These terms and conditions outline the rules and regulations for the use of Terrydale Capital, located at www.terrydalecapital.com
By accessing the website, we assume you accept these terms and conditions. Do not continue to use Terrydale Capitakl and its services if you do not agree to take all of the terms and conditions as stated.
- Terrydale Capital Services:Through the Website and its affiliated entities, Terrydale Capital, LLC (“Terrydale Capital”) provides Users with an array of Services and content, including educational materials, financial tools, commercial real estate financing information, financing advice, commercial real estate investment opportunities, and facilitates commercial real estate financing transactions, and other functions and services. Terrydale Capital does not provide any tax, legal, real estate brokerage services, or accounting advice.
- Mortgage Brokerage Services:Terrydale Capital is a mortgage broker that acts as an intermediary between prospective borrowers and lenders, and typically will receive compensation in the form of a fee from a lender for such services.
- Not a Registered Broker-Dealer:Terrydale Capital does not provide services related to the offering or sale of securities, and is not a registered broker/dealer or member of FINRA.
- Not a Registered Investment Adviser:Quotations listed on Terrydale Capital are not offers to enter into a contract with any User. Such listed quotations may be subject to change for variety of reasons including but not limited to: (i) change in market rates and conditions, (ii) change in the lender’s underwriting requirements, and/or (iii) change in regulatory requirements.
- Quotations listed are not Offers: Quotations listed on Terrydale Capital are not offers to enter into a contract with any User. Such listed quotations may be subject to change for variety of reasons including but not limited to: (i) change in market rates and conditions, (ii) change in the lender’s underwriting requirements, and/or (iii) change in regulatory requirements.
2. Important Notices
- E-Sign and Electronic Delivery Consent. Terrydale Capital provides most of its Services electronically. You consent to the use of electronic signatures and delivery of records in electronic format during our relationship with you as set forth in our E-Sign and Electronic Delivery Consent.
3. Terrydale Live Accounts
- Registration. To access certain features of the Website and certain Services, you will be required to create a login and complete a User Profile by providing information about yourself and your entity (if applicable). You agree that the information you provide to us is accurate and that you will notify us of any changes.
- To establish a Terrydale Live Account, you must:
- Be a Commercial Real Estate Investor, Real Estate Broker, or Lender
- Be at least 18 years old,
- Be a U.S. citizen or resident alien, or invest through an eligible U.S.-based entity
- Not have been suspended or removed from the Website,
- Verify your identity and pass certain anti-money laundering checks and other due diligence requirements(only when a deal is being facilitate through the platform) and
- Sign an Account Agreement.
- Safeguarding Your Terrydale LiveAccount. When you register, you will be asked to establish a login and password that will be used to access your User Profile and Terrydale Live Account(s). We may require multi-factor authentication and other security features to access your User Profile and Terrydale Live(s). You are solely responsible for maintaining the confidentiality of your login and password, and you accept responsibility for all activities that occur under your login, User Profile and Terrydale Live(s). You are responsible for maintaining security and control of your login information, passwords, e-mails, devices you use to access the Website or the Services or to send any instruction to us, and bank accounts you have associated with your User Profile and Terrydale Lives. You must keep your email account associated with your login secure against any attacks and authorized access. If you believe that your login information or associated email account is no longer secure, then you must immediately notify us at [email protected].
You authorize us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud, money laundering, terrorist financing or other financial crime, and to take any action we deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to identity verification, compliance data recordation, credit reference, fraud prevention, or financial crime agencies and that these agencies may respond to our inquiries in full.
If there is any reasonable doubt that any information provided by you is wrong, untruthful, outdated or incomplete, we shall have the right to send you a notice to request corrections, remove relevant information directly and, as the case may be, terminate all or part of the Services provided to you.
