TERMS OF USE

Effective as of: September 1, 2018

This website (the “Site”) is the property of Leading Note Financial, LLC d/b/a Notable Land (“Company”). Please read these terms of use (“Terms”) before using this Site. Individuals must be 18 years of age or older to use this Site and you warrant that you are 18 years of age or older. By using this Site, you unconditionally agree to be bound by these Terms and all policies herein. If you do not agree to these Terms, do not access or use the Site. All users agree to be bound by any and all revisions and should periodically revisit this page to review the then current Terms.

Copyright and License

Copyright covers most of the contents of the Site, including, without limitation, the design, source code, text, graphics, images, photographs, video and audio files, other files, and data (collectively, the “Content”), and the selection, arrangement, structure, coordination, and “look and feel” thereof, are the property of Company, All Rights Reserved Copyright © 2018 Leading Note Financial, LLC and/or its licensors. You are granted a limited, non-sublicensable right to access this Site, and print the Content information published on this Site for your personal, non-commercial, and informational use in accordance with the Terms herein. The foregoing license grant does NOT include the right for you to:

  • Publicly perform, display, or publish any Content on broadcast, digital media, or commercial print publications media, or make other derivative uses of the Site or the Content.

  • Sell, market, distribute, or make commercial use of the Site or any Content.

  • Use frame or framing techniques to enclose any portion of this Site (including the images, graphics, or video found at this Site, any text, or the layout/design of any page or form contained on a page).

  • Collect and/or use any Content including the use of any robots, data spiders, or similar data gathering, mining or extraction methods.

Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Company or any third party.

Trademarks and Service Marks

The name of the Company and all of the other names and logos used on the Site to identify our products, product features or services, are all trademarks of Company (or, in a few cases, our vendors or business partners).

Privacy

By using cookies, this Site automatically recognizes the user’s IP address and collects information on which pages are visited and other aggregate information. We also use Google Analytics and Squarespace analytics tools Static IP addresses are considered personal information. For mobile users accessing the Site, we automatically collect your Unique Device Identifier which is also considered personal information. However, the user cannot be recognized as a specific individual simply from a Static IP address or UDI. In connection to ecommerce transactions, users may elect to voluntarily share their personally identifiable information with the Company. In connection thereto, Company may use third party services for credit card processing and other financial transactions. However, Company will not release credit card or financial information to unauthorized third parties. For more information regarding Company’s privacy policy, please visit our Privacy page.

Online Purchases

You must be 18 years of age (or the age of majority in your state) to use Company’s services. Company reserves the right to modify, suspend, or terminate any and all promotions, offers, or sales due to circumstances that may limit or otherwise restrict Company’s ability to fulfil an order including, but not limited to: (i) technical, hardware, or miscellaneous software malfunctions; viruses; network or electronic malfunctions of any kind; and (ii) any human error that may occur regarding promotions, offers, or sales.

Third Party Links

We provide links to websites and other content of third parties for related information. When using these external websites, these Terms do not apply so you should review that website’s terms and policies.

PROPERTYTRANSACTIONS

Company does not make any guarantees, either express or implied, as to the condition, location, accessibility or terrain of the property. The buyer of the property (the “Buyer”) hereby affirms that the property is being purchased “AS-IS,” subject to the parcel(s) current physical condition and location as found at the time of sale, subject to all existing covenants, conditions, restrictions, reservations, exploration rights, easements, rights of way, assessments, zoning of record and any land use restrictions.

Company does not guarantee the suitability of the property for any specific purpose and does not guarantee zoning. Buyer understands and agrees to follow all ordinances, regulations and procedures required by the county or other regulatory authorities before making any improvements on or to the land. Any fines and/or fees imposed by the county or other authorities as a result of Buyer’s actions shall be paid for solely by the Buyer.

No representations are made and Company does not guarantee the location accuracy of the photographs depicting the property on the Site. Buyers understand and agree that photos on the Site are for general representation and advertising purposes only. While the Site may include photos of the property, it may provide generic photos that do not depict the actual property. Prospective Buyers are permitted and are highly encouraged to physically conduct an onsite inspection of the property prior to purchase.

Buyer Warranty and Representation

Buyer hereby warrants and represents that said property is and has been purchased based on Buyer’s independent review and inspection and due diligence and not by or through any representation made by Company.

Purchases and Payments on this Site

Property may be purchased in full at the time of sale or financed and paid in installments (if financing is offered). If financing the purchase, Buyer will enter into a Land Contract and Promissory Note with Company, the terms of which are hereby incorporated herein by reference. For financed purchases, Buyer has ten (10) days after the sale date to return the completed and executed purchase and financing agreements.

Payments accepted on the site may be for the full purchase price at the time of sale, down payments, monthly recurring charges and reimbursement of taxes and fees. If financed, Buyer has the option to setup automatic recurring payments. Late payments are subject to the terms of the Land Contract.

Payments may be made by credit card, debit card or any other such method as Company may introduce or accept in its sole discretion. Company reserves the right to accept or refuse any payment made in any form.

By making a purchase on the Site, Buyer warrants that all payment information provided is truthful and accurate, Buyer is the holder (or authorized user) of the credit or debit card used to make payment, and Buyer authorizes the full transaction amount to be charged to the designated card.

Payment processing made on the Site using a credit or debit card is handled through a third-party payment provider. Credit card, debit card and related transaction data are held by the third-party payment provider(s).

Buyer shall not take possession of the property until payment is confirmed. Sales are on a first come, first served basis. If payment is made and the land is no longer available, payment shall be refunded.

Property Taxes and Other Fees

Property taxes and other fees which become due and payable on or after the sale date are the sole responsibility of the Buyer. If financing, Buyer is responsible for reimbursing Company for all property taxes and other fees until satisfaction of the terms of the Land Contract and recording of title conveying the property to the Buyer.

Title Conveyance

For purchases paid in full at the time of sale, Buyer provides Company the full name(s) to be reflected on the deed and the type of ownership (if Buyer elects to specify). Company shall deliver a deed conveying title with information about recording to Buyer. Company is not responsible for non-recorded deeds.

For purchases which are financed, the deed remains in the name of Company until the purchase price and all other amounts to be paid by the Buyer are fully paid as provided in the Land Contract. Upon satisfaction of the Land Contract, Buyer provides Company the full name(s) to be reflected on the deed and the type of ownership (if Buyer elects to specify). Company shall deliver a deed conveying title with information about recording to Buyer. Company is not responsible for non-recorded deeds.

Unless otherwise specified in the Buyer's real estate purchase agreement, deeds conveying title from Company to Buyer shall be provided without independent escrow or title insurance. Escrow for title transfer and title insurance are available at the Buyer's expense.

Title Defects

In the event title defects are discovered, Company shall strive to resolve such issues and Buyer hereby agrees that Company shall be allowed reasonable time to attempt to remedy any title issues. In the event a title issue is unable to be resolved to Company’s satisfaction (in its sole discretion), Company shall provide a refund of the purchase price.

Refund Policy

The Buyer acknowledges properties are sold AS-IS and assumes responsibility for all taxes and fees upon purchase of the property.

In the event a refund is requested by the Buyer, within four months of the date of sale, a refund will be issued for any reason. The amount of the refund will be the sum of payments made for the purchase of the property, less any recording fees, transfer taxes, notary and other costs to transfer the property back to the original seller. If the title has been recorded, Buyer agrees to cooperate and execute documentation to transfer title back to the original seller. Refunds will be issued after the required documentation has been delivered to the Company.

After four months from the date of sale, refunds are reviewed on a case by case basis. Notable Land strives for complete customer satisfaction, so please Contact Us to review the circumstances for the refund request. Eligibility for refunds after four months from the date of sale will be determined at Company’s sole discretion.

Charitable Contribution

Company makes contributions to One Tree Planted (“Charity”). Company determines, in its sole discretion, the amount and frequency of donations to the Charity. Contributions made by Company are not tax-deductible to customers of Company. The Charity has sole and complete control over the manner in which the contributions are used. Notable Land reserves the right to modify or discontinue support of the Charity at any time.

