Terms of Use

Terms of Use

Last Revised June 2, 2025

Please review these Terms of Use (“Terms”) before using this site or accessing any data on the Rent Now Pay Later LLC (“RNPL,” “we,” “us,” or “Company”) platform. These Terms govern your access to and use of our website, applications, and services (collectively, the “Services” or “Service” as applicable). If you do not agree to these terms without limitation or exclusion, you should exit this site and do not use the Services.

Welcome to the RNPL financial platform. By accessing or using our website at www.RNPLcredit.com, including any subdomain thereof or mobile application (“Site”), you (“User”) signify that you have read, understand and agree to be bound by these Terms, regardless of whether you are using a Service.. In addition to these Terms, you may enter into other agreements with us or our partners that will govern your use of the Services, and if there is any contradiction between these Terms and another agreement you enter into applicable to specific aspects of the Services, the other agreement shall take precedence in relation to the specific aspects of the Services to which it applies. As used herein, “Users” means anyone who accesses and/or uses the Site and/or Services. For any terms herein applicable to all Users, all applicants, whether individually or jointly or business and other entity Users specifically, or where the context otherwise requires, “Users” shall be deemed to include any business or other entity on behalf of which the Site or Service is accessed by any other User, and “you” shall be deemed to include any such business or other entity and any person acting on behalf of any such business or other entity in connection with the use of the Site or Service.

Changes to these Terms of Use

We may make changes to these Terms from time to time. If we do this, we will post the changed Terms on the Site and will indicate at the top of this page the date the Terms were last revised. You understand and agree that your continued use of the Service or the Site after we have made any such changes constitutes your acceptance of the new Terms of Use.

TERMS APPLICABLE TO ALL USERS:

ELIGIBILITY, LICENSE AND REPRESENTATIONS

Eligibility: General

This Site is intended solely for Users who, if they are a natural person, are eighteen (18) years of age or older, and any registration by, use of or access to the Site by any natural person under 18 is unauthorized, unlicensed and in violation of these Terms. By using the Service or the Site, you represent and warrant that, if you are a natural person, you are 18 or older and that you agree to and will abide by all of the terms

and conditions of these Terms. If you violate any of these Terms, or otherwise violate an agreement between you and us, the Company may terminate your account, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site), at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18.

Proprietary Rights in Site Content; Limited License

All content on the Site, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (“Site Content”), are the proprietary property of the Company with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission, except as provided in the following sentence and except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Site Content solely for your use in connection with your use of the Site or Service, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content (as defined below), you may not republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of the Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by us at any time without notice and with or without cause.

You may review personal information (including credit data) posted by or relating to other Users on the Site, but you are not authorized to disclose or otherwise use such information for any purpose other than assessing the creditworthiness of other Users. You may not reproduce any personal information (including credit data). Further, you represent and warrant that: (i) you are using RNPL’s services solely for the purpose of securing or maintaining a residential rental unit, such as paying a security deposit, first month’s rent, or other apartment-related expenses; (ii) you will not use the services for any unlawful, unauthorized, or speculative purposes unrelated to residential leasing; (iii) you will not attempt to access or use any personal information (including credit data) of other users; and (iv) you will not accept, seek, or utilize any information that would allow you to identify, match, or infer the identity of any other user from data provided through the platform.

Restrictions on Data Collection/Termination

Without our prior consent, you may not:

We may terminate, disable or throttle your access to, or use of, this Site and the Services at any time without notice for any reason, with or without cause at the Company’s sole discretion.

The following provisions of this Agreement shall survive termination of your use or access to the Site: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Applicable Law and Dispute Resolution, and General Provisions, and any other provision that by its terms survives termination of your use or access to the Site.

User Representations

You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory, fraudulent or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of Users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Service or the Site or for any other purpose. You further agree that you may not use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site. In addition, you agree not to use the Service or the Site to:

User Content Posted on the Site

You are solely responsible for the personal or business information, photos, profiles, messages, notes, text, information, music, video, contact information for you or others, advertisements or other content that you upload, publish, provide or display (hereinafter, “post”) on or through the Service or the Site, or transmit to or share with other Users (collectively the “User Content”). You understand and agree that the Company may, but is not obligated to, review and delete or remove (without notice) any User Content in its sole discretion, including without limitation, User Content that in the sole judgment of the Company violates these Terms of Use, might be offensive or illegal, or might violate the rights of, harm, or threaten the safety of, Users or others.

