DISCLAIMER FOR INTERACTIVE SERVICES
Short Sale Nation maintains the interactive portion(s) of their Web site as a service free of charge. By using any interactive services provided herein, you are agreeing to comply with and be bound by the terms, conditions and notices relating to its use. THIS IS AN IMPORTANT LEGAL DISCLAIMER CONCERNING THE SALE OF YOUR HOUSE AND SHOULD BE READ CAREFULLY. IF YOU HAVE ANY QUESTIONS, CONTACT AN ATTORNEY BEFORE CONTINUING WITH YOUR SHORT SALE. IF YOU ARE A REAL ESTATE AGENT REGISTERING FOR YOUR CLIENT, YOU MUST HAVE YOUR CLIENT COMPLETE THE REGISTRATION PROCESS OR I AS MY CLIENT'S REAL ESTATE AGENT, AM TAKING FULL RESPONSIBLITY FOR CONVEYING THE CONTENT OF THIS DISCLAIMER AND HAVE GOTTEN MY CLIENT TO ACKNOWLEDGE THIS DISCLAIMER IN WRITING IN A SEPARATE DOCUMENT OF MY CREATION. I AS MY CLIENT'S REAL ESTATE AGENT AGREE TO SEND A COPY OF THAT DOCUMENT TO SHORT SALE NATION.
I am currently in default or I will likely soon be in default on my loan(s) and am unable to make up my back payments or continue making further payments. I have attempted all other avenues of action to remedy my financial situation. I am trying to sell my property and there is no equity, nor do I expect any money from the short sale of my property.
I understand that my mortgage holder(s), even after agreeing to a short sale may require that the difference between the original balance and the negotiated balance be paid by me and hold me personally liable for such payment. Should the mortgage holder(s) not require payment of the difference, such act may constitute a taxable event. I acknowledge being advised to contact a tax professional relating to the potential taxable consequences if any of the mortgage holder's forgiveness of any debt and the application of H.R. 3648 or other tax statutes, codes and rulings to my unique situation.
I understand that the short sale process is complex and difficult and there are no guarantees the bank will accept the short sale price or circumstances they are presented. I understand that if my agent and/or my attorney and/or myself are not able to successfully negotiate a short sale, my lender(s) may proceed with foreclosure. I further understand that if the lender(s) accepts a short sale, this may or may not relieve me of my personal responsibility for the loan and my affect my credit score. I also understand that any forbearance or forgiveness of debt by lien holders(s) may result in a taxable gain and I should consult with a qualified tax professional to discuss the implications, if any, if I should receive a form 1099 from the lender(s). Short Sale Nation is not able to advise me as to issues including but not limited to what is acquisition indebtedness, what is a qualified principal residence and under what taxpayer status I should file.
I understand that
1. As a condition of your use of this Web site and the interactive services contained therein, you represent and warrant to Short Sale Nation that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
2. This Web site contains one or more of the following interactive services: bulletin boards, chat areas, news groups, forums, communities and/or other message or communication facilities. You agree to use such services only to send and receive messages and material that are proper and related to the particular service, area, group, forum, community or other message or communication facility. In addition to any other terms or conditions of use of any bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities, you agree that when using one, you will not:
· Publish, post, upload, distribute or disseminate any inappropriate, profane, derogatory, defamatory, infringing, improper, obscene, indecent or unlawful topic, name, material or information.
· Upload files that contain software or other material protected by intellectual property laws or by rights of privacy of publicity unless you own or control such rights or have received all necessary consents.
· Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
· Advertise any goods or services for any commercial purpose.
· Offer to sell any goods or services for any commercial purpose.
· Conduct or forward chain letters or pyramid schemes.
· Download for distribution in any manner any file posted by another user of a forum that you know, or reasonably should know, cannot be legally distributed in such manner.
· Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
· Falsify or delete any author attributions, legal or other proper notices, proprietary designations, labels of the origin, source of software or other material contained in a file that is uploaded.
· Restrict or inhibit any other user from using and enjoying any of the bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities.
3. Short Sale Nation has no obligation to monitor the bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities. However, Short Sale Nation reserves the right at all times to disclose any information deemed by Short Sale Nation necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.
4. You acknowledge that communications to or with bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities are not private communications, therefore others may read your communications without your knowledge. You should always use caution when providing any personal information about yourself or your children. Short Sale Nation does not control or endorse the content, messages or information found in any bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities and, specifically disclaims any liability with regard to same and any actions resulting from your participation. To the extent that there are moderators, forum managers or hosts, none are authorized Short Sale Nation spokespersons, and their views do not necessarily reflect those of Short Sale Nation
5. The information, products, and services included on this Web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Short Sale Nation may make improvements and/or changes in this Web site at any time. Advice received via this Web site should not be relied upon for personal, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
6. By utilizing Short Sale Nation's website and services, you, the Seller of your property acknowledge that you have explored with legal counsel, all other options to remedy your situation including bankruptcy, loan modification, deed in lieu of foreclosure, foreclosure, etc. You the Seller understand that if your short sale is approved, you may be liable for the deficiency of the amount unpaid on your loan and you may be sent a 1099 from the IRS requiring you to pay taxes on the amount discounted as if it were income. You the Seller understand that there are no guarantees that your short sale would be approved by using Short Sale Nation. No part of the recomendations made on this website or by any employee or affiliate of Short Sale Nation is intended to imply that you the Seller have any rights to remain in your home after a short sale transaction. You the Seller are not relying in any way on the truth or accuracy of any written or orally conveyed statement made on Short Sale Nation.
7. Short Sale Nation makes no representations about the suitability, reliability, timeliness, and accuracy of the information, products, and services contained on this web site for any purpose. All such information, products, and services are provided "as is" without warranty of any kind.
8. Short Sale Nation hereby disclaims all warranties and conditions with regard to the information, products, and services contained on this web site, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
9. In no event shall Short Sale Nation 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 this web site,
· with the delay or inability to use this web site,
· with the provision of or failure to provide services, or
· for any information, software, products, services and related graphics obtained through this web site, or otherwise arising out of the use of this web site, whether based on contract, tort, strict liability or otherwise, even if Short Sale Nation has been advised of the possibility of damages.
10. Due to the fact that certain jurisdictions do not permit or recognize an 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 this web site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using this web site.
11. Short Sale Nation reserves the right in its sole discretion to deny any user access to this Web site, any interactive service herein, or any portion of this Web site without notice, and the right to change the terms, conditions, and notices under which this Web site is offered.
12. This Agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both of the parties hereto.
13. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Exclusive jurisdiction and venue shall by in the USA County, Washington superior courts.
Binding Effect. This Agreement shall be binding upon all who use Short Sale Nation’s services, property, and other assets mentioned in this agreement with respect to this Web site and associated content, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Web 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. Fictitious names of companies, products, people, characters and/or data mentioned herein are not intended to represent any real individual, company, product or event. Any rights not expressly granted herein are reserved.
