These Terms of Use explain how you may access and use the Gate Rock Capital website, online tools, and services we make available to businesses.
Gate Rock Capital (“Gate Rock,” “we,” “our,” or “us”) provides online information, tools, and services related to funding and other small business funding and related services (collectively, the “Services”). These Terms of Use (“Terms”) form a legally binding agreement between you and Gate Rock when you access or use gaterockcapital.com (including any subdomains) or any online experience that links to these Terms (the “Site”).
By visiting the Site, clicking to accept or agree to these Terms (where that option is presented), submitting an inquiry or application, or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and any policies referenced here (including our Privacy Policy).
If you do not agree to these Terms, you must not access or use the Site or Services.
The Site and Services are intended for use by businesses and individuals acting on behalf of a business, not for personal, family, or household purposes. By using the Site, you represent and warrant that:
You may not use the Site or Services if any of these statements are not true for you.
From time to time, you or your business may enter into one or more separate agreements with Gate Rock, such as a funding agreement, loan agreement, promissory note, or other definitive contract (each, an “Additional Agreement”). Those Additional Agreements will set out the specific terms and conditions applicable to the relevant transaction or product.
These Terms govern your use of the Site and Services generally. If there is a conflict between these Terms and an Additional Agreement, the Additional Agreement will control with respect to the specific transaction, product, or subject matter addressed in that Additional Agreement.
We may update or modify these Terms at any time in our discretion. When we do, we will change the “Last updated” date at the top of this page. In some cases, and where required by law, we may provide additional notice (such as a banner on the Site or an email).
Any changes will be effective when posted on the Site, unless a later effective date is stated. Your continued use of the Site or Services after the updated Terms are posted means that you accept the changes. If you do not agree to any updated Terms, you must stop using the Site and Services.
If you submit an inquiry or application for funding through Gate Rock, you understand and agree that we and our service providers, agents, and partners may obtain, verify, and review information about you and your business for legitimate business purposes, including to:
This may include obtaining consumer and/or business credit reports and scores about you, the business, and any owners, guarantors, or authorized representatives, from one or more consumer or business credit reporting agencies or other sources, as allowed by law.
By submitting an inquiry or application, you authorize Gate Rock and our designees to make such credit and background inquiries now and, if your business receives funding or enters into an Additional Agreement, on an ongoing basis as reasonably necessary for servicing, renewals, and related purposes. Where required by law, we will provide you with any legally required notice that a credit report was obtained.
Some parts of the Site or Services may require you to create an account or register by choosing a username, password, and/or other credentials. You agree that:
Gate Rock is not responsible for any loss or damage arising from your failure to maintain the security of your account or credentials.
Our collection, use, and sharing of personal information about you and your business when you use the Site or Services is described in our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy carefully, as it explains what information we collect, how we use and share it, and the choices you may have.
By using the Site or Services, you acknowledge that you have read and understand our Privacy Policy. If you do not agree with our privacy practices, you must not use the Site or Services.
You agree that you will use the Site and Services only for lawful purposes and in accordance with these Terms. You will not, and will not attempt to:
Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate and cooperate with law enforcement authorities in prosecuting users who violate these provisions.
The Site, the Services, and all content and materials on or made available through the Site—including text, graphics, logos, icons, images, software, and their arrangement (collectively, “Content”)—are owned by or licensed to Gate Rock and are protected by copyright, trademark, and other intellectual property laws.
Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site and Content solely for your legitimate internal business purposes in evaluating or using our Services.
Except as expressly permitted in these Terms or with our prior written consent, you may not:
When you visit the Site, submit an inquiry or application, create an account, or send us emails or messages, you are communicating with us electronically. You consent to receive communications from us electronically (including via email, text message, or through the Site) and you agree that such communications satisfy any legal requirement that they be in writing.
If you apply for or obtain funding through Gate Rock, you may be asked to review and accept a separate electronic signature and disclosures agreement (“E-Sign Agreement”). That E-Sign Agreement will govern how you receive disclosures and sign documents electronically in connection with a specific application or Additional Agreement.
By providing your contact information to Gate Rock (including any mobile or landline telephone number, email address, or mailing address), you expressly consent to us and our agents or service providers contacting you using any contact method you provide or that we obtain lawfully from third-party sources, for purposes related to:
You agree that these communications may include calls or text messages made using an automatic telephone dialing system or prerecorded/artificial voice, to any telephone number associated with you or your business (including mobile phone numbers) to the extent permitted by law. Message and data rates may apply.
You understand that your consent to receive marketing calls or texts is not a condition of receiving any Services or funding. You may opt out of marketing communications at any time as described in our communications or in our Privacy Policy, though we may still send non-marketing messages (for example, about an application, account, or payment).
If you choose to enroll in any Gate Rock text message program (for example, application status alerts, account notifications, or marketing messages), you agree to the following additional terms:
Text message delivery may be delayed or impacted by your carrier or other factors beyond our control. We are not responsible for any delays or failures in text message delivery.
The Site may contain links or integrations to third-party websites, services, tools, or platforms (collectively, “Third-Party Services”). These may include, for example, bank- data aggregators, identity verification providers, analytic tools.
