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Terms of Use

Cash Offrs Terms of Use

These Terms of Use are effective on April 1, 2021.

These Terms of Use (“Terms”) govern your access to and use of the services provided by Cash Offrs, Inc., a Delaware corporation (“Cash Offrs”, “we”, “us”, or “our”), including (a) our website, our application, our platform and our other tools and services that reference these Terms (collectively, the “Services”), and (b) any information, text, graphics, photos or other materials uploaded by you, downloaded by you, or otherwise accessed by or appearing on the Services, including, without limitation, any information about or descriptions and photos of, real estate listed by you on the Services (collectively, “Listings”). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

We may revise these Terms from time to time without direct notice to you, and the most current version of these Terms will be available at www.cashoffrs.com. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

These Terms apply to all properties marketed for sale using the Services whether accessed via the Cash Offrs website or the Cash Offrs mobile application. Cash Offrs, through the Services, operates an online marketing format in which a Seller will consider offers to purchase a property listed by such Seller.

Selected Offerors (as defined below) are required to execute a Seller’s purchase and sale agreement, or such other contracts or agreements evidencing the Selected Offeror’s obligation to purchase the property (each, a “Purchase Agreement”) and become a Buyer. The Purchase Agreement will contain the terms and conditions of the sale of any property marketed on Cash Offrs or its affiliated websites. The Purchase Agreement is between the Seller and the Buyer and Cash Offrs is not a party to the Purchase Agreement; provided, however, that Seller and Buyer agree to include in the Purchase Agreement an obligation to pay to Cash Offrs its Buyer’s Fee hereunder and Cash Offrs shall be an intended third-party beneficiary of the Purchase Agreement with respect to such Buyer’s Fee. In case of any conflict between provisions set forth in these Terms and any Purchase Agreement, such Purchase Agreement shall control with respect to the parties bound thereto and the property subject thereto (but not, for the avoidance of doubt, with respect to Cash Offrs, whose relationship with you will continue to be governed by these Terms).

  1. General

You are responsible for your use of the Services, for any Listings you post to the Services, any Listings you access from the Services, and for any consequences thereof. You acknowledge and agree that by consenting to these Terms and using the Services, Cash Offrs may access certain information on your mobile electronic device. Your Listings may be shared publicly by Cash Offrs and be viewed by other users of the Services, including commercial users (e.g., investors) (collectively, “Users”). You should only upload to Cash Offrs Listings that you intend to share with Users under these Terms. You may use the Services only in compliance with these Terms and all applicable laws, rules and regulations.

  1. Privacy

By accessing or using the Services, you intend to and expressly agree to be bound by all the terms and conditions of this Agreement and Cash Offrs’ Privacy Policy (available [here]) (the “Privacy Policy”), which is incorporated herein by reference. If you do not agree to these terms and conditions, you may not use the Services. Any information that you or other Users provide to Cash Offrs is subject to the Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use of your information as set forth in the Privacy Policy.

As part of the registration process, you will be asked to provide certain personal information to us. For more information about how we handle your personal information, please see the Privacy Policy. In providing us with information during the registration process, you agree to provide true, accurate, current, and complete information and to maintain and update such information as needed. You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Services and paying all charges related thereto.

We use many techniques to identify you when you register. However, because user authentication on the internet is difficult, we cannot and do not confirm each user’s purported identity. We encourage you to report any instances of fraud or other circumstances that call into question the purported identity of any user of Cash Offrs or the Services. You are solely responsible for any information you provide to us. You are responsible for maintaining the confidentiality of your Credentials, and you are solely responsible for all activities that occur under your Credentials. You agree not to share your Credentials with others. You agree to immediately notify us of any unauthorized use of your Credentials, or any other breach of security related to Cash Offrs or the Services.

  1. Eligibility

You may provide access to the Services to individual users (each, an “Authorized User”). You are solely responsible for Authorized User activities and interaction with the Services. You agree to ensure all Authorized Users are aware of any and all restrictions of use in these Terms, the Privacy Policy, and any other rules or requirements applicable to the Services. You agree to cause Authorized Users to comply with such provisions. You are solely responsible for all actions taken by and interactions with Authorized Users, including providing any disclosures governing an Authorized User’s interaction with the Services, and any applicable Privacy Policy or further obligations required by Cash Offrs or any applicable law. Any obligation imposed on you by these Terms shall be applicable to you and to any Authorized User.

By using the Services, you represent and warrant that you and each Authorized User:

  1. If an individual, are at least 18 years old;

  2. Are legally qualified to enter a binding contract with Cash Offrs and with any Seller;

  3. Are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country;

  4. Are not on any list of individuals prohibited from conducting business with the United States;

  5. Are not prohibited by law from using our Services;

  6. Do not have more than one account on our Services; and

  7. Have not previously been removed from our Services by us, unless you have our express written permission to create a new account.

If at any time you cease to meet these requirements, we reserve the right to delete your account with Cash Offrs, to revoke any and all Credentials held by you and any of your Authorized Users and to delete all Listings uploaded by you to Cash Offrs.

If you make an Offer, you represent and warrant that you meet all requirements for a Buyer set forth in the applicable Listing, including the ability to meet the financial obligations of a buyer of the subject property. If requested by a Seller listing a property through the Services, you may be required to upload a copy of a prequalification letter or provide evidence of proof of funds satisfactory to the Seller. By uploading a prequalification letter, you represent that the document is a bona fide prequalification letter and that its contents are true and accurate in all respects. By uploading proof of funds documentation, you represent that the documents are true and accurate in all respects.

