Arena Terms of Use Agreement - Arena Financial Services

Last Updated and Effective: July 31, 2025

These terms of use (“Terms of Use”) are provided on behalf of Arena Financial Solutions LLC. and its affiliates (“Arena”, “we”, “us”, “our”) and govern your access to and use of Arenacfo.com, or any subdomain thereof (the “Site”) and any Services (hereinafter defined). By accessing or using the Site or the Services, you signify that you have read, understand and agree to be bound by these Terms of Use, our Privacy Policy and Consent Agreement for Electronic Disclosures and Communications, regardless of whether you are a registered member of the Service. Please read them very carefully. If you do not wish to be bound by these Terms of Use, you should not access or use the Site or the Services.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when posted by us and without any notice. Your continued use of the Site and the Services following the posting of revised Terms of Use means that you accept and agree to the changes. Please check this page periodically so you are aware of any changes to these Terms of Use as they are binding upon you.

About Our Services

We provide expert, on-demand professional resourcing as needed by your particular business (or “Fractional Services”). We use the information you provide us to determine if you meet the eligibility criteria to become an Arena client. If you meet such criteria, you are eligible to receive monthly Fractional Services for your business. If any information you provide is untrue, inaccurate, not current or incomplete, we have the right to reject any application you have submitted or terminate any Fractional Services to you.

Scope. Any Fractional Services to be provided by Arena (the “Services”) will be described in a quote (the “Quote”). We reserve the right to terminate or modify the Services we provide via the Site in our sole discretion without notice.

Collection of Information and Verification. We may require that you furnish us with identifying information, including accounting and financial transaction information. We use this information as detailed under our Privacy Policy. You authorize us to obtain a credit profile from a credit bureau for credit pre-qualification and identity verification of you and your company. You further agree that we may verify your identity and the information you provide us with third parties. We may require further information from you to comply with our legal obligations, including, without limitation, anti-terrorism laws and regulations. You agree that any information you provide us will be governed by these Terms of Use.

Electronic signature. By establishing a member account with Arena (the “Account”), you are agreeing to Arena sending you communications electronically by email, by text, or by making them accessible via the Site or Arena’s applications. All communications provided electronically to you will be considered to have been provided “in writing”. This also allows Arena to use electronic signatures and obtain them from you. You represent that anyone electronically signing on behalf of the client, including signing the Quote, is authorized to bind the client.

Syncing to your Accounting Software. If your Account is connected to your accounting software, you understand and agree that you are solely responsible, and Arena is not responsible, for the information and data that you choose to synchronize and share between your Account and your accounting software. When you use third party accounting software, you understand and agree that use of such software is subject to the terms of use or service and the privacy policy of the software provider.

Unauthorized Access to Account. You agree to notify us immediately of any unauthorized access to or use of your username or password or other breach of the Site security protocols. You also agree to exit or logoff from the Site at the end of each session. You should not access the Site or your Account from a public or shared computer in order to avoid others viewing or recording your username, password or other personal information.

Authorized Bank Account. Your Account information may include access credentials (for example, username and password) that allow you to gain online access to one or more accounts that you maintain with a third-party financial institution and that you choose to designate for use in connection with the Services (each, an “Authorized Bank Account”). We work with one or more Providers (as defined below) that will securely store pursuant to industry standards any Authorized Bank Account access credentials that you provide on the Services and will access your Authorized Bank Accounts for the purposes of providing and improving the services we offer. You may only provide account access credentials for and authorize us to access valid accounts that you hold in your own name. You may not provide access credentials for an account that is held by a third person. You must update your Account information to reflect any change to the username or password that is associated with any Authorized Bank Account. If you choose to link your Authorized Bank Account, you authorize the use of this information to provide you with the Services. This authorization will remain in effect until you notify us that you wish to revoke this authorization, which may affect your ability to receive the Services. The third party service providers (the “Providers”) that we work with include Quickbooks and its affiliates (“Quovo”). By using the Services, you grant us, Capital One, and Quickbooks the right, power, and authority to act on your behalf to access and transmit your personal and ^[1]financial information from the relevant financial institution and other vendors that client uses^[2]. You agree to your personal and financial information being transferred, stored, and processed by Quickbooks in accordance with the Quickbooks Privacy Policy (https://quickbooks.intuit.com/eu/privacy-policy/).

