Last updated and effective: February 22, 2024

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING ONE PARK FINANCIAL LLC’S WEBSITE, OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT ACCESS THIS WEBSITE.

This Terms of Use agreement (“Agreement”) is between you and One Park Financial LLC (“One Park Financial,” “our,” “us,” or “we”) and applies to the website located at www.oneparkfinancial.com (the “Site”), and governs your access to and use of the Site, including any content, functionality, and services offered on or through the Site (collectively, “Services”). The Site is owned, controlled, and operated by One Park Financial. The Site is intended for individuals over the age of eighteen (18). If you are under the age of 18 years old, please do not access the Site.

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 applicable laws of any state, that 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 the Services.

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 without notice. Such revisions become effective immediately upon posting on this Site. The most current version of this Agreement will be available to you by clicking the link at the bottom of the Site. Your continued use of this Site and/or Services constitutes your acceptance and agreement of such revisions. Compliance with this Agreement grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

1. Defined Terms

For purposes of this Agreement, “you” or “your” means the person(s) using this Site and/or Services, and any person(s) for whom such person(s) are acting as an agent with respect to this Site and/or Services.

Third parties include, but may not be limited to, lenders, service providers, and other entities offering products and services through this Site.

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:

• a. 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 Financial is not responsible for third-party access to your account that results from theft or misappropriation of your username(s) and password(s).
• b. 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 Site or any Services; and (iii) your interaction with all third parties.
• c. Risk Assumption and Precautions. You assume risk when using the Site and Services.
• d. No Guarantees. One Park Financial makes no guarantee as to any outcome using the Site or Services.
• e. No False Information. You will provide accurate, true, current, and complete information.
• f. Legal Purpose. You will only use the Site or Services in accordance with applicable federal, state, and local laws.
• g. Business Purpose. You will only use the Site or Services for bona fide business purposes. You will not use the Site or Services for personal, family or household purposes. You will not use the Site or Services to obtain information about or make decisions about anyone but yourself and/or your business.
• h. Age. By using or accessing the Site, you acknowledge you are at least 18 years of age.
• i. 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

• a. Ownership of Proprietary Information. You hereby acknowledge and agree that One Park Financial is the owner or licensee of all rights in and to the Site and Services, including, by way of example and not by way of limitation, names, logos, patents, videos, images, and designs. All trademarks, service marks, trade names, trade dress, and related intellectual property rights in the Site and/or Services are proprietary to One Park Financial or our licensors or licensees and these proprietary rights are protected by federal, state, and local laws and regulations. The Site and its entire contents, features, and functionality (including, but not limited to, all web pages, user interfaces, information, design, software, source code, displays, graphics, images, videos, audio recordings, and the design, selection, and arrangement thereof), are owned, controlled, or licensed by One Park Financial. You are permitted to use the Site and Services only as expressly authorized by this Agreement. You may not copy, display, reproduce, distribute, or create derivative works, reverse engineer, or reverse compile any of the Site or Services or technology.
• b. No Use of Proprietary 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, display, reproduce, or in any way distribute or exploit the Site, or any portion of the Site, for any public or commercial use without the 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.
• c. License to Provided Content. By providing information or content to any account or public area of the Site or Services, you automatically grant, and you represent and warrant that you have the right to grant, to One Park Financial, 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. Prohibited Conduct and Activities

While it is not possible to define all prohibited or banned behaviors or activities, the following conduct and activities are examples of prohibited or banned conduct and activities: (i) obscene, crude, or violent posts; (ii) false or misleading content; (iii) violations of law; (iv) spamming or scamming the service or other Registered User(s) (defined below); (v) hacking or tapering with our Site or services; (vi) violating copyright laws; (vi) harassing other Registered User(s); (vii) not causing an unreasonable or disproportionately large processing load on our Services or systems; (viii) not introducing or transmitting any virus, worm, Trojan horse, or other material that may harm or disrupt our Services or Site; (ix) unauthorized use of the Site or Services; (x) misuse of passwords; (xi) misuses of any information or material posted on the Site; or (xii) stalking other Registered User(s). Your use of the Services, including the Site, imposes on you an obligation of appropriate use and conduct.

5. User Information

• a. 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 Site or Services, you are consenting to the terms of our Privacy Policy.
• b. Disclosure by Law. You acknowledge and agree that One Park may disclose information you provide if required to do so by law, or if we, in our sole discretion, believe that disclosure is reasonable to: (i) comply with applicable 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 One Park Financial ́s rights or property.
• c. 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 Financial ́s research into successful business practices and to improve the Services.

6. Auto-Dialed Calls

By sharing your telephone number with us, you expressly request to receive information via telephone or SMS/text messaging, 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 Financial may be offering. View our Privacy Policy here for options on how to opt-out of receiving telephone calls from us.

