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Terms of Use

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.

The following terminology applies to these Terms and Conditions, Privacy Policy, Disclaimer Notice, and all Agreements: “User”, “You” and “Your” refers to you, the person using the website and compliant to the Terrydale Capital’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the User and ourselves. All terms refer to the offer, acceptance and consideration of actions necessary to undertake the process of assisting the User in the most appropriate manner for the expressed purpose of providing The Company’s stated services, in accordance with and subject to, the prevailing laws of the United States.

We reserve the right to amend these Terms and Conditions and Privacy Policy linked at any time. By continuously accessing our Website, you agree to be bound to and follow these linking Terms and Conditions.

1. Services

  • 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.
  • These Terms of Use shall govern with respect to all other Services and your usage of the Website.

2. Important Notices

By your acceptance of these Terms of Use, you acknowledge receipt of these notices and disclosures

  • Privacy Policy.Terrydale Capital respects your privacy and is committed to protecting it. Please review our Privacy Policy. Notwithstanding and in addition to the foregoing, if you are a vendor to us, are a Sponsor or Issuer, (as defined below), or provide services or goods to Terrydale Capital, you acknowledge and agree that we may use and provide your business identifiable information and other nonpublic, confidential information to third parties as part of our vendor onboarding to validate payment instructions and perform due diligence on you as required by law and as otherwise required by us in our reasonable discretion (including but not limited to Know Your Business, credit checks, and background checks).
  • 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 live@terrydalecapital.com.
  • Account Usage. You must ensure that the login, User Profile, and Terrydale Live Account you register will not be used by any other person unless they have been registered and completed any required identity verification described in these Terms of Use. Terrydale Capital reserves the right to terminate, suspend or restrict your access to the Website, Services, or your login, User Profile or Financing Platform Account(s) or refuse to complete a transaction or instruction, in its sole discretion. Circumstances in which such adverse actions are more likely to arise include compliance with legal or regulatory requirements, suspected breach of these Terms of Use by you or your User account or Terrydale Live, suspected security breach, fraudulent activity, money laundering, or other crime, suspicious activity, circumvention of our policies, controls, or procedures, or other actions that we deem warrant adverse action. Any instruction or order given for your User Profile or Financing Platform Account using your login credentials or those of any other person you have registered for your User Profile or Terrydale Live for will be treated as being from you and fully authorized by you, and Terrydale Capital will not be liable for relying on such instruction or order.
  • Users who open a User Profile or an Terrydale Live or engage in actions in a User Profile or an Terrydale Live on behalf of an entity or another individual must have full power, authority and capacity to consent to these Terms of Use and make decisions for such entity or individual.

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.

4. Communications

  • 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 live@terrydaleapital.com. 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 live@terrydalecapital.com.

You agree that Terrydale Capital may record and monitor phone calls and other electronic communications with you for customer service and/or regulatory compliance purposes. Terrydale Capital does not guarantee that any particular communication will be recorded and/or retained. We may share your number with third parties that provide services to us in connection with any of the foregoing purposes, including but not limited to debt collectors and as otherwise described in our Privacy Policy. You understand that message, telephone minute and data rates may apply for calls and texts made to a mobile phone number.

  • 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.

5. Cookies

We employ the use of cookies. By accessing Terrydale Capital’s website, you agreed to use cookies in agreement with Terrydale Capitals Privacy Policy. Confidentiality and Full Disclosure

  • 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.

6. Liability

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

Terrydale Capital does not make any assurance as to the validity, correctness, completeness, or protection of any electronic documents uploaded to or information provided by the website by any User or by Terrydale Capital. For details on our protection of User information and relevant privacy law compliance, please see our Privacy Policy. User Representations

  • 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.

7. Indemnity

To the fullest extent permitted by law, you are responsible for your use of the Website and the Services, and you will defend and indemnify Terrydale Capital and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Terrydale Capital Entities”) from and against every claim, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your use of, or misuse of, the Website and Services; (b) your violation of any portion of these Terms of Use, any representation, warranty, or agreement referenced in these Terms of Use, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (d) any dispute, issue, or agreement between you and any third party, or (e) any interactions between or agreements between you and another User or any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

8. Termination

Users are subject to profile and usage termination granted any terms of use are breached by the party. Breaches of the site’s terms and conditions may be subject to legal action undertaken by Terrydale Capital and its proprietors.

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.

9. Disclaimer

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.

10. Arbitration

THESE TERMS OF USE ARE GOVERNED BY AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAW OF THE STATE OF TEXAS, EXCLUDING ANY CONFLICT-OF-LAWS RULE OR PRINCIPLE THAT MIGHT REFER THE GOVERNANCE OR THE CONSTRUCTION OF THESE TERMS OF USE TO THE LAW OF ANOTHER JURISDICTION. If any provision of these Terms of Use or the application thereof to any Person or circumstance is held invalid or unenforceable to any extent, the remainder of these Terms of Use and the application of that provision to other Persons or circumstances is not affected thereby and that provision shall be enforced to the greatest extent permitted by law. Any disputes, claims, or issues arising out of or related to these Terms of USE shall be resolved by BINDING ARBITRATION applying the rules and procedures of the American Arbitration Association by a single Arbitrator. Each party shall bear their costs and fees of such Arbitration equally. If any provision of these Terms of Use or the application thereof to any Person or circumstance is held invalid or unenforceable to any extent, the remainder of this Company Agreement and the application of that provision to other Persons or circumstances is not affected thereby and that provision shall be enforced to the greatest extent permitted by law. Venue for any dispute related to the Company, its assets, or this Company Agreement shall be in Collin County, Texas.