Terms of Use of Website – VGM Financial Services

TCF Equipment Finance (“TCFEF”), a division of TCF National Bank (“TCF Bank”) which, in turn, is a subsidiary of TCF Financial Corporation (“TCF”). VGM Financial Services (“VGMFS”) is a trade name of TCFEF.

This website provides a general description of the products and services offered by VGMFS and includes other general information, including a general guide to policies and procedures, of VGMFS. Except as expressly provided in this website, nothing contained in this website constitutes a contract with you or amends or alters any contract we may have with you. By accessing this website, you agree to these Terms of Use (this “Agreement”). If you do not agree to this Agreement, you should immediately exit this website. We may delete, change, amend, or add to all content of this website, including available information, features, products, services and this Agreement, at any time and without notice to you, unless notice is expressly provided for specific services contained in this website. In addition, the most current version of this Agreement will always be posted on this website. Your access to or use of this website after the date such amended terms are posted shall be deemed to constitute acceptance of such amended terms.

We maintain this website for customers, prospective customers, other users of commercial business equipment, financial brokers and vendors, to obtain information regarding equipment financing programs offered by VGMFS, solely for business and commercial purposes, and to allow users to convey information to VGMFS. The information provided on this website does not constitute advice, an offer to buy or sell, or a solicitation of business. Before acting on any information, you should consider your company’s needs, objectives and financial considerations. Products or services mentioned in this website may or may not be suitable for your company, are available only in the United States and may not be available to all customers in all geographic areas, and your eligibility for particular products or services is subject to approval or acceptance by us.

USE OF THIS WEBSITE IS AT YOUR OWN RISK AND VGMFS MAKES NO REPRESENTATIONS ABOUT THIS WEBSITE, ITS CONTENT OR THE ACCURACY OR COMPLETENESS THEREOF, OR SERVICES PROVIDED BY VGMFS OR ANY THIRD PARTY. TO THE FULLEST EXTENT PERMITTED BY LAW, VGMFS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT OR INFORMATION PROVIDED BY THIS WEBSITE.

Third Party Links

Clicking on certain links within this website will take you into other websites or material not under VGMFS’s control, and VGMFS is not responsible for the contents of any such website or link or any link contained within a link, or any changes or updates to such websites or links. Content owned or provided by third parties may be protected by copyrights of such third parties or others and may be subject to such terms of use and other conditions as may be established from time to time by such third parties. VGMFS is not responsible for web casting or the placement of “cookies” by, or any other form of transmission received from, any linked site. VGMFS provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the link by VGMFS, TCF Bank, TCF or TCFEF. In addition, the operators of those other websites, and not VGMFS, TCF Bank, TCF or TCFEF, control those sites and determine what use will be made of information collected from users.

Third Party Service Providers

Third party service providers referenced on this website or referred by VGMFS do not represent, legally bind or act on behalf of VGMFS, and each such service provider transacts business with you and its other customers independently and on a separate basis from VGMFS.

Trademarks; Intellectual Property Rights

TCF, TCF Bank, TCF Equipment Finance, TCFEF, VGM Financial Services and VGMFS are either trademarks or registered trademarks of TCF. All intellectual property rights associated with this website and its contents are the sole property of VGMFS, TCF or TCF Bank, TCFEF, or third parties, and protected by copyright, trademark and other laws in the United States and/or other countries. Except as expressly authorized in writing by VGMFS, you will not copy, reproduce, use, transmit, modify, loan, sell or distribute any of the contents of this website.

Restrictions on Use; Indemnity

You will not upload or add information to or use this website in a way that affects this website’s performance, usability, function or accessibility to authorized parties. You agree to indemnify and hold harmless VGMFS, TCFEF, TCF, TCF Bank, and their respective officers, directors, employees and affiliates, from and against any and all claims, losses, expenses, damages or demands incurred by any such indemnity in connection with any claim by a third party arising out of your communications with this website (including uploads or postings hereto) or your use of this website.

Jurisdiction and Governing Law

VGMFS operates and controls this website from its offices in Iowa, USA, and this Agreement is made in the State of Iowa. This Agreement and, except as otherwise expressly provided in this website, your access to and use of our website are governed by and will be construed in accordance with applicable federal law and the law of the State of Iowa, without regard to the principles of conflicts of laws. All actions, claims or disputes arising under or relating to this Agreement or this website shall be brought in the federal or state courts in the State of Iowa. You and we irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over each party by the federal and/or state courts in the State of Iowa. You and we hereby irrevocably waive any and all objections which any party may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in the State of Iowa and to the venue of any such suit, action or proceeding brought in any such federal or state court in the State of Iowa.

Severability; Non-Waiver

If any provision of this Agreement is determined to be unenforceable or invalid, such determination shall not affect the validity or enforceability of the remaining provisions. Failure by VGMFS to enforce any provision of this Agreement shall not be construed as a waiver thereof.