Legal Agreement

Terms of Service

Please read these Terms of Service carefully before using Prime Direct Capital's services. By accessing or using our services, you agree to be bound by these terms.

Last Updated
December 2024

Service Agreement

Understanding your rights and responsibilities

Acceptance of Terms

By accessing Prime Direct Capital's website or services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all applicable laws and regulations.

Legal Protection

These terms establish a legal agreement between you and Prime Direct Capital, protecting both parties' rights and defining service expectations and limitations.

1. Description of Services

Prime Direct Capital ("Company," "we," "us," or "our") provides commercial and residential lending services, including but not limited to:

  • Hard money loans for real estate investments
  • DSCR (Debt Service Coverage Ratio) mortgages
  • Fix and flip financing
  • Home purchase loans
  • Refinancing services
  • Business funding solutions
  • Rate quotes and loan consultations

All lending services are subject to underwriting approval, creditworthiness evaluation, and compliance with federal and state lending regulations. We reserve the right to modify, suspend, or discontinue any service at our discretion.

2. Eligibility Requirements

To use our services, you must:

Legal Requirements

  • Be at least 18 years of age
  • Have legal capacity to enter into contracts
  • Provide accurate and complete information
  • Be a U.S. citizen or legal resident

Financial Requirements

  • Meet minimum income requirements
  • Satisfy credit score thresholds
  • Provide required documentation
  • Meet debt-to-income ratios

We reserve the right to verify your eligibility at any time and may request additional documentation or information to confirm your qualifications for our services.

3. User Responsibilities

As a user of our services, you agree to:

Information Accuracy

  • Provide true, accurate, and complete information
  • Update information promptly when changes occur
  • Not misrepresent your financial situation
  • Submit only genuine supporting documents

Compliance

  • Comply with all applicable federal and state laws
  • Meet all loan obligations and payment terms
  • Maintain property insurance as required
  • Pay all taxes and fees associated with your loan

Prohibited Activities

  • Using services for illegal activities
  • Attempting to defraud or deceive the company
  • Violating any laws or regulations
  • Interfering with our website or systems

Communication

  • Respond promptly to requests for information
  • Maintain current contact information
  • Notify us of any changes in circumstances
  • Communicate professionally with our team

4. Loan Terms and Conditions

Important Notice:

All loan terms, including interest rates, fees, and repayment schedules, are subject to underwriting approval and may vary based on creditworthiness, loan-to-value ratios, and property characteristics.

Interest Rates

Competitive rates based on current market conditions and borrower qualifications

Repayment Terms

Flexible terms ranging from 6 months to 30 years depending on loan type

Fees & Costs

Transparent fee structure disclosed in loan estimates and closing documents

Specific loan terms will be detailed in your loan agreement, promissory note, and other closing documents. All borrowers will receive required federal disclosures including Truth in Lending Act (TILA) disclosures and Loan Estimates.

5. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms of Service by reference.

Data Security

  • Bank-level encryption for all data transmission
  • Secure storage of personal and financial information
  • Regular security audits and updates
  • Limited access to authorized personnel only

Information Sharing

  • Sharing with lenders for loan processing
  • Credit reporting as required by law
  • Third-party service providers (title, appraisal)
  • Regulatory compliance and legal requirements

Your Rights:

You have the right to access, correct, or request deletion of your personal information, subject to legal and regulatory requirements. Contact us at [email protected] for privacy-related requests.

6. Disclaimers and Limitations

Important Disclaimer:

Prime Direct Capital provides lending services subject to credit approval and underwriting guidelines. Rate quotes are estimates and not guarantees of final loan terms.

Service Limitations

  • No guarantee of loan approval
  • Rates subject to market changes
  • Underwriting may require additional documentation
  • Property restrictions may apply
  • Services may not be available in all states

Liability Limitations

  • No liability for indirect or consequential damages
  • Maximum liability limited to fees paid
  • No responsibility for third-party services
  • Website availability not guaranteed
  • Information accuracy subject to verification

"AS IS" Service Provision

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

7. Indemnification

You agree to indemnify, defend, and hold harmless Prime Direct Capital, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees arising from:

Your Actions

  • Your use or misuse of our services
  • Your violation of these Terms of Service
  • Your violation of any law or regulation
  • Your infringement of third-party rights

Information Provided

  • Inaccurate or false information provided
  • Fraudulent documentation or statements
  • Misrepresentation of financial status
  • Unauthorized use of third-party information

Legal Defense:

This indemnification includes reasonable attorneys' fees and costs. Prime Direct Capital reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.

8. Governing Law and Dispute Resolution

Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of law provisions.

Any legal action or proceeding shall be brought exclusively in the federal or state courts located in [County], [State].

Dispute Resolution

Before initiating any legal proceeding, parties agree to attempt resolution through:

  • Direct negotiation
  • Mediation if negotiation fails
  • Binding arbitration if required

Class Action Waiver:

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. Both parties waive the right to trial by jury.

9. Termination and Modifications

Termination Rights

Either party may terminate this agreement at any time with or without cause. Prime Direct Capital reserves the right to:

  • Suspend or terminate services immediately
  • Refuse service to any applicant
  • Cancel pending applications
  • Block access to website or services

Terms Modifications

We reserve the right to modify these Terms of Service at any time. Changes will be effective:

  • Upon posting on our website
  • After 30 days written notice for material changes
  • Immediately for legal compliance
  • With your continued use constituting acceptance

Effect of Termination:

Upon termination, your right to use our services ceases immediately. Existing loan obligations and agreements remain in effect according to their terms. Sections relating to indemnification, limitation of liability, and governing law survive termination.

10. Regulatory Compliance

Prime Direct Capital operates in compliance with all applicable federal and state lending regulations, including:

TILA

Truth in Lending Act

RESPA

Real Estate Settlement Procedures Act

FCRA

Fair Credit Reporting Act

ECOA

Equal Credit Opportunity Act

Equal Housing Opportunity

Prime Direct Capital is committed to fair lending practices and equal housing opportunity. We do not discriminate on the basis of race, color, religion, sex, handicap, familial status, or national origin in our lending practices.

Equal Housing Lender

11. Contact Information

If you have questions about these Terms of Service or need to contact us regarding legal matters, please reach out using the information below:

Legal Department

[email protected]

Phone Support

(555) 123-4567

Mailing Address

123 Business Ave
Suite 100
City, State 12345

Business Hours:

Monday - Friday: 8:00 AM - 6:00 PM EST
Saturday: 9:00 AM - 2:00 PM EST
Sunday: Closed

Agreement Acknowledgment

Ready to Move Forward with Confidence?

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. We're here to help you achieve your financing goals.

Legal Protection

Comprehensive terms protecting both parties' rights and interests

Fair Terms

Transparent, reasonable terms designed for mutual benefit

Regulatory Compliance

Full compliance with federal and state lending regulations

These Terms of Service were last updated in December 2024

Questions? Contact us at [email protected]