TERMS OF SERVICE POLICY

We welcome you to the website (“Our Site”) of Flipco Financial, LLC and its operating subsidiaries (collectively referred to as “We”, “Flipco” and the “Company”), all of which are headquartered in Houston, Texas.  Our Site was created to provide information about Flipco Financial’s services as a private money lender for the purchase, renovation, and resale of single-family residential properties to individual, business, and commercial investors who visit Our Site (“you” and “your”).  We invite you to check our Site for the latest version of our Terms of Service Policy which explains the terms and conditions for the use of Our Site, including without limitation those set forth below:

TABLE OF CONTENTS OF OUR TERMS OF SERVICE POLICY STATEMENT

1. Your Relationship with Flipco
2. Our Privacy Policy and Other Policies
3. Acceptance of Terms of Service
4. Your Use of Our Site and Our Services
5. Revisions and Updates
6. Exclusions from Representations and Warranties
7. Limitation of Liability
8. Miscellaneous
9. Contact Information

     1. Your Relationship with Flipco

Our Site was created to provide you with information about Flipco Financial, LLC’s services as a private money lender for the purchase, renovation, and resale of single-family residential properties (“Services”) in the geographic markets we serve to determine if the private mortgage loans we offer suit your business investment purposes.  Because the loan evaluation and funding process we offer to our prospective business customers requires the communication of Company information and the receipt of your Personal Information in order for you and Flipco to each make an informed business decision from initial evaluation to funding in a matter of days rather than over a course as much as a month or more in a typical conventional mortgage funding scenario, it is essential for the safe, secure exchange of information and documentation to occur electronically from the evaluation of our Services through final funding of your approved private residential loan for business investment purposes.

     2. Our Privacy Policy and Other Policies

Before you use our Services by filling out and returning the Loan Application to initiate our loan approval process, we strongly recommend that you read this Terms of Service Policy as well as our Privacy Policy, Electronic Communications Consent Policy, and Anti-Money Laundering Program, all of which can be accessed through our Site, in order to inform you of your legal rights and our legal responsibilities to you that govern your relationship with Flipco.  It is also recommended that you ask us any questions you might have with respect to any matter set forth in any Policy or Program or found elsewhere on our Site and to seek your independent legal counsel with respect to any of the above Policies and Program.

     3. Acceptance of Terms of Service

In order to access our Site in order to use our Services, you must be at least 18 years of age, of sound mind, and otherwise able to enter into a legally binding contract under the laws of the state in which you reside and of the United States of America.  After you have read and understand the terms and conditions under which the we are willing to extend a loan offer to you in accordance with our lending criteria which is limited investors in non-owner occupied single family residential property, we require you to accept our Terms of Service, which shall be deemed to have been accepted by your execution of the Loan Application provided to you on our Site.

     4. Your Use of Our Site and Our Services

We are required by Company Policy as well as by applicable Federal, state, and local law, including without limitation the laws listed in the Policies and Program described in Section 2 above to which reference is made for discussed in more detail, to require certain information and documentation (“Personal Information”) from you in order to evaluate your Loan Application with us.  Please consult our Privacy Policy for a more detailed discussion of our legal responsibilities and your legal rights with respect to our use and disclosure of our Personal Information, specifically including. but without limitation our obligation to take commercially reasonable security measures in our handling of your Personal Information.

     5. Revisions and Updates

Flipco revises and updates our Policies, Programs, Services, Site, and business processes and practices as necessary and reasonably desirable to maintain compliance with all applicable legal and contractual obligations as to continually strive for a better customer experience for the users of our Site and our Services, all of which will be done without notice to you other than as required by law or contract. By your acceptance of this Terms of Service Policy, you agree to be responsible for reviewing any revisions and updates that we periodically make as part of our business operations.

     6. EXCLUSIONS FROM REPRESENTATIONS AND WARRANTIES

UNLESS AND TO THE EXTENT EXPRESSLY REQUIRED IN ANY CONTRACT BETWEEN YOU AND COMPANY OR BY APPLICABLE LAW, WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO OUR SERVICES AND YOU HEREBY ACKNOWLEDGE AND AGREE, AS A CONDITION TO YOUR USE OF OUR SITE AND OUR PROVISION OF SERVICES TO YOU THAT: (A) YOU ACCEPT THESE TO THESE EXCLUSIONS FROM REPRESENTATIONS AND WARRANTIES; (B) YOUR RIGHTS AND REMEDIES ARE EXPRESSLY LIMITED TO THOSE THAT ARISE UNDER ANY CONTRACT WITH US OR AS OTHERWISE PROVIDED BY LAW, SUBJECT TO THE LIMITATION OF LIABILITY SET FORTH IN SECTION 7 BELOW; (C) ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO SUITABILITY OF THE INVESTMENT PURSUED WITH THE USE OF LOAN PROCEEDS UNDER OUR CONTRACT WITH YOU, OUR INTERNAL ASSESSMENT OF VALUE, BEFORE OR AFTER ANY CONTEMPLATED RENOVATIONS OF THE RESIDENTIAL PROPERTY WITH SUCH LOAN PROCEEDS AND YOUR FUNDS, OR OTHERWISE ARE EXPRESSLY DISCLAIMED AND DENIED; AND (D) YOU AGREE TO SOLELY BEAR ANY AND ALL RISKS, LIABILTY, AND EXPENSES ASSOCIATED WITH YOUR BUSINESS INVESTMENT AND LAON WE MAKE TO YOU IN CONNECTION WITH SAID INVESTMENT, INCLUDING SPECIFICALLY BUT WITHOUT LIMITATION ANY LIABILITY TO US IN CONNECTION WITH SUCH LOAN, TOGETHER WITH ANY REASONABLE ATTORNEYS’ FEES, AND EXPENSES ASSOCIATED THEREWITH.

     7. LIMITATION OF LIABILITY

IN CONJUNCTION WITH AND SUBJECT TO EXCLUSION OF REPRESENTATIONS AND WARRANTIES SET FORTH IN SECTION 6 ABOVE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE NEITHER THE COMPANY NOR YOU SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INCIDENTIAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, TREBLE, PUNITIVE, OR OTHER INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOSS OF INVESTMENT; PROFIT; GOODWILL; BUSINESS REPUTATION; LOSS, DAMAGE, DESTRUCTION, OR MISUSE OF DATA; OR OTHER INTANGIBLE LOSS.

     8. Miscellaneous

By your execution and delivery of our Loan Application, you agree to abide by this Terms of Service Policy and acknowledge that you have been advised to become familiar with the term of our Privacy Policy, Electronic Communications Consent Policy, and Anti-Money Laundering Program as each such Policy, as updated on our Site, provides a more in-depth explanation of the rights, responsibilities, and remedies arising out of our business relationship from application process through final payoff of any loan you choose to accept from us.  If you have any questions, we look forward to helping you with answers and any other assistance that we can offer to make our business relationship a mutually beneficial experience so that we can continue to help you achieve your financial goals in the dynamic real estate markets that we serve.

     9. Contact Information

You may email us at Our Site: www.flipcofinancial.com or by writing to us at our business headquarters address: Flipco Financial, LLC, 12140 Wickchester Lane, Suite 100, Houston, Texas 77079 Attn: Director of Business Development or by calling us at our toll-free number at 888-490-1810.