By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will not expire.

You may review personal or business information (including credit data) posted by other Users on the Site, but you are not authorized to disclose or otherwise use such information for any purpose other than assessing the creditworthiness of other Users.

ALL USERS: CONSENT TO ELECTRONIC TRANSACTIONS AND DISCLOSURES

Because the Company operates entirely online, you must consent to conducting business with us electronically. This includes, but is not limited to, requesting a loan related to move-in expenses, rent emergencies, or other approved rental-related purposes; browsing apartment listings provided for informational purposes only (without endorsement); or being referred to or connected with a landlord or tenant through our platform.

By using the Site and agreeing to the Terms of Use, you consent to receive all required documents, communications, notices, agreements, and disclosures (“Disclosures”) electronically. This includes, without limitation:

Disclosures may be provided through the Site or delivered to the email address you supply. You agree that the Company may communicate with you exclusively through electronic means and that maintaining an active email address is required for ongoing use of the Site and Services.

The Company does not endorse, sponsor, or guarantee any apartment, landlord, or tenant listed on or referred through the platform. Engagement with any third party is your sole responsibility, and you are encouraged to perform independent due diligence.

Your consent to electronic communications applies to all interactions with the Company and any authorized service providers acting on its behalf. If you do not wish to receive documents and notices electronically, you should not use the Site or Services.

CUSTOMER COMMUNICATIONS

By accepting these Terms of Use, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text.

You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) you have provided to us, or numbers we can reasonably associate with your account (through skip trace, caller ID capture or other means), with information or questions about your application, loan and/or account. You certify, warrant and represent that the telephone numbers that you have provided to us are your numbers and not someone else’s. You represent

that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to alert us whenever you stop using a particular telephone number.

TELEMARKETING CALLS: If you have provided consent for telemarketing calls, you agree that

(i) we, our agents, representatives, affiliates, third parties, and anyone calling on our behalf may call, email or SMS messages (including text messages) you at the numbers and addresses you have provided for purposes of describing goods and services that may be of interest to you, offered by us, our affiliates and/or third parties; (ii) agree these calls, text and email messages may be made using an automatic dialing or email system technology and/or involve prerecorded and/or artificial voice messaging. Your consent, if provided, will be effective even if the number you have provided is registered on any state or federal Do-Not-Call (DNC) list. This consent for telemarketing calls shall remain in effect until you revoke it. Your consent to telemarketing calls may be revoked by informing the telemarketing representative, or any other method, which ensures we receive the revocation.

Your consent to telemarketing calls is not a condition of obtaining your loan.

You also understand that your cellular or mobile telephone provider will charge you according to the type of plan you carry.

Opt-Out: You can revoke your consent by contacting us via email at colin@rnplcredit.com.

CALL RECORDING AND MONITORING: You consent to the recording and monitoring, for quality assurance, training, risk management and/or collection purposes, of any call that you place with us (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) or that we (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) place to you.

Electronic Communications. Any Disclosures will be provided to you electronically through RNPLcredit.com either on our Site or via electronic mail to the email address you provided. If you require paper copies of such Disclosures, you may sign in to your account on our Site and print the documents desired or you may write to us at the mailing address provided below and a paper copy will be sent to you at a cost of up to $5.00 per document requested. If you do not consent to receive an IRS Form 1099 electronically when you agree to these Terms of Use or subsequently revoke such consent, a paper copy of any IRS Form 1099 required to be delivered to you after the effective time of your failure to consent or revocation of consent will be sent to you at no cost. However, a fee may be charged for any additional or replacement copies of such IRS Form 1099. A request for a paper copy of any Disclosure will not be considered a withdrawal of your consent to receive Disclosures electronically. Any IRS 1099 Forms provided electronically will remain accessible through at least October 15 of the year in which such IRS Form 1099 is made available; after that time the IRS Form 1099 may no longer be accessible electronically. We may discontinue electronic provision of Disclosures at any time in our sole discretion.

Scope of Consent. Your consent to receive Disclosures and transact business electronically, and our agreement to do so, applies to any transactions to which such Disclosures relate, whether between you and the Company. Your consent will remain in effect for so long as you are a User and, if you are no longer a User, will continue until such a time as all Disclosures relevant to transactions that occurred while you were a User have been made.

Consenting to Do Business Electronically. Before you decide to do business electronically with the

Company, you should consider whether you have the required hardware and software capabilities described below.

Hardware and Software Requirements. In order to access and retain Disclosures electronically, you must satisfy the following computer hardware and software requirements: access to the Internet; an email account and related software capable of receiving email through the Internet; supported Web browsing software (Chrome version 32.0 or higher, Firefox version 26.0 or higher, Internet Explorer version 8.0 or higher, or Safari version 7.0 or higher); and hardware capable of running this software.

To ensure access and optimal printing of your loan documents in PDF format, you must have Adobe Reader.

Additional Mobile Technology Requirements. If you are accessing our site and the Disclosures electronically via a mobile device (such as a smart phone, tablet, and the like), in addition to the above requirements you must make sure that you have software on your mobile device that allows you to print and save the Disclosures presented to you during the application process. These applications can be found for most mobile devices in the device’s respective “app store”. If you do not have these capabilities on your mobile device, please access our site through a device that provides these capabilities.

Withdrawal of Electronic Consent.

You may withdraw your consent to receive Disclosures electronically by contacting the Company at support@rnplcredit.com. However, because the Company operates exclusively through electronic channels and relies on digital communication to administer its loans and services, withdrawal of electronic consent will have important consequences.

If you withdraw your consent:

If your withdrawal includes IRS Form 1099 or similar tax forms, we will confirm the withdrawal and its effective date by email. Such withdrawal will apply only to forms issued for the current calendar year if received before November 1 of that year.

How to Contact Us About Disclosures

To withdraw consent or update your contact information, email us at support@rnplcredit.com. You may also contact Member Support by phone at 888-596-3157 or write to us at:

RNPL Credit

220 S. Main Street Royal Oak, MI 48067

Attention: Compliance Department

Maintaining Current Contact Information

You are responsible for keeping your email address and mailing address up to date to ensure receipt of all required communications. To update your information, log into your account or contact support@rnplcredit.com.

Acknowledgment of Access and Retention

By using the Site, you agree that you have the ability to access, receive, and retain all Disclosures sent electronically and that you will print or save a copy of this Agreement for your records.

TERMS APPLICABLE TO INDIVIDUAL USERS

Registration Data; Account Security

In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site or otherwise requested by the Company (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to the Company, to keep it accurate, current and complete; (d) promptly notify the Company regarding any material changes to information or circumstances that could affect your eligibility to continue to use the Site or Service or the terms on which you use the Site or Service; and (e) be fully responsible for all use of your account and for any actions that take place using your account.

TERMS APPLICABLE TO BUSINESS AND OTHER ENTITY USERS

Eligibility: Business and Other Entity Users

Access to the Site for users acting on behalf of businesses or other legal entities—including, without limitation, landlords, property management companies, or their representatives—is intended solely for authorized representatives of entities that are in good standing in each jurisdiction where they are registered to conduct business, and for individuals who are authorized to act on behalf of such entities in connection with use of the Site and Services.

By using the Site or Services on behalf of a landlord, property management company, or other business or entity, you represent and warrant that:

Use of the Site by landlords or property managers does not establish an agency, partnership, or joint venture between you and the Company. The Company may, at its discretion, refer prospective tenants to landlords or provide access to listings for informational purposes only. Such referrals or listings do not constitute an endorsement, guarantee, or screening by the Company of the tenant, landlord, property, or business practices.

