Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Varden Homes LLC ("Varden," "we," "us," or "our") governing your access to and use of the Varden property management platform, including our website, mobile applications, APIs, and related services (collectively, the "Service").

By accessing or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms, and "you" refers to both you individually and that organization.

THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (SECTION 20) THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.

1. Eligibility and Account Registration

1.1 Eligibility

To use our Service, you must:

• Be at least 18 years old
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Service under applicable law
• Not have been previously banned or removed from our Service

1.2 Account Registration

To access certain features, you must register for an account. By registering, you agree to:

• Provide accurate, current, and complete information during registration and keep it updated
• Maintain the security and confidentiality of your login credentials
• Immediately notify us of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account
• Use only one account per person (unless authorized for property management purposes)

1.3 Account Types

We offer different account types:

• Landlord/Property Owner Accounts: For individuals or entities who own or manage rental properties
• Property Manager Accounts: For professionals managing properties on behalf of owners
• Seller Accounts: For individuals listing properties for sale by owner (FSBO) through our platform
• Buyer Accounts: For individuals searching for, inquiring about, or purchasing properties listed on our platform
• Tenant Accounts: For individuals renting properties managed through our platform
• Applicant Accounts: For individuals applying to rent properties

2. Description of Service

Varden provides a property management platform that enables landlords, property managers, and tenants to streamline rental operations. Our Service includes:

• Rent Collection: Automated rent collection via ACH bank transfers and debit/credit cards
• Digital Leases: Lease creation, customization, and electronic signature capabilities
• Tenant Screening: Credit checks, criminal background checks, and eviction history reports
• Maintenance Management: Request tracking, vendor coordination, and work order management
• Property Listings: Listing creation and syndication to third-party rental platforms
• Financial Reporting: Income/expense tracking, financial reports, and tax document generation
• Communication Tools: Messaging between landlords and tenants
• Document Storage: Secure storage for leases, receipts, and property documents
• Home Sale Listings: For-sale-by-owner (FSBO) listing creation, photo management, and buyer inquiry tools
• Pricing Tools: Algorithmic pricing estimates based on comparable sales data (not professional appraisals)
• Sale Document Templates: State-specific purchase agreement templates, seller disclosure forms, lead paint disclosures, and addenda
• Buyer Messaging: Private messaging between sellers and verified buyers, showing scheduling

Varden is a software platform only. We are not a real estate broker, real estate agent, property manager, law firm, appraiser, title company, escrow agent, or financial advisor. We do not provide legal, tax, appraisal, or investment advice. We do not negotiate transactions, hold funds in escrow, conduct title searches, or facilitate closings. Users should consult qualified professionals for specific advice regarding their properties, transactions, and legal obligations. See our Platform & Agency Disclosure for complete details.

3. Fees and Payment Terms

3.1 Platform Fees

Varden charges the following fees:

• Rent Collection Fee: 2.5% of collected rent, deducted automatically when rent payments are processed
• ACH Payments: No additional fee for standard ACH transfers
• Card Payments: 2.9% + $0.30 processing fee (paid by tenant unless landlord elects to absorb)
• Expedited Payouts: 1% fee for same-day or next-day payouts (optional)
• Security Deposits: No platform fee. Funds transfer directly to the landlord's account.
• Varden Dispatch Contractor Marketplace: A platform fee of up to 5% is charged on completed job payments processed through the Varden Dispatch contractor marketplace. Fee rates vary by plan tier. See dispatch.vardenhomes.com/pricing for current fee tiers.
• Home Sale Service Fee: 1.5% of the sale price, charged to the seller at closing for technology services including: listing creation and syndication, document template generation, buyer inquiry management, showing scheduling, pricing analytics, and transaction coordination tools. This fee is for actual services rendered by Varden's technology platform and is not a referral fee, commission, or broker fee. Varden does not act as a real estate broker or agent.

3.2 Tenant Screening Fees

• Basic Screening: $35 per applicant (credit, criminal, eviction)
• Comprehensive Screening: $45 per applicant (includes income verification)

Screening fees are typically paid by the applicant but may be paid by the landlord.

