Terms of Use
Last updated: [OWNER TO CONFIRM: date of publication]
These terms govern your use of themcarescue.com. They are written to be read, not to be skimmed past. If you don't agree with them, please don't use the site.
Pre-launch notice — template pending attorney review
These Terms of Use are a plain-English template prepared for The MCA Rescue. They have not been reviewed by counsel, they are not legal advice, and they are not yet finished. Every highlighted bracket on this page marks a decision or fact only the owner can supply — legal entity name, governing state, venue, liability cap, and whether an arbitration clause and class-action waiver belong here at all.
Do not publish this page until a qualified attorney licensed in the relevant jurisdiction has reviewed and approved it, and until no highlighted brackets remain.
Agreement to these terms
By accessing or using themcarescue.com (the "Site"), operated by [OWNER TO CONFIRM: full legal entity name] doing business as The MCA Rescue, you agree to these Terms of Use. If you are using the Site on behalf of a business, you represent that you have authority to bind that business to these terms.
What this Site is — and what it isn't
The Site provides general information about merchant cash advance debt and about our consulting and negotiation services. It is educational and informational in nature.
- We are not a law firm. Nothing on this Site is legal advice, and using the Site does not create an attorney-client relationship. We do not provide legal representation, we do not interpret your contracts as a matter of law, and we cannot advise you on your legal rights or obligations.
- We are not accountants or tax advisors. Nothing here is tax or accounting advice.
- We do not provide bankruptcy advice. Bankruptcy is a legal process that requires a licensed attorney.
- We are not a credit repair organization offering to remove accurate information from consumer reports, and we make no such claims.
- We are not a lender, broker, ISO or funding source. We do not originate, place, broker or fund merchant cash advances or loans, and we receive no commission or referral compensation from any capital provider.
- We are not an investment or financial advisor, and nothing here is personalized investment or financial advice.
For legal, tax, accounting or bankruptcy questions, consult a licensed professional in your jurisdiction. Please do that before making decisions with legal consequences.
The full versions of these statements, including our not-a-law-firm, not-a-lender and credit-related disclosures, are on the Disclosures page.
No client relationship is created by using this Site
Browsing the Site, using the calculator, or submitting a contact form does not make you a client and does not create any obligation on our part to act for you. A client relationship begins only when both you and we sign a written engagement agreement that describes the services and the fees. Until that happens, nothing is confidential in a legally privileged sense — although we still handle what you send us according to our Privacy Policy.
No guarantees
We do not guarantee any outcome. We do not guarantee that any funder will agree to restructure, that any payment will be reduced by any amount, that any UCC filing will be terminated, that any credit profile will improve, or that any lender will approve you for anything. Results depend on your contracts, your funders, your revenue, your conduct and factors entirely outside our control.
Any figures, ranges, percentages or timeframes on this Site describe historical outcomes across prior files or are explicitly labelled as illustrative examples. They are not predictions, promises, averages or offers, and your results may differ substantially, including a result of no reduction at all. See our Disclosures page.
About the calculator
The MCA true-cost calculator is an educational estimation tool. It produces approximations from the values you type in, using standard arithmetic. It is not a lender disclosure, not a regulatory APR calculation, and not a statement of your actual contractual obligations. Your funding agreements and your funders' payoff figures control. Do not make a financial decision based solely on its output.
Acceptable use
- Don't use the Site for any unlawful purpose or in violation of these terms.
- Don't submit false information, or submit another person's or business's information without their permission.
- Don't attempt to gain unauthorized access to the Site, its servers, or any connected system.
- Don't scrape, harvest, or systematically extract content from the Site, or use automated tools to submit forms.
- Don't interfere with the Site's operation or attempt to overwhelm it.
- Don't copy, republish, or redistribute our content as your own.
Our content
The text, design, layout, logo and other content on this Site are owned by [OWNER TO CONFIRM: full legal entity name] or its licensors and are protected by copyright and trademark law. You may read, print and share pages for your own personal or business use. You may not republish, resell, or use our content commercially without written permission.
Third-party links and services
The Site links to third-party resources, including a scheduling tool and public records search sites. We don't control them, we don't endorse everything on them, and we're not responsible for their content, availability, or privacy practices.
Disclaimer of warranties
The Site and its content are provided "as is" and "as available", without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. We work to keep the Site accurate and current, and we do not warrant that it is free of errors, that it will be uninterrupted, or that any information on it applies to your specific situation.
Limitation of liability
To the fullest extent permitted by law, [OWNER TO CONFIRM: full legal entity name], its owners, employees and contractors will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any lost profits, lost revenue, lost business or lost data, arising out of your use of or inability to use the Site — even if we've been advised such damages are possible.
To the fullest extent permitted by law, our total liability arising out of your use of the Site is limited to [OWNER TO CONFIRM: liability cap, e.g. one hundred dollars ($100) or the amount you paid us in the preceding twelve months]. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.
Nothing in these Terms of Use limits or alters the terms of a signed engagement agreement between us. Where the two conflict, the engagement agreement controls for the services it covers.
Indemnification
You agree to indemnify and hold harmless [OWNER TO CONFIRM: full legal entity name] and its owners, employees and contractors from claims, losses and reasonable legal fees arising from your misuse of the Site, your violation of these terms, or your violation of any law or third-party right.
Governing law and disputes
These terms are governed by the laws of [OWNER TO CONFIRM: state], without regard to its conflict-of-law rules. Any dispute arising from these terms or your use of the Site will be brought exclusively in the state or federal courts located in [OWNER TO CONFIRM: county and state], and you consent to their jurisdiction.
Owner decision required: arbitration and class-action waiver
[OWNER TO CONFIRM: whether an arbitration clause and class-action waiver should be included. This is a significant decision with real consequences for both sides and should be made with counsel, not copied from a template.]
Changes to these terms
We may update these terms from time to time. Changes take effect when posted, and the "last updated" date will change. Your continued use of the Site after an update means you accept the revised terms.
Severability and entire agreement
If any provision of these terms is found unenforceable, the rest remain in effect. These terms, together with our Privacy Policy and Disclosures, make up the entire agreement between you and us regarding your use of the Site.
Contact
Questions about these terms: info@themcarescue.com, (555) 010-0199, or [OWNER TO CONFIRM: business mailing address].