Welcome to RetailerCash.com (referred to as "RC", "we," "us," or "our"). Before you begin to use the RetailerCash.com com website ("RC Website"), please take a moment to review this Terms of Use Agreement ("Agreement"). The Agreement describes the terms and conditions applicable to your use of the RC Website, which may be updated by RC from time to time without notice to you. RC may also offer other services that are governed by a different Terms of Service. You must read and agree with all of the terms and conditions contained in this Agreement and the RC Website privacy policy then in effect ("Privacy Policy"), which is incorporated by reference, before you use the RC Website. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access the RC Website.

1. RC Website; The RC Website is an online resource where you can apply for merchant cash advances. You understand and agree that if you submit an application for a merchant cash advance offered through the RC Website, RC will share your personal information (such as your full name, address, telephone number, and other information supplied on the application) with clients in our client network, including cash advance funding companies (referred to individually as "Client" and collectively as "Clients") to process and fulfill your request.

You acknowledge that RC does not make any credit decisions in connection with your application and that RC is not a party to any agreement that you may make with the Client, and that the Client is solely responsible for its services to you. You further acknowledge that RC is not acting as your agent or broker and is not recommending any particular cash advance product or Client to you. Any compensation RC may receive is paid by the individual Client for services rendered by RC to that particular Client. RC does not charge you a fee to use the RC Website. You understand that requirements for a particular cash advance program are made by the individual Clients and that RC does not endorse, warrant, or guarantee the products or services of any the Client. Nothing contained herein shall constitute an offer or promise for a commitment. You agree that RC shall not be liable for any damages or costs of any type which arise out of or in connection with your use of the Client's service.

By submitting your application request for a merchant cash advance, you are consenting to be contacted by one or more Clients either by telephone, email or mail based on the information you have provided to us, even if you have opted into the National Do Not Call List administered by the Federal Trade Commission, any state equivalent Do Not Call List, or the Do Not Call List of an internal company. You understand that the Clients may maintain the information you submitted to RC whether you elect to use their services or not. In the event you no longer want to receive communications from a Client, you agree to notify the Client directly. You also give RC permission to send you periodic updates of current products or services which may be of interest to you.

2. Use of the RC Website. You certify to RC that: (i) you are at least eighteen (18) years of age; (ii) you assume full responsibility for the use of the Website by any minors; (iii) you agree that all information you have submitted to RC, online or otherwise, is accurate and complete, and that you have not knowingly submitted false information on or through the RC Website; and, (iv) your use of the Website is subject to all applicable federal, state, and local laws and regulations.

3. Privacy Policy. Personal information submitted in connection with the Website is subject to our Privacy Policy. For more information, see our full Privacy Policy.

4. Indemnification. You agree to indemnify and hold RC, its parent, subsidiaries, affiliates, agents, shareholders, officers, contractors, vendors and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the RC Website, the violation of the Agreement by you, or the infringement by you, or any other user of the RC Website using your computer, of any intellectual property or other right of any person or entity. RC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

5. No Warranty. RC PROVIDES THE RC WEBSITE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RC MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. RC DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION: (i) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; (ii) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND, (iii) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.

6. Limitation of Liability. IN NO EVENT WILL RC BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE RC WEBSITE, EVEN IF RC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST RC WITH RESPECT THIS AGREEMENT OR THE WEBSITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

7. Release. YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE RC AND ITS PARENT, AFFILIATES, PARTNERS, SERVICE PROVIDERS, CLIENTS, VENDORS, AND CONTRACTORS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THIS WEBSITE.

8. Notice. RC may provide you with notices, including those regarding changes to the Agreement, either by email, regular mail, or postings on the Service. All notices to RC must be made in writing and mailed to:

RetailerCash.com
Attn: Law Department
2188 Nesconset Highway #105
Stony Brook, NY 11790

9. Dealings with Third Parties. Your correspondence or business dealings with any third parties as a result of your visit and participation at this website, including, but not limited to, business dealings with cash advance companies or brokers, or any other terms, conditions, warranties, representations associated with such dealings, are solely between you and such third party. You agree that RC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party as a result of using this website.

10. Disputes. This Agreement will be interpreted in accordance with the laws of the State of New York, without regard to the conflicts of laws principles thereof. The parties agree that any and all disputes, claims or controversies arising out of or relating to the Agreement, its interpretation, performance, or breach, that are not resolved by informal negotiation within 30 days (or any mutually agreed extension of time), shall be submitted to final and binding arbitration before a single arbitrator of the National Arbitration Association ("AAA") in Suffolk County, New York, or its successor. Either party may commence the arbitration process called for herein by submitting a written demand for arbitration with the NAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the NAA's Commercial Dispute Resolutions Procedures in effect at the time of submission of the demand for arbitration. The costs of arbitration plus reasonable attorneys' fees (including fees for the value of services provided by in house counsel) shall be awarded to the prevailing party in such arbitration. Judgment on the award rendered by the arbitrator may be entered in the Superior Court of New York, County of Suffolk, or the United States District Court. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the Superior Court of New York County of Suffolk, or the United States District Court for the Central District of New York: (i) any dispute, controversy, or claim relating to or contesting the validity of RC's proprietary rights, including without limitation, trademarks, service marks, copyrights, or trade secrets; or, (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or provisional relief such as writs of attachments or possession.

THE PARTIES AGREE THAT THIS AGREEMENT HAS BEEN ENTERED INTO AT RC'S PLACE OF BUSINESS IN THE COUNTY OF SUFFOLK, STATE OF NEW YORK, AND ANY ARBITRATION, LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE COMMENCED AND TAKE PLACE IN THE COUNTY OF SUFFOLK, STATE OF NEW YORK.

11. Modification to Website. RC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that RC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.

12. Waiver and Severability of Terms. The failure of RC to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

13. Disclosure of Your Information. You acknowledge, consent and agree that RC may access, preserve, and disclose the information we collect about you if required to do so by law or in good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any information or content violated the rights of the third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of RC, its users and the public.

14. Entire Agreement. The Agreement constitutes the entire agreement between you and RC and governs your use of the RC Website, superseding any prior agreements between you and RC.

15. Survival. All paragraphs shall survive termination or your refusal to continue to use the Website.

16. Statute of Limitations. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO USE OF THE SERVICE OR THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS