TERMS & CONDITIONS

Arcarius LLC Terms and Conditions

The Arcarius LLC service and website (each as defined below) are operated by Arcarius LLC, a Delaware Limited Liability Company or a subsidiary thereof (collectively, “Arcarius LLC”). Arcarius LLC is in the business of providing customers with merchant cash advances and related services (collectively “Service” or “Services”). Arcarius LLC is not an investment advisor or financial planner, and we do not provide securities, legal or tax advice. Before making any decision or implementing any strategy you should consider obtaining additional information and advice from your accountant, attorney, and/or other advisors.

Accepting the Terms

By using the information, tools, features and functionality located at www.arcariusfunding.com or subdomains (the “Website”) or by submitting an application for the purchase of your future receipts and/Service to Arcarius LLC, you signify that you have read, understand and agree to be bound by these terms and conditions (the “Agreement”) for any and all applications for Services to Arcarius LLC. You further agree all information being provided by Merchant and/or Guarantor of Performance as part of the application process for the Services is true and complete.

You may not use the Service and you may not accept this Agreement if you are under 18 years of age. You represent that you have the capacity to bind the company or entity applying for credit, on behalf of such company or entity. Before you continue, you should print or save a copy of this Agreement for your records.

In addition to this Agreement you may enter into other agreements, govern the terms of your Services and your use of the Service. If there is a conflict between this Agreement and such other agreements that is applicable to specific aspects of the Service, the other agreement shall govern with respect to those specific aspects.

Arcarius LLC may make changes to this Agreement from time to time. If we do this, the date at the top of this page indicates when the latest revisions were made. Your continued use of the Service or the Website will constitute acceptance of such revisions.

Privacy, Personal and Company Information

For information about Arcarius LLC’s data protection practices, please read our Privacy Policy, which can be accessed on the Website, as modified from time to time, which is hereby incorporated into this Agreement. The Privacy Policy explains how Arcarius LLC collects and treats your personal and company information, and protects your privacy, when you access Arcarius LLC and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the Website.

Identity Verification

To help the government fight the funding of terrorism and money laundering activities, federal law requires financial institutions to obtain, verify, and record identifying information that identifies each person and entity applying for credit. Therefore, when your company applies for credit, we ask for your name, address, and other information that allows us to identify you and your company. We may also ask for a driver’s license or other identifying documents. You allow us to obtain such information and share the information with third parties to help us verify you and your company’s identity.

In connection with the provision of the Service, users may submit financial information from their business banking account to Arcarius LLC. Arcarius LLC uses this information for its lending decisions and may require updates to monitor the performance of customers on an on-going basis. With the Service, users may direct Arcarius LLC to retrieve your company information maintained online or otherwise by third-party financial institutions or organizations authorized to house such information.

Proprietary Rights

All content on the Website or used by the Service, including but not limited to text, names, designs, pictures, information and software are the proprietary property of Arcarius LLC with all rights reserved.

You are permitted to use content delivered to you through the Service or Website only on the Service. You may not copy, reproduce, modify, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the Service technology.

Electronic Communications

You hereby consent to receive by electronic means, (or in writing through postal mail or email), this Agreement, communications, disclosures and notices, including and any and all disclosures and/or notices required to be given by applicable law or regulation. You also consent to allow Arcarius LLC to respond to any inquiries by e-mail, at the email address you have provided, regardless of the format of the original inquiry. You must also agree to our E-Sign consent during the online application process.

Third Party Sites or Content

The Website or other materials sent to you under the Service may contain links to other Websites (“Third Party Sites”), as well as content from third parties. Arcarius LLC is not responsible for such Third Party Sites or content from third parties, including without limitation accuracy, reliability, offensiveness, or appropriateness. If you decide to leave the Website and access Third Party Sites or third party content, this Agreement and Arcarius LLC policies no longer apply.

With respect to third parties, Arcarius LLC acts solely as a referrer and does not guarantee or underwrite the products or services, including without limitation capital products, provided by such capital provider. You will be deemed a customer of that capital provider with respect to any products or services provided by such capital provider. Arcarius LLC has no role in, nor any liability for any decision made or product or service provided by any capital provider.

Credit Profile Authorization

You understand and agree that we and our agents and assignees are authorized to contact third parties to conduct background checks and other investigative reports, including your credit card sales data as described below, and make credit report inquiries (including requesting business and personal credit bureau reports from credit reporting agencies and other sources) or for any other lawful purpose, and that Arcarius LLC has the authority for the foregoing in connection with any update, renewal, or extension of the capital to the company on whose behalf you are applying for such capital. Upon your written request, we will advise you if we obtained a credit report. You understand and agree that Arcarius LLC is making no commitment or guarantee that any product, evaluation, or guidance provided by Arcarius LLC or anyone else for that manner will result in an approval for Services.

Miscellaneous

Limitation on Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE WEBSITE OR THE SERVICES, INCLUDING THE UNAVAILABILITY OF THE SERVICES FOR ANY REASON, OR ANY SYSTEM FAILURE OR MALFUNCTION ASSOCIATED WITH THE SERVICES, AND INCLUDING ANY THIRD PARTY CLAIMS, WHETHER BASED ON THEORIES OF BREACH OF CONTRACT, TORT, PRODUCT LIABILITY, OR BREACH OF WARRANTY. THESE LIMITATIONS OF LIABILITY WILL APPLY EVEN IF WE ARE ADVISED ON THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PARTIES UNDERSTAND THAT THE SERVICES BY US WOULD NOT BE PROVIDED WITHOUT SUCH

Warranty

WE DISCLAIM ANY WARRANTY OF MERCHANT LIABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY LIABILITY FOR ERRORS OR OMISSIONS IN ANY INFORMATION PROVIDED AS PART OF THE SERVICES OR ON THE WEBSITE AND ANY WARRANTIES REGARDING THE OPERABILITY OF THE SERVICES OR LIABILITY FOR ANY SERVICE INTERRUPTIONS OR SYSTEM FAILURES THAT MAY AFFECT THE SERVICES AT ANY TIME.

Governing Law; Venue and Jurisdiction

By accessing the Website or using Services, you agree that the laws of the state of New York, without regard to any principles of conflict of laws that would require or permit the application of laws of any other jurisdiction, will govern this Agreement or your use of the Services.