Terms of Service

Agreement to these terms

These Terms of Service ("Terms") govern your use of malohncapital.com and its subdomains, including our booking pages (the "Site"), our SMS messaging program, and related communications, operated by Malohn Capital Group ("MCG," "we," "us," or "our"). By accessing or using the Site, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Site.

You must be at least 18 years old to use the Site or our services.

We may update these Terms from time to time by posting the revised version on this page with a new "Last updated" date. Your continued use of the Site after changes are posted means you accept the revised Terms.

Our services

No guarantee of funding. We do not guarantee that you will be approved for any financing, or that you will receive any particular amount, rate, term, or timeline. Examples, funding amounts, rates, timelines, and past transactions shown on the Site are for illustration only, reflect specific circumstances, and are not a promise or prediction of your results. Rates and programs change without notice.

Not financial, legal, or tax advice. Content on the Site, including guides and downloadable resources, is general information only. It is not investment, legal, tax, or accounting advice. Consult your own qualified advisors before making financial decisions. All investments and borrowing involve risk, including the risk of loss.

Engagement agreements control. If you enter into a separate written engagement or services agreement with MCG, that agreement governs the scope of services, fees, payment terms, and any refunds. If it conflicts with these Terms, the engagement agreement controls.

SMS messaging terms

Program description. Malohn Capital Group may send text messages to people who provide their mobile number and separately consent to receive texts. Messages include appointment confirmations and reminders, rescheduling updates, updates about your inquiry or engagement, and customer support. If you separately opted in to marketing messages, we may also send occasional offers and updates about our services.

Consent. Consent to receive text messages is not a condition of any purchase or service.

Opting out. Text STOP to the number that messaged you at any time. We will send one message confirming you are unsubscribed, and you will receive no further texts. To rejoin, opt in again the same way you originally did.

Help. Text HELP for assistance, or contact us at support@malohncapital.com or (646) 809-5505.

Rates and frequency. Message and data rates may apply. Message frequency varies based on your appointments and engagement. Contact your wireless provider with questions about your plan.

Carriers. Supported on all major U.S. carriers, including AT&T, T-Mobile, and Verizon, and most regional carriers. Carriers are not liable for delayed or undelivered messages.

Privacy. See our Privacy Policy. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes.

Calls and email

By providing your phone number and email address, you agree that MCG may contact you by phone and email about your inquiry, appointments, and services. Where required by law, we will obtain your separate consent before contacting you with marketing calls. You may ask us to stop calling or emailing you at any time.

Information you provide

You agree that all information you provide to us, including financial, business, credit, and identity information, is accurate, current, and complete, and that you are authorized to provide it. You understand that lenders rely on this information, and that providing false or misleading information may result in denied applications and may violate law. Our handling of your information is described in our Privacy Policy.

If you post or send us comments, testimonials, or reviews intended for public display, you grant us a non-exclusive, royalty free license to use, reproduce, and display them in connection with our business. This license does not apply to application materials, financial documents, or other private information you provide to us for services.

Intellectual property

The Site and its content, including text, graphics, logos, videos, guides, and downloadable materials, are owned by MCG or its licensors and protected by copyright, trademark, and other laws. You may view and print pages and download resources for your own informational use. You may not copy, modify, republish, distribute, sell, or create derivative works from any Site content without our written permission.

You may not use the Site in any unlawful way, attempt to gain unauthorized access to it, interfere with its operation, or use bots, scrapers, or other automated means to collect content from it.

Third party sites and services

The Site may link to or integrate third party websites and services, including scheduling tools and lender or partner platforms. We do not control and are not responsible for their content, policies, or practices, and a link is not an endorsement. Your dealings with lenders and other third parties, including loan agreements, are solely between you and them.

Disclaimers

The Site and all content, products, and services offered through it are provided "as is" and "as available," without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement, to the fullest extent permitted by law. We do not warrant that the Site will be uninterrupted, error free, or free of harmful components.

Limitation of liability

To the fullest extent permitted by law, MCG and its owners, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost opportunities, or loss of data, arising from your use of the Site or reliance on its content, even if advised of the possibility of such damages. Our total liability for any claim arising from your use of the Site will not exceed one hundred U.S. dollars ($100). Liability relating to services provided under an engagement agreement is governed by that agreement.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

Indemnification

You agree to indemnify and hold harmless MCG and its owners, officers, employees, and agents from any claims, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising from your violation of these Terms, your misuse of the Site, or inaccurate information you provide.

Termination

We may suspend or end your access to the Site at any time, without notice, if we believe you have violated these Terms or acted unlawfully. Sections that by their nature should survive, including those on disclaimers, limitation of liability, indemnification, and disputes, survive termination.

Disputes and governing law

These Terms are governed by the laws of the State of New York, without regard to conflict of law rules. Before filing any claim, you agree to contact us at support@malohncapital.com and try in good faith to resolve the dispute informally for at least 30 days.

Any dispute that is not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association under its applicable rules, except that either party may bring an individual claim in small claims court. You and MCG each waive the right to a jury trial and to participate in a class or representative action. If a separate engagement agreement contains its own dispute resolution terms, those terms control for disputes arising under that agreement.

General

These Terms, together with our Privacy Policy and any engagement agreement you sign with us, are the entire agreement between you and MCG regarding the Site. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our consent.

Contact us

Questions about these Terms can be sent to: