Terms of Use

1. Acceptance of Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you and Cash For Land Today ("Company," "we," "our," or "us"), operated by Peak Point Estates LLC, a business operating in Massachusetts, governing your access to and use of our website (www.cashforlandtoday.com) and related services (collectively, "Services").

BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. If you do not agree to these Terms, you must not access or use our Services.

2. Modifications to Terms

We reserve the right to modify, amend, or update these Terms at any time in our sole discretion. Changes will be effective upon posting to this page with an updated "Effective Date." Material changes will be communicated via email or prominent website notice. Your continued use of our Services after changes are posted constitutes acceptance of the modified Terms. You are responsible for reviewing these Terms periodically.

3. Eligibility

To use our Services, you must:

• Be at least 18 years of age
• Have legal capacity to enter into binding contracts under Massachusetts law and applicable jurisdiction
• Own or have legal authority to sell any property you submit to us (including power of attorney, estate executor status, etc.)
• Not be prohibited from using our Services under any applicable law

By using our Services, you represent and warrant that you meet these eligibility requirements.

4. Use of Services and Acceptable Use Policy

4.1 Permitted Use

You may use our Services only for lawful purposes and in accordance with these Terms.

4.2 Prohibited Conduct

You agree NOT to:

• Provide false, inaccurate, misleading, or incomplete information about yourself or any property
• Use our Services for any fraudulent, deceptive, or illegal purpose, including but not limited to wire fraud, mail fraud, or real estate fraud
• Impersonate any person or entity or falsely state affiliation with any entity
• Submit property information for property you do not own or lack authority to sell
• Interfere with, disrupt, or damage our Services or servers
• Attempt to gain unauthorized access to our systems, accounts, or networks through hacking, password mining, or any other means
• Use automated systems (bots, scrapers, spiders) to access our Services without written permission
• Violate any applicable federal, state, or local laws or regulations
• Infringe upon our intellectual property rights or those of others
• Harass, threaten, or harm our employees, agents, or other users

5. Property Submissions and Cash Offers

5.1 Non-Binding Preliminary Offers

When you submit information about your property, we may provide you with a preliminary cash offer. IMPORTANT DISCLOSURES:

• All preliminary offers are non-binding and subject to verification, due diligence, title review, property inspection, and final approval
• Preliminary offers are estimates only and may be modified, adjusted, or withdrawn based on additional information discovered during due diligence
• You are under no obligation to accept any offer
• We reserve the right to modify or withdraw any offer at any time before a signed purchase agreement is executed by both parties
• No binding contract exists until a formal written purchase agreement is signed by both you and an authorized representative of our Company
• Offers are valid for a limited time as specified and may expire without notice

5.2 Property Information and Representations

By submitting property information, you represent and warrant that:

• You own the property or have legal authority to sell it
• All information provided is true, accurate, complete, and not misleading to the best of your knowledge
• The property is free from undisclosed liens, encumbrances, title defects, or claims (or you have fully disclosed all known issues)
• You have disclosed all material facts affecting the property's value or condition
• You are not subject to any agreement, restriction, or legal proceeding that would prevent sale of the property
• You will cooperate with title examination, property inspection, and due diligence processes

5.3 No Guarantee of Purchase

Submitting property information or receiving a preliminary offer does NOT guarantee that we will purchase your property. We reserve the absolute right to decline any property or withdraw any offer for any reason or no reason, including but not limited to:

• Unsatisfactory title report or title defects
• Undisclosed liens, encumbrances, or claims
• Environmental issues or contamination
• Zoning violations or code enforcement actions
• Access issues or easement problems
• Material misrepresentation or fraud
• Change in market conditions
• Internal business decisions

6. No Agency or Fiduciary Relationship

IMPORTANT: We are principals (buyers) in any real estate transaction, NOT your agent, broker, or fiduciary. We do not represent your interests. You are encouraged to:

• Consult with your own real estate attorney
• Obtain independent legal and tax advice
• Conduct your own research and due diligence
• Seek multiple offers before making any decision

We have no duty to advise you regarding the value of your property, tax implications, legal matters, or whether selling to us is in your best interest.