We do not control and are not responsible for the content, policies, security, or practices of Third-Party Services. Your use of any Third-Party Service is subject to its own terms and privacy policy, not these Terms or our Privacy Policy. Inclusion of a Third-Party Service or link on the Site does not imply our endorsement.
Information available on or through the Site—including articles, tools, calculators, FAQs, and other content—is provided for general informational purposes only. It is not intended as and should not be relied on as financial, legal, tax, accounting, or other professional advice or as a recommendation regarding any specific transaction or strategy.
You should consult your own professional advisors about any financial, legal, tax, or accounting questions or decisions. Your submission of information through the Site does not guarantee that your business will be approved for funding, offered particular terms, or receive any specific product or service.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, SERVICES, AND ALL CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
WITHOUT LIMITING THE FOREGOING, GATE ROCK SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
We do not warrant that the Site or Services will be uninterrupted, secure, or free of errors, defects, viruses, or other harmful components, or that any particular results may be obtained from use of the Site or Services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GATE ROCK OR ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY:
ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE, SERVICES, OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT ANY LIABILITY IS NOT LAWFULLY EXCLUDED, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR SERVICES WILL NOT EXCEED, IN THE AGGREGATE, ONE HUNDRED U.S. DOLLARS (US$100) OR, IF YOU HAVE ENTERED INTO AN ADDITIONAL AGREEMENT WITH US, THE AMOUNTS PAID BY YOU TO US UNDER SUCH AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, WHICHEVER IS GREATER.
You agree to defend, indemnify, and hold harmless Gate Rock and its affiliates, funding partners, and their respective directors, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR AND OUR RIGHTS. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED BELOW, YOU AND GATE ROCK AGREE THAT ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING TO THE SITE, SERVICES, THESE TERMS, OR ANY RELATIONSHIP BETWEEN US (A “CLAIM”) WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, NOT IN COURT, AND NOT BY JURY TRIAL OR CLASS ACTION.
At either party’s election, any Claim will be submitted to and resolved by final and binding arbitration administered by a nationally recognized arbitration provider (such as the American Arbitration Association (“AAA”) or JAMS) under its applicable commercial rules then in effect, except as modified by this Section 18. The arbitrator, and not any court, will have the exclusive authority to resolve all issues regarding the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of it is void or voidable.
YOU AND GATE ROCK 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, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON OR ENTITY OR OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.
The arbitration will be conducted by a single neutral arbitrator. Unless you and Gate Rock agree otherwise, any arbitration hearing will take place in the federal judicial district where you reside or where your business is located, or another location reasonably convenient to both parties, or may be conducted by telephone or video conference where appropriate.
Either party may bring an individual action in small claims court (or an equivalent court of limited jurisdiction) instead of arbitration, provided the claim is within the scope of that court’s jurisdiction.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CLAIM MUST BE FILED WITHIN ONE (1) YEAR AFTER THE FACTS GIVING RISE TO THE CLAIM FIRST OCCURRED; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED.
If you do not wish to be bound by this arbitration agreement, you must send us a written notice stating that you wish to opt out of arbitration (including your name, business name, and contact information) within 30 days after you first accept these Terms. Send this notice to the address in Section 23. If you opt out, both you and Gate Rock retain the right to bring claims in court, subject to the other provisions of these Terms.
These Terms and any non-arbitrable disputes arising out of or related to the Site, Services, or these Terms will be governed by and construed in accordance with the laws of the State in which Gate Rock is principally located, without giving effect to any conflict of law rules that would require the application of the laws of another jurisdiction.
Subject to the arbitration agreement in Section 18, you agree that any suit or proceeding not subject to arbitration will be brought exclusively in the state or federal courts located in the state and county where Gate Rock is headquartered, and you consent to the personal jurisdiction of such courts.
Gate Rock is committed to providing access to our products and services for individuals with disabilities. If you have a disability and need a reasonable accommodation to access the Site or our Services, please contact us using the information in Section 23. We may need advance notice in order to provide certain accommodations.
We reserve the right, at any time and without notice, to:
Upon termination of your access or these Terms, any provisions that by their nature should survive (including, without limitation, intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution provisions) will continue to apply.
These Terms, together with any Additional Agreements and any other policies or disclosures referenced here, constitute the entire agreement between you and Gate Rock regarding your use of the Site and Services.
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.
You may not assign these Terms or any of your rights or obligations under them without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction.
Certain state laws may provide additional rights or disclosures. If you apply for funding in a state with specific credit or civil rights requirements, any required notices will be provided to you separately as part of your application or Additional Agreement documentation.
For example, Ohio law requires certain disclosures regarding equal access to credit and separate consumer credit histories. If applicable, the relevant notice will be provided to you in connection with your application.
If you have questions or concerns about these Terms of Use, or wish to exercise any rights described in these Terms or our Privacy Policy, you can contact us using the details below:
Email: support@gaterockcapital.com
Phone: +1 (888) 397-8472
Mailing address: Gate Rock Capital, 211 E 43rd St, 7th Flr #384, New York, NY 10017