Last updated and effective: June 7, 2021
this web site located at www.oneparkfinancial.com (collectively the “Site). The Site is owned and
operated by One Park Financial. This Agreement also applies to your use of any Services offered
through the Site regardless of how they are accessed. By accessing, browsing, or using the Site, you
acknowledge that you understand, accept, and agree to, and are bound by this Agreement and our
extent required by the law of any state you have provided, have received, and agree to all
disclosure and consent requirements. Your use of, or participation in, certain Services may be
subject to additional terms; by agreeing to proceed with any such Services you acknowledge that you
have read, understand, and agree to be bound by any additional terms displayed or referenced that
apply to that Service.
One Park Financial is a Delaware limited liability company (LLC) with its corporate headquarters
located at 3390 Mary Street, Suite 310 Coconut Grove, Florida 33133.
This Agreement is subject to change by One Park Financial in its sole discretion at any time. Such
revisions become effective immediately upon posting on this Website. You agree to review this
Agreement for any such revisions upon your use of this Website. Your continued use of this Website
and/or Services constitutes your acceptance and agreement of such revisions. The date at the top of
grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
1. Defined Terms
For the purpose of this Agreement, “you” or “your” means the person(s) using this Website and/or
Services, and any person(s) for whom such person(s) are acting as an agent with respect to this
Website and/or Services.
“One Park,” “Us,” or “We” is used collectively as One Park Financial.
Network Partners includes, but may not be limited to, lenders, service providers, and other entities
offering products and services through One Park’s Website
“Qualification Form” or “Prequalification Form” refers to your request to be approved for working
capital through One Park’s affiliated, preferred financing partner, McKenzie Capital, or any other
network partner that We could match you with offering their products and services.
2. Use of the Site and Services
As a user of the Site or a user registered to use any of the Services (a “Registered User”), you
agree to the following:
3. Intellectual Property
- Exclusive Use. Your account is to be used only by you and only for your business needs. You may
not authorize others to use your account on your behalf, and you may not assign or otherwise
transfer your account to any other person or entity. You acknowledge that One Park is not
responsible for third-party access to your account that results from theft or misappropriation
of your username(s) and password(s).
- Information Submitted. You are solely responsible for, and assume all liability regarding; (i)
the information and content you provide through your use of the Site and any Services; (ii) the
information and content you make available in any manner through the service; and (iii) your
interaction with any and all third-parties.
- Risk Assumption and Precautions. You assume risk when using the Site and Services.
- No Guarantees. One Park Financial makes no guarantee to any outcome through the use of the Site
- No False Information. You will provide accurate, true, current and complete information.
- Legal Purpose. You will 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.
- Business Purpose. You will only use the Site or Services for a bona fide business purpose. You
will not 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.
- Age. The Site is intended for individuals who are at least 18 years of age. By using or
accessing the Site, you acknowledge you are at least 18 years of age.
- Errors and Delays. We are not responsible for any errors or delays in responding to a request or
referral form caused by incorrect information provided by you or any other technical problems
beyond our reasonable control.
4. User Information
- Ownership of Proprietary Information. You hereby acknowledge and agree that One Park Financial
is the owner of all rights in and to the Site and Services. These proprietary rights are
protected by federal, state and local laws and regulations. You are permitted to use the Site
and Services only as expressly authorized by this Agreement. You may not copy, reproduce,
distribute or create derivative works, reverse engineer or reverse compile any of the Site or
Services or technology.
- No Use of Confidential Information. You will not duplicate, publish, copy, modify, participate
in the transfer of, create any derivative works from, post on the world wide web, distribute,
reproduce, or in any way distribute or exploit the Site, or any portion of the Site for any
public or commercial use without express written consent of One Park Financial. You also agree
that you will not (i) remove or alter any trademark or other proprietary notice or legend
displayed on the Site (or printed pages produced from the Site); and (ii)make any other
modifications to any documents obtained from the Site other than in connection with completing
information required to transact business with One Park Financial.
- License to Provided Content. 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 One Park 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.
5. Auto Dialed Calls
information about the collection and possible use of information and material you voluntarily
- Information Security Policy. The OPF Information Security Policy, hereby incorporated by
reference into this Agreement, explains the policy applicable to the information that is
collected through the Site, received directly from you or transmitted to or from third parties.
- Disclosure by Law. You acknowledge and agree that One Park may disclose information you provide
if required to do so by law, at the request of a third-party, or if we, in our sole discretion,
believe that disclosure is reasonable to; (i) comply with the law, requests or orders from law
enforcement, or any legal process (whether or not such disclosure is required by applicable
law); or (ii) protect or defend OPF ́s, or a third-party ́s, rights or property.
- Use of Anonymous Information for Research. By using the Site and/or Services, you agree to allow
us to anonymously use the information you provide us and your experiences through the Services
to continue One Park ́s research into successful business practices and to improve the Services.
