Legal Notices, Terms of Use, Privacy Policy, and General Disclosures

1.1 bizgrantadvisor.com is a website owned, developed, maintained, and operated exclusively by 610 LLC, a limited liability company duly organized and existing under the laws of the State of Utah, with its principal place of business located at 2901 Bluegrass Blvd, Suite 200, Lehi, UT 84043, operating under the assumed business name “Six10 Capital” (hereinafter referred to collectively and interchangeably as “610 LLC,” “Six10 Capital,” “the Company,” “we,” “us,” or “our”). All funding products, commercial agreements, advance documents, loan instruments, disclosures, and related services offered, presented, referenced, facilitated, or otherwise made available through bizgrantadvisor.com are offered exclusively by and through 610 LLC dba Six10 Capital in its capacity as a commercial funding company organized under Utah law.

1.2 Nothing contained on this Site, in any communication originating from this Site, or in any interaction between you and any representative of bizgrantadvisor.com shall be construed to create, imply, or establish any relationship of agency, partnership, joint venture, employment, franchise, fiduciary duty, or legal representation between you and 610 LLC dba Six10 Capital, or between you and any affiliate, successor, assign, member, manager, officer, employee, or contractor of 610 LLC dba Six10 Capital, except as may be expressly set forth in a separate written and executed funding agreement.

1.3 The Company expressly reserves the right, in its sole and absolute discretion and without prior notice or liability to any party, to modify, suspend, restructure, rebrand, transfer, or permanently discontinue this Site or any portion thereof, at any time and for any reason or no reason, including without limitation for purposes of maintenance, security, regulatory compliance, or business restructuring.

2.1 Eligibility. Access to and use of this Site is permitted only to individuals and entities who meet all of the following criteria: (a) the individual user is at least eighteen (18) years of age; (b) the user is not barred from receiving services of the kind offered by the Company under applicable federal, state, or local law; (c) the user, if acting on behalf of a business entity, has full legal authority and authorization to bind such entity to agreements and to submit information on its behalf; and (d) the user’s access to and use of this Site does not violate any agreement to which the user is a party or any applicable law or regulation. Any use of this Site by any person or entity not meeting these eligibility requirements is expressly prohibited and unauthorized.

2.2 User Representations and Warranties. By accessing or using this Site, you hereby represent, warrant, and covenant to the Company as follows: (a) all information you provide through this Site is true, accurate, current, complete, and not misleading in any material respect; (b) you have not omitted any material information that would be relevant to the Company’s evaluation of your inquiry; (c) you are not submitting information on behalf of any person or entity without full legal authority to do so; (d) your use of this Site is for lawful commercial purposes only and not for any personal, consumer, household, or family purpose; (e) you will not use this Site to engage in any fraudulent, deceptive, abusive, harassing, defamatory, or Unlawful activity of any kind; (f) you will not attempt to gain unauthorized access to any portion of this Site, its underlying systems, servers, databases, or related infrastructure; and (g) you will not use any automated tool, bot, scraper, or similar mechanism to access, index, or extract information from this Site without the Company’s prior written consent.

2.3 Modification of Terms. The Company reserves the right to modify, amend, supplement, or replace these terms and disclosures at any time, in whole or in part, at its sole discretion, with or without prior notice. Any such modifications shall be effective immediately upon posting to this Site unless otherwise stated. Your continued access to or use of this Site following the posting of any modification shall constitute your full and unconditional acceptance of the modified terms. You are solely responsible for regularly reviewing this page to remain informed of any updates. If any modification is unacceptable to you, your sole and exclusive remedy is to discontinue your use of this Site entirely.

2.4 Prohibited Uses. Without limiting the generality of the foregoing, you agree that you will not: (a) reproduce, duplicate, copy, sell, resell, or exploit any portion of this Site without the Company’s express prior written permission; (b) transmit any content that contains viruses, malware, trojan horses, worms, or other harmful code; (c) attempt to reverse engineer, decompile, or otherwise derive the source code of any software underlying this Site; (d) use this Site in any manner that could damage, disable, overburden, or impair its servers or networks; or (e) collect or harvest any personally identifiable information from this Site without authorization.

