Arcadia Advance Group - Terms of Service

Effective Date: July 26, 2025

Welcome to the Arcadia Advance Group website ("Site"). These Terms of Service ("Terms") govern your access to and use of the Site, as well as any services, information, or content provided by Arcadia Advance Group ("Arcadia Advance Group," "we," "us," or "our"). By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our Site or services.

1. General Use of the Site

• Purpose: This Site and its contents are provided for informational purposes only. It is intended to provide general information about Arcadia Advance Group's services and the merchant cash advance industry.
• No Financial Advice: Nothing on this Site constitutes financial, legal, tax, or professional advice. You should consult with qualified professionals for advice tailored to your specific situation.
• No Offer or Commitment: The information on this Site does not constitute an offer to provide funding or a commitment to enter into any agreement. Any funding or service offered by Arcadia Advance Group is subject to our complete application process, underwriting, and final approval, which may include a separate agreement.
• Eligibility: Our services are intended for businesses and their authorized representatives. By using this Site, you represent and warrant that you are at least 18 years of age and are authorized to enter into these Terms on behalf of your business.

2. Merchant Cash Advance Services

• Nature of Service – Purchase of Future Receivables: Arcadia Advance Group provides merchant cash advances, which are the purchase of a portion of your business's future receivables (e.g., credit card sales, daily bank deposits). These are NOT loans and are not intended to be construed as loans. As such, they are generally not subject to state usury laws or traditional lending regulations.
• Conditional Nature of Repayment: Your obligation to remit the purchased receivables to Arcadia Advance Group is conditional upon the generation of those receivables by your business. If your business experiences a decline in sales or ceases operations (subject to the terms of your specific Merchant Cash Advance Agreement), your remittance obligations may be adjusted or cease, in accordance with the terms of the agreement. This distinguishes an MCA from a loan, which typically requires unconditional repayment regardless of business performance.
• Application Process: To apply for a merchant cash advance, you will be required to provide certain information about your business, including financial data, bank statements, and credit card processing statements. All information provided must be accurate, complete, and truthful. False or misleading information may result in the denial of your application or termination of any agreement.
• Underwriting and Approval: All applications are subject to our stringent underwriting process. Approval is not guaranteed and is at the sole discretion of Arcadia Advance Group. Factors considered may include, but are not limited to, your business's financial health, industry, and historical performance.
• Specific Agreement: If your application is approved, you will be presented with a separate Merchant Cash Advance Agreement ("MCA Agreement") that will outline the specific terms and conditions of the transaction, including the purchased amount, the factor rate, the remittance amount/holdback percentage, and any other relevant provisions. The MCA Agreement will supersede these Terms regarding the specific funding arrangement. It is crucial that you read and understand the MCA Agreement fully before signing. We strongly advise you to seek independent legal and financial counsel before entering into any MCA Agreement.
• Personal Guarantees and Confessions of Judgment: In some cases, and where permitted by applicable law, a personal guarantee from the business owner(s) and/or a confession of judgment may be required as part of the MCA Agreement. You acknowledge and agree to review and understand the implications of such clauses, as they may create personal liability for the business owner(s) and allow for expedited judgment without a full trial in certain circumstances.

3. User Responsibilities and Restrictions

• Accuracy of Information: You agree to provide accurate, current, and complete information when using the Site or applying for our services. You are solely responsible for the accuracy of any information you submit.
• Prohibited Uses: You agree not to use the Site for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. Prohibited activities include, but are limited to:
  • Attempting to gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks connected to the Site.
  • Using any robot, spider, or other automatic device, process, or means to access the Site for any purpose without our prior written consent.
  • Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Engaging in any activity that interferes with the proper working of the Site.
  • Impersonating or attempting to impersonate Arcadia Advance Group, an Arcadia Advance Group employee, another user, or any other person or entity.
• Security: You are responsible for maintaining the confidentiality of any account credentials you may use to access the Site and for all activities that occur under your account. You agree to notify Arcadia Advance Group immediately of any unauthorized use of your account or any other breach of security.

4. Intellectual Property Rights

• Ownership: The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Arcadia Advance Group, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
• Limited License: These Terms grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal or internal business purposes, strictly in accordance with these Terms.
• Restrictions: You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as generally permitted by the Site's functionality. You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.

5. Privacy Policy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by this reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your information.

6. Disclaimers and Limitation of Liability

• "AS IS" Basis: THE SITE AND ALL CONTENT, INFORMATION, PRODUCTS, AND SERVICES PROVIDED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ARCADIA ADVANCE GROUP HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.
• No Guarantee of Funding: Arcadia Advance Group does not guarantee that you will receive funding, or that any specific terms or amounts of funding will be offered, even if you meet our initial criteria.
• No Liability for Damages: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARCADIA ADVANCE GROUP, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR ANY SERVICES, (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE, (III) ANY CONTENT OBTAINED FROM THE SITE, OR (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
• Accuracy of Information: While we strive to provide accurate information on the Site, we do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

7. Indemnification

You agree to defend, indemnify, and hold harmless Arcadia Advance Group, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your User Contributions, any use of the Site's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.

8. Modifications to Terms

We reserve the right to revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

9. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or related to them, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms or the Site shall be instituted exclusively in the federal or state courts located in Ocean County, New Jersey or the federal courts for the District of New Jersey, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

10. Arbitration

Binding Arbitration: At our sole discretion, we may require you to submit any disputes arising from these Terms or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New Jersey law.

Waiver of Jury Trial and Class Action: By agreeing to arbitration, you and Arcadia Advance Group are each waiving the right to a trial by jury or to participate in a class action.

11. Entire Agreement

These Terms, together with our Privacy Policy and any specific MCA Agreement entered into, constitute the sole and entire agreement between you and Arcadia Advance Group regarding the Site and your use of it, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

12. Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

13. Contact Information

If you have any questions about these Terms or our services, please contact us at:

Arcadia Advance Group
Email: contact@arcadiaadvancegroup.com
Phone: (888) 737-2275