TERMS OF USE
Village Capital & Investment LLC Terms of Use
1. Acceptance of Terms and Eligibility
Welcome to Village Capital & Investment LLC (“Village Capital”). These Terms of Use (“Terms”) govern your access to and use of VillageCapital.com, its subdomains, and integrated applications (collectively, the “Services”).
- By accessing or using the Services, you agree to these Terms and our Privacy Policy and, where indicated, to receive calls and texts as described in Section 7 (Communications), which is not a condition of purchase.
- If you do not agree to these Terms, you must not use the Website.
- The Website is intended for individuals who are at least 18 years of age and reside within the United States or its territories.
- Village Capital reserves the right to revise these Terms at our sole discretion, with changes taking effect immediately upon posting.
2. Services Provided and Account Security
The Website facilitates access to mortgage and real estate resources, including home search tools. However, the Website does not provide specific financial, real estate, or legal advice, and any reliance on the information provided is solely at your own risk. You acknowledge that any mortgage or housing information is informational only and not a commitment to lend.
- To access certain features, you may be required to register for an account using accurate and current information.
- You are strictly responsible for maintaining the confidentiality of your account credentials.
- You must notify us immediately regarding any unauthorized access or suspected security breaches. You remain responsible for all activity under your account until you notify us of suspected compromise and we acknowledge receipt.
3. License and Prohibited Conduct
Village Capital grants you a limited, non-exclusive, revocable, and non-transferable license to access the Website for personal, non-commercial purposes.
- You agree not to use the Website to violate any federal, state, or local laws.
- You are prohibited from engaging in fraudulent practices, transmitting viruses or malicious code, or impersonating any individual or entity.
- You may not use automated means, such as bots or scrapers, to collect information or interfere with the Website’s infrastructure. Automated access, data mining, or scraping of consumer or property data is prohibited absent our prior written consent.
4. Intellectual Property
All content, trademarks, logos, text, graphics, and software on the Website are the exclusive property of Village Capital or its licensors and are protected by applicable intellectual property laws.
- You may not reproduce, modify, distribute, or publicly display any Website content without our express written permission.
- Third-party trademarks and logos used on the Website remain the property of their respective owners and are used solely for identification purposes.
- If you believe content infringes your rights, contact us at consumerhelp@villagecapital.com with a detailed notice.
5. Disclaimers and Limitations of Liability
THE SERVICES ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NOTHING IN THESE TERMS LIMITS OR EXCLUDES LIABILITY FOR: (A) WILLFUL MISCONDUCT OR GROSS NEGLIGENCE; (B) DEATH OR PERSONAL INJURY; (C) FRAUD; (D) VIOLATIONS OF APPLICABLE CONSUMER PROTECTION OR PRIVACY LAWS; (E) UNAUTHORIZED DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION; OR (F) INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, VILLAGE CAPITAL AND ITS AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES. IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES EXCEED THE GREATER OF $100 OR THE AMOUNTS YOU PAID FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM, SUBJECT TO THE CARVE‑OUTS ABOVE. ESTIMATED HOME VALUE REPORTS ARE MODEL‑GENERATED ESTIMATES, NOT APPRAISALS, AND SHOULD NOT BE RELIED UPON FOR LOAN ORIGINATION OR OTHER FINANCIAL PURPOSES.
6. Arbitration and Governing Law
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS FOR MOST DISPUTES.
- Agreement to Arbitrate. You and Village Capital agree that any claim or dispute arising out of or relating to these Terms or the Services, including claims under federal or state statutes (including the Telephone Consumer Protection Act), will be resolved by final and binding arbitration on an individual basis, except as provided below.
- Small Claims Carve‑Out. Either party may bring an individual action in small claims court if the claim is within that court’s jurisdiction.
- Class/Representative Action Waiver. YOU AND VILLAGE CAPITAL WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN CLASS, COLLECTIVE, OR REPRESENTATIVE ACTIONS IN COURT OR ARBITRATION. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF.
- Delegation. The arbitrator, and not any court, will have exclusive authority to resolve disputes relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of this agreement is void or voidable.
- Procedures and Fees. Arbitration will be conducted by a recognized arbitration provider under its applicable consumer rules, and the Company will pay filing, administrative, and arbitrator fees for claims up to $10,000, unless the claim is found to be frivolous.
- Opt‑Out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice to [address/email]. Opting out will not affect other provisions of these Terms.
- Governing Law and Venue. These Terms are governed by the laws of the State of Nevada without regard to conflict‑of‑law principles, and the Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement. Except for claims in small claims court, all proceedings are in arbitration, not in court.
7. Communications Policy
Village Capital utilizes various channels, including email, text messaging, and telephone, to ensure prompt client communication.
- Emails do not constitute formal signed writings, unconditional loan commitments, or electronic signatures unless explicitly stated.
- All communications sent to or from our team members may be monitored or recorded for quality assurance, fraud detection, and compliance purposes.
- We advise against transmitting sensitive or personally identifiable information via unsecured email, as the internet is an open network.
- Standard message and data rates may apply to text messages sent by or on behalf of Village Capital.