Website Terms of Use
Last Modified: April 1, 2021
Acceptance of the Terms of Use
These terms of use are entered into by and between You and Offer1, Inc. ("Company," "we," or "us"). The following terms and conditions ("Terms of Use") govern your access to and use of Offer1.com, including any content, functionality, and services offered on or through Offer1.com or any of our mobile applications (the "Website"), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time for any reason or for no reason.
By creating an account on the Website, you are deemed to be executing these Terms of Use electronically. You agree your electronic signature is the legal equivalent of your manual signature on a written agreement. By creating an account, you consent to be legally bound by these Terms of Use. You further agree that your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, or to otherwise provide the Company, or in accessing or making or accepting any Offer regarding any agreement, acknowledgment, consent terms, disclosures or conditions constitutes your signature (hereafter referred to as "E-Signature"), acceptance and agreement as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting agreement between you and the Company. You also represent that you are authorized to make and accept offers for all persons who own or are authorized to access any of your accounts and that such persons will be bound by the terms of this Agreement. You further agree that each use of your E-Signature in obtaining an account with the Company constitutes your agreement that you have had the opportunity to review these Terms of use and the Company’s Privacy Policy as they exist on the date of your E-Signature and you consent to all actions we take with respect to your information consistent with the Terms of use and our Privacy Policy.
Account Authorization
All accounts registered on the Website require the designation of only one individual person as the designated primary buyer or seller, who is authorized to either approve or reject offers or listings (“Primary Buyer” or “Primary Seller”). Any other person not so authorized as the Primary Buyer or Primary Seller, may not execute transactions on the Website, may be provided view-only access and may be identified with an alternative named designation. In the event that the initial registrant of an account does not definitively designate a Primary Buyer or Primary Seller, the first person entered by the initial registrant as a user on the account shall be automatically designated as the Primary Buyer or Primary Seller. Once a Primary Buyer of Primary Seller is established and an initial offer is made for a listing, the designation of the Primary Buyer or Primary Seller is final and may not be changed for that listing.
The Website does not include the provision of Real Estate Services by the Company
The Company is a marketplace for buyers and sellers of residential real estate and certain third-party service providers that provide services to real estate buyers and sellers (i.e. brokers, agents, title companies, lenders, insurance agents, etc.; collectively “Service Providers”). The Company holds no real estate licenses of any kind directly and does not directly provide real estate services to buyers and sellers. The Website and its contents are not intended to be a substitute for advice from licensed real estate professionals.
Company makes no representations or warranties about the quality of any services from Service Providers. Service Providers listed on the Website are not controlled by the Company, and decide in their own discretion how to provide their respective services. We may conduct an initial internal review of Service Providers and their profiles, but the Company does not otherwise screen Service Providers. You are required to use your independent judgment before engaging a Service Provider or otherwise interacting with Service Providers using the Website and You are solely responsible for making decisions when choosing to work with Service Providers.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Except for providing your services as a real estate agent or broker, these Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
You must not:
Except for providing your services as a real estate agent or broker, You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Trademarks
The Company name, the brand “Offer1,” the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
User Contributions
The Website may, either currently, or in the future contain message boards, chat rooms, personal web pages or profiles, property profiles, forums, bulletin boards, reviews and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials, including photos and descriptions of residential properties (collectively, "User Contributions") on or through the Website.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement of User Contributions
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Copyright Infringement
Company responds to notices of alleged copyright infringement according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that any material on the Website infringes upon any copyright which you own or control, you may file a DMCA Notice of Alleged Infringement with the Company at our email address:
support@Offer1.com
Subject Line: DMCA Compliance
Please provide the following information:
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information, including product and pricing information, is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
We recommend that you seek independent advice, including legal advice, to perform your due diligence, including the value, pricing and condition of properties listed on the Website and that you use good faith efforts in determining that the content of all information provided to or obtained by you is accurate.
This Website may include content and products provided by third parties, including materials provided by merchants, providers of goods and services, other users, third-party licensors, manufacturers, retailers and others. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials and listings provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Online Property Listings and Commercial Terms
You agree that by placing or receiving an offer and agreeing to these Terms, you are entering into a binding contract with Offer1 and agree to pay all charges that may be incurred by you or on your behalf through the website, at the price(s) in effect when such charges are incurred, including, without limitation, all listing charges.
All descriptions, images, references, features, property listings, content, specifications, and asking prices for property listings described or depicted on the Website are subject to change at any time without notice. We have made every effort to display as accurately as possible the colors and images of the properties that appear on the website. We cannot guarantee that your computer monitor's display of any color will be accurate.
Offer1 reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity or discontinue any feature or service; (ii) bar any user from making or completing any or all Transaction(s); and (iii) refuse to provide any user with any feature or service.
Fees and Payment
Payment Processing. We accept many “third party payment providers” (i.e. Apple Pay, Google Pay, and PayPal and most major debit and credit cards). For payments through third party payment providers, you may be directed to their website. It is your responsibility to familiarize yourself with the third party payment provider’s terms and conditions, and privacy policy.
You acknowledge and agree that the credit or debit card being used is yours or that you have been specifically authorized by the owner of such card to use it. All card holders are subject to validation and authorization by the issuer of the card.
Subscription Fees: At times we may offer services that require a subscription. For these subscription services, to be able to secure your data and operate our Website, we charge a membership subscription fee (“Subscription Fee”). You agree to pay those amounts shown to you during checkout and understand that our Subscription Fee is non-refundable except as provided for in this Subscription Fee section.
If you subscribe to become a member of the Website (a "Subscription"), we will charge the applicable Subscription Fee. At times, we may offer trial periods during which customers register for a Subscription and enjoy all the Subscription benefits on a trial basis. If you sign up for a trial period and cancel during the trial period, the payment information provided will not be billed. If you do not cancel during the trial period, we will automatically charge the applicable Subscription Fee to the payment method that you have supplied during the registration process.
You may cancel your Subscription and request a refund only within thirty (30) days after your payment has been processed. A Subscription may be cancelled for the upcoming month, but refunds will not be given for prior months.
Annual or Monthly Subscriptions will automatically be renewed at the end of the Subscription term unless: (1) you cancel your renewal during your Subscription period; or (2) you request a cancellation within 30 days after your renewal payment has been processed. Monthly Subscription can be cancelled for the upcoming month, but no refund will be given for prior months.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of the Website is based in the State of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, INCLUDING SERVICE PROVIDER SERVICES, IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Property Listing Disclaimer
We seek to provide our Offer1 consumer with best-in-class property listings that meet our stringent criteria. However, since we are not the property owner, and the content provide to support each listing is not controlled by the Company, Company makes no representations or warranties about the quality of any property or listing, nor can we ensure that any properties are compliant with third party certification requirements and property representations. You are required to use your independent judgment before placing or accepting an offer.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES AND ANY SERVICES PROVIDED BY SERVICE PROVIDERS ENGAGED THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO A LISTING ON THE WEBSITE OR THESE TERMS EXCEED THE AMOUNTS PAID BY YOU TO THE COMPANY FOR THE SPECIFIC LISTING FOR WHICH YOU ARE SEEKING DAMAGES OR A REFUND. FURTHER, COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR ENGAGEMENT OF A SERVICE PROVIDER THROUGH THE WEBSITE.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
Non-Circumvention Covenant. You acknowledge that Offer1 uses substantial labor and effort to connect Home Sellers and Home Buyers. Once you commence the offer process on the Website, You represent and warrant that you will not circumvent or attempt to circumvent the Website offer and contracting process and contract directly with the other party (Home Sellers or Home Buyers) outside of the Website, without the Company’s prior written consent (“Non-Circumvention Covenant”).
Dispute Resolution
PLEASE READ THIS “DISPUTE RESOLUTION” SECTION CAREFULLY. IT LIMITS THE WAYS YOU CAN SEEK RELIEF FROM OFFER1 AND REQUIRES YOU TO ARBITRATE DISPUTES ON AN INDIVIDUAL BASIS.
Any claim or dispute relating in any way to your use of the Website, or to any products or services sold or distributed by the Website shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no jury or judge in arbitration, and court review of an arbitration award is limited. However, arbitrators can award on an individual basis the same damages and relief as a court could (including declaratory and injunctive relief or statutory damages), and must follow the terms of these Terms of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Offer1. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by based on written submissions, telephone or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Subject to the binding arbitration required in the Dispute Resolution provision above, any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of San Diego and County of San Diego, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use, our Privacy Policy and Terms of Sale constitute the sole and entire agreement between you and Offer1, Inc. regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
Communications
You agree to receive communications from the Company, including communications sent
by phone, email, text message, or other means of communication. If you provided a
phone number to us, you are required to notify us when you cease to own or
control that number to help prevent us from sending communications to others
who may acquire that number.
Your Comments and Concerns
This website is operated by Offer1, Inc. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: support@Offer1.com.