This Terms of Use agreement (“Agreement”) is between you and One Park Financial, LLC and applies to 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 Privacy Policy, which is incorporated into this Agreement by reference. You agree to the fullest 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.

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

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 this page will be updated when revisions to this Terms of Use are made. Compliance with these terms 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:

1. 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).
2. 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.
3. Risk Assumption and Precautions. You assume risk when using the Site and Services.
4. No Guarantees. One Park Financial makes no guarantee to any outcome through the use of the Site or Services.
5. No False Information. You will provide accurate, true, current and complete information.
6. 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.
7. 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.
8. 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.
9. 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.

3. Intellectual Property

1. 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.
2. 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.
3. 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.

4. User Information

1. Privacy Policy. Our Privacy Policy is hereby incorporated by reference into this Agreement. For information about the collection and possible use of information and material you voluntarily provide us, please visit our Privacy Policy. By using this Website or Services, you are consenting to the terms of our Privacy Policy
2. 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.
3. 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.
4. 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.

5. Auto Dialed Calls

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 Services that One Park or any of its network partners may be offering. View our Privacy Policy here for options on how to opt-out of receiving telephone calls from us.

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 within our Services. Please visit our Privacy Policy to learn more about how we use your information.

8. Timeframes

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

1. 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.
2. 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.
3. 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.

10. Limitation of Liability

1. 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.
2. 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.
3. 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.

11. Indemnification

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 optout@oneparkfinancial.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.

Please view our Privacy Policy here to review your options to opt-out of receiving text messages from us.

14. Termination

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. You are free to terminate your use of the Site and these Terms of Use by ceasing all access to the Site.

15. General Provisions

1. 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.
2. 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.
3. 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.
4. 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.