1. Acceptance of Terms
These Terms of Service ("Terms") form a legally binding agreement between you and Oak River Lending LLC ("Oak River," "we," "us," or "our"). They govern your use of oakriverlending.com (the "Site") and any services Oak River provides through it (the "Services"). By accessing or using the Site or Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Site or Services.
2. Eligibility
You must be at least 18 years old, a resident of the United States, and have the legal authority to enter into a binding agreement to use the Site or Services. If you are accessing the Site or Services on behalf of a business or other entity, you represent that you have authority to bind that entity to these Terms.
3. Description of Services
Oak River is a capital placement firm that helps American businesses identify, package, and present loan and capital opportunities to lenders, investors, and capital partners in its network. Our Services may include intake and pre-qualification, loan packaging, strategy consultation, lender outreach and presentation, underwriting support, closing coordination, and referrals to credit repair partners or other service providers.
We do not guarantee that any application will result in a loan offer or that any loan offer will close. All loan decisions are made by independent third-party lenders based on their own underwriting criteria.
4. No Lender or Advisor Relationship
Oak River is not a bank, lender, depository institution, investment advisor, legal advisor, tax advisor, or accountant. Nothing on the Site or in the Services constitutes a loan offer, commitment to lend, legal advice, tax advice, accounting advice, or investment advice. You should consult appropriate qualified professionals before making any financial or legal decision.
Loan products available through Oak River are originated by third-party lenders, each subject to its own terms, underwriting criteria, fees, and disclosures. The actual terms of any loan will be set forth in documents provided by the lender at the time of approval.
5. Fees and Payment
Oak River's service fees are disclosed in writing before any engagement begins. Our standard structure consists of an onboarding payment and a flat one-time service fee. We do not charge a percentage of the loan amount.
The onboarding payment is due at the start of our engagement and is non-refundable except as required by law or as expressly stated in our engagement letter. The flat one-time service fee is typically structured to be paid through a business line of credit we help arrange. At loan close, our service fee is generally wrapped into the loan proceeds. Our service fees may qualify as deductible business expenses; we provide documentation but do not provide tax advice. Consult your tax professional.
All fees are exclusive of any taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of any such amounts.
6. Communications and TCPA Consent
By submitting an inquiry form or providing your contact information to us, you expressly consent to receive communications from Oak River and its lending and capital partners regarding your inquiry and our Services, including by telephone calls, text messages, and email, including communications sent using automated technology, an automatic telephone dialing system, or artificial or prerecorded voice. Consent to receive such communications is not a condition of obtaining any service.
Message and data rates may apply. Message frequency varies. You can opt out of text messages at any time by replying STOP. You can opt out of marketing email at any time by clicking the unsubscribe link in any email or contacting us. Service-related and transactional communications may continue after opt-out.
7. ESIGN Consent
You agree to conduct business with Oak River electronically. You consent to receive electronically all communications, agreements, documents, notices, and disclosures (collectively, "Records") that we provide in connection with the Site or Services. You may receive these Records by email, in your account, or on the Site.
System requirements. To access and retain Records, you must have: a computer or mobile device with internet access; a current web browser; a valid email account; and the ability to download and store PDF documents.
Withdrawing consent. You may withdraw your consent to receive Records electronically at any time by contacting us. Withdrawing consent may delay or prevent us from delivering Services. We may charge reasonable fees to deliver Records by other means.
Updating your contact information. You agree to promptly notify us of any change in your email address or other contact information.
8. User Conduct and Prohibited Uses
You agree not to:
- Provide false, misleading, or fraudulent information, including in any application or inquiry form;
- Use the Site or Services for any unlawful purpose, including fraud, money laundering, or terrorist financing;
- Impersonate any person or entity, including any Oak River representative;
- Interfere with or disrupt the Site or Services, including attempting to access non-public areas or bypass security controls;
- Use any automated means (bots, scrapers, crawlers) to access the Site or collect information from it without our prior written consent;
- Attempt to reverse engineer, decompile, or disassemble any part of the Site or Services;
- Upload or transmit any virus, malware, or other malicious code; or
- Violate any applicable law, regulation, or third-party right while using the Site or Services.
9. Your Content and Submissions
You retain ownership of information and content you submit to us ("Your Content"). By submitting Your Content, you grant Oak River a non-exclusive, worldwide, royalty-free, sublicensable license to use, copy, store, transmit, and disclose Your Content as necessary to provide the Services, communicate with lender partners on your behalf, comply with law, and operate our business.
