USA Homebuyers.com (sometimes referred to as the “Site”) is offered to you (the “User”) by USA Homebuyers, Inc. (the “Company,” “We,” or “Us”). By using the Site, or otherwise submitting information to Us, you acknowledge and agree that you have read and understand the following terms and conditions (the “Terms of Service”) and agree to be bound by them. We may change these Terms of Service from time to time. By continuing to use the Site (as defined below) or providing further information to the Company, following such modifications, you agree to be bound by such modifications to the Terms of Service. If you do not agree to these Terms of Service, do not use this Site.
Description of Services.
We provide you with the ability to obtain information about potential entities and individuals interested in investing in real estate (the “Investors”) and register your own interest in pursuing real estate transactions with such Investors (the “Services”). We do not charge Users any fees for our services. The Site does not offer lending services. The Site does not offer any real estate listing services. We are not agents of the User or any participating Investor. Investors may have the right to use certain licensed trademarks of the Company when identifying themselves to you. Such use does not imply any agency or representative relationship. Such Investors have only agreed to abide by certain Company established guidelines in the conduct of their business, a copy of which can be found at What Makes Our Network Members Different. Company does not take responsibility for, or endorse such Investors.
THE LISTING OF COMPANIES ON THE SITE, AND/OR YOUR ABILITY TO LINK TO ANOTHER WEBSITE FROM THIS SITE, OR THE FORWARDING OF YOUR INFORMATION TO A PARTICIPATING INVESTOR, DOES NOT CONSTITUTE A REFERRAL. INFORMATION CONTAINED ON THE SITE IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES. YOU MAY CHOOSE TO USE OR NOT TO USE THE INFORMATION CONTAINED ON THE SITE. WE DO NOT RECOMMEND, REFER, ADVISE, OR PREFER INDIVIDUALS TO USE ANY PARTICULAR COMPANY OR INVESTOR. IN ALL CASES, YOU SHOULD MAKE YOUR OWN JUDGMENTS AS TO WHICH INVESTOR WITH WHOM YOU SHOULD CONDUCT BUSINESS OR IF YOU SHOULD CONDUCT BUSINESS WITH ANYONE AT ALL. WE RECOMMEND THAT YOU EXPLORE ALL OF YOUR OPTIONS BEFORE SELLING TO AN INVESTOR, INCLUDING CONTACTING YOUR MORTGAGE INSTITUTION, SEEKING THE HELP OF A LICENSED REAL ESTATE PROFESSIONAL, CONSULTING WITH A REAL ESTATE ATTORNEY, EXPLORING ALTERNATIVE MEANS OF SELLING YOUR PROPERTY, AND EVALUATING THE RISKS AND BENEFITS OF ANY PROPOSED TRANSACTION. INVESTORS MAY DESIRE TO PURCHASE YOUR PROPERTY SIGNIFICANTLY BELOW ITS MARKET VALUE. THE INVESTOR IS SOLELY RESPONSIBLE FOR ITS BUSINESS DEALINGS WITH YOU, AND YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY INVESTOR’S SERVICES OR ANY TRANSACTION ARISING FROM SUCH A RELATIONSHIP. IF ANY PARTY, INCLUDING ANY INVESTOR, CONTACTS YOU AND HOLDS THEMSELVES OUT AS A REPRESENTATIVE OR AGENT OF THE COMPANY PLEASE CONTACT US IMMEDIATELY.
Your information will be forwarded to certain Investors, who will make certain disclosures to you. However, We do not guaranty that any Investor will contact you. Whether an Investor contacts you is based upon a neutral filtering process administered by the Site, and the decision of the participating Investor. In the event that you are unsatisfied with an Investor that contacts you, you may contact the Company at Contact Us and we will notify other potential Investors that you are still looking to be contacted by potential Investors.
You promise that all of the information you have provided is true and complete. You authorize Us to forward your information to our network of participating Investors. You understand that the Investors may keep your information, whether or not you complete a real estate transaction with them. You hereby authorize the potential investor to contact you directly either by phone, mail, email, or in person.
Nothing in the Site constitutes an offer, promise, solicitation or otherwise, either to enter into any real estate transaction, or that any participating Investor will enter into a real estate transaction on any specific terms. All real estate related decisions are made by the participating Investor in the course of its normal business operations.
Modifications to Services
We reserve the right to modify, suspend, or discontinue the Services with or without notice to you and we are not liable to you or any third party should we exercise our right to modify the Services. If you object to any such changes, your sole recourse is to discontinue using the Services. Continued access and/or use of the Services following notice of any such changes shall indicate your assent to and acceptance of such changes.
Modification to Terms
We may change the Terms of Service from time to time. We will notify you of any such changes by posting a notice of such changes on our web site located at www.USAHomebuyers.com. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued access to and/or use of the Services following notice of such modifications or changes shall indicate your assent to and acceptance of the Terms of Service, including but not limited to all posted changes.
All copyright and trade secret rights in and to the Services and the data used therein are and shall be the exclusive property of the Company. To the extent, if any, you have any rights in the Services you hereby irrevocably assign to us and agree that we shall be the sole and exclusive owner of, all right, title and interest in and to the Services, including without limitation all copyright, trade secret and other proprietary rights therein that may be secured in any place under laws now or hereafter in effect.
