Terms & Conditions

Last updated: July 9, 2024

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These Terms & Conditions (“Terms”) constitute a legally binding agreement between you and ARBAT CAPITAL LLC (d/b/a “Baikal Capital”), a Florida Limited Liability Company with its principal office located at 1000 5TH ST STE 200, MIAMI BEACH, FL 33139, and their respective parents, subsidiaries, employees, or affiliates, including, without limitation, attorneys, lenders, potential equity and debt sources, accountants, consultants, advisors, and affiliates (collectively, “Baikal”) governing your use of Baikal’s website www.baikal-capital.com (the “Site”) and its personalized, multipurpose, digital marketplace platform and any related content or services, including mobile and/or web-based applications (“Applications” or the “Baikal App,” and together with the digital marketplace platform, the “Platform”). Your use of our Platform to seek or benefit from a Service from us or for any other use shall be governed by these terms and conditions. By choosing to use our Platform or the Services, you agree to these Terms and Conditions in full.

PLEASE BE ADVISED THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW YOU CAN BRING CLAIMS BETWEEN YOU AND BAIKAL. THESE TERMS CONDITIONS OUTLINE HOW SUCH CLAIMS ARE RESOLVED. BY AGREEING TO THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THESE TERMS AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

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USE & TERMINATION.

Our Platform (as defined above) belongs to Arbat Capital LLC (“us”, “we”, “our”, “Baikal Capital” and/or “Baikal”), a Florida Limited Liability Company with an address at 1000 5th Street, Suite 200, Miami Beach, FL 33139, USA. You are not allowed to use and shall immediately discontinue your use of our Platform or the Services if you use our Platform in any way that breaches any applicable local, national or international law or regulation, and/or if you do not agree to these Terms in full. We make every effort to guarantee that the services provided on our site are continually accessible. However, due to the nature of the Internet, we are unable to guarantee the availability of our Site and/or the Platform. We do not guarantee that our Platform’s operation, in whole or in part, will be available without interruption or error, that errors will be fixed, or that our Site will be free of viruses or other dangerous elements. The use of our Site or any portion of it being unavailable at any time for any reason will not subject us to liability for any loss, damage, expense, charges, delays, or other liabilities of any kind (including without limitation any financial losses). It is solely your responsibility to ensure that your device is adequately protected against such threats. While you use our Platform and/or this Site, these Terms will always be valid. Without limiting the generality of the aforementioned, these Terms (as they may be updated from time to time) will be applicable and continue to be applicable each and every time you create an account with us, use or book or pay for some service through our Platform, and/or access our Platform for any other reason.

Baikal has the right at any time to change, modify, add to, discontinue, or retire any aspect or feature of the Site, including but not limited to, hours of availability, equipment needed for access or use, or the availability of the Site on any particular device or communications service.  Baikal has no obligation to provide you with notice of any such changes, and we are under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of the Site.

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LAWFUL PURPOSES.

Anyone residing in a State or Country where it is forbidden for any reason relating to, for example, his nationality or residence, to visit our website(s) and/or Platform, shall refrain himself from doing so. All entities operating under the Baikal Capital brand, their shareholders, employees and affiliates shall not be held liable towards anyone, or any entity and all users must verify that no law or rule prevents or restricts from visiting or using this Site.

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NO SOLICITATION NOR OFFER TO INVEST.

Nothing on this web site shall be construed as a solicitation to invest or offer to provide investment advisory services or to buy or sell a security or any employment opportunity to any person or entity. The material on this Site is intended for informational purposes only, does not constitute investment advice or analysis, or a recommendation, or an offer of solicitation, and is not the basis for any contract or other agreement to make any investment, or for Baikal to enter into or arrange any type of transaction. In addition, nothing in this site shall be construed as a solicitation to invest or offer to provide investment advisory services or to buy or sell a security in any jurisdiction where it would be unlawful to provide such services, or where such an offer, solicitation, purchase or sale, would be unlawful.

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REGULATORY INFORMATION.

Arbat Capital LLC (d/b/a “Baikal Capital”) is a private Limited Liability Company under U.S. law. The sole purpose of Arbat Capital LLC is to establish a base in the United States in order to manage this Site, better evaluate and source real estate investment opportunities in the region. Arbat Capital LLC is not regulated by the U.S. Securities and Exchange Commission (SEC) and does not engage in fundraising activities in the United States.