By sharing your telephone number with us, you expressly request to receive information via
telephone, through the possible use of an automatic telephone dialing system or
artificial/prerecorded voice even if your telephone number(s) is/are currently listed on any state,
federal or corporate Do Not Call Registry/list. Consent is not a requirement to purchase goods or
6. Subscription Service
We offer a Standard Membership Plan that activates when you complete the online form. There is no
charge for this membership plan. Your Standard Membership Plan may provide you with being matched
with funders, as well as give you access to One Park’s Customer Service personnel. We do not make
any guarantees of the use of this Service.
7. Links to Third-Party Websites and Dealings with Advertisers and Sponsors
The Site and/or the Services within may contain links to websites of third parties, including without
limitation, advertisers, who are not under the control of One Park. We are 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. One Park provides these links to you as a convenience. The inclusion of any link does not
imply that we endorse or accept any responsibility for the content on such a third-party website.
Your correspondence or business dealings with, or participation in promotions of, advertisers or
third parties found on or through this Website or its Services are solely between you and such
advertiser or third-party. You agree that One Park 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 this Website or
The 24-hour pre-qualification decision begins on the business day following receipt of your
application. The 72-hour funding timeframe is based on business days after your approval. Business
days are defined as days when our offices and our funders’ offices are open for carrying on all of
their business functions and are not considered any floating or fixed legal holiday (New Year’s Day,
Martin Luther King Jr.’s Birthday, Washington’s Birthday, Memorial Day, Independence Day, Labor Day,
Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day). Funding will depend upon our
preferred affiliate funder’s policies and processes, and it is possible that funding may not occur
within the specified timeframe.
9. Disclaimer of Warranty
10. Limitation of Liability
- No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ONE
PARK FINANCIAL PROVIDES 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 SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ONE PARK
FINANCIAL DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE UNINTERRUPTED, ALWAYS
AVAILABLE, ERROR- FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL
BE CORRECTED. OPF DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE
CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
- Third-Party Content. Opinions, advice, statements, offers, or other information or content made
available through the Site or Services, but not directly by One Park, are those of their
respective authors, and should not necessarily be relied upon. Such authors are solely
responsible for such content. ONE PARK FINANCIAL DOES NOT: (i) GUARANTEE THE ACCURACY,
COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE
OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT
MADE BY ANY PARTY OTHER THAN OPF. UNDER NO CIRCUMSTANCES WILL OPF BE RESPONSIBLE FOR ANY LOSS OR
DAMAGE RESULTING FROM ANYONE ́S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR
SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
- Beta Features. From time to time, we may offer new “beta” features or tools with which its users
may experiment on the Site or Services. Such features or tools are offered solely for
experimental purposes and without any warranty of any kind, and may be modified or discontinued
at One Park ́s sole discretion. The provisions of this Disclaimer of Warranty section apply with
full force to such features or tools.
- Incidental Damages and Aggregate Liability. IN NO EVENT WILL ONE PARK FINANCIAL BE LIABLE FOR
ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE
OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION
OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF ONE
PARK KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL
ONE PARK ́S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS
AGREEMENT OR THE USE OF THE SERVICES OR SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT OR
SUBSCRIPTION, OR, IF YOU HAVE NOT PAID OPF FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00 USD
OR ITS EQUIVALENT.
- No Liability for non-One Park Financial Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT WILL OPF BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT,
GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO
THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES.
- Information Verification. One Park Financial and its contractors may use various ways of
verifying information that users have provided. However, none of those ways are perfect, and you
agree that One Park and its contractors will have no liability to you arising from any
incorrectly verified information.
You agree to indemnify, defend and hold harmless One Park Financial, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorneys ́ fees) relating to or arising out of (i) your use of or inability to use the
Site or Services, (ii) any user postings made by you, (iii) your violation of any terms of this
Agreement or your violation of any rights of a third-party, or (iv) your violation of any applicable
laws, rules or regulations. One Park Financial reserves the right, at its own cost, to assume the
exclusive defense and control of any matter otherwise subject to indemnification by you, in which
event you will fully cooperate with us in asserting any available defenses.
12. Email Communications
Your responsibility is to maintain or update the email address you provide to us if you prefer
communicating electronically. You agree and acknowledge there are risks associated with
communicating via email, including the possibility of unauthorized access, failure to receive
emails, any inability to access email due to power outages, hardware or software malfunctions, or
failures of your computer, tablet, or mobile device, or matters affecting the internet or your
access to the internet.
13. Text Message
You consent to opt into One Park Financial’s text message services by providing your mobile number to
us. By opting in, you authorize One Park to use an autodialer or non-autodialer technology platform
to send recurring text messages to the mobile phone associated with your opt-in request. You do not
have to agree to opt-in as a condition of receiving Services from One Park Financial. You also
confirm that you are the subscriber to the relevant mobile number or the customary user of the
mobile number and are authorized to opt-in.
or data from our Services and any other records at
any time at our sole discretion. In the event your access to any of the Services is suspended due to the
breach of this Agreement, you agree that all fees then paid to OPF by you will be nonrefundable and all
outstanding or pending payments will immediately be due. You may terminate your account by following the
steps in the applicable section under “Cancellations” below.