Disclaimer of Warranties
The Company disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material available or displayed through the Services. As we stated above, we do not vouch for, endorse or otherwise recommend any Investor. All we can say about any potential Investor is that they have agreed to operate in compliance with our guidelines. The Company disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. The Company disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Services.
We are not brokers or agents nor do we represent any Investors or you in any respect. We are not responsible for, and do not engage in, brokering, selling, purchasing, exchanging, or leasing posted properties or providing a “multiple listing service” as that term is traditionally used, through the Site. We do not counsel sellers or buyers, show properties, negotiate sales contracts, or hold a position of trust and confidence, whether or not in connection with the Site. Accordingly, no brokerage relationship or any agency or fiduciary relationship is intended to be or shall be deemed to have been created between the Company and any seller or buyer of real estate. The Company has, in the past, purchased investment property but no longer does so today. We make no representations about properties offered for sale, about the sellers of such properties, about the accuracy of information provided by such sellers, or about the financial capabilities of prospective buyers. Prospective buyers are advised to perform all due diligence before entering into a contract to purchase property, and all parties are encouraged to seek the help of a licensed real estate professional and real estate attorney. Additionally, our Services may be subject to limitations, delays and other problems inherent in the use of internet and electronic communications. We are not responsible for any delays, delivery failures, or other damage resulting from such problems.
TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED BY THE COMPANY ARE PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS, WITH NO WARRANTIES WHATSOEVER. THE COMPANY AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, DATA ACCURACY, SYSTEM INTEGRATION AND QUIET ENJOYMENT. THE COMPANY AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. THE COMPANY AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICES. THE COMPANY AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF, OR RELIANCE ON, THE SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF THE COMPANY OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall the Company or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
You (“Indemnifying Party”) agree to indemnify and hold harmless the Company, its affiliates and their respective directors, officers, trustees, employees, independent contractors and agents (“Indemnified Party”) from and against any losses, liabilities, suits, claims, costs, and expenses (including reasonable attorney’s fees) (“Loss”) arising out of or relating to any claim, suit, judgment, or proceeding brought or asserted by any third party (“Claim”) alleging any breach of such party’s representations, warranties or covenants under this Agreement. You shall indemnify and hold us harmless for any Loss arising out of or relating to (i) your violation of these Terms of Service or the rights of any other user, (ii) your use of the Site or the Services, (iii) any information submitted or transmitted through the Site or Services or (iv) the transmission of computer viruses, worms, harmful program routines or other similar items into the Site or the Services, or using the Site or the Services to access without authorization any other computer or machine. The Indemnified Party shall notify the Indemnifying Party of any such claim of which it becomes aware and shall: (x) at Indemnifying Party’s expense, provide reasonable cooperation to Indemnifying Party in connection with the defense or settlement of any such claim, and (y) be entitled to participate in the defense of any such claim at its own expense with counsel of its own choosing.
These Terms of Service will be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any dispute or controversy arising out of or relating to these Terms of Service including, without limitation, a dispute or controversy relating to the construction of any provision or the validity or enforceability of any term or condition (including this provision), or of the entire Terms of Service, or any claim that all or any part of these Terms of Service (including this provision) is void or voidable, shall be submitted to arbitration before a single arbitrator in accordance with the Commercial Rules of the American Arbitration Association then in effect. Any arbitration under this provision shall be conducted in Fairfax County, Virginia. Each party shall bear its own costs and expenses in any such proceeding. The decision of the arbitrator shall be final and binding upon the parties and may be enforced in any court of competent jurisdiction. To the fullest extent permitted by law, the parties irrevocably submit to the jurisdiction of such forum and waive any objection it may have to either the jurisdiction or the venue of such forum. For purposes of all claims brought under these Terms of Service, the User irrevocably submits to the exclusive jurisdiction of the state and federal courts located in Fairfax County, Virginia. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
Links from and to this Site
You acknowledge and agree that the Company has no responsibility for the accuracy or availability of information provided by linked sites. Links to external websites do not constitute an endorsement by the Company of the sponsors of such websites or the content, products, advertising or other materials presented on such sites.
Information in the web pages that are linked to the Site comes from a variety of sources. Some of this information comes from official Company licensees, but much of it comes from unofficial or unaffiliated organizations and individuals, both internal and external to the Company. The Company does not author, edit, or monitor any of these pages or links. You acknowledge and agree that the Company 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 use of or reliance on any such content, goods or services available on such external websites or resources.
The Company may use third-party advertising companies to serve ads on the Site. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous. If you would like more information about this practice and your choices, please contact us at firstname.lastname@example.org.
Compliance with Laws and Regulations
Your access to and use of the Site are subject to all applicable federal, state, local, and international laws and regulations.
The Company prohibits unauthorized hypertext links to the Site or the framing of any content available through the Site. The Company reserves the right to disable any unauthorized links or frames.
The Company reserves the right to seek all remedies available for violation of the Agreement, including the right to block access from a particular Internet address to the Site.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.