Confidentiality and Social Media Sharing. Arena acknowledges and agrees that in connection with the performance of the Services, Arena may have access to and become aware of your confidential and proprietary information, including but not limited to financial data, business plans, trade secrets, and other proprietary information (collectively, “Client Confidential Information”). You acknowledge and agree that you may have access to and become aware of Arena confidential and proprietary information, including the personal data and biographies/resumes of Arena provided professionals (the “Arena Confidential Information”). Client Confidential Information and Arena Confidential Information, collectively, “Confidential Information”. Each of Arena and Client shall treat each other’s Confidential Information as confidential, take the same steps to protect the confidentiality of each other’s Confidential Information as it takes to protect its own Confidential Information, which shall in no event be less than reasonable steps, and use each other’s Confidential Information only for the purpose of the providing or receiving the Services, or the possibility of providing or receiving thereof, and not disclose each other’s Confidential Information to any person other than personnel who have a need to know such Confidential Information and who are subject to a nondisclosure obligation comparable in scope to this section. Arena shall not disclose or share any Confidential Information on social media platforms or any other public forums without Client’s prior written consent; provided that Client does grant Arena permission to share testimonials on the Site subject to not disclosing Confidential Information and client’s financial information with client’s bank.

Non-Disparagement. Both you and Arena agree that during the term of the Quote and thereafter, neither party shall make any negative, disparaging, or derogatory comments or posts on social media or any other public forums about the other party, its officers, directors, employees or agents. Both parties further agree not to engage in any conduct that may harm the reputation or business interests of either party.

Fees. You agree to pay Arena for the Services at the rate(s) set forth in your Quote. Payment shall be due within 15 days of invoicing. We may charge fees to process payments and provide custom financial services as detailed in your Quote. We also reserve the right to charge interest on outstanding balances and past due amounts. We also reserve the right to receive reimbursement for any expenses incurred to support the financial management service of your business.

Non-Solicitation. During the term of the Quote, you must notify Arena if you would like to hire your Arena provided professional, whether directly or indirectly, as a contractor or as an employee. If you retain or hire, whether directly or indirectly, an Arena provided professional within one (1) year of the last day such professional was part of the Services provided to you, you shall pay Arena a fee equal to thirty percent (30%) of the total compensation (salary and bonus) offered to such professional. Such fee will be due and payable within fifteen (15) days of invoicing.

Recording Meetings. Arena acknowledges and agrees that all meetings, discussions, and interactions between you and Arena in connection with the Services may be recorded or otherwise captured without the additional written consent. Any recordings or captured content created by Arena during the performance of the Services shall be the property of Arena. You are reserved the right to revoke consent to record meetings or interactions at any time, for any reason, by providing written notice to Arena. Upon receipt of such notice, Arena shall immediately cease recording or capturing meetings or interactions and shall not use or disclose any recordings or captured content created after the revocation of consent.

Record Retention. Upon the departure of an Arena provided professional from Arena or the cessation of Services by such professional, Arena will use reasonable efforts to have such professional either return to client or Arena or destroy any client Confidential Information; provided that Arena will not be responsible if such professional does not return or destroy client Confidential Information.

Privacy Policy. Our Privacy Policy explains how the personal information you provide on this Site is used and protected by Arena when you use the Site.

Electronic Communications/Notices and Information Delivered Electronically. Our Consent Agreement for Electronic Disclosures and Communications (“Consent Agreement”), hereby incorporated by reference into these Terms of Use, explains your agreement to receive all current and future notices, disclosures, communications and information, and to do business electronically with us. Your continued use of this Site is evidence of your acceptance and agreement to be bound by the Consent Agreement.

Copyright, Trademark and Service Mark Notices. All text, graphics, photographs, videos, sound, trademarks, logos, artwork, interfaces and computer code, including but not limited to the design, coordination, “look and feel” and arrangement of elements contained on the Site (collectively “Content”) is owned or licensed by or to us. The Content is protected by trademark, copyright, and patent laws, and other intellectual property rights and unfair competition laws. Except as expressly stated herein, no part of the Site or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, transmitted or distributed in any way, including the use of framing or mirrors, to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Arena’s prior written permission. Nothing on the Site should be construed as granting any license or right to use any Content.