If you, the business or entity, any of your representatives, or any affiliated guarantor violate these Terms of Use or any other agreement between the business/entity and the Company, the Company may, in its sole discretion and without notice:

Additional Representations: Business and Other Entity Users

In addition to the User Representations set forth above under “User Representations,” which you hereby confirm both individually and on behalf of the business or entity you represent, you further agree not to use the Site or the Service to:

explicitly permitted by the Site; or upload, post, transmit, or share any information identifying the business or entity or its operations except as required for registration or as specifically requested by the Company;

Furthermore, you represent and warrant, both individually and on behalf of the business or entity, that:

Registration Data; Account Security

In consideration of your use of the Site and the Service on behalf of a business or other entity member, you, individually and on behalf of such business or entity, agree to (a) provide accurate, current and complete information about the business or entity, yourself and any other principals and/or authorized representatives of the business or entity member as may be prompted by any registration forms on the Site or otherwise requested by the Company (“Registration Data”), including the business or entity’s full legal name; (b) provide such materials as the Company may request to establish and/or verify your or any other person’s identity or authority to enter into binding agreements on behalf of the business or entity, or to establish and/or verify the business or entity’s legal existence, good standing in any jurisdiction and eligibility to use the Site or Service, or to establish and/or verify your eligibility to act as guarantor with regard to any loan requested by the business or entity; (c) maintain the security of any password and identification issued for use by or on behalf of the business or entity; (d) maintain and promptly update the Registration Data, and any other information provided to the Company by you or anyone else acting on behalf of the business or entity, to keep it accurate, current and complete; (e) promptly notify the Company regarding any material changes to information or circumstances impacting the business or entity’s legal existence, good standing in any jurisdiction in which the business or entity is authorized to conduct business, or eligibility for continued use of the Site or any Service; and (f) be fully responsible for all use of any accounts opened on behalf of the business or entity and for any actions that take place using such account.

Scope of License to Use

For Users that are businesses or other entities, or persons acting on behalf of businesses or other entities,

the limited license to access and use the Site granted above shall be deemed granted to the business or entity member and to those authorized representatives of the business or entity for whom Registration Data has been provided to the Company while acting on behalf of the business or entity member in their official capacities. Any access to or use of the Site by persons who are not authorized representatives of the business or entity, including but not limited to any representative for whom Registration Data has not been provided, voids this license and shall constitute a violation of these Terms of Use. Furthermore, this license is revocable by us at any time with regard to the business or entity member and/or any person acting on such business or entity’s behalf without notice and with or without cause.

ALL USERS: INTELLECTUAL PROPERTY MATTERS

Trademarks

Rent Now Pay Later, RNPL, and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of the Company in the

U.S. and/or other countries. The Company’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

Copyright Complaints

If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent as set forth below:

220 S. Main Street Royal Oak, MI 48067 colin@rnplcredit.com

To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing

activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company’s sole discretion, the memberships of members who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Submissions”), provided by you to the Company are

non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

ALL USERS: MISCELLANEOUS TERMS

Links to Other Web Sites and Content

The Site contains (or you may be sent through the Site or the Services) links to other web sites (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third parties (the “Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern.

You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

User Disputes

You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.

Privacy

Please review the Site’s Privacy Policy. By using the Site or the Service, you are consenting to the Privacy Policy and agree to have your personal data transferred to and processed in the United States. We may listen to and/or record phone calls between you and our representatives without notice to you as permitted by applicable law. For example, we listen to and record calls for quality monitoring purposes.

Disclaimers

The Company provides the Site and the Services, including any financing-related tools, content, or communications, on an “as is” and “as available” basis, without warranties of any kind—express, implied, or statutory—including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or results of use.

No Guarantee of Loan Approval. Submission of an application or information through the Site does not guarantee approval for a loan or financial product. All applications are subject to underwriting review, verification, and final determination by the Company, and the Company reserves sole discretion in all lending decisions.

No Guarantee of Tenant or Landlord Conduct.

The Company does not guarantee, represent, or warrant the financial condition, behavior, or obligations of any party with whom you may interact as part of a rental relationship:

The Company is not a party to any lease agreement or rental transaction and does not mediate disputes between tenants and landlords.

Content and Technical Disclaimers.

The Company does not warrant the accuracy, completeness, usefulness, or timeliness of any information or content provided by users or third parties. The Company disclaims liability for any content that may be inaccurate, offensive, unlawful, or otherwise objectionable. The Company does not control or endorse any third-party or user-generated content.