No Warranties

THIS SITE, AND THE CONTENT AND MATERIAL CONTAINED THEREIN, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY PROVIDED ON THE SITE, WE DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT RELATED TO THE INFORMATION, MATERIALS, CONTENT OR PROPERTY PURCHASED THROUGH THE SITE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR UNINTERRUPTED. WE DO NOT PROMISE THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. SOME STATES DO NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO CERTAIN USERS. IN ANY SUCH JURISDICTION, THE ABOVE EXCLUSIONS AND LIMITATIONS SHALL INSTEAD BE IMPUTED AS REWRITTEN SO AS TO APPROXIMATE THE ABOVE EXCLUSIONS AND LIMITATIONS TO THE FULLEST EXTENT PERMISSIBLE BY THE LAWS OF SUCH JURISDICTION.

WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO THE CONTENT OR MATERIAL, INCLUDING ANY SUCH ERRORS OR OMISSIONS RELATING TO PROMOTIONS, OFFERS, OR SALES ON THE SITE. WHILE WE ATTEMPT TO ENSURE THAT YOUR ACCESS AND USE OF THE SITE IS SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL USERS ACCESSING THIS SITE FROM OUTSIDE THE UNITED STATES OF AMERICA ASSUME FULL RESPONSIBILITY FOR COMPLIANCE WITH LOCAL LAWS, IF APPLICABLE.

Limitation of Liability

IN NO EVENT SHALL THE RELEASED PARTIES (AS DEFINED BELOW) BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, ARISING FROM YOUR USE OF THE SITE, EVEN IF THE RELEASED PARTIES HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED ELSEWHERE IN THESE TERMS AND CONDITIONS, THE RELEASED PARTIES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR ACCESS TO AND USE OF THE SITE.

Indemnification

In using this Site and/or purchasing Company’s properties, users expressly waive any and all claims that they may have against Company. You agree to indemnify, defend, and hold Company, its parent, affiliates, subsidiaries, directors, members, shareholders, officers, employees, agents, successors and assigns (collectively, the “Released Parties”), together with their respective licensors and suppliers, harmless from and against all losses, expenses, damages and costs, including, without limitation, reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site. You agree to be solely responsible for payment of all sums owing to any person or entity by virtue of the exposition of the Content or information on the Site.

ARBITRATION

Except to the extent pre-empted by federal or other applicable state law, the Terms shall be governed by the laws of the State of California, without giving effect to any conflict of law provisions thereof. Users agree thatall claims, disputes or controversies shall be resolved by final and binding arbitration in the County of Los Angeles, State of California. You and Company are agreeing to forego any rights to litigate claims in a court or before a jury or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court, such as access to discovery, may also be unavailable or may be limited in arbitration. This arbitration contract is made pursuant to a transaction in interstate commerce and its interpretation, application, enforcement and proceedings hereunder shall be governed by the federal arbitration act (“FAA”), and conducted by Judicial Arbitration and Mediation Services, Inc. (“JAMS”), in accordance with the JAMS comprehensive arbitration rules. The tribunal will consist of one arbitrator. The prevailing party shall be entitled to an award of its reasonable attorneys’ fees and actual costs incurred in such action. The arbitrator shall be bound to apply the Terms of Use and the arbitrator’s decision will be final, binding, and enforceable in a court of competent jurisdiction. Neither user nor Company shall be entitled to join or consolidate claims in arbitration by or against other consumers or arbitrate any claim as a representative or member of a class.

Further, in any such dispute, under no circumstances will users be permitted to obtain awards for, and they hereby waive all rights to claim, punitive, incidental or consequential damages (including reasonable attorneys' fees and costs), other than actual out-of-pocket expenses, and they further waive all rights to have damages multiplied or increased. You agree that the only damages to which you will be entitled shall be your actual damages associated with the Terms, subject to the limitations as set forth in Limitation of Liability above.

You may opt out of the arbitration provision contained in this agreement. You acknowledge and understand that this opt out provision is only effective in the event you notify Company in writing at service@notableland.com within 30 calendar days from the date of first use of the Site.

Miscellaneous

If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited to the minimum extent necessary and replaced with a valid provision that best embodies these Terms.