Vanguard Ventures Realty LLC Terms and Conditions

LAST UPDATED: March 6th, 2024

1. Introduction

PLEASE READ THESE TERMS AND CONDITIONS (“Agreement”) CAREFULLY BEFORE USING THE SERVICES PROVIDED BY VANGUARD VENTURES REALTY, LLC (“Vanguard”). THIS (“AGREEMENT”) CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND Vanguard.

2. Arbitration Agreement

Section 14 of this Agreement contains provisions that govern how claims that you and we have against each other are resolved, including, without limitation, any claims that arose or were asserted before the effective date of this Agreement. Section 14 sets forth our arbitration agreement, which will, with limited exceptions, require disputes between us to be submitted to binding and final arbitration. Unless you opt out of the arbitration agreement: (1) you will only be permitted to pursue claims and seek relief against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and (2) you are waiving your right to seek relief in a court of law and to have a jury trial on your claims. Please see Section 14 for more information regarding this arbitration agreement, the possible effects of this arbitration agreement, and how to opt out of the arbitration agreement.

3. Purpose

Vanguard provides a platform offering various real estate investment strategies for acquiring properties from others. By utilizing the Vanguard website/mobile application and accessing any information and services provided through the application ("Services"), you are agreeing to be bound by this Agreement. However, the success of these Services relies on the adherence to the terms outlined in this Agreement by you and other Users (collectively referred to as "you," "your," or "Users"). While Vanguard will make every effort to enforce the terms of this Agreement, it cannot guarantee or represent that other Users will indeed adhere to these terms. Additionally, Vanguard cannot act as insurers or accept liability for their failure to do so.

4. Eligibility

By accessing or using the Services provided in any way, clicking on a button, or taking similar action to signify your explicit acceptance of this Agreement, you hereby represent that:

You have examined, read, understand, and wholly agree to be bound by this Agreement and any future amendments and additions to this Agreement as published from time to time within this link or through the Services;
You are 18 or older;
You have the authority to enter into the/a Agreement personally. Except as otherwise provided herein, if you do not agree to be bound by the Agreement, you may not access or use the Services; and
Use or access to these services confirms your acceptance that you will comply with all applicable laws, including those of the country, state and city in which you are present while using the Services.

5. Access

Access: Upon entering into this Agreement, you are granted a revocable license to access the Services without charge. However, your access is contingent upon your compliance with the terms outlined in this Agreement. We reserve the right to temporarily deny or permanently terminate your access privileges at any time, at our sole discretion, if you fail to abide by these terms or if we deem it likely that you will do so. Please note that granting you access does not obligate us to maintain the Services in their present form, and we expressly reserve the right to modify, suspend, or terminate access privileges.
Prohibited Uses: You acknowledge and agree that access to and use of the Services is for personal, non-commercial use only. You are prohibited from commercially exploiting any part of the Services.
Privileges Nontransferable: Your access privileges are strictly nontransferable and may not be transferred to any third party at any time.
Passwords and Security: You agree not to disclose your confidential password to anyone, and to notify us immediately if there has been a breach of your security that affects our Services.

6. Acceptable Use Policy

By using the Services, you agree that:

You will only use the Services for lawful purposes, and not for deceptive or fraudulent purposes; you will not send or store any unlawful material.
You will not use the Services to cause nuisance, annoyance or inconvenience.
You will not use the Services, or any content accessible through the Services, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any Users.
You will not violate the publicity or privacy rights of another individual.
You will not copy or distribute any content displayed through the Services.
You will not create or compile, directly or indirectly, any collection, compilation, or other directory from any content displayed through the Services except for your personal, noncommercial use.
The information you provide to us or otherwise communicate with us is accurate.
You will not use the Services in any way that could damage, disable, overburden or impair any of our servers, or the networks connected to any of our servers.
You will not attempt to gain unauthorized access to any part of the Services and/or to any service, account, resource, computer system and/or network connected to any of our servers.
You will not deep-link to the Services or access the Services manually or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy or monitor any portion of the Services or any content on the Services.
You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Services.

