Effective Date: September 10th, 2025

This agreement contains disclaimers of warranties, limitations on liability, releases, a class-action waiver, and a requirement to mediate and arbitrate all claims. These provisions are an essential basis of this agreement.

1) Acceptance of Agreement

This is an agreement between Crestmont Capital California, LLC (“Company,” “we,” “us”), owner and operator of www.crestmontcapital.com (the “Site”), and you, a user of the Site and/or our services. By accessing the Site or using the services, you agree to be bound by this agreement for as long as you use the Site or services. If you do not agree, do not use the Site or services. You must not use the Site or services, or accept this agreement, if: (a) you are not of legal age to form a binding contract; (b) you are prohibited by law from receiving or using the services; or (c) you are not a U.S. resident.

2) Changes to this Agreement

2.1 Right to Change. We may modify this agreement (“Updated Agreement”) from time to time.
2.2 Notice. Unless a change is for legal/administrative reasons, we will provide reasonable notice, which may be by posting the Updated Agreement on the Site.
2.3 Acceptance. Your continued use after the effective date of the Updated Agreement constitutes acceptance. If you do not agree, your sole remedy is to stop using the Site/services.
2.4 Effective Date. Changes apply from posting (or a later stated date) and will not apply to disputes arising before the effective date.

3) The Service

3.1 Description. We operate a free matching service connecting U.S. businesses and business owners with lenders and other financing solution providers (collectively, “Third-Party Funding Providers”). These providers do not represent all loan companies or offers and may include affiliates, referrals, marketing partners, and lead-generation websites. We are not a lender or finance provider and do not underwrite, approve, fund, or collect on loans or other financial solutions.

3.2 Application Information. You may request provisional pre-qualification by submitting business and owner information and documents (“Application Information”). You represent that all information is complete and accurate and will keep it updated. By submitting Application Information, you authorize us to obtain information (including from third-party sources) to verify fields and for background checks.

3.3 Background Checks. You authorize us or our agents to conduct initial and periodic follow-up background checks on you and your directors/officers, which may include data/credit history, criminal records, public information, data from third-party providers/aggregators, and bankruptcy history. You are responsible for obtaining any required consents from directors/officers. Refusal to cooperate may preclude matching.

3.4 Referrals. If you meet a provider’s pre-qualification criteria, we may identify one or more matched providers and share general details (e.g., typical funding amounts, interest ranges, time to funding/repayment) (“Provider Details”). At your instruction, we may share your Application Information as a referral. A referral does not guarantee funding or terms.

3.5 Applying for Funding. Once referred, the matched provider conducts its own underwriting and independently decides whether to fund. We have no role in that decision.

3.6 Information Sharing & Collection. We control only this Site and our forms. We are not responsible for third-party sites, privacy policies, or any agreements you sign with third parties. We may monitor and record calls/electronic communications with you (and share recordings with providers upon request) to ensure compliance. By submitting information, you expressly consent to such contact and recording.

3.7 Fees. We do not charge you for use of the matching service. We are compensated by Third-Party Funding Providers. We use reasonable efforts to identify fee/interest information and minimize any impact of our compensation, but final terms are solely at the provider’s discretion.

3.8 Affiliates/Agents. We may exercise our rights and perform obligations through affiliates, subcontractors, and agents; we are responsible for their acts/omissions in connection with this agreement. Claims must be brought against the Company (not our affiliates/agents). Third-Party Funding Providers are not our affiliates.

4) Use of the Service

4.1 Compliance. You will use the Site/services only for lawful purposes and in accordance with this agreement and applicable law.
4.2 Business Purpose Only. The services are intended for U.S. business use only (not personal, family, or household purposes). Individuals may use the services only on behalf of an authorized business.
4.3 Truthful Information. Provide only your own accurate information; update it as needed. Do not use the services on behalf of another person or business (including fictitious names or “seeds”).

5) Use of the Site & Intellectual Property

5.1 License. We grant you a limited, nonexclusive, nontransferable, nonsublicensable license to access and use the Site/services as permitted by this agreement.
5.2 IP Rights. The Site and its content, features, and functionality are owned by us or our licensors and protected by IP laws. We reserve all rights not expressly granted.
5.3 Trademarks. Our names, logos, page headers, graphics, icons, and scripts are trademarks/service marks/trade dress of the Company. Do not use without prior written permission.
5.4 Prohibited Conduct. You will not: (a) copy/scrape the Site; (b) use robots/spiders/offline readers; (c) send spam or harvest emails; (d) attempt to breach security or decipher transmissions; (e) overload infrastructure; (f) upload viruses/worms/malware; (g) impersonate others or engage in fraud; (h) access content by unauthorized means; (i) bypass security/usage limitations; (j) reverse engineer any part of the Site; or (k) create derivative works of the Site/services.

