Terms and Use and Disclaimer

TERMS OF USE and DISCLAIMER “Blanket POF Membership”:

Short Funding, LLC is committed to providing its customers with the highest levels of service. In furtherance of this commitment, Short Funding LLC Proof of Funds Premier Membership “POF Membership” may be paid for with a credit card, using the Internet.

THIS DESCRIBES THE TERMS AND CONDITIONS OF THIS SITE AS WELL AS YOUR RIGHTS AND RESPONSIBILITIES. PLEASE READ IT CAREFULLY.

General Terms and Conditions

By joining Short Funding’s POF Membership or accessing any areas of the Trusted Online Shortfunding.com site (“Site”), users (“Users” or “you”) agree to be legally bound and to abide by these Terms and Conditions. You must be at least 18 years of age to join. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS AND CONDITIONS, YOU MUST NOT JOIN OUR MEMBERSHIP OR USE THIS SITE.

1. Scope of Agreement: Under this Agreement (“Agreement”), Shortfunding.com (“SF”, “we”, “our” or “us”, etc.) furnishes online information and services (the “Service”) to registered/active members or authorized users (“you”, “your” or “member”) in one (12) month interval. By accepting the Terms and Conditions when registering or if you use the Service or Site in any way, you agree to be bound by this Agreement . The term “use” means the use and availability of, access to, transmission to or from or any exchange of information or communication in connection with or arising from the Service. This entire agreement between you and us, supersedes prior agreements regarding its subject matter. Whenever new services become available, your use of them will be under this Agreement unless we notify you otherwise. You must comply with any additional terms which apply to third-party content, products, information or other services. We may change this Agreement at any time as we desire, without notification. By continuing to use the Service, you agree to be bound any new version of the Agreement.

All Sales are Final. We have a NO REFUND POLICY.  Once you submit your order and receive a POF Membership, your payment is non-refundable. The POF Membership is automatically renewed at the end of every 12 month interval term. By joining the Short Funding LLC POF Membership, you agree and understand that this is an Automatic Renewing 12 Month Membership and cancellation must be made no later than 15 days in advance of the renewal date. To cancel your auto-renewing account please send an email to cancellation@shortfunding.com and follow the instructions.

DISPUTE/CONTESTING OF CHARGE(S) Policy: You agree to not to dispute or contest any valid charge(s). You agree to the all terms for billing and policies detailed in these Terms & Conditions. If you question the validity of a charge or charges, you agree to first contact us, primarily by emailing us with your complaint or question. This will allow for resolution in accordance to the Terms and Conditions set forth in this agreement. If the dispute/contest is not resolved and you, the user/member, dispute our charge or charge(s) to your bank or credit card company then: 1) Your membership will be terminated immediately without any refund; AND, 2) If the charge(s) is/are found to be valid, then the user authorizes, in accordance to these Terms, SF to charge the member’s credit card for any amount outstanding PLUS a $99.00 per dispute administrative fee. Any further disputes after this will incur the same process, and eventually will be handled by our attorneys (to which their fees will be added to the outstanding amounts). By joining our POF Membership, you agree and authorize these potential remedy fees.

2. Scope of Service: Short Funding LLC is a short term capital lending Company that provides its clients short term real estate secured loans. In addition, Short Funding, LLC provides services to assist its clients with executing real estate investments. The POF Membership is a service provided by Short Funding, LLC. The POF Membership benefits are:

1. A personal login to Short Funding’s “Member Only” website.

2. Online access to generate a blanket proof of funds letter up to $500K to assist with real estate deal negotiation.

3. A designated proof of funds telephone number for verbal verification of proof of funds by interested parties to your transaction and offers.

4. Online access to any available resources and industry news published to the Short Funding LLC website, including but not limited to lists of investor friendly title companies and database of bank and REO lending guideline changes.

NOTE: The proof of funds letter and designated proof of funds telephone number shall only be used to facilitate real estate acquisitions only. In no way shall the proof of funds letter or telephone number be used to any reason outside the scope of Short Funding, LLC guidelines. Any abuse of the proof of funds letter or telephone number shall constitute termination of membership. A proof of funds letter by no means guarantees a capital commitment by Short Funding LLC, or any of its subsidiaries,  and all transactions and loans are subject to the discretion of the Short Funding, LLC directors or affiliates. The proof of funds letter does not automatically qualify a borrower for the capital and each transaction will be deal specific and shall by subject to details due diligence, adequate documentation, etc.