You will not impersonate another person, act as another entity without authorization, or create multiple accounts.

7. Information on our Services

While Vanguard always use our best efforts to ensure the accuracy and completeness of information provided on our Services, we cannot guarantee the accuracy, adequacy, quality, or suitability of any data on our Services and expressly disclaim liability for errors and omissions in the contents of our Services. Any use or reliance on any content or materials posted via the Services or obtained by you through the Services is at your own risk. Any link to a website or phone number owned by a third party does not constitute an endorsement, approval, association, sponsorship, or affiliation with the linked site or phone number.

8. Intellectual Property Ownership

Vanguard (and our licensors, where applicable) retain all right, title, and interest, including all related intellectual property rights, in and to the Services. This Agreement does not constitute a sale and does not transfer any ownership rights to you with respect to the Services or any intellectual property rights owned by us. Our name, logo, and the product names associated with the Services are our trademarks or the property of third parties, and no permission or license is granted to use them. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services.

9. Privacy

We have implemented a Privacy Policy detailing our practices regarding the collection and use of personal data. Please refer to this policy for information on how we gather and utilize your personal information. By accepting the terms of this Agreement, you are also consenting to our Privacy Policy, which is included herein by reference.

10. Third-Party Interactions

The Services may include links to or display content originating from third-party websites and advertisements (collectively referred to as "Third-Party Websites & Advertisements"). These Third-Party Websites & Advertisements are beyond Vanguard's control, and we disclaim any responsibility for them. We do not endorse, monitor, review, approve, warrant, or make any representations regarding these Third-Party Websites & Advertisements, their products, or services. Clicking on a link to a Third-Party Website or Advertisement will not result in a warning that you have left our Services, and you will not be notified that you are subject to the terms and conditions (including privacy policies) of another website or destination. Your use of all links in Third-Party Websites & Advertisements is at your own risk. It is your responsibility to review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, and to conduct any investigation you deem necessary or appropriate before engaging in any transaction with a third party.

11. Indemnification

You agree to indemnify and hold harmless Vanguard Ventures Realty LLC, as well as its officers, directors, employees, agents, and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines, and expenses, including attorneys’ fees and expenses, arising from (a) your misuse of the Services; (b) your violation of this Agreement; or (c) your violation of any applicable laws, rules, or regulations in connection with the use of the Services. In the event of any claim or proceeding covered by this Section, you agree to cover the defense costs of the Indemnified Party, including reasonable attorneys’ fees. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully. However, this provision does not require you to indemnify any Indemnified Party for unconscionable commercial practices, negligence, fraud, deception, false promise, misrepresentation, or omission of material facts related to the Services. You agree that these indemnification provisions will survive the termination of your account, this Agreement, or your access to the Services.

12. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES TO THE SERVICES MAY BE MADE PERIODICALLY AND AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING TEXT, GRAPHICS, OR LINKS. WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THEY ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MALWARE. IF YOUR USE OF THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR ANY ASSOCIATED ECONOMIC COSTS.

13. Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE), VANGUARD VENTURES REALTY LLC SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR DATA BREACH, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES, OR LIABILITIES (INCLUDING ATTORNEYS’ FEES) IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE TWO (2) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES, OR ANY OTHER ITEMS OR SERVICES PROVIDED BY US, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY OF NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT THE SERVICES (INCLUDING ANY SERVERS OR OTHER HARDWARE, SOFTWARE, AND ANY OTHER ITEMS USED OR PROVIDED BY US IN CONNECTION WITH THE SERVICES) ARE PROVIDED "AS IS" AND THAT WE MAKE NO WARRANTY THAT THE SERVICES WILL BE FREE FROM BUGS, FAULTS, DEFECTS, OR ERRORS OR THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED.

14. Dispute Resolution

PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT GOVERNS HOW DISPUTES BETWEEN YOU AND VANGUARD VENTURES REALTY LLC ("VANGUARD" OR "WE") ARE RESOLVED AND LIMITS YOUR ABILITY TO SEEK RELIEF THROUGH COURT PROCEEDINGS. THIS SECTION 14 OF THE AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT.