3.1 bizgrantadvisor.com provides general informational content and referral-related services concerning small business funding opportunities, including but not limited to government grants, private foundation grants, and alternative commercial financing. The Company makes no representation, warranty, guarantee, or assurance of any kind, express or implied, that any user of this Site will qualify for, be approved for, receive, or obtain any grant, loan, advance, line of credit, or other funding product of any nature whatsoever, whether from the Company, any government agency, any private foundation, or any other source.

3.2 Grant programs referenced or discussed on this Site, whether federal, state, local, or private in origin, are administered solely by their respective issuing authorities. The Company has no affiliation with, authority over, or influence upon any such grant program or issuing authority. Eligibility requirements, application procedures, award amounts, deadlines, and availability of any grant program are subject to change at any time without notice and are determined exclusively by the applicable program administrator. The Company assumes no responsibility for the accuracy, completeness, currency, or availability of any grant-related information presented on this Site.

3.3 Any references to funding examples, outcomes, or scenarios on this Site are illustrative in nature only and are provided solely for general informational purposes. Such references do not constitute a promise, prediction, projection, or guarantee of any particular result for any particular user. Past performance and historical outcomes, whether referenced on this Site or communicated through any other channel, do not guarantee, imply, or predict future results of any kind. Each application and each potential funding relationship is evaluated independently on its own merits.

3.4 The Company expressly and unconditionally disclaims all liability of any nature arising from or related to any user’s failure to obtain a grant or any other form of funding, whether or not such user submitted an inquiry through this Site, and whether or not the Company evaluated or communicated regarding such inquiry.

4.1 Nature of Products. bizgrantadvisor.com may present information about, describe, or facilitate introductions to commercial funding products offered by 610 LLC dba Six10 Capital, including without limitation merchant cash advance products (“MCA”), which involve the purchase of a specified amount of a merchant’s future receivables or revenues at a discount, as well as commercial loan products. By using this Site, you expressly understand and acknowledge all of the following without reservation:

• (a) MCA products and commercial loan products are not grants, are not gift funds, and are not free money of any description;
• (b) MCA products involve a cost of capital expressed as a factor rate applied to the purchased receivable amount, which results in a payback amount that exceeds the funded amount;
• (c) Commercial loan products bear interest, fees, and other costs as set forth in the applicable loan agreement and disclosure documents provided at the time of funding;
• (d) The total cost of any funding product, including all fees, factor rate costs, and interest, will be fully and separately disclosed to you in writing prior to your execution of any agreement;
• (e) All funding decisions are made at the sole and absolute discretion of 610 LLC dba Six10 Capital and are subject to underwriting review, verification of submitted information, and satisfaction of applicable credit criteria;
• (f) Submission of an inquiry, application, or any information through this Site does not constitute an application for credit, an offer to extend credit, a commitment to fund, or a guarantee of approval of any kind;
• (g) Qualification for one funding product or at one point in time does not guarantee qualification for any other product or at any future point in time;
• (h) All terms, factor rates, repayment structures, holdback percentages, fees, and conditions applicable to any specific funding transaction are set forth exclusively in the individual funding agreement executed between you and 610 LLC dba Six10 Capital, which shall govern and control in all respects in the event of any conflict, ambiguity, or inconsistency with any information presented on this Site.

4.2 Texas-Specific Disclosure. For applicants whose businesses are domiciled in, or whose funding proceeds are intended for use in, the State of Texas: funding products offered to Texas-based merchants are structured and documented as commercial loans pursuant to 610 LLC’s status as a licensed lender under applicable Texas law. Nothing on this Site constitutes an offer to lend, an offer to purchase receivables, or a solicitation of any funding application in any jurisdiction where such offer or solicitation would be unlawful or would require licensure not held by the Company. It is your responsibility to ensure that your acceptance and use of any funding product complies with all laws applicable to your business and jurisdiction.

4.3 No Broker Relationship. bizgrantadvisor.com does not act as a broker, intermediary, agent, or Representative for any third-party lender, funder, or financial institution. All funding products referenced or offered through this Site are offered directly by 610 LLC dba Six10 Capital as principal. No portion of any fee, origination charge, or cost associated with a funding transaction is paid to any unaffiliated third party as a referral fee or broker commission in connection with inquiries originating from this Site, unless separately disclosed in writing.

