(888) 307-6700

I. Acceptance of Terms

These Terms of Use (the “Terms”) govern your use of the WYNWOOD CAPITAL
GROUP (the “Company”) services available through our website located
at wynwoodcapitalgroup.com (the “Website”), including any content, functionality 
and services offered on or through the Website or any of the Company’s sub-
domains.

II. Eligibility
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, BROWSING OR
USING THE WEBSITE, YOU REPRESENT (1) THAT YOU ARE OF LEGAL AGE TO
FORM A BINDING CONTRACT WITH THE COMPANY AND (2) YOU HAVE THE
AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF
THE COMPANY YOU REPRESENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE
TERMS OF USE, YOU MAY NOT ACCESS OR USE THE WEBSITE.

III. Changes to Terms of Use

Please note that the Terms are subject to change by the Company in its sole
discretion at any time. When changes are made, the Company will make a new
copy of the Terms available on the Website. We will also update the “Last Updated”
date at the top of these Terms. Any changes to the Terms will be effective
immediately for users of the Website. The Company may require you to provide
consent to the updated Terms in a specified manner before further use of the
Website is permitted. If you do not agree to any change(s) after receiving a notice of
such change(s), you shall stop navigating the Website; otherwise, your continued
use of the Website constitutes your acceptance of such change(s). Please regularly
check the Website to view the most current Terms.

IV. Third Party APIs

Our Website incorporates information from third-party marketplace platforms using
Application Programming Interfaces (“APIs”) that may be owned and maintained by
that third party. These APIs provide your personal information and other data to the
Company. These third-party sites may contain their own terms of use, and you
remain responsible for your compliance with any terms governing your use of the
third-party site and the information you provide Company through that third party’s
API. By linking a third-party account to the Company via API, you represent and
warrant that you have the necessary authority to grant us access to the information
provided through that API. You acknowledge and agree that Company is not
responsible for the availability of, or any content located on or through, any third-
party site, or any services provided by third parties, including the third-party APIs.
You further acknowledge that any reliance on representations and warranties
provided by any party other than Company will be at your own risk. You expressly
agree to hold us harmless for any claims of damage arising from any content,
product or service provided by any third party.

V. Certain Restrictions

The rights granted to you in the Terms are subject to the following restrictions: (a)
you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or
otherwise commercially exploit the Website or services (collectively, the “Company
Properties”) or any portion of the Company Properties; (b) you shall not frame or
utilize framing techniques to enclose any trademark, logo, or other Company
Properties (including images, text, page layout or form) of Company; (c) you shall not
use any metatags or other “hidden text” using Company’s name or trademarks; (d)
you shall not modify, translate, adapt, merge, make derivative works of,
disassemble, decompile, reverse compile or reverse engineer any part of the
Company Properties except to the extent the foregoing restrictions are expressly
prohibited by applicable law; (e) you shall not use any manual or automated
software, devices or other processes (including but not limited to spiders, robots,
scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download
data from any web pages contained in the Website (except that we grant the
operators of public search engines revocable permission to use spiders to copy
materials from the Website for the sole purpose of and solely to the extent
necessary for creating publicly available searchable indices of the materials, but not
caches or archives of such materials); (f) access the Company Properties in order to
build a similar or competitive website, application or service; (g) except as expressly
stated herein, no part of the Company Properties may be copied, reproduced,
distributed, republished, downloaded, displayed, posted or transmitted in any form
or by any means; (h) you shall not remove or destroy any copyright notices or other
proprietary markings contained on or in the Company Properties; and (i) you shall
not use the Company Properties for any illegal or unlawful purpose. Any
unauthorized use of the Company Properties terminates the licenses granted by the
Company pursuant to the Terms.

VI. Ownership Rights and License

As between you and Company, the Company Properties, including any design,
layout, logo, text, code, and graphics contained within the Website (the “Company
Content”) is, and shall remain the sole property of Company and is subject to
protection under U.S. and foreign copyright or trade mark laws. Other trademarks,
logos, and images that are available in connection with our Service are the property
of their respective owner (each an “Owner”), which may or may not be affiliated with,
connected to, or sponsored by Company.

VII. Communications 

The Company reserves the right to contact you from time to time for feedback
about the services, including for feedback and reviews and for service and support
related issues. We reserve the right to contact you through email and text
messages, or notices posted on the Website. Notices will be deemed effective at
the time they are sent by the Company or as of the date they are posted, regardless
of whether you actually read any such notices.

