Terms & Conditions

Effective and Last Updated: September 17, 2026

These Terms & Conditions (“Terms”) govern your access to and use of apexlendingpartners.com and the websites, forms, communications, application tools, and services made available by Apex Lending Partners (“Apex,” “we,” “us,” or “our”).

IMPORTANT: APEX IS A COMMERCIAL-FINANCING BROKER AND REFERRAL SERVICE, NOT A LENDER. APEX DOES NOT MAKE CREDIT DECISIONS, AND USE OF THE SITE DOES NOT GUARANTEE AN OFFER, APPROVAL, FUNDING, RATE, TERM, OR SAVINGS.

By accessing the Site, requesting information, submitting an inquiry or application, checking an acceptance box, or electronically signing a document, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, do not use the Site or submit information.

1. Commercial Services Only

Apex’s services are intended solely for bona fide business and commercial purposes. Apex does not offer consumer loans or financing for personal, family, or household use. You may not use the Site to seek consumer-purpose credit.

2. Apex’s Role

Apex may collect application information, assist with document preparation, identify potential funding sources, transmit information to providers, facilitate communications, and support a commercial-financing transaction. Apex is not your financial, legal, tax, investment, or fiduciary advisor.

Funding providers are independent third parties. They—not Apex—establish eligibility criteria, conduct underwriting, make approval and pricing decisions, issue offers, provide funds, and determine transaction terms. Apex does not control and is not responsible for a provider’s decision, conduct, underwriting process, timing, products, disclosures, or performance.

Apex may receive compensation from a funding provider or another transaction participant if a transaction is completed. Any provider fees, broker fees, commissions, closing costs, repayment obligations, or other charges applicable to a transaction will be governed by separate written disclosures or agreements. There is no cost merely to submit an application to Apex unless separately disclosed and agreed in writing.

3. Eligibility and Authority

You represent and warrant that:

  • you are at least 18 years old and legally capable of entering into these Terms;
  • you are an owner, officer, authorized representative, or other person with authority to act for the business identified in an inquiry or application;
  • the business is seeking financing solely for a lawful commercial purpose;
  • all information and documents you provide are accurate, current, complete, and not misleading;
  • you are authorized to provide information concerning the business and every owner, guarantor, or other individual identified in an application; and
  • you will promptly disclose material changes and provide additional verification reasonably requested.

You may not impersonate another person, submit forged or altered documents, misrepresent ownership or authority, conceal material information, or use the Site for fraud or unlawful activity.

4. Application and Verification Authorization

By submitting or signing a commercial-financing application, you authorize Apex, its agents and assignees, and potential funding providers, subject to applicable law and the application authorization, to:

  • verify information in the application and supporting documents;
  • contact business and personal references, banks, landlords, vendors, prior financing providers, and other relevant third parties;
  • obtain business credit reports and, when separately authorized and supported by a permissible purpose, personal consumer reports or other background and verification reports;
  • use information to evaluate, arrange, offer, fund, purchase, participate in, service, or collect a commercial-financing transaction; and
  • share application and credit information with potential funding providers and transaction participants for those purposes.

A privacy policy or general use of the Site does not, by itself, authorize a personal credit inquiry. Any authorization required for a consumer report is presented in the application or related transaction documents. You understand that credit inquiries may affect a credit score depending on the type of inquiry and the practices of the credit reporting agency or provider.

5. No Guarantee; Offers and Provider Agreements

Prequalification, estimates, examples, eligibility checks, marketing statements, and preliminary discussions are not binding offers. Financing is subject to verification, underwriting, provider approval, execution of final agreements, satisfaction of closing conditions, and availability.

Rates, fees, repayment amounts, remittance methods, personal guarantees, collateral requirements, and all other transaction terms are determined by the funding provider and set out in the provider’s final written documents. Review those documents carefully before signing. If these Terms conflict with a final agreement between you and a funding provider, the provider agreement governs the financing transaction, while these Terms continue to govern your use of Apex’s Site and services.

