Terms of use

1. Who we are and what these terms cover

CapFlow Network Inc., a Delaware corporation, operates capflow.net ("CapFlow", "we"). These terms govern use of this website and any information or tools we make available through it. They do not govern a client engagement — if you sign an engagement agreement with us, that agreement controls the work we do for you, and where it conflicts with these terms, the engagement agreement wins.

Fees, who pays them, exclusivity and other engagement terms shown on our website are summaries. Your engagement agreement sets them, and where the website and your agreement differ, the agreement controls.

2. What CapFlow is

CapFlow is a capital markets advisory firm. We represent borrowers and sponsors seeking debt or equity financing, and we run a competitive process among lenders and investors on their behalf.

3. What CapFlow is not

CapFlow is an advisor, not a lender. We do not approve, originate, fund or service any loan, and we do not make credit decisions of any kind. Our pre-underwriting is advisory work: we assess a deal's financials, risks and financing options before approaching lenders, which is a different activity from the credit underwriting a lender performs on its own account. Every credit decision, term sheet, rate, structure and closing condition is the sole decision of the third-party lender or investor offering it. We are not a bank, and we are not an agent, representative or affiliate of the U.S. Small Business Administration or any other government agency.

4. No guarantee of financing

Nothing on this website is a commitment to arrange, provide or procure financing. Indicative terms, ranges, timelines and closing statistics describe past or typical outcomes and are not a promise of any outcome on your transaction. Financing may not be available to you on any terms.

Comparisons on this site describe typical practices for each category of provider. Individual brokers, advisors and banks vary, so confirm services, lender coverage, compensation and commitments in writing.

5. No professional advice

Information on this site is general and educational. It is not legal, tax, accounting or investment advice, and it does not create an advisory or fiduciary relationship. We are not a law firm, an accounting firm, a registered investment adviser or a broker-dealer. Where an engagement touches equity, our role is advisory and introduction-scoped: we advise on equity financing, alone or alongside debt, and may introduce capital providers. We do not effect securities transactions, and we are not a broker-dealer. Engage your own counsel and accountant before signing anything.

6. How we are paid

Your engagement agreement identifies who pays each fee. Depending on the deal, our success fee is paid by the lender at closing or by you, including from loan proceeds.

7. Using this site

Use the site lawfully. Do not scrape it, probe or interfere with it, misrepresent who you are, submit information you have no right to submit, or use it to compete with us or to build a substantially similar service.

8. Your submissions

If you send us information through this site, you confirm you are entitled to share it. You keep ownership of your documents. You grant us a license to use the information and materials you provide for our business purposes, as described in the Privacy Policy, except where a signed agreement with you provides otherwise.

9. Our content

The site, its text, design, data presentations and marks are ours or our licensors'. You may read, share links to and quote brief portions of it with attribution. You may not copy it wholesale, republish it, or use it to train a model.

10. Third-party links and lender materials

We link to third parties and may pass along materials prepared by lenders or investors. We do not control and are not responsible for their content, terms or conduct.

11. Confidentiality of deal materials

Materials you share with us in connection with a transaction are handled confidentially and are shared with prospective lenders and investors only as needed to run your process or with your consent, and, where applicable, under a non-disclosure agreement. Details are in the Privacy Policy.

12. Disclaimers and limitation of liability

The site is provided "as is" without warranties of any kind. To the fullest extent permitted by law, CapFlow Network Inc. is not liable for indirect, incidental, consequential or punitive damages arising out of your use of this site, and our total liability for claims relating to this website is limited to one hundred dollars ($100). This clause limits liability for the website; liability under a client engagement is governed by that engagement agreement.

13. Indemnity

You will indemnify CapFlow Network Inc. against claims arising from your misuse of the site, your breach of these terms, or information you submit that you had no right to submit.

14. Proof, illustrations, and revocations

The financings shown on this site are drawn from transactions completed by CapFlow and from the prior track record of CapFlow's team at earlier firms. They are presented without client names and with industry, region and transaction size generalized. No client relationship, endorsement or recommendation is implied by any card shown.

Ratings come from client surveys, including businesses that consulted us without engaging.

Lender, investor and capital-provider marks shown on this site identify firms CapFlow has worked with. They are used for identification only. No sponsorship, endorsement, affiliation or recommendation by any firm shown is implied, and no firm shown has reviewed or approved this site or its contents.

Selections include both completed financings and engagements in which one or more term sheets were obtained but the financing did not close. A transaction may fail to close for reasons unrelated to the financing work — a seller withdrawing, diligence findings, or a buyer electing not to proceed. Nothing shown should be read as a representation that every engagement resulted in funding.

The term-sheet strip shows pricing taken from real term sheets, commitment letters and approval letters issued to CapFlow clients by third-party lenders. Rates are reproduced as the issuing lender stated them, with index names standardized (for example, "Prime" for a lender's "WSJ Prime"). Amounts are rounded. These are historical, non-binding, and specific to the borrower and transaction to which they were issued; they are not an offer of financing and do not indicate terms available to any other borrower. Rates change, and index-linked pricing moves with the index.

Curated proof is refreshed periodically and entries are removed once they exceed an internal maximum age.

We process revocation requests concerning testimonials or curated static proof promptly.

15. Dispute resolution; arbitration; class-action waiver

Please read this section — it affects how disputes are resolved.

Any dispute arising out of or relating to this website or these terms will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, seated in Maryland, rather than in court. Judgment on the award may be entered in any court of competent jurisdiction.

You and CapFlow each waive any right to a jury trial and to participate in a class, collective or representative action. An arbitrator may award relief only to the individual party seeking it.

Carve-outs. Either party may bring an individual claim in small-claims court, and either party may seek injunctive or equitable relief in court to protect intellectual property or confidential information.

30-day opt-out. You may opt out of this arbitration section by emailing shaun@capflow.net within 30 days of first accepting these terms, stating your name and that you opt out of arbitration. Opting out does not affect any other part of these terms.

16. Changes, termination, governing law

We may change these terms; material changes will be dated at the top of the page. We may suspend or withdraw access to the site. These terms are governed by the laws of Maryland. Subject to section 15, Maryland courts have exclusive jurisdiction over proceedings permitted in court under these terms.

17. Forward-looking statements; no guarantee of results

Statements on this site about outcomes, timelines, interest rates, loan terms, lender interest or the likelihood of obtaining financing are forward-looking statements. They reflect our experience and current expectations. They are not guarantees, promises or predictions of any particular result, and we do not undertake to update them.

Actual results depend on the borrower, the transaction, the decisions of third-party lenders and investors, and market conditions, and they may differ materially from what this site describes. Past financings, term sheets, testimonials and client results shown on this site describe prior work. They do not predict or guarantee the result of any future transaction, including yours.

Nothing on this site is a commitment to lend, an offer of credit or a commitment to arrange financing. Any financing is subject to the lender's own underwriting, approval and documentation.

18. Contact

Questions about these terms? Contact us.

CapFlow Network Inc.
Email: shaun@capflow.net
Phone: 646-798-6960
Address: 1 Rockefeller Plaza, 11th Floor, New York, NY 10020