Canyon Capital Fund

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TERMS & CONDITIONS

Welcome to Canyon Capital Fund (“we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to, and use of, our website located at www.canyoncapitalfund.com (“Site”) and our services. By accessing or using our Site and services, you agree to comply with and be bound by these Terms. If you do not agree with any part of these Terms, you must discontinue your use of our Site and services immediately.

1. ACCEPTANCE OF TERMS

By accessing or using our Site and services, you affirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and Canyon Capital Fund. If you do not agree to these Terms, you must not access or use our Site or services. Your continued use of our Site and services signifies your acceptance of these Terms, as they may be updated from time to time.

2. OUR SERVICES

Canyon Capital Fund specializes in purchasing and selling residential properties “as-is” in Phoenix, Arizona. We offer homeowners a streamlined process to sell their properties quickly without the need for repairs, renovations, or traditional real estate commissions. Our services include:

  • Property Evaluation: Assessing your property’s value based on current market conditions
  • Offer Presentation: Providing fair, no-obligation cash offers for your property
  • Closing Facilitation: Assisting with the legal and administrative processes to finalize the sale

3. USE OF OUR SERVICES

Our core service is to connect sellers with potential buyers or investment partners. By submitting your information to us, you authorize us to:

  • Share Your Information: Provide your contact and property details to our network of partners to facilitate communication and potential transactions
  • Contact You: Reach out via phone, email, or other communication methods regarding your property and our services

We do not require you to sign a physical contract to use our services. Your use of our Site and services constitutes your agreement to these Terms.

4. ELIGIBILITY

To access and use our services, you must meet the following criteria:

  • Age Requirement: You must be at least 18 years old or the age of majority in your jurisdiction
  • Legal Capacity: You must have the legal authority and capacity to enter into a binding contract
  • Property Ownership: You must be the lawful owner of the property you intend to sell or have explicit authorization to act on behalf of the property owner
  • Compliance with Laws: You must not be prohibited from using our services under applicable laws and regulations

By using our services, you represent and warrant that you meet all the eligibility requirements stated in these Terms.

5. USER RESPONSIBILITIES

5.1. Accurate Information

You agree to provide true, accurate, current, and complete information about yourself and your property as prompted by our forms or requested by our team. This includes, but is not limited to:

  • Personal Details: Full name, contact information, and identification
  • Property Details: Accurate description, condition, and legal status of the property
  • Financial Obligations: Any liens, mortgages, or debts associated with the property

Providing false or misleading information may result in the suspension or termination of your access to our services and potential legal action.

5.2. Compliance with Laws

You agree to comply with all applicable federal, state, local, and international laws, regulations, and ordinances in connection with your use of our services. This includes real estate laws, consumer protection laws, and any other regulations relevant to property transactions.

5.3. Confidentiality

You agree to maintain the confidentiality of any non-public information you obtain through your use of our services, including information about potential buyers, partners, and any proprietary business information of Canyon Capital Fund. You must not disclose such information to any third party without our prior written consent, except as required by law.

5.4. Account Security

If you create an account on our Site, you are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account or any other breach of security.

6. PROPERTY TRANSACTIONS

6.1. No Obligation

Submitting your property information does not obligate you to sell your property to us or any of our partners, nor does it obligate Canyon Capital Fund to purchase your property. The submission serves as an expression of interest and allows us to evaluate your property for potential offers.

6.2. Offers and Due Diligence

Any offers made by Canyon Capital Fund are conditional and subject to a thorough due diligence process, which may include:

  • Property Inspections: Physical examination of the property’s condition
  • Title Searches: Verification of legal ownership and any liens or encumbrances
  • Valuation Assessments: Determination of the property’s fair market value based on current market conditions

Offers are not binding until all due diligence is satisfactorily completed, and a formal agreement is executed by all parties involved.

6.3. “As-Is” Transactions

We purchase properties in their current condition, commonly referred to as “as-is.” This means:

  • No Repairs Required: You are not obligated to make any repairs or improvements to the property unless explicitly agreed upon in writing
  • Disclosure Obligations: You must disclose any known material defects or issues with the property as required by law
  • Understanding of Condition: Buyers accept the property in its present state, acknowledging any disclosed defects or issues

6.4. Transaction Terms

Specific terms and conditions of any property sale, including price, closing date, and any contingencies, will be outlined in a separate purchase agreement between you and Canyon Capital Fund.

7. INTELLECTUAL PROPERTY RIGHTS

7.1. Ownership of Content

All content, features, and functionality available on or through our Site—including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, software, and the compilation thereof—is the property of Canyon Capital Fund or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

7.2. Limited License

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Site and services for your personal, non-commercial use only. This license does not include any rights to:

  • Modify or Reproduce: Copy, modify, or create derivative works of the Site or its content
  • Commercial Use: Use the Site or its content for commercial purposes without our express written consent
  • Data Mining: Use any data mining, robots, or similar data gathering and extraction tools
  • Framing or Mirroring: Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information without our express written consent

7.3. Trademarks

“Canyon Capital Fund” and all related names, logos, product and service names, designs, and slogans are trademarks of Canyon Capital Fund or its affiliates or licensors. You must not use such marks without our prior written permission.

7.4. Feedback and Submissions

If you submit feedback, suggestions, or ideas to us regarding our services, you agree that we may use them without any restriction or compensation to you.

