These Terms of Service (these “Terms”) constitute a legally binding agreement between you and WBHM, LLC, a limited liability company organized under the laws of the State of [STATE OF FORMATION] (“Company,” “we,” “us,” or “our”), governing your access to and use of the website located at [WEBSITE DOMAIN] and any related services, forms, and content (collectively, the “Site”). PLEASE READ THESE TERMS CAREFULLY. SECTION 12 BELOW CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS.
1. Acceptance of Terms. By accessing or using the Site, submitting information through the Site, or clicking to accept these Terms where such option is made available, you agree to be bound by these Terms and by the Company’s Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to these Terms, you must not access or use the Site.
2. Description of Services. The Site allows you to submit information about a property for the purpose of requesting a preliminary, no-obligation cash offer evaluation from the Company or an affiliated buyer. Submission of information through the Site does not create any binding offer, obligation to purchase, obligation to sell, or agency, brokerage, or fiduciary relationship between you and the Company. Unless expressly stated otherwise, the Company is not acting as a licensed real estate broker or agent in connection with the Site, and nothing on the Site constitutes legal, financial, tax, or investment advice. You should consult your own attorney, accountant, or financial advisor before making any decision regarding the sale of your property.
3. Eligibility. You represent and warrant that (i) you are at least eighteen (18) years of age; (ii) you have the legal capacity to enter into these Terms; and (iii) you are either the legal owner of the property you submit through the Site or you are authorized to act on behalf of the legal owner in connection with the inquiry.
4. User Conduct. You agree that you will not, in connection with your use of the Site, (i) provide false, inaccurate, or misleading information; (ii) impersonate any person or entity or misrepresent your affiliation with any person or entity; (iii) use any robot, spider, scraper, or other automated means to access the Site or extract data without the Company’s prior written consent; (iv) interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; (v) use the Site for any unlawful purpose or in violation of any applicable law or regulation; (vi) infringe the intellectual property or other rights of the Company or any third party; or (vii) upload or transmit any virus, malware, or other harmful code.
5. Accuracy of Submitted Information. You are solely responsible for the accuracy and completeness of the information you submit through the Site. The Company relies on the information you submit, together with publicly available records and information obtained through any inspection, to prepare any preliminary estimate or offer. Inaccurate or incomplete information may affect the accuracy of any estimate provided to you and may result in modification or withdrawal of any preliminary estimate. The Company reserves the right, but does not assume any obligation, to verify submitted information through independent inspection, title review, or public records.
6. Consent to Contact. By submitting your telephone number through the Site, you expressly consent to receive telephone calls and text messages (including SMS and MMS messages) from the Company, its affiliates, and its service providers or agents, at the telephone number you provided, including through the use of an automatic telephone dialing system and/or prerecorded or artificial voice, for purposes related to your inquiry, even if your telephone number is registered on a federal or state Do Not Call registry. This consent is not a condition of using the Site or of any purchase or sale of property. Message and data rates may apply. You may revoke this consent at any time as described in the Company’s Privacy Policy.
7. No Obligation; Nature of Estimates and Offers. Any preliminary estimate, cash offer figure, or valuation provided to you through the Site, by telephone, or otherwise before the execution of a definitive written purchase and sale agreement is an estimate only and does not constitute a binding offer to purchase your property. No binding obligation to buy or sell the property shall arise until a separate written purchase and sale agreement has been fully executed by an authorized representative of the Company, or the applicable affiliated buyer, and by you as the property owner. The Company reserves the right, in its sole discretion and at any time before execution of a definitive written purchase and sale agreement, to decline to make an offer, or to withdraw, modify, or condition any preliminary estimate, including based on the results of an inspection, title review, or verification of submitted information.
8. Intellectual Property. The Site and all content, features, and functionality of the Site, including all text, graphics, logos, and the “WBHM, LLC” name and any associated trademarks, are owned by the Company or its licensors and are protected by United States and international intellectual property laws. Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial use. You may not reproduce, distribute, modify, or create derivative works of any content on the Site without the Company’s prior written consent.
