1. Acceptance of Terms
By accessing or using the Shepherd Mortgage website ("Site"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, you may not use the Site. We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of the Site following any changes constitutes acceptance of those changes.
2. Description of Services
Shepherd Mortgage is a commercial real estate financing advisory that arranges business-purpose investment property loans for real estate investors and developers, including bridge loans, fix-and-flip financing, ground-up construction, DSCR rental loans, and 30-year investor financing. Our services are limited to business-purpose lending; we do not originate consumer-purpose or owner-occupied residential mortgages. The Site includes informational content, a deal calculator, and an online inquiry form for prospective clients. All tools, estimates, and informational content on this Site are for informational purposes only and do not constitute a commitment to lend, a loan approval, or a binding offer of any kind.
3. Eligibility
You must be at least 18 years of age and capable of forming a binding contract to use our services. By submitting a loan application, you represent that all information provided is accurate, complete, and current. Shepherd Mortgage reserves the right to verify any information submitted and to decline any application at its sole discretion.
4. Loan Terms and Conditions
All loan terms, including interest rates, origination fees, loan amounts, and repayment schedules, are subject to underwriting review and may differ from any estimates provided on this Site. Actual loan terms will be detailed in a formal loan agreement. Rates and terms displayed on this Site are subject to change without notice and are not guaranteed until a loan agreement is fully executed.
5. SMS / Text Messaging Program
Program Description. Shepherd Mortgage operates an SMS text messaging program for the purpose of sending transactional and customer-service messages to clients and prospects who have submitted a loan inquiry through our website and explicitly opted in via a consent checkbox. Participants must be at least 18 years of age to enroll in the SMS program.
Message Types. Messages may include: confirmation of inquiry receipt, appointment confirmations and reminders, document requests, deal status and closing coordination updates, and replies to client-initiated questions. We do not send promotional, marketing, or rate-related messages via SMS.
How to Opt Out. You may opt out of the SMS program at any time by replying STOP to any message you receive. After opting out, you will receive one confirmation message and no further messages will be sent. To rejoin, reply START or submit a new inquiry through our website.
How to Get Help. Reply HELP to any message for assistance, or contact our support team directly:
- Email: dan@shepmo.com
- Phone: 408.821.8245
- Hours: Monday – Friday, 8:00 AM – 6:00 PM PT
Costs and Carrier Disclaimers. Message and data rates may apply based on your mobile carrier plan. Message frequency varies based on the status of your inquiry. Carriers are not liable for delayed or undelivered messages.
Privacy. Your phone number and SMS opt-in consent will be handled in accordance with our Privacy Policy. We do not share, sell, or rent mobile phone numbers or SMS opt-in information to third parties for marketing purposes.
6. User Conduct
You agree not to: (a) use the Site for any unlawful purpose; (b) submit false, misleading, or fraudulent information; (c) interfere with or disrupt the Site or its servers; (d) attempt to gain unauthorized access to any portion of the Site; or (e) use the Site to transmit any harmful code, viruses, or malicious software.
7. Intellectual Property
All content on this Site, including but not limited to text, graphics, logos, images, software, and design elements, is the property of Shepherd Mortgage or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content on this Site without prior written consent.
8. Disclaimer of Warranties
The Site and all information, content, and services provided are offered on an "as is" and "as available" basis without warranties of any kind, either express or implied. Shepherd Mortgage does not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components. We disclaim all warranties, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
9. Limitation of Liability
To the fullest extent permitted by law, Shepherd Mortgage and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Site or services, whether based on warranty, contract, tort, or any other legal theory, even if we have been advised of the possibility of such damages.
10. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Santa Clara County, California.
11. Contact Information
If you have any questions about these Terms of Service, please contact us at: dan@shepmo.com