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DISCLAIMER.

Information on this web site is provided “AS IS” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The data set forth on this Site is for informational purposes only, and no warranty is made that the information is error-free. We also don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content. We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Platform.

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MODIFICATIONS.

You should regularly and periodically review these Terms because we reserve the right, at any time and without prior notice to you, to suspend or terminate our Platform, in whole or in part, and delete any accounts associated therewith. We also reserve the right to amend or modify these Terms to reflect changes in technology, payment methods, applicable laws and regulatory requirements, along with changes in our system's capability. Information may be changed or updated without notice. We have no obligation to update information presented on this Site, so information contained herein may be out of date at any given time. 

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DATA SHARING.

We make our best commercially feasible efforts to keep all data you provided secure and confidential as required by applicable law You understand and acknowledge that we may share your data with service providers to enable them and us to provide you with certain services you request to be rendered from us. Such service providers are required to handle the data as confidential and must not disclose it to third parties except for the purpose of the services it was intended. However, we are not responsible and shall not be held liable in the event any data is disclosed by the Service Providers to any third party.

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LIMITATION ON LIABILITY.

Our responsibility for anything that happens on the Platform as much as the law will allow. If there is an issue with our service, we can't know what all the possible impacts might be. You agree that we won't be responsible for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account. 

IN NO EVENT WILL BAIKAL OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION, PROMOTION, OR MARKETING OF THE SITE BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFITS, OR FOR INABILITY TO USE THE SITE, EVEN IF BAIKAL OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU AND ANY OTHER PARTY, WHETHER DIRECT OR INDIRECT, EXCEED ONE HUNDRED DOLLARS ($100.00) FOR ANY AND ALL CLAIMS, DAMAGES, AND OTHER THEORY OF LIABILITY.

SOME U.S. STATES DO NOT ALLOW, AND OTHER JURISDICTIONS MAY NOT ALLOW, THE LIMITATION OF LIABILITY, SO THE FORGOING DISCLAIMER MAY NOT APPLY TO YOU IF PROHIBITED BY APPLICABLE LAW. 

We will not be liable to you for any breach of these Terms caused by any event beyond our reasonable control including but not limited to, acts of God, explosions, floods, tempests, fires or accidents; wars or threats of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, decrees or laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes; difficulties in obtaining materials, labor, fuel, parts or machinery; power failure or breakdown in machinery.

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RULES OF CONDUCT.

Your use of the Site is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. In addition, you agree that: 

• you will not interfere with or disrupt the security measures of the Site; you will not interfere with or disrupt networks connected to the Site, and will comply with all regulations, policies and procedures of such networks; and 
• you will comply with United States law regarding the transmission of technical data exported from the United States. 

You further agree that you will not use the Site to: 

• send or result in the transmission of “spam” (junk e-mail) or unsolicited messages;
• promote or generate revenue for any business or commercial purposes unless authorized in writing by us; 
• impersonate any person or entity; intentionally or unintentionally or create a false identity on the Site;
• collect or store personal data about other users; 
• make publicly available on the Site or otherwise transmit any private information of any third party; or
• make publicly available or otherwise transmit any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable. 

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PROPRIETARY RIGHTS.

All content on the Site, including but not limited to visual interface, interactive features, computer codes, products, software, aggregate user review ratings, designs, text, graphics, images, photographs, illustrations, audio and video material, artwork, information, database, proprietary information and all copyrightable or otherwise legally protectable elements of the Site, and their selection and arrangement ("Site Content") is Baikal’s proprietary property with all rights reserved.

Subject to the limited license granted to you hereunder, you may not modify, copy, distribute, frame, reproduce, republish, download, display, post, transmit, create derivative works from, or broadcast or circulate to any third party (including, without limitation, on or via a third party web site), or otherwise use, any materials contained within the Site without our express prior written consent. 

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LIMITED LICENSE.

You are granted a limited license to access the Site and to download or print a copy of any portion of the Site Content solely for your personal, non-commercial use, provided that you do not alter, delete or conceal any copyright, trademark or other notices contained on the Site nor shall you distribute such Site Content.  You may not and will not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights. This license is revocable at any time without notice and with or without cause.

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THIRD-PARTY TERMS & CONDITIONS.

