Red Rock Capital

Terms & Conditions

These Terms & Conditions (the “Terms”) are a binding agreement between you and Island View Mortgage, Inc. d/b/a Red Rock Capital (“Red Rock Capital,” “we,” “us,” or “our”) governing your access to and use of www.fundwithredrock.com and any related pages, forms, portals, and communications we provide (together, the “Site”), and your participation in our text messaging program.

By accessing or using the Site, submitting a form, or communicating with us through the Site, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Site.

1. Eligibility & Business Use

The Site is intended for real estate investors, business entities, mortgage brokers, and other business and investment professionals. By using the Site you represent and warrant that:

• you are at least 18 years of age and have authority to enter into these Terms, and where you act for an entity, authority to bind that entity;
• any financing you inquire about or apply for is sought solely for business, commercial, or investment purposes and not for personal, family, or household purposes;
• any property offered as collateral is and will remain non-owner-occupied and held for business or investment purposes; and
• your use of the Site complies with all applicable laws.

Our products, terms, and availability vary by state and are subject to applicable licensing requirements. We do not lend in every jurisdiction, and nothing on the Site should be read as an offer to lend where we are not authorized to do so.

2. No Offer or Commitment to Lend

Rates, terms, loan-to-value ratios, loan amounts, timelines, program parameters, and other information on the Site are illustrative, subject to change without notice, and do not constitute an offer, commitment, or agreement to lend. Any quote, scenario, or pre-qualification is preliminary and non-binding.

No loan exists and no obligation to fund arises until Red Rock Capital issues a written commitment or term sheet signed by an authorized officer and all conditions in it are satisfied, and definitive loan documents are executed and funded. All financing is subject to underwriting, credit approval, verification, satisfactory appraisal and title, insurance, and applicable law. Not all applicants qualify.

Any calculator, estimate, or projection on the Site is an approximation based on the inputs provided and does not reflect actual terms you may receive.

3. Informational Only; No Advice

Content on the Site is provided for general informational purposes. It is not legal, tax, accounting, appraisal, investment, or financial advice, and it does not account for your particular circumstances. Real estate investing involves risk, including loss of principal. Consult your own attorney, CPA, and advisors before entering into any transaction. Past results of other borrowers are not indicative of future results.

4. Your Submissions & Accuracy

When you submit an inquiry, application, or document, you represent that the information is true, accurate, and complete, that you have the right to provide it, and that you have obtained any consent required from other individuals whose information you provide — including co-borrowers, guarantors, principals, and members of your entity. Providing false, misleading, or fraudulent information in connection with a loan application may be a violation of federal and state law.

You grant us a non-exclusive, royalty-free license to use, reproduce, store, and disclose the information and materials you submit for the purposes described in our Privacy Policy, including underwriting, servicing, and the sale or participation of loans. We may retain records of your submissions even if a transaction does not close.

Do not submit information you consider confidential outside of the loan process, and do not send sensitive personal information by unsecured email or text — ask us for a secure upload link. See Section 9.

5. Text Messaging Program Terms

These terms govern the Red Rock Capital text messaging program. They supplement, and do not replace, the SMS disclosures in our Privacy Policy.

5.1 Program description

Red Rock Capital sends the following categories of text messages:

• Transactional and servicing messages — loan status and approval updates, requests for missing documents or conditions, appraisal and inspection scheduling, draw request and disbursement notices, closing and funding coordination, wire verification callbacks, payment reminders, and payoff or maturity notices.
• Conversational messages — replies from our loan officers and processors to questions you send us.
• Marketing messages — program updates, rate and product announcements, and event invitations, sent only where you have given prior express written consent to receive them.

5.2 Consent

By providing your mobile number and opting in, you consent to receive text messages from Red Rock Capital at that number, including messages sent using an automatic telephone dialing system or similar technology. Consent to receive marketing text messages is not a condition of applying for, receiving, or the terms of any loan or service. Marketing consent is obtained separately from consent to receive transactional messages about an application or loan.

You represent that you are the subscriber or the customary user of the mobile number you provide, and that you have authority to consent for that number. You agree to notify us promptly if you relinquish or change the number so that we do not message a number reassigned to another person, and you agree to indemnify us for claims arising from your failure to do so.

5.3 Frequency, rates, and delivery

• Message frequency varies depending on the status and activity of your loan, application, or account.
• Message and data rates may apply. Your mobile carrier’s standard rates apply to messages you send and receive. We do not charge a fee for the messages themselves.
• Delivery is not guaranteed. Mobile carriers are not liable for delayed or undelivered messages. Do not rely on text messages for time-sensitive or legally required notices.
• Our program is supported on major U.S. carriers; carrier participation and features may change without notice.

5.4 Opt-out and help

To stop receiving messages, reply STOP to any message from us. You may also reply QUIT, END, CANCEL, UNSUBSCRIBE, OPT OUT, or REVOKE. We will send one confirmation message and then stop texting that number. You may also revoke consent by any other reasonable method — including by calling or emailing us, or telling one of our representatives — and we will honor the request within 10 business days, or sooner where required by law.

For help, reply HELP to any message, call 719-900-5400, or email sales@fundwithredrock.com.

Opting out of marketing texts does not by itself stop transactional messages about an active loan or application, and opting out of texts does not stop email or telephone contact. Tell us if you wish to opt out of additional channels. To resume messages after opting out, text START or contact us.

5.5 Privacy and security of messages

Text messaging is not a secure channel. Do not send Social Security numbers, account or routing numbers, passwords, or images of identification documents by text. We will never send you new or changed wire instructions by text message.