  1. Your Responsibilities and Use of Your Listings

Liability: You acknowledge that you are solely responsible and liable for all any and use of the Services by you or any Authorized User, directly or indirectly, whether such access or use is permitted by or in violation of these Terms. Without limiting the generality of the foregoing, you are responsible for all acts and omissions of Authorized Users, and any act or omission by an Authorized User that would constitute a breach of these Terms if taken by you, will be deemed a breach of these Terms by you. You are further solely responsible for compliance with all applicable laws relating to your or any Authorized User’s use of the Services.

Listings: The Services may allow you to upload Listings and permit the hosting, sharing, or publishing of Listings. You have sole responsibility for all Listings uploaded to the Services by you. We are not responsible and make no representation or warranty concerning any Listings uploaded to the Services by any third party. Cash Offrs may include valuation or other information in plug-ins or API provided by Estated or other third parties in a Listing; Cash Offrs makes no representation or warranty with respect to, and is not responsible for, the accuracy, completeness, usefulness or reliability of any such information. Cash Offrs reserves the right to impose restrictions on the Listings you upload, including, but not limited to, the amount of Listings that can be uploaded and the length or expiry period for Listings. You shall be solely responsible for the Listings you submit and the consequences of Cash Offrs’ listing, posting, display, distribution, or publishing of such Listings. In connection with any Listings you or any of your Authorized Users submit, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Cash Offrs to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Listings to enable inclusion and use of the Listings in the manner contemplated by these Terms; and (ii) you have the written consent, release, or permission to use the name, image, or likeness of any individual identified in the Listings. IN CONNECTION WITH LISTINGS, YOU FURTHER AGREE THAT YOU WILL NOT SUBMIT MATERIAL THAT IS COPYRIGHTED, PROTECTED BY TRADE SECRET, OR OTHERWISE SUBJECT TO THIRD-PARTY PROPRIETARY RIGHTS, INCLUDING PRIVACY AND PUBLICITY RIGHTS, UNLESS YOU ARE THE OWNER OF SUCH RIGHTS OR HAVE PERMISSION FROM THEIR RIGHTFUL OWNER TO POST THE MATERIAL AND TO GRANT CASH OFFRS THE NECESSARY RIGHTS GRANTED IN THIS SECTION. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS CASH OFFRS FOR ANY AND ALL DAMAGE OR LIABILITY CASH OFFRS INCURS AS A RESULT OF YOUR VIOLATION OF THIS PARAGRAPH.

Acceptable Use: You agree not to misuse the Services or help anyone else do so. For example, you must not try to do any of the following in connection with the Services:

  1. probe, scan, or test the vulnerability of any system or network;

  2. breach or otherwise circumvent any security or authentication measures;

  3. access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you have not been invited to;

  4. interfere with or disrupt any User, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;

  5. access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk);

  6. send unsolicited communications, promotions or advertisements, or spam, including, without limitation, by contacting any Seller in response to a Listing except as expressly set forth in such Listing;

  7. send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;

  8. promote or advertise products or services other than your own without appropriate authorization;

  9. abuse referrals or promotions to get more storage space than deserved or to sell storage space received from referrals or promotions;

  10. circumvent storage space limits;

  11. sell the Services unless specifically authorized to do so;

  12. publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence or terrorist activity, including terrorist propaganda;

  13. advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual orientation, disability, or impairment;

  14. harass or abuse Cash Offrs personnel or representatives or agents performing services on behalf of Cash Offrs;

  15. violate the law in any way, including storing, publishing or sharing material that’s fraudulent, defamatory, or misleading;

  16. violate the privacy or infringe the rights of others;

  17. post information that is deceptive, false, inaccurate, misleading, fraudulent, threatening, harassing, libelous, defamatory, obscene or otherwise objectionable as determined by us or under applicable law;

  18. post information that involves unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; or

  19. interfere with, disrupt or otherwise adversely impact the use of the Services by any other individual or entity.

Equipment: You shall be responsible for providing, maintaining and ensuring that you and your Authorized Users are able to access and use the Services, including compatible hardware, software, internet access, security software, backup devices or services, and any other requirements. Cash Offrs shall have no responsibility to provide any additional software or hardware. You, on your own behalf and on behalf of your Authorized Users, agree that Cash Offrs shall have no responsibility for any data loss or other damage or loss suffered in connection with your use of the Services, including any failure to provide adequate security or backup devices or services.

Correct Information: You are responsible for ensuring Cash Offrs has accurate and current information for your account, including current contact and payment information. You are further responsible for regularly reviewing the associated e-mail account for, and, if requested, responding to, any communications from Cash Offrs.

Account Security: If you are provided with a user name, password, credentials file, or any other piece of information as part of any security procedure (“Credentials”), you must treat such information as confidential. You must not disclose Credentials to any other person or entity. You acknowledge that your account and Credentials are personal to you, and further agree not to provide any other person with access to the Services or portions of it using your Credentials. You agree to notify Cash Offrs immediately of any unauthorized access to or use of your Credentials or any other breach of security. Cash Offrs has the right to disable any Credentials or other identifier at any time, whether set up by you or any Authorized User, or provided by Cash Offrs.

Compliance with Laws. You agree to use the Services only for lawful purposes, and to conduct your business and any transaction or offering of securities that uses the Services, in accordance with all applicable laws and regulations, including but not limited to all applicable federal and state laws and regulations governing the offer and sale of securities, money laundering, and counter-terrorism.

