Terms of Service

Last updated: July 22, 2026

Welcome to Five West Financial. These Terms of Service ("Terms") govern your access to and use of the website located at www.fivewestfinancial.com (the "Site") and the services offered through it. The Site is operated by Five West Financial ("Five West," "we," "us," or "our").

By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Site.

1. Our Services

Five West Financial provides commercial financing solutions for businesses nationwide, including equipment financing, working capital, lines of credit, SBA loans, commercial real estate financing, and related products and services.

2. No Offer or Commitment to Lend

Nothing on the Site constitutes an offer or commitment to lend, lease, or otherwise extend credit. Figures shown on the Site, including outputs of the payment estimator, are estimates for illustration only. All financing is subject to credit approval and underwriting. Rates, terms, and approval depend on your business profile, time in business, credit history, and the specific financing program, and may change without notice.

3. Eligibility and Business Purpose

The Site and our services are intended for businesses and business owners seeking commercial financing. By using the Site, you represent that you are at least 18 years old, that you have authority to act on behalf of the business you represent, and that any financing you seek through us is for business or commercial purposes and not for personal, family, or household use.

4. Applications and Accuracy of Information

When you submit an inquiry or application, you agree to provide information that is true, accurate, current, and complete. You are responsible for the accuracy of all information and documents you submit, including information regarding any co-signer or guarantor, which you may provide only with that person's knowledge and consent. Submitting false or misleading information in connection with an application for credit may violate federal and state law.

5. Credit Authorization

By submitting a financing application, you may be asked to authorize Five West and the financial institutions involved in your application to obtain consumer and/or commercial credit reports and to verify the information you provide. The nature of any credit inquiry (soft or hard) depends on the product and program; details will be disclosed to you in the applicable application or authorization.

6. Fees

We do not charge you a fee to submit an inquiry or application through the Site. Any fees or charges applicable to a specific financing transaction will be disclosed in the documents for that transaction.

7. Intellectual Property

The Site and its content — including text, graphics, logos, trademarks, service marks, page designs, and tools such as the payment estimator — are owned by or licensed to Five West and are protected by United States and international copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, publish, display, modify, scrape, or create derivative works from Site content, or use the Five West Financial name, logo, or branding, without our prior written consent, except for your own personal, non-commercial reference.

Enforcement. Unauthorized use of Five West's intellectual property is a material breach of these Terms and may violate federal and state law, including the U.S. Copyright Act (which provides for statutory damages of up to $150,000 per work willfully infringed) and the Lanham Act. You agree that any unauthorized use will cause Five West irreparable harm for which monetary damages may be inadequate, and that Five West is entitled to seek injunctive relief in addition to all other remedies available at law or in equity, including actual damages, disgorgement of profits, and statutory damages where applicable. If Five West prevails in an action to enforce its intellectual property rights, you agree to pay Five West's reasonable attorneys' fees and costs. We may also suspend or terminate your access to the Site without notice for any violation of this Section.

8. Acceptable Use

You agree not to:

• Use the Site for any unlawful purpose or in violation of these Terms;
• Submit information or documents you do not have the right to share;
• Attempt to gain unauthorized access to the Site, its servers, or any connected systems;
• Interfere with the operation of the Site, including by introducing malware or using automated scraping tools;
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.

9. Third-Party Websites and Services

The Site may contain links to third-party websites, including social media pages and review platforms. These links are provided for convenience only. We do not control and are not responsible for the content, terms, or privacy practices of third-party sites. Any financing agreement you enter into is governed by the terms of the documents for that transaction.

10. Privacy

Your use of the Site is also governed by our Privacy Policy, which describes how we collect, use, and share information.

11. Disclaimer of Warranties

THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY INFORMATION ON THE SITE, INCLUDING ESTIMATES, IS ACCURATE, COMPLETE, OR CURRENT. NOTHING ON THE SITE CONSTITUTES FINANCIAL, LEGAL, TAX, OR ACCOUNTING ADVICE; YOU SHOULD CONSULT YOUR OWN ADVISORS BEFORE MAKING FINANCING DECISIONS.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, FIVE WEST AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, 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. IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SITE OR THESE TERMS EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

13. Indemnification

You agree to indemnify and hold harmless Five West and its officers, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of your violation of these Terms, your misuse of the Site, or information you submit that is inaccurate or that you did not have the right to provide.

14. Governing Law and Disputes

These Terms are governed by the laws of the State of Arizona, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Site will be brought exclusively in the state or federal courts located in Maricopa County, Arizona, and you consent to the jurisdiction of those courts.

15. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date at the top of this page. Your continued use of the Site after changes are posted constitutes your acceptance of the updated Terms.

16. Contact Us

Questions about these Terms may be directed to: