Terms & Conditions

Effective Date: January 1, 2026

These Terms and Conditions ("Terms") govern your use of the M&S Investment Capital website and services. By accessing our website or using our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you should not use our website or services.

1. Acceptance of Terms

By accessing or using the M&S Investment Capital website (the "Site"), submitting a funding application, or engaging with our lending services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

2. Eligibility

To use our services, you must:

• Be at least 18 years of age
• Have the legal authority to enter into binding contracts
• Operate a legitimate business entity registered in the United States
• Provide accurate and complete information in all applications and communications

3. Lending Services

Application Process

Submission of a funding application does not guarantee approval. M&S Investment Capital reserves the right to approve or deny any application based on our underwriting criteria, creditworthiness assessment, and business evaluation.

Loan Terms

If your application is approved, specific loan terms—including principal amount, interest rate, repayment schedule, and fees—will be outlined in a separate loan agreement. These terms may vary based on your business profile, financial condition, and the type of funding requested.

Representations and Warranties

By applying for funding, you represent and warrant that:

• All information provided is accurate, complete, and not misleading
• Your business is in good standing and operates legally
• You are not subject to any pending bankruptcy or insolvency proceedings
• You have disclosed all material financial obligations and liabilities

4. SMS Terms & Conditions

5. Website Use

Permitted Use

You may use our website for lawful purposes related to exploring our services, submitting applications, and accessing information about business lending. You agree not to:

• Use the Site to transmit harmful or malicious code
• Interfere with the operation or security of the Site
• Attempt to gain unauthorized access to our systems or data
• Scrape, copy, or replicate website content without permission
• Impersonate another person or entity

Intellectual Property

All content on this Site—including text, graphics, logos, images, and software—is the property of M&S Investment Capital or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works without our written consent.

6. Disclaimers and Limitations of Liability

No Warranty

The Site and our services are provided "as is" and "as available" without warranties of any kind, either express or implied. M&S Investment Capital does not warrant that the Site will be uninterrupted, error-free, or free from viruses or other harmful components.

Limitation of Liability

To the fullest extent permitted by law, M&S Investment Capital shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Site or our services, even if we have been advised of the possibility of such damages.

Financial Advice Disclaimer

Information provided on this Site is for general informational purposes only and does not constitute financial, legal, or tax advice. You should consult with qualified professionals before making financial decisions.

7. Indemnification

You agree to indemnify, defend, and hold harmless M&S Investment Capital, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Site or services
• Your violation of these Terms
• Your violation of any third-party rights
• Any misrepresentation or fraud in your application or communications

8. Third-Party Links

Our Site may contain links to third-party websites or services. M&S Investment Capital is not responsible for the content, accuracy, or practices of these external sites. Your use of third-party websites is at your own risk and subject to their terms and policies.

9. Modifications to Terms

M&S Investment Capital reserves the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on the Site with a new effective date. Your continued use of the Site or services after such changes constitutes acceptance of the revised Terms.

10. Termination

We reserve the right to suspend or terminate your access to the Site or services at any time, without notice, for conduct that we believe violates these Terms or is harmful to our business, other users, or third parties.

11. Governing Law and Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law provisions.

Dispute Resolution

Any disputes arising out of or relating to these Terms or the use of our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in Maricopa County, Arizona. You waive any right to participate in a class action lawsuit or class-wide arbitration.

12. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

13. Entire Agreement

These Terms, together with our Privacy Policy and any loan agreements you enter into, constitute the entire agreement between you and M&S Investment Capital regarding the use of our Site and services.

14. Contact Information

If you have questions or concerns about these Terms, please contact us:

By using our Site and services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.