Third-Party Service Providers: Cash Offrs may from time to time and in its sole discretion engage other service providers to assist in the performance of the Services, such as web hosting providers, payment processors, and other third parties. You agree to abide by the terms of use and other requirements associated with the services provided by such third parties in connection with the Services.

Shill Bidding; Fraudulent Marketing: Shill bidding (where a user makes an offer on a property to artificially increase the price, desirability or search standing of that property) is expressly prohibited on the Services and is a violation of these Terms. You may not market or make an Offer on any property on the Services (or consummate any transaction that was initiated using the Services) that could cause us to unknowingly participate in, or contribute to, the violation of any applicable law, statute, ordinance or regulation. We have a “zero-tolerance” policy for the posting of false or fraudulent marketing, which includes any properties you do not own or have a right to sell. We are committed to keeping our site and user community safe, and will report any and all suspected use of our site for scamming, fraudulent, or extortive purposes to the appropriate law enforcement agency or regulators.

Beta Services: You may choose to use Services or features identified as alpha, beta, preview, early access, or evaluation, or words or phrases with similar meanings (“Beta Services”) in your sole discretion. If you choose to use any Beta Services, you acknowledge and agree that: (a) Beta Services may not be supported and may be changed at any time without notice; (b) Beta Services may not be as reliable or available as the Services; (c) Beta Services have not been subjected to the same security measures and auditing to which the Services have been subjected; and (d) CASH OFFRS WILL HAVE NO LIABILITY ARISING OUT OF OR IN CONNECTION WITH BETA SERVICES – USE AT YOUR OWN RISK. In exchange for using Beta Services, you acknowledge and agree that Cash Offrs may contact you or your Authorized Users to obtain Feedback regarding Beta Services. Beta Services are confidential until officially launched by Cash Offrs. You agree to take reasonable measures to keep information regarding the Beta Services confidential, including at least those measures you take to protect your own confidential information of a similar nature. You agree not to disclose information regarding Beta Services to any third parties, and will keep new features and functionality confidential until officially launched by Cash Offrs. You may disclose information regarding Beta Services to the extent required by law or regulation if you give Cash Offrs reasonable advance written notice, to the extent permitted, so Cash Offrs can seek to prevent or limit the disclosure.

  1. Your License to Use the Services

Cash Offrs grants you a limited license to access the Services subject to the terms and conditions set forth in these Terms. You acknowledge and agree that Cash Offrs may modify, update, and otherwise change the Services at any time in its sole discretion.

Except for the limited license to access the Services identified in the preceding paragraph, you acknowledge that nothing contained in these Terms shall be construed as granting or conferring, by implication, estoppel or otherwise, any right, title, or interest to any intellectual property, including any (i) inventions (whether patentable or not in any country), patents, patent applications, invention disclosures, improvements, trade secrets, proprietary information, know how, information, or technical data; (ii) copyright protected works, copyright registrations, mask works, mask work registrations or applications in the United States or any foreign country; (iii) trademarks, trademark registrations, service marks, logos or applications therefor in the United States or any foreign country; (iv) trade secrets; or (v) any other tangible or intangible proprietary rights anywhere in the world.

If you are a licensed real estate broker, agent or salesperson (a “Licensed Real Estate Agent”) acting in your professional capacity, you are permitted to use the Services to take actions on behalf of your clients, to the extent permitted by law. This license does not include: (i) the right to resell, white label or reuse the Services or any Listings retrieved from the Services; (ii) the right to collect or use any listings, descriptions or prices or any data related thereto contained in the Services except to determine whether to make an offer; (iii) the right to download, copy or otherwise use account information for the benefit of any third party (except in your capacity as Licensed Real Estate Agent acting on behalf of a client); or (iv) the right to data-mine or use any robots or similar data-gathering and extraction tools on the Services.

  1. Intellectual Property Rights; Feedback

Trademarks: Certain trademarks, service marks, and logos, including without exclusion the Cash Offrs trademark and associated logo (the “Trademarks”) used and displayed in connection with the Services are owned by Cash Offrs. The Services may also contain or refer to third-party trademarks, trade names, product names, and logos that may be registered trademarks of their respective owners. Under no circumstances may you use or copy any of the Trademarks. Nothing herein should be construed as granting any license or right to use any Trademarks displayed in connection with the Services without Cash Offrs’ express written permission.

Copyrighted Works: All Listings provided in connection with the Services and these Terms, including, but not limited to, computer software, images/video, electronic art, graphics, sounds/audio, data, communications programs, and user interfaces, executable code, computer code, and data formatted, organized, and collected in a variety of forms, including layouts, pages, screens, and databases and any and all other copyright-protected work associated with the Services (“Copyrighted Works”) are exclusively owned by Cash Offrs and are protected by U.S. and international copyright laws. You agree not to directly or indirectly copy, reproduce, modify, create derivative works from, distribute, or publicly display the Copyrighted Works without the prior express written permission of Cash Offrs.

Feedback: If you or any of your employees or Authorized Users sends or transmits any communications or materials to Cash Offrs by mail, email, telephone, or otherwise, suggesting or recommending changes to the Services, including, without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), Cash Offrs is free to use such Feedback irrespective of any other obligation or limitation between the Parties governing such Feedback. Cash Offrs is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Cash Offrs is not required to use any Feedback.

