Top Mortgage, LLC
Effective Date: May 5, 2026
1. Acceptance of These Terms
These Terms of Service (the "Terms") govern your access to and use of the website located at topmortgagecompany.com and any related online services (collectively, the "Site") operated by Top Mortgage, LLC ("Top Mortgage," "we," "us," or "our"). By accessing or using the Site, submitting an inquiry, requesting a quote, opting in to receive text messages, or otherwise interacting with our Site, you ("you" or "User") agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Site.
2. About Top Mortgage and Our Services
Top Mortgage, LLC is an Equal Housing Lender and a Michigan Residential Mortgage Licensee. We provide informational content, mortgage rate information, and the ability to submit inquiries and applications for residential mortgage loan products. The Site is informational in nature; nothing on the Site constitutes a loan commitment, an offer to lend, or financial, legal, or tax advice.
Mortgage products, rates, terms, and availability are subject to change without notice and to applicable underwriting requirements. Not all applicants will qualify, and we may originate loans only in states in which we are properly licensed.
Additional disclosures, including rate assumptions, ECOA compliance information, testimonial disclosures, and refinance disclosures, are set forth on our Privacy Policy and Disclosures page and are incorporated by reference into these Terms.
3. Eligibility
You may use the Site only if you are at least 18 years old, have the legal capacity to enter into a binding contract, are not barred from using the Site under applicable law, and are accessing the Site from a jurisdiction in which such use is lawful. By using the Site, you represent and warrant that you meet these requirements.
4. No Loan Commitment; Information Only
Rates, fees, payment estimates, and other figures shown on the Site are illustrative and based on assumptions disclosed on the Site. They do not constitute a commitment to lend, a pre-approval, or a guarantee of any specific terms. Any actual loan offer will be set forth in a written, signed agreement following a complete application, underwriting review, and verification of borrower information and collateral. You should not rely on Site content as a substitute for advice from a qualified mortgage, financial, legal, or tax professional.
5. Acceptable Use
You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to:
- Submit false, inaccurate, misleading, or fraudulent information, including in any application, inquiry, or contact form.
- Use the Site to impersonate any person or entity, or misrepresent your affiliation with any person or entity.
- Access, scrape, harvest, or collect data from the Site by automated means, including bots, crawlers, or screen-scrapers, except as expressly permitted in writing.
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of any portion of the Site.
- Interfere with, disrupt, overload, or attempt to gain unauthorized access to the Site, our servers, or any connected networks or systems.
- Use the Site to transmit any virus, worm, malware, or other harmful code.
- Use the Site for any commercial solicitation, lead-generation activity, or aggregation of data, except with our prior written consent.
- Violate any applicable federal, state, or local law or regulation, including consumer protection, fair lending, anti-discrimination, telemarketing, and privacy laws.
6. SMS Messaging Program
If you provide your mobile telephone number and affirmatively opt in by checking the applicable consent box on our Site, you consent to receive text messages from Top Mortgage, LLC at the mobile number provided. The following terms apply to our SMS program.
6.1 Program Description
We operate two separate SMS message categories, each requiring its own opt-in: Transactional Messages: account alerts, application status updates, document requests, appointment confirmations, identity verification codes, and similar non-promotional notifications related to a loan inquiry or application; and Marketing and Promotional Messages: rate updates, product information, refinance opportunities, and similar promotional content. Consent to marketing messages is never a condition of obtaining any service or applying for any loan.
6.2 Message Frequency
Message frequency varies based on your interactions with us and the category of messages to which you have consented.
6.3 Cost
Message and data rates may apply depending on your wireless carrier and plan. We do not charge for messages, but your carrier may.
6.4 Help and Opt-Out
For help, reply HELP to any message or contact us using the information in the Contact section. To opt out at any time, reply STOP to any message from the program you wish to leave. After you send STOP, we will send a confirmation message and will not send further messages from that program. You may continue to receive messages from any other program you remain opted into. You may re-subscribe at any time by opting in again on our Site.
6.5 No Sharing of Mobile Information
Mobile information, including your phone number and SMS consent, will not be shared with third parties or affiliates for marketing or promotional purposes. Information sharing is limited to subcontracted service providers (such as our SMS messaging platform) that are necessary to deliver the messages you have requested.
6.6 Carrier and Delivery
Wireless carriers are not liable for delayed or undelivered messages. We are not responsible for messages that fail to deliver due to carrier issues, device problems, incorrect numbers, or factors outside our control.
