Updated: February 17, 2023
PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS OF USE BEFORE USING OUR CUSTOMER PORTAL OR MOBILE APP. ANY USE CREATES A BINDING AGREEMENT TO COMPLY WITH THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD EXIT IMMEDIATELY.
USE OF MERCHANT PORTAL & BANKROLL MOBILE APP
As a Borrower/Merchant you agree to the following additional terms and conditions (“Terms”) for use of the ARF Financial, LLC (ARF) Website, Merchant Portal and Bankroll Mobile App websites (together collectively referred to herein as the “Sites”). The Sites are provided as a tool and convenience for Users (defined below) 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 the Sites shall in no way modify, amend or excuse any obligation of the Merchant/Borrower or any Loan Guarantor (collectively, a “User”) or give rise to any right of offset, reduction or modification of the Merchant Agreement, Guaranty and/or any obligations thereunder (collectively, “Financing Agreements”). This is a legal agreement between you and ARF.
As used herein, the following words shall have the following meaning. “ARF” includes “ARF Financial LLC”, “ARF”, “we”, “us” and “our”. “You” or “Your” refers to the User of the Sites.
The Sites are intended to offer certain features to a User which may include but not limited to the following: (i) access to account balances, account statements and payment history, (ii) request a Draw or Additional Advance on a Loan, (iii) electing a Pay Down under a Bankroll Revolving Line of Credit, (iv) manage account settings such as user name and password settings, and (v) requesting an Early Payoff Statement (the “Services”). The use of the Services is also subject to the limitations and requirements set forth in the Financing Agreements. ARF reserves the right to modify the Services and functionality of the Sites at any time.ARF does not warrant the availability or functionality of the Sites and the availability and functionality of the Sites shall in no way modify, amend or excuse any obligation of the User under its Financing Agreements, including the obligations to make timely and full payments under the Financing Agreements. The use of the Sites and Services may be subject to additional terms, and such additional terms will be either listed in these Terms or will be presented to you for your acceptance when you sign up to use the Services or enter into further Financing Agreements. Please check these Terms periodically for changes because we reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms. Your continued use of the Sites following the posting of changes will mean that you accept and agree to the changes. Please see the beginning of the Terms to determine when the Terms were last revised.
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
You understand, acknowledge and agree the design of Sites, 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.
This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering this site and Content no distribution or solicitation is made by ARF to any person to use the Site or Content in jurisdictions where the provision of the site and/or content is prohibited by law.
E-SIGN CONTENT TO USE ELECTRONIC RECORDS & SIGNATURES
Our goal is to provide you with as many options as possible for receiving your merchant account information and documents. By using the Sites, 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 Sites and updating your contact information.
You acknowledge that telephone calls to or from ARF, together with its agents and affiliates, may be monitored and recorded and you agree to such monitoring and recording. You verify that any contact information provided to ARF, including not limited to your name, mailing address, email address, your business telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber to the telephone number that you have provided. Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify us before the change goes into effect or as soon thereafter as possible by emailing us at Portal_Support@arffinancial.com. You acknowledge that by voluntarily providing your telephone number(s), you expressly agree to receive auto-dialed calls and text messages (such as SMS, MMS, or successor protocols or technologies) from ARF, and third parties acting on its behalf, related to promotions, your account, any application or transaction, and/or your relationship with ARF. You acknowledge that automated calls or text messages may be made to your telephone number(s) even if your telephone number(s) is/are registered on any state or federal Do Not Call list. You agree that ARF may obtain, and you expressly agree to be contacted at, any email addresses, or phone numbers provided by you or your representative at any time or obtained through other lawful means, such as skip tracing, caller ID capture, or other means. You understand that you do not have to agree to receive automated calls/texts as a condition of transacting business with ARF. If you do not consent, you may call us at (866) 702-4430 or via email to Portal_Support@arffinancial.com. Your consent to receive automated calls and texts is completely voluntary. You may opt-out at any time. To opt-out of text messages, reply STOP to any text message you receive from us. You may also text HELP for help. You acknowledge and agree to accept a final text message confirming your opt-out. We may use different short codes for different messaging purposes so texting STOP to one short code will not effectuate a stop request for all short codes to which you are subscribed. If you would like to stop messages from multiple short codes, reply STOP to each short code to which you would like to unsubscribe.You may also contact us at Portal_Support@arffinancial.com advising that you want to opt out of text messages and specifying the phone number(s) for which opt-out should apply. You may incur a charge for text messages from your telephone carrier for which you will be responsible. You must notify use immediately of any breach of security or unauthorized use of your telephone device. You agree to indemnify ARF for any privacy, tort or other claims, including under the Federal Telephone Consumer Protection Act or similar state laws, including claims relating to providing a telephone number that is not owned by you and/or your failure to notify us of any changes in your contact information, including telephone number. You agree to indemnify, defend and hold us harmless from and against any and all such claims, losses, liabilities, costs and expenses (including reasonable attorneys’ fees incurred) with counsel of our choice.
DISCLAIMER OF WARRANTY
This section shall apply to the maximum extent permitted by applicable law. ARF provides the Sites and the Services on an “as-is” and “as available” basis and grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the Services or the Sites (including all information contained therein), including any implied warranties of merchantability, fitness for a particular purpose or non-infringement. ARF does not warrant that your use of the Services will be secure, uninterrupted, always available, error-free or will meet our requirements, or that any defects in the Services will be corrected. ARF disclaims liability for, and no warranty is made with respect to connectivity and availability of the Sites or the Services.
LIMITATION OF LIABILITY
In no event will ARF be liable for any incidental, special, consequential or indirect damages arising out of or relating to the use or inability to use the Sites or the Services, including, without limitation, damages for loss or corruption of data or programs, service interruptions and procurement of substitute services, even if ARF knows or has been advised of the possibility of such damages. ARF and its contractors may use methods of verifying information that Users provide. However, none of those ways are perfect, and you agree that ARF and its contractors will have no liability to you arising from incorrectly verified information.
The provisions requiring mandatory arbitration, including exceptions thereto, contained in the Financing Agreements are incorporated herein by this reference and also govern any disputes relating to the use of the Sites.
ENGLISH WEBSITE / MOBILE APPLICATION
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.
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 mis-delivery, 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.
If you have questions regarding the Agreement or the practices of ARF, please contact us by e-mail at email@example.com or by regular mail at: ARF Financial LLC, 1300 Sawgrass Corporate Parkway, Suite 120, Sunrise, FL 33323, Attention: General Counsel.