VIII. No Warranty

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE
COMPANY PROPERTIES IS AT YOUR SOLE RISK AND THAT, TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PROPERTIES,
SERVICES, AND ANY COMPANY CONTENT, ARE PROVIDED “AS IS” AND “AS
AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND
COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH
RESPECT TO THE COMPANY PROPERTIES, SERVICES AND ANY COMPANY
CONTENT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF
MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR
PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF
THIRD PARTY RIGHTS. COMPANY DOES NOT WARRANT THAT THE COMPANY
PROPERTIES AND ANY COMPANY CONTENT, WILL MEET YOUR REQUIREMENTS,
THAT THE OPERATION OF THE COMPANY PROPERTIES WILL BE
UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE COMPANY
PROPERTIES WILL BE CORRECTED, OR THAT THE SERVICE WILL BE AVAILABLE.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY OR ITS
AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. EXCLUDING THE
COMPANY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, TO THE EXTENT
PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL
DAMAGES TO YOUR PERSONAL AND REAL PROPERTY ARISING FROM
REASONABLE WEAR AND TEAR OR ORDINARY CARELESSNESS OF THE
COMPANY, INCLUDING, WITHOUT LIMITATION, LOST KEYS. YOU ACKNOWLEDGE
AND AGREE THAT THE COMPANY MAY UTILIZE THIRD PARTY APPS, AND OTHER
THIRD PARTY SERVICE PROVIDERS TO PERFORM THE SERVICES, AND THAT THE
COMPANY HAS NO CONTROL OR ABILITY TO CONTROL SUCH THIRD PARTY APPS
OR THIRD PARTY SERVICE PROVIDERS. ACCORDINGLY, COMPANY HEREBY
DISCLAIMS ANY AND ALL WARRANTIES AND LIABILITY WITH RESPECT TO SUCH
THIRD PARTY APPS AND THIRD PARTY SERVICES.

IX Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL COMPANY BE
LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR
CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR
ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED
TO YOUR USE OR INABILITY TO USE THE COMPANY PROPERTIES, ANY COMPANY
CONTENT, ANY INFORMATION AVAILABLE ON THE SERVICE, OR FROM ANY
COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH ANY REPRESENTATIVE
OF THE COMPANY, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF
LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF COMPANY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL
COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY
BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY)
EXCEED THE AMOUNTS PAID BY YOU TO COMPANY DURING THE TWELVE (12)
MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT(S) AND/OR OMISSION(S)
GIVING RISE TO SUCH DAMAGE. THE FOREGOING LIMITATIONS WILL APPLY EVEN
IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

X. Credit Application Disclaimer

Your submission of an electronic funding application through the Website shall have
the same force and effect as if the application bore an inked original signature. You
certify that your Account will be used solely for business and commercial purposes.
The applicant, or the person submitting the application if not the applicant, hereby
represents and warrants that the applicant(s), owner(s) and indemnitor(s) (if any)
have expressly authorized the applicant to enter into contracts on behalf of the
business, and that Company and its assigns, including select other finance
companies, may consider this information as true, accurate, and complete in all
respects, until the undersigned provides the Company with a written notice of
change. Each applicant authorizes the Company to: (1) obtain at any time, now or in
the future, investigative reports and credit reports through a credit agency chosen
by the Company, and (2) investigate any references or other information obtained
from or about the applicant and the business (including contacting the current
payment processor of the business to verify processing history) for purposes of the
application. The applicant acknowledges that, based upon such information and
other factors which may apply, the Company, in its sole discretion, may either grant
or decline to provide funding. By submitting an electronic application, the applicant
agrees to receive updates from the Company and its partners regarding the
application via US mail, telephone, fax, or email. If the applicant has provided a
mobile device number, applicant expressly agrees to receive voice and/or text
message communications at that number from the Company and its authorized
agents.  If your funding application is approved and you choose to accept funding
from the Company, you will be required to enter into a separate funding agreement
with the Company.

XI. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these
Terms of Use. You agree not to use the Website:

- In any way that violates any applicable federal, state, local or international law
or regulation (including, without limitation, any laws regarding the export of
data or software to and from the US or other countries);
- For the purpose of exploiting, harming or attempting to exploit or harm
minors in any way by exposing them to inappropriate content, asking for
personally identifiable information or otherwise;
- To transmit, or procure the sending of, any advertising or promotional
material, including any “junk mail”, “chain letter” or “spam” or any other similar
solicitation;
- To impersonate or attempt to impersonate the Company, a Company
employee, another user or any other person or entity (including, without
limitation, by using e-mail addresses or screen names associated with any of
the foregoing);
- To engage in any other conduct that restricts or inhibits anyone’s use or
enjoyment of the Website, or which, as determined by us, may harm the
Company or users of the Website or expose them to liability;
- In any manner that could disable, overburden, damage, or impair the site or
interfere with any other party’s use of the Website, including their ability to
engage in real time activities through the Website.

Additionally, you agree not to:

- Use any robot, bot, spider or other automatic device, process or means to
access the Website for any purpose, including monitoring or copying any of
the material on the Website;
- Use any manual process to monitor or copy any of the material on the
Website or for any other unauthorized purpose without the Company’s prior
written consent;
- Use any device, software or routine that interferes with the proper working of
the Website;
- Introduce any viruses, Trojan horses, worms, logic bombs or other code or
material which is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any
parts of the Website, the server on which the Website is stored, or any server,
computer or database connected to the Website;
- Attack the Website via a denial-of-service attack or a distributed denial-of-
service attack; or
- Otherwise interfere or attempt to interfere with the proper working of the
Website.