Additional terms and conditions from third parties and service providers are necessary for some aspects of our Platform or our services. Before using any of the services, it is your obligation to comprehend the terms and conditions of the service provider. The terms and conditions may vary from one service provider to the next and may change without giving you prior notice. Any such third-party and/or Service Provider shall have the right to impose such terms and conditions against you, and they shall form an integral part of these terms and Conditions.

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THIRD-PARYT SITES & CONTENT.

The Site may contain links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, video, audio, information, mobile applications, “plug-ins”, offers and other content or items belonging to or originating from third parties ("Third Party Applications or Content"). Such Third Party Sites and Third Party Applications or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications or Content posted on, available through or installed from the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site.

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WARRANTY DISCLAIMER.

YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY THE LAW, THE BAIKAL PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE YOUR USE OF THE SITE.  THE BAIKAL PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE CONTENT WHICH IS PROVIDED “AS IS” OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, AND/OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, AND PERFORMANCE OF THE SITE, AND TO ANY TRANSACTIONS YOU UNDERTAKE THROUGH THE SITE.  

Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

TERRITORY & ELIBILITY.

The Site is operated from the United States. We do not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States.  In choosing to use the Site you do so on your own initiative and at your own risk, and are responsible for complying with all local laws, rules and regulations.  

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IF YOU ARE USING THE SITE FROM THE EUROPEAN UNION, ASIA, OR ANY OTHER REGION WITH LAWS OR REGULATIONS GOVERNING PERSONAL DATA COLLECTION, USE, AND DISCLOSURE THAT DIFFER FROM UNITED STATES LAWS, PLEASE BE ADVISED THAT THROUGH YOUR CONTINUED USE OF THE SITE, WHICH IS GOVERNED BY UNITED STATES LAW, BAIKAL’S PRIVACY POLICY, AND BAIKAL’S TERMS OF USE, YOU ARE TRANSFERRING YOUR PERSONAL INFORMATION TO THE UNITED STATES AND YOU CONSENT TO THAT TRANSFER. ADDITIONALLY, YOU UNDERSTAND THAT YOUR PERSONAL INFORMATION MAY BE TRANSFERRED TO AND PROCESSED IN COUNTRIES (INCLUDING THE UNITED STATES) WHERE LAWS REGARDING PROCESSING PERSONAL INFORMATION MAY BE LESS STRINGENT THAN IN YOUR COUNTRY.

SEVERABILITY. 

If any provision hereof is determined in any proceeding binding upon the parties hereto to be invalid or unenforceable, that provision shall be deemed severed from the remainder of the Agreement, and the remaining provisions of the Agreement shall continue in full force and effect.

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APPLICABLE LAW. 

This Agreement shall be governed and construed in all respects in accordance with the laws of the State of Florida, without regard to its conflict of laws principles.

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TRANSFER AND ASSIGNEMENT. You may not transfer nor assign any of your rights and duties hereunder under any circumstances. Any purported assignment by you in violation of this section shall be void. Baikal may assign these Terms at any time and without your consent to: (i) a subsidiary or affiliate or third-party provider; (ii) an acquirer of Baikal’s equity, business, or assets; or (iii) a successor by merger. No joint venture, partnership, employment, or agency relationship exists between you, Baikal, any third-party provider, or other affiliated provider as a result of this Agreement.  

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OTHER. 

This Agreement constitutes the entire agreement between the parties with respect to the subject hereof and supersedes all prior proposals, agreements, negotiations, correspondence, demonstrations, and other communications, whether written or oral, between You and Baikal. No modification or waiver of any provision hereof shall be effective unless made in writing signed by both You and Baikal.

You also may be subject to additional terms and conditions that may apply if you enter into an agreement with any of the entities operating under the Baikal Capital brand.

The failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. 

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. 

Registration on or use of this Site also constitutes acceptance of our Privacy Policy and Cookie Policy.

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CONTACT.

If you have any questions about these Terms and Conditions, or would like to contact us for any other reason, you can contact us:

by mail: Baikal Capital, 1000 5th Street Suite 200, Miami Beach, FL 33139, USA
by telephone: (+1) 305-697-4321
by email: info@baikal-capital.com
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Telephone calls that you make to our customer services helpline may be monitored and/or recorded. This will help us to train our staff and improve our service to you. A recording will only be used under proper and careful supervision.

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