One Park communicates via text message Services that may include information about any current or
future applications, accounts, products, or services you have with or through One Park Financial.
There is no set frequency or maximum amount of text messages sent each month; it varies. Standard
messaging and data rates may apply.
We obtain specific data from you in connection with using One Park Financial’s text messaging
services, including your mobile number, your carrier’s name, date, time, and content of your
messages, or any other information you provide to One Park as part of the Services.
At its sole discretion, one Park Financial may terminate its text messaging Service or your
participation in such Services at any time with or without notice to you. One Park is not
responsible for your carriers’ continuous or uninterrupted service or any secure text message
service. We are not liable for any delayed or undelivered text messages. It is your responsibility
to let us know if your mobile number is changed or deactivated.
To opt-out of receiving text messages, reply “STOP,” “UNSUBSCRIBE,” or “QUIT” to the text message you
receive. You may receive one additional text message confirming that you have been unsubscribed. You
can also call us at 1-866-625-7391 or email email@example.com. Be sure to include
the mobile number you wish for us to unsubscribe.
Your continued consent to receive text messages from One Park Financial constitutes your agreement to
any changes to these Terms and Conditions.
of receiving text messages from us.
Either you or One Park Financial may terminate your account at any time, for any reason or no reason,
without explanation, effective upon written notice to the other party. Without notice, for any
reason or no reason, we reserve the right to immediately suspend or terminate your access to the
Site and/or Services. We also reserve the right to remove your account information or data and any
other records at any time at our sole discretion. In the event your access to any of the Site and/or
Services is suspended due to the breach of this Agreement, you agree that all fees then paid to One
Park by you will be nonrefundable, and all outstanding or pending payments will immediately be due.
15. General Provisions
- Controlling Law and Jurisdiction. You agree that Florida law (without giving effect to its
conflicts of law principles) will govern this Agreement, the Site and Services, and that any
dispute arising out of or relating to this Agreement, the Site or Services will be subject to
the exclusive jurisdiction and venue of the federal and state courts in the Central District of
Florida. You acknowledge and agree that any violation of this Agreement may cause One Park
Financial irreparable harm, and therefore agree that One Park will be entitled to seek
extraordinary relief in court, including but not limited to temporary restraining orders,
preliminary injunctions and permanent injunctions without the necessity of posting a bond or
other security, in addition to and without prejudice to any other rights or remedies that we may
have for a breach of this Agreement.
- Miscellaneous. This Agreement, which you accept upon registration for the Services, the Privacy
Policy located on the Site, and any applicable payment, renewal, Additional Services terms,
comprise the entire agreement between you and One Park regarding the use of this Service,
superseding any prior agreements between you and One Park related to your use of this Site or
Services (including, but not limited to, any prior versions of this Agreement). The FAQ ́s found
on the Services are for informational purposes only and are not deemed to be part of this
Agreement. Unless otherwise explicitly stated, the Agreement will survive termination of your
registration to the Service. The failure of One Park Financial to exercise or enforce any right
or provision of this Agreement does not constitute a waiver of such right or provision. If any
provision of this Agreement is held invalid, the remainder of this Agreement will continue in
full force and effect. Regardless of any statute or law to the contrary, any claim or cause of
action arising out of or related to the use of the Site or this Agreement must be filed within
one (1) year after such claim or cause of action arose or be forever barred. The section titles
in this Agreement are for convenience only and have no legal or contractual effect.
- Securities Statements. WE MAKE NO REPRESENTATIONS, WARRANTIES OR OTHER GUARANTEES OF ANY KIND AS
TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRICE QUOTES, NOR DO WE MAKE ANY
REPRESENTATIONS, WARRANTES OR OTHER GUARANTEES OF ANY KIND AS TO THE PRESENT OR FUTURE VALUE OR
SUITABILITY OF ANY SALE, TRADE OR OTHER TRANSACTION INVOLVING ANY PARTICULAR SECURITY OR ANY
OTHER INVESTMENT OF ANY KIND. You understand that we are not a broker or dealer in securities,
and not an investment or financial advisor. You are solely responsible for your investment
research. Prior to undertaking any securities transaction, you should consult a broker or other
financial advisor with respect to the price, suitability, value or other aspects of any stock,
mutual fund, security or other investment.
- Governing Law. This Agreement shall be governed by and construed in accordance with the laws of
the State of Florida, without regard to conflicts of law provisions thereof, and without regard
to the United Nations Convention of the International Sale of Goods. The jurisdiction and venue
for actions related to the subject matter hereof shall be the State of Florida and United States
Federal Courts located in Miami, Florida, and each party hereby submits to the personal
jurisdiction of such courts.