Last updated: November 9, 2017
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.
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”).
WBH Marketing, Inc. (hereinafter “WBH Marketing”) operates this Website and shall have the right at any time to change or discontinue any aspect or feature of this Website and the right to modify the terms and conditions applicable to users of the Website, including these Terms of Use, or any part hereof. Such changes, modification, additions or deletions shall be effective immediately upon posting on the Website. Any use by you of the Website or the goods, facilities or services offered in or through the Website shall be deemed to constitute acceptance of such changes.
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.
You agree that any calls to or from us may be monitored or recorded for training or quality assurance purposes.
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.
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.
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.
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.
THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Any claim or controversy arising out of or relating to the use of the Website, to the goods or services provided by WBH Marketing, or to any acts or omissions for which you may contend WBH Marketing is liable, including but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”) in force at that time. The arbitration shall be venued in consumer location reasonably convenient to the consumer. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the parties shall agree on an arbitrator mutually agreeable to both parties. Should the AAA decline to accept a matter submitted for individual (non-class) arbitration under these Terms of Use, the parties shall jointly select another arbitrator. In the event the parties are unable to agree on a neutral arbitrator, the claimant may file suit in any court of competent jurisdiction solely for the purpose of requesting the appointment of an arbitrator for individual (non-class) arbitration, as provided for in Section 5 of the Federal Arbitration Act. To begin the arbitration process, a party must make a written demand therefor.
Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and WBH Marketing, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in the State of Texas. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys' fees.
This Agreement (which hereby incorporates by reference any other provisions applicable to use of the Website, including, but not limited to, any supplemental terms governing the use of certain specific material contained in the Website and any operating rules for the Website established by WBH Marketing) constitutes the entire agreement between you and WBH Marketing and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and WBH Marketing with respect to the Website and information, software, products and services associated with it.
This Agreement shall be subject to and construed in accordance with the laws of the State of Texas, excluding its conflict of laws principles. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.