Terms and Conditions
Last updated: January 13, 2022
These Terms and Conditions govern your use of the website and application located at http://vestaequity.net and other sites owned and operated by Vesta Equity, LLC (“Vesta Equity,” “we,” “ us,” and “our”).
Vesta Equity is a global home equity marketplace that gives property owners access to the value in their property without loans and property investors the chance to build a portfolio of fractional residential real estate NFTs. Our solution, enabled by blockchain technology, allows property owners to tokenize their asset and sell a percentage to accredited investors on our marketplace. We also help accredited investors to easily access this multi-trillion market using blockchain and exchange technology to enable the trade of tokenized real estate assets on our marketplace.
By accessing http://vestaequity.net , you represent that you are over the age of 18 and you agree to abide by these Terms and Conditions and to comply with all applicable laws and regulations. If you do not agree with these Terms and Conditions, you are prohibited from using or accessing our Website or using any other services provided by us.
We reserve the right to review and amend any of these Terms at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms will take effect immediately from the date of publication.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEBSITE. THESE TERMS AND CONDITIONS GOVERN YOUR USE OF WEBSITE, AND ANY PURCHASES, POSTINGS AND TRANSACTIONS YOU MAKE, UNLESS WE HAVE EXECUTED A SEPARATE WRITTEN AGREEMENT WITH YOU FOR THAT PURPOSE. WE ARE ONLY WILLING TO MAKE THE WEBSITE AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS. BY USING THE WEBSITE, YOU ARE CONFIRMING YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ACCEPT THESE TERMS ON THAT ENTITY’S BEHALF, IN WHICH CASE “YOU” WILL MEAN THAT ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT ACCEPT ALL OF THESE TERMS, THEN WE ARE UNWILLING TO MAKE THE WEBSITE AVAILABLE TO YOU. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE PLATFORM.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
- Account means a unique account created for you to access our Service or parts of our Service.
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Company (referred to as either "the Company", "we", "us" or "our" in these Terms) refers to Vesta Equity, 680 E Colorado Blvd. Suite 180, Pasadena, California 91101.
- Country refers to: United States of America.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Marketplace refers to the Vesta Property Marketplace located on the Website.
- Service refers to the services offered on the Website.
- Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between you and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to Vesta Equity, accessible from http://vestaequity.net , and any subdomains thereof.
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
ACCOUNT AND REGISTRATION
Anyone can browse our Website without registering for an account, but you need an Account to access certain features of the Website, such as listing your property, uploading photos and making a transaction on the marketplace. By creating an Account with us, you represent and warrant that you have provided accurate and updated information and you will keep your Account password confidential.
An Account is approved through a thorough process of collecting and verifying information for digital identification (ID), Know Your Customer (KYC) and Anti-Money Laundering (AML) compliance purposes. During the process, we may ask for your name, address, date of birth and other identifying information. We may also ask for copies of your driver's license, passport, or other government ID documents and we may take steps to verify the accuracy of the information you provide in your account application.
We reserve the right at our discretion to disable and/or delete your account and remove your content, if you fail to comply with our Terms or may cause damage to our platform, infringe or violate the rights of any third party, or violate any laws or regulations.
We do not allow persons under the age of 18 to register on the Website.
VESTA PROPERTY MARKETPLACE
Vesta Property Marketplace is an open market of tokenized property equity, or Non-Fungible Token (NFT), where property owners and investors deal directly with one another to buy and sell.
For property owners, your Property will be professionally appraised and your ownership will be verified before your property is approved to be listed on the Marketplace. You will then be provided with a blockchain wallet and your property will be tokenized as an NFT. It is at your discretion to decide what percentage of the property you wish to sell and then list it on our Marketplace.
For investors, once your Account is approved, you can view all investment listings on the Marketplace. A blockchain digital wallet is required to be established or imported first before you can purchase tokenized property equity on the Marketplace.
FEES & TRANSACTIONS
All Marketplace transactions will be conducted in USDC stablecoins solely through the blockchain-backed network. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions.
We may charge fees for the use of the Service of certain features, now or in the future. You acknowledge that the prevailing rate of commissions and fees may change and that change may occur without notice. You agree to pay to us all applicable fees for the Service under your account at the then-current rates for such services (including any applicable taxes). Unless otherwise communicated, all fees and charges are nonrefundable
You grant to the Company a worldwide, non-exclusive, transferable, sublicensable, fully paid-up, royalty-free license to use, reproduce, modify (for formatting purposes only), distribute, and perform and display publicly your content in connection with provision of the Service to you or otherwise in connection with your permitted use of the Service. We may share your content with our affiliates, service providers and/or subcontractors in order to deliver, develop, or improve the Service.
You acknowledge and agree that you are solely responsible for the content you uploaded to our Website. We are not responsible for content uploaded by users. You represent and warrant that: i) you own the content you uploaded to our Website; ii) your content does not violate the privacy rights, copyrights, contractual rights, intellectual property rights or any other rights of a third party; and iii) you content does not violate applicable laws or regulations.
The Service and its original content (excluding content provided by you or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company. You agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Website. You further agree not to engage in or use any data mining, robots, scraping or similar data gathering method on the Website. All rights not expressly granted are reserved by Vesta Equity.
LIMITATIONS OF USE
By using the Website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:
- modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on the Website;
- remove any copyright or other proprietary notations from any materials and software on the Website;
- transfer the materials to another person or “mirror” the materials on any other server;
- knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service the Company provides;
- use the Website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
- use the Website or its associated services in violation of any applicable laws or regulations;
- use the Website in conjunction with sending unauthorized advertising or spam;
- harvest, collect, or gather user data without the user’s consent; or
- use the Website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
You further agree that you are solely responsible for your interactions with other users of the Platform. We reserve the right, but have no obligation, to become involved in your dispute with other users of the Website.
By using the Service, you will have access to confidential information of the Company and its affiliates and their respective clients, licensors and suppliers that may include, but is not limited to the names, business and financial information, business plans, operating agreements, investment memorandums, and customer names (collectively, “Confidential Information”). You agree to maintain and safeguard vigilantly the privacy and security of all Confidential Information. Without limiting the foregoing, you agree to undertake all necessary measures to ensure the privacy and security of all Confidential Information including without limitation: (i) to use the Confidential Information only for the purpose for which such Confidential Information was made available to you as a part of the Service (the “Permitted Purpose”) and for no other purpose whatsoever; (ii) not to access, use or disclose any Confidential Information that you have no legitimate authorization to access, use or disclose; (iii) not to access the Service or any Confidential Information for any other individual (except to the extent fully disclosed by you to the Company) or any unauthorized third party; (iv) not to disclose Confidential Information to any third-party except to your attorneys and financial advisors who need to know such information to assist you to carry out the Permitted Purpose (the “Representatives”) and which Representatives are bound by a written confidentiality agreement containing disclosure and use provisions no less restrictive with respect to disclosure than those set forth herein; (v) to restrict physical and system access to the equipment which contains Confidential Information or which gives access to the Confidential Information (such as by diligently locking and monitoring office premises and requiring password verification to gain access to desktop computers); and (vi) to use Confidential Information in compliance with all applicable laws.
You shall immediately notify, and cooperate fully with the Company in the event you discover or suspect any unauthorized use of or access to the Service and/or Confidential Information. You hereby agree that you shall be responsible hereunder for any breach or threatened breach by the Representatives of the obligations set forth in this section as if such breach or threatened breach was committed by you. You acknowledge and further agree that all obligations relating to Confidential Information under the Terms will continue after termination of the Terms and termination of access rights hereunder.
You agree that any questions, comments, suggestions, ideas, feedback, or other information you provided to us are not confidential information and you hereby grant to the Company a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such information as it deems appropriate, for any and all commercial or non-commercial purposes.
LINKS TO OTHER WEBSITES
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
You may terminate these Terms at any time by canceling your Account on the Website and discontinuing your access to and use of the Website. You agree that we, in our sole discretion and for any or no reason, may terminate these Terms and suspend and/or terminate your Account(s) for the Website. You agree that any suspension or termination of your access to the Website may be without prior notice, and that we will not be liable to you or to any third party for any such suspension or termination. If we terminate these Terms or suspend or terminate your access to or use of the Website due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity, then termination of these Terms will be in addition to any other remedies we may have at law or in equity. Upon any termination or expiration of these Terms, whether by you or us, you may no longer have access to information that you have posted on the Website or that is related to your Account, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party.
