Pilot Program - Terms of Use

Updated: October 2020

  1. Welcome to RealtyOffer, operated by (“us,” “we,” or “RealtyOffer”)! By creating a RealtyOffer account or by using any RealtyOffer service (collectively, the “Service”) you agree to be bound by these Terms of Use and any other terms disclosed to you by us in connection with the Service (collectively, this “Agreement”). We may make changes to this Agreement and to the Service, including suspension of the Service, without notice, for any reason and at any time. If you continue to use the Service after any changes become effective, then you agree to the revised Agreement. You agree that this Agreement shall supersede any prior agreements (except as specifically stated herein), and shall govern your entire relationship with RealtyOffer.

Top

  1. License. RealtyOffer grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service.

    By creating an account, you grant to RealtyOffer a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you input on the Service or transmit to other members (collectively, “Content”). RealtyOffer’s license shall be exclusive with respect to derivative works created through use of the Service. You agree that any Content you place or that you authorize us to place on the Service may be viewed by any person visiting or participating in the Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service. By submitting suggestions or feedback to RealtyOffer regarding our Service, you agree that RealtyOffer may use and share such feedback for any purpose without compensating you. You agree that RealtyOffer may access, preserve and disclose your account information and Content.

Top

  1. Eligibility. By creating an account and using the Service, you represent and warrant that:

    • you can form a binding contract with RealtyOffer
    • you will comply with this Agreement and all applicable laws, rules and regulations,
    • all of your Content is accurate and truthful and you have the right to post the Content on the Service
    • you will not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service,
    • you will not use any manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the Service or its contents,
    • you will not use the Service in any way that could interfere with, disrupt or negatively affect the Service,
    • you will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service
    • you will not bully, stalk, impersonate, intimidate, assault, harass, mistreat or defame any person or use the Service for any harmful or nefarious purpose,
    • you will not post any Content that violates or infringes anyone’s rights,
    • you will not use another user’s account, share an account with another user, or maintain more than one account, and
    • If you are an Agent (as defined below), you will notify RealtyOffer if a sale is completed (i.e. purchase or listing or a home).

Top

  1. Termination. You may terminate your account at any time, for any reason. RealtyOffer may terminate your account at any time without notice.

Top

  1. For Agents.

    • Payment Method. If you are a real estate agent or broker (“Agent”), you will provide RealtyOffer with a credit card, which will be held by a highly secured third-party merchant service company.
    • Marketing Fee. A $595 marketing fee will be charged when a lead has been awarded, followed by a completed sale (purchase or listing of a home), regardless of when such sale is completed. The $595 marketing fee will be charged from the Agent’s credit card on file with RealtyOffer. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, you remain responsible for any uncollected amounts. The terms of your payment may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method. All charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods.
    • Terms. Agent agrees to honor the pre-negotiated terms and conditions with any other member when an awarded bid is agreed upon.
    • Feedback. Agent agrees to provide RealtyOffer status and feedback of any sale or purchase that is awarded.
    • No Guarantee. Agent understands and agrees that even if a vetted lead is awarded, Agent understands there are no guarantees the consumer will utilize the Agent’s services.

Top

  1. Disclaimers. REALTYOFFER PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. REALTYOFFER DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE. REALTYOFFER TAKES NO RESPONSIBILITY FOR ANY CONTENT. REALTYOFFER DISCLAIMS AND TAKES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER MEMBER, ON OR OFF THE SERVICE.

Top

  1. Indemnity by You; Limitation of Liability. You agree to indemnify, defend and hold harmless RealtyOffer, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REALTYOFFER BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL REALTYOFFER’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO REALTYOFFER DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE FIRST CLAIM ACCRUED.

Top

  1. Miscellaneous. This Agreement shall be governed by the laws of the state of Michigan, without regard to its conflict of laws. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of RealtyOffer to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of or bind RealtyOffer in any manner.

Top