6) Accounts & Security

6.1 Registration. Certain features may require an account with accurate registration information and a password/username.
6.2 Your Responsibility. You are responsible for maintaining confidentiality of your credentials and for all activity on your account. Notify us of unauthorized use.
6.3 Liability. We are not liable for losses arising from unauthorized account use. You may be liable for our losses or others’ losses caused by your account’s misuse.
6.4 No Use of Others’ Accounts. Do not use another person’s account.

7) Account & Data Security

We care about integrity and security but cannot guarantee that unauthorized parties will never defeat our security measures. You provide information at your own risk.

8) User Content

8.1 Ownership. You retain ownership of content you upload.
8.2 License to Company. You grant us a worldwide, nonexclusive, transferable, sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and perform such content in connection with the Site/services and our business (including promotion and redistribution).

9) Links & Third-Party Content

The Site may link to third-party sites/resources and display third-party content. We are not responsible for availability, accuracy, or content/products/services of third parties, and links do not imply endorsement. If a link is to a Third-Party Funding Provider, we act only as a referrer and do not guarantee or underwrite any products/services. You assume all risk from accessing third-party resources.

10) Changes to the Site; Availability; Reliance

10.1 Content Changes. Site content may be updated occasionally and may not always be current. Report suspected errors to info@crestmontcapital.com.
10.2 Availability. We do not guarantee continuous, uninterrupted, or secure access; factors beyond our control may affect operation.
10.3 Reliance. Information on the Site is for general purposes only and provided “as is.” Reliance is at your own risk, including third-party materials/opinions.

11) Non-Endorsement; Passive Conduit

We do not sponsor, recommend, or endorse any Third-Party Funding Provider. We do not review provider standing with regulatory bodies and make no statements regarding their status or competence. Use caution and independent judgment. We do not involve ourselves in agreements between you and providers.

12) International Users

The Company is located in Irvine, California, USA. We make no representations that the Site or content are appropriate outside the U.S. Accessing the Site from outside the U.S. is at your own initiative and risk.

13) Termination

13.1 At Will. Either party may terminate this agreement at any time by written notice.
13.2 By Company. We may suspend/terminate access immediately, with or without notice, for any reason.
13.3 Effect. Upon termination, your right to use the Site/services ends; accrued obligations remain.
13.4 Survival. Provisions that by nature should survive (e.g., ownership, disclaimers, limitations of liability) will survive termination.

14) Acknowledgments & Warranty Disclaimers

14.1 Internet Risks. We do not warrant that files or links from the Internet/Site are free of viruses or destructive code. You are responsible for anti-virus, data accuracy, and backups.
14.2 AS-IS. Your use of the Site, content, and services is at your own risk. The Site, content, and services are provided “as is,” “with all faults,” and “as available,” without warranties of any kind (express, implied, statutory, or otherwise), including merchantability, title, non-infringement, privacy/security, or fitness for a particular purpose. We do not warrant accuracy, reliability, error-free or uninterrupted operation, correction of defects, virus-free servers, meeting needs/expectations, or any economic/financing outcome.

15) Limitations of Liability; Release; Exclusive Remedy

15.1 No Liability for Certain Matters. To the maximum extent permitted by law, the Company and its directors, officers, employees, agents, subsidiaries, affiliates, partners, licensors, content providers, and service providers will not be liable for: (a) content errors/inaccuracies; (b) property damage from use; (c) disputes between you and third parties; (d) third-party products/services; (e) failure to obtain funding or economic benefit; (f) your funding decisions; (g) infringing/obscene/defamatory/illegal conduct of others; (h) unauthorized access to servers/data; (i) transmission interruptions; (j) malware or disabling code; (k) incompatibility; (l) delays/failures in transmissions/transactions; or (m) losses from content made available through the Site/services.
15.2 Damages Excluded. To the fullest extent allowed, the Company Parties will not be liable for indirect, incidental, special, consequential, punitive, or exemplary damages, or for lost revenue/profits/goodwill/business/savings/use/services/data/privacy, procurement of substitutes, computer failures, or reliance damages—even if advised of the possibility.
15.3 Cap & Exclusive Remedy. If you are dissatisfied, your exclusive remedy is to stop using the Site/services. The maximum aggregate liability of the Company Parties for any claim is $100. Some jurisdictions do not allow certain exclusions/limits; if so, this clause applies to the maximum extent permitted.

16) Indemnification

You agree to defend, indemnify, and hold harmless the Company Parties from and against any losses, liabilities, claims, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your access to or use of the Site/services; (b) your breach of this agreement; (c) your violation of third-party rights or law; (d) your interactions with any provider; (e) your duties/obligations to a provider (including relating to a referral); (f) your failure to provide/maintain accurate Application Information; or (g) your tortious/criminal conduct, except to the extent caused by the Company’s intentional misconduct.