Disclaimers and Liability. The Site, Content, and Services are provided for use “as is” without warranty of any kind. Arena does not warrant that the Site, Content or Services will be accurate, error-free or uninterrupted. Arena does not warrant that the Site, Content or Services will provide specific results to the maximum extent not prohibited by law:

Under no circumstances will Arena be liable for any damages whatsoever arising out of your reliance on or use of the Site, Content, Services or other items located on the Site.
Arena disclaims all warranties of any kind, whether statutory, express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose.

Links to Third Party Websites. The Site may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. The inclusion or offering of any third party products or services on the Site does not constitute any endorsement or recommendation of such products or services by us and the decision to use such third party products or services is yours. We do not operate or control in any respect any information, software, products or services available on non-affiliated third-party websites. Your use of any such third-party website may be subject to other terms and conditions imposed by the third parties maintaining those websites and is at your own risk. When you leave the Site, you agree that Arena is not responsible for the accuracy or content of the information provided by that third party website, nor is it liable for any direct or indirect technical or system issues arising out of your access to or use of third-party or programs available through the Site. Additionally, All such information, products and services are provided “as is” without warranty of any kind.

Indemnity. You agree to indemnify, defend and hold harmless Arena and its officers, directors, shareholders, predecessors, successors-in-interest, licensors, employees, agents, subsidiaries and affiliates (“Arena Parties”), from and against any and all claims, losses, liabilities, expenses (including attorneys’ fees and costs) and damages (“Claims”) arising out of or relating to your use of the Site or Services, your violation of any third-party right or law, or your violation or alleged violation of these Terms of Use. You must not settle any Claim without the prior written consent of Arena. The Arena Parties reserve the right, at their own expense, to assume the exclusive defense and control of any Claim, and you further agree that you will cooperate fully in the defense of any such Claims.

Limitation on Damages. Arena’s liability, if any, shall be limited to direct and foreseeable damages, which shall not exceed the amount provided below. Under no circumstances shall Arena be liable for indirect, incidental, consequential, special, statutory, punitive or exemplary damages such as, but not limited to, loss of revenue or anticipated profits or lost business, loss of or damage to data, or emotional distress notwithstanding any other provision of these Terms of Use. In no event shall Arena’s total liability exceed USD $100.00. These limitations and exclusions apply even if this remedy does not fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to any claims related to these Terms of Use and to the Services.

Errors and Delays. You agree that Arena is not responsible for any errors or delays in responding to a request or referral form caused by, including but not limited to, an incorrect email address or other information provided by you or other technical problems beyond our reasonable control.

Governing Law. You agree that all matters relating to the Site, the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Virginia without regard to its principles relating to conflicts of law.

Limitation on Time to File Claim. You also agree that any dispute or cause of action arising out of or related to the Site, Services or Content must be commenced within one year from the later of (1) when the dispute or cause of action occurs or, (2) through the exercise of reasonable diligence you should have known about the occurrence or the cause of action. Otherwise, such cause of action is permanently barred.