7. Links to Third-Party Websites and Dealings with Advertisers and Sponsors

The Site and/or the Services within may contain links to websites controlled or offered by third parties (non-affiliates of One Park Financial), including without limitation, advertisers, who are not under the control of One Park Financial. We are not responsible for the content of any linked site, any link contained in a linked site, or any changes or updates to such websites. One Park Financial may provide 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 third-party website. Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or through their website or their services are solely between you and such advertiser or third-party. You agree that One Park Financial 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 Site or within our Services. Please visit our Privacy Policy to learn more about how we use your information.

One Park Financial hereby disclaims all liability for any other company’s website content, products, privacy policies, or security. In the event you choose to use the services available at a linked site, you agree to read and adhere to the policies and terms of use applicable to that site. In addition, any advice, opinions, services, products, or recommendations provided by the linked site providers are those of the providers and not of One Park Financial. Your participation in any linked site, including payment for and the delivery of goods or services, is based solely on the agreement, if any, between you and the linked site provider.

8. Disclaimer of Warranty

• a. 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, ITS DIRECT OR INDIRECT SUBSIDIARIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY PROVIDERS, OR LICENSORS DO 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. ONE PARK FINANCIAL DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES. ONE PARK FINANCIAL, ITS EMPLOYEES AND AGENTS, ALSO MAKE NO WARRANTY AS TO THE TIMELINESS, SEQUENCE, ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCT PROVIDED THROUGH THE SERVICES.
• b. Computer Viruses. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL ONE PARK FINANCIAL BE RESPONSIBLE FOR ANY LOSS OF ANY KIND, INCLUDING LOSS ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM OR MOBILE DEVICE, PROPERTY DAMAGE, OR BODILY INJURY, WHETHER CAUSED BY ACCESS TO OR USE OF THE SERVICES OR THE SITE.
• c. 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 Financial, 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 ONE PARK FINANCIAL. UNDER NO CIRCUMSTANCES WILL ONE PARK FINANCIAL 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 USER(S).
• d. Beta Features. From time to time, we may offer new “beta” features or tools with which One Park Financial’s Registered 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 Financial ́s sole and unlimited discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.

9. Limitation of Liability

• a. 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 FINANCIAL KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL ONE PARK FINANCIAL ́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, IF YOU HAVE NOT PAID ONE PARK FINANCIAL FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00 USD OR ITS EQUIVALENT.
• b. No Liability for Non-One Park Financial Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ONE PARK FINANCIAL 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.
• c. Information Verification. One Park Financial and its contractors may use various ways of verifying information that Registered User(s) have provided. However, none of those ways are perfect, and you agree that One Park Financial and its contractors will have no liability to you arising from any incorrectly verified information.

10. Indemnification

You agree to indemnify, defend and hold harmless One Park Financial (and all of its direct and indirect subsidiaries), and each of its respective officers, directors, employees, agents, successors, assigns, 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.

11. 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.

12. Text/SMS Messages

You consent to opt into One Park Financial’s text message services by providing your mobile phone number to us. By opting in, you authorize One Park to use autodialer or non-autodialer technology platform(s) to send recurring text messages to the mobile phone number 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 phone number, or the customary user of the mobile phone number, and are authorized to opt-in.

13. Suspension of Services

In the event your access to any of the Services is suspended due to a breach of this Agreement, you agree that all fees then paid to One Park Financial by you will be nonrefundable and all outstanding or pending payments will immediately be due.

One Park Financial 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, and you are solely responsible for all such messaging and data rates.

We obtain specific data from you in connection with using One Park Financial’s text messaging services, including your mobile phone number, your carrier’s name, date, time, and content of your messages, or any other information you provide to One Park Financial 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 Financial 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 phone 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 phone number you wish for us to unsubscribe.

Your continued consent to receive text/SMS messages from One Park Financial constitutes your agreement to any changes to this Agreement.

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 in our sole and unlimited discretion. In the event your access to any of the Site and/or Services is suspended due to a breach of this Agreement, you agree that all fees then paid to One Park Financial 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 this Agreement by ceasing all access to the Site.

15. General Provisions

• a. 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 Financial 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.
• b. Site Host. The Site is hosted in the United States. If you are accessing this Site from outside the United States, you may be subjecting yourself to United States law, which may differ from the laws of your country or jurisdiction, including laws that govern personal data collection, use, and disclosure. Your use of the Site or Services may transfer certain personal information to the United States. To the extent permitted by applicable law, your use of the Site or Services shall constitute your consent to the transfer of personal information to the United States and the applicability of United States law.
• c. Miscellaneous. This Agreement, which you accept upon registration for the Services, the Privacy Policy located on the Site, and any applicable payment, renewal, or terms, comprise the entire agreement between you and One Park Financial regarding the use of the Services, superseding any prior agreements between you and One Park Financial 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, this Agreement will survive termination of your registration to the Services. 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. In the event any of the terms or provisions of this Agreement shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired, and the unenforceable term or provision shall be replaced by such enforceable term or provision that comes nearest to the intention underlying the unenforceable term or provision.
• d. 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, WARRANTIES, 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.