Terms of Service

Last Updated: August 21, 2025

1) Who We Are

These Terms of Service (“Terms”) govern your use of the website operated by Arcola Capital Partners, a located at https://arcolapartners.com/ (the “Site”) and any services, content, tools, or features offered through the Site (collectively, the “Services”).

By accessing or using the Services, you agree to these Terms and our Privacy Policy (incorporated by reference). If you do not agree, do not use the Services.

2) What We Do (Wholesale Disclosure)

We are real estate wholesalers. We market our equitable interest in purchase agreements or connect principals who may wish to buy, sell, or assign interests in real property. We are not real estate brokers or agents unless expressly stated and licensed in the relevant jurisdiction. We do not represent buyers or sellers as agents, and we do not provide legal, tax, or financial advice. You should consult your own attorney, CPA, or advisor before entering any transaction.

3) Eligibility

You must be at least 18 years old (or the age of majority in your location) and able to form a binding contract to use the Services.

4) No Agency; No Brokerage (Unless Stated)

Unless we clearly disclose otherwise for a specific deal and jurisdiction:

We act as principals in our transactions or as assignors of an equitable interest.

We do not list properties for others or represent others as a broker.

Any referral fees or similar compensation will only be paid where permitted by law and may require licensure.

5) Equal Housing / Fair Housing

We comply with the Fair Housing Act and all applicable state and local fair housing laws. We do not discriminate on the basis of race, color, religion, sex, handicap, familial status, national origin, gender identity, sexual orientation, or any other protected class.

6) Your Responsibilities

You agree to:

Provide accurate information and not misrepresent your identity or authority.

Perform your own due diligence on any property, including title, condition, repairs, zoning, liens, taxes, rents, and ARV/market value.

Obtain your own professional advice (legal, tax, financial, inspection, appraisal).

Comply with all applicable laws (including marketing, fair housing, do-not-call/TCPA, email spam laws, assignment and disclosures).

7) Property Information; No Warranties

All property information, numbers, photos, comps, ARV, rent estimates, repair estimates, and maps provided by us or via the Site are for informational/marketing purposes only and are not guaranteed. Values and estimates are opinions only. You must verify all information independently.

8) Offers, Earnest Money & Assignments

Any “cash price,” “assignment fee,” or “terms” we share are subject to contract and seller/assignee approval.

Deals may be first-come, first-served based on receipt of acceptable proof of funds and non-refundable earnest money (where applicable and permissible by law).

You acknowledge that you acquire no interest in a property until a fully executed contract or assignment agreement is in place.

We may market our equitable interest and collect an assignment fee where permitted.

9) User Accounts

If you create an account:

Keep credentials confidential and secure.

You’re responsible for all activity under your account.

We may suspend or terminate accounts for violations of these Terms or applicable law.

10) Acceptable Use

You agree not to:

Scrape, spider, crawl, or harvest data from the Site without written consent.

Upload or post unlawful, infringing, defamatory, or misleading content.

Attempt to interfere with or disrupt the Site (including security testing without authorization).

Use the Services to send unlawful spam, robocalls, or texts without proper consent.

11) Communications Consent (Email/SMS/Calls)

By providing a phone number or email, you consent to receive transactional and marketing communications (including autodialed or prerecorded calls/texts) from us and our service providers, subject to our Privacy Policy. Message/data rates may apply.

Text STOP to opt out of marketing texts; Text HELP for help.

Consent is not a condition of purchase. We honor opt-out requests and applicable laws (e.g., TCPA, CAN-SPAM, state DNC lists).

12) User-Submitted Content & Leads

If you submit property leads, comments, photos, or other content:

You represent you have the right to share it and it’s accurate and lawful.

You grant us a nonexclusive, worldwide, royalty-free license to use, reproduce, and display it in connection with the Services.

We may contact property owners or parties related to any lead you submit.

You will not submit content that violates the rights of others or any law.

13) Non-Circumvention (Introductions Through the Site)

If we introduce you (directly or via the Site) to a seller, buyer, or property tied to a specific deal, you agree not to circumvent us for that deal for 12 months from the introduction date. If you do, you agree that we may be entitled to our customary assignment/referral fee or other equitable relief to the extent permitted by law.

14) Intellectual Property

The Site and its content (logos, text, graphics, photos, videos, software) are owned by us or our licensors and protected by law. You may not copy, distribute, modify, or create derivative works without our prior written consent.

15) Third-Party Services & Links

We may use or link to third-party services (title companies, CRM, comp tools, payment processors, e-signature platforms). We are not responsible for third-party sites, terms, or privacy practices. Your use of them is at your own risk and may be subject to their terms.

16) Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

17) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE (AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR ANY TRANSACTION. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID US IN THE 3 MONTHS PRECEDING THE CLAIM.

18) Indemnification

You agree to indemnify and hold us harmless from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) your use of the Services; (b) your content or leads; (c) your violation of these Terms or applicable law; or (d) any transaction you enter related to information from the Site.

19) Privacy

Your use of the Services is subject to our Privacy Policy (posted on the Site), which explains how we collect, use, share, and safeguard personal information.

20) Electronic Signatures & Notices

You consent to transact electronically and sign documents via e-signature platforms compliant with the E-SIGN Act and applicable state laws. We may provide notices via email, SMS, in-app messages, or posting on the Site.

21) Compliance; State-Specific Rules

Real estate, assignments, marketing, telemarketing, recording calls, and contract laws vary by state and locality. You agree to comply with the laws of the State of [Governing State—e.g., Michigan] and the locality where each property is located, including any required disclosures, licensure, and recording consent rules.

22) Suspension/Termination

We may suspend or terminate access to the Services at any time for any reason, including violation of these Terms or applicable law. Sections intended to survive termination will do so (e.g., 10–19, 21–26).

23) Changes to the Services or Terms

We may update the Services and these Terms from time to time. Changes are effective when posted with the “Last Updated” date. Your continued use after changes means you accept the updated Terms.

24) Dispute Resolution; Arbitration; Class Waiver

Please read this carefully. To the fullest extent permitted by law:

Any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration on an individual basis under the rules of JAMS (or another comparable forum) before a single arbitrator.

Class actions and class arbitrations are not permitted.

You and we may seek relief in small claims court for qualifying disputes.

You and we may seek injunctive or equitable relief in a court of competent jurisdiction to protect IP or confidential information.

This Section is governed by the Federal Arbitration Act. If any part is found unenforceable, the remainder will still apply to the extent permitted.

25) Governing Law & Venue

These Terms are governed by the laws of the State of [Governing State—e.g., Michigan], without regard to conflicts of law principles, except that the FAA governs arbitration. Subject to the arbitration provision, exclusive venue for any permitted court action will be in the state or federal courts located in [County/State], and you consent to personal jurisdiction there.

26) Miscellaneous

Entire Agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Services.

Severability. If any provision is unenforceable, the remainder remains in effect.

No Waiver. Our failure to enforce a provision is not a waiver.

Assignment. You may not assign these Terms without our consent; we may assign them as part of a merger, sale, or reorganization.

Headings. Headings are for convenience only.

27) Contact Us

Arcola Capital Partners
110 Hibiscus trail,
[email protected] | (678) 698-5046