TERMS OF USE

Terms of Use

This is a legal agreement between you and Tall Greens Investments – Michigan Fund a Delaware corporation (“TGI-MI”), which may be contacted at info@www.tallgreenz.com. By accessing this website, and any sub-sites of this website (together the “Site”), and/or using any of the Services (as defined below) accessible through the Site, you become a user and agree to, and are bound by, the terms and conditions of this agreement and the TGA Privacy Policy (collectively, “Terms”) for as long as you continue to use the Site or Services. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, DO NOT USE THE SITE OR THE SERVICES. Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in the Terms or will be presented to you for your acceptance when you sign up to use such Services or purchase such products.

TGI-MI matches qualified small business owners with active banks, credit unions, and other lending sources. Through a proprietary matching technology, TGI-MI helps business owners to identify the business loan category and specific lender(s) that offer the best opportunity for that business owner to prepare for and acquire a business loan. Once prepared, small business owners are then introduced to the most appropriate lending source via our proprietary technology.

Changes to these Terms

Please check these Terms periodically for changes because we reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.  Please see the beginning of the Terms to determine when the Terms were last revised.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks (whether registered or not), logos, sounds, artwork of any kind, and computer code (collectively, “Content”), including but not limited to the design, structure, coordination, selection, appearance, and arrangement of the Content, contained on the Site is owned by TGI-MIand is protected by trade dress, copyright, trademark, and other property laws and unfair competition laws.  Any misuse of the Content will be at your peril and TGI-MI will do all that is lawful to enforce and protect the Content.  

1. Defined Terms.

As used in these Terms, the following words shall have the following meanings. “TGI-MI” includes “TGI-MI Fund”, “TGI”, “we”, “us” and variations such as “our”. “Service” includes the products, services and software that you order, receive or access as part of the TGI-MI service.

2. Use of Site and Service

As a user of the Site or a user registered to use any of the Services (a “Registered User”), you agree to the following:

A. Exclusive Use. Your account is to be used only by you and only for your business needs. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that TGI-MI is not responsible for third-party access to your account that results from theft or misappropriation of your username and passwords.

B. Information Submitted. You are solely responsible for, and assume all liability regarding (i) the information and content you provide through your use of the Site and any Services, (ii) the information and content you make available in any manner through the service, and (iii) your interaction with any and all third-parties. Any attempt to enter information to create a duplicate account will be rejected and your account will be put on hold.

C. Risk Assumption and Precautions. You assume all risk when using the Services, including but not limited to all of the risks associated with any interactions with third-parties, including but not limited to any lenders to which you are matched, referred or provided.

D. No Guarantees. TGI-MI may not be able to provide matches for every Registered User seeking to use its services. Further, TGI-MI makes no guarantees as to the number of matches or the ability to obtain business funding.

E. No False Information. You agree to provide accurate, true, current and complete information.

F. Legal Purpose. You agree to not use the Site or Services for any illegal purpose. You will only use the Site or Service in accordance with federal, state and local laws.

G. Business Purpose. You agree to only use the Site or Services for a bona fide business purpose. You agree not to use the Site or Services for personal, family or household purposes. You may not use the Site or Services to obtain information about or make decisions about anyone but yourself and/or your business.

3. Proprietary Rights

A. Ownership of Proprietary Information. You hereby acknowledge and agree that TGI-MI is the owner of all rights in and to the Site and Services. Federal, state, and local laws and regulations protect these proprietary rights. You are permitted to use the Site and Services only as expressly authorized by these Terms. You may not copy, reproduce, distribute or create derivative works, reverse engineer or reverse compile any of the Site or Services or technology.

B. No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) confidential information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Site or Services, without first obtaining the prior written consent of the owner of such proprietary rights.

C. License to Provided Content. By providing information or content to any account or public area of the Site or Service, you automatically grant, and you represent and warrant that you have the right to grant, to TGI-MI and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test or implement new features or services on the Site in which you may voluntarily choose to participate, in accordance with the additional terms and conditions of such features or programs. By your voluntary participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or services.

4. User Information

A. Privacy Policy. For information about the collection and possible use of information and material provided by you, please visit TGI-MI’s Privacy Policy located on the Site. By using the Site or the Services, you are consenting to the terms of TGI-MI’s Privacy Policy.

B. Disclosure by Law. You acknowledge and agree that TGI-MI may disclose information you provide if required to do so by law, at the request of a third-party, or if we, in our sole discretion, believe that disclosure is reasonable to (i) comply with the law, requests or orders from law enforcement, or any legal process (whether or nor such disclosure is required by applicable law); or (ii) protect or defend TGI-MI’s, or a third-party’s, rights or property.

C. Information Security.  We work hard to protect TGI-MI and our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. In particular:

  • We encrypt many of our services using SSL.
  • We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems.
  • We restrict access to personal information to TGI-MI employees, contractors and agents who need to know that information in order to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.

D. Use of Anonymous Information for Research. By using the Site and/or Services, you agree to allow TGI-MI to anonymously use the information from you and your experiences through the Services to continue TGI-MI’s research into successful business practices and to improve the Services.

