PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS SITE. ANY USE OF THIS WEBSITE CREATES A BINDING AGREEMENT TO COMPLY WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD EXIT THIS SITE IMMEDIATELY.
ARF Financial LLC (“ARF”) provides or arranges short-term working capital loans and other working capital solutions to small and medium size business merchants and this site is offered exclusively for this purpose. The following are terms of a legal agreement (the “Agreement”) between you and ARF Financial LLC (“ARF”, “we”, or “us”) that sets forth the terms and conditions for your use of this web site (the “Site”). The Site is owned and operated by ARF. This Site is being provided to you expressly subject to this Agreement. By accessing, browsing and/or using this site (“Site”), you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations. The terms and conditions of this Agreement form an essential basis of our bargain.
We reserve the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on the Site. You should check this Agreement periodically for changes. All changes shall be effective upon posting. Your continued use of the Site after any change to this Agreement constitutes your agreement to be bound by any such changes. We may terminate, suspend, change, or restrict access to all or any part of this Site without notice or liability.
USE OF ARF WEBSITE, MERCHANT PORTAL AND BANKROLL MOBILE APP
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”). The term “User” may also refer to participants in ARF’s referral partner program as applicable. 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 ARF Bankroll Revolving Line of Credit, (iv) manage account settings such as username and password settings, and (v) requesting an Early Payoff Statement (the “Services”). The Sites will restrict the ability to request a Pay Down and will not post the Pay Down if the Pay Down is made or requested within one week of funding of a Draw or a previous Pay Down (“Resent Event”) until the first Weekly Payment which is due after such Reset Event is paid and posted to the User’s account. The use of the Services is also subject to the limitations and requirements set forth in the Financing Agreements, including the Advance Requirements, see below. 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.
“Advance Requirements” are the conditions to each Advance as may be determined from time to time in Lender’s sole and complete discretion and may include but are not limited to the following conditions and/or that none of these adverse events has occurred: (i) the Merchant does not qualify for the dollar amount requested, (ii) the Advance Request is for less than $5,000, (iii) the Merchant’s Loan payment history reflects missed payments and/or the Merchant is not current, (iv) the Merchant has placed a Stop Payment or Revoked Authorization on their bank account, or their bank account has been frozen, (v) the Guarantor’s Equifax Beacon Score has dropped to a lower Equifax Beacon Score underwriting tier than the tier in which the Loan was originally approved, (vi) the Merchant has new tax liens, judgements and/or collection issues, (vii) the Merchant has taken on new debt or obligations or merchant cash advance resulting in new debt payments being made from the Merchant’s bank account (viii) the Merchant’s legal entity is not active on the applicable State Site, (ix) the Merchant’s sales have dropped more than 15% in the most current month(s) reviewed without satisfactory explanation, (x) The Merchant has more than 15 NSFs in the most current month without satisfactory explanation, (xii) the Merchant has overdrawn bank account balances in the current month, (xiii) the Merchant is currently delinquent on their lease, rent or business mortgage by more than 30 days without satisfactory explanation, (xiv) the Merchant or any Guarantor has filed for bankruptcy, (xv) any other event has occurred that with the passage of time or notice would constitute an Event of Default under the Merchant Agreement, (xvi) the Merchant’s ownership has materially changed, (xvii) the Merchant’s business has closed whether temporarily or permanently, (xviii) the main Guarantor on the Loan has died or has become physically incapacitated due to serious illness, (xix) the main Guarantor on the Loan is currently more than 30 days late on their home mortgage, (xx) any other issue that Lender’s Underwriting may determine poses a significant impact on the creditworthiness of the Merchant or the Guarantor(s) requesting the Advance. Lender or Servicer may require additional information to determine the Merchant’s and Guarantor’s creditworthiness. In addition, the Advance Request, along with all prior outstanding advances shall not exceed the Merchant’s Maximum Loan Approval.
PROMOTIONAL OFFERS/GIFT CARDS
Promotional Offers for Amex Gift Card(s) are conditional based upon the terms of the Offer and the Merchant’s approval under standard underwriting models and policies, merchant’s acceptance of an approved loan amount, rate and term, and the Advance Requirements for Advances under Bankroll Lines of Credit and the minimum draw requirements and maximum gift card amounts stated in the Offer. Minimum funding or draw requirements apply to each individual loan/draw requested and funded. Individual loans/draws cannot be combined to meet the minimum requirements of any promotional offer. ARF Financial reserves the right to terminate any promotional offer at any time.
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.
LIMITATIONS OF USE AND PROPRIETARY INFORMATION
The copyright in all material on this Site, including without limitation the text, data, articles, design, source code, software, photos, images and other information (collectively the “Content”), is held by ARF or by the original creator of the material and is protected by U.S. and International copyright laws and treaties. You agree that the Content may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of ARF. You acknowledge that the Content is and shall remain the property of ARF. You may not modify, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. The use of the Content on any other Site, including by linking or framing, or in any networked computer environment for any purpose, is prohibited without ARF’s prior written approval. You also may not, without ARF’s express written permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any Content on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations.
E-SIGN 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 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 autodialed 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 us 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.
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.
ARF Financial (including the ARF logo), arffinancial.com, and all related logos (collectively the “ARF Trademarks”) are trademarks or service marks of ARF. Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks owned by others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the ARF trademarks displayed on this Site, without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the Site unless in accordance with written authorization by us. We prohibit use of any of the ARF trademarks as part of a link to or from any site unless establishment of such a link is approved in writing by us in advance. Any questions concerning any ARF Trademarks, or whether any mark or logo is a ARF Trademark, should be referred to ARF.
ADDITIONAL TERMS AND 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 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
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.
This Agreement is effective until terminated by ARF. ARF may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Site at any time, with or without cause, in ARF’s absolute discretion and without notice. The following provisions of this Agreement shall survive termination of your use or access to the Site: the sections concerning Waiver, Applicable Law and Dispute Resolution, and General Provisions, and any other provision that by its terms survives termination of your use or access to the Site.
Failure by ARF to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
APPLICABLE LAW AND DISPUTE RESOLUTION
This Agreement and all other aspects of your use of the Site shall be governed by and construed in accordance with the laws of the United States and, to the extent applicable, to the laws of the State of California, without regard to its conflict of laws rules. You agree that you will notify ARF in writing of any claim or dispute concerning or relating to the Site and the information or services provided through it, and give ARF a reasonable period of time to address it BEFORE bringing any legal action, either individually, as a class member or representative, or as a private attorney general, against Prosper.
This Agreement shall be subject to any other agreements you have entered into with ARF.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.
If you believe, in good faith, that any materials on the Site infringe your copyrights, notifications of claimed copyright infringement should be sent to ARF’s designated agent. ARF’s agent for notification of claimed copyright infringement is: Robert Lapidus, telephone: (858) 657-9400, fax: (858) 657-9031, email: email@example.com.
If you have questions regarding the Agreement or the practices of ARF, please contact us by e-mail at firstname.lastname@example.org or by regular mail at ARF Financial LLC, 1300 Sawgrass Corporate Parkway, Suite 120, Sunrise, FL 33323, Attention: General Counsel.
Last Updated: November 2023