8. PROHIBITED ACTIVITIES

You agree not to engage in any of the following prohibited activities:

  • Unlawful Use: Using the Site or services for any illegal purpose or in violation of any local, state, national, or international law
  • Misrepresentation: Providing false, misleading, or inaccurate information to us or our partners
  • Interference: Interfering with or disrupting the operation of the Site or services, servers, or networks connected to the Site
  • Unauthorized Access: Attempting to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site
  • Automated Access: Using any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission
  • Data Harvesting: Collecting or harvesting any personally identifiable information from the Site, including account names or email addresses
  • Reverse Engineering: Decompiling, reverse engineering, or otherwise attempting to obtain the source code of the Site or services
  • Impersonation: Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity
  • Harassment: Engaging in any harassing, threatening, intimidating, predatory, or stalking conduct

Violation of any of these prohibitions may result in immediate termination of your access to the Site and services and may subject you to legal action.

9. CONFIDENTIALITY

9.1. Definition of Confidential Information

“Confidential Information” refers to any non-public, proprietary information disclosed by Canyon Capital Fund to you, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. This includes, but is not limited to, business strategies, financial information, customer lists, and proprietary methodologies.

9.2. Obligations

You agree to:

  • Use Limitations: Use Confidential Information solely for the purpose of engaging in transactions contemplated by these Terms
  • Non-Disclosure: Not disclose Confidential Information to any third party without our prior written consent
  • Protection Measures: Take all reasonable measures to protect the confidentiality of the Confidential Information, which shall be no less than the measures you use to protect your own confidential information

 

9.3. Exceptions

The obligations of confidentiality do not apply to information that:

  • Public Domain: Is or becomes publicly available without breach of these Terms
  • Independent Development: Was independently developed by you without use of or reference to the Confidential Information
  • Legal Requirement: Must be disclosed pursuant to legal, judicial, or regulatory proceedings, provided you give us prompt notice of such requirement and cooperate in any efforts to prevent or limit the disclosure

10. PRIVACY POLICY

Your use of our Site and services is also governed by our Privacy Policy, which describes how we collect, use, and disclose your personal information. By using our Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. We encourage you to read the Privacy Policy carefully to understand our practices.

11. DISCLAIMERS

11.1. “As-Is” and “As Available” Basis

Our Site and services are provided on an “as-is” and “as-available” basis without any warranties of any kind, either express or implied. While we strive to provide accurate and reliable information, we make no representations or warranties regarding the completeness, accuracy, reliability, suitability, or availability of the Site or the information, products, services, or related graphics contained on the Site for any purpose.

11.2. No Warranty

To the fullest extent permissible under applicable law, Canyon Capital Fund disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, and security and accuracy. We do not warrant that:

  • Error-Free: The Site or services will be uninterrupted, timely, secure, or error-free
  • Defect Correction: Any defects or errors will be corrected
  • Virus-Free: The Site or servers are free of viruses or other harmful components
  • Reliability: The results obtained from the use of the Site or services will be accurate or reliable

12. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event shall Canyon Capital Fund, its affiliates, licensors, service providers, employees, agents, officers, or directors be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or relating to your access to, or use of, or inability to access or use the Site or services, or any materials or content on the Site, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, even if Canyon Capital Fund has been informed of the possibility of such damages.

12.1. Cap on Liability

In no event shall Canyon Capital Fund’s total liability to you for all damages exceed the amount of one hundred U.S. dollars ($100.00). The existence of more than one claim will not enlarge this limit.

12.2. Exceptions

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Canyon Capital Fund and its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

  • Your Use: Your use of the Site and services
  • Breach of Terms: Your violation of these Terms
  • User Content: Any information you provide or submit to us, including but not limited to any misrepresentation of information or infringement of third-party rights
  • Violation of Laws: Your violation of any law, regulation, or the rights of any third party

We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with us in asserting any available defenses.

14. TERMINATION

14.1. Termination by Canyon Capital Fund

We reserve the right, in our sole discretion, to terminate or suspend your access to all or part of the Site or services at any time, with or without notice, for any reason, including but not limited to violation of these Terms or any applicable law.

14.2. Effect of Termination

Upon termination, your right to use the Site and 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.

14.3. Termination by You

You may terminate these Terms by discontinuing your use of the Site and services and deleting any accounts you have created on the Site.

15. DISPUTE RESOLUTION

15.1. Mandatory Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the breach thereof shall be resolved through binding arbitration administered by a recognized arbitration organization, such as the American Arbitration Association, in accordance with its rules and procedures.

15.2. Arbitration Procedure

  • Location: The arbitration shall take place in Phoenix, Arizona, unless otherwise agreed by the parties
  • Governing Law: The arbitrator shall apply Arizona law consistent with the Federal Arbitration Act and applicable statutes of limitations
  • Award: The arbitrator’s decision shall be final and binding, and judgment on the award may be entered in any court having jurisdiction

15.3. Class Action Waiver

You agree that any arbitration shall be conducted on an individual basis and not as a class, consolidated, or representative action. The arbitrator shall not consolidate more than one person’s claims or preside over any form of a representative or class proceeding.

15.4. Exceptions

Notwithstanding the foregoing, both parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

16. GOVERNING LAW

These Terms and any disputes arising out of or relating to these Terms or our services shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

17. CHANGES TO TERMS

We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Site and services thereafter. Your continued use of the Site and services following the posting of revised Terms means that you accept and agree to the changes. It is your responsibility to check this page periodically for updates.

18. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and any other legal notices published on the Site, constitute the entire agreement between you and Canyon Capital Fund concerning your use of the Site and services. They supersede all prior or contemporaneous communications, agreements, and understandings, whether oral or written, between you and Canyon Capital Fund with respect to the subject matter hereof.