Scope of Arbitration Agreement. You agree that any dispute or claim arising from your access or use of the Services, your status as a consumer of our services, any advertising or marketing communications regarding us or our Services, any products or services sold or distributed through the Services that you received as a consumer, or any aspect of your relationship or transactions with us as a consumer of our services, shall be resolved by binding arbitration, except as follows:
You may assert claims in small claims court if your claims qualify, as long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
Either you or Vanguard may seek equitable relief in court for infringement or other misuse of intellectual property rights.

This Arbitration Agreement shall apply to all claims, without limitation, including those that arose or were asserted before the Effective Date of this Agreement.

IF YOU AGREE TO ARBITRATION WITH VANGUARD VENTURES REALTY LLC, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST US IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.

Informal Resolution. We believe that good-faith informal efforts to resolve disputes can often result in a prompt, low-cost, and mutually beneficial outcome. Before initiating arbitration, both parties agree to engage in a personal meeting and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this Arbitration Agreement. The party initiating the claim must provide written notice to the other party of its intent to initiate an informal dispute resolution conference within 60 days after receiving such notice, unless mutually agreed upon otherwise. To notify Vanguard of your intent to initiate an informal dispute resolution conference, email support@vanguardrealty.com providing your username associated with your Vanguard account (if any), the email address associated with your Vanguard account (if any), and a description of your claim.

Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration Act in all respects. To initiate an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our office at 30 N Gould Street, Suite R, Sheridan, WY 82801. The arbitration will be conducted by JAMS (Judicial Arbitration and Mediation Services) under its rules and pursuant to the terms of this Agreement.

Disputes involving claims and counterclaims under $250,000, excluding attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures, available at JAMS Streamlined Arbitration Rules. All other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at JAMS Comprehensive Arbitration Rules. JAMS’s rules are also accessible at www.jamsadr.com (under the Rules/Clauses tab) or by contacting JAMS at 800-352-5267.

Payment of all filing, administration, and arbitration fees will be governed by JAMS’s rules. If the arbitrator determines that you are unable to afford JAMS’s filing, administrative, hearing, and/or other fees and are unable to obtain a fee waiver from JAMS, Vanguard Ventures Realty LLC ("Vanguard") will cover these fees on your behalf. Furthermore, Vanguard will reimburse all such JAMS filing, administrative, hearing, and/or other fees for claims with an amount in controversy totaling less than $10,000.

If JAMS is unavailable to arbitrate, the parties will jointly select an alternative arbitral forum. You may choose to have the arbitration conducted by telephone, video conference, based on written submissions, or in person in the county where you reside or at another mutually agreed location.

Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will determine the rights and liabilities, if any, of you and Vanguard Ventures Realty LLC ("Vanguard"). The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. Furthermore, the arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow applicable law and has the same authority to award relief on an individual basis as a judge in a court of law would have. The arbitrator’s decision is final and binding on you and Vanguard Ventures Realty LLC.

Waiver of Jury Trial. YOU AND VANGUARD VENTURES REALTY LLC WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and Vanguard Ventures Realty LLC are instead electing to have claims and disputes resolved by arbitration, except as specified in Section 14 above. There is no judge or jury in arbitration, and court review of an arbitration award is limited.

Waiver of Class or Consolidated Actions. YOU AND VANGUARD VENTURES REALTY LLC AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor Vanguard Ventures Realty LLC is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth in Section 14.

Batch Arbitrations. To enhance the efficiency of dispute resolution, in the event that 100 or more similar arbitration demands against Vanguard Ventures Realty LLC, presented by or with the assistance of the same law firm or organization, are submitted to an arbitration provider selected in accordance with the rules described above within a 30-day period, the arbitration provider shall (i) organize the arbitration demands into batches of no more than 100 demands per batch (plus, to the extent there are fewer than 100 arbitration demands remaining after the batching described above, a final batch consisting of the remaining demands); and (ii) facilitate the resolution of each batch as a single arbitration with one set of filing and administrative fees and one arbitrator assigned per batch. You agree to cooperate in good faith with Vanguard Ventures Realty LLC and the arbitration provider to implement such a batch approach to resolution and fees.

