TERMS AND CONDITIONS

  

Last Updated: April 17 2020


BY ACCESSING USING OUR WEBSITE YOU ARE INDICATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS, AND THAT YOU AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THE TERMS.

IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS OR USE THE WEBSITE.

1. About Information

ANY INFORMATION WE PROVIDE IN RELATION TO REAL ESTATE SUCH AS MARKET VALUES, OFFERS OR OTHERS IS NOT INTENDED TO USE FOR LEGAL, FINANCIAL, TAX, OR REAL ESTATE ADVICE. YOU MUST CONSULT PROFESSIONAL ADVISORS BEFORE MAKING REAL ESTATE DECISIONS.

ALL INFORMATION PROVIDED ON OR THROUGH THE WEBSITE OR IN PERSON SUCH AS THE ESTIMATED VALUE OF YOUR PROPERTY, IS FOR CONVENIENCE ONLY AND IT IS NOT GUARANTEED OR WARRANTIED VALUE FOR ACCURACY OR VALIDITY. IT IS SOLELY AT YOUR OWN RISK WHEN YOU MAKE A DECISION ON YOUR REAL ESTATE TRANSACTION. WE RECOMMEND THAT YOU CONSULT PROFESSIONAL ADVISORS FOR LEGAL AND REAL ESTATE MATTERS.

For purposes of these Terms and Conditions  (“TAC”), “we” and “us” refer to Good Faith Home Buyer and “Website” refers to the website located at www.goodfaithhomebuyer.com


2. ABOUT THE TERMS

Your access to and use of the Website and conduct of any transaction(s) with us is governed by the terms and conditions of these TAC, our Privacy Policy, currently located at our site.

If you are accepting or agreeing to the Terms on behalf of another person or on behalf of any company or other legal entity, you represent and warrant that you have the authority to act on behalf of and bind that person or entity to the Terms.

We reserve the right, in its sole discretion, to change and modify our TAC, and Privacy Policy, at any time and without prior notice. When we amend the TAC or Privacy Policy, we will update the “Last Updated” date at the top and post the updated version. By continuing to use the Website after we have updated the TAC or Privacy Policy, you are indicating that you agree to the amended terms; provided that no such change shall alter or amend any pending contracts. 

No other modification, amendment, a supplement of or to the Terms will be binding on us unless it is in writing and signed by an authorized representative from us.

When you make an inquiry, you agree that you provide complete, honest, accurate and up-to-date information about yourself and your property. By providing a mobile telephone number, email and address, you agree that you allow us to communicate with you by text, phone or email 

We reserve the right to monitor access and use of the Website, and investigate and prosecute violations of any and all reports, complaints, and claims, or otherwise suspected misconduct or violations of the law or the Terms to the fullest extent of the law.

3. User guidelines

You can not

  • access, copy,      store or use any aspect of the Website for any purpose other than your own      personal use;
  • access,      search, collect information from, or otherwise interact with the Website      or whether by manual methods or by use of any software, device, script or robot or by any other means (automated or otherwise), including by      “scraping,” “crawling” or “spidering” the Website, to systematically      retrieve information in order to create or compile, directly or      indirectly, in single or multiple downloads, a collection, compilation,      database, directory or the like (except that crawling is permissible      without further authorization if done in accordance with the provisions of      the robots .txt file only);
  • mirror or      frame the Website any page, feature, functionality, tool or content of the      Website, copy any aspect of the Website, or use or display our name or any      of our trademarks, logos or proprietary materials, without our written      consent;
  • interfere      with, disrupt, damage or compromise the Website through the use of      viruses, cancel bots, Trojan horses, harmful code, flood pings,      denial-of-service attacks, backdoors, packet or IP spoofing, forged      routing or electronic mail address information or similar methods or      technology or by overloading, flooding, spamming, mail-bombing the Website      or otherwise imposing an unreasonable or disproportionately large load on      the Website;
  • attempt to      decipher, decompile, disassemble or reverse engineer any of the code,      software or algorithms used to provide the Website;
  • export or      re-export the Website, except in compliance with the export control laws      and regulations of any relevant jurisdictions;
  • otherwise      abuse the Website or breach the Terms; or
  • attempt to do any of the foregoing, or advocate,      encourage, assist or permit any third party to do any of the foregoing.


4. INTELLECTUAL PROPERTY RIGHTS & LICENSES

You may not use, copy, reproduce, distribute, license, sell, transfer, publish, post, publicly display, publicly perform, transmit, broadcast, adapt, modify, prepare derivative works based upon, or otherwise exploit any features, functionality, tools or content of the Website in any form or by any means, or sublicense the rights granted in the Terms, except as expressly permitted herein, without the prior written permission of us.

The Website may provide links to third-party websites, resources or services. You acknowledge and agree that we are not responsible or liable for (i) the availability, terms or practices of such websites, resources or services, or (ii) the content, products or services available on or through such websites, resources or services, including that any information provided is complete, accurate or up-to-date. Links to such websites, resources or services do not imply any endorsement by us. 

You acknowledge that you have sole responsibility for and assume all risk arising from your use of any such websites, resources or services or the content, products or services available on or through such websites or services.

