Terms of Service

Direct Business Financing Inc. d/b/a EMC Financial

Last Updated: March 2026

These Terms of Service (“Terms”) govern your access to and use of the EMC Financial website and services.

By accessing this website or submitting information through it, you agree to be bound by these Terms.

If you do not agree, you should not use this website.

1. About EMC Financial

EMC Financial provides financing advisory services and structures capital solutions for businesses. EMC operates a platform through which it originates, evaluates, and facilitates financing transactions, including those funded by affiliated entities and, in certain cases, third-party capital providers.

EMC Financial is not a bank or depository institution. Financing solutions may be provided directly by EMC Financial, its affiliates, or by third-party financial institutions, private lenders, or capital partners, depending on the structure of the transaction.

EMC Financial may act as an advisor, arranger, or syndicator in connection with financing transactions and may participate in such transactions through affiliated funding entities.

2. Eligibility

You must be at least 18 years old and legally able to enter into binding agreements to use this website.

By using the website you represent that:

You have the authority to submit information on behalf of a business
The information you provide is accurate and complete
Your use of the platform complies with applicable laws.

3. No Financing Guarantee

Submission of information through this website does not guarantee approval or funding.

Any financing terms, approvals, or offers are determined based on underwriting and evaluation conducted by EMC Financial, its affiliated entities, and/or third-party capital providers, depending on the structure of the transaction.

EMC Financial makes no representation or guarantee that financing will be obtained.

4. Application Information and Representations

By submitting information through the website, you represent and warrant that:

All information provided is true, accurate, and complete
You are authorized to submit such information
You will promptly update any information that becomes inaccurate.

Providing false or misleading information may result in termination of access to the platform.

5. Authorization to Share Information

By submitting information through this website, you authorize EMC Financial to:

Review and analyze your information
Share your information with potential financing partners
Obtain information from credit reporting agencies
Verify business and personal financial information.

This authorization applies to business owners, guarantors, and authorized representatives.

6. Electronic Communications Consent

By using the website, you consent to receive communications electronically, including:

emails
electronic disclosures
electronic agreements
digital signatures.

Electronic communications will satisfy any legal requirement for written communication.

7. Confidentiality

EMC Financial will treat non-public information submitted through the platform as confidential and will use it solely for evaluating financing opportunities.

However, information may be shared with:

Financing partners
Service providers
Legal or regulatory authorities, when required by law.

Users agree not to disclose confidential or proprietary information received from EMC Financial without written permission.

8. Compensation Disclosure

EMC Financial may act as a direct lender, advisor, broker, arranger, syndicator, participant, or referral source in connection with financing transactions. Financing may be provided by EMC Financial, its affiliates (including Elvora Capital), members of its syndicate network, broker network, or independent third-party financing providers.

Not all financing products offered through EMC Financial or its network constitute loans. Certain transactions may involve the purchase and sale of future receivables or other commercial financing products that are not loans.

Certain financing transactions may be structured as junior lien or subordinate financing. EMC Financial does not guarantee that any transaction will be funded in a junior position, nor does EMC Financial guarantee that a subordination or intercreditor agreement will be in place at the time of funding. The priority and enforceability of any lien position may depend on the circumstances of the transaction and the actions of other creditors.

EMC Financial may receive compensation in connection with financing transactions originated, arranged, brokered, syndicated, referred, or funded through its affiliates, financing partners, or third-party providers.

9. No Professional Advice

Information provided on this website does not constitute legal, tax, accounting, or financial advice.

Users should consult their own professional advisors before making financial decisions.

10. Third-Party Services

The platform may involve third-party services, including underwriting tools, payment systems, and financing partners.

EMC Financial does not control these services and is not responsible for their actions or decisions.

11. Intellectual Property

All website content, branding, graphics, and materials are the property of EMC Financial unless otherwise stated.

Users may not copy, distribute, or reproduce website content without written permission.

12. Limitation of Liability

To the maximum extent permitted by law, EMC Financial shall not be liable for:

Financing decisions made by capital partners
Business losses or lost profits
Interruption of business operations
Indirect or consequential damages.

Use of the platform is at your own risk.

13. Indemnification

You agree to indemnify and hold harmless EMC Financial and its affiliates from any claims, damages, or expenses arising from:

Inaccurate information you provide
Violation of these Terms
Misuse of the website.

14. Arbitration Agreement

Any dispute arising from these Terms or use of the website shall be resolved through binding arbitration.

Arbitration will be conducted in the State of Florida.

Users waive the right to participate in class action lawsuits.

15. Governing Law

These Terms shall be governed by the laws of the State of Florida without regard to conflict of law principles.

16. Changes to These Terms

EMC Financial may update these Terms periodically.

Continued use of the website constitutes acceptance of the revised Terms.

17. Contact Information