Terms of Service

Introduction

PLEASE READ THESE TERMS AND CONDITIONS (“Agreement”) CAREFULLY BEFORE USING THE SERVICES PROVIDED BY VALDEMAR PROPERTIES LLC (“Valdemar”). THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU AND VALDEMAR. BY USING OUR WEBSITE/MOBILE APPLICATION AND ANY INFORMATION OR SERVICES PROVIDED THROUGH THEM (THE “Services”), YOU AGREE TO BE BOUND BY THIS AGREEMENT.

This Agreement includes an Arbitration Agreement in Section “Dispute Resolution (Arbitration Agreement)” that, with limited exceptions, requires disputes to be submitted to binding and final arbitration on an individual basis. You waive the right to a jury trial and to participate in a class or representative action unless you timely opt out. See that section for details.

Purpose

Valdemar provides a platform offering various real estate investment strategies for acquiring properties from others. By accessing or using the Services, you agree to this Agreement and acknowledge that the success of the Services relies on user compliance. While Valdemar endeavors to enforce these terms, it cannot guarantee other users’ compliance and is not an insurer of their conduct.

Eligibility

By accessing or using the Services, including by clicking to accept:

• You confirm you have read, understand, and agree to this Agreement and future amendments;
• You are 18 years or older;
• You have the authority to enter into this Agreement; and
• You will comply with all applicable laws (country, state, and local) while using the Services.
  If you do not agree, do not access or use the Services.

Access

Access License. Subject to this Agreement, Valdemar grants you a revocable, nonexclusive, nontransferable license to access and use the Services without charge. We may modify, suspend, or terminate the Services or your access at any time in our sole discretion.

Prohibited Commercial Use. Access is for personal, non-commercial use. You may not commercially exploit any part of the Services without our prior written consent.

Nontransferable Privileges. Your access rights are personal to you and nontransferable.

Passwords and Security. Do not share your password. Notify us immediately of any security breach affecting the Services.

Acceptable Use Policy

You agree:

• To use the Services only for lawful, non-deceptive purposes and not to store or transmit unlawful material;
• Not to cause nuisance, annoyance, or inconvenience;
• Not to use the Services or content for any commercial purpose (including contacting, advertising to, soliciting, or selling to users);
• Not to violate others’ privacy or publicity rights;
• Not to copy, distribute, scrape, or deep-link content, or compile any directory from the Services (except for your personal, non-commercial use);
• That information you provide is accurate;
• Not to damage, disable, overburden, or impair our servers or networks, or attempt unauthorized access to any part of the Services;
• Not to use robots, spiders, crawlers, or automated tools to access or monitor the Services;
• To report errors, bugs, unauthorized access methods, or IP infringements you discover; and
• Not to impersonate any person, misrepresent your affiliation, or create multiple accounts.

Information on our Services

We strive for accuracy but do not guarantee the accuracy, adequacy, quality, or suitability of information on the Services and expressly disclaim liability for errors or omissions. Links or phone numbers to third-party resources are not endorsements.

Intellectual Property Ownership

Valdemar (and applicable licensors) owns all rights, title, and interest in and to the Services and related IP. This Agreement does not transfer any ownership. Our names, logos, and product names are trademarks and may not be used without permission. Do not remove or alter proprietary notices.

Privacy

See our Privacy Policy for how we collect and use personal data. By accepting this Agreement, you also consent to the Privacy Policy (incorporated by reference).

Third-Party Interactions

The Services may display or link to third-party websites or advertisements (“Third-Party Websites & Advertisements”). We do not control or endorse them and are not responsible for their content, products, or services. Use them at your own risk and review their terms and policies.

Indemnification

You agree to indemnify and hold harmless Valdemar Properties LLC and its officers, directors, employees, agents, and affiliates from losses, claims, costs, damages, penalties, fines, and expenses (including reasonable attorneys’ fees) arising from: (a) your misuse of the Services; (b) your violation of this Agreement; or (c) your violation of applicable laws. We may assume exclusive defense and control; you will cooperate. This does not require you to indemnify for an Indemnified Party’s unconscionable commercial practices, negligence, fraud, deception, false promise, misrepresentation, or material omissions. These obligations survive termination.

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ACCESS WILL BE UNINTERRUPTED. YOU ARE RESPONSIBLE FOR BACKING UP YOUR DATA AND EQUIPMENT.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY WILL VALDEMAR PROPERTIES LLC BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, SALES, BUSINESS, OR DATA); OR (B) ANY DIRECT DAMAGES, COSTS, LOSSES, OR LIABILITIES (INCLUDING ATTORNEYS’ FEES) EXCEEDING THE FEES YOU PAID TO US IN THE TWO (2) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR, IF NO FEES APPLY, US $100. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN SUCH CASES OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Dispute Resolution (Arbitration Agreement)

Scope. Any dispute or claim arising out of or relating to your use of the Services, our communications or marketing, any products or services sold or distributed through the Services, or your relationship with us as a user, will be resolved by binding arbitration on an individual basis, except: (i) you may bring qualifying claims in small claims court; and (ii) either party may seek equitable relief in court for IP infringement or misuse. This applies to claims that arose before the Effective Date.