Dispute Resolution. YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND US, INCLUDING WITHOUT LIMITATION DISPUTES RELATING TO THE SITE, CONTENT OR SERVICES OR TERMS OF USE, THEIR INTERPRETATION (“DISPUTE”), SHALL BE SUBJECT TO ARBITRATION IN THE COUNTY OF FAIRFAX, VIRGINIA, BEFORE JUDICIAL ARBITRATION & MEDIATION SERVICES (“JAMS”), PURSUANT TO ITS APPLICABLE ARBITRATION RULES & PROCEDURES (“JAMS RULES”). THE ARBITRATOR MAY GRANT INJUNCTIONS AND OTHER RELIEF IN SUCH DISPUTES. THE ARBITRATOR SHALL ADMINISTER AND CONDUCT ANY ARBITRATION IN ACCORDANCE WITH VIRGINIA LAW, INCLUDING THE VIRGNIA CODE OF CIVIL PROCEDURE, AND THE ARBITRATOR SHALL APPLY SUBSTANTIVE AND PROCEDURAL VIRGINIA LAW TO ANY DISPUTE OR CLAIM, WITHOUT REFERENCE TO ANY CONFLICT-OF-LAW PROVISIONS OF ANY JURISDICTION. TO THE EXTENT THAT THE JAMS RULES CONFLICT WITH VIRGINIA LAW, VIRGINIA LAW SHALL TAKE PRECEDENCE. THE DECISION OF THE ARBITRATOR SHALL BE FINAL, CONCLUSIVE, AND BINDING ON THE PARTIES TO THE ARBITRATION. THE PARTIES AGREE THAT THE PREVAILING PARTY IN ANY ARBITRATION SHALL BE ENTITLED TO INJUNCTIVE RELIEF IN ANY COURT OF COMPETENT JURISDICTION TO ENFORCE THE ARBITRATION AWARD. THE PARTIES TO THE ARBITRATION SHALL EACH PAY AN EQUAL SHARE OF THE COSTS AND EXPENSES OF SUCH ARBITRATION, AND EACH PARTY SHALL SEPARATELY PAY FOR ITS RESPECTIVE COUNSEL FEES AND EXPENSES; PROVIDED, HOWEVER, THAT THE ARBITRATOR SHALL AWARD ATTORNEYS’ FEES AND COSTS TO THE PREVAILING PARTY, EXCEPT AS PROHIBITED BY LAW. THE PARTIES HEREBY AGREE TO WAIVE THEIR RIGHT TO HAVE ANY DISPUTE BETWEEN THEM RESOLVED IN A COURT OF LAW BY A JUDGE OR JURY. NOTWITHSTANDING THE FOREGOING, THIS SECTION WILL NOT PREVENT EITHER PARTY FROM SEEKING INJUNCTIVE RELIEF (OR ANY OTHER PROVISIONAL REMEDY) REGARDING A VIOLATION OF THE CONFIDENTIALITY PROVISIONS HEREOF.

Waiver and Severability. No waiver by Arena of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Arena to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use shall be found to be invalid or unenforceable, you agree such provision shall, to the maximum extent feasible, be modified by to render it enforceable and to reflect to the maximum extent possible the intent of the existing language of the provision when considered in the context of these Terms of Use as a whole, that such modified provision shall be enforceable, and that such a finding of invalidity or unenforceability shall not affect the validity or enforceability of these Terms of Use as a whole or of any other provision of these Terms of Use.

Entire Agreement. These Terms of Use (including all referenced or incorporated policies, agreements and other provisions) constitutes the entire agreement between you and Arena and supersedes all prior or contemporaneous oral or written agreements or other communications between the parties with respect to the subject matter hereof. If there is a conflict between the language of these Terms of Use and the language of any terms incorporated by reference, the latter incorporated terms shall control. You acknowledge and agree that, in entering into these Terms of Use, you are not relying on any representation, warranty, statement or promise, express or implied, not explicitly set forth in these Terms of Use, and you hereby waive any claimed reliance on the same

Terms Applicable to All Services. We provide educational content and referrals to our clients as part of the service that Arena offers. By submitting any form through the Site, and separately for each such request you submit, you are indicating that you desire to be contacted by Arena, and you are providing express written consent that Arena or a third party on Arena’s behalf may deliver calls or text messages to you, including for marketing purposes, using an automatic telephone dialing system or an artificial or prerecorded voice to the phone number you have provided. You understand that you are providing this consent to receive such telephone calls even if your telephone number is currently listed on any federal, state, local, internal, or corporate Do-Not-Call (“DNC”) Lists. You understand that you are not required to consent to receive these communications as a condition of using the Services.

You consent to receive email from Arena and Providers for purposes of providing the Services at the email address you provided or at other addresses that may be associated with you that we receive from Providers or other parties. You hereby consent to any such email, so it will not be considered spam or unauthorized by any local, state or federal law or regulation. You agree that the consents described herein shall remain valid and in effect until you revoke them by opting out as described below.

You may opt out of receiving calls from Arena at any time by emailing [email protected] to expressly state in writing that you no longer wish to be contacted by Arena and are revoking your consent to be contacted.

Any form you submit is not an application for credit. Rather, it is an inquiry that may be able to present conditional offers. You understand that Arena may keep your form information and any other information provided or received in the processing of your form, whether you are qualified for a product with them or complete a formal application for services with them.

