TERMS OF SERVICE

Use of ARF Financial Customer Portal. As a Borrower/Merchant you agree to the following additional terms and conditions for use of the ARF Financial, LLC (ARF) Customer Portal. The ARF Financial Customer Portal is provided as a tool and convenience for Borrowers to manage their business loan accounts that they have with ARF, or for loans serviced by ARF under a marketing and servicing agreement an ARF partner bank. The use and availability of this ARF Financial Customer Portal shall in no way modify, amend or excuse any obligation of the Merchant/Borrower or any Loan Guarantor or give rise to any right of offset, reduction or modification of the Merchant Agreement, Guaranty and/or any obligations thereunder.

Data Security. Your privacy is very important to ARF and we are committed to protecting your personal information from unauthorized access or use. We seek to use reasonable organizational, physical, technical and administrative measures to protect personal information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us via the Contact Us link below. You have the responsibility to help us protect your loan account information by never revealing your user name or password to other individuals.

Preventing Identity Theft. In order to help us protect your personal information, it is important that you always keep your account information safe. Never share your Merchant ID or password with anyone under any circumstances. Additional information regarding identity theft and the steps you can take to help protect yourself from fraud can be found on the Federal Trade Commission website.

Updating Your Information. It is very important that you keep the information associated with your merchant loan account accurate and up-to-date. If you believe that your account information is incomplete, inaccurate or otherwise not current, please contact us and provide us with the appropriate information. Alternatively, you may call or write to us at the telephone numbers or appropriate address for changes listed on your account statements, records, online or other account materials. If you would like to review, correct or update personal information that you have previously provided to us, you may contact us.

Proprietary Information. You understand, acknowledge and agree the design of this Web site, as well as any and all information contained on it, constitute the confidential and proprietary information owned and provided to you by ARF Financial, LLC. Such proprietary information is disclosed to you under the protection of copyright, patent, trade secret, and/or other intellectual property laws and regulations, and any use by you other than as expressly permitted by us in your user agreement without our prior written consent is strictly prohibited.

Esign Consent To Use Electronic Records And Signatures. Our goal is to provide you with as many options as possible for receiving your merchant account information and documents. By using the ARF Financial Customer Portal, you are consenting to receive merchant account information and documents electronically. You hereby consent to use electronic records and signatures. In our sole discretion, the communications we provide to you, or that you sign or agree to at our request, may be in electronic form ("Electronic Records").

We may always, in our sole discretion, provide you with any communication in writing, even if you have chosen to receive it electronically. Your merchant agreement requires you to give us a written notice in certain circumstances. You must still provide these notices to us on paper, unless we specifically tell you in another communication how you may deliver that notice to us electronically. If we provide Electronic Records to you, and you want a paper copy, you may contact us and request a paper version. You will find the appropriate contact information in the account statement related to the Electronic Record. Your consent covers all ARF or bank partner agreements. Your consent remains in effect until you give us notice that you are withdrawing it. If you decide not to use Electronic Records and signatures in connection with the new loan, your decision does not mean you have withdrawn this consent for any other loan. Your withdrawal of consent will become effective after we have had a reasonable opportunity to act upon it.

If you are receiving online account statements, the termination will cause paper statements to be mailed to you via the U.S. Postal Service or other courier. You must keep your email or electronic address current with us. You must promptly notify us of any change in your email or other electronic address. You may change the email address on record for you by going to the User Profile/Contact Information page within the ARF Financial Customer Portal and updating your contact information.

To receive Electronic Records, you must have access to: a Current Version (defined below) of an Internet browser we support, a connection to the Internet, a Current Version of a program that accurately reads and displays PDF files (such as Adobe Acrobat Reader), and a computer and an operating system capable of supporting all of the above. You will also need a printer if you wish to print out and retain records on paper, and electronic storage if you wish to retain records in electronic form. You must also have an active email address. In some cases, you may also need a specific brand or type of device that can support a particular software application, including an application intended for particular mobile or handheld devices. By "Current Version," we mean a version of the software that is currently being supported by its publisher. From time to time, we may offer services or features that require that your Internet browser be configured in a particular way, such as permitting the use of JavaScript or cookies. If we detect that your Internet browser is not properly configured, we will provide you with a notice and advice on how to update your configuration. We reserve the right to discontinue support of a Current Version of software if, in our sole opinion, it suffers from a security flaw or other flaw that makes it unsuitable for use with Online Banking. If our hardware or software requirements change, and that change would create a material risk that you would not be able to access or retain your Electronic Records, we will give you notice of the revised hardware or software requirements. By providing your consent, you are also confirming that you have the hardware and software described above, that you are able to receive and review electronic records, and that you have an active email account. You are also confirming that you are authorized to, and do, consent on behalf of all the other authorized signers, authorized representatives, delegates.

English Web Site. Our Web Site and all communications will be in English only. If you are not fluent in English, you should consider obtaining the services of an interpreter or taking other steps to ensure you understand the transaction before entering into it and to explain any future communications in English.

Disclaimers. You agree that the merchant account information you access and/or download through this Web Site is provided to you "as is" and "as available." You agree that we make no warranties and have no liability as to: the accuracy, completeness, availability or timeliness of the account information, text, graphics, or other items in account information that you can download; and the errors or omissions in the delivery or transmission of the account information from us to you. You agree that we will not be liable to you for: your inability to use the download or access account information; the accuracy, timeliness, loss or corruption, or misdelivery, of any account information, or any other information; unauthorized access to your merchant account or to your account information and any misappropriation, or alteration, of your account information or data, to the extent the unauthorized access results from your acts or omissions; your inability to access your account (including but not limited to, failure of electronic or mechanical equipment, interconnect problems with telephone providers or Internet service providers ("ISPs"), natural disasters, strikes, or other labor problems.

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