6. Electronic Records and Signatures

You consent to conduct transactions electronically and to use electronic records and signatures. You agree that an electronic signature, click, typed name, checkbox, or other electronic action made with intent to sign or accept may have the same force as a handwritten signature to the extent permitted by law.

You must have an internet-connected device, a current browser, and the ability to view, download, and retain PDF files and electronic records. You may request a paper copy or withdraw consent to future electronic records by contacting info@apexlendingpartners.com. Withdrawal will not affect the validity of records or signatures provided before withdrawal and may delay or prevent completion of an online transaction.

Apex may use third-party electronic-signature and document platforms. Their terms and privacy policies may also apply.

7. Communications Consent and Preferences

By providing contact information and initiating an inquiry or application, you authorize Apex and service providers acting on its behalf to contact you about that request, application, document requirements, transaction status, fraud prevention, security, and customer service by telephone, email, or text message. Message frequency varies, and message and data rates may apply.

Marketing calls or texts using an automatic telephone dialing system, artificial or prerecorded voice, or similar technology will be made only where permitted and with any consent required by law. Consent to marketing communications is not a condition of obtaining services. You may revoke marketing consent through a reasonable method, reply STOP to text messages, use an email unsubscribe link, or contact us. Requests may take a reasonable time to process, and transactional or legally required communications may continue.

Calls may be monitored, recorded, transcribed, or analyzed for quality assurance, training, security, fraud prevention, compliance, and operational purposes where permitted by law. See our SMS/Text Messaging Terms.

8. Privacy and Security

Our collection and handling of information are described in the Privacy Policy, which is incorporated into these Terms. You agree to use approved secure methods for sensitive documents and not to send unencrypted Social Security numbers, bank statements, account credentials, or similar information through ordinary email unless specifically instructed to use a secure method.

9. Acceptable Use

You may use the Site only for lawful purposes. You may not:

  • submit false, fraudulent, stolen, altered, or unauthorized information or documents;
  • attempt to gain unauthorized access to accounts, systems, data, or restricted areas;
  • introduce malware, scrape or harvest data, interfere with Site operation, or evade security controls;
  • reverse engineer, copy, frame, mirror, or commercially exploit the Site except as allowed by law;
  • use automated means to access the Site without written permission; or
  • violate another person’s privacy, intellectual-property, contractual, or legal rights.

We may suspend or terminate access, reject an application, preserve evidence, or report suspected fraud or unlawful activity when reasonably appropriate.

10. Third-Party Services and Links

The Site may use or link to independent funding providers, electronic-signature platforms, banks, credit services, analytics providers, communication tools, and other third parties. Apex does not control and does not endorse or warrant independent third-party services merely by linking to or integrating them. Your dealings with a third party are governed by your agreements with that party.

11. Intellectual Property

The Site and its text, graphics, logos, software, design, compilation, and other content are owned by Apex or its licensors and are protected by intellectual-property laws. Subject to these Terms, Apex grants you a limited, revocable, nonexclusive, nontransferable license to use the Site for its intended commercial-financing purpose. No other rights are granted.

12. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND APEX’S SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” APEX DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

Apex does not warrant that the Site will be uninterrupted or error-free, that information will be complete or current, that defects will be corrected, or that any applicant will receive an offer or obtain a particular result. Some jurisdictions do not allow certain disclaimers, so portions of this section may not apply.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, APEX AND ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOST PROFITS, REVENUE, DATA, BUSINESS, OR OPPORTUNITY; OR THE ACTS, OMISSIONS, TERMS, OR DECISIONS OF AN INDEPENDENT FUNDING PROVIDER OR OTHER THIRD PARTY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

To the maximum extent permitted by law, Apex’s aggregate liability arising from the Site or services will not exceed the greater of (a) $100 or (b) the amount you paid directly to Apex for the specific service giving rise to the claim during the twelve months preceding the event. This limitation does not apply to liability that cannot lawfully be limited.

