Terms of Service

Welcome to sellwithspd.com. These Terms of Service (“Terms,” “Agreement”) govern your access to and use of the websites, mobile features, content, property evaluation tools, and real estate services provided by Strategic Pointe Developers, Inc. (“SPD,” “Company,” “we,” “us,” or “our”). Please read this Agreement carefully. It contains important provisions affecting your legal rights, including mandatory binding arbitration, a waiver of class actions, warranty disclaimers, and liability limitations.

By accessing or using our Services, submitting property details, or requesting an offer, you agree to be bound by these Terms and our [Privacy Policy], which is incorporated herein by reference. If you do not agree to these Terms, do not use our website or services.

1. General Provisions

1.1 Eligibility & Use

• Age & Residency: You must be at least 18 years old and a resident of the United States to use our Services.
• Lawful Use: You agree to comply with all applicable local, state, and federal laws and regulations in connection with your use of our Services.
• Right to Refuse: We reserve the right to refuse service, terminate access, or decline property evaluations at our sole discretion.
  

1.2 Intellectual Property & Limited License

All text, logos, graphics, trademarks, software code, videos, and layouts available on sellwithspd.com are the exclusive property of Strategic Pointe Developers, Inc. or its licensors. We grant you a limited, revocable, non-exclusive, non-transferable license to access our site for personal, non-commercial purposes. You may not copy, scrape, modify, reproduce, distribute, or reverse-engineer any portion of our site without our prior express written consent.

1.3 Prohibited Conduct

You agree that you will not:

1. Impersonate any person or misrepresent your affiliation or ownership of a property.
2. Submit inaccurate, misleading, fraudulent, or defamatory property or contact information.
3. Use automated bots, spiders, or scrapers to harvest data, contact lists, or real estate listings.
4. Attempt to disrupt, damage, overburden, or impair the security or performance of our servers or website.
   

1.4 No Professional, Legal, or Financial Advice

Strategic Pointe Developers, Inc. is a real estate investment and development company, not a law firm, accounting firm, or certified financial advisory.

• Any information, preliminary estimates, or educational materials provided through our website, phone calls, or emails are for informational purposes only.
• You are strongly encouraged to consult independent legal counsel, certified public accountants (CPAs), or licensed financial planners prior to executing binding real estate agreements.
  

2. Communications & Messaging Consent (TCPA Compliance)

2.1 Express Written Consent

By submitting your telephone number and contact details through our forms, you confirm that you are the authorized subscriber and provide your express written consent for Strategic Pointe Developers, Inc. and its representatives to contact you via phone calls, SMS/MMS text messages, and email regarding property evaluations, cash offers, and transaction logistics.

2.2 Automated Technology & Rates

• Communications may be generated using automated telephone dialing systems, artificial/AI-assisted voices, or prerecorded voice messages.
• Consent is not a condition of sale or purchase.
• Standard message and data rates may apply depending on your cellular provider.
• Phone calls may be recorded or monitored for quality assurance and training.
  

2.3 Opt-Out Instructions

You may opt out of text messages at any time by replying STOP or by otherwise reasonably communicating your request to us. For assistance with text messaging, reply HELP or contact us at info@sellwithspd.com. To opt out of emails, use the unsubscribe link in our messages or email info@sellwithspd.com with your request.

3. Real Estate Offer & Service-Specific Terms

3.1 Invitations to Evaluate; Preliminary Estimates

Any preliminary cash figures, automated range estimators, or initial pricing quotes provided on our website or over the phone are non-binding preliminary estimates and do not constitute formal appraisals or firm contractual commitments. A binding offer only exists when formalized in an executed written Purchase and Sale Agreement signed by an authorized corporate officer of Strategic Pointe Developers, Inc.

3.2 Property Eligibility Criteria

To be eligible for an SPD Cash Offer or structured selling solution:

1. You must be the legal record owner of the subject property or an authorized legal representative (e.g., executor of an estate, holder of power of attorney).
2. The property must be located within our operating service markets in Roanoke and surrounding counties in Southwest Virginia.
3. The property and title must meet our underwriting and physical criteria following our inspection.
   

3.3 Independent Representation & Brokerage Disclosure

• Principal Capacity: When Strategic Pointe Developers, Inc. makes an offer to purchase your home directly, we are acting as a principal buyer on our own behalf, not as your real estate agent or broker. We do not represent you in a fiduciary capacity as a seller’s agent.
• Option 4 (Realtor Partner Network): If you elect our option to list your home on the open market through a trusted licensed Realtor in our network, your agency relationship will be governed under a separate, formal Virginia Listing Agreement directly with that licensed broker/agent.
  

3.4 Post-Closing Responsibilities

Upon the successful closing of your home sale, you must vacate the property by the agreed date in your purchase contract and set up official mail forwarding with the U.S. Postal Service. Strategic Pointe Developers, Inc. assumes no responsibility or liability for mail, packages, or personal property left behind after closing.

4. Property Walkthroughs & On-Site Visits

4.1 Authorized Entry

During physical walkthroughs, assessments, or open viewings of SPD properties or homes under contract:

• Walkthroughs are conducted strictly by appointment for the purpose of property condition evaluation.
• Anyone visiting must be accompanied by an SPD representative or have written authorization.
• Minors under 18 must be accompanied by an adult legal guardian.
  

4.2 Prohibited Activities On-Site

While on any premises owned by, contracted with, or being evaluated by SPD, you agree not to:

1. Smoke, vape, or consume alcoholic beverages or illegal substances.
2. Bring firearms, weapons, or hazardous materials onto the premises.
3. Remove fixtures, appliances, or materials, or cause any damage to the property.
4. Circumvent or tamper with lockboxes, security systems, or entry mechanisms.
   

4.3 Assumption of Risk

You enter any property undergoing inspection, renovation, or viewing at your own discretion and risk. To the fullest extent permitted by Virginia law, you assume all risk for personal injury, slips, falls, or property damage sustained while visiting a property, except where caused directly by the gross negligence or willful misconduct of SPD personnel.

5. "As-Is" Conveyances (Purchasing from SPD)

If you enter into a contract to purchase a property from Strategic Pointe Developers, Inc., or to acquire a contractual interest from Strategic Pointe Developers, Inc. where permitted by applicable law:

• As-Is, Where-Is: Unless explicitly stated otherwise in the final Purchase Agreement, the property is conveyed in an “AS IS, WHERE IS, AND WITH ALL FAULTS” condition.
• No Implied Warranties: SPD disclaims any and all implied warranties, including warranties of habitability, merchantability, or fitness for a particular purpose, or the workmanship of past repairs.
• Independent Inspections: Buyers are strongly encouraged to hire licensed Virginia home inspectors, structural engineers, and pest inspectors to evaluate the home prior to closing.
  

6. Disclaimers & Limitation of Liability

6.1 "As Is" Website Disclaimer

OUR WEBSITE, CONTENT, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. SPD DISCLAIMS ALL WARRANTIES, INCLUDING ACCURACY, COMPLETENESS, TITLE, AND NON-INFRINGEMENT.

6.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STRATEGIC POINTE DEVELOPERS, INC., ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH:

1. YOUR USE OF OR INABILITY TO USE OUR WEBSITE OR SERVICES;
2. ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA;
3. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES;
4. ANY TRANSACTION OR NEGOTIATION REGARDING YOUR REAL PROPERTY, EXCEPT AS SPECIFICALLY SET FORTH IN A FORMALLY EXECUTED PURCHASE AND SALE AGREEMENT.
   

7. Indemnification

You agree to defend, indemnify, and hold harmless Strategic Pointe Developers, Inc., its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising from:

1. Your violation of these Terms;
2. Any inaccurate or misleading information you provide regarding property ownership or property condition;
3. Your infringement or violation of any third-party rights or applicable laws.
   

8. Dispute Resolution, Binding Arbitration & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT LIMITS YOUR RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

8.1 Mandatory Informal Resolution

Prior to initiating formal legal proceedings, you and SPD agree to attempt to resolve any dispute, claim, or controversy (“Claim”) informally for at least thirty (30) days by sending a written notice of dispute to info@sellwithspd.com.

8.2 Binding Arbitration

If the Claim cannot be resolved through informal negotiations within 30 days, both parties agree that the Claim will be settled exclusively by binding individual arbitration administered in accordance with the rules of the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

• The Federal Arbitration Act (FAA) governs the interpretation and enforcement of this section.
• The arbitration hearing shall take place in Roanoke, Virginia, or virtually if mutually agreed.
  

8.3 Class Action Waiver

YOU AND STRATEGIC POINTE DEVELOPERS, INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

8.4 Small Claims Court Exception

Notwithstanding the above, either party retains the right to bring an individual action in a small claims court of competent jurisdiction located in Roanoke City or Roanoke County, Virginia, provided the matter remains within that court's jurisdictional limits.

8.5 30-Day Arbitration Opt-Out

You have the right to opt out of this binding arbitration provision by sending written notice of your decision to info@sellwithspd.com within thirty (30) days of your first visit or use of our website. The notice must contain your full legal name, home address, phone number, and a clear statement opting out of arbitration.

9. Governing Law & Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without giving effect to any conflict of law principles. To the extent court proceedings are permitted under Section 8, you agree to submit to the exclusive personal jurisdiction and venue of the state courts located in Roanoke City or Roanoke County, Virginia.

10. Miscellaneous Terms

• Severability: If any provision of these Terms is found to be unlawful, void, or unenforceable, that specific provision shall be deemed severable and shall not affect the validity of the remaining provisions.
• No Waiver: No failure by SPD to enforce any right or breach shall constitute a continuing waiver of that right or any future rights.
• Entire Agreement: These Terms and our Privacy Policy constitute the entire understanding between you and SPD regarding your use of the website and online services. Formal real estate sales remain subject to standalone, executed Purchase and Sale Agreements.
• Updates: We may update these Terms periodically. Continued use of our website following any revisions signifies your acceptance of the updated Terms.
  

11. Contact Information

If you have questions or notices regarding these Terms of Service, please contact us at:

• Strategic Pointe Developers, Inc.
• 2054 Webster Rd, Glade Hill, VA 24092, United States
• Phone: (540) 814-1928
• Email: info@sellwithspd.com
• Website: https://sellwithspd.com/