Terms and Conditions

DATE: 13-11-2024 

Acceptance of the Terms of Use
These terms of use are entered into by and between you and Top Dollar Capital LLC and its affiliates and subsidiaries (“Company,” “we,” or “us“). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use“), govern your access to and use of www.topdollarcap.com including any content, functionality, and services offered on or through www.topdollarcap.com (the “Website“), whether as a guest or a registered user. For purposes of these Terms of Use, “you” includes you and your agents (such as a mortgage broker) using the Website and acting on your behalf, and any principal (such as an LLC or other entity) on whose behalf you are acting when accessing the Website.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at [Top Dollar Capital LLC Privacy Policy], incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. We use cookies to enhance your browsing experience. By continuing to access the Website, you consent to all cookies in accordance with our Terms of Use and Privacy Policy.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use
We may revise and update these Terms of Use 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 Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

1. Making all arrangements necessary for you to have access to the Website.
2. Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

Registration Data and Account Security
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

You acknowledge that the Company is not liable for any loss or damage arising out of your failure to comply with this section.

Limitation on Liability: This section restricts the company’s liability to the fullest extent permissible by law, disclaiming responsibility for any damages arising from use or inability to use the website. It includes a broad range of potential losses, such as personal injury, lost profits, and data loss. Importantly, it specifies that this limitation does not apply in cases of gross negligence or willful misconduct by the company.

Indemnification: This clause requires users to indemnify (reimburse) and defend the company against claims and damages resulting from the user’s violation of the Terms or misuse of the website. This includes covering legal fees and any related costs.

Governing Law and Jurisdiction: All matters related to the Terms of Use or the website are governed by Michigan law, without considering conflict of laws rules. Any legal actions are to be filed in Michigan courts, though the company can choose to file in the user’s jurisdiction. Users waive objections to this jurisdiction.

Arbitration: The company may require disputes to go to arbitration, following the American Arbitration Association’s rules and Michigan law. This creates a binding and final resolution outside of the courtroom.

Limitation on Time to File Claims: Users must file any claims related to the Terms or website within one year of the cause of action. After that, claims are permanently barred.

Waiver and Severability: If the company doesn’t enforce a provision, it doesn’t waive future enforcement. Also, if a provision is deemed unenforceable, it won’t affect the rest of the Terms, which will remain in effect.

Entire Agreement: The Terms of Use and Privacy Policy constitute the entire agreement between the user and the company, superseding any prior agreements related to the website.

USA PATRIOT Act: Under the USA PATRIOT Act, the company is required to verify customer identities to prevent terrorism funding and money laundering, a common regulatory requirement for financial institutions.