6.7 Accuracy of Mobile Number
You represent that you are the subscriber or customary user of the mobile number you provide and have the authority to consent to receive messages at that number. You agree to notify us promptly if you change or relinquish your mobile number.
6.8 TCPA and Other Legal Compliance
Our SMS program is intended to comply with the Telephone Consumer Protection Act (TCPA), CAN-SPAM, applicable state telemarketing laws, and CTIA messaging principles. Your consent constitutes "express written consent" under the TCPA where required. Consent to receive marketing text messages is not required as a condition of any purchase, application, or service.
7. Intellectual Property
The Site and all of its content, including text, graphics, logos, icons, images, audio, video, software, and the selection and arrangement of the foregoing, are owned by or licensed to Top Mortgage and are protected by United States and international copyright, trademark, and other intellectual property laws.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and view the Site for your personal, non-commercial use. You may not copy, reproduce, modify, distribute, publish, transmit, sell, license, create derivative works from, or otherwise exploit any portion of the Site without our prior written consent. All rights not expressly granted are reserved.
"Top Mortgage," the Top Mortgage logo, and other marks displayed on the Site are trademarks or service marks of Top Mortgage, LLC. Other names and logos may be the trademarks of their respective owners.
8. User Submissions
When you submit information to us through the Site, including contact forms, applications, supporting documents, reviews, testimonials, or other communications (collectively, "Submissions"), you represent and warrant that the Submissions are truthful, accurate, complete, and not misleading; that you have the right to submit them; and that the Submissions do not violate any law or third-party right.
Except for personal information governed by our Privacy Policy, you grant Top Mortgage a non-exclusive, royalty-free, perpetual, worldwide license to use, reproduce, and display Submissions for the purposes of operating our business, processing your inquiry or application, providing services to you, and complying with applicable law.
9. Third-Party Links and Services
The Site may contain links to third-party websites, applications, or services that are not owned or controlled by Top Mortgage, including links to government resources, rate aggregators, and service providers. We provide these links for convenience only and do not endorse, control, or assume responsibility for any third-party content, products, or services. Your interactions with any third party are solely between you and that third party and may be subject to that third party's terms and privacy practices.
10. Privacy
Your use of the Site is also governed by our Privacy Policy, which is incorporated by reference into these Terms. As a financial institution, we are also subject to the Gramm-Leach-Bliley Act (GLBA), and we provide a separate financial privacy notice as required by applicable law.
11. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, AND SERVICES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TOP MORTGAGE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
Without limiting the foregoing, we do not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components; that information on the Site is accurate, complete, current, or reliable; or that any product, rate, term, or service described on the Site will be available to you. Rate quotes, calculators, and similar tools are estimates only.
Nothing on the Site constitutes financial, legal, tax, accounting, or investment advice. You should consult qualified professionals before making decisions based on information from the Site.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL TOP MORTGAGE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, STATUTE, OR OTHERWISE) AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN THOSE JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
13. Indemnification
You agree to defend, indemnify, and hold harmless Top Mortgage and its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Site; (b) your Submissions; (c) your violation of these Terms; or (d) your violation of any law or third-party right. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense.
14. Governing Law and Dispute Resolution
These Terms and any dispute arising out of or related to these Terms or your use of the Site are governed by the laws of the State of Michigan, without regard to its conflict-of-laws principles. The state and federal courts located in Wayne County, Michigan, will have exclusive jurisdiction over any dispute, and you consent to personal jurisdiction and venue in those courts.
15. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will update the "Effective Date" above and may provide additional notice (such as a notice on the Site or, where appropriate, by email or text message). Your continued use of the Site after the updated Terms become effective constitutes your acceptance of the changes. If you do not agree with the updated Terms, you must stop using the Site.
16. Termination
We may suspend or terminate your access to the Site at any time, with or without notice and with or without cause, including if we believe you have violated these Terms. Upon termination, the provisions of these Terms that by their nature should survive, including ownership, disclaimers, limitation of liability, indemnification, and dispute resolution, will continue to apply.
17. Severability and Entire Agreement
If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver of our right to enforce it later.
These Terms, together with the Privacy Policy and any other policies or disclosures referenced on the Site, constitute the entire agreement between you and Top Mortgage with respect to the Site and supersede all prior or contemporaneous understandings.
18. Assignment
You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms at any time without notice. These Terms are binding on and inure to the benefit of the parties and their permitted successors and assigns.
19. Contact Us
If you have questions about these Terms or the Site, please contact us:
Top Mortgage, LLC
23656 Park St, Dearborn, Michigan 48124