DIAMOND FINANCIAL SERVICES AND WWW.FRANCHISEFUNDING.NET (“DFS”), MAKES NO WARRANTIES OF ANY KIND OR NATURE REGARDING THE BUSINESS AND/OR THE INFORMATION CONTAINED IN THE LOAN PACKAGE, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED AND DFS MAKES NO EARNINGS, SALES, PROFITS, EXPENSES, CASH FLOW OR EARNINGS CLAIMS. DFS MAKES GUARANTEE THAT YOU WILL ATTAIN FINANCING/LOAN APPROVAL. In consideration for the services and information provided by DFS, in no event shall DFS be liable to you or anyone, directly or indirectly, whether in an action in contract or tort, for any direct, indirect, incidental, special and/or consequential damages or damages for any lost profits, use, revenue, data, savings, business information, or any other pecuniary loss you sustain, directly or indirectly, arising in any way, in whole or in part, out of your use thereof, even if DFS had been advised of the possibility of such damage or for any acts or omissions in DFS’ performance of the services or on the part of your agents or employees in connection therewith and the same shall be your obligation and liability . This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey without giving effect to the conflict of law provisions thereof, and venue and jurisdiction for any disputes in connection herewith shall be proper only in any federal or state court located only in West Keansburg, New Jersey.

Acknowledged and agree as this __ day of __________, 200_

By ____________________________________________________ (SEAL)

______________________________, its ___________________