6. Electronic Communications & Signatures

You consent to receive communications from us electronically, including by email, text message, and postings on the Site, and you agree that electronic communications satisfy any legal requirement that a communication be in writing. You may withdraw this consent for non-transactional communications as described in our Privacy Policy; withdrawing consent may prevent us from processing an application.

You agree that electronic signatures, click-through acceptances, and electronic records have the same legal effect as handwritten signatures and paper records under the federal E-SIGN Act and applicable state law. To receive a paper copy of any electronic record, contact us at the address in Section 18. You must have a device with internet access, a current browser, and a valid email address to receive electronic communications.

7. Intellectual Property

The Site and its contents — including text, graphics, logos, images, layout, program descriptions, underwriting matrices, forms, and software — are owned by Red Rock Capital or its licensors and are protected by copyright, trademark, and other laws. “Red Rock Capital” and our logos are our trademarks and may not be used without our prior written permission.

We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for your own internal business purposes. You may print or download materials for that purpose only. You may not reproduce, republish, distribute, sell, modify, create derivative works from, frame, mirror, or scrape the Site or its contents, or use it to build a competing product or service, without our prior written consent.

8. Prohibited Conduct

You agree not to:

• use the Site for any unlawful, fraudulent, or deceptive purpose, or to submit false information;
• impersonate any person or entity, or misrepresent your affiliation or authority;
• use automated means — bots, scrapers, crawlers, or harvesters — to access, copy, or monitor the Site, except for standard search engine indexing;
• attempt to gain unauthorized access to the Site, our systems, or any account, or probe, scan, or test their vulnerability;
• introduce malware, viruses, or other harmful code, or interfere with the operation, integrity, or performance of the Site;
• reverse engineer, decompile, or disassemble any part of the Site;
• collect or harvest information about other users; or
• use the Site in violation of applicable licensing, advertising, telemarketing, fair lending, or privacy laws.

We may suspend or terminate your access to the Site at any time, without notice, for any reason, including suspected violation of these Terms.

9. Security & Wire Fraud

You are responsible for maintaining the security of your devices, email accounts, and any credentials used to access our portals, and for all activity that occurs through them. Notify us immediately at 719-900-5400 if you suspect a compromise or receive a suspicious communication that appears to come from us.

Internet transmissions are not completely secure. We use reasonable safeguards as described in our Privacy Policy, but we cannot guarantee that transmissions to or from the Site will be free from interception or error.

10. Third-Party Sites & Content

The Site may link to or embed third-party websites, calculators, application portals, scheduling tools, and social media. We do not control and are not responsible for their content, availability, accuracy, security, or privacy practices, and a link is not an endorsement. Your dealings with third parties — including brokers, appraisers, title companies, contractors, and insurers — are solely between you and them.

11. Disclaimer of Warranties

12. Limitation of Liability

Nothing in this Section limits either party’s rights or obligations under executed loan documents, which are governed by their own terms.

13. Indemnification

You agree to defend, indemnify, and hold harmless Red Rock Capital and its officers, directors, members, employees, agents, and affiliates from and against any claims, demands, actions, losses, liabilities, damages, costs, and expenses — including reasonable attorneys’ fees — arising out of or relating to your use of the Site, your submissions, your breach of these Terms, your violation of any law or the rights of a third party, or any claim that you provided a mobile number without authority to consent on behalf of its subscriber.

14. Governing Law & Venue

These Terms and any dispute arising out of or relating to them or the Site are governed by the laws of the State of Colorado, without regard to its conflict-of-laws principles. Subject to Section 15, you and Red Rock Capital consent to the exclusive jurisdiction and venue of the state and federal courts located in El Paso County, Colorado.

Loan documents control. If you enter into loan documents with us, the governing law, venue, jury waiver, and dispute resolution provisions in those documents control any dispute arising from the loan, and supersede this Section and Section 15 as to that dispute.

15. Dispute Resolution

Informal resolution first. Before commencing any proceeding, you agree to contact us at the address in Section 18 with a written description of the dispute and to negotiate in good faith for at least 30 days.

Arbitration. If the dispute is not resolved, any dispute arising out of or relating to these Terms or the Site — other than a dispute governed by executed loan documents, or an action to enforce intellectual property rights or seek injunctive relief — will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in El Paso County, Colorado. Judgment on the award may be entered in any court of competent jurisdiction. Each party bears its own fees and costs unless the arbitrator determines otherwise.

No class actions. You and Red Rock Capital agree that disputes will be brought only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding, and the arbitrator may not consolidate claims or preside over any form of representative proceeding.

Jury waiver. To the extent any dispute proceeds in court rather than arbitration, each party knowingly and voluntarily waives any right to a trial by jury.

Time limit. Any claim arising out of or relating to these Terms or the Site must be brought within one (1) year after the claim arose, or it is permanently barred, except where a longer period is required by law.

16. General Provisions

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Red Rock Capital regarding the Site, and supersede prior understandings on that subject. They do not modify executed loan documents.
• Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions remain in effect.
• No waiver. Our failure to enforce any provision is not a waiver of it.
• Assignment. You may not assign these Terms without our written consent. We may assign them freely, including in connection with a sale of assets or loans.
• No third-party beneficiaries. These Terms create no rights in any third party, except that our officers, employees, agents, and affiliates may enforce Sections 11, 12, and 13.
• Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control.
• Survival. Sections 4, 7, and 11 through 16 survive termination of these Terms or your use of the Site.
• Headings. Headings are for convenience only and do not affect interpretation.

17. Changes to These Terms

We may revise these Terms at any time by posting an updated version with a new “Last updated” date. Changes take effect when posted, except that material changes to Section 15 apply prospectively only. Your continued use of the Site after an update constitutes acceptance. Please review these Terms periodically.

18. Contact Us