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Terms and Conditions for Commercial Equipment Financing

  1. Introduction

    Welcome to TopMark Funding, LLC (“we,” “our,” or “us”). By accessing and using our website, services, and products (collectively, the “Services”), you agree to comply with and be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, you must not use our Services.

  2. Definitions

  • Customer: An individual or entity that applies for financing or services provided by TopMark Funding.
  • Loan: Refers to any form of credit extended to a customer, including but not limited to, equipment loans, leases, and lines of credit.
  • Application: The process by which a customer submits personal and financial information to TopMark Funding for the purpose of obtaining financing.
  • Services: All services provided by TopMark Funding, including equipment financing, leasing, credit applications, and related services.

  1. Eligibility

    You must be at least 18 years old and a U.S. resident to use our services. By submitting an application, you confirm that all the information you provide is accurate, complete, and truthful.

  2. Application Process

    To apply for financing, customers must complete and submit an application, which includes personal and business financial information. By submitting the application, you authorize TopMark Funding to obtain and review your credit report, verify your information, and make credit decisions.

  3. Use of Information

  • Personal Information: All personal and business data provided during the application process will be used to assess your eligibility for financing, process your application, and offer financing options.
  • Third-Party Sharing: We may share your information with third-party service providers as necessary to process your application or provide services, such as credit bureaus, credit agencies, and dealers. We will never sell your information to third parties.
  • Data Security: We implement reasonable security measures to protect your personal information. However, no method of transmission over the internet is 100% secure, and we cannot guarantee absolute security.

  1. Financing Terms

  • Loan Approval: Approval is subject to creditworthiness and other underwriting criteria. The rates and terms offered may vary depending on your financial profile.
  • APR: The annual percentage rate (APR) for financing may vary, starting at 4.99% based on approved credit.
  • Repayment Terms: Repayment terms, including interest rates, loan amounts, and payment schedules, will be outlined in your financing agreement. Late payments may incur fees, and failure to repay may result in a default.

  1. Fees and Charges

  • Late Payment Fees: If a payment is not made by the due date, we may charge a late fee as specified in your financing agreement.
  • Prepayment Penalties: Some financing agreements may include prepayment penalties, as outlined in the specific terms of your agreement.

  1. Responsibilities of the Customer

  • Accuracy of Information: You must provide accurate and complete information during the application process. Any false or misleading information may result in the denial of your application or the termination of your loan.
  • Payment Obligations: You agree to make all payments according to the terms set out in your loan agreement. Failure to make timely payments may result in penalties or legal actions.
  • Collateral: Some loans may require the equipment being financed to be used as collateral. You agree that TopMark Funding may repossess the equipment in the event of default.

  1. Modifications to Terms

    TopMark Funding reserves the right to modify these Terms at any time. Any changes will be posted on our website, and it is your responsibility to review them periodically. Continued use of our Services after any changes to the Terms constitutes your acceptance of those changes.

  2. Termination of Services

    TopMark Funding reserves the right to suspend or terminate access to our Services at any time for any reason, including but not limited to, breach of these Terms or non-compliance with the applicable laws.

  3. Limitation of Liability

    TopMark Funding is not liable for any damages arising out of the use of, or inability to use, the Services, including but not limited to, financial losses, lost profits, or consequential damages. Our total liability is limited to the amount you have paid for the Services.

  4. Governing Law

    These Terms are governed by and construed in accordance with the laws of the state of California, without regard to its conflict of law principles. Any legal action or proceeding under these Terms shall be exclusively conducted in the courts located in California.

  5. Dispute Resolution

    In the event of a dispute, we encourage you to contact us to resolve the issue directly. If a resolution cannot be reached, disputes will be settled through binding arbitration, in accordance with the rules of the American Arbitration Association.

  6. Contact Information

    For any questions regarding these Terms or any other inquiries, please contact us at:

TopMark Funding, LLC
 516 Gibson Drive, Suite 160
 Roseville, CA 95678
 Phone: (866) 627-6644
 Email: info@topmarkfunding.com