1. Acceptance of Terms
These Terms of Service (“Terms”) govern your access to and use of Quelark’s website, applications, AI assistant, forms, and related services (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.
2. Eligibility
You must be at least 18 years of age and legally able to enter binding contracts. By using the Services, you represent and warrant that you meet these requirements.
3. Nature of Services
Quelark is a real estate acquisition company. We purchase properties, structure creative financing transactions, and connect properties with investor buyers. We are not a licensed real estate brokerage (unless specifically noted), mortgage lender, attorney, financial advisor, or CPA. Information provided on the website, in our AI assistant responses, or in conversations is general information, not advice. Always consult licensed professionals for legal, financial, or tax decisions.
4. No Offer or Acceptance
Nothing on this website or in our chat assistant constitutes a binding offer to purchase your property or to buy, sell, or finance real estate. Any transaction is subject to a separate, written, fully-executed purchase agreement and applicable disclosures, inspections, and closings.
5. User Conduct
You agree not to:
- Use the Services for unlawful purposes or to violate any applicable law.
- Provide false, misleading, or fraudulent information.
- Attempt to gain unauthorized access to our systems, data, or accounts.
- Interfere with or disrupt the Services (including scraping, bot traffic, spam, or denial-of-service activity).
- Reverse engineer, decompile, or otherwise extract proprietary components of the Services.
- Misuse the AI assistant (prompt injection, attempts to exfiltrate system prompts, harassment, or illegal content).
6. Intellectual Property
All content on the Services — including text, graphics, logos, the Quelark wordmark and lark-Q icon, design elements, calculators, and software — is the property of Quelark or its licensors and is protected by U.S. and international copyright, trademark, and other laws. You may not copy, reproduce, or create derivative works without prior written permission.
7. User Submissions
By submitting content (forms, documents, photos, chat messages), you grant Quelark a non-exclusive, worldwide, royalty-free license to use, store, process, and share that content for the purpose of providing the Services and operating our business. You represent that you have the rights to grant this license.
8. AI Assistant Disclaimer
Quelark’s AI assistant provides informational responses generated using artificial intelligence (currently powered by Google’s Gemini model family). Responses may be incomplete, inaccurate, or outdated. The assistant is not a substitute for legal, tax, or financial advice. Do not make decisions based solely on AI-generated content. Do not share sensitive information (SSN, full account numbers, health data) in chat; we do not need it to make a preliminary offer.
9. Third-Party Services
The Services may incorporate or link to third-party content, APIs, or websites. Quelark is not responsible for third-party content or practices. Your use of third-party services is governed by their terms.
10. Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. QUELARK DISCLAIMS ALL LIABILITY FOR RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SERVICES.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, QUELARK, ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, ARISING FROM YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THE SERVICES SHALL NOT EXCEED $100.
12. Indemnification
You agree to indemnify and hold Quelark harmless from any claims, losses, liabilities, and expenses (including attorneys’ fees) arising from your breach of these Terms or misuse of the Services.
13. Governing Law & Venue
These Terms are governed by the laws of the Commonwealth of Pennsylvania and the United States, without regard to conflict-of-laws rules. Exclusive jurisdiction and venue for any dispute lies in the state or federal courts located in Montgomery County, Pennsylvania, unless specifically precluded by your state’s consumer-protection statutes.
14. Dispute Resolution & Arbitration
Any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except that either party may seek injunctive relief in court for IP or confidentiality breaches. You waive the right to a jury trial and to participate in a class action, to the extent permitted by law.
15. Changes to Terms
We may update these Terms at any time. Material changes will be posted on the website with a new “Last updated” date. Continued use of the Services constitutes acceptance of the updated Terms.
16. Termination
We may suspend or terminate your access to the Services at our discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, to Quelark, or to third parties.
17. Entire Agreement
These Terms, together with the Privacy Policy and any executed purchase agreement, constitute the entire agreement between you and Quelark concerning the Services.
18. Contact
Questions about these Terms? Email legal@quelark.com.