5.1 This Site and all content, information, materials, services, and features available thereon are provided on an “as is” and “as available” basis, without any warranty of any kind, express, implied, statutory, or otherwise. To the fullest extent permitted by applicable law, 610 LLC dba Six10 Capital expressly disclaims all warranties of any nature, including but not limited to: (a) any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement; (b) any warranty that this Site will be uninterrupted, error-free, virus-free, secure, or free of other harmful components; (c) any warranty as to the accuracy, completeness, timeliness, reliability, or currentness of any information contained on this Site; and (d) any warranty that defects in this Site will be corrected.

5.2 The Company does not warrant or represent that this Site is appropriate for use in all jurisdictions. Users who access this Site from locations outside the United States do so at their own risk and are solely responsible for compliance with applicable local laws.

6.1 All content published, presented, or otherwise made available on bizgrantadvisor.com — including without limitation all text, articles, summaries, descriptions, calculations, examples, tools, and communications — is provided for general informational purposes only. Nothing on this Site constitutes, and nothing herein shall be construed as constituting, financial advice, investment advice, legal advice, tax advice, accounting advice, regulatory guidance, or any other form of professional advice of any kind.

6.2 The information on this Site is not a substitute for the advice of a qualified attorney, certified public accountant, licensed financial advisor, or other appropriately credentialed professional. Users are strongly encouraged to seek independent professional guidance before making any financial, legal, or business decisions in connection with any information obtained from or through this Site.

6.3 610 LLC dba Six10 Capital expressly disclaims all liability, without limitation, for any action taken, omitted, or delayed by any user in reliance on any content, statement, representation, or information appearing on this Site, including but not limited to any decision to apply for or accept any funding product, to forgo any grant opportunity, or to make or refrain from making any business or financial decision of any kind.

7.1 Collection of Information. bizgrantadvisor.com collects personal and business information submitted voluntarily by users through inquiry forms, contact forms, document upload portals, and other interactive features of the Site. Such information may include, without limitation, your name, business name, business address, telephone number, email address, federal tax identification number, bank account information, financial statements, tax returns, and other business and financial records.

7.2 Use of Information. All information collected through this Site is used solely and exclusively for the purpose of evaluating your funding inquiry, communicating with you regarding potential funding products, and processing any funding transaction you elect to pursue with 610 LLC dba Six10 Capital. We do not use your submitted information for any marketing, advertising, or data analytics purpose unrelated to the direct evaluation and processing of your inquiry.

7.3 Non-Disclosure to Third Parties. As stated prominently above and reiterated here for emphasis: Any and all information, documents, and files submitted to or through bizgrantadvisor.com will not be disclosed, sold, rented, licensed, transferred, or otherwise shared with any third party under any circumstances, with the following narrow and legally compelled exceptions only: (a) where disclosure is required by applicable federal, state, or local law, regulation, or valid legal process, including court order, subpoena, or regulatory demand; or (b) where disclosure is reasonably necessary to prevent, detect, or investigate fraud, material misrepresentation, or activity that poses an imminent threat to the rights, property, or safety of the Company or others. In either such case, the Company will, to the extent permitted by law, provide you with prompt notice of any such required disclosure.

7.4 Security Measures. The Company implements commercially reasonable administrative, technical, and physical safeguards designed to protect submitted information against unauthorized access, acquisition, use, alteration, disclosure, or destruction. Notwithstanding the foregoing, you acknowledge and agree that no method of electronic transmission or storage is entirely secure, that the Company cannot guarantee absolute security of any information transmitted to or through this Site, and that you transmit information at your own risk.

7.5 User Representations Regarding Submitted Data. By submitting any information through this Site, you represent and warrant that: (a) you are the owner of such information or are otherwise fully authorized to submit it; (b) such submission does not violate the privacy rights, contractual rights, or any other rights of any third party; and (c) the submission of such information to the Company is lawful under all applicable laws and regulations.

7.6 Retention. The Company retains submitted information for as long as reasonably necessary to fulfill the purposes described herein, to comply with applicable legal obligations, to resolve disputes, and to enforce its agreements. You may contact us at the address in Section 14 to inquire about the status of your submitted information.

