Terms of Service

2. Service Description

Terra Capital, LLC provides the following services:

• Direct Property Purchases: We purchase properties directly for our own investment portfolio to renovate, resell, or hold as rental properties.
• Cash Offers: We provide cash offers for properties in various conditions throughout Colorado.
• Fast Closings: We offer expedited closings, often within 7-14 days, depending on the transaction.

No Guarantee of Purchase

Submission of a form on our Website does not guarantee that Terra Capital, LLC will make an offer on your property or complete a purchase. All offers are made at our sole discretion based on our internal evaluation criteria. We reserve the right to decline any property for any reason.

3. User Responsibilities

By using our Website and services, you agree to the following:

Accurate Information

You agree to provide accurate, current, and complete information about yourself and any property you submit for evaluation. Providing false or misleading information may result in the termination of negotiations or legal action.

Authority to Sell

You represent and warrant that you have the legal authority to sell the property you are submitting for evaluation. This includes having proper ownership, power of attorney, executor authority, or other legal standing to conduct a sale.

No Fraudulent Submissions

You agree not to submit fraudulent, misleading, or deceptive information. You will not impersonate another person or entity, or make claims about property ownership that are false.

Compliance with Laws

You agree to comply with all applicable federal, state, and local laws and regulations when using our Website and engaging in any transaction with Terra Capital, LLC.

4. Investment Disclosure

Below-Market Offers

Because we are investors and not retail buyers, our offers will typically be less than what you might receive on the open market through a licensed real estate agent. This discount compensates for the risk we assume, the speed of transaction, the as-is purchase condition, and the certainty of a cash close.

Contract Assignment Rights

Terra Capital, LLC reserves the right to assign any purchase contract to a third-party investor or entity before closing. In such cases, the assignee will complete the purchase under the same terms as the original contract. You will be notified of any assignment.

Professional Advice Recommended

We strongly encourage you to consult with a licensed real estate attorney, accountant, and/or licensed real estate agent before accepting any offer on your property. They can help you understand the full implications of selling your property to an investor versus listing on the open market.

5. No Warranties

THE WEBSITE AND ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

Website Availability

We do not guarantee that the Website will be available at all times, uninterrupted, secure, or free from errors. We may modify, suspend, or discontinue the Website at any time without notice.

Offer Amounts

We make no guarantees regarding the amount of any offer we may provide. Initial estimates are subject to verification and may change based on property inspection, title review, or other factors discovered during due diligence.

Transaction Completion

We do not guarantee that any transaction will be completed. All purchases are subject to satisfactory due diligence, clear title, and other conditions that may be specified in our purchase agreements.

6. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, TERRA CAPITAL, LLC AND ITS MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO:

• Your use of or inability to use the Website
• Any decision not to purchase your property
• The amount of any offer made or not made
• Any delay or failure to complete a transaction
• Any information obtained through the Website or our services

Maximum Liability

In no event shall Terra Capital, LLC's total liability to you exceed the amount of direct damages actually incurred, not to exceed One Thousand Dollars ($1,000) for any claims arising from or related to use of the Website or services.

Assumption of Risk

You use this Website and engage with our services at your own risk. You assume full responsibility for evaluating the accuracy, completeness, and usefulness of any information or content provided.

7. Indemnification

You agree to indemnify, defend, and hold harmless Terra Capital, LLC, its members, managers, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Website or services
• Your violation of these Terms
• Your violation of any law or the rights of a third party
• Any false, misleading, or fraudulent information you provide
• Any claim that you lacked authority to sell a property you submitted
• Any transaction or attempted transaction involving your property

8. Intellectual Property

Website Content

All content on this Website, including but not limited to text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations, and software, is the property of Terra Capital, LLC or its content suppliers and is protected by United States and international copyright laws.

Trademarks

"Terra Capital," "Terra Capital, LLC," and our logo are trademarks of Terra Capital, LLC. You may not use our trademarks without our prior written permission.

Prohibited Uses

You may not reproduce, distribute, modify, display, perform, prepare derivative works from, republish, download, store, or transmit any content from this Website without our prior written consent, except as follows:

• You may temporarily store copies in RAM incidental to accessing the Website
• You may store files automatically cached by your browser
• You may print pages for personal, non-commercial use

9. Governing Law

Choice of Law

These Terms and any dispute arising out of or related to these Terms or your use of the Website shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions.

Venue

Any legal action or proceeding arising out of or related to these Terms or the Website shall be brought exclusively in the state or federal courts located in Colorado. You consent to the personal jurisdiction of such courts.

Property Location Venue

For disputes related to a specific property transaction, venue may also be proper in the county where the property is located within the State of Colorado.

10. Modifications to Terms

Terra Capital, LLC reserves the right to modify or replace these Terms at any time at our sole discretion.

Notice of Changes

When we make changes to these Terms, we will update the "Last Updated" date at the top of this page. For material changes, we may provide additional notice, such as a prominent announcement on our Website.

Continued Use

Your continued use of the Website after any modification to these Terms constitutes your acceptance of the modified Terms. If you do not agree with the modifications, you must stop using the Website.

Review Recommendation

We encourage you to periodically review these Terms to stay informed of any updates.

11. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms.

The remaining provisions shall continue in full force and effect, and the invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the intent of the original provision.

If such modification is not possible, the invalid provision shall be severed and the remaining Terms shall be enforced as if the invalid provision were not included.

12. Contact Information

If you have any questions about these Terms of Service, please contact us: