Applicant Agreement and Legal Disclosures
1. Truthful Submission & Business Use Certification
By submitting this application, you certify that all information provided herein is true, accurate, and complete to the best of your knowledge. You further affirm that any financing obtained through Golden Capital LLC (“Golden Capital”) will be used solely for lawful business or commercial purposes, and not for personal, family, or household use.
2. Consent to Credit Investigation & Data Sharing
You, the Applicant — including any Owners, Partners, Members, and/or Guarantors associated with the applying entity — expressly authorize Golden Capital and its designees, affiliates, lending partners, successors, assigns, and service providers to obtain, verify, and review all business and personal credit, financial, banking, and background information from any source deemed necessary. This includes, but is not limited to, credit bureaus, financial institutions, third-party databases, and public records. This consent applies to both initial review and ongoing monitoring and extends to the sharing of such information with potential financing sources and professional advisors in connection with this application.
This authorization constitutes “written instructions” under the Fair Credit Reporting Act, allowing Golden Capital to obtain your personal credit profile from one or more consumer reporting agencies.
3. Authorization to Release Financial Information
You authorize all relevant third parties — including banks, creditors, financial advisors, and service providers — to release any credit, banking, and financial information requested by Golden Capital and its affiliates in support of this application and any resulting financing arrangement.
4. Artificial Intelligence (AI) Disclosure & Waiver of Liability
Golden Capital utilizes artificial intelligence (AI) and automated decision-making technologies to assist in the underwriting, evaluation, and processing of financing applications. These systems may analyze submitted documents, financial data, and credit information to support the review and decision-making process.
By signing below, you expressly acknowledge, consent to, and accept the use of such technologies as part of your credit evaluation. You further release, indemnify, and hold harmless Golden Capital, its officers, employees, agents, contractors, affiliates, and funding partners from any and all claims, demands, losses, liabilities, or damages — whether direct, indirect, incidental, or consequential — arising out of or related to the use of AI or automated tools in the credit decision process.
5. Electronic Communications & Notices
By providing your email address and contact information, you authorize Golden Capital to communicate with you electronically regarding your application, financing status, promotional offers, disclosures, and other related matters.
6. Right to Decline or Modify Financing Terms
Applicant acknowledges that submission of this application does not guarantee approval or funding. Golden Capital reserves the sole and exclusive right to approve, deny, or modify any financing terms, conditions, or offers at its discretion, without liability or obligation to the applicant.
7. Authorization for Document Execution
Applicant grants Golden Capital permission to prepare and electronically populate standard financing forms, disclosures, or related documentation using the information submitted herein. The applicant agrees that this authorization, along with the submitted signature, may serve as valid execution of such documents where legally permissible.
8. Limitation of Liability
IN NO EVENT SHALL GOLDEN CAPITAL OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THIS APPLICATION OR THE FINANCING PROCESS. APPLICANT EXPRESSLY WAIVES ANY CLAIMS TO LOST BUSINESS OPPORTUNITY, EMOTIONAL DISTRESS, OR REPUTATIONAL HARM RELATED TO APPLICATION OUTCOME OR UNDERWRITING METHODOLOGY.
9. Consent to Use of Electronic Records and Signatures
By signing below electronically or otherwise submitting this application through digital means, the Applicant consents to the use of electronic records and electronic signatures in connection with this transaction. This consent applies to all documents related to the application, credit review, and any resulting financing agreements, and is enforceable to the fullest extent permitted by law.
10. Severability
If any provision of this agreement is determined to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
11. Data Retention and Storage Consent
Applicant acknowledges and agrees that Golden Capital may retain a copy of this application, supporting documents, and all associated communications in physical or digital form for compliance, underwriting, and operational purposes. Golden Capital may store data securely using third-party systems or cloud-based platforms in accordance with its internal data security and privacy policies.
12. Equal Credit Opportunity & Compliance Statement
Golden Capital is committed to fair and equal treatment of all applicants. We evaluate every application in accordance with applicable state and federal laws, including but not limited to the Equal Credit Opportunity Act (ECOA), the Fair Credit Reporting Act (FCRA), and relevant fair lending standards. We do not discriminate on the basis of race, color, religion, national origin, sex, marital status, age, receipt of public assistance, or the exercise of rights under the Consumer Credit Protection Act.
13. Marketing Communications & Opt-Out Option
By providing your phone number or email address, you consent to receive voice calls, automated messages, and marketing texts from Golden Capital or its partners. Consent is not a condition of approval or service. You may opt out at any time by following unsubscribe instructions or by contacting us at info@golden-cap.com.
14. USA PATRIOT Act Notice
To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain and verify identifying information. This may include government-issued identification, business registration documents, or other forms of verification.
15. Vendor Referral Fee Disclosure
Golden Capital may receive compensation from vendors or third parties connected to your transaction. Where required, such relationships will be disclosed to ensure transparency and compliance.
16. Adverse Action Rights
If your application is denied, you may request a written statement of the reason for denial within 60 days by contacting info@golden-cap.com. We will respond with the requested information within 30 days of your request.
IN THE EVENT Any controversy, DISPUTE or claim ARISES BETWEEN THE PARTIES, INCLUDING ANY MATTER RELATING to the TERMS OR PERFORMANCE OF THIS AGREEMENT, THE PARTIES SHALL FIRST ATTEMPT TO NEGOTIATE A RESOLUTION WITHIN TWENTY (20) DAYS OF A WRITTEN DEMAND BY EITHER PARTY.
IN THE EVENT THE PARTIES ARE UNABLE TO NEGOTIATE A RESOLUTION DIRECTLY, THE PARTIES SHALL ENGAGE IN MEDIATION WITH A QUALFIED MEDIATOR SELECTED FROM THE American Arbitration Association’S (“AAA”) PANEL OF MEDIATORS. IF THE PARTIES CANNOT AGREE ON AN INDEPENDENT MEDIATOR, THE aaa WILL SELECT A MEDIATOR. THE MEDIATION SHALL OCCUR WITHIN SIXTY (60) DAYS OF THE APPOINTMENT OF THE MEDIATOR OR SUCH OTHER DATE AS THE PARTIES MAY AGREE UPON.
IN THE EVENT THE MEDIATION DOES NOT RESULT IN A RESOLUTION OF THE DISPUTE, Any controversy, DISPUTE or claim BETWEEN THE PARTIES will be finally settled by compulsory, BINDING arbitration in accordance with the Commercial Arbitration Rules and Supplementary Procedures for Commercial Arbitration of the American Arbitration Association (“AAA”).
We each agree that any dispute resolution proceedings will be conducted only on an INDIVIDUAL BASIS and not in a class, consolidated or representative action.
THE ARBITRATION WILL BE CONDUCTED AT THE REGIONAL OFFICES OF THE aaa, 150 n. MICHIGAN AVE, SUITE 3050, CHICAGO, ILLINOIS 60601.
By signing below, you affirm that you have carefully read, fully understood, and voluntarily agreed to all terms and conditions outlined in this agreement. You acknowledge that this document constitutes a binding legal contract between you and Golden Capital LLC, and that your signature confirms your informed consent to its provisions in their entirety. You further understand and agree that this agreement is legally binding and fully enforceable under all applicable state and federal laws, whether executed physically or electronically. THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION.