Terms of Use and Service

Introduction

Welcome to TwinFold Capital, a Merchant One Solutions LLC company (“Company”, “TwinFold Capital”, “we” or “us”). The following terms and conditions (these “Terms of Use”), together with any documents they expressly incorporate by reference, govern your access to and use of www.twinfoldcapital.com (the “Website”), including any products, content, and services offered on or through the Website and any related applications, networks, communication channels or other services provided by us (collectively, the “Services”).

Please read the Terms of Use and Service carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, and our Privacy Policy, found at twinfoldcapital.com/privacy.html, incorporated herein by reference. All information we collect on this Website is subject to our Privacy Policy. If you do not want to agree to these Terms of Use and Service or the Privacy Policy, then please do not use the Website or the Services.

TwinFold Capital reserves the right to make unilateral modifications to these Terms of Use and Services at any given time. Each modification will be effective upon posting on this Site. You agree to be bound to any changes to this Agreement when such modifications are posted on the Website. If you do not agree to any of these terms, then please do not use the Website or the Services.

Description of Services

TwinFold Capital operates and acts as an intermediary and Marketplace for small business owners and users to obtain funding and/or information about small business financing products, certain loans and other financing products and services through TwinFold Capital and its third-party service providers, including but not limited to, banks, specialty finance companies, private companies, family offices and other lending sources. We do not, and will not, make any coverage or credit decision with any service provider that may be referred or introduced to you through our Services. We do not (i) validate the licensing, certification, or other qualification of Service Providers that you may encounter through our Services, (ii) guarantee the terms or rates offered by any third party through or on our Services, or (iii) issue credit cards or any other financial products.

No Guarantees. TwinFold Capital may not be able to provide matches for every use and/or business seeking to use the Services. TwinFold Capital makes no guarantees as to the number of matches or the suitability of the business funding for any individual or business which utilizes the Services.

We are not responsible for the conduct or policies of the service providers. The terms and rates provided by any service provider will be subject to the applicable terms and conditions of the products and services offered by the service providers.

Eligibility

This Website and our Services are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or any of the Services.

Use of Site and Service

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in whole or in part, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website to users.

In order to access some of the Services, you may be required to provide certain contact information, including your email, through our Website. You agree that all information you provide directly to us on our Website or through other communications with us is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

In order to receive information about financial services and products from third party service providers, you will be required to submit a request (“Information Request”) that provides certain information about yourself to third parties, depending on the financial information requested, such as your email address, phone number, date of birth, social security number, bank account information, credit score, financial information, and homeowner status (“User Data”). You represent and warrant that all User Data that you submit is true and accurate, and that you are authorized to share it with us. You agree that all User Data submitted in an Information Request is governed by the privacy policies of such service provider or third party to whom you submit the Information Request. You authorize the service providers and their affiliates to conduct all necessary research with your User Data for purposes of providing you with the information you request.

By providing us with contact information through the Website or any of the Services, you agree to receive communications from us, either directly, on our Website, or through a third party, including vie email, calls and sms text messages. We may also contact you by telephone using an automated dialing system along with a pre-recorded message, voicemail messages, or interactive voice response system. These calls may be for information and marketing purposes, including to provide you with information about TwinFold Capital services. Standard text message and minute charges applied by your cell phone carrier will apply. If you wish to opt out of these communications, please either follow the unsubscribe options in the email itself or email TwinFold Capital at [email protected]. You may update your contact information by contacting us at [email protected]. Additionally, by submitting Information Requests, you consent to be contacted by the relevant service providers via email or telephone or sms text messages.

Any content or information provided by user will be considered non-confidential and non-proprietary. You agree to provide accurate, true, current and complete information. In the event that TwinFold Capital determines that the information that is provided is incomplete, fraudulent, false, or otherwise inaccurate, TwinFold Capital reserves the right to terminate your access to the Services.

You agree to only use the Site or Services for a bona fide business purpose. You agree not to use the Site or Services for personal, family or household purposes. You may not use the Site or Services to obtain information about or make decisions about anyone but yourself and/or your business.

Intellectual Property Rights

You hereby acknowledge and agree that TwinFold Capital is the owner of all rights in and to the Website and Services. Federal, state, and local laws and regulations protect these proprietary rights. You are permitted to use the Site and Services only as expressly authorized by these Terms. You may not copy, reproduce, distribute or create derivative works, reverse engineer or reverse compile any of the Site or Services or technology.

You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) confidential information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Site or Services, without first obtaining the prior written consent of the owner of such proprietary rights.

By providing information or content to any account or public area of the Site or Service, you automatically grant, and you represent and warrant that you have the right to grant, to TwinFold Capital and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test or implement new features or services on the Site in which you may voluntarily choose to participate, in accordance with the additional terms and conditions of such features or programs. By your voluntary participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or services.

User Contributions to and by Third Parties

The Website and Services may contain links to websites of third-parties, including without limitation, advertisers, which are not under the control of TwinFold Capital, and TwinFold Capital is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such websites. TwinFold Capital provides these links to you as convenience, and the inclusion of any link does not imply that TwinFold Capital endorses or accepts any responsibility for the content on such third-party websites.

