Terms of Use

Effective: the _____________ day of __________________ 2020

1. Contractual Relationship

1.1 These Terms of Use ("Terms") govern your access or use of the applications, websites, content, products, and services (the "Services" as more fully defined below in Section 2) made available to you through its parents, subsidiaries, representatives, affiliates, agents (collectively, "Rich-Oak").

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND RICH-OAK.

In these Terms, the words "including" and "include" mean "including, but not limited to."

1.2 By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Rich-Oak may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

1.3 THESE TERMS INCLUDE, AMONG OTHER THINGS, YOUR AUTHORIZATION FOR DEBITS AND CREDITS FROM AND TO YOUR BANK ACCOUNT (AS PREDETERMINED BY YOU AND AGREED TO BY US) VIA THE AUTOMATED CLEARINGHOUSE NETWORK ("ACH") AND A BINDING ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER.

2. The Services

2.1 The Services comprise mobile applications and/or related services (an "Application"), which enable users to secure loan, invest and other financial services and products (the “Financial Solutions”), including with third party providers of such services under agreement with Rich-Oak or certain of Rich-Oak's affiliates ("Third Party Vendors").

2.2 Unless otherwise agreed by Rich-Oak in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.

2.3 For our compliance purposes and in order to provide the Services to you, you hereby authorize us to, directly or through a third-party, obtain, verify, and record information and documentation that helps us verify your identity and Bank Account information. When you register for the Services and from time to time thereafter, we may require you to provide and/or confirm information and documentation that will allow us to identify you, such as:

3. License

4. Restrictions

4.1 You may not:

5. Provision of the Services.

5.1 You acknowledge that portions of the Services may be made available under Rich-Oak's various brands or platform options associated with Financial Services.

6. Third Party Services and Content.

7. Ownership.

7.1 The Services and all rights therein are and shall remain Rich-Oak's property or the property of Rich-Oak's licensors.

Intellectual Property

8. Supplemental Services.

9. Access and Use of the Services

9.1 User Accounts.

9.2 User Requirements and Conduct.

9.3 Text Messaging and Telephone Calls.

9.4 User Provided Content.

9.5 Representation and Warranty.

You represent and warrant that:

10. Network Access and Devices.

11. Payment

12. Dispute Resolution

12.1 By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Rich-Oak on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Rich-Oak, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Rich-Oak by someone else.

12.2 Agreement to Binding Arbitration Between You and Rich-Oak.

You and Rich-Oak agree that any dispute, claim or controversy arising out of or relating to:

13. Rules and Governing Law.

14. Amendment/Changes.

14.1 Notwithstanding the provisions in Clause 1 above, regarding consent to be bound by amendments to these Terms, if Rich-Oak changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing Rich-Oak written notice of such rejection within fourteen (14) days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided either:

15. Severability and Survival.

16. Disclaimers; Limitation of Liability; Indemnity.

16.1 Disclaimer.
16.2 Limitation of Liability.

16.5 Indemnity.

17. Miscellaneous

18. General.

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