
Terms of Use Agreement
Last updated: 5.22.24
Important Notices:
This agreement contains provisions for mandatory arbitration of claims and a waiver of class actions, along with disclaimers of warranties and liabilities. These form a critical part of our agreement (see Sections 5, 6, and 12).
1. Acceptance of Terms
By accessing or using this website (“Website”) or any services offered through alternative methods (e.g., phone, mail, text, email, facsimile), you agree to be bound by these Terms of Use. If you do not agree, you must cease using the Website immediately.
2. Compliance with Laws
You are responsible for complying with all applicable laws and regulations related to your use of the Website and our services.
3. Definitions
You or Your: Any person using the Website or our services.
iBuyHouses: Refers to iBuyHouses, Inc., its affiliates, and its network of independent real estate Investors.
Investors: Local market licensees or associates of iBuyHouses.
4. Privacy Policy
The Privacy Policy, hereby incorporated by reference into this Agreement, explains the policy applicable to the information collected through the Website, received directly from you, or transmitted to or from third parties.
5. Locator Services
When you complete a form on the Website or contact iBuyHouses via phone numbers displayed on the Website, we match your information and service request with our list of Investors. By submitting a request, you consent to iBuyHouses providing your personal information to one or more Investors we match with your request. This allows them to contact you using the contact information you provided, even if you are on a Do Not Call list.
Note:
By using our services, you consent to iBuyHouses and associated Investors sharing your information for litigation, regulatory requests, law enforcement requests, internal analytics, and marketing purposes.
iBuyHouses is not a licensed real estate broker. We do not own, sell, invest in, provide, control, manage, offer, deliver, or solicit sales of real estate. We do not represent you in any real estate transaction. You may want to consult with a broker or lawyer before selling or buying real property. iBuyHouses does not guarantee you will get the best offer available.
Users are responsible for their activities. iBuyHouses does not make decisions regarding the products or services offered by Investors and does not endorse any particular Investor. You should rely on your own judgment when selecting a product, service, or Investor relationship that suits your needs.
6. Disclaimers
YOUR ACCESS TO, USE OF, AND RELIANCE ON OUR WEBSITE AND SERVICES IS ENTIRELY AT YOUR OWN RISK. OUR WEBSITE AND SERVICES ARE 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) ARE EXPRESSLY DISCLAIMED.
7. Limitations of Liability
iBuyHouses AND OUR REPRESENTATIVES WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF, OR RELIANCE ON OUR WEBSITE OR SERVICES BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES, OR RELATIONS ARISING OUT OF OR RELATED TO OUR WEBSITE OR 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 REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
8. Indemnity
As a condition of use of the Website and iBuyHouses' services, you agree to indemnify iBuyHouses from and against any liabilities, expenses (including attorneys' fees), and damages arising out of claims resulting from your use of the Website, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement.
9. Damages
In addition to injunctive relief, you agree to pay the total amount of all actual damages (including but not limited to direct, indirect, consequential, and incidental damages) caused by any violation of these Terms for which you bear responsibility.
10. Injunctive Relief
You acknowledge that any violation or breach of these Terms may cause us immediate and irreparable harm and damages. Consequently, we have the right to, and may in our discretion, immediately obtain preliminary and permanent injunctive relief regarding any violation or breach of these Terms.
11. Links to Third-Party Websites
The Website may contain links to websites maintained by third parties. Such links are provided for your convenience only. iBuyHouses does not operate or control any information, software, products, or services available on such websites. iBuyHouses' inclusion of a link does not imply endorsement of the services or the website.
12. Errors and Delays
iBuyHouses is not responsible for any errors or delays in responding to a request caused by incorrect information provided by you or other technical problems beyond our control.
13. Dispute Resolution/Arbitration
Any claim or controversy arising out of or relating to the use of the Website, the goods or services provided by iBuyHouses, or any acts or omissions for which you may contend iBuyHouses is liable 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). The arbitration shall be venued in a location reasonably convenient to the consumer. The arbitrator shall be selected pursuant to the AAA rules.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND iBUYHOUSES WILL BE RESOLVED BY BINDING ARBITRATION. YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS, AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.