7. Intellectual Property Rights

All content on our website and Services, including but not limited to text, graphics, logos, images, audio, video, software, designs, and compilation, is the exclusive property of Cash For Land Today or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works, publicly display, republish, download, store, or transmit any material from our Services without our prior written consent, except for personal, non-commercial use.

8. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES of merchantability, fitness for a particular purpose, title, and non-infringement
• WARRANTIES that the Services will be uninterrupted, timely, secure, or error-free
• WARRANTIES regarding the accuracy, reliability, or completeness of any content, information, or results obtained through the Services
• WARRANTIES that defects will be corrected or that our Services are free from viruses or harmful components

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CASH FOR LAND TODAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR:

• Any INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, including but not limited to damages for loss of profits, revenue, goodwill, use, data, or other intangible losses
• Any damages arising out of or related to: (a) your use or inability to use our Services; (b) any unauthorized access to or alteration of your data; (c) any conduct or content of third parties; (d) any offer made or withdrawn; (e) any property transaction or failure to transact

IN ANY EVENT, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED $100.00 USD.

These limitations apply regardless of the legal theory (contract, tort, strict liability, or otherwise) and even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so some limitations may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless Cash For Land Today, its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees and court costs) arising out of or related to:

• Your use or misuse of our Services
• Your violation of these Terms
• Your violation of any law or regulation
• Your violation of any rights of a third party
• Any false, inaccurate, or misleading information you provide about yourself or any property
• Any dispute arising from a real estate transaction involving your property
• Your breach of any representation, warranty, or covenant made in these Terms or any purchase agreement

11. Dispute Resolution and Arbitration

11.1 Governing Law

These Terms and any disputes arising out of or related to these Terms or our Services shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles.

11.2 Mandatory Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Any dispute, controversy, or claim arising out of or relating to these Terms or our Services (including the breach, termination, enforcement, interpretation, or validity thereof) shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules, except as modified by this Section.

Arbitration terms:

• Arbitration will be conducted in Massachusetts
• The arbitrator's decision shall be final and binding
• Judgment on the arbitration award may be entered in any court of competent jurisdiction
• Each party shall bear its own costs and fees, unless the arbitrator awards fees to the prevailing party
• CLASS ACTION WAIVER: You agree that any arbitration shall be conducted in your individual capacity only and not as a class action or other representative action. You expressly waive your right to participate in a class action.

11.3 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek injunctive or equitable relief in court to protect intellectual property rights or confidential information.

11.4 Venue

If for any reason arbitration does not apply, you agree that any legal action or proceeding shall be brought exclusively in the state or federal courts located in Massachusetts, and you consent to the personal jurisdiction of such courts.

12. Attorney Fees

In any legal action or arbitration arising out of or related to these Terms, the prevailing party shall be entitled to recover its reasonable attorneys' fees, court costs, and arbitration costs from the non-prevailing party.

13. Third-Party Links and Content

Our Services may contain links to third-party websites, services, or content that we do not own or control. We are not responsible for and do not endorse the content, privacy policies, or practices of any third-party websites or services. You access third-party websites at your own risk and subject to their terms and conditions.

14. Privacy and Data Collection

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your information.

15. Force Majeure

We shall not be liable for any failure or delay in performance of our obligations under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

16. Termination and Suspension

We reserve the right, in our sole discretion, to terminate or suspend your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We may terminate or suspend your access if we believe you have violated these Terms or engaged in fraudulent or illegal conduct.

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be made enforceable, it shall be severed from these Terms. The remaining provisions shall remain in full force and effect.

18. Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

19. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or policies published on our website, constitute the entire agreement between you and Cash For Land Today regarding your use of our Services and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral.

20. Assignment

You may not assign, transfer, or delegate these Terms or your rights and obligations hereunder without our prior written consent. We may freely assign, transfer, or delegate these Terms and our rights and obligations without restriction. Any attempted assignment in violation of this section shall be void.

21. Contact Information

If you have questions, concerns, or legal inquiries regarding these Terms, please contact us: