These Terms of Service (“Terms”) govern your access to and use of the website at divergentestates.com (the “Site”), operated by Divergent Estates LLC, a South Dakota limited liability company (“Divergent Estates,” “we,” “us”). By accessing or using the Site, you agree to these Terms. If you do not agree, do not use the Site.
The Site is informational. Co-hosting and related services are provided only under a separate written services agreement signed between Divergent Estates and an owner. These Terms do not create that agreement and do not commit either party to a service relationship.
You must be at least 18 years old and capable of forming a binding contract under applicable law to use the Site or submit information through it.
You may view, download, and print Site content for your own non-commercial reference. You may not (a) reproduce, redistribute, or sell Site content; (b) attempt to access the Site or its systems by means other than the published interface; (c) interfere with the Site’s operation or security; (d) use any bot, scraper, or automated tool to harvest content or contact information; or (e) use the Site to transmit unlawful, harassing, or infringing material.
All content on the Site — text, graphics, logos, photographs, layouts, and code — is owned by Divergent Estates LLC or its licensors and is protected by copyright, trademark, and other applicable laws. The Divergent Estates name and wordmark are marks of Divergent Estates LLC. Nothing on the Site grants any license or right to use these marks without prior written consent.
If you submit information through the Site (for example, the enquiry form), you represent that the information is accurate and that you are authorized to share it. We handle submitted information as described in our Privacy Policy. Do not submit confidential information you do not wish us to receive.
Information on the Site, including projected revenue ranges, market commentary, and operational descriptions, is provided for general informational purposes only and is not legal, tax, accounting, real-estate, or financial advice. Real estate and short-term-rental markets vary by jurisdiction; consult a qualified professional before making decisions based on Site content.
Statements about projected revenue, occupancy, performance, market conditions, or owner outcomes are forward-looking. Actual results vary based on property characteristics, market conditions, regulatory environment, and operational factors. Past performance does not guarantee future results.
The Site uses third-party providers (including Vercel, Cloudflare, Formspree, and Google) and may link to third-party sites. We do not control these services and are not responsible for their content, availability, or practices. Your use of third-party services is governed by their own terms and policies.
The Site is provided “as is” and “as available.” To the fullest extent permitted by law, Divergent Estates disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and availability. We do not warrant that the Site will be uninterrupted, error-free, or secure.
To the fullest extent permitted by law, Divergent Estates and its members, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or relating to your use of the Site, even if advised of the possibility of such damages. In no event will our aggregate liability arising out of or relating to the Site exceed one hundred U.S. dollars (US$100). Some jurisdictions do not allow these limitations; in those jurisdictions our liability is limited to the maximum extent permitted by law.
You agree to indemnify and hold harmless Divergent Estates LLC and its members, officers, employees, and agents from any claim, demand, loss, or expense (including reasonable attorneys’ fees) arising from your use of the Site or breach of these Terms.
These Terms are governed by the laws of the State of South Dakota, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Site that cannot be resolved informally will be brought exclusively in the state or federal courts located in Minnehaha County, South Dakota, and you consent to that jurisdiction and venue.
We may update these Terms from time to time. The “Last updated” date above reflects the most recent change. Continued use of the Site after a change constitutes acceptance of the updated Terms.
If any provision of these Terms is held unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remainder of the Terms will remain in full force. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Divergent Estates regarding the Site and supersede any prior understandings on that subject.
Divergent Estates LLC
Sioux Falls, South Dakota, USA
nick@divergentestates.com
+1 605.290.2583