14. Other Terms
This Agreement constitutes the entire agreement between you and iBuyHouses and supersedes all prior communications, promises, and proposals. This Agreement shall be construed in accordance with the laws of the State of [Your State], excluding its conflict of laws principles. If any part of this Agreement is determined to be invalid or unenforceable, the invalid or unenforceable provision will be replaced by a valid provision that 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 any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
Last Updated 5.22.24
iBuyHouses, Inc. ("iBuyHouses") respects your privacy and has developed this Privacy Policy to demonstrate our commitment to protecting your privacy. This Privacy Policy describes the information we collect, how it may be used, with whom it may be shared, and your choices about such uses and disclosures.
We encourage you to read this Privacy Policy carefully when using our website or services or transacting business with us. By using our website, you accept the practices described in this Privacy Policy.
If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.
Information We Collect About You
In General
We may collect personal information that can identify you, such as your name and email address, as well as other information that does not identify you. When you provide personal information through our website, the information may be sent to servers located in the United States and other countries around the world.
Information You Provide
We may collect and store any personal information you enter on our website or provide to us in some other manner. This includes identifying information, such as your name, address, e-mail address, telephone number, credit card information, and other personally identifiable information.
Information from Other Sources
We may periodically obtain both personal and non-personal information about you from business partners, contractors, and other third parties. Examples include updated delivery and address information, purchase history, and additional demographic information.
Use of Cookies and Other Technologies to Collect Information
We use various technologies to collect information from your computer and about your activities on our site.
Information Collected Automatically
We automatically collect information from your browser when you visit our website. This information includes your IP address, browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us (see "Cookies" below), and the referring website address.
Cookies
When you visit our website, we may assign your computer one or more cookies to facilitate access to our site and to personalize your online experience. Through the use of a cookie, we may automatically collect information about your online activity on our site, such as the web pages you visit, the links you click, and the searches you conduct on our site. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, you may not be able to sign in or use some of the interactive features offered on our website.
Information Collected by Third-Parties
We may allow third parties, including our authorized service providers, advertising companies, and ad networks, to display advertisements on our site. These companies may use tracking technologies, such as cookies, to collect information about users who view or interact with their advertisements. Our website does not provide any personal information to these third parties. This information allows them to deliver targeted advertisements and gauge their effectiveness.
Other Technologies
We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of our site. We may include web beacons in promotional e-mail messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer our website visitors to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming, or other activities.
How We Use the Information We Collect
In General
We may use information that we collect about you to:
Deliver the products and services that you have requested.
Manage your account and provide you with customer support.
Perform research and analysis about your use of, or interest in, our products, services, or content, or products, services, or content offered by others.
Communicate with you by e-mail, postal mail, telephone, and/or mobile devices or send newsletters about products or services that may be of interest to you from us or third parties.
Communicate with you regarding partially completed service requests.
Develop and display content and advertising tailored to your interests on our site and other sites.
Enforce our terms and conditions.
Publicly display comments, ratings, reviews, and other content provided by you.
Manage our business.
Perform functions as otherwise described to you at the time of collection.
Payment and Financial Information
For clients, we may use financial information or payment methods to process payments for any purchases made on our website, enroll you in discount, rebate, and other programs, pre-qualify you for credit card and other offers, pre-qualify real estate professionals to participate in our network, protect against or identify possible fraudulent transactions, and otherwise manage our business. For consumers, we may use credit card information to process payments for any payments made on our website.
Mobile Apps
If you install one of our apps on your mobile device, your use of the app is subject to the applicable app license agreement.
With Whom We Share Your Information
We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our website or while using our services.
Personal Information
We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with:
Authorized Service Providers
We may share your personal information with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, processing credit card payments, delivering packages, providing customer service and marketing assistance, performing business and sales analysis, supporting our website functionality, and supporting contests, sweepstakes, surveys, and other features offered through our website or performing background checks of real estate professionals. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.
Marketing Affiliates
When you are referred to us via a third-party marketing affiliate, we may share your email address and other information that you provide with such marketing affiliate.
Business Partners
When you make purchases, reservations, or engage in promotions offered through our website or services, we may share personal information with the businesses with which we partner to offer you those products, services, promotions, contests, and/or sweepstakes. When you engage in a particular merchant's offer or program, you authorize us to provide your email address and other information to that merchant.