LIMITATION OF LIABILITY
Vesta Equity and its parents, subsidiaries, affiliates, officers, directors, agents or employees are not liable to you or any other person for any punitive, exemplary, consequential, incidental, indirect or special damages (including, without limitation, any personal injury, lost profits, business interruption, loss of programs or other data on your computer or otherwise) arising from or in connection with your use of the Services, whether under a theory of breach of contract, tort, negligence, strict liability, malpractice, any other legal or equitable theory or otherwise, even if Vesta Equity has been advised of the possibility of such damages. You hereby release Vesta Equity and hold it and its parents, subsidiaries, affiliates, officers, directors, agents and employees harmless from any and all claims, demands, and damages of every kind and nature (including, without limitation, actual, special, incidental and consequential), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Services. You waive the provisions of any state or local law limiting or prohibiting a general release.
The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. This limitation of liability also applies with respect to damages incurred by you by reason of any products or services sold or provided on any linked sites or otherwise by third parties other than Vesta Equity and received through the Services or any linked sites.
Without limiting the limitation of liability above, in the event of any problem with the Services, you agree that your sole and exclusive remedy is to cease using the Service. Under no circumstances shall Vesta Equity, its parents, subsidiaries, affiliates, officers, directors, agents or employees be liable in any way for your use of Services, including, but not limited to, any errors or omissions in the Service, any infringement by the Service of the intellectual property rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of the use of the Service. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
To the fullest extent permitted by Applicable Law, you will indemnify, defend and hold harmless the Vesta Equity and its past, present and future employees, partners, contractors, consultants, suppliers, vendors, service providers, agents, representatives, predecessors, successors and assigns (the “Indemnified Parties”) from and against all claims, demands, actions, damages, losses, costs and expenses (including attorneys’ fees) that arise from or relate to: (i) your use of the platform or any services, (ii) your responsibilities or obligations under these Terms, (iii) your violation of these Terms, or (iv) your violation of any rights of any other person or entity.
The Company reserves the right to exercise sole control over the defense, at your expense, of any claim subject to indemnification. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us.
The Service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
You accept the inherent security risks of providing information and dealing online over the internet, and agree that we have no liability or responsibility for any breach of security unless it is due to our gross negligence.
We will not be responsible or liable to you for any losses you incur as the result of your use of the blockchain network or an electronic wallet, including but not limited to any losses, damages or claims arising from: (a) user error, such as forgotten passwords or incorrectly construed smart contracts or other transactions; (b) server failure or data loss; (c) corrupted wallet files; (d) unauthorized access or activities by third parties, including but not limited to the use of viruses, phishing, bruteforcing or other means of attack against the Website, blockchain network, or an electronic wallet.
All smart contracts are conducted and occur through our code, and all transactions are recorded on the decentralized ledger within the blockchain network. For clarity, we have no control over and make no guarantees or promises with respect to the functionality of the blockchain and/or the execution of smart contracts and/or transactions.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
ASSUMPTION OF RISK
You accept and acknowledge each of the following:
The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of your tokenized property or other items, which may also be subject to significant price volatility. We cannot guarantee that any purchases of tokenized properties or other items will not lose money.
You are solely responsible for determining what, if any, taxes apply to your transactions. We are not responsible for determining the taxes that apply to your transactions on the Website or any blockchain.
We do not store, send, or receive NFTs. This is because NFTs exist only by virtue of the ownership record maintained on the Website’s supporting blockchain network. Any transfer of NFTs or cryptocurrencies occur within the supporting blockchain network, and not on the Website.
There are risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the blockchain network, however caused.
The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the our ecosystem, and therefore the potential utility or value of your NFTs.
Vesta Equity respects the intellectual property of others, and we ask our users to do the same. If you believe that your intellectual property rights have been violated in any way, please notify us immediately. Pursuant to the Digital Millennium Copyright Act (“DMCA”), you may raise a DMCA Takedown Request with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Platform, with enough detail that we may find it on the Platform;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Please email the request to firstname.lastname@example.org .
NOT INTENDED AS LEGAL, FINANCIAL OR TAX ADVICE
The Service is not intended as financial, investment, legal or tax advice and the Company does not intend to provide you with such advice or any other advice of any kind by providing the Service to you. Your use of the Website and any decisions you make to list your property or invest on our marketplace are at your sole risk.
ACCURACY OF MATERIALS
The materials appearing on our Website are not comprehensive and are for general information purposes only. The Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
EUROPEAN UNION (EU) USERS
If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
UNITED STATES LEGAL COMPLIANCE
You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if we have made them available to you on our Service. You agree that the original English text shall prevail in the case of a dispute.
If you have any questions about these Terms and Conditions, you can contact us:
- By email: email@example.com