14. Indemnification

To the extent permitted by law, you and the business you represent agree to defend, indemnify, and hold harmless Apex and its owners, officers, employees, agents, and affiliates from claims, losses, liabilities, damages, judgments, penalties, and reasonable costs, including attorneys’ fees, arising from: (a) your breach of these Terms; (b) false, misleading, unauthorized, or unlawful information or documents you provide; (c) your misuse of the Site; (d) your violation of law or another party’s rights; or (e) a dispute between you and another owner, guarantor, representative, provider, or third party. This obligation does not apply to the extent a claim results from Apex’s conduct for which indemnification is prohibited by law.

15. Dispute Resolution; Binding Arbitration; Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHT TO GO TO COURT.

Before filing a claim, the complaining party must send a written notice describing the dispute, supporting facts, requested relief, and contact information. Notice to Apex must be sent to info@apexlendingpartners.com and by certified mail to the address in Section 22. The parties will attempt in good faith to resolve the dispute for at least 30 days after receipt.

Except for an eligible individual action in small-claims court or a request for temporary injunctive relief to protect confidential information, data security, or intellectual-property rights, any dispute arising from or relating to these Terms, the Site, or Apex’s services will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) before one arbitrator under the AAA rules applicable to the dispute. The arbitration will take place in New York County, New York, or remotely by video or telephone if the arbitrator permits. The Federal Arbitration Act governs this section.

Claims may be brought only on an individual basis. Neither party may participate in a class, collective, consolidated, mass, private-attorney-general, or representative action or arbitration. The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that party’s claim.

If the class-action waiver is finally determined unenforceable for a particular claim, that claim must proceed in a court of competent jurisdiction and not in arbitration. If any other portion of this section is unenforceable, it will be severed and the remainder enforced.

You may opt out of this arbitration provision by sending an email with the subject “Arbitration Opt-Out” to info@apexlendingpartners.com and certified mail to the address in Section 22 within 30 days after you first accept these Terms. Your notice must identify you and the business you represent and clearly state that you reject arbitration. Opting out affects only this arbitration provision.

16. Governing Law and Venue

These Terms are governed by the laws of the State of New York, without regard to conflict-of-laws principles, except that the Federal Arbitration Act governs arbitration. For disputes not subject to arbitration, you consent to exclusive jurisdiction and venue in the state or federal courts located in New York County, New York, unless applicable law requires otherwise.

17. Compliance With Law

Each party remains responsible for its own compliance with applicable law. Nothing in these Terms waives a non-waivable right or remedy. If a law, rule, or regulation applies notwithstanding the commercial purpose of the transaction, these Terms will be interpreted to comply with that requirement.

18. Changes to the Site or Terms

We may change or discontinue the Site or services and may update these Terms. The updated version will be posted with a revised effective date. Changes apply prospectively from posting unless applicable law requires additional notice or consent. The Terms in effect when you submitted a completed application will continue to govern that submission unless you agree otherwise or the change is required by law.

19. Suspension and Termination

We may suspend or terminate your access to the Site at any time when reasonably necessary to protect security, prevent fraud, comply with law, enforce these Terms, or discontinue a service. Sections that by their nature should survive—including ownership, disclaimers, limitations, indemnification, dispute resolution, and recordkeeping—will survive termination.

20. Assignment

You may not assign these Terms without Apex’s prior written consent. Apex may assign these Terms in connection with a merger, reorganization, sale of assets, financing, or transfer of all or part of its business, subject to applicable law.

21. Entire Agreement; Severability; No Waiver

These Terms, the Privacy Policy, any applicable application authorization, and any additional terms presented for a particular service constitute the agreement between you and Apex concerning the Site and Apex’s services. Provider transaction documents are separate agreements. If a provision is unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will remain effective. Failure to enforce a provision is not a waiver.

22. Contact and Legal Notices

Apex Lending Partners
Attn: Legal Notice
8 Johnson Street
Staten Island, NY 10309
Email: info@apexlendingpartners.com
Phone: (844) 909-2884