Real Estate Professionals
We match your information and service request against our list of real estate professionals. When you submit a request through our website, you consent to our providing your personal information and request to the real estate professionals we match with your request. Sharing this information allows them to contact you using the e-mail address or other contact information you provided.
Other Situations
We also may disclose your information:
In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency.
To establish or exercise our legal rights.
To defend against legal claims.
As otherwise required by law.
In such cases, we may raise or waive any legal objection or right available to us. We may disclose your information when we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud, or other wrongdoing; to protect and defend the rights, property, or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our website terms and conditions or other agreements or policies.
In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
For real estate professionals, we may share your business contact information with third parties, including but not limited to, business name, address, telephone number, email address, and the name of the owner or proprietor of the business.
Any third parties to whom we may disclose personal information may have their privacy policies which describe how they use and disclose personal information. Those policies will govern the use, handling, and disclosure of your personal information once we have shared it with those third parties. If you want to learn more about their privacy practices, we encourage you to visit their websites. These entities or their servers may be located inside or outside the United States.
Aggregated and Non-Personal Information
We may share aggregated and non-personal information we collect under any of the above circumstances. We may also share it with third parties to develop and deliver targeted advertising on our websites and on websites of third parties. We may combine non-personal information we collect with additional non-personal information collected from other sources. We may also share aggregated information with third parties, including advisors, advertisers, and investors, for the purpose of conducting general business analysis. This information does not contain any personal information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising.
Your Choices About Collection and Use of Your Information
At any time, a consumer user can choose to no longer receive commercial or promotional emails or newsletters from us by accessing your user account and opting out. You also will be given the opportunity, in any commercial e-mail that we send to you, to opt-out of receiving such messages in the future. It may take up to 10 days for us to process an opt-out request. We may send you other types of transactional and relationship e-mail communications, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt-out of receiving them.
Blogs, Bulletin Boards, Reviews, and Chat Rooms
We may provide areas on our websites where you can post information about yourself and others and communicate with others, as well as post reviews of products, establishments, contractors, and the like, or upload content (e.g., pictures, videos, audio files, etc.). Such postings are governed by our Terms of Use. Additionally, such postings may appear on other websites or when searches are executed on the subject of your posting. Also, whenever you voluntarily disclose personal information on publicly viewable web pages, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information. Once you have posted information, you may not be able to edit or delete such information.
Children's Privacy
Our website is a general audience site, and we do not knowingly collect personal information from children under the age of 13.
Visiting Our Websites from Outside the United States
This Privacy Policy is intended to cover the collection of information on our website from residents of the United States. If you are visiting our website from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located, and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using our services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this privacy policy.
No Rights of Third Parties
This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the website.
Third-Party Sites
This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other practices of any third-party websites that are linked to from this website. The inclusion of a link on the website does not imply endorsement of the linked site by us or our affiliates. If you submit personal information to any of those third-party sites, your information is governed by their privacy policies. Carefully read the privacy policy of any site you visit.
Third-Party Vendors
We also work with vendors and partners in operating and improving the website. These vendors and other partners include advertisers (including both banner and text advertising), retargeters, and web analytics companies, including Google Analytics. These partners and vendors use cookies, web beacons, and other technologies to collect information about your online activity (e.g., the sites and pages you have visited at the Site and, at times, other third-party sites) to help manage ad campaigns, understand user interests and trends, and deliver personalized content and advertising to you while you are on the Site or on other sites. You can opt out of some of these uses of cookies and other technologies through third-party sites, but this may alter the ability to use our Site.
Security
No data transmission over the Internet or data storage system can be guaranteed to be 100% secure. If you have any questions about the security of your personal information, or if you believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us as described in the "How to Contact Us" section below.
Changes to this Privacy Policy
We will occasionally update this Privacy Policy to reflect changes in our practices and services. When we post changes to this Privacy Policy, we will revise the "last updated" date at the top of this Privacy Policy. We recommend that you check our website from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies.
How to Contact Us
If you have any questions about this Privacy Policy or our information-handling practices, or if you would like to request information about our disclosure of personal information to third parties for their direct marketing purposes, please contact us by postal mail as follows:
iBuyHouses, Inc.