8.1 To the maximum extent permitted by applicable law, in no event shall 610 LLC dba Six10 Capital, nor any of its members, managers, officers, employees, agents, contractors, successors, or assigns (collectively, “Company Parties”), be liable to you or to any third party for any damages of any kind arising out of or in any way related to: (a) your access to, use of, or inability to access or use this Site or any content thereon; (b) any reliance placed by you on information obtained from this Site; (c) your failure to qualify for or obtain any grant, loan, advance, or funding product; (d) any unauthorized access to, alteration of, or loss or destruction of your submitted information; (e) any interruption, suspension, modification, or termination of this Site or any service associated therewith; (f) any delay or failure in performance resulting from causes beyond the Company’s reasonable control, including but not limited to acts of God, governmental action, or third-party system failures; or (g) any other matter relating to your use of this Site, howsoever caused and under any theory of liability, including contract, tort, strict liability, or otherwise.

8.2 The foregoing limitation applies to all categories of damages, including without limitation direct, indirect, incidental, special, consequential, exemplary, and punitive damages, and including without limitation any loss of revenue, profit, business opportunity, data, goodwill, or anticipated savings.

8.3 In any event, the total aggregate liability of the Company Parties for any claim arising out of or related to your use of this Site, regardless of the form or theory of such claim, shall not exceed one hundred United States dollars ($100.00). Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities; accordingly, some of the above limitations may not apply to you to their full extent, but shall apply to the maximum extent permitted by applicable law.

9.1 You agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless the Company Parties from and against any and all claims, demands, actions, proceedings, losses, damages, liabilities, judgments, settlements, fines, penalties, costs, and expenses, including reasonable attorneys’ fees and court costs, arising out of or relating in any manner to: (a) your access to or use of this Site; (b) any breach or alleged breach of these terms by you; (c) your violation of any applicable federal, state, or local law, rule, or regulation; (d) any information, document, or file you submit through this Site, including any inaccuracy, misrepresentation, or omission contained therein; (e) any claim by a third party arising from your use of this Site; (f) any dispute between you and any third party in connection with a funding product; or (g) your infringement of any intellectual property or other rights of any third party.

9.2 The Company reserves the right, at your expense, to assume exclusive control of the defense of any matter for which you are required to indemnify the Company Parties, and you agree to cooperate fully with such defense. You shall not settle any claim subject to this indemnification obligation without the Company’s prior written consent.

10.1 Agreement to Arbitrate. Please read this section with extreme care. It substantially affects your legal rights, including your right to file a lawsuit in court. Except as expressly provided below, any and all disputes, claims, controversies, or causes of action of any nature, whether based in contract, tort, statute, regulation, equity, or any other legal or equitable theory, arising out of or relating to your use of this Site, these terms, any communication you receive from or through this Site, or any funding product or agreement entered into in connection with an inquiry originating from this Site (collectively, “Disputes”), shall be resolved exclusively and finally by binding individual arbitration administered by the American Arbitration Association (“AAA”) in accordance with its then-current Commercial Arbitration Rules and, where applicable, its Consumer-Related Disputes Supplementary Procedures, the terms of which are hereby incorporated by reference.

10.2 Arbitration Procedure. The arbitration shall be conducted by a single neutral arbitrator. The seat and place of arbitration shall be Utah County, Utah. The language of the arbitration shall be English. The arbitrator shall apply the substantive law of the State of Utah to all Disputes, without regard to its conflict of law principles. The arbitrator shall have authority to award any relief that would be available in a court of competent jurisdiction, including injunctive and declaratory relief on an individual basis, subject to the limitations set forth herein. The arbitrator’s award shall be in writing, shall state the essential findings of fact and conclusions of law upon which it is based, and shall be final and binding. Judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

10.3 Class Action Waiver. You and the Company expressly and irrevocably agree that each party may bring claims against the other only in an individual capacity and not as a named plaintiff, class representative, or class member in any purported class action, collective action, consolidated action, private attorney general action, or any other representative proceeding. The arbitrator shall have no authority to consolidate more than one person’s or entity’s claims, to preside over any form of class or representative proceeding, or to award classwide relief of any nature. This class action waiver is an essential and non-severable part of this arbitration agreement. If for any reason a court finds this class action waiver unenforceable in a particular case, then the entirety of the arbitration agreement shall be null and void with respect to that case only, and such case shall proceed in court subject to Section 11.

10.4 Exceptions. Notwithstanding the foregoing, the following claims shall not be subject to binding arbitration and may be brought in any court of competent jurisdiction: (a) claims for injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights; and (b) individual claims brought in small claims court if the claim qualifies under applicable small claims rules.

