This Terms of Service Agreement (This "Agreement") is a binding agreement between you and MotivatedSellers Inc. And its affiliated companies(COLLECTIVELY, "MotivatedSellers", "we", "us", or "our") providing the terms and conditions for use of our Services.
By "Services", we mean all the products and services owned and operated by MotivatedSellers.com including the content, features, data, and software made available through www.MotivatedSellers.com (the "Web Site"), our mobile applications, and other websites or applications we operate.
Please review this Agreement carefully. By accessing and using our Services, you agree all the terms and conditions of this Agreement. Please be sure also review our Privacy Policy, which is incorporated and made a part of this Agreement.
This Agreement contains warranty and liability disclaimers.
We may modify this Agreement from time to time and will post the amended agreement at www.MotivatedSellers.com/terms. You will be deemed to have accepted this Agreement as amended if you continue to access our Services after any amendments are posted.
By accessing our Services, you agree to abide by applicable local, state, national, and international laws and regulations in your use of our Services.
Our Services are intended only personal, non commercial use by U.S. residents aged 18 years and over. If you do not meet this criteria you agree to immediately discontinue use of our Services. We reserve the right to refuse to provide our Services to anyone at any time.
We reserve the right to restrict certain of our Services to registered users. In the event that any of our Services requires you to register prior to our granting you access, you agree to provide accurate, current, and complete account information, including but not limited to your name, address, telephone number, and email address, and to update this information as necessary to keep it accurate, current, and complete.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR SERVICES OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. OPENDOOR, ON BEHALF OF ITSELF, ITS AFFILIATES, AND THE PROVIDERS, DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETER EXPRESS OR IMPLIED, RELATING TO OUR SERVICES, OUR CONTENT, OR OTHER CONETN AVAILABLE THROUGH OUR SERVICES INCLUDING THE IMPLIED WARRANTIES OF MECHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOUYMENT, QUALITY, ACCURACY, TITTLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURESE OF DEALING, USAGE OR TRADE.
Our failure to enforce any of our rights or to act with respect to a breach by you or others of this Agreement does not constitute a waiver of any rights and will not limit our rights with respect to that breach or any subsequent breaches. No waiver by MotivatedSellers.com of any of the provisions in this Agreement will be of any force effect unless made in writing and signed by a duly authorized officer of MotivatedSellers.com
If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceablility of any remaining provisions.
We may assign this Agreement, or certain of our rights or obligations under this Agreement, to any party at any time without notice to you. You may not assign your rights or obligations under this Agreement, by operation of law or otherwise, without the prior written consent of MotivatedSellers.com.
Certain terms & conditions are specific to certain of our Services, We've broken those out bellow.
An MotivatedSellers Home Value, Offer Preview, Preliminary Offer, Instant Offer, and/or Estimated Offer(each an "MotivatedSellers Estimate") is an estimate calculated using publicly-available information and MotivatedSellers's proprietary valuation model. It typically takes into account hundreds of data sets related to your home and its location.
A MotivatedSellers Estimate is not an appraisal. It is an invitation for you to request an offer to purchase your home(an "MotivatedSellers Offer").
A MotivatedSellers Offer is an offer by MotivatedSellers to purchase a home. You will be eligible to receive an MotivatedSellers Offer after you provide us with information about your home and (i) you are the owner or represent the owner of the home, (ii) the home is in one of our service areas, (iii) the home meets our current home-buying parameters, which may charge from time to time to time for a given service area under our sole discretion and (iv) we have had an opportunity to assess your home.
A MotivatedSellers Offer is not an appraisal. It is the purchase price MotivatedSellers is willing to pay for your home, subject to additional terms, conditions, and fees outline in the offer.
In the event that MotivatedSellers makes you an offer on your home, MotivatedSellers is not acting as your real estate agent or broker; nor does MotivatedSellers represent you in any capacity as a seller. MotivatedSellers is merely acting as, or on behalf of, a purchaser of real estate. As a seller, you have the right, and it is your responsibility, to independently evaluate and decide whether to accept the MotivatedSellers Offer
Your MotivatedSellers Offer will reflect a figure for MotivatedSellers"s service charge. This service charge helps cover the expenses MotivatedSellers incurs in buying and reselling your home , including holding costs like taxes, utilities, and maintenance. Service charge may vary, including based on how long we predict it will take to sell your home. It does not include negotiated repairs cost or third party charges related to the settlement of the sale.
By entering an MotivatedSellers Home, you acknowledge and agree that you will not, and will not assist or enable others, to:
Breach or circumvent any applicable law, or terms of this Agreement;
Access the home if under the age of 18;
Smoke, vape, consume alcohol, or use any illicit or illegal substances on the Premises;
Abandon, leave behind, dump, or otherwise discard any property including, but not limited to, flyers, pamphlets, marketing or promotional materials, trash, garbage, waste product, or any other type of personal property on the Premises without the express consent of MotivatedSellers.
If, in accessing an MotivatedSellers Home, whether through an authorized method or not, you provide access to any individuals who have not expressly accepted this Agreement, you accept legal and financial responsibility for their behavior including for any breaches by them of Section 2.3 of this Agreement.
The Purchase price of the home on the Closing Date minus seller concessions reflected on the closing statement ("Adjusted Purchase Price") less a 3% fee ("Return Fee"), less any commission refund you received for working with an MotivatedSellers Agent or MotivatedSellers Partner Agent ("Commission Refund"). If our assessment discloses needed repairs, we will also identify and debit repair costs.
For the avoidance of doubt, MotivatedSellers's maximum financial obligation associated with a return under the 90-Day Guarantee will not exceed 97% of the Adjusted Purchase Price.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY MotivatedSellers.
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