DMCA Copyright Notice: Cash Offrs respects the intellectual property rights of others and it is Cash Offrs’ policy to expeditiously process and review and notices of claimed infringement of copyright or other applicable intellectual property laws. Any notices of claimed infringement should be sent to Cash Offrs at [email protected], and must contain all of the following: (i) a signature (physical or electronic) of the copyright owner or a person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim is infringing and is to be removed or have access to same disabled, and information sufficient to permit our administrators to locate the material; (iv) information sufficient for us to contact you, such as address, telephone number and e-mail address; (v) a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. If you believe any Listings or materials posted or uploaded by you were improperly removed or disabled, you may submit a notice to [email protected] with all of the following: (A) your signature (physical or electronic); (B) a description of the work at issue; (C) a statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (D) your name, address and telephone number, and a statement that you consent to jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.

  1. License Grant to Your Listings

By submitting Listings to the Services, you expressly grant, and you represent and warrant that you have a right to grant, to Cash Offrs and our third-party partners, a royalty-free, transferable, perpetual, irrevocable, non-exclusive, fully sublicensable worldwide license to use, publish, display, reproduce and store such Listings, in whole or in part, and in any form, format, media or technology, whether now known or hereafter developed, for use in connection with the Services. You agree that this license includes the right for Cash Offrs to provide, promote, and improve the Services and to make Listings submitted to or through the Services available to other Users of the Services, subject to these Terms. You understand, acknowledge, and agree that: (i) all rights in this paragraph are granted by you without the need for any additional compensation of any sort to you (cash or otherwise); and (ii) Listings owned by you do not include Feedback.

You agree that Cash Offrs may monitor your activities in your use of the Services and in your account. Registration data and other information about you are subject to the Privacy Policy. Your information may be stored and processed in any country worldwide. You consent to the transfer of your information outside the state of Delaware, the United States and/or your country.

  1. Restrictions on Listings and Use of the Services

We reserve the right to immediately suspend or terminate Users from the Services for any reason or no reason. We also reserve the right to access, read, preserve, and disclose any information or Listings as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, (v) protect the rights, property or safety of Cash Offrs, its Users and the public, or (vi) protect our legitimate business interests.

You agree not to use the Services for any purposes beyond the scope of the access granted in these Terms. You shall not at any time, directly or indirectly, and shall not permit any third party to: (i) copy, modify, or create derivative works of the Services, in whole or in part; (ii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; or (iii) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that otherwise violates any law, regulation, or other legal requirement.

YOU AGREE NOT TO CONTACT ANY USER OUTSIDE THE SERVICES FOR THE PURPOSE OF SOLICITING OR OTHERWISE IN CONNECTION WITH A TRANSACTION WITH RESPECT TO ANY PROPERTY LISTED BY ANY USER ON THE SERVICES. YOU AGREE THAT, NOTHWITHSTANDING ANY AGREEMENT YOU PURPORT TO ENTER INTO WITH ANY USER OF THE SERVICES, WITH RESPECT TO ANY OFFER OR AGREEMENT TO PURCHASE ANY PROPERTY LISTED ON THE SERVICES, YOU WILL BE LIABLE TO CASH OFFRS FOR THE FULL AMOUNT OF THE BUYER’S FEE WITH RESPECT TO SUCH TRANSACTION AND SUCH PROPERTY.

  1. Your Interactions with Other Users.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF OUR SERVICES, AND YOU AGREE TO TAKE ALL REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT CASH OFFRS DOES NOT CONDUCT SCREENINGS OF ITS USERS OF ANY KIND. CASH OFFRS ALSO DOES NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS ON ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. CASH OFFRS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR INTERESTS, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY INJURY POTENTIALLY INCURRED BY ITS USERS. CASH OFFRS RESERVES THE RIGHT TO CONDUCT ANY SCREENINGS OF ITS USERS AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.

  1. No Endorsement, Sponsorship, or Guarantee of Users or Third Parties.

CASH OFFRS DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY LISTINGS PROVIDED THROUGH THE SERVICES, OR (II) ADOPT, ENDORSE, NECESSARILY AGREE WITH, OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION, CLAIM, VALUATION, OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS IN THE SERVICES OR ANY LISTING. IF YOU ARE ACCESSING LISTINGS PROVIDED BY OTHER USERS, YOU ACKNOWLEDGE AND AGREE THAT SUCH LISTINGS ARE BEING PROVIDED TO YOU BY SUCH OTHER USER(S) AND NOT BY CASH OFFRS. YOU AGREE TO MAKE YOUR OWN INDEPENDENT ASSESSMENT OF ANY SUCH LISTINGS AND THE INFORMATION SET FORTH THEREIN, AND SEEK YOUR OWN PROFESSIONAL ADVICE REGARDING SUCH LISTINGS, SUCH INFORMATION AND ANY ACTION YOU CONSIDER OR TAKE ON THE BASIS OF SUCH LISTINGS. UNDER NO CIRCUMSTANCES WILL CASH OFFRS OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON LISTINGS OR OTHER INFORMATION POSTED IN THE SERVICES, OR TRANSMITTED TO OR BY ANY SELLER OR OTHER USER THROUGH THE SERVICES.

  1. Termination

You may terminate your account at any time by written notice to [email protected].

Cash Offrs may suspend or terminate your account or cease providing you with all or part of the Services at any time for any reason and without notice, including, but not limited to, if we believe: (i) you have violated these Terms; (ii) you create security or other risk or possible legal exposure for us; (iii) our provision of the Services to you is no longer commercially viable; or (iv) prolonged inactivity on your account. We will make reasonable efforts to notify you by email or through your account of such termination. We are not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.

After your account is terminated, these Terms will terminate except any rights or obligations that, by its nature, should survive account termination shall survive, including: Section 6 (Intellectual Property Rights; Feedback), Section 9 (Your Interactions with Other Users), Section 10 (No Endorsement, Sponsorship or Guarantee of Users or Third Parties), Section 11 (Termination), Section 12 (Disclaimers, Limitations of Liability, and Indemnity), Section 13 (Fees), Section 14 (Other Terms and Conditions for Licensed Real Estate Agents); Section 16 (Arbitration and Governing Law) and Section 17 (Miscellaneous) shall survive such termination. For the avoidance of doubt, following any such termination or suspension, except as provided in these Terms, you remain liable to Cash Offrs for any unpaid Buyer’s Fees with respect to any purchase of a property listed on the Services, upon consummation of such purchase.

  1. Disclaimers, Limitations of Liability, and Indemnity

Cash Offrs tries to keep the Services accessible, error-free and safe, but cannot guarantee that the Services will be secure or that access to or use of the Services will be uninterrupted or free of errors or omissions. Cash Offrs does not warrant that the Services will operate error-free, or that the Services and Cash Offrs’ servers are free of computer viruses or other harmful components. Cash Offrs uses reasonable care and skill in providing the Services, but beyond that, the Services are provided without any warranties of any kind. 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 the Services for any reconstruction of any lost data.

ALL PROPERTIES MARKETED FOR SALE THROUGH THE SERVICES ARE FOR SALE WITH NO EXPRESS OR IMPLIED GUARANTEES OR WARRANTIES WHATSOEVER BY CASH OFFRS OR THE APPLICABLE SELLER, OR ANY OF THEIR RESPECTIVE AFFILIATES, UNLESS REQUIRED BY LAW. Without limiting any other provision of these Terms or any applicable Purchase Agreement, you acknowledge and agree that if you are making an Offer for a property and, if you are ultimately the purchaser of the property, you are acquiring it in its present state and condition as of the date you submit the Offer, with all defects, both patent and latent, and with all faults of the property whether known or unknown, presently existing or that may thereafter arise. Furthermore, the property is subject to all terms and conditions set forth on the Listing on the Services for such property (including any linked pages containing additional information) and any other terms and conditions specified by the Seller. You acknowledge and agree that Cash Offrs and its affiliates have not made, do not make and, moreover, specifically negate and disclaim any representations, warranties, promises, covenants, agreements or guarantees of any kind or character whatsoever, whether express or implied, oral or written, past, present or future, of, as to, concerning or with respect to the applicable Property, including, without limitation: (a) the value, nature, quality or condition of the property; (b) the income to be derived from the property; (c) the suitability of the property for any and all purposes, activities and uses which you may conduct thereon; (d) the compliance of or by the property or its operation with any laws, rules, ordinances or integrity of the land or any buildings or improvements of any applicable governmental authority or body; (e) the habitability, merchantability, marketability, profitability or fitness for a particular purpose of the property; (f) the manner or quality of the construction or materials, if any, incorporated into the property; (g) the manner, quality, state of repair or lack of repair of the property; (h) the conformity of the improvements to any plans or specifications for the property that may be provided to you; (i) the conformity of the property to applicable zoning or building code requirements; (j) the existence of soil instability, past soil repairs, susceptibility to landslides, sufficiency of under-shoring, sufficiency of drainage, or any other matter affecting the stability or integrity of the land or any buildings or improvements situated thereon; (k) whether the property is located in a special studies zone under the public resources code or a seismic hazards zone or a state fire responsibility area, or a special flood hazard zone; or (l) any other matter with respect to the property. You acknowledge that the property may not be in compliance with applicable zoning, building, health or other law or codes, that the Seller may not have occupied the property and that the property may not be in habitable condition. You further acknowledge and agree, without limitation, that Cash Offrs, the applicable Seller and their respective affiliates have not made, do not make, and specifically disclaim any representation regarding compliance with any laws, including the Americans With Disabilities Act or with any federal, state or local environmental protection, pollution or land use laws, rules, regulations or orders or requirements, including as defined by the U.S. Environmental Protection Agency regulations or the disposal or existence, in or on the properties, of any hazardous substance, as defined by the comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, and regulations promulgated there under. You and anyone claiming by, through, under, or on behalf of you hereby fully and irrevocably release Cash Offrs and its affiliates (and each of their respective employees, officers, directors, representatives, attorneys and agents) from any and all claims that you may now have or hereafter acquire against any Seller or against Cash Offrs, and its affiliates (and their respective employees, officers, directors, representatives, attorneys, and agents) for any cost, loss, liability, damage, expense, demand, action or cause of action arising from or relating to any construction defects, efforts, omissions, or other conditions, including environmental matters, affecting the property(-ies), or any portion thereof. You should consider these matters when registering on the Services and making an Offer for properties marketed on the Services. You acknowledge and agree that the availability of any property for an inspection, and the process by which you may arrange for an inspection, is solely within the discretion of the Seller and Cash Offrs has no control or input regarding such inspections.

CASH OFFRS AND ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, AND AFFILIATES PROVIDE THE SERVICES “AS IS WITH ALL FAULTS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, AND CASH OFFRS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES WHETHER EXPRESS OR IMPLIED AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. CASH OFFRS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THE AVAILABILITY OF LISTINGS, THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THAT THE FUNCTIONS CONTAINEDIN THE SERVICES WILL FUNCTION WITH OTHER SOFTWARE OR HARDWARE, OR WITHIN A SYSTEM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CASH OFFRS OR A CASH OFFRS-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLES TATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION MAY NOT APPLY.

You acknowledge and agree that Cash Offrs (i) is not as a licensed real estate agent or broker and does not provide real estate advisory, realty or other similar services and (ii) does not provide any real estate financial or valuation advice or services. If you place a Listing on the Services, Cash Offrs may refer you to a third-party real estate agent or broker, in which case Cash Offrs makes no representation or warranty with respect to any services you choose to procure from such third party.

You acknowledge and agree that at times the Services may be inaccessible or inoperable for any reason whatsoever, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Cash Offrs may undertake from time to time without notice to you; or (iii) causes which are beyond the control of Cash Offrs or which are not reasonably foreseeable.

IN NO EVENT WILL CASH OFFRS, ITS AFFILIATES, 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 SERVICES OR ANY LISTINGS ASSOCIATED WITH THE SERVICES, OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, 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 BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT CASH OFFRS HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO THE EXTENT LIABILITY CANNOT BE EXCLUDED OR LIMITED AS SET FORTH ABOVE, IN NO EVENT SHALL CASH OFFRS BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, IN EXCESS OF THE AMOUNT ACTUALLY PAID BY YOU TO CASH OFFRS UNDER THESE TERMS WITH RESPECT TO THE PROPERTY AND TRANSACTION TO WHICH SUCH CLAIM RELATES.

THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.

You agree to indemnify, defend, and hold harmless Cash Offrs, our affiliates, advertisers and each of our/their respective directors, officers, shareholders, employees, independent contractors, agents, representatives and successors and assigns, from and against any losses, liabilities, suits, claims, actions, costs, damages and expenses (including, without limitation, reasonable attorneys’ fees and expenses) directly or indirectly resulting from, arising out of, relating to or in connection with (i) violation of these Terms by you, any Authorized User or other person using your account or Credentials, (ii) your or any Authorized User’s access to or use of the Services, (iii) any information used, stored, or transmitted in connection with your account or Credentials; (iv) breach of the rights of any third party, including but not limited to privacy, publicity, intellectual property, or other proprietary rights, by you, any Authorized User or anyone using your account or Credentials; or (v) violation of any law, regulation, or other legal requirement. This paragraph is intended to be applicable to the maximum extent allowed by law.

  1. Fees

Buyer’s Fee: The Buyer’s Fee is charged to Buyers who purchase a property through the Services. The Buyer’s Fee is calculated based on a percentage of the Buyer’s latest Selected Offer, which will initially be four percent (4%) of the Selected Offer. Any subsequent changes to the purchase price of the property do not impact calculation of the Buyer’s Fee. Cash Offrs reserves the right to change the Buyer’s Fee at any time by disclosing to Offerors the then-current Buyer’s Fee on the page of the applicable Listing. As an Offeror, you are encouraged to carefully review the applicable Listing page for the Buyer’s Fee when you make an offer. As an Offeror, you agree that you will be liable for, and must pay, the Buyer’s Fee with respect to any transaction. Each User hereby agrees for himself, herself or itself, and for any of his, her or its officers, directors, agents, associates and any related parties, from the date of any Listing until the Non-circumvention Termination Date, that each such party will not, directly or indirectly, contact, deal with or otherwise become involved with any entity or any other entities or parties (other than pursuant to these Terms) introduced, directly or indirectly, by or through the Services or other services provided by Cash Offrs hereunder, with respect to the subject property of such Listing, without the prior written consent of Cash Offrs. Each User agrees not to take any action or inaction with the intent or that has the effect of avoiding the payment by any Buyer or Selected Offeror of a Buyer’s Fee with respect to a sale of any property listed on the Services. The “Non-circumvention Termination Date” means the date that is the earlier of (i) the closing date of a sale transaction with respect to the subject property of such Listing with a Buyer, in which a Buyer’s Fee is paid to Cash Offrs, and (ii) the date that is six (6) months following the removal of such Listing from the Services.

Authorization Hold: If you decide to make an Offer for any property listed on the Services, we will place an authorization hold that you agree will be placed on your credit card or debit card. You authorize such hold immediately prior to making an Offer, as a condition to making such Offer. The authorization hold is not a charge on your card, but is your direction to your financial institution to render the authorized amount unavailable (i.e., on hold) until such time as the hold is either released or the transaction is cleared (i.e., charged) on your account with such financial institution. The authorization hold remains in place until the Seller chooses a Selected Offeror. If you make an Offer and are not chosen as the Selected Offeror, the authorization hold will be released after the Seller has chosen the Selected Offeror, typically five to ten business days thereafter. If you make an Offer and the Seller accepts such Offer and you are chosen as the Selected Offeror, the authorization hold will be converted into a transaction and the amount will be charged to the Selected Offeror’s card; this charge is NON-REFUNDABLE other than in certain limited circumstances described below. We reserve the right, and if you place an Offer you allow us, to reauthorize the hold as needed in order to satisfy the timeframes described above.

We will retain such transaction amount as a deposit (a “Deposit”) until such time as the Selected Offeror: (a) satisfies all of their obligations in connection with the execution of the Purchase Agreement, namely, (I) responding to any information requests made to the Selected Offeror in order to generate the Purchase Agreement, (II) executing the Purchase Agreement and sending it back to the Seller’s representative within the required timeframe, and (III) sending the Earnest Money Deposit to the designated escrow agent within the required timeframe, or (b) fails to satisfy all of the aforementioned obligations.