You represent and warrant that you have the right to submit Your Content, that it is accurate and complete, and that its submission and our use do not violate any third-party right or any law.
10. Intellectual Property
The Site and Services, including all content, software, designs, text, graphics, logos, trademarks, and other materials, are owned by or licensed to Oak River and are protected by United States and international intellectual property laws. Except as expressly permitted, you may not copy, modify, distribute, sell, lease, create derivative works of, or otherwise exploit any part of the Site or Services without our prior written consent.
"Oak River Lending," the Oak River logo, and other Oak River marks are trademarks of Oak River Lending LLC. All other trademarks are the property of their respective owners.
11. Third-Party Links and Services
The Site may contain links to third-party websites, products, or services. We do not control, endorse, or assume responsibility for any third-party content, products, or services. Your use of third-party sites and services is at your own risk and subject to their own terms and policies.
12. Disclaimers
THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OAK RIVER DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
OAK RIVER DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. ANY LOAN OR FINANCING OUTCOMES DEPEND ON FACTORS OUTSIDE OUR CONTROL, INCLUDING THE INDEPENDENT DECISIONS OF THIRD-PARTY LENDERS.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OAK RIVER OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES, OR LOSS OF DATA, ARISING OUT OF OR RELATED TO THE SITE OR SERVICES, EVEN IF OAK RIVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OAK RIVER'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THE SITE OR SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAID TO OAK RIVER IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES, SO SOME OR ALL OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
14. Indemnification
You agree to defend, indemnify, and hold harmless Oak River and its officers, directors, employees, agents, affiliates, and service providers from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (i) your use of the Site or Services; (ii) Your Content; (iii) your violation of these Terms; or (iv) your violation of any law or third-party right.
15. Equal Credit Opportunity & Fair Lending
The federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract), because all or part of the applicant's income derives from any public assistance program, or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act.
Oak River is committed to fair lending. We assist all qualified applicants without regard to any of these protected characteristics. If you believe you have been discriminated against, you may file a complaint with the Federal Trade Commission or the Consumer Financial Protection Bureau.
16. Governing Law
These Terms are governed by the laws of the State of Wyoming, without regard to its conflict of laws principles. The federal and state courts located in Wyoming will have exclusive jurisdiction over any disputes not subject to arbitration. You consent to the personal jurisdiction of those courts and waive any objection to venue.
17. Arbitration & Class Action Waiver
PLEASE READ CAREFULLY. THIS SECTION REQUIRES THE RESOLUTION OF DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE WAYS YOU CAN SEEK RELIEF AGAINST US.
Agreement to arbitrate.You and Oak River agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or the Services (each, a "Dispute") will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will be conducted in the English language. Arbitration will take place in Wyoming or, at your election, by phone, video, or written submission.
Class action waiver. You and Oak River agree to bring Disputes only in your or its individual capacity, and not as a plaintiff or class member in any purported class, representative, or consolidated proceeding. The arbitrator may not consolidate the claims of more than one party.
Exceptions. You and Oak River may bring an individual claim in small claims court if it qualifies, and either party may seek injunctive or equitable relief in court to protect intellectual property rights. Disputes covered by applicable financial regulatory complaint procedures are not subject to this Section.
Opt-out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice to legal@oakriverlending.com stating your name, address, and a clear statement that you wish to opt out.
Severability. If any part of this Section is found unenforceable, that part will be severed and the remainder will continue in effect. If the class action waiver is found unenforceable in a particular case, then the entire arbitration agreement in this Section will not apply to that case.
18. Miscellaneous
Entire agreement. These Terms (together with our Privacy Policy and any documents referenced) constitute the entire agreement between you and Oak River regarding the Site and Services and supersede any prior agreements on the subject.
Waiver and severability. Our failure to enforce any provision is not a waiver of our right to do so later. If any provision is held invalid or unenforceable, the remaining provisions will remain in effect.
Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, sale of assets, or other business transaction.
Force majeure. We will not be liable for any delay or failure to perform caused by circumstances beyond our reasonable control.
Survival. Provisions that by their nature should survive termination of these Terms will survive, including Sections on intellectual property, disclaimers, limitation of liability, indemnification, governing law, and arbitration.
19. Changes to These Terms
We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date at the top and may provide additional notice. Your continued use of the Site or Services after the effective date of any change constitutes acceptance of the updated Terms.
20. Contact Us
Questions about these Terms? Contact us at:
Oak River Lending LLC
Attn: Legal
Email: legal@oakriverlending.com
Web: /contact/general