Terms of Use

Effective Date: Sep 1, 2025

Welcome to Peak Financial ("Peak Financial", "we", "us", or "our"). These Terms of Use ("Terms") govern your access to and use of our website at https://peakfinancialco.com (the "Site"), as well as the services we provide through the Site and our client support (together, the "Services").

By accessing or using the Site or Services, you agree to be bound by these Terms, our Privacy Policy, and our Cookie Notice. If you do not agree, you may not use the Site or Services.

1. Our Role – Not a Lender

Peak Financial is not a lender, creditor, or provider of merchant cash advances ("MCAs"). We do not originate, underwrite, or fund any financing. Instead, we operate solely as a credit broker / referral service. We gather business information through a unified application form and share it with multiple third-party MCA providers ("Partners").

Our Services are designed to help you more easily apply to several Partners at once. All financing offers and contracts are made directly between you and the Partner(s) you choose. Peak Financial does not make credit decisions, guarantee approval, or control any Partner’s underwriting criteria, terms, or availability.

2. Eligibility & Business Purpose

  • You must be at least 18 years old and legally authorized to act on behalf of your business.
  • Our Services are intended for business purposes only. They may not be used for personal, family, or household purposes.
  • Peak Financial makes no guarantee that any financing will be offered to you, or that any Partner will be willing to extend financing.

3. Your Application & Information

When you submit an application through our Site:

  • You agree that all information you provide is true, accurate, and complete.
  • You authorize Peak Financial to share your application and supporting documents (such as bank statements) with our Partners for evaluation.
  • You understand that Partners may require additional information and may independently perform credit checks, request bank access, or obtain reports.Peak Financial does not perform any credit checks itself.

4. Partner Relationships

Peak Financial receives referral commissions from Partners if you choose to enter into an MCA or related financing with them. Our Services are free of charge to you. All available offers from our Partners are displayed; we do not charge you any fees or preferentially rank offers.

5. No Financial, Legal, or Tax Advice

Peak Financial is not a financial advisor, accountant, or attorney. The Services are provided solely to assist in facilitating applications with Partners. You should seek independent financial, legal, or tax advice before entering into any financing agreement.

6. Communications & E-SIGN Consent

By using the Services, you consent to:

  • Electronic Communications: We may provide disclosures, agreements, notices, and other communications electronically (by email, website posting, or other digital means). You agree these electronic communications satisfy any legal requirements for “in writing.”
  • Text Messages & Calls: You authorize Peak Financial and our service providers to contact you by phone or SMS/text message (including via autodialer or prerecorded voice) at the numbers you provide, for both transactional and marketing purposes. Message and data rates may apply. You may opt out at any time by following instructions in our messages.

7. Cash Advance Calculator & Tools

Our Site may include calculators, estimators, or comparison tools. These tools are provided for informational purposes only and do not constitute an offer, commitment, or guarantee of financing. Actual offers may differ significantly and are subject to Partner review.

8. User Content

If you upload or submit documents (e.g., bank statements), you grant Peak Financial a limited license to use, reproduce, and share such content with Partners solely for the purpose of providing the Services. You represent that you have the right to provide such documents.

9. Intellectual Property

The Site, Services, and all associated content are owned by Peak Financial or our licensors. You may not copy, modify, distribute, reverse engineer, or exploit them except as expressly permitted by these Terms.

10. Prohibited Uses

You agree not to use the Site or Services:

  • For any unlawful purpose,
  • To submit false or misleading information,
  • To interfere with or disrupt the Site or Services, or
  • To attempt unauthorized access to our systems or data.

11. No Warranty

The Services are provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied. Peak Financial does not warrant that the Site will be uninterrupted, error-free, or secure.

12. Limitation of Liability

Because our Services are provided free of charge, you agree that Peak Financial’s liability to you is $0. In no event shall Peak Financial be liable for indirect, incidental, consequential, or punitive damages.

13. Indemnification

You agree to indemnify and hold harmless Peak Financial, its affiliates, officers, employees, and agents from any claims, damages, or expenses arising out of your use of the Services or your violation of these Terms.

14. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to conflicts of law.

Any dispute shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. You waive any right to a jury trial or to participate in class actions. Small claims court matters remain an exception.

15. State-Specific Addendum

Certain states regulate “sales-based financing” and/or broker activities. If you apply for financing in one of these states, you acknowledge:

  • California (SB 1235) – Disclosure requirements for commercial financing apply to “providers.” Any required disclosures will be delivered to you directly by the Partner.
  • New York (23 NYCRR Part 600) – Similar sales-based financing disclosures apply. Required disclosures will be delivered by the Partner.
  • Utah (Commercial Financing Registration and Disclosure Act) – Providers are responsible for registration and disclosure.
  • Virginia (Code § 6.2-2231) – Providers must deliver required disclosures to you.
  • Connecticut (PA 23-201) – Providers must deliver required disclosures if applicable.

Peak Financial is not the financing provider. Services may be unavailable in certain states until Partners are properly registered or disclosures can be provided.

16. Changes to Terms

We may update these Terms at any time by posting a revised version on the Site. Continued use of the Site after changes take effect constitutes your acceptance.

17. Termination

We may suspend or terminate your access to the Services at any time, without notice, for conduct that we determine violates these Terms or is otherwise harmful.

18. Contact Us

Peak Financial Co LLC
Phone: (786) 954-8331
Email: [email protected], [email protected]