We will not be responsible or liable for any damage or harm resulting from your interactions with such websites or services, or the content, products or services available on or through such websites or services.


5. DISCLAIMERS, LIMITATION OF LIABILITY & INDEMNIFICATION


Disclaimers

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE OR RIGHTFUL CLAIM, WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE WEBSITE, OR THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY WEBSITE CONTENT.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW:

  • INFORMATION      PROVIDED ON OR THROUGH THIS WEBSITE DOES NOT  INTEND TO REPLACE THE NECESSITY OF      CONSULTATION WITH YOUR LEGAL OR OTHER PROFESSIONAL ADVISORS.
  • YOU HEREBY      RELEASE GOOD FAITH HOME BUYER FROM      AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY      DAMAGES CAUSED BY ANY OF THE FOREGOING.
  • IN NO EVENT      WILL GOOD FAITH HOME BUYER BE LIABLE FOR ANY INDIRECT, INCIDENTAL,      SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR      DAMAGES FOR LOST REVENUES OR PROFITS, LOSS OF DATA OR LOSS OF GOODWILL,      SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY      DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF      OR IN CONNECTION WITH ANY OF THE FOREGOING, WHETHER BASED IN WARRANTY,      CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND      WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE,      EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS      ESSENTIAL PURPOSE.

Exclusions

NOTHING IN THE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE FROM DEATH OR PERSONAL INJURY. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN THIS SECTION THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW.

Indemnification

To the maximum extent not prohibited by applicable law, you agree to release, indemnify, and hold Good faith home buyer, its parent, subsidiaries, affiliates, licensors and service providers, and its and their officers, directors, shareholders, agents, employees and representatives, harmless from and against any claims, liabilities, damages, losses, costs and expenses, including, any bodily injury, illness, death or damage to any real or personal property, or any other injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind, and including reasonable legal fees and litigation expenses and costs (“Losses”) arising out of or relating to or in any way connected with (i) your access to or use of the Website, including any and all features, functionality, tools, content and promotions available on and through the Website, (ii) your breach of the Terms, including any violation of federal, state or local or other applicable laws, rules or regulations or any infringement or misappropriation of the rights of any third party, and (iii) your gross negligence or willful misconduct.

You agree that, at Good faith home buyer's option, you will conduct the defense of any such claim or action; provided that, notwithstanding our election that you conduct the defense, (i) we may nevertheless participate in such defense or settlement negotiations and pay its own costs associated therewith, and (ii) you will not enter into any settlement or other compromise without the prior written approval of us (which approval shall not be unreasonably withheld) unless such settlement or other compromise includes a full and unconditional release of the relevant parties from all liabilities and other obligations in respect of such claim or action.


6. GOVERNING LAW & DISPUTE RESOLUTION

The Terms shall be governed by and interpreted in accordance with the laws of the State of Florida without regard to conflict of law principles.

All disputes, claims, controversies and matters arising out of or relating to or in connection with these TAC or the breach, termination, enforcement, interpretation or validity hereof, or to the use of the Website, including any Website (collectively, “Disputes”) shall be exclusively settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (“AAA Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in Clearwater, FL, USA before a single neutral arbitrator appointed in accordance with the AAA Rules and shall be conducted in the English language. You acknowledge that by agreeing to arbitration as the exclusive forum for the resolution of all Disputes, you are waiving the right to a trial by jury.

All arbitrations shall be conducted and resolved on an individual basis and not a class-wide, multiple plaintiff or similar basis. No arbitration shall be consolidated with any other arbitration proceeding involving any other person or entity.

In the event that arbitration is not available, you and Good faith home buyer agree that any and all Disputes will be brought in the federal or state courts located in Clearwater, Florida, and each agrees that such courts shall have exclusive jurisdiction and venue for any such actions. Further, either party may also seek injunctive or other equitable relief for breach of the Terms in any court of competent jurisdiction wherever located. Each party consents to the jurisdiction of and venue in such courts and waives any objection as to inconvenient forum.

The prevailing party in any suit, action or proceeding, including any arbitration proceeding, will be entitled to recover its reasonable legal fees and costs and expenses from the other party.


7. MISCELLANEOUS

Our collection and use of information about users are governed by our Privacy Policy. By accessing and using the Website, you consent to the collection and use of this information, including the transfer of this information outside of the United States, including to and/or from the European Union and/or other countries, for storage, processing and use by us

The Terms, including these TAC, our Privacy Policy constitute the entire and exclusive understanding and agreement between you and us regarding your access to and use of the Website, and supersede and replace any and all prior or contemporaneous oral or written representations, understandings or agreements between you and us and regarding the subject matter hereof. You acknowledge and agree that you have not relied on any representations or warranties whatsoever, express, implied, at common law, statutory or otherwise, except for the representations or warranties expressly set forth in the Terms.

Except as otherwise provided in the Terms, if an arbitrator or a court of competent jurisdiction finds any provision of the Terms to be invalid, void or unenforceable, in whole or in part, for any reason, the offending provision will be enforced to the maximum extent permissible and will not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect.