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Terms & Conditions

Last Updated: August 21, 2026

Table of Contents

  1. Acceptance of Terms
  2. Use of Our Website & Services
  3. SMS Terms & Conditions
  4. Application & Funding
  5. Intellectual Property
  6. Disclaimers & Limitations of Liability
  7. Indemnification
  8. Governing Law
  9. Modifications to Terms
  10. Contact Information

These Terms & Conditions (“Terms”) govern your access to and use of the website located at avalocapital.com and the services offered by Avalo Capital, a DBA of Top Shelf Markets Limited (“Company,” “we,” “us,” or “our”), a business lender. Please read these Terms carefully before using our website or submitting an application.

01

Acceptance of Terms

By accessing our website, submitting an application, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms, please do not use our website or submit any applications. These Terms apply to all visitors, applicants, and clients of Avalo Capital.

02

Use of Our Website & Services

You agree to use our website and services only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use our website in any way that violates applicable federal, state, or local laws or regulations
  • Submit false, misleading, or fraudulent information in any application or form
  • Attempt to gain unauthorized access to any portion of our website or systems
  • Interfere with or disrupt the operation of our website
  • Collect or harvest any personally identifiable information from our website
  • Use automated tools to access or scrape our website without our written permission

We reserve the right to terminate your access to our website and services at any time for any violation of these Terms.

03

SMS Terms & Conditions

The following terms govern the SMS text messaging programs operated by Avalo Capital. By providing your mobile phone number and opting in to receive SMS communications, you agree to these SMS Terms.

Avalo Capital operates two separate text messaging programs. Each requires its own express written consent, collected separately on our web forms. Consenting to one does not enroll you in the other.

Transactional Program

Program Description: By providing your mobile number and checking the transactional SMS consent box, you consent to receive SMS/MMS messages from Avalo Capital relating to your financing inquiry or application — application status updates, document requests, underwriting questions, appointment confirmations and reminders, and loan servicing notices.

Marketing Program

Program Description: By separately checking the marketing SMS consent box, you consent to receive recurring marketing and promotional SMS/MMS messages from Avalo Capital, including offers, updates, and information about our financial products and services, sent using an automated telephone dialing system (ATDS).

  • Opt-In: To participate in either program, you must provide your mobile number and expressly consent by checking the corresponding SMS consent checkbox on our application or consultation form. Your consent constitutes your agreement to receive recurring SMS/MMS messages from Avalo Capital under that program.
  • Message Frequency: Message frequency varies based on your interactions with us.
  • Message & Data Rates: Message and data rates may apply. Standard carrier rates for text messages apply based on your mobile plan.
  • Opt-Out Instructions: Reply STOP, STOPALL, UNSUBSCRIBE, CANCEL, END or QUIT to any message to opt out at any time. Upon receipt of your request, we will send one final confirmation message and cease all further messages of that type to that number.
  • Help Instructions: Reply HELP or INFO to any of our messages for assistance, or contact us directly at info@avalocapital.com or (929) 559-0807.
  • Consent Not Required: Consent to receive text messages is not a condition of applying for or receiving financing. You may apply for business funding and receive our services without providing SMS consent.
  • Data Privacy: We will not share your mobile number or SMS consent data with third parties for their marketing purposes. See our Privacy Policy for full details.
  • Supported Carriers: Our SMS program is supported by most major US wireless carriers. Carrier availability may vary. We are not responsible for delayed or undelivered messages.
  • Age Requirement: You must be 18 years of age or older to participate in our SMS program.

Important Notice Regarding Data Sharing: No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

For additional questions about our SMS programs, contact us at info@avalocapital.com.

04

Application & Funding

Submitting an application through our website does not constitute a binding agreement or guarantee of funding. All applications are subject to our review, underwriting criteria, and approval process.

You agree to provide accurate, complete, and truthful information in all applications and related documents. Providing false or misleading information may result in immediate rejection of your application, termination of any funding arrangement, and may constitute fraud.

All funding terms, rates, amounts, and conditions are subject to change. Final terms will be set forth in a separate funding agreement executed between Avalo Capital and the applicant. No funding commitment exists until a signed agreement is in place.

  • Avalo Capital reserves the right to decline any application at its sole discretion
  • Approval of one application does not guarantee approval of future applications
  • All funding products are for business purposes only, not personal, family, or household use
  • Applicants must be authorized representatives of the business entity applying
05

Intellectual Property

All content on this website, including but not limited to text, graphics, logos, images, and software, is the property of Avalo Capital or its content suppliers and is protected by applicable intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise use any content from this website without our express written consent. Limited personal, non-commercial use of website content for informational purposes is permitted.

06

Disclaimers & Limitations of Liability

AS-IS BASIS: Our website and services are provided on an “as is” and “as available” basis without any warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

NO FINANCIAL ADVICE: Information on this website is for general informational purposes only and does not constitute financial, legal, or professional advice. You should consult qualified professionals before making any financial decisions.

LIMITATION OF LIABILITY: To the maximum extent permitted by law, Avalo Capital shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our website or services, even if we have been advised of the possibility of such damages.

Our total liability to you for any claim arising from these Terms or our services shall not exceed the amount of any fees paid by you to Avalo Capital in the 12 months preceding the claim.

07

Indemnification

You agree to indemnify, defend, and hold harmless Avalo Capital and its officers, directors, employees, agents, and successors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from:

  • Your use of our website or services
  • Your violation of these Terms
  • Your provision of false or misleading information
  • Your violation of any rights of another party
  • Your violation of any applicable laws or regulations
08

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any legal action arising from these Terms or your use of our services shall be brought exclusively in the state or federal courts located in Kings County (Brooklyn), New York.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

09

Modifications to Terms

Avalo Capital reserves the right to modify these Terms at any time. When we make changes, we will update the “Last Updated” date at the top of this page. We may also notify you of significant changes via email or through our website.

Your continued use of our website or services after any modifications constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must cease using our website and services.

10

Contact Information

If you have questions about these Terms & Conditions, please contact us:

  • Company: Avalo Capital, a DBA of Top Shelf Markets Limited
  • Address: New York, NY
  • Email: info@avalocapital.com
  • Phone: (929) 559-0807
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