Terms and Conditions

General
Welcome to the TGUC Financial Inc. (“TGUC Financial,” “we,” “us” or “our”) website (the “Site”). The following are the rules and terms (“Agreement”) that govern your (“Your”, “User”, or “You”) use of this Site and any use you make of this Site. TGUC Financial reserves the right to modify these terms of use at any time, effective immediately upon reposting of the revised terms on this Site. By your continued use of the Site, you hereby agree to comply with all of the terms and conditions contained within the Agreement effective at that time. If You do not agree to be bound by the following terms and conditions of the Agreement, do not access or use this Site.

Permitted Use
The Site is available only to individuals who can enter into legally-binding contracts under applicable law. By using this Site, you represent that You are not under the age of eighteen (18), and You further represent You have the capacity to be bound by these terms. If you are using this Site on behalf of a company or other entity, your use of the Site represents your acknowledgment of having the authority to bind such company or entity. By using the Site, you further agree that you are authorized to use and view this Site for your personal non-commercial use and that you will not duplicate, download, publish, modify, or otherwise distribute any material on this Site for any purpose other than for personal use unless authorized in advance and in writing by TGUC Financial. You also agree not to deep-link to any page on this Site for any purpose, unless you have TGUC Financials’ prior written approval, and agree that all of the content and software on this Site is property of TGUC Financial and protected by U.S. and other countries’ laws.

Disclaimer of Warranties and Limitation of Liability
YOUR USE OF THIS SITE IS AT YOUR OWN RISK AND THIS SITE IS PRESENTED “AS IS.” ACCORDINGLY, TGUC FINANCIAL DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO ANY INFORMATION ON THE SITE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL TGUC FINANCIAL NOR ANY OF ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFIT, WHETHER SUCH ACTION ARISES OUT OF CONTRACT, NEGLIGENCE OR TORT, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY INFORMATION ON THIS SITE (INCLUDING ERRORS OR OMISSIONS IN THE CONTENT ON THIS SITE). CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Copyrights
All copyrighted and copyrightable materials on this Site, including, without limitation, the design, text, graphics, pictures, sound files and other files (the “Materials”) are copyrighted and all rights are reserved Copyright ©2021 TGUC Financial. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of TGUC Financial. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial and informational use only; provided that, you may not, without the prior written permission of TGUC Financial (a) copy, publish or post any Materials on any computer network, broadcast or publication, (b) modify the Materials or (c) remove or alter any copyright or other proprietary notices contained in the Materials. Any other trademarks, product names and company names or logos within this Site are the property of their respective owners, and may not be copied, distributed, republished, downloaded, displayed, posted or transmitted without the prior written permission of their respective owners.

Trademarks
TGUC Financial and www.tgucfinancial.com are among the trademarks, service marks or registered trademarks owned or exclusively licensed by TGUC Financial. These marks may not be copied, imitated or used, without the prior written permission of TGUC Financial. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress owned or controlled by TGUC Financial and may not be copied, imitated or used, without the prior written permission of TGUC Financial.

Site Policies, Modification, and Severability
Please review our other policies, such as our privacy statement, posted on this Site. These policies also govern your visit to www.tgucfinancial.com. We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Disputes
By your use of this Site, you agree that any dispute will be governed by the laws of the State of Colorado without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the federal and state courts of the City of Denver.

Links to Other Websites and Services
This Site contains links to third party website information, services, and resources. TGUC Financial does not develop or manage the content found on these sites. Any concerns regarding any such information, service, or resource, or any policy of such site, should be directed to the particular third party.

Communications
You agree that TGUC Financial may send electronic mail to you for the purpose of informing you of upcoming events or other offers, notifying you of significant Site changes, or other purposes we deem appropriate.

CONSENT FOR ELECTRONIC SIGNATURES, RECORDS, AND DISCLOSURES (“E-Consent”)

Please read this information carefully and print a copy and/or retain this information for future reference.

Introduction. You are submitting a request for a loan from us. In order to offer you a loan, we need your consent to use and accept electronic signatures, records, and disclosures (“E-Consent”). This form notifies you of your rights when receiving electronic disclosures, notices, and information. By clicking on the link assenting to our terms, you acknowledge that you received this E-Consent and that you consent to conduct transactions using electronic signatures, electronic disclosures, electronic records, and electronic contract documents (“Disclosures”).

Option for Paper or Non-Electronic Records. You may request any Disclosures in paper copy by contacting us at [email protected]. We will provide paper copies at no charge. We will retain all Disclosures as applicable law requires.

Scope of Consent. This E-Consent applies to all interactions online concerning you and us and includes those interactions engaged in on any mobile device, including phones, smart-phones, and tablets. By exercising this E-Consent, we may process your information and interact during all online interactions with you electronically. We may also send you notices electronically related to our interactions and transactions. Disclosures may be provided online at our website and may be provided by e-mail.

Consenting to Do Business Electronically. Before you decide to do business electronically with us, you should consider whether you have the required hardware and software capabilities described below.

Hardware and Software Requirements. To access and retain Disclosures, you must have:

  • A computer or mobile device with Internet or mobile connectivity.
  • For website-based Disclosures, a current web browser that includes 128-bit encryption. Minimum recommended browser standards are Microsoft Internet Explorer version 8.0 and above (see www.microsoft.com/ie for current version), Mozilla Firefox current version (see www.mozilla.com for current version), Apple Safari current version (see www.apple.com/safari for current version), or Chrome current version (see www.google.com/chrome for current version). The browser must have cookies enabled.
  • Access to the email address used to create an account for TGUC Financial.
  • Sufficient storage space to save Disclosures and/or a printer to print them.

