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Terms of Use

Last updated: July 2026

These Terms of Use ("Terms") govern your access to and use of the Five Boroughs Capital website and services provided by Five Boroughs Finance LLC, doing business as Five Boroughs Capital ("Five Boroughs Capital," "we," "us," or "our"). By accessing or using this website, or by submitting an application or other information to us, you agree to these Terms.

About Five Boroughs Capital

Five Boroughs Capital is a commercial financing brokerage. We are not a bank and we are not a direct lender for all products presented. We may submit applications and information you provide to one or more third-party funding providers, lenders, funders, and underwriting partners for their review.

We provide brokerage services for commercial financing options such as merchant cash advances, working capital, business lines of credit, equipment financing, term financing, and SBA-related products. These products are intended for business, commercial, and agricultural purposes and are not consumer financing.

No Guarantee of Approval or Funding

Submitting an application or otherwise contacting us does not guarantee approval or funding. Funding amounts, costs, payments, interest rates, factor rates, fees, repayment terms, and eligibility are determined by the applicable funding provider and are subject to that provider's underwriting review, criteria, and applicable law.

Any estimates, ranges, or example figures shown on this website (including in graphics, calculators, or marketing materials) are illustrative only, are not binding financing offers, and do not constitute a commitment to lend or advance funds.

Eligibility and Accuracy of Information

You represent that you are at least 18 years old, are authorized to act on behalf of the business you are applying for, and that all information you submit is true, accurate, current, and complete. You agree to promptly update information as needed and acknowledge that funding providers may rely on this information when making underwriting decisions.

Electronic Communications and Consent

By providing your contact information, you consent to receive communications from Five Boroughs Capital and our authorized representatives electronically, including by email, phone (including autodialed or prerecorded calls), and SMS text message. Message frequency may vary. Message and data rates may apply. Reply STOP to opt out of SMS from a given campaign or HELP for help. See our Privacy Policy for details.

Website Intellectual Property

This website and its content — including text, graphics, logos, icons, images, and software — are the property of Five Boroughs Finance LLC or its licensors and are protected by U.S. and international intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works from any portion of the site without our prior written permission, except for personal, non-commercial use permitted by law.

Prohibited Use

You agree not to:

  • Use the site for any unlawful purpose or in violation of these Terms;
  • Submit false, misleading, or fraudulent information;
  • Attempt to access accounts, systems, or data not intended for you;
  • Interfere with, disrupt, or attempt to bypass security features of the site;
  • Use automated means (bots, scrapers, crawlers) to access the site in a manner that burdens or damages the site; or
  • Reverse engineer or decompile any portion of the site.

Third-Party Links and Services

The site may link to or interoperate with third-party websites, products, or services, including funding providers. We do not control and are not responsible for the content, terms, privacy practices, or performance of any third party. Your use of any third-party site or service is at your own risk and subject to that third party's terms.

Disclaimer of Warranties

The website and its content are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, statutory, or otherwise. To the fullest extent permitted by law, Five Boroughs Capital disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the site will be uninterrupted, error-free, secure, or free of viruses or other harmful components.

Limitation of Liability

To the fullest extent permitted by applicable law, Five Boroughs Capital and its affiliates, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, data, or goodwill, arising from or related to your use of the website or the services, whether based in contract, tort, statute, or otherwise, even if advised of the possibility of such damages.

Indemnification

You agree to indemnify, defend, and hold harmless Five Boroughs Capital and its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to your use of the site, your submissions, or your breach of these Terms or of any law or third-party right.

Governing Law and Disputes

These Terms are governed by the laws of the State of New Jersey, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the site will be resolved exclusively in the state or federal courts located in New Jersey, and you consent to the personal jurisdiction of such courts, except where prohibited by applicable law. Nothing in this section is intended to limit any non-waivable rights you may have under applicable law.

Changes to These Terms

We may update these Terms from time to time. When we do, we will update the "Last updated" date above. Your continued use of the site after changes take effect constitutes acceptance of the updated Terms.

Contact

Questions about these Terms? Email submissions@fiveboroughscapital.com or call (609) 290-2225.