Last Updated: January 2024
Welcome to TCF Associates Inc. These Terms and Conditions ("Terms") govern your use of our website and services. By accessing or using our website, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our services.
1. Acceptance of Terms
By accessing and using the TCF Associates Inc website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting.
2. Use of Services
Eligibility
Our services are intended for business entities and individuals authorized to represent such entities. You must be at least 18 years of age and have the legal authority to enter into binding agreements on behalf of your business.
Permitted Use
You agree to use our website and services only for lawful purposes and in accordance with these Terms. You agree not to:
- Provide false or misleading information
- Violate any applicable laws or regulations
- Infringe upon the rights of others
- Attempt to gain unauthorized access to our systems
- Interfere with or disrupt our services
- Use automated systems to access our website without permission
3. Funding Applications and Services
Application Process
Submission of a funding application does not guarantee approval. All applications are subject to our underwriting criteria, verification processes, and credit evaluation. We reserve the right to approve or decline any application at our sole discretion.
Information Accuracy
You agree to provide accurate, current, and complete information in all applications and communications with us. You are responsible for maintaining the accuracy of your information and promptly updating any changes.
Funding Terms
Specific terms for approved funding, including amounts, repayment schedules, fees, and other conditions, will be detailed in separate funding agreements. Those agreements will govern the specific funding relationship and may contain additional terms and conditions.
4. SMS Terms & Conditions
Text Messaging Program Terms:
By providing your phone number and expressly consenting to receive text messages from TCF Associates Inc, you agree to receive recurring marketing and promotional SMS/MMS messages, including offers, updates, and information about our financial products and services, sent using an automated telephone dialing system (ATDS).
Message Frequency
Message frequency varies. You may receive up to 4 messages per month. Actual frequency depends on your interactions with our services and promotional campaigns.
Message and Data Rates
Message and data rates may apply based on your mobile carrier's plan. Standard messaging rates from your carrier will apply to each message sent and received. Check with your carrier for details on your messaging plan.
Opt-Out Instructions
You may opt out of receiving text messages at any time by replying STOP to any message from us. After replying STOP, you will receive one final confirmation message. Once confirmed, you will no longer receive messages from us unless you re-opt-in.
Help Instructions
For assistance with our text messaging program, reply HELP to any message or contact us at tom@tcfassociate.com. You can also visit our website for additional support options.
Consent Not a Condition of Purchase
Important: Consent to receive text messages is NOT a condition of purchase or of using any of our services. You may choose to contact us and use our services through other available methods, including email, our website contact form, or other communication channels.
Supported Carriers
Participating carriers include AT&T, T-Mobile, Verizon Wireless, Sprint, Boost Mobile, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, and others. Carrier coverage and message delivery are not guaranteed. TCF Associates Inc is not liable for delayed or undelivered messages.
Privacy
We respect your privacy. Information collected through our text messaging program is subject to our Privacy Policy. Your mobile number and opt-in consent will not be shared with third parties for their marketing purposes. For full details, please review our Privacy Policy.
5. Intellectual Property
All content on our website, including text, graphics, logos, images, and software, is the property of TCF Associates Inc or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, modify, or distribute any content without our express written permission.
6. Third-Party Links and Services
Our website may contain links to third-party websites or services. These links are provided for your convenience only. We do not endorse or assume responsibility for the content, privacy policies, or practices of third-party sites. Your use of third-party websites is at your own risk.
7. Disclaimers
No Guarantees
While we strive to provide accurate and up-to-date information, we make no representations or warranties about the completeness, accuracy, reliability, or availability of our website or services. Your use of our services is at your own risk.
No Financial Advice
Information on our website is for general informational purposes only and should not be construed as financial, legal, or tax advice. You should consult with qualified professionals before making financial decisions.
Service Availability
We do not guarantee uninterrupted or error-free operation of our website. We may suspend or discontinue services at any time for maintenance, updates, or other reasons without prior notice.
8. Limitation of Liability
To the fullest extent permitted by law, TCF Associates Inc and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our website or services, even if we have been advised of the possibility of such damages.
Our total liability for any claims arising from your use of our services shall not exceed the amount you paid us, if any, in the six months preceding the claim.
9. Indemnification
You agree to indemnify, defend, and hold harmless TCF Associates Inc and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:
- Your use of our services
- Your violation of these Terms
- Your violation of any rights of third parties
- Any false or misleading information you provide
10. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law provisions.
Any disputes arising from these Terms or your use of our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except where prohibited by law. The arbitration shall take place in Madison County, Illinois.
11. Communication Preferences
By providing your contact information, you consent to receive communications from us via email, text message (if you have opted in), phone, or mail regarding your applications, account status, and our services. You may opt out of marketing communications at any time by following the unsubscribe instructions in our messages or by contacting us directly.
12. Modifications to Terms
We reserve the right to modify these Terms at any time. When we make changes, we will update the "Last Updated" date at the top of this page. Material changes will be communicated to you via email or a prominent notice on our website. Your continued use of our services after such modifications constitutes your acceptance of the updated Terms.
13. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.
14. Entire Agreement
These Terms, together with our Privacy Policy and any specific funding agreements you enter into with us, constitute the entire agreement between you and TCF Associates Inc regarding your use of our services and supersede all prior agreements and understandings.
15. Contact Information
If you have any questions about these Terms or our services, please contact us:
TCF Associates Inc
722 BROADWAY
HIGHLAND, IL 62249
Email: tom@tcfassociate.com
Business Hours: Monday - Friday, 9:00 AM - 5:00 PM CST
By using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.