10.5 Opt-Out Right. You may opt out of this arbitration agreement by sending written notice of your decision to opt out to 610 LLC dba Six10 Capital at the address in Section 14 within thirty (30) days of first accessing this Site. Your written notice must include your full name, business name, and the email address associated with your inquiry. If you opt out, you and the Company agree to submit to the exclusive jurisdiction of the courts described in Section 11.

10.6 Costs of Arbitration. The Company will pay all AAA filing, administration, and arbitrator fees for any arbitration that the Company initiates. For any arbitration initiated by you, the allocation of arbitration fees will be governed by the AAA’s Commercial Arbitration Rules. Each party shall bear its own attorneys’ fees and costs in connection with arbitration, except that the arbitrator may award reasonable attorneys’ fees and costs to the prevailing party if such award is authorized by applicable law.

These terms and disclosures are governed by, and shall be construed and enforced in accordance with, the laws of the State of Utah, without giving effect to any principles of conflicts of law that would require or permit the application of the laws of any other jurisdiction. To the extent any Dispute is not subject to mandatory binding arbitration pursuant to Section 10, or to the extent any claim is excepted from arbitration under Section 10.4, the parties hereby irrevocably consent to and submit to the exclusive personal jurisdiction and venue of the state courts of Utah County, Utah, and the United States District Court for the District of Utah, Central Division, and waive any and all objections to such jurisdiction or venue, including any objection based on inconvenient forum. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these terms or to any transaction contemplated herein.

12.1 All content on bizgrantadvisor.com, including without limitation all text, articles, data, graphics, images, logos, icons, interface designs, page layout, source code, software, trade names, service marks, and all other materials and intellectual property of any kind (collectively, “Site Content”), is owned by or licensed to 610 LLC dba Six10 Capital and is protected by applicable United States and international copyright, trademark, trade secret, and other intellectual property laws and treaties.

12.2 You are granted a limited, non-exclusive, non-transferable, revocable license to access and use this Site and its Content solely for your own lawful, non-commercial informational purposes in connection with exploring potential funding options. This license does not include the right to: reproduce, distribute, publicly display, publicly perform, modify, create derivative works of, sell, sublicense, or otherwise exploit any Site Content; use any data mining, scraping, or extraction tools on this Site; or remove, obscure, or alter any copyright, trademark, or proprietary rights notice appearing on or in connection with this Site.

12.3 Any unauthorized use of Site Content is strictly prohibited and may violate copyright law, trademark law, and other applicable laws and regulations, and may result in civil or criminal penalties. The Company reserves all rights not expressly granted herein.

13.1 By submitting any inquiry, form, or information through this Site, you consent to receive electronic communications from 610 LLC dba Six10 Capital, including but not limited to emails, text messages, and other electronic notices, relating to your inquiry and any potential funding transaction. You agree that any agreements, disclosures, notices, or other communications provided to you electronically satisfy any legal requirement that such communications be in writing, to the fullest extent permitted by applicable law.

13.2 You may opt out of non-essential electronic communications at any time by contacting us at the address in Section 14. Opting out of electronic communications does not affect the Company’s right to communicate with you regarding a pending or active funding transaction.

14.1 Severability. If any provision of these terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, unenforceable, or in conflict with any applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, it shall be severed from these terms, and the remaining provisions shall continue in full force and effect as if such provision had never been included.

14.2 Waiver. The failure of the Company to enforce any right or provision of these terms shall not constitute a waiver of that right or provision. No waiver of any term or condition of these terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

14.3 Entire Agreement. These terms, together with any privacy notice, funding agreement, or other written agreement executed between you and 610 LLC dba Six10 Capital, constitute the entire and exclusive agreement between the parties with respect to your use of this Site and the subject matter hereof, and supersede all prior and contemporaneous agreements, representations, warranties, understandings, negotiations, and discussions, whether oral or written, between the parties relating to the same subject matter.

14.4 Headings. Section headings contained herein are for convenience of reference only and shall not affect the meaning, interpretation, or enforceability of these terms.

14.5 Assignment. You may not assign, transfer, or delegate any of your rights or obligations under these terms without the prior written consent of the Company. The Company may freely assign or transfer these terms and its rights and obligations hereunder without restriction.