  • If a Selected Offeror satisfies all of the foregoing obligations, a transaction is consummated, and the Selected Offeror pays the Buyer’s Fee to Cash Offrs as required by this Section 13, then the full amount of the Deposit will be deducted from the amount of the Buyer’s Fee payable at the closing of such transaction. The deduction of the amount of the Deposit from amounts payable by the Buyer, including the Buyer’s Fee, at such closing will be reflected in a closing statement prepared in connection with such closing.

  • If, on the other hand, a Selected Offeror fails to satisfy any of the foregoing obligations, then the amount of the Deposit will be retained by Cash Offrs as liquidated damages. You acknowledge and agree that your failure to satisfy any of the foregoing obligations, including payment of the Buyer’s Fee in connection with a purchase transaction, will cause Cash Offrs to incur substantial economic damages and losses of types and in amounts which are impossible to compute and ascertain with certainty as a basis for recovery of actual damages, and that liquidated damages represent a fair, reasonable and appropriate estimate thereof. Accordingly, in lieu of actual damages for such delay, you agree that liquidated damages in the amount of the Deposit may be assessed and recovered by Cash Offrs, without Cash Offrs being required to present any evidence of the amount or character of actual damages sustained by reason thereof. Such liquidated damages are intended to represent estimated actual damages and are not intended as a penalty, and you shall be liable for and shall pay them to Cash Offrs without limiting Cash Offrs’ other rights under these Terms or otherwise at law or in equity.

  • If a Selected Offeror satisfies all of the foregoing obligations and is ready and willing to close the applicable purchase and sale transaction, but (i) the Seller fails to meet its obligation to close such transaction and (ii) for any reason the Selected Offeror does not elect to exercise any rights to injunctive relief, specific performance or other equitable remedy pursuant to the applicable Purchase Agreement; then the Selected Offeror will be entitled, upon reasonable notice to Cash Offrs, to a refund of the full amount of the Deposit. Cash Offrs will use commercially reasonable efforts to refund such amount within 30 days following receipt of written notice of the foregoing.

We use Stripe as our third-party payment processor to handle processing of the credit or debit card information you submit in connection with an Offer on a property listed on the Services. By providing your information in connection therewith, you are consenting to Stripe’s collection, use, retention and disclosure of any personal information provided in accordance with the Stripe Privacy Policy, which you can find here. We are not liable for the collection, use retention or disclosure of such information by Stripe.

Making an Offer and Buying: Sellers who market properties on the Services are inviting users to make a proposal to contract with them; Sellers are not making an offer to users to contract. This means that the Seller can withdraw the property from the Services at any time. Making an Offer on a property indicates your intent to purchase such property and is considered your acceptance of the Seller’s invitation to make an offer to enter into a contract with the Seller, which offer remains open until the earliest of (i) the Seller accepting the offer, which acceptance can only be effectuated by Seller’s execution of a Purchase Agreement after such Purchase Agreement has been executed by all parties thereto, on the terms of such Purchase Agreement, (ii) the Seller and another Buyer executing a Purchase Agreement with respect to such property, or (iii) the property being remarketed on the Services in a separate listing. If you make an Offer, you are obligated to complete the transaction with the Seller if you submit a Selected Offer. NOTWITHSTANDING THE FOREGOING OR ANYTHING IN THESE TERMS OR ANY OTHER DOCUMENTATION TO THE CONTRARY, BY RECEIVING ANY OFFER, INCLUDING WITHOUT LIMITATION A SELECTED OFFER, THE SELLER IS NOT OBLIGATED TO SELL THE PROPERTY TO THE OFFEROR OR ANY OTHER PERSON OR ENTITY UNTIL A PURCHASE AGREEMENT HAS BEEN EXECUTED BY THE SELLER AND ANY OTHER PERSONS OR ENTITIES REQUIRED TO DO SO BY THE PURCHASE AGREEMENT. Any person who fails to consummate a purchase after submitting a Selected Offer may be charged the amount of the authorization hold, if applicable, which is NON-REFUNDABLE, and/or may barred from using the Services. Similarly, if you default in payment of any Earnest Money Deposit or Buyer’s Fee, you may be barred from using the Services. By making an offer on a property, you agree to be bound by these terms and conditions. Offers cannot be withdrawn once placed. Additionally, if you, as a Selected Offeror or Buyer, fail to complete the transaction, you may be in breach of contract and subject to legal claims by the Seller, and/or other parties to the transaction.

Seller Acceptances: With all properties marketed on the Services, all Offers are subject to review and approval from the Seller, which acceptance or deletion is wholly within the Seller’s sole discretion. Seller may accept or reject any Offer, including, for the avoidance of doubt, the highest Offer received, and regardless of whether the Reserve Price has been met. The Selected Offeror will receive a communication when the Selected Offer is approved by the Seller.

Earnest Money Deposit: The minimum required Earnest Money Deposit is generally calculated based on a predetermined percentage of your Offer or offer amount. If you make an Offer, you agree to pay the Earnest Money Deposit to the escrow agent under the Purchase Agreement in the amount and within the timeframes set forth in the applicable Purchase Agreement and in accordance with instructions from the Seller. The terms regarding the handling and application of the Earnest Money Deposit are as set forth in the applicable Purchase Agreement. Cash Offrs does not hold Earnest Money Deposits at any time and is not responsible for and has no control over the amount or terms of any Earnest Money Deposit.

  1. Other Terms and Conditions for Licensed Real Estate Agents

The provisions of this Section 14 apply only to Licensed Real Estate Agents.