You agree that the Service should not be interpreted as commitment or guaranty to fund any specific transaction. In addition, you agree that the advice, recommendations, etc. coming from the staff or the website content are not endorsements of your specific transaction or opinion in regards to a specific real estate transaction. We do not supply professional or legal real estate or transactional advice; we are not attorneys. We are a publicly available service that provides capital for short term real estate transactions as well as sharing information related to our direct experience as fellow real estate investors.  Remarks and data comprising the Service are for informational purposes only and are provided without warranty of any kind. In no event will we be liable for any direct, indirect, consequential, or incidental damages arising out of any decision made or action taken by you in reliance on the Service, whether or not caused in whole or part by our negligence. If, notwithstanding the above, the Service Party is found liable for any loss or damage relating to the use of this Site, User agrees that the liability of any such party shall in no event exceed the fee or charge to the User assessed by the Service. The listings may not be suitable for all potential users of the Service. If you are found to be taking advantage of the service provided or not utilizing the service under these guidelines, your membership will be immediately revoked with no refund. All information provided by the Service is obtained from sources believed to be accurate and reliable. Additionally, our evaluations are providing as a guideline, but should not be taken as absolute or 100% accurate. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SERVICE.

3. Membership Information: You will provide us with accurate and complete registration information and advise us promptly of any changes. If you do not, you will be in breach of this Agreement allowing us to immediately terminate your Membership and use of the Service. When you register, you will receive a user name and password which we may assign or allow you to select.

4. Copyright and Limitations on Use: The Service is the property of Short Funding LLC and may only be displayed, formatted and printed for your use. You agree not to reproduce, distribute, sell, publish, broadcast, or circulate any information received through the Service to anyone without our prior written consent. You may not post any content from the Service to news groups, mail lists or electronic bulletin boards, without our prior written consent. Copying and/or electronic transmission of any content of the Service is a violation of copyright law. Reproductions or storage of information or works retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code.  You also agree that you will not give out log-ins and/or passwords to other users. We reserve the right to cancel any POF Membership, without refund, if we discover that a POF Membership account is being used by more than one person, or if a log-in/password is given to another person.

5. User Comments, Feedback and Other Submissions: All comments, feedback, suggestions and ideas disclosed, submitted or offered to the Service or in connection with your use of this Site (collectively, “Comments”), shall be and remain the exclusive property of the Service and may be used in any medium and for any purpose worldwide without obtaining your specific consent. Your name may be used with any Comments you submit. The Service is not under any obligation to maintain your Comments (and the use of your name with any comments) in confidence, to pay to you any compensation for any Comments submitted or to respond to any of your Comments. You agree that you will be solely responsible for the content of any Comments you make. In our sole discretion, any Comments we consider offensive, improper or inappropriate, may be modified or deleted, and can, at our discretion, result in immediate termination of your membership without refund.

6. Failure to Access Service: You agree that we are not responsible for your inability to log-on to the Service, either because of poor Internet connections, incorrect typing of log-ins or passwords, and/or browser incompatibility. We will make every effort to ensure that our servers remain operational with adequate performance and response time. However, there may be times when our servers are down or response time is slow due to power outages, network problems, regular maintenance, or high traffic volumes. You agree that neither we, nor our suppliers, are responsible or liable, for any loss or damage caused by your inability to use or access the Service, whether or not caused in whole or part by our negligence.

7. Indemnification; Governing Law; Jurisdiction: You agree to defend, indemnify, and hold us, our employees, and other representatives harmless from and against all liabilities, damages, claims, actions, costs, expenses (including attorneys fees), in connection with or arising from your breach of this Agreement.  This Agreement is personal to you, and you may not assign your rights or obligations to anyone. We reserve the right to change our Terms and Conditions at any time, without notification. If any provision of this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement shall be deemed to have been made in the State of Colorado, and shall be governed by the laws of the State of Colorado. The parties expressly stipulate to jurisdiction in, Colorado, or the United States District Court. All of the materials included on this website are copyright 2009-2010 by Short Funding LLC. We reserve all rights.