Your correspondence or business dealings with, or participation in promotions of, advertisers or third-parties found on or through the Site or Services are solely between you and such advertiser or third-party. You agree that TwinFold Capital will not be responsible or liable for any loss or damage of any sort incurred as the result of the presence of such advertisers on the Site or Services.

Prohibited Uses and Content

You may use the Website and the Services only for lawful purposes and in accordance with these Terms of Use. You agree to not use the Site or Services for any illegal purpose. You will only use the Site or Service in accordance with federal, state and local laws. You agree to not violate the Terms of Use for the Website.

Indemnifications

You agree to defend, indemnify and hold harmless TwinFold Capital and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, judgments, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your information or any that is sent/submitted via your account; or (vi) any other party's access and use of the Service with your unique username or other appropriate security code.

Limitation of Liability

In no event will the company, its affiliates, or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites, or any services or items obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. The company expressly disclaims any and all liability for any content, products or services provided by service providers and other third parties. If, notwithstanding the foregoing disclaimer, the company is determined to be liable to you, you agree that in no event shall the company’s total liability exceed us $50.00. These limitations and exclusions apply even if this remedy does not fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages.

If you are a California resident, you hereby waive application of Section 1542 of the Civil Code of the State of California (or any similar statute or law of any other jurisdiction), which states “[A] general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” The foregoing paragraph does not affect any liability which cannot be excluded or limited under applicable law.

No Warranty or Guaranty

By using our Services, including submitting an application for small business financing on our Website or forms, you expressly acknowledge and agree that TwinFold Capital does not represent, warrant or guarantee that you will qualify for or obtain a business funding or other business funding product. In addition, TwinFold Capital does not represent, warrant or guarantee that you will qualify for or obtain a business funding or other business funding product in the amount requested or at all. In all cases, credit, lending and funding decisions are made only by the Funders and other Third Party service providers at their sole discretion.

The Services are provided on an "as is" and "as available" basis and, to the maximum extent permitted by applicable law, they provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, TwinFold Capital, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the Services will meet your requirements; that the Services will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service are free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Services is downloaded at your own risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Services.

TwinFold Capital does not warrant, endorse, guarantee, or assume responsibility for any product or service offered by a third party, and TwinFold Capital will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

Disclaimer

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. Use of the Services is at your own risk. The Services are provided on an “as is” and “as available” basis. TwinFold Capital and its affiliates, suppliers and partners expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

TwinFold Capital and its affiliates, suppliers and partners make no warranty that: i)The Website or the Services will meet your requirements, ii) The Website or the Services will be uninterrupted, timely, secure or error-free and/or iii) There will be no errors in the Website or the Services or that TwinFold Capital will fix any errors.

Any materials downloaded or otherwise obtained through use of the Website or Services are provided at your own discretion and risk, and TwinFold Capital shall not be responsible for any damage caused to your computer or data or for any bugs, viruses, trojan horses or other destructive code resulting from use of the Website or the Service.

Governing Law

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

Dispute Resolution. Please read the following arbitration agreement in this Section ("Arbitration Agreement") carefully. It requires you to arbitrate disputes with TwinFold Capital and limits the manner in which you can seek relief from us. It is part of your contract with TwinFold Capital and affects your rights. It contains procedures of Mandatory Binding Arbitration and a Class Action Waiver.

Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Agreement or the use of any product or service provided by TwinFold Capital that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and TwinFold Capital, and to any subsidiaries, Affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Agreement. This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of these Terms of Service or any prior version of these Terms of Service.

Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute ("Notice") describing the nature and basis of the claim or dispute, and the requested relief. A Notice to TwinFold Capital should be sent to: 601 N. Larchmont Blvd. Los Angeles, Ca 90004. After the Notice is received, you and TwinFold Capital may attempt to resolve the claim or dispute informally. If you and TwinFold Capital do not resolve the claim or dispute within Sixty (60) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association ("AAA"), an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this Section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Agreement. The AAA Consumer Arbitration Rules ("Arbitration Rules") governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that TwinFold Capital made to you prior to the initiation of arbitration, TwinFold Capital will pay you the greater of the award or $2,500.00. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

Time Limits. If you or TwinFold Capital pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and TwinFold Capital. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

Waiver of Jury Trial

The parties hereby waive their constitutional and statutory rights to go to court and have a trail in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and TwinFold Capital in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, you and TwinFold Capital waive all right to a jury trial, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions

All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

Confidentiality

All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce these Terms of Service, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability

If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

Right to Waive

Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

Entire Agreement

These Terms of Service constitute the entire agreement between you and TwinFold Capital with regard to your use of the Site and the Services. Any and all other written or oral agreements or understandings previously existing between you and TwinFold Capital with respect to such use are hereby superseded and canceled.

Contact Information

TwinFold Capital

601 N. Larchmont Blvd

Los Angeles, Ca 90004

All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: [email protected]