Acknowledgments and Responsibilities of Licensed Real Estate Agents (Seller): Any Licensed Real Estate Agent who markets a property on the Services on behalf of a Seller hereby:

    1. acknowledges that marketing the property on the Services does not ensure or guarantee that the property will receive Offers or be sold;

    2. represents and warrants that the marketing is made on behalf of, and with permission from, the Seller of such property;

    3. agrees to load the property on the Services correctly, and to contact Cash Offrs with any questions as to proper loading;

    4. agrees to enter the correct offer price under proper authority of the Seller;

    5. agrees to enter a proper description of the property and to ensure all other information regarding the property is correct during the entire time the property is marketed on the Services;

    6. agrees to specify in the appropriate MLS listing(s) that all property offers should be made and entered through the Services;

    7. agrees to enter or have entered on the Services any offer such Licensed Real Estate Agent or the Seller of such property receives to purchase such property outside the Services;

    8. agrees to indicate on the Services within a reasonable timeframe whether the Seller of the property has accepted a Selected Offer for the property;

    9. agrees that Cash Offrs is not responsible for any agent commissions that may be payable a result of the sale of the property on the Services; and

    10. agrees not to, and to cause its employees, officers, directors, affiliate and representatives not to, cause or facilitate any client Seller to circumvent any provision of these Terms or any other agreement in place between Cash Offrs and such Seller.

Acknowledgments and Responsibilities of Licensed Real Estate Agents (Buyer): Any Licensed Real Estate Agent who markets a property on the Services on behalf of a User hereby:

  1. represents and warrants that the offer is made on behalf of, and with permission from, such User;

  2. agrees to enter the correct Offer price under proper authority of the User making the Offer;

  3. agrees not to attempt to circumvent the Buyer’s Fee or take any other action that would assist such User in violating these Terms; and

  4. agrees that Cash Offrs is not responsible for any agent commissions that may be payable a result of the sale of the property on the Services.

Licensed Real Estate Agent Indemnification: Any Licensed Real Estate Agent who adds a property to the Services agrees to indemnify, defend, and hold Cash Offrs and its affiliates, and their respective officers, employees, agents and representatives, harmless from and against any and all damages, costs, fees (including actual attorney’s fees incurred) arising out of any disputes relating to the marketing of such property on the Services or any commissions payable in connection with such property.

  1. Links

The Services may contain, and the Services or third parties may provide, advertisements and promotions offered by third parties and links to other web sites or resources. You acknowledge and agree that Cash Offrs is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found in or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that Cash Offrs shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.

  1. Arbitration and Governing Law

Except for users residing within the European Union and elsewhere where prohibited by applicable law:

  1. The exclusive means of resolving any dispute or claim arising out of or relating to these Terms (including any alleged breach thereof) or the Services shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.

  2. By using the Services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

  3. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in the state of Delaware. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

  4. These Terms, and any dispute between you and the Company, shall be governed by the laws of the state of Delaware without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

For users residing in the European Union or elsewhere where this arbitration agreement is prohibited by law, the laws of the state of Delaware, U.S.A., excluding Delaware’s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms or the Services. All claims arising out of or relating to these Terms or the Services will be litigated exclusively in the federal or state courts of the state of Delaware and you and Cash Offrs consent to personal jurisdiction in those courts.

  1. Miscellaneous

The failure of Cash Offrs to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. These Terms and our Privacy Policy are the entire and exclusive agreement between Cash Offrs and you regarding the Services, and these Terms supersede and replace any prior agreements between Cash Offrs and you regarding the Services. These Terms and the rights granted hereunder may not be transferred or assigned by you. Any attempted transfer or assignment of these Terms or the rights granted hereunder by you shall be null and void. Cash Offrs may assign or transfer these Terms and the rights granted hereunder without restriction of any kind.

Appendix

Certain Definitions

As used in these Terms, the terms below have the following meanings:

“Offer” means an offer placed by a User and communicated via the Services to the applicable Seller on a property marketed on the Services. An Offer will be communicated only to the Seller and will not be displayed or otherwise made available to other Users (including, for the avoidance of doubt, any Users who make Offers on the subject property).

“Buyer” means a person who has entered into a binding Purchase Agreement with a Seller for a property marketed on the Services.

“Buyer’s Fee” means the fee charged by Cash Offrs to Buyers who purchase properties marketed on the Services.

“Earnest Money Deposit” means a good-faith deposit due and payable by a Buyer to an escrow agent under a Purchase Agreement.

“Reserve Price” means the minimum acceptable price set by the Seller for a property, which shall be displayed on the property listing on the Services. Even if an Offer meets the Reserve Price, the marketing period may continue to give other Users the opportunity to make Offers until the Seller decides to end the marketing period. Seller reserves the right not to enter into a Purchase Agreement to sell the property to a person or entity, including those with an offer meeting the Reserve Price.

“Selected Offer” means, with respect to a property which is marketed on the Services, an Offer on a listed property that was selected by the Seller, in its sole and absolute discretion. The Selected Offer may or may not be the highest Offer placed on the applicable listed property, as Sellers may consider other factors of Offer (such as type of funds used to purchase, requested contingencies, etc). A Selected Offer may or may not meet the applicable listing price or Reserve Price. A User with the Selected Offer (the “Selected Offeror”) does not automatically have the right to purchase the subject property, which remains contingent on the Seller and the Selected Offeror entering into a Purchase Agreement with respect to such property and fulfilling the terms of such Purchase Agreement.

“Seller” means a person or entity who is the owner, or is authorized to act on behalf of the owner, of a property marketed for sale on the Services.

Form last modified: March 30, 2021