For any Service, by saving your information with Arena or submitting a form through the Site, you represent that all the information you have provided is true, accurate, current and complete. You further acknowledge that you alone will use your Account to access the Services. You must not sell, transform, or assign your Account to anyone else. You agree to keep your login information confidential, to employ reasonable and appropriate safeguards to prevent unauthorized access to your account, and to not share your account credentials with any third party or allow anyone else to log into our Services as you. You are responsible for all activities that occur under your Account. In addition, Arena reserves the right to use your information with our partners as needed to perform services on your behalf.

When you “submit” information, create an account or otherwise register for Services through our Site, you understand and agree that you have established a business relationship between you and Arena. Accordingly, Arena may send your information to certain affiliates and third parties as provided in the Privacy Policy, and you agree that Arena and persons calling on Arena’s behalf may contact you using information you provided with information and offers of services available through Arena and the Site. You also give Arena permission to retain all such provided information and to make live or recorded calls to discuss, provide, or remind you of any information regarding your submission.

In addition, certain state and federal laws require that the information you provide us is housed and securely maintained and cannot be removed, purged, or destroyed until the expiration of certain prescribed periods. Arena may also maintain and share information provided by you and about you by third parties for internal marketing and analytics.

Services offered by Providers may only be made to residents of states where Providers are authorized to make such Loans. A Provider’s participation in and offering of its products on the Site does not constitute an offer by any Provider or by Arena to provide services outside of their authorized jurisdictions, and to the extent you seek or receive information from a Provider regarding any prospective service which would be outside of the Providers’ authorized jurisdiction, that information is for informational purposes only. Providers shall have the right to discontinue, suspend or terminate the offering of any Loan product in any specific state through the Site at any time, without prior notice.

We do not guarantee acceptance into any particular program or specific terms or conditions with any Provider; approval standards are established and maintained solely by individual Providers. Likewise, we do not guarantee that the rates offered by Providers include the lowest rates available in the market or the rate that the Providers will ultimately charge. A Provider’s conditional Loan offer may be subject to market conditions, approval and qualification. The rates and fees actually provided by Providers may be higher or lower depending on your complete credit profile, collateral/property considerations (if applicable) including but not limited to location, equity and value and income/asset consideration including but not limited to Loan to value and debt to income ratios. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for a Loan commitment or interest rate lock-in agreement. Providers may not offer all products as well as not offer products in all states. You might not be matched with the Provider making any specific offer. If you agree to terms with any Provider with whom you are matched on our Site, you will be responsible for paying for any closing costs associated with your Loan (such as settlement services, Loan processing, underwriting or funding fees) at closing.

By clicking on any button indicating an acceptance or agreement to terms, a continuance of processing or submission (collectively, a “submission”) you understand that you are consenting, acknowledging, and agreeing to the stated terms and conditions of that submission and that you are submitting an inquiry for a Service through Arena to each of the Providers to whom your Loan request is transmitted. You are also indicating that you are consenting, acknowledging, and agreeing to receive notices, disclosures, and other communications (“Disclosures and Communications”) in electronic form (either by email or via the Internet) as provided for in the Consent for Electronic Disclosures and Communications from Arena and its Providers.

Termination. You may terminate your relationship with us for a material default of these Terms of Use by notifying us in writing in reasonable detail of the basis thereof using the information in the Contact Us section below; provided that we have thirty (30) days to cure such default. If we do not materially cure such default within such period, you may terminate your relationship upon ten (10) days notice. We may terminate your use of the Site on any grounds, including non-payment of amounts due and payable, without notice, and without liability to you or any third party. If your use of the Site is terminated, you will still remain liable for any obligations you have incurred in connection with using the Site. We have the right to bar you from accessing the Site without liability to you or any third party. Under no circumstances is Arena obligated to provide a refund. If you require any services to transition any Services to a third party, such services are outside the scope of the Services and will be billed at a rate of $100.00 per hour and are due within 15 days of invoicing.

Contact Us. We may send you notices, statements, or any other type of communication by regular mail or email, by posting it on our Site, or by any other reasonable methods. You shall provide notice to us at: Arena 1818 Library St #500 Reston, VA 22190. You may contact us by email at [email protected], or by using the address above.