Informal Resolution. Before arbitration, the parties will confer in good faith by phone or video to attempt informal resolution. To initiate, email valdemarinvestments@gmail.com with your name, account email/username (if any), and a brief description. The conference will be scheduled within 60 days unless otherwise agreed.

Rules and Forum. The Federal Arbitration Act (FAA) governs this Arbitration Agreement. Arbitration will be administered by JAMS under its Streamlined Rules (disputes under $250,000) or Comprehensive Rules (otherwise). See www.jamsadr.com or call 800-352-5267. To start, mail a written demand to our address below.

Fees. JAMS fees apply under JAMS rules. If the arbitrator determines you are unable to afford JAMS fees and cannot obtain a waiver, Valdemar will cover them. Valdemar will also reimburse JAMS fees for claims under $10,000. If JAMS is unavailable, the parties will select an alternative provider. You may choose telephone, video, written submissions, or in-person proceedings in your county of residence or another mutually agreed location.

Arbitrator Powers. The arbitrator has exclusive authority to resolve issues of interpretation, applicability, enforceability, or formation of this Arbitration Agreement, may grant dispositive motions, award monetary or non-monetary relief available under applicable law and rules, and will issue a written decision with essential findings. The award is final and binding.

Waiver of Jury Trial. YOU AND VALDEMAR WAIVE ANY RIGHT TO A JURY TRIAL.

Waiver of Class/Representative Actions. YOU AND VALDEMAR WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. Claims of multiple users cannot be arbitrated or litigated jointly or consolidated. If this waiver is found unenforceable for a claim, that claim must proceed in court as set forth in Exclusive Venue.

Batch Arbitrations. If 100+ similar demands involving the same firm/organization are filed within 30 days, the provider will batch them (up to 100 per batch) for resolution with one arbitrator and one set of fees. The parties will cooperate in good faith to implement batching.

Opt Out. You may opt out by emailing valdemarinvestments@gmail.com within 30 days of first being subject to this Arbitration Agreement, stating your name, address, email, and that you are opting out. Opting out does not affect other arbitration agreements with us.

No Effect on Employment/IC Agreements. This Agreement does not modify any separate employment or independent contractor agreement.

Survival. This Arbitration Agreement survives termination of your relationship with us.

Modification. Material changes will not apply to claims for which you already provided notice before the change.

Notice Address for Arbitration:
Valdemar Properties LLC
15 Azalia Ct, Hempstead, NY 11550

Exclusive Venue

To the extent any claim may be brought in court, the exclusive jurisdiction and venue shall be the state courts located in Nassau County, New York, or, if federal jurisdiction exists, the United States District Court for the Eastern District of New York. The parties consent to personal jurisdiction and waive objections to venue or forum non conveniens.

Termination

We may modify or discontinue the Services, or modify, suspend, or terminate your access, at any time, for any reason, with or without notice, and without liability. We may also pursue appropriate legal action. Provisions that by their nature should survive termination do survive.

Consent for SMS/Texting

If you provide a mobile number, Valdemar may send you information via text message as part of the Services. We do not charge for texts; standard carrier message/data rates may apply. You can reply STOP (or CANCEL/END/QUIT/UNSUBSCRIBE/STOPALL) to opt out or email valdemarinvestments@gmail.com. We may modify or terminate text services at any time. By providing a number, you confirm it is yours and agree to indemnify us for claims arising from providing a number that is not yours or violations of law. This obligation survives termination.

General

No Joint Venture/Agency. No joint venture, partnership, employment, or agency relationship is created by this Agreement or use of the Services.

Choice of Law. This Agreement is governed by the laws of the State of New York, without regard to its conflicts-of-law principles. The Federal Arbitration Act governs the Arbitration Agreement.

Severability. Except as otherwise stated, if any provision is invalid, the remaining provisions remain in full force.

Electronic Communications. You consent to receive communications in electronic form and agree that all terms, notices, and other communications we provide electronically satisfy legal writing requirements.

Entire Agreement. This Agreement is the final, complete, and exclusive agreement regarding the Services and supersedes all prior discussions.

Contact Information

Valdemar Properties LLC
Email: valdemarinvestments@gmail.com
Phone: 347-262-1285
Mailing Address (and Arbitration Notices): 15 Azalia Ct, Hempstead, NY 11550