Terms of Use Agreement
THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE ALL CLAIMS AND CLASS ACTION WAIVER; AND CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY THAT APPLIES TO ALL DISPUTES WITH WBH MARKETING, INC. (please see sections 12, 5, and 6). These provisions form an essential basis of our bargain.
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Terms of use Agreement for all Services and the Website
WBH Marketing, Inc. requires that you carefully read, understand and agree to the following Terms and Conditions contained in this Terms of Use Agreement (“Agreement,” “Terms of Use,” or “Terms”). By accessing, browsing or using this website (the “Website”) or by using the goods, facilities or services offered in or through the Website through alternative methods (including, for example, telephone, mail, text, email or facsimile), you accept and agree to be bound by these Terms of Use (the terms “Website” include use through these alternative methods).
If you do not agree to these terms and conditions, you are not authorized to access or use the Website and you are to cease accessing or otherwise using the Website.
You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on our sites and services.
For purposes of this Agreement, “You” or “Your” means the person(s) using the Website, and/or the goods, facilities or services of WBH Marketing, Inc. (“Services”), including sellers of residential real estate (“Sellers”) that provide information about themselves to WBH Marketing, Inc. and, by association, the investors in the We Buy Houses network (“Investors”).
The Privacy Policy, hereby incorporated by reference into this Agreement, explains the policy applicable to the information that is collected through the Website, received directly from you or transmitted to or from third parties.
2. Locator Services
When you complete the form on the Website – or contact WBH Marketing, Inc. via phone numbers displayed in the Website – we match your information and service request against our list of Investors, which may include exclusive licensees of the We Buy Houses tradename and services as well as other real estate professionals who have an association or contractual relationship with WBH Marketing or its affiliates (collectively, “Investors”). When you submit a request through our website, you provide express written consent to WBH Marketing to provide your personal information to one or more Investors we match with your request. Sharing this information with Investors allows them to contact you using the e-mail address(es), phone number(s) (including mobile devices, SMS, and MMS), or other contact information you provided, even if you are on a Do Not Call list.
Note:You are providing express written consent for WBH Marketing and these associated Investors to share this private personally identifiable information for these purposes, litigation, regulatory request(s), law enforcement requests, internal analytics and/or for marketing purposes.
WBH Marketing is not a licensed real estate broker. WBH Marketing does not own, sell, invest provide, control, manage, offer, deliver, solicit sales of real estate. We do not represent you in connection with any real estate transaction, and you may want to consult with a broker or lawyer before selling or buying real property. WBH Marketing is not involved in making the offer or otherwise involved in the transaction and does not guarantee you will get the best offer available.
Users are responsible for their own activities and WBH Marketing does not make any decisions in connection with the products or Services. WBH Marketing does not endorse or recommend the products or services of any particular Investors. WBH Marketing is not an agent of either you or any Investor or Seller. WBH Marketing’s services are only administrative. You should rely on your own judgment in deciding which available product or service and Investor relationship best suits your needs and financial means.
WBH Marketing has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Investor or Seller’s activities or information, (ii) the truth or accuracy of any descriptions, ratings, reviews, or other member content (as defined below), or (iii) the performance or conduct of any member or third party.
Any information provided about an Investor or Seller is not an endorsement, certification or guarantee by WBH Marketing about any Investor or Seller, including of their identity or background or whether they are trustworthy, safe or suitable. You should always exercise due diligence and care when deciding using the Service, any financial transaction, or communicate and interact with other Investors or Sellers, whether online or in person.
Each Investor is solely responsible for its services to you, and you agree that WBH Marketing shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of their products or services, or offers. You understand that Investors may keep your request information and any other information provided by WBH Marketing or received by them in the processing of your request, whether or not you are qualified for the product or service with them or if you acquire a product or service with them. You agree to notify any particular Investor or Seller directly if you no longer want to receive communications from them.
WBH Marketing expressly reserves the right to discontinue, suspend or terminate the offering of any product or service in any specific state through the Website at any time, without prior notice.
If you choose to use the Website, including as an Investor or Seller, your relationship with WBH Marketing is limited to being an independent, third-party contractor, and not an employee, agent, joint venture or partner of WBH Marketing for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of WBH Marketing.
WBH Marketing is paid a license and/or marketing fee by the Investor or a third party “finder” (if the finder markets for or to the Investor or Seller) for the goods, facilities and services WBH Marketing provided. Your use of the Websites and/or WBH Marketing’s Services constitutes your agreement with this compensation arrangement. Participating Investors are responsible for paying for any cost associated with the product or service, which is provided to you or any other Seller as an information service at no cost.
BY USING OUR WEBSITE OR BY CLICKING ON ANY BUTTON INDICATING AN ACCEPTANCE OR AGREEMENT TO TERMS, A CONTINUANCE OF PROCESSING OR SUBMISSION (“SUBMISSION”) YOU UNDERSTAND THAT YOU ARE CONSENTING, ACKNOWLEDGING AND AGREEING TO THE STATED TERMS AND CONDITIONS OF THAT SUBMISSION AND THAT YOU ARE SUBMITTING AN INQUIRY THROUGH WBH MARKETING TO EACH OF THE INVESTORS TO WHOM YOUR INFORMATION REQUEST IS TRANSMITTED. FURTHER, THAT YOU ARE REPRESENTING ALL OF THE INFORMATION YOU HAVE PROVIDED IN THE REFERRAL FORM IS TRUE AND COMPLETE. YOU FURTHER UNDERSTAND AND AGREE THAT BY SUBMITTING YOUR INFORMATION, INCLUDING ANY TELEPHONE NUMBERS, TO US, INVESTORS, AND OTHER PROVIDERS, YOU ARE EXTENDING AN EXPRESS INVITATION FOR US OR OUR AFFILIATES, AND THEM, TO CONTACT YOU BY TELEPHONE AT THE NUMBERS (WHETHER LANDLINE OR CELLULAR) YOU HAVE PROVIDED, AND YOU HEREBY CONSENT TO ANY SUCH CALLS EVEN IF YOUR PHONE NUMBER IS ON THE DO NOT CALL LIST. TELEPHONE CALLS MAY INCLUDE PRERECORDED OR ARTIFICIAL VOICE MESSAGES AND CALLS USING AN AUTOMATIC TELEPHONE DIALING SYSTEM. YOUR CONSENT IS NOT A CONDITION OF YOUR PURCHASE.
You agree that any calls to or from us may be monitored or recorded for training or quality assurance purposes.
3. Registration
You must register with the Website and have an account for certain Services. By registering for a Website account you are agreeing to these Terms of Use. You are responsible for all activities related to the Services that occur through your account and password. It is your responsibility to keep your Website profile information accurate. You agree to keep your password confidential, not use others’ accounts, nor permit others to use your account. WBH Marketing reserves the right to terminate accounts in its discretion.
4. Content
You may submit feedback, ideas, reviews, comments, photos, or other content to the Website (“Submissions”). You represent that you own or control all of the rights to your Submissions and that the Submissions do not violate these Terms of Use, or the rights of any third party. You are solely responsible for your Submissions. We may, but are not obligated to, monitor and edit or remove Submissions, and has no obligation to store Submissions. You grant the Website a perpetual, unlimited right to use, reproduce, modify, distribute, and display your Submissions worldwide in any media. Website may, but is not obligated to, post the name you associate with the Submission. Additionally, you grant Website a perpetual unlimited license to use, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to Website, without any further consent, notice and/or compensation to you or to any third parties.
5. Copyright, Trademark and Service Mark Notices
All contents of the Website are: Copyright © WBH Marketing, Inc., 2140 E. Southlake Blvd., Suite L615, Southlake, Texas 76092. All rights reserved. We Buy Houses and WEBUYHOUSES.COM are registered trademarks of WBH Marketing, Inc. Other product and company names mentioned herein, including the names of Investors and Sellers, may be the trademarks of their respective owners.
Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any service mark or trademark (individually and collectively, “Mark” or “Marks”) displayed on the Website, without the prior written permission of the WBH Marketing or the applicable Mark holder specific for each such use. The Marks may not be used to disparage WBH Marketing, the Investors or Sellers, the applicable third party or the products or services of such parties, nor shall they be used in any manner that may damage any goodwill in the Marks. Use of any Mark as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by WBH Marketing in writing.
The Websites contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Website are copyrighted as a collective work under the United States copyright laws. WBH Marketing owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express written permission of WBH Marketing and the copyright owner. Elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors.
6. Disclaimers
YOUR ACCESS TO, USE OF AND RELIANCE ON OUR SITES AND SERVICES AND CONTENT ACCESSED THROUGH OUR SITES AND SERVICES IS ENTIRELY AT YOUR OWN RISK. OUR SITES AND SERVICES (INCLUDING, WITHOUT LIMITATION, THE WEBSITES, PROGRAMS, SERVICES, FORUMS AND CONTENT ACCESSED THROUGH THE WEBSITES, PROGRAMS, SERVICES AND FORUMS) IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, WE ALSO DISCLAIM ALL WARRANTIES FOR OR WITH RESPECT TO: (A) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF OUR SITES AND SERVICES AND CONTENT ACCESSED THROUGH OUR SITES AND SERVICES; (B) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES; AND/OR (C) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON OUR SITES AND SERVICES OR IN CONTENT).
THESE DISCLAIMERS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.
7. Limitations of Liability
WE AND OUR REPRESENTATIVES WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF WE OR OUR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES; ANY INABILITY TO ACCESS OR USE OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES, OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES. NOTHING IN THESE TERMS WILL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER.
THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON OUR SITES AND SERVICES AND LINKS IN CONTENT ACCESSED THROUGH OUR SITES AND SERVICES).
IN NO EVENT WILL OUR OR OUR REPRESENTATIVES LIABILITY IN CONNECTION WITH ACCESS TO, USE OF OR RELIANCE ON OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES BY YOU EXCEED THE AMOUNTS PAID BY YOU TO US, IF ANY. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR FIVE HUNDRED DOLLARS ($500.00), WHICHEVER IS LESS. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID PROVIDER ANY AMOUNTS IN THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE IS TO STOP USING OUR SITES AND SERVICES AND TO CANCEL YOUR ACCOUNT, IF ANY.
You hereby release us and each of our representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to our sites and services or content accessed through our sites and services, or any interactions with others arising out of or related to our sites and services or content accessed through our sites and services, and you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
As a condition of use of the Websites and/or WBH Marketing’s Services, you agree to indemnify WBH Marketing from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from your use of the Websites, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement.