- Calls and Texts. If you provide us with phone number(s), you: (a) represent and warrant that the numbers you provide are your phone numbers, and you will promptly notify us if that changes, (b) consent to receive calls and texts made to that phone number concerning your User Profile, Terrydale Live, transactions, and other operational matters, including calls that may be prerecorded or completed with an automatic telephone dialing system (automated calls) for such operational purposes (including security alerts), or investigating or preventing fraud, and (c) consent to receive calls and texts made to that phone number for promotional purposes. You may opt out at any time from receiving these types of texts or calls by opting-out on your Terrydale Live profile, advising the caller orally, by replying “STOP” to a text, or by e-mail to [email protected]. Opting out of receiving operational phone calls and texts may impact the functionality that the Website and Services provide to you. Please note, even if you opt out, we may still make other calls as permitted by law. You may continue to receive calls or text messages for a short period while Terrydale Capital processes your request, and you may also receive text messages confirming the receipt of your opt-out request. From time to time, you also may have the opportunity to “opt in” to receive additional types of promotional calls and texts, and your selection to receive such communications shall be your consent, which may be revoked at any time by changing your selection in your User Profile, advising the caller orally, by replying “STOP” to a text, or by e-mail to [email protected].
- Terrydale Capital may send you emails concerning your User Profile, Terrydale Live, transactions, and other operational matters. Terrydale Capital also may send you promotional emails regarding our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
- User will not divulge any of Terrydale Capitals business systems, policies, procedures, forms or technologies – no matter subscription status to the platform – without express written consent on behalf of Terrydale Capital. Any disclosure is a breach of this Agreement and will thus result in immediate termination. Furthermore, Terrydale Capital reserves the right to pursue remedies or seek legal recourse against the violator of the Agreement.
- User acknowledges that the Terrydale Live Platform is a proprietary platform used for commercial real estate. The Platform is regarded as intellectual property and has been applied for in regards to a patent and copyright protection by Terrydale Capital.
Terrydale Capital is not liable for the validity of any information on the website, nor is The Company liable for any loss or damages that any User incurs as a result of any information uploaded to, viewed on, accessed on, or taken from the website. All information provided is taken from 1st and 3rd party sources, for which Terrydale Capital holds no liability.
Terrydale Capital is not a Certified Financial Planner (CFP), or Personal Financial Planner (PFP). It does not claim to act as one. Terrydale Capital should be regarded as a consultant in a capacity that does not exceed any of the capacities stated herein. Information Sharing
All information uploaded to, accessed on, or downloaded from the website is not to be shared with any individual that is not an authorized user of the platform. Usage
The User agrees that no activity that is conducted on the website or that arises from the use of information uploaded to, accessed on, or downloaded from the website will be used for any illegal purposes or to violate any laws or regulations in either Party’s governing jurisdiction. Validity of Information
- Due Organization: Good Standing: If user is an entity or organization other than an individual, the user is duly organized, validly existing and in good standing regarding its national, state and local laws.
- Compliance with Law: At all times during the Term; (a) User will comply with all applicable state, federal and local laws and regulations and maintain any and all necessary licenses, permits, bonds, and other requirements of each jurisdiction; (b) User will be licensed and properly qualified to transact business as a mortgage broker, commercial lender or other appropriate licensee, or will be otherwise exempt under applicable law from such licensing and qualification; (c) User’s employees are properly licensed or registered in all jurisdictions where required for the origination of commercial loans as contemplated by this Agreement and will maintain all applicable licenses, registrations and approvals in good standing during the term of this Agreement.
- Business Practices: All of the User’s business practices are consistently in-line with the national, state and local laws as well as operate within what are deemed acceptable best practices in the commercial real estate industry.
- No False or Misleading Statements: To the best of the User’s knowledge – either individual or organization – no statement or representation made or document thereby submitted to Terrydale Capital or through the Terrydale Live Platform is untrue, incomplete, inaccurate, forged or misleading in any capacity. If any document or statement is found to be untrue, incomplete, inaccurate, forged or misleading or believed to be untrue, incomplete, inaccurate, forged or misleading – the User is subject to forfeiture of their use of the Platform and is in breach of this Agreement.
Violations subject to legal action are as follows:
- Replication of website data
- Distribution of website data without express consent granted by Terrydale Capital and its proprietors or without direct reference to said material.
- Replication of any proprietary logos and embellishments trademarked by Terrydale Capital.
- Subversion of site integrity and code without express consent granted by Terrydale Capital and its proprietors.
- Tampering with the site in any capacity to undermine its basic functionality, subvert the service granted to others or divulge private information of other users.
- Use illegal or false data for one’s profile.
- Falsely impersonate any person, entity, or organization through a profile.
- Using the site in any capacity to defraud any individual, entity or organization.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of the website.