Opt Out. You have the option to opt out of this Arbitration Agreement. Should you choose to do so, neither you nor Vanguard Ventures Realty LLC can compel the other party to arbitrate based on this Agreement. To opt out, you must notify Vanguard Ventures Realty LLC in writing no later than 30 days after initially becoming subject to this Arbitration Agreement. Your notice must include your name and address, your email address (if applicable), and a CLEAR statement expressing your desire to opt out of this Arbitration Agreement. Your opt-out notice must be sent to: support@vanguardventuresrealty.com. Should you opt out of this Arbitration Agreement, all other provisions of this Agreement will remain applicable to you. Opting out of this Arbitration Agreement will not affect any other arbitration agreements you may have entered into with us previously or may enter into with us in the future.

No Effect on Independent Contractor or Employment Agreement. NOTWITHSTANDING ANY PROVISIONS TO THE CONTRARY IN THIS AGREEMENT, IT IS HEREBY CLARIFIED THAT NOTHING IN THIS AGREEMENT SHALL SUPERSEDE, AMEND, OR MODIFY THE TERMS OF ANY SEPARATE AGREEMENT(S) BETWEEN YOU AND VANGUARD VENTURES REALTY LLC PERTAINING TO YOUR ENGAGEMENT AS AN EMPLOYEE OR INDEPENDENT CONTRACTOR. THIS INCLUDES, WITHOUT LIMITATION, ANY INDEPENDENT CONTRACTOR AGREEMENT GOVERNING YOUR SERVICES AS A CONTRACTOR.

Survival. This Arbitration Agreement will survive any termination of your relationship with us.

Modification.Notwithstanding any provision in the Agreement to the contrary, we agree that if we make any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to us.

15. Exclusive Venue

To the extent permitted under this Agreement for the parties to initiate litigation in court, both you and Vanguard Ventures Realty LLC agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively within the State of Texas, in courts situated in Randall County, Texas, or in federal court for the Northern District of Texas.

16. Termination

At our sole discretion, Vanguard Ventures Realty LLC may modify or discontinue the Services, or may modify, suspend, or terminate your access to the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Services, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, or injunctive redress. Even after your right to use the Services is terminated, this Agreement will remain enforceable against you. All provisions that by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.

17. Consent for SMS/Texting

If you provide a mobile number, Vanguard Ventures Realty LLC may send you information via text message as part of our Services. We do not charge to send or receive text messages as part of our Services. However, standard message and data rates may apply. Please consult with your wireless carrier for applicable text messaging fees.

Once your mobile device has been activated, you may reply CANCEL, END, QUIT, UNSUBSCRIBE, STOP, or STOPALL to opt out of our messaging service or contact us at support@vanguardventuresrealty.com. We may modify or terminate our text messaging services from time to time, for any reason and without notice, including the right to terminate text messaging without notice, without liability to you, any other user, or a third party.

By providing your mobile phone number for these services, you agree to receive text messages from Vanguard Ventures Realty LLC. You further agree to indemnify, defend, and hold us harmless from and against any and all claims, losses, liability, costs, and expenses (including reasonable attorneys’ fees) arising from (i) your provision of a mobile phone number that is not your own or (ii) your violation of applicable federal, state, or local law, regulation, or ordinance. Your obligation under this paragraph shall survive termination of the Agreement.

18. General

No Joint Venture or Partnership. No joint venture, partnership, employment, or agency relationship exists between you and Vanguard Ventures Realty LLC or any third-party provider as a result of this Agreement or use of the Services.

Choice of Law. This Agreement is governed by the laws of the State of California consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of any other jurisdiction.

Severability. Except as otherwise provided herein, if any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

Electronic Communications. For contractual purposes, you (1) consent to receive communications from us in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. This subparagraph does not affect your statutory rights.

Entire Agreement. This Agreement is the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

19. Contact Information

Email: support@vanguardventuresrealty.com