9. Disclaimers of Warranties. THE SITE AND ALL CONTENT, ESTIMATES, AND INFORMATION PROVIDED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY DOES NOT WARRANT THAT (i) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (ii) ANY ESTIMATE OR VALUATION PROVIDED THROUGH THE SITE WILL BE ACCURATE OR WILL MATCH ANY SUBSEQUENT WRITTEN OFFER; OR (iii) ANY DEFECTS IN THE SITE WILL BE CORRECTED.
10. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Indemnification. You agree to indemnify, defend, and hold harmless the Company and its affiliates, and their respective officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to (i) your breach of these Terms; (ii) your violation of any applicable law or the rights of any third party; or (iii) any information you submit through the Site that is false, inaccurate, or misleading.
12. Dispute Resolution; Arbitration Agreement; Class Action Waiver. 12.1 Agreement to Arbitrate. Except as set forth in Section 12.4 below, you and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or your use thereof (each, a “Dispute”) shall be resolved exclusively through final and binding individual arbitration, rather than in court, except that either party may bring an individual action in small claims court. The arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, and shall be seated in [COUNTY, STATE]. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this arbitration agreement.
12.2 Class Action Waiver. YOU AND THE COMPANY 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. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class, collective, or representative proceeding.
12.3 Right to Opt Out. You may opt out of this arbitration agreement by sending written notice of your decision to opt out to the Company at [MAILING ADDRESS] within thirty (30) days of the date you first accept these Terms. Your notice must include your name, the property address associated with your submission, and a clear statement that you wish to opt out of this arbitration agreement. If you opt out of this arbitration agreement, all other provisions of these Terms will continue to apply to you.
12.4 Exceptions. Notwithstanding Section 12.1, either party may (i) bring an individual action in small claims court for disputes within that court’s jurisdiction; and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s intellectual property rights.
13. Governing Law; Venue. These Terms and any Dispute not subject to arbitration under Section 12 shall be governed by and construed in accordance with the laws of the State of [STATE], without regard to its conflict of laws principles. Subject to Section 12, you and the Company agree that any action not subject to arbitration shall be brought exclusively in the state or federal courts located in [COUNTY, STATE], and each party consents to the personal jurisdiction and venue of such courts.
14. Third-Party Links. The Site may contain links to third-party websites or resources that are not owned or controlled by the Company. The Company is not responsible for the content, products, services, or privacy practices of any third-party website, and your use of any such website is at your own risk.
15. Modification and Termination. The Company reserves the right, in its sole discretion, to modify these Terms, the Site, or any features of the Site at any time, with or without notice. Any modification to these Terms will be effective upon posting the revised Terms on the Site, and your continued use of the Site after such posting constitutes your acceptance of the revised Terms. The Company may suspend or terminate your access to the Site at any time, without notice, for any violation of these Terms or for any other reason in the Company’s sole discretion.
16. Miscellaneous. 16.1 Entire Agreement. These Terms, together with the Company’s Privacy Policy, constitute the entire agreement between you and the Company regarding your use of the Site and supersede all prior or contemporaneous understandings, agreements, or representations, whether written or oral, regarding the subject matter hereof.
16.2 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, and the invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its intent.
16.3 No Waiver. The failure of the Company to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
16.4 Assignment. The Company may assign or transfer these Terms, in whole or in part, without restriction. You may not assign or transfer these Terms, or any of your rights or obligations hereunder, without the Company’s prior written consent.
16.5 Relationship of the Parties. Nothing in these Terms shall be construed to create a partnership, joint venture, employment, agency, or fiduciary relationship between you and the Company.
16.6 Electronic Communications. You consent to receive communications from the Company electronically, including by email and through the Site, and you agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.
17. Contact Information. If you have any questions regarding these Terms, please contact WBHM, LLC at [email protected]