Agreement between User and Porchswingfunding.com
Welcome to Porchswingfunding.com. The Porchswingfunding.com website (the “Site”) is comprised of various web pages operated by Shellback Specialties LLC dba Porch Swing Funding (“Porch Swing Funding”). Porchswingfunding.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”).
For purposes of these Terms, “Communications Services” means voice calls, SMS/MMS text messages, and email that we may use in connection with note transactions, seller communications, and investor relations.
Your use of Porchswingfunding.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy for your reference.
Porchswingfunding.com is a real estate note-buying site.
This website provides a resource for individuals and business entities interested in selling privately held real estate mortgage notes and installment contracts.
Communications Consent
Porch Swing Funding collects SMS opt-in verbally at their locations or over the phone. When a customer is registered for the first time, they are asked to provide the phone number, and staff is trained to ask if the customer would like to opt in to SMS-based notifications. They will be verbally informed that “Message and data rates may apply”, “Message frequency may vary”, and they can “text HELP for support or more information and STOP to unsubscribe at any time”. They will also be informed that their phone number will not be shared with third parties for marketing or promotional purposes.
Privacy and Terms:
https://porchswingfunding.com/privacy-policy-psf
https://porchswingfunding.com/terms-conditions-psf
For assistance at any time, reply HELP, call 866-399-2871, or email contact@porchswingfunding.com.
Please note: Messaging delivery and data transmission depend on your mobile carrier and network provider. Porch Swing Funding is not responsible for any delayed or undelivered messages, carrier fees, or data charges incurred through use of the Communications Services.
Information you provide or that we generate through the Communications Services—including call logs, text content, timestamps, and contact details—is processed in accordance with our Privacy Policy
and applicable data-protection laws.
SMS Opt‑Out
To stop receiving text messages from Porch Swing Funding, reply STOP to any SMS message we send. After you send STOP, we may send a final confirmation SMS to confirm that you have been unsubscribed. After this confirmation, you will no longer receive SMS messages from us unless you later opt in again.
To resume messages, reply START. Standard messaging and data rates from your carrier may apply.
Message and data rates may apply. For more information about how we handle your data, please see our Privacy Policy at https://porchswingfunding.com/privacy-policy/.
Message Frequency
Message frequency varies. You will receive messages only as needed to respond to your inquiries or to communicate about active transactions and related support.
Message and data rates may apply. For details on our data practices, see our Privacy Policy at https://porchswingfunding.com/privacy-policy/.
Privacy
Your use of Porchswingfunding.com is subject to Porch Swing Funding’s Privacy Policy, which also governs the Site and explains our data collection and use practices.
Electronic Communications
Visiting Porchswingfunding.com, sending emails to Porch Swing Funding, or exchanging SMS/MMS text messages with us constitutes electronic communications. You consent to receive electronic communications from us and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically—whether via email, text message, or the Site—satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
Porch Swing Funding does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Porchswingfunding.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
Porchswingfunding.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Porch Swing Funding and Porch Swing Funding is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Porch Swing Funding is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Porch Swing Funding of the site or any association with its operators.
Certain services made available via Porchswingfunding.com are delivered by third party sites and organizations. By using any product, service, or functionality originating from the Porchswingfunding.com domain, you acknowledge that Porch Swing Funding may share information with service providers solely to deliver the requested product, service, or functionality on our behalf and subject to our Privacy Policy. For the avoidance of doubt, no mobile information will be shared with third parties/affiliates for marketing or promotional purposes, and text messaging originator opt‑in data and consent will not be shared with any third parties.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use Porchswingfunding.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Porch Swing Funding that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Porch Swing Funding or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Porch Swing Funding content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Porch Swing Funding and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Porch Swing Funding or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by Porch Swing Funding from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Porch Swing Funding Content accessed through Porchswingfunding.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Porch Swing Funding, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Porch Swing Funding reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Porch Swing Funding in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Porch Swing Funding agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SHELLBACK SPECIALTIES LLC DBA PORCH SWING FUNDING AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
SHELLBACK SPECIALTIES LLC DBA PORCH SWING FUNDING AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SHELLBACK SPECIALTIES LLC DBA PORCH SWING FUNDING AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SHELLBACK SPECIALTIES LLC DBA PORCH SWING FUNDING AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SHELLBACK SPECIALTIES LLC DBA PORCH SWING FUNDING OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Messaging and Network Disclaimer
Porch Swing Funding is not responsible for delayed, undelivered, or misdirected text messages or other communications caused by mobile-carrier networks, internet providers, or factors outside our control. You acknowledge that carrier and data-network reliability can vary, and that Porch Swing Funding does not guarantee uninterrupted access to or receipt of any Communications Services.
Termination/Access Restriction
Porch Swing Funding reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Maryland and you hereby consent to the exclusive jurisdiction and venue of courts in Maryland in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Porch Swing Funding as a result of this agreement or use of the Site. Porch Swing Funding’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Porch Swing Funding’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Porch Swing Funding with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Porch Swing Funding with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Porch Swing Funding with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Porch Swing Funding reserves the right, in its sole discretion, to change these Terms—including policies governing our Communications Services—at any time. The most current version of the Terms will supersede all previous versions. Updates will be posted on this page with a revised effective date, and we may also notify users of material changes by email or other reasonable means. Continued use of the Site or Communications Services after such notice constitutes your acceptance of the revised Terms.
Customer Care Contact Information
For assistance or questions about our SMS program or any Porch Swing Funding services, please contact our customer care team:
Email: contact@porchswingfunding.com
Phone: (866) 399-2871
Hours: Monday–Friday, 9:00 AM–5:00 PM Eastern Time
Shellback Specialties LLC dba Porch Swing Funding
3290 Bennett Creek Ave, Unit B-133
Frederick, MD 21704
We welcome your questions or comments regarding these Terms or our Communications Services.
Effective as of October 21, 2025
Msg & data rates may apply