E. License Regarding Your Content.  You retain all ownership interest in and to the content you provide to the Site or as part of your use of the Services.  However, by submitting your content, including your personal and business information, you hereby grant to TGI-MI a perpetual, non-exclusive, irrevocable, royalty-free license to: reproduce, adapt, edit, modify, translate, publish, transfer, and/or distribute any of your content.  This license specifically includes the right for TGI-MI to make such content available to other trusted companies, organizations, and/or individuals with whom TGI-MI has a business relationship in order to carry out the performance of the Services.  As part of its performance of the Services, TGI-MI may (i) transmit or distribute your information over various public networks and in various forms; and (ii) make necessary changes to your content in order to perform its obligations.

5. Services

TGI-MI offers a free subscription service to assist you with your business needs.  As explained above, TGI-MI matches you with various potential lenders and loan products to meet your business needs.  As part of the Services, we request and you provide various items of information to be used in order to provide the best match for your business needs from among our partners.

6. Links to Third-Party Websites and Dealings with Advertisers and Sponsors

The Site and Services may contain links to websites of third-parties, including without limitation, advertisers, which are not under the control of TGI-MI, and TGI-MI is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such websites. TGI-MI provides these links to you as a convenience, and the inclusion of any link does not imply that TGI-MI endorses or accepts any responsibility for the content on such third-party website. Content You Provide. You are licensing to TGI-MI and its service providers (“Service Provider”), any information, data, passwords, materials or other content (collectively, “Content”) you provide through or to the Services for the purpose of enabling TGI-MI and the Service Provider to provide you the Services. During the term of this Agreement, TGI-MI and the Service Provider may use, modify, display, distribute and create new material using such Content to provide the Services to you. By submitting Content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without payment of any fees, TGI-MI and the Service Provider may use the Content for the purposes set out above. You agree that TGI-MI will not be responsible or liable for any loss or damage of any sort incurred as the result of the presence of such advertisers on the Site or Services. Please visit our Privacy Policy to learn more about how we use your information.

By using the Services, you authorize TGI-MI and the Service Provider to access third-party sites designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant TGI-MI and the Service Provider a limited power of attorney, and you hereby appoint TGI-MI and the Service Provider as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third- party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN TGA OR THE SERVICE PROVIDER ACCESSES AND RETRIEVES INFORMATION FROM THIRD-PARTY SITES, TGA AND SERVICE PROVIDER ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third- party account providers shall be entitled to reply on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the Services are not endorsed or sponsored by any third-party account providers accessible through the Services. You acknowledge that through the use of the Services, TGI-MI shall have access to your account credentials, including but not limited to login username and passwords.

7. Disclaimer of Warranty

A. No Warranties. YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TGA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. TGA MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE. IN NO EVENT SHALL TGA, ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. TGA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TGA WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TGA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

B. Third-Party Content. Opinions, advice, statements, offers, or other information or content made available through the Site or Services, but not directly by TGI-MI, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. TGA DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN TGA. UNDER NO CIRCUMSTANCES WILL TGA BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR SERVICES, OR TRANSMITTED TO OR BY ANY USERS.

C. Beta Features. From time to time, TGI-MI may offer new “beta” features or tools with which its users may experiment on the Site or Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at TGI-MI’s sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.

8. Limitation of Liability

A. Incidental Damages and Aggregate Liability. IN NO EVENT WILL TGA BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF TGA KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL TGA’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS TERMS OR THE USE OF THE SERVICES OR SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT OR SUBSCRIPTION, OR, IF YOU HAVE NOT PAID TGA FOR THE USE OF ANY SERVICES, THE AMOUNT OF US$25.00 OR ITS EQUIVALENT.

B. No Liability for non-TGI-MI Actions. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL TGA BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES.

C. Information Verification. TGI-MI and its contractors may use various methods of verifying information that users have provided. However, none of those ways are perfect, and you agree that TGI-MI and its contractors will have no liability to you arising from any incorrectly verified information.

9. Indemnification

You agree to indemnify, defend and hold harmless TGI-MI, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of (i) your use of or inability to use the Site or Services, (ii) any user postings made by you, (iii) your violation of any terms of these Terms or your violation of any rights of a third-party, or (iv) your violation of any applicable laws, rules or regulations. TGI-MI reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with TGI-MI in asserting any available defenses.

10. Communication and Privacy

We may use your email address to send you messages notifying you of important changes to the Services or special offers. Further, we may contact you by telephone if you voluntarily provide us with your telephone number, in order to communicate with you regarding the Services. If you do not want to receive such email messages or telephone calls, please refer to our Privacy Policy to review your options.

11. Term and Termination

This agreement will become effective upon your acceptance of the Terms by your use of the Site or Services and will remain in effect in perpetuity unless terminated hereunder. Either you or TGI-MI may terminate your account at any time, for any reason or no reason, without explanation, effective upon written notice to the other party. TGI-MI reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. In the event your access to any of the Services is suspended due to the breach of this Terms, you agree that all fees then paid to TGI-MI by you will be nonrefundable and all outstanding or pending payments will immediately be due. You may terminate your account by following the steps in the applicable section under “Cancellations” below.

