Terms of Service

Last Updated: December 12, 2025

Effective Date: December 12, 2025

IMPORTANT NOTICE: PLEASE READ THESE TERMS CAREFULLY

BY ACCESSING OR USING LANDYDANDY.COM, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. THESE TERMS CONTAIN IMPORTANT PROVISIONS REGARDING INDEMNIFICATION, LIMITATION OF LIABILITY, BINDING ARBITRATION, AND A CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE OUR SERVICES.

1. Introduction and Acceptance

These Terms of Service ("Terms," "Agreement," or "ToS") constitute a legally binding agreement between you ("User," "Seller," "you," or "your") and Swan Digital LLC, a limited liability company doing business as LandyDandy ("LandyDandy," "Company," "we," "us," or "our").

By creating an account, accessing, or using our website at https://landydandy.com (the "Site") or any related services, applications, features, or content (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

2. Platform Status and Role

2.1 We Are a Technology Venue Only

LANDYDANDY IS A TECHNOLOGY PLATFORM AND ONLINE MARKETPLACE ONLY. WE PROVIDE A VENUE FOR USERS TO LIST LAND FOR SALE AND FOR POTENTIAL BUYERS TO VIEW LISTINGS AND CONTACT SELLERS.

WE ARE NOT:

  • A real estate broker or agent
  • A real estate brokerage firm
  • A licensed real estate professional
  • A title company or title insurance provider
  • An appraiser or property valuation service
  • A legal or financial advisor
  • An escrow service provider
  • A guarantor of any transaction

2.2 No Verification of Listings

WE DO NOT VERIFY, VALIDATE, OR GUARANTEE ANY INFORMATION PROVIDED BY USERS, INCLUDING BUT NOT LIMITED TO:

  • Property ownership or title status
  • Property boundaries, acreage, or survey accuracy
  • Zoning designations or land use restrictions
  • Environmental conditions or contamination status
  • Access rights, easements, or encumbrances
  • Tax status or outstanding liens
  • Legal descriptions or parcel numbers
  • Property values or pricing
  • Seller identity or authorization to sell
  • Accuracy of photos, descriptions, or representations

2.3 User Responsibility

All transactions facilitated through our platform are between the listing User (Seller) and prospective buyers. LandyDandy is not a party to any real estate transaction and assumes no responsibility for the completion, legality, or outcome of any sale.

YOU ACKNOWLEDGE AND AGREE THAT YOU USE OUR SERVICES AT YOUR OWN RISK AND THAT WE HAVE NO OBLIGATION TO VERIFY ANY INFORMATION POSTED ON OUR PLATFORM.

3. Eligibility and Account Requirements

To use our Services, you must:

  • Be at least 18 years of age
  • Have the legal capacity to enter into binding contracts
  • Not be prohibited from using our Services under applicable law
  • Have the legal authority to list any property you submit to our platform

We reserve the right to suspend or terminate your account at any time, with or without cause, with or without notice, including but not limited to situations where we believe you have violated these Terms.

4. User Representations and Warranties

By listing a property on LandyDandy, you represent and warrant that:

4.1 Property Ownership and Authority

  • You are the legal owner of the property, OR you have express written authorization from the legal owner to list and sell the property
  • You have full legal authority to convey marketable title to the property
  • The property is not subject to any pending litigation, bankruptcy proceedings, or foreclosure actions that would prevent sale
  • You have disclosed all known liens, encumbrances, easements, or other title defects

4.2 Listing Accuracy

  • All information you provide about the property is true, accurate, and complete to the best of your knowledge
  • All photographs and images you upload are accurate representations of the property as it currently exists
  • You have not misrepresented, omitted, or concealed any material facts about the property
  • Your listing complies with all applicable federal, state, and local laws and regulations

4.3 Content Rights

  • You own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all content you submit to our platform
  • Your content does not infringe upon any third party's intellectual property rights, privacy rights, or any other legal rights

5. Content License and Intellectual Property

5.1 License Grant to LandyDandy

BY UPLOADING, POSTING, OR SUBMITTING ANY CONTENT TO LANDYDANDY, INCLUDING BUT NOT LIMITED TO PROPERTY PHOTOS, DESCRIPTIONS, VIDEOS, DOCUMENTS, AND ANY OTHER MATERIALS ("USER CONTENT"), YOU HEREBY GRANT TO SWAN DIGITAL LLC (DBA LANDYDANDY) AN IRREVOCABLE, PERPETUAL, NON-EXCLUSIVE, ROYALTY-FREE, FULLY PAID-UP, WORLDWIDE LICENSE TO:

  • Use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Content in any and all media or distribution methods now known or later developed
  • Create derivative works of your User Content
  • Incorporate your User Content into other works
  • Use your User Content for marketing, advertising, and promotional purposes
  • Sublicense these rights to third parties

5.2 Specific Marketing Uses

Without limiting the foregoing, you specifically authorize LandyDandy to:

  • Repost your property listings on our social media accounts (including but not limited to Facebook, Instagram, Twitter/X, LinkedIn, TikTok, YouTube, and Pinterest)
  • Run paid advertisements using your property photos, descriptions, and listing information on any platform, including social media, search engines, display networks, and third-party websites
  • Include your property in our marketing materials, including but not limited to brochures, flyers, email campaigns, press releases, case studies, and presentations
  • Feature your property on partner websites, aggregator sites, and real estate portals
  • Use your content in investor presentations, pitch decks, and business development materials

5.3 Survival of License

THIS LICENSE SURVIVES EVEN AFTER YOU DELETE YOUR CONTENT, CLOSE YOUR ACCOUNT, OR TERMINATE YOUR USE OF OUR SERVICES. We are not obligated to remove your content from all locations where it may have been shared, distributed, or archived.

6. Subscription and Payment Terms

  • Access to our Services requires a paid subscription
  • Subscription fees are billed in advance on a monthly or annual basis
  • Your subscription will automatically renew unless you cancel before the renewal date
  • You may cancel your subscription at any time through your account settings

NO REFUNDS WILL BE PROVIDED FOR PARTIAL SUBSCRIPTION PERIODS, UNUSED TIME, OR DISSATISFACTION WITH RESULTS.

7. No Guarantee of Results

7.1 No Sale Guarantee

LANDYDANDY DOES NOT GUARANTEE THAT YOUR PROPERTY WILL SELL, NOR DO WE GUARANTEE ANY SPECIFIC OUTCOME, RESULT, OR TIMEFRAME FOR SELLING YOUR PROPERTY.

7.2 No Lead Quality Guarantee

WE DO NOT GUARANTEE THE QUALITY, QUANTITY, SERIOUSNESS, OR LEGITIMACY OF ANY LEADS, INQUIRIES, OR CONTACTS GENERATED THROUGH OUR PLATFORM.

  • Not all leads will result in legitimate buyers
  • Some inquiries may be from individuals who are not serious or qualified buyers
  • We have no control over the actions or intentions of third parties who contact you
  • Lead generation is inherently uncertain and variable

8. INDEMNIFICATION

THIS SECTION IS IMPORTANT AND AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.

8.1 YOUR INDEMNIFICATION OBLIGATIONS

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SWAN DIGITAL LLC (DBA LANDYDANDY), ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS, LICENSORS, SERVICE PROVIDERS, AND ALL OTHER PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES (COLLECTIVELY, THE "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, SUITS, PROCEEDINGS, LOSSES, DAMAGES, LIABILITIES, SETTLEMENTS, JUDGMENTS, FINES, PENALTIES, COSTS, AND EXPENSES (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES AND COSTS) ARISING OUT OF OR RELATING TO:

  • (A) YOUR USE OF OR ACCESS TO THE SERVICES;
  • (B) YOUR VIOLATION OF THESE TERMS;
  • (C) YOUR VIOLATION OF ANY APPLICABLE LAW, RULE, OR REGULATION;
  • (D) YOUR VIOLATION OF ANY THIRD PARTY'S RIGHTS, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS, PROPERTY RIGHTS, PRIVACY RIGHTS, OR CONTRACTUAL RIGHTS;
  • (E) ANY CONTENT YOU SUBMIT, POST, OR TRANSMIT THROUGH THE SERVICES;
  • (F) ANY PROPERTY YOU LIST ON OUR PLATFORM, INCLUDING BUT NOT LIMITED TO ANY CLAIMS RELATED TO:
    • Ownership disputes or title defects
    • Boundary disputes
    • Misrepresentation of property characteristics
    • Environmental contamination or hazards
    • Zoning or land use violations
    • Fraud or deceptive practices
    • Failure to disclose material facts
  • (G) ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY, INCLUDING BUYERS, AGENTS, OR OTHER SERVICE PROVIDERS;
  • (H) ANY CLAIMS BY BUYERS, POTENTIAL BUYERS, OR ANY OTHER THIRD PARTIES ARISING FROM YOUR LISTINGS OR CONDUCT.