If you use a spam filter or similar software that blocks or re-routes emails from untrusted senders, we recommend that you add TGUC Financial to your email address book to ensure you receive Disclosures by email.

Withdrawing Consent. If You do not agree to receive required information and disclosures electronically, or do not agree to use electronic signatures in connection with your transactions with us, you should not agree to the terms of this Agreement. If You do not consent to receiving the required information and disclosures electronically, or do not consent to the use of electronic signatures in connection with your transactions with us, we will not be able to proceed with the acceptance and processing of your transaction.  You may withdraw this E-Consent by contacting us at [email protected]. However, if you withdraw this E-Consent before receiving credit, you may be prevented from obtaining credit from us. If you decide to withdraw this E-Consent, the legal effectiveness, validity, and enforceability of prior electronic Disclosures will not be affected.

Change to Your Contact Information. You should keep us informed of any change in your electronic address or mailing address. You may update such information by emailing us at [email protected], logging into our website or by sending us a written update by mail at 333 W. Hampden Ave., Suite 420C, Englewood, CO 80110.

YOUR ABILITY TO ACCESS DISCLOSURES. BY CLICKING THE LINK, YOU ACKNOWLEDGE THAT YOU CAN ACCESS THE DISCLOSURES IN THE DESIGNATED FORMATS DESCRIBED ABOVE.

CONSENT. BY CLICKING THE LINK, YOU ASSENT TO THE TERMS. YOU ACKNOWLEDGE YOU HAVE READ THIS INFORMATION ABOUT ELECTRONIC SIGNATURES, RECORDS, DISCLOSURES, AND DOING BUSINESS ELECTRONICALLY. YOU CONSENT TO USING ELECTRONIC SIGNATURES, HAVING ALL DISCLOSURES PROVIDED OR MADE AVAILABLE TO YOU IN ELECTRONIC FORM AND TO DOING BUSINESS WITH US ELECTRONICALLY. YOU ACKNOWLEDGE THAT YOU MAY REQUEST A PAPER COPY OF THE ELECTRONIC RECORDS AND DISCLOSURES, WHICH WILL BE PROVIDED TO YOU AT NO CHARGE. IF YOU REFRAIN FROM PROCEEDING THEN YOU NEITHER WISH TO USE ELECTRONIC SIGNATURES NOR CONDUCT THIS TRANSACTION ELECTRONICALLY. YOU ALSO ACKNOWLEDGE THAT YOUR CONSENT TO ELECTRONIC DISCLOSURES IS REQUIRED TO RECEIVE SERVICES FROM US OVER THE INTERNET.

FAIR CREDIT REPORTING ACT – CONSUMER REPORT 

By submitting your information to tgucfinancial.com you acknowledge, agree, authorize, and are providing your express written consent to the following: (a) for tgucfinancial.com and its lenders and/or lending partners to obtain consumer and related information about you from one or more consumer reporting agencies (i.e. TransUnion, Experian, and Equifax) to help identify if a lender and/or service provider may be able to offer you a loan; (b) your information may be used to confirm the information you’ve provided (i.e. to verify your identity); (c) your information may be used by lenders and/or lending partners to make prequalification and other credit decisions (however, tgucfinancial.com will not share your consumer-related information (i.e. credit score with any third parties). The “soft pull” of your credit score that tgucfinancial.com may initiate will not affect your credit score. Credit inquiries by selected lenders and affiliates may impact your credit score.”

CONSENT TO CONTACT BY TELEPHONE

By using the Site and providing us with your telephone number(s), you are consenting to be contacted by TGUC Financial or its affiliates or partners  by telephone (including on a recorded line), automated calling, automated telephone dialing system calling, automated system calling, artificial voice or pre-recorded calling, text message, SMS and/or MMS message, fax, or other telephonic or electronic means for marketing, solicitation, informational or another purposes, even if your  telephone number(s) is registered on the National Do Not Call List, a state Do not Call List, or the internal Do Not Call List of Company or its affiliates or partners. You may be required to respond to an initial call or message as instructed to complete your registration and confirm enrollment to receive such calls, texts or other telephonic communications. You do not have to consent to receive calls or text messages from TGUC Financial or its affiliates or partners for marketing or solicitation purposes to purchase TGUC Financials’ products or services. In the event you no longer wish to receive such calls, text messages or other telephonic communications, you agree to notify TGUC Financial or its affiliates or partners, as applicable, directly. In the event you change or deactivate your telephone number, you agree to promptly update your information to ensure that your messages are not sent to a person that acquires your old telephone number. 

There is no additional charge for telephonic communications, but your carrier’s standard message and data rates apply to any calls, text messages, SMS or MMS messages you send or receive. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. We are not liable for any delays in the receipt of, or any failures to receive, any calls, text messages, SMS or MMS messages, as delivery is subject to effective transmission by your mobile carrier and compatibility of your mobile device. Please contact your mobile carrier if you have any questions regarding these issues or your mobile data and messaging plan.

By reply to any text, SMS or MMS message you receive from us, you may text “STOP” to cancel or “HELP” for customer support information. If you choose to cancel text, SMS or MMS messages from us, you agree to receive a final message from us confirming your cancellation.

Rev. July 2023