12. Cancellations

Cancellation At Any Time. The cancellation procedures in this section do not apply to any lender that has entered into a Lead Purchase Agreement with TGI-MI.  The terms of cancellation for lenders will be contained in the Lead Purchase Agreement.

The following only applies to potential borrowers.  Except as otherwise stated in this section, you may cancel your registration or subscription to any Service at any time during the term of such registration or subscription or any renewal period by accessing the “Account Settings” page on your membership home page, clicking on ”Subscriptions” and clicking on “Cancel This Subscription,” and providing the information requested.

13. Specific Terms Controlling Other Services and Products

TGI-MI provides other services and products besides the Services.  Additional terms for such other services and/or products will be presented to you prior to your acceptance of such terms and prior to your use of the services and/or products.

14. General Provisions

A. Controlling Law and Jurisdiction. You agree that Michigan law (without giving effect to its conflicts of law principles) will govern these Terms, the Site and the Services and that any dispute arising out of or relating to these Terms, the Site or the Services will be subject to the exclusive jurisdiction and venue of the federal and state courts in Wayne County, Michigan. You acknowledge and agree that any violation of these Terms may cause TGI-MI irreparable harm, and therefore agree that TGI-MI will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that TGI-MI may have for a breach of these Terms.

B. Miscellaneous. These Terms, which you accept upon registration for the Services, the Privacy Policy located on the Site, and any applicable payment, renewal, additional services terms, comprise the entire agreement between you and TGI-MI regarding the use of this Service, superseding any prior agreements between you and TGI-MI related to your use of this Site or Services (including, but not limited to, any prior versions of this Terms). The FAQ’s found on the Services are for informational purposes only and are not deemed to be part of this Terms. Unless otherwise explicitly stated, the Terms will survive termination of your registration to the Service. The failure of TGI-MI to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is held invalid, the remainder of the Terms will continue in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.

C. Securities Statements. WE MAKE NO REPRESENTATIONS, WARRANTIES OR OTHER GUARANTEES OF ANY KIND AS TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRICE QUOTES, NOR DO WE MAKE ANY REPRESENTATIONS, WARRANTIES OR OTHER GUARANTEES OF ANY KIND AS TO THE PRESENT OR FUTURE VALUE OR SUITABILITY OF ANY SALE, TRADE OR OTHER TRANSACTION INVOLVING ANY PARTICULAR SECURITY OR ANY OTHER INVESTMENT OF ANY KIND. You understand that we are not a broker or dealer in securities, and not an investment or financial advisor. You are solely responsible for your investment research. Prior to undertaking any securities transaction, you should consult a broker or other financial advisor with respect to the price, suitability, value or other aspects of any stock, mutual fund, security or other investment.

15. Website  Access

Tall Greens Investments – Michigan Fund LLC hereby grants you permission to use the Website as set forth in this Terms of Use, provided that: (i) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose and/or in a manner allowed by TGI-MI; and (ii) you will otherwise comply with the terms and conditions of these Terms of Service. B. In order to access some features of the Website, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You accept sole responsibility for keeping your password secure. You must notify TGI-MI immediately of any breach of security or unauthorized use of your account. Although TGI-MI will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of TGI-MI or others due to such unauthorized use.

16. Fees & Payment

Some of the services offered on the Website may require the payment of fees, interest and other amounts (“Charged Services”). These services are subject to separate agreements into which you must enter prior to participating in such service. If you elect to sign up for Charged Services, you shall pay all applicable amounts, as described on the Website in connection with such Charged Services selected by you. TGI-MI reserves the right to change its prices and at any time, subject to applicable law. You authorize TGI-MI directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information as provided while signing up for such Charged Services. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay for any such taxes that might be applicable to your use of the Services and payments made by you to TGI-MI. Other amounts and the terms for payment of those amounts are described of specific application pages as you progress through your application (and from time to time thereafter).

17. Intellectual Property Rights

The content on the Website (the “Content”) and the Services are subject to copyright and other intellectual property rights under local and international laws conventions. To the best of its knowledge, TGI-MI uses only Content that it owns or is otherwise allowed and permitted for use by the owner/s of the copyrights and other intellectual property rights therein. Content on the Website is provided to you AS IS only and it may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. TGI-MI reserves all rights not expressly granted in and to the Website, Services and the Content. You agree to not engage in the use, copying, or distribution of any of the Content or Services other than expressly permitted herein for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use of Services or copying of any Content or enforce limitations on use of the Website or any of the Services or Content therein.

18. Events Beyond Control

Under no circumstances shall TGI-MI be held liable for any delay or failure in this Website and/or any of the Services and/or information on the Website directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of TGI-MI, including, without limitation, Internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. The provisions of this paragraph are in addition to, and not intended to limit or modify, the limitation of Limitation of Liability section as stipulated above.