You understand that the Site and Services may experience interruptions or technical issues. The Company

disclaims responsibility for any errors, outages, delays, data loss, unauthorized access, or technical malfunctions—including those related to internet providers, devices, software, or geolocation and marketing data received through third parties.

No Endorsement.

References to any third-party products, services, or platforms do not constitute or imply endorsement, sponsorship, or affiliation by the Company. The Company reserves the right to modify the Site, Services, or any content at any time without notice.

Limitation on Liability

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL THE COMPANY, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES—INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION—ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, THE SERVICES, OR ANY INFORMATION PROVIDED THROUGH THE SITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, THE COMPANY DISCLAIMS ANY LIABILITY FOR DAMAGES ARISING FROM (A) THE COLLECTION, USE, OR DISCLOSURE OF INFORMATION PROVIDED BY YOU OR OBTAINED THROUGH THIRD-PARTY SOURCES, INCLUDING GEOLOCATION DATA OR MARKETING INFORMATION; OR (B) ERRORS IN THIRD-PARTY DATA, INCLUDING BUT NOT LIMITED TO CREDIT, INCOME, ADDRESS, OR TENANCY INFORMATION, WHETHER USED FOR MARKETING OR UNDERWRITING PURPOSES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY’S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES WILL NOT EXCEED (A) THE AMOUNT YOU HAVE PAID TO THE COMPANY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE THOUSAND DOLLARS ($1,000), WHICHEVER IS GREATER.

IF YOU HAVE NOT PAID ANY FEES TO THE COMPANY, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE EQUITABLE RELIEF, AND THAT YOU SHALL NOT BE ENTITLED TO MONETARY DAMAGES OF ANY KIND, REGARDLESS OF THE THEORY OF LIABILITY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR IMPLIED WARRANTIES. TO THE EXTENT SUCH LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS MAY NOT APPLY TO YOU.

Governing Law; Venue and Jurisdiction

By visiting or using the Site and/or the Service, you agree that the laws of the State of Florida, without

regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction, will govern these Terms of Use. If you obtain a loan, the terms of the loan will be governed by the laws of the state of Florida, without regard to any principle of conflicts of laws that would require or permit the application of the laws of any other jurisdiction.

Indemnity

You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your User Content, any Third Party Content you post or share on or through the Site, your use of the Service or the Site, your conduct in connection with the Service or the Site or with other Users of the Service or the Site, or any violation of these Terms of Use or of any law or the rights of any third party.

Other

The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

You and the Company agree that any and all disputes, claims, or controversies arising out of or relating to

(i) these Terms of Use, (ii) your use of the Site or Services, (iii) any loan application or transaction facilitated through the Site, or (iv) the relationship between you and the Company (collectively, “Disputes”), shall be resolved exclusively through final and binding arbitration, rather than in court, except as set forth below.

This arbitration agreement is governed by the Federal Arbitration Act (“FAA”) and evidences a transaction involving interstate commerce. Arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, as modified by this agreement. The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity.

Class Action Waiver:

You agree that any Dispute shall be resolved only on an individual basis and not as a class, collective, or representative action. You expressly waive any right to bring or participate in any class or representative proceeding. The arbitrator shall not have the authority to combine or aggregate claims or to hear claims as a class action.

Small Claims Court Exception:

Either party may elect to bring an individual claim in small claims court in lieu of arbitration, provided the claim remains in that court and is not removed or appealed to a court of general jurisdiction.

Location of Arbitration:

Unless you and the Company agree otherwise, the arbitration will be conducted in the county where you reside, or in the Detroit metropolitan area if you reside outside the United States.

Costs of Arbitration:

The Company will pay all AAA filing, administrative, and arbitrator fees for any arbitration that it initiates. For arbitrations you initiate, you will pay the filing fee only up to the amount you would pay if filing in a court of law, and the Company will cover the remaining fees. Each party shall bear their own legal fees unless the arbitrator awards otherwise.

Severability:

If any part of this Dispute Resolution section is found to be unenforceable, the remainder shall remain in effect, except that if the Class Action Waiver is found to be unenforceable, then this entire Dispute Resolution section shall be null and void.