XII. Arbitration; Applicable Law

PLEASE READ THIS ABITRATION AGREEMENT CAREFULLY. It is part of your
contract with Company and affects your rights. It contains procedures
for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Except for a claim by Company against you, any and all disputes between you and
Company arising under or related in any way to these Terms must be resolved
through binding arbitration as described in this Section. This agreement to arbitrate
is intended to be interpreted broadly. It includes, but is not limited to, all claims and
disputes relating to your use of the Website. 

YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY
ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A
CLASS ACTION. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS
AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS
A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN
INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT
PERMITTED.

The arbitration will be governed by the Commercial Arbitration Rules and the
Supplementary Procedures for Consumer Related Disputes of the American
Arbitration Association (“AAA”), as modified by this Section. For any claim where the
total amount of the award sought is $10,000 or less, the AAA, you and Company
must abide by the following rules: (a) the arbitration shall be conducted solely based
on written submissions; and (b) the arbitration shall not involve any personal
appearance by the parties or witnesses unless otherwise mutually agreed by the
parties. If the claim exceeds $10,000, the right to a hearing will be determined by
the AAA rules, and the hearing (if any) must take place in New York, New York. The
arbitrator’s ruling is binding and may be entered as a judgment in any court of
competent jurisdiction. In the event this agreement to arbitrate is held
unenforceable by a court, then the disputes that would otherwise have been
arbitrated shall be exclusively brought in the state or federal courts located in New
York. Claims of infringement or misappropriation of Company’s patent, copyright,
trademark, or trade secret shall be exclusively brought in the state and federal
courts located in New York, New York.

The laws of the State of New York, excluding its conflicts of laws rules that would
result in the laws of a State other than New York, govern this license and your use of
the Service.

XIII. Disclaimer of Warranties

You understand that we cannot and do not guarantee, represent, or warrant that
files available for downloading from the Internet or the Website will be free of
viruses or other destructive code. You are solely 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 site for any reconstruction of any lost data. 

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A
DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER
TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER
EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL
DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED
THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL
POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE,
ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE
IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR
ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND
“AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED
WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH
RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY
OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING,
NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY
REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY
SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE,
RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE
CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE
OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL
OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR
PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES
WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

XIV. Limitation on 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 FOREGOING DOES NOT AFFECT ANY
LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

XV. Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates,
licensors and service providers, and its and their respective officers, directors,
employees, contractors, agents, licensors, suppliers, successors and assigns from
and against any claims, liabilities, damages, judgments, awards, losses, costs,
expenses or fees (including reasonable attorneys’ fees) arising out of or relating to
your violation of these Terms of Use or your use of the Website, including, but not
limited to, any use of the Website’s content, services and products other than as
expressly authorized in these Terms of Use or your use of any information obtained
from the Website.

XVI. Governing Law and Jurisdiction 

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 New York without giving effect to any choice or conflict
of law provision or rule (whether of the State of New York 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 a federal or state court located in
New York, New York, although we retain the right to bring any suit, action or
proceeding against you for breach of these Terms of Use in your jurisdiction or any
other relevant jurisdiction. You waive any and all objections to the exercise of
jurisdiction over you by such courts and to venue in such courts.

XVII. Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to a
U.S. Government embargo, or that has been designated by the U.S. Government as a
“terrorist supporting” country; and (ii) you are not listed on any U.S. Government list
of prohibited or restricted parties.

XVIII. Release

You hereby release the Company and its successors from claims to the extent
permissible by applicable law, of all demands, any and all losses, damages, rights,
and actions of any kind, including personal injuries, death, and property damage,
that is either directly or indirectly related to or arises from your use of the Company
Properties, including but not limited to, any interactions with  third-party websites of
any kind arising in connection with or as a result of the Terms or your use of the
Company Properties. If you are a California resident, you hereby waive California
Civil Code Section 1542, 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.

XIX. Termination

Company may cancel, suspend or block your use of the Service without notice if
there has been a violation of these Terms. Your right to use the Service will end
once your registration is terminated, and any data you have stored on the Service,
unless Company is required to retain it by law. You may terminate your registration
at any time. Company is not responsible or liable for any records or information that
is made unavailable to you as a result of your termination of registration. YOU
AGREE THAT COMPANY WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY
FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES. 

XX. Consumer Complaints

If you are a California resident, in accordance with California Civil Code §1789.3, you
may report complaints to the Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs by contacting them in
writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

XXI Miscellaneous

Company’s failure to enforce any provision of these Terms shall not be deemed a
waiver of such provision nor of the right to enforce such provision. If any part of
these Terms is determined to be invalid or unenforceable pursuant to applicable
law, including, but not limited to, the warranty disclaimers and liability limitations set
forth above, then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent of the original
provision and the remainder of these Terms shall continue in effect. A printed
version of these Terms and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to these
Terms to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. All
contracts completed electronically will be deemed admissible for all legal purposes
to be in writing and legally enforceable as a signed writing.