Terms and Conditions
Last updated: 25 August 2026
Welcome to the OrcaCap LLC (“OrcaCap”) website. OrcaCap offers working capital solutions to businesses seeking financing to sustain or grow their enterprise, including the purchase and sale of future receivables and related services (“Service”). By accessing and using this site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). OrcaCap reserves the right to update the content of its website, including the Terms of Use, at any time without prior notice.
Your use of the site constitutes your agreement to follow and be bound by the terms and conditions of the site, as well as these Terms of Use, as modified. You are encouraged to review the website and these Terms of Use periodically for updates and modifications.
1. Copyright and trademark
Unless otherwise noted, all materials on this site are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by OrcaCap and/or its subsidiaries and affiliates, or by other parties that have licensed their material to OrcaCap. You may not reproduce, redistribute or otherwise use any materials without the express written consent of OrcaCap. Rights not expressly granted are reserved.
2. Privacy and security
For an explanation of OrcaCap’s practices and policies related to the collection, use and storage of online visitors’ information, please read our Privacy Policy. The Privacy Policy may be updated from time to time at our discretion. Changes will be effective upon posting to the website and are hereby incorporated into this Agreement.
3. Warranty disclaimer and limitation of liability
You agree that your use of the website and services shall be at your sole risk. Except as otherwise expressly stated with respect to our products, all contents of this site are offered on an “as is” basis without any warranty whatsoever, either express or implied. OrcaCap makes no representations, express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose.
OrcaCap makes no warranties or representations of any kind that the services provided by this website or any linked site will be uninterrupted or error-free, or that the site or the server that hosts the site are free from viruses or other forms of harmful computer code or other harmful components, or that defects will be corrected even if OrcaCap is aware of them.
In no event shall OrcaCap, its officers, members, directors, employees, or agents be liable to you for any direct, indirect, incidental, special, punitive or consequential damages, or attorneys’ fees, arising out of or relating to these terms, access to, use of, or the operation of any site, any of the site content, or user content. Your sole and exclusive remedy, and OrcaCap’s sole and exclusive liability to you for any reason, shall be for you to discontinue your access to or use of the site.
In the event State law does not allow the exclusion or limitation of liability for consequential or incidental damages, OrcaCap’s liability shall be limited and warranties excluded to the fullest extent permitted by law, but shall in no event exceed $100.00.
You agree that any cause of action arising out of or related to OrcaCap, any website, or any website content or user content must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
4. Indemnification
You agree to indemnify, defend, and hold harmless OrcaCap, its affiliates, and partners, including without limitation OrcaCap’s service providers and funding partners, and their respective officers, directors, employees, agents, and representatives, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, for any claims, causes of action, procedures or allegations arising out of or relating to any violation of these Terms of Use, your use of the website, website content, or user content by you or any other person accessing any website on your behalf.
5. Unlawful or prohibited use
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Services in any manner that could damage, disable, overburden, or impair the OrcaCap website, or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to any Services, computer systems or networks connected to any OrcaCap server through hacking, password mining or any other means.
6. External links
Links to other websites do not imply an endorsement of the materials disseminated at those websites. Links to other websites are provided by OrcaCap as a convenience to its users. OrcaCap is not responsible for the materials contained in any website linked to this site. Please be advised that third-party websites may have different terms of use and privacy policies.
7. Authority
Use of the Services is void where prohibited. By using the Services, you represent and warrant that (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; (d) your use of the Services does not violate any applicable law or regulation; and (e) you are authorized to act on behalf of the company whose name you have entered when enquiring about business financing.
You understand and agree that OrcaCap and our agents and assignees are authorized to contact third parties to conduct background checks and other investigative reports and make credit report inquiries, including requesting business and personal credit bureau reports from credit reporting agencies and other sources, or for any other lawful purpose. Upon your written request, we will advise you if we obtained a credit report. You understand and agree that OrcaCap makes no commitment or guarantee that any product, evaluation, or guidance provided will result in an approval for funding.
8. Electronic communications
By using parts of this website, or sending emails to OrcaCap, you agree to receive communications from us electronically, and that all agreements, notices, disclosures and other communications that we, our affiliates, partners or independent contractors provide to you electronically satisfy any legal requirement that such communication be in writing, and are effective immediately.
You have the right to withdraw your consent to receive disclosures and submit information electronically. You may withdraw your consent by contacting us in writing.
9. Telephone communications
You hereby expressly consent to receiving calls and messages, including auto-dialed and pre-recorded message calls and SMS messages, including text messages, from OrcaCap, its affiliates, marketing partners, agents and others calling at OrcaCap’s request or on its behalf, at any telephone numbers that you have provided or may provide in the future, including any cellular or mobile telephone numbers. Your cellular or mobile telephone provider will charge you according to the type of plan you carry. You may opt out of receiving calls and marketing from OrcaCap as provided in the Privacy Policy, or by contacting us directly.
10. Governing law and forum
Any dispute arising from these terms shall be resolved exclusively in the State and Federal Courts of the State of Texas. These terms and the interpretation, performance and enforcement of your and OrcaCap’s rights and duties shall be construed in accordance with the laws of the State of Texas, except for the conflict or choice of law principles thereof.
11. Feedback and submissions
You agree you are and shall remain solely responsible for the content of any submissions you make, and you will not submit material that is unlawful, defamatory, abusive or obscene. You agree that you will not submit anything to the site that will violate any right of any third party, including copyright, trademark, privacy or any other personal or proprietary rights.
12. Force majeure
OrcaCap shall not be liable for any failure or delay in performance due in whole or in part to any cause beyond the reasonable control of such party or its contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.
13. Contacting us
If you have any questions about these terms, please contact us at (512) 316-7382. To inquire about linking to our site, or about copyright or trademark matters, please contact us at hello@orcacap.com.