17) Dispute Resolution

17.1 Litigation Election. Either party may litigate only: (a) actions for injunctive relief, or (b) suits to compel compliance with this dispute process.
17.2 Negotiation. Before asserting non-compliance, each party must give the other a reasonable opportunity to cure. Parties will meet in good faith to resolve disputes; the complaining party will provide a written Dispute Notice with supporting material.
17.3 Mediation. If unresolved within 30 days after the Dispute Notice, either party may demand mediation under the AAA Commercial Mediation Rules in Irvine, California. Parties bear their own costs and share third-party mediation costs equally unless otherwise agreed.
17.4 Arbitration. If still unresolved, disputes will be finally settled by binding arbitration administered by the AAA under its Commercial Arbitration Rules. The arbitrator has exclusive authority over arbitrability, interpretation, enforceability, and formation. Venue: Orange County, California (unless otherwise agreed). Each party pays its AAA/arbitrator/admin fees. The award may include costs/fees and may be entered in any court of competent jurisdiction. Proceedings are confidential unless disclosure is required by law.
17.5 Injunctive Relief. Either party may seek court relief concerning data security, IP, or unauthorized access.
17.6 Jurisdiction & Venue for Permitted Proceedings. United States District Court (Southern District of California) or state/local courts in Orange County, California; parties waive inconvenient forum and improper venue objections.
17.7 Recovery of Expenses. The prevailing party in proceedings between the parties is entitled to recover reasonable expenses (including attorneys’ fees), subject to any split decisions as described herein.
17.8 Jury Trial Waiver. Both parties waive the right to a jury trial.
17.9 Class Action Waiver. All claims must be brought individually and not as a class/representative action; the arbitrator may not consolidate claims without our consent.
17.10 Limitations Period. Any claim must be filed within one (1) year after it arises.

18) Communications; E-Sign

18.1 Telephone/SMS. You consent to receive calls and messages (including autodialed/prerecorded and SMS texts) from the Company, affiliates, marketing partners, agents, and others calling regarding the services, at numbers you provide (including mobile). Carrier rates may apply. Consent is not a condition of services or credit. You may opt out of marketing calls/texts at any time (e.g., reply STOP to a text, call (800) 949-0401, or email privacy@crestmontcapital.com). Calls may be recorded.
18.2 Electronic Signatures/Records. Clicking “I agree,” “I consent,” or similar constitutes your electronic signature, equivalent to a handwritten signature. You consent to receive disclosures and records electronically and to our E-Sign Consent Agreement, incorporated herein by reference.

19) Accessibility

We are committed to accessibility. If you have a disability and cannot access portions of the Site, notify us with a description of the issue. If readily identifiable and resolvable using industry-standard tools/techniques, we will address it promptly.

20) Privacy

For how we collect, use, share, and protect information, see our Privacy Policy. By using the Site/services, you consent to processing and transfer in the United States consistent with the Privacy Policy.

21) Service Interruption; Resale

To ensure service quality, we may interrupt the services for maintenance/updates and may suspend or discontinue services, subject to applicable law. Users may not reproduce, resell, or exploit any portion of the Site/services without our prior written permission.

22) Governing Law

California law governs this agreement and the Site, without regard to conflicts principles. The predominant purpose is the provision of services and licenses, not a sale of goods.

23) General Provisions

23.1 Entire Agreement. This is the entire agreement regarding the Site/services and supersedes prior contemporaneous communications.
23.2 Copies. You may print or save a copy; email info@crestmontcapital.com if you need assistance.
23.3 Other Services. Additional terms may apply to specific services/products and will be presented before use.
23.4 Assignment. We may assign our rights/delegate performance without consent. You may not assign/delegate without our written consent; any attempt is void.
23.5 No Waiver. A waiver must be in writing and applies only as stated. No delay or course of dealing is a waiver.
23.6 Severability. If a provision is unenforceable, it will be modified to the minimum extent necessary; the remainder remains in effect.
23.7 Notices to Company. Email info@crestmontcapital.com (notice is received when our server acknowledges receipt). We may update contact info by posting on the Site.
23.8 Force Majeure. We are not responsible for failures caused by events beyond reasonable control, including natural disasters, war/terrorism, strikes/shortages, infrastructure/telecom failures, fiber cuts, hacking/spam, or system failures.
23.9 No Third-Party Beneficiaries. No one other than the parties has rights under this agreement.
23.10 Relationship. The parties are independent; no partnership, joint venture, agency, franchise, or employment is created.
23.11 Successors/Assigns. This agreement binds and benefits the parties and their successors/assigns (subject to Section 23.4).
23.12 Feedback. Suggestions are non-confidential; we may use them without payment or restriction.
23.13 Usages/Interpretation. “Including” means “including, without limitation.” “A or B” means “A or B or both.”

24) Contact Information

Crestmont Capital California, LLC
400 Spectrum Center Dr, Irvine, CA 92618
Email: info@crestmontcapital.com | Phone: (800) 949-0401