8.2 DEFENSE AND CONTROL

WE RESERVE THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US. YOU AGREE TO COOPERATE WITH OUR DEFENSE OF SUCH CLAIMS. YOU WILL NOT SETTLE ANY CLAIM WITHOUT OUR PRIOR WRITTEN CONSENT.

8.3 SURVIVAL

YOUR INDEMNIFICATION OBLIGATIONS WILL SURVIVE THE TERMINATION OF THESE TERMS AND YOUR USE OF THE SERVICES.

9. LIMITATION OF LIABILITY

THIS SECTION IS IMPORTANT AND AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.

9.1 DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LANDYDANDY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
  • UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE SERVICE
  • CORRECTION OF DEFECTS OR ERRORS

9.2 LIMITATION OF DAMAGES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SWAN DIGITAL LLC (DBA LANDYDANDY), ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY:

  • INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES
  • LOST PROFITS, LOST REVENUE, LOST DATA, OR LOST BUSINESS OPPORTUNITIES
  • COST OF SUBSTITUTE GOODS OR SERVICES
  • PERSONAL INJURY OR PROPERTY DAMAGE
  • DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES
  • DAMAGES ARISING FROM ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY
  • DAMAGES ARISING FROM ANY CONTENT POSTED ON THE SERVICES
  • DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR DATA

REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.3 MAXIMUM LIABILITY

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF:

(A) THE AMOUNTS YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR

(B) ONE HUNDRED DOLLARS ($100.00).

9.4 ESSENTIAL BASIS OF THE BARGAIN

YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION ARE ESSENTIAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND LANDYDANDY, AND THAT LANDYDANDY WOULD NOT PROVIDE THE SERVICES TO YOU WITHOUT THESE LIMITATIONS.

10. Dispute Resolution and Arbitration

THIS SECTION CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ CAREFULLY.

10.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at Support@landydandy.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute through good faith negotiations for a period of at least sixty (60) days.

10.2 MANDATORY BINDING ARBITRATION

IF WE CANNOT RESOLVE A DISPUTE INFORMALLY, YOU AND LANDYDANDY AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES (COLLECTIVELY, "DISPUTES") SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT.

BY AGREEING TO THESE TERMS, YOU AND LANDYDANDY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

10.3 Arbitration Procedures

  • Arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules
  • The arbitration shall be conducted by a single arbitrator
  • The arbitration shall take place in Wake County, North Carolina, or another mutually agreed location
  • The arbitrator's decision shall be final and binding

10.4 CLASS ACTION WAIVER

YOU AND LANDYDANDY AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

10.5 Opt-Out

You may opt out of this arbitration provision by sending written notice to Support@landydandy.com within thirty (30) days of first accepting these Terms. Your notice must include your name, address, email address, and a clear statement that you wish to opt out of the arbitration provision.

11. Prohibited Conduct

You agree not to:

  • Use the Services for any unlawful purpose or in violation of these Terms
  • List property you do not own or have authority to sell
  • Misrepresent or provide false information about any property
  • Infringe upon the intellectual property rights of others
  • Harass, abuse, or harm other users or third parties
  • Attempt to gain unauthorized access to our systems or other users' accounts
  • Use automated means to access or scrape the Services
  • Interfere with or disrupt the integrity or performance of the Services
  • Violate any applicable laws or regulations

12. Governing Law

These Terms and any Disputes shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law principles.

13. General Provisions

  • Entire Agreement: These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and LandyDandy regarding your use of the Services.
  • Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
  • Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
  • Assignment: You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

14. Contact Information

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

Swan Digital LLC

Email: Support@landydandy.com

Website: https://landydandy.com

15. Acknowledgment

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT:

  1. You have read, understood, and agree to be bound by these Terms of Service
  2. You understand that LandyDandy is a technology platform/venue only, not a real estate broker, agent, or title company
  3. You understand and accept the indemnification obligations in Section 8
  4. You understand and accept the limitations of liability in Section 9
  5. You agree to resolve disputes through binding arbitration as described in Section 10
  6. You waive your right to participate in class action lawsuits
  7. You grant LandyDandy the content license described in Section 5
  8. You understand that we make no guarantees regarding the sale of your property or the quality of leads

These Terms of Service are effective as of December 12, 2025.