiction
These Terms and any dispute arising out of or related to these Terms or the Website shall be governed by and construed in accordance with the laws of the State of New Hampshire, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the state and federal courts located in New Hampshire for the resolution of any disputes.
11. Dispute Resolution
Any controversy or claim arising out of or relating to these Terms shall first be submitted to informal negotiations. If the dispute cannot be resolved through informal negotiations within thirty (30) days, either party may pursue formal legal remedies as set forth in the Governing Law section above.
12. Modifications to Terms
We reserve the right to modify these Terms at any time in our sole discretion. If we make material changes, we will update the effective date at the top of these Terms. Your continued use of the Website following the posting of revised Terms constitutes your acceptance of such changes. We encourage you to review these Terms periodically.
13. Termination
We may terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Website will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
14. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if modification is not possible, shall be severed from these Terms. Such modification or severance shall not affect the validity and enforceability of the remaining provisions.
15. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Website, constitute the entire agreement between you and Elevex Capital regarding use of the Website. These Terms supersede any prior agreements or understandings, whether written or oral, regarding the Website.
16. Waiver
No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
17. No Professional Advice
The information provided on the Website is for general informational purposes only and does not constitute professional financial, legal, tax, or other advice. You should consult with qualified professionals before making any financial or business decisions. We do not guarantee any particular outcome from using our services.
18. Third-Party Links
The Website may contain links to third-party websites or services that are not owned or controlled by Elevex Capital. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by or in connection with use of any such websites or services.
19. Contact Us
If you have questions about these Terms, please contact us:
Elevex Capital
Phone: (216) 243-1200
Email: info@elevexcapital.com