3.3 Payment Terms

• Fees are non-refundable unless otherwise stated or required by law
• We reserve the right to modify fees with 30 days' notice
• Failure to pay fees may result in suspension or termination of your account
• All fees are in U.S. dollars

3.4 Taxes

You are responsible for all applicable taxes (excluding taxes on our net income). We may collect and remit sales tax where required by law. For landlords receiving $600 or more in payouts, we will issue a 1099-K or 1099-MISC as required by the IRS.

4. Payment Processing

4.1 Payment Processor

Payment processing services are provided by Stripe, Inc. and its affiliates. By using our payment features, you agree to be bound by the Stripe Connected Account Agreement, which includes the Stripe Terms of Service.

4.2 Agency Relationship and Payment Facilitation

Varden acts solely as the limited agent of the payee (landlord, property owner, or seller) for the purpose of accepting and processing payments from tenants or buyers. By using our Service:

• Landlords and sellers ("Payees"): You hereby appoint Varden as your limited payment collection agent solely for the purpose of accepting rent payments, security deposits, application fees, and sale proceeds from tenants and buyers on your behalf. This appointment is limited to payment collection and does not constitute a general agency, partnership, or joint venture.
• Tenants and buyers ("Payors"): You acknowledge that a payment made to Varden on behalf of a landlord or seller shall be considered the same as a payment made directly to the landlord or seller. Upon successful processing of your payment by Stripe, your payment obligation to the landlord or seller is satisfied, regardless of whether Varden subsequently remits such payment to the landlord or seller.
• Varden does not hold, pool, or commingle user funds in any Varden-controlled account. All payments flow directly through Stripe to the designated payee's connected Stripe account. Platform fees are deducted by Stripe as application fees at the time of payment processing.
• This agency relationship is established solely for the limited purpose described above and does not create any fiduciary duty beyond the duty to remit payments as described herein.

4.3 Payment Types and Fund Flow

• Rent Payments: Processed as direct charges on the landlord's connected Stripe account. The landlord is the merchant of record. Platform fees are deducted automatically as application fees.
• Security Deposits: Processed as direct charges on the landlord's connected Stripe account with zero platform fee. Funds transfer immediately to the landlord. Varden does not hold, escrow, or manage security deposits. Stripe is not a bank and does not provide FDIC-insured escrow accounts. Upon receipt of security deposit funds, landlords are solely and exclusively responsible for immediately transferring such funds to a separate escrow or trust account at an FDIC-insured financial institution as required by applicable state and local laws. This includes, but is not limited to, requirements for: (a) maintaining deposits in separate, designated accounts; (b) using in-state financial institutions where required; (c) providing written notice to tenants of the account name, address, and account number; (d) accruing and paying interest on deposits where required; and (e) providing itemized deduction statements upon move-out within statutory timeframes. Failure to comply with state security deposit laws may result in penalties including forfeiture of the deposit, treble damages, and attorney's fees. Varden bears no liability for a landlord's failure to comply with security deposit laws.
• Home Sale Payments: Earnest money and closing funds are processed as separate charges with transfers. Funds are held by Stripe (not Varden) until closing conditions are confirmed, at which point they transfer to the seller. Varden does not act as an escrow agent. For escrow services, parties should engage a licensed escrow company or title company.

4.4 Landlord/Property Owner Payouts

• Rent payments are deposited to your linked bank account after processing
• Standard payouts are processed within 2-3 business days
• You must provide accurate banking information and complete identity verification
• We may hold payouts for fraud prevention, disputes, or compliance reasons

4.5 Bank Account Verification

Bank account verification for ACH payments is handled through Stripe. By linking your bank account, you authorize Stripe to verify account ownership and process ACH transfers as described in theStripe Terms of Service.

4.6 Chargebacks and Disputes

• You are responsible for any chargebacks or payment disputes related to your transactions
• We may deduct chargeback amounts and fees from your balance or future payouts
• Excessive chargebacks may result in account suspension or termination

4.7 Tax Reporting

For landlords and sellers receiving payments through our platform, Stripe will issue IRS Form 1099-K for gross payment volume meeting or exceeding the applicable reporting threshold ($600 as of 2024). You are responsible for providing accurate tax information (SSN or EIN) to Stripe during onboarding. Varden does not provide tax advice; consult a qualified tax professional regarding your reporting obligations.

