The Merchant and Owner(s) identified above (collectively, the “Applicant”) each represent, acknowledge and agree that: (1) all information provided in connection with this application is true, accurate and complete, (2) Applicant will immediately notify Flexibility Capital and/or its subsidiaries, affiliates or agents (“Flexibility Capital”) of any change in such information or in the Applicant’s financial condition; (3) Applicant agrees that Flexibility Capital may disclose all information and documents obtained, including credit reports (the “Application”), to financial institutions, lenders, loan servicers, purchasers of accounts receivable, factoring companies, equipment finance or leasing companies, or other similar sources of commercial financing for the purpose of considering the Applicant’s request for financing; (4) Flexibility Capital and other parties to whom the Application is provided are authorized to request and receive consumer or personal, and business or entity, credit reports from one or more credit bureaus, such as TransUnion, Experian or Equifax, investigative reports about the Applicant from third party data aggregators, and other financial information about Applicant, including credit card processor statements and bank statements, directly from credit bureaus, banks, creditors or other third parties; (5) Applicant waives and releases any claims against Flexibility Capital or other parties to whom the Application is provided or who provide information arising from any act or omission relating to the requesting, receiving or release of information; and (6) each Owner represents that they are authorized to execute any documents on behalf of the Merchant and to bind the Merchant. Flexibility Capital may, from time to time, notify Applicant of various promotional offers and other marketing information, or contact Applicant in connection with the servicing of any financing, or in connection with any default under any financing. Applicant expressly consents and authorizes Flexibility Capital to call, e-mail, send text messages, and/or send other electronic messages (including prerecorded or artificial voice messages) using an automatic telephone dialing system to any telephone number provided by Applicant, and any telephone number included in any and all documents or forms submitted, including cellular phone numbers and landlines, regardless of their inclusion on any do not call list, for purposes of servicing, collections, marketing or promoting any product offered by Flexibility Capital. Please note that you are not required to consent to be contacted for marketing or promotional purposes in order to qualify for financing or obtain any other products or services from Flexibility Capital. If you do not agree to be called for marketing or promotional purposes please email [email protected].