5. Tenant Screening Services

5.1 Consumer Reports

Our tenant screening service provides consumer reports as defined by the Fair Credit Reporting Act (FCRA). As a user of consumer reports, you agree to:

• Use reports only for the permissible purpose of evaluating applicants for residential rental housing
• Obtain written authorization from each applicant before requesting a report
• Provide a clear and conspicuous disclosure to applicants that a consumer report may be obtained
• Not use reports to discriminate against applicants based on protected characteristics

5.2 Adverse Action Requirements

If you take adverse action based wholly or partly on information in a consumer report, you must:

• Provide the applicant with a written adverse action notice
• Include in the notice: the name and address of the consumer reporting agency, a statement that the agency did not make the decision, and the applicant's right to obtain a free copy of their report and dispute its accuracy
• Comply with all applicable FCRA requirements for adverse action notices

5.3 Record Retention

You agree to maintain records of your tenant selection criteria, applicant authorizations, and adverse action notices for at least 5 years, or longer if required by applicable law.

5.4 Liability for Misuse

You are solely responsible for ensuring your use of consumer reports complies with the FCRA and all applicable state and local laws. You agree to indemnify Varden for any claims arising from your misuse of consumer reports.

6. Landlord Responsibilities

As a landlord or property owner using our Service, you represent, warrant, and agree that:

6.1 Legal Compliance

• You own the properties or have legal authority to manage them
• You will comply with all applicable federal, state, and local laws, including fair housing laws
• You will not discriminate against any person based on race, color, religion, sex, national origin, familial status, disability, or any other protected class
• You will comply with all landlord-tenant laws in your jurisdiction
• You will properly handle security deposits in accordance with applicable law

6.2 Property Responsibilities

• You will maintain properties in habitable condition as required by law
• You will make required disclosures (lead paint, mold, bed bugs, etc.)
• You will respond to maintenance requests in a timely manner
• Property listings will be accurate and not misleading

6.3 Financial Responsibilities

• You will report rental income for tax purposes as required by law
• You will keep accurate financial records
• You will pay all platform fees when due

7. Tenant Responsibilities

As a tenant using our Service, you represent, warrant, and agree that:

• All information provided in applications and your account is accurate and complete
• You will make rent payments on time as specified in your lease agreement
• You will communicate through the platform for maintenance requests and other matters
• You will comply with all terms of your lease agreement
• You will maintain accurate and current contact information
• You will not use the Service to commit fraud or misrepresent your qualifications

8. Seller Responsibilities

As a seller listing property for sale on our Service, you represent, warrant, and agree that:

• You are the legal owner of the property or have written authorization to sell on behalf of the owner
• All property information, descriptions, photos, and disclosures you provide are accurate, complete, and not misleading
• You will comply with all federal, state, and local disclosure requirements, including lead-based paint disclosure for pre-1978 homes
• You will comply with all applicable fair housing laws and will not discriminate against potential buyers based on any protected characteristic
• You understand that Varden is a technology platform and does NOT act as your agent, broker, or legal representative
• You will consult with a licensed real estate attorney before executing any purchase agreement or other legal document
• You are responsible for arranging title search, title insurance, escrow, and closing services through qualified professionals
• You will not use Varden's pricing tools as a substitute for professional appraisals and understand they are algorithmic estimates only
• You will not use the platform to facilitate money laundering, fraud, or any other illegal activity
• You acknowledge that document templates provided by Varden are for convenience only and may not comply with all requirements in your jurisdiction
• You are solely responsible for verifying the identity and qualifications of potential buyers
• You understand that Varden does not guarantee any transaction outcomes, including sale price or time to sell

9. Buyer Responsibilities

As a buyer using our Service to search for, inquire about, or purchase properties, you represent, warrant, and agree that:

• All information you provide, including identity information and pre-qualification documents, is accurate and complete
• You will not use the platform to harass, defraud, or misrepresent your intentions to sellers
• You will conduct your own due diligence on any property, including inspections, appraisals, and title searches
• You understand that property information is provided by sellers and is not independently verified by Varden
• You will comply with all applicable fair housing laws
• You will consult with a licensed real estate attorney before executing any purchase agreement
• You understand that Varden does NOT act as your agent, broker, or legal representative
• You are responsible for securing your own financing, insurance, and legal representation
• You will verify all wiring instructions by phone before transferring any funds and will not rely on email instructions alone
• You understand that Varden does not hold earnest money, facilitate closings, or provide title services

10. Real Estate Transaction Compliance

10.1 RESPA Disclosure

For transactions involving residential real estate purchases, the Real Estate Settlement Procedures Act (RESPA) may apply. Varden provides the following disclosures:

• Varden's Home Sale Service Fee (1.5%) is compensation for actual technology services provided by Varden's platform, including but not limited to: property listing creation and hosting, photo management, buyer inquiry routing, showing scheduling tools, document template generation, pricing analytics, transaction status tracking, and secure messaging between parties.
• Varden does not receive referral fees, kickbacks, or unearned fees from any settlement service provider, including title companies, escrow agents, lenders, inspectors, or attorneys.
• Varden does not require the use of any particular settlement service provider as a condition of using our platform. You are free to shop for and select your own title company, escrow agent, lender, inspector, and attorney.
• Varden is a technology platform, not a real estate brokerage, and does not provide brokerage services, negotiate on behalf of any party, or participate in the closing of real estate transactions.

10.2 Fair Housing

All users must comply with the Fair Housing Act and applicable state and local fair housing laws. Varden prohibits discrimination in housing based on race, color, religion, sex, national origin, familial status, disability, or any other characteristic protected by law. Violations will result in immediate account termination and may be reported to the appropriate authorities.

10.3 Wire Fraud Warning

WARNING: Real estate transactions are frequent targets of wire fraud. NEVER send wire transfers based solely on email instructions. Always verify wiring instructions by calling a known phone number for the recipient. Varden will never send wiring instructions by email. If you receive suspicious communications, contact us immediately at security@vardenhomes.com.

11. Electronic Signatures and Communications

11.1 Electronic Signature Consent

By using our Service, you consent to:

• Conduct transactions and sign documents electronically
• Receive documents, notices, and disclosures electronically
• Be bound by documents you sign electronically with the same legal effect as handwritten signatures

Our electronic signature functionality complies with the Electronic Signatures in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA). See our E-Sign Consent for details.

11.2 Electronic Communications

You consent to receive communications from us electronically, including via email, SMS, push notifications, and in-app messages. You may opt out of marketing communications but not transactional communications necessary to provide the Service.

12. Intellectual Property

12.1 Our Intellectual Property

The Service, including all content, features, functionality, software, and trademarks, is owned by Varden and protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Service without our prior written consent.

12.2 Your Content

You retain ownership of content you upload to the Service (property photos, documents, messages). By uploading content, you grant us a non-exclusive, worldwide, royalty-free license to use, store, display, and distribute your content as necessary to provide the Service.

12.3 Feedback

Any feedback, suggestions, or ideas you provide about our Service become our property, and we may use them without compensation or attribution to you.

13. Prohibited Uses

You agree not to:

• Use the Service for any illegal purpose or in violation of any laws
• Violate fair housing laws or discriminate against any person
• Post false, misleading, or fraudulent content
• Harass, threaten, or abuse other users
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to the Service or other accounts
• Use automated tools to scrape, data mine, or extract data from the Service
• Circumvent security measures or access restrictions
• Reverse engineer, decompile, or disassemble the Service
• Use the Service to send spam or unsolicited communications
• Impersonate another person or misrepresent your identity
• Upload malware, viruses, or other malicious code

See our Acceptable Use Policy for additional details.

14. Disclaimers

14.1 Service Provided "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

14.2 No Warranty

WE DO NOT WARRANT THAT:

• The Service will be uninterrupted, secure, or error-free
• Results obtained from the Service will be accurate or reliable
• Any errors or defects will be corrected
• The Service will meet your specific requirements

14.3 Third-Party Services

We are not responsible for the actions, content, or policies of third-party services integrated with our platform, including payment processors, screening providers, and listing partners.

14.4 No Professional Advice

Varden does not provide legal, tax, financial, or real estate advice. Information provided through our Service is for general informational purposes only. You should consult qualified professionals for advice specific to your situation.

14.5 User Interactions

We are not responsible for the conduct of users on our platform. You are solely responsible for your interactions with other users, including landlords, tenants, and applicants.

15. Limitation of Liability

15.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VARDEN, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR:

• Loss of profits, revenue, data, or goodwill
• Business interruption or loss of business opportunity
• Cost of substitute services
• Personal injury or property damage
• Any damages arising from your use or inability to use the Service
• Any unauthorized access to or alteration of your data
• Any conduct or content of any third party on the Service

EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15.2 Cap on Liability

OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF:

• The amount you paid to Varden in the twelve (12) months preceding the claim, OR
• One hundred U.S. dollars ($100)

15.3 Basis of the Bargain

THE DISCLAIMERS AND LIMITATIONS IN SECTIONS 14 AND 15 ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND VARDEN. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

16. Indemnification

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

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property or privacy rights
• Your violation of any applicable laws, including fair housing, FCRA, or landlord-tenant laws
• Content you submit to the Service
• Your interactions with other users
• Claims by tenants, applicants, or other third parties related to your use of the Service

17. Termination

17.1 Termination by You

You may terminate your account at any time by contacting us or through your account settings. Termination does not relieve you of any obligations incurred prior to termination, including payment of fees.

17.2 Termination by Varden

We may suspend or terminate your account immediately, without notice, if we believe you have:

• Violated these Terms or any applicable law
• Engaged in fraudulent, abusive, or illegal activity
• Created risk or legal exposure for Varden
• Materially breached any agreement with us

17.3 Effect of Termination

Upon termination:

• Your right to use the Service ceases immediately
• You remain responsible for all fees and obligations incurred
• We may delete your account data after a reasonable retention period
• Provisions intended to survive termination will remain in effect

17.4 Data Export

You may request export of your data within 30 days of termination. After 30 days, we may delete your data in accordance with our data retention policies.

18. Modifications to Service and Terms

18.1 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation.

18.2 Terms Modifications

We may update these Terms from time to time. When we make material changes, we will notify you by email or through a prominent notice on our Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

19. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

20. Dispute Resolution and Arbitration

20.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact us at legal@vardenhomes.com to attempt to resolve any dispute informally. We will attempt to resolve disputes within 60 days.

20.2 Binding Arbitration

IF INFORMAL RESOLUTION FAILS, YOU AND VARDEN AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL BE RESOLVED BY BINDING ARBITRATION, rather than in court, except that either party may seek injunctive or other equitable relief in court.

Arbitration will be conducted by JAMS under its Streamlined Arbitration Rules. The arbitration will be held in:

• The county where you reside, if you are an individual consumer
• Sheridan, Wyoming, for all other disputes

20.3 Class Action Waiver

YOU AND VARDEN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

20.4 Arbitration Fees

For claims under $10,000, Varden will reimburse your filing fees and pay JAMS fees if you cannot afford them. For claims over $10,000, fees will be allocated as determined by JAMS rules.

20.5 Exceptions

This arbitration agreement does not apply to:

• Claims in small claims court (if eligible)
• Claims for injunctive or equitable relief
• Claims related to intellectual property rights

20.6 Opt-Out

You may opt out of the arbitration agreement by sending written notice to legal@vardenhomes.com within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out.

21. Additional Terms

21.1 Entire Agreement

These Terms, together with our Privacy Policy, Acceptable Use Policy, and any other policies incorporated by reference, constitute the entire agreement between you and Varden regarding the Service.

21.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

21.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

21.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

21.5 Force Majeure

We will not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including natural disasters, wars, terrorism, labor disputes, government actions, internet or telecommunications failures, or pandemics.

21.6 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights, except as expressly stated.

22. Contact Us

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