TERMS OF SERVICE
Effective Date: July 9, 2026
These Terms of Service (“Terms”) govern your access to and use of HomeOfferCenter.com and any websites, forms, communications, tools, features, content, or services provided by Home Offer Center, which is operated by Invictus Estate Holdings LLC (“Home Offer Center,” “Company,” “we,” “us,” or “our”).
Please read these Terms carefully before using our Services.
By accessing or using the Website, submitting an inquiry, communicating with us through the Website, or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you do not agree to these Terms, do not use the Services.
1. ELIGIBILITY
You must be at least 18 years old and have the legal capacity to enter into a binding agreement to use the Services.
By using the Services, you represent and warrant that you satisfy these requirements.
If you use the Services on behalf of another individual, company, trust, estate, partnership, limited liability company, corporation, or other entity, you represent and warrant that you have authority to act on behalf of and bind that person or entity.
2. HOME OFFER CENTER SERVICES
Home Offer Center provides a platform through which property owners and other authorized persons may submit information regarding real property and communicate with us regarding a potential sale or other transaction.
Among other things, we may:
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Review property information;
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Research properties and public records;
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Communicate with property owners or their authorized representatives;
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Request additional property information;
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Evaluate whether a property meets our acquisition criteria;
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Discuss possible transaction structures;
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Make, modify, or withdraw potential offers;
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Conduct due diligence;
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Coordinate inspections or other evaluations; and
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Enter into real estate transactions where mutually agreed upon.
Use of our Website or submission of information does not require us to make an offer, purchase a property, enter into a contract, or complete any transaction.
Likewise, submitting an inquiry does not obligate you to sell your property to us.
3. NO GUARANTEE OF OFFER OR TRANSACTION
Any statement on our Website regarding offers, purchasing properties, closing timelines, transaction structures, anticipated results, or similar matters is general information and does not constitute a guarantee.
Whether we make an offer, the amount or terms of an offer, and whether a transaction ultimately closes may depend on numerous factors, including:
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Property condition;
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Property location;
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Market conditions;
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Title;
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Liens or encumbrances;
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Occupancy;
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Inspection results;
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Due diligence;
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Availability of funds;
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Legal or regulatory requirements;
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Information provided by the property owner;
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Agreement between the parties; and
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Other circumstances relevant to the transaction.
Any specific real estate transaction will be governed by the separate written agreements executed by the applicable parties.
If there is a conflict between these Terms and a fully executed written agreement governing a particular real estate transaction, the specific transaction agreement will control with respect to that transaction.
4. NO REAL ESTATE BROKERAGE RELATIONSHIP
Unless expressly disclosed otherwise in writing, Home Offer Center and Invictus Estate Holdings LLC are acting as prospective real estate purchasers or investors and not as your real estate broker, agent, fiduciary, or representative.
Nothing on the Website creates:
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A broker-client relationship;
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An agency relationship;
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A fiduciary relationship;
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An attorney-client relationship;
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An accountant-client relationship;
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A financial advisory relationship; or
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Any other professional advisory relationship.
You are free to seek representation or advice from your own real estate agent, attorney, accountant, tax professional, financial advisor, contractor, inspector, or other professional before entering into any transaction.
5. NO LEGAL, TAX, FINANCIAL, OR INVESTMENT ADVICE
Content provided through the Website or Services is for general informational purposes only.
Nothing provided by Home Offer Center constitutes legal, tax, accounting, financial, investment, lending, estate-planning, or other professional advice.
You are responsible for obtaining independent professional advice regarding the legal, financial, tax, or other consequences of a potential real estate transaction.
6. PROPERTY INFORMATION AND USER REPRESENTATIONS
When you provide information regarding a property, you represent that, to the best of your knowledge:
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The information you provide is accurate and not intentionally misleading;
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You are the property owner or otherwise authorized to provide the information;
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You are authorized to communicate with us concerning the property; and
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Your submission does not violate the rights of another person.
You agree not to knowingly misrepresent material facts concerning a property or your authority regarding the property.
We may rely on information you provide when conducting an initial evaluation, but we reserve the right to independently verify any information.
7. OUR RIGHT TO VERIFY INFORMATION
We may independently research or verify information relating to a property, ownership, title, valuation, condition, liens, taxes, permits, occupancy, market conditions, or other matters relevant to our evaluation.
Information obtained from public records, third-party databases, service providers, real estate sources, or other external sources may be incomplete, inaccurate, delayed, or outdated.
We do not guarantee the accuracy or completeness of third-party information.
8. OFFERS AND NEGOTIATIONS
Unless expressly stated otherwise in a written agreement signed by an authorized representative of the Company, discussions, estimates, proposed prices, preliminary offers, letters of intent, verbal statements, text messages, emails, or other communications concerning a possible transaction are not necessarily binding obligations to purchase property.
We may modify or withdraw a proposed offer before a binding agreement has been executed where permitted by law.
Likewise, you remain free to reject an offer unless you have entered into a binding written agreement providing otherwise.
9. ELECTRONIC TRANSACTIONS AND COMMUNICATIONS
You agree that communications, notices, disclosures, records, and agreements may be provided electronically where permitted by law.
Electronic communications may include communications through our Website, email, telephone, text messaging, electronic signature platforms, or other electronic methods.
Where a separate electronic signature or affirmative consent is legally required, that consent will be obtained separately as appropriate.
Your privacy and communications-related information, including applicable mobile messaging practices, is addressed in our Privacy Policy and in any applicable disclosures presented to you when you elect to receive particular communications.
10. PRIVACY
Our collection, use, processing, disclosure, retention, and protection of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
Please review the Privacy Policy available on our Website for information concerning our privacy and data practices.
Nothing in these Terms is intended to modify, expand, or contradict the rights or obligations described in the Privacy Policy.
11. PROHIBITED USES AND ACCEPTABLE USE
You may use the Website and Services only for lawful purposes and in accordance with these Terms.
You may not use, access, interact with, or attempt to use the Website or Services in any manner that is unlawful, fraudulent, abusive, deceptive, harmful, disruptive, unauthorized, or inconsistent with the intended purpose of the Services.
Without limiting the foregoing, you may not:
A. Provide False or Misleading Information
Knowingly submit false, fraudulent, materially inaccurate, incomplete, or misleading information, including information regarding:
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Your identity or contact information;
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Property ownership;
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Your authority to act regarding a property;
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Property condition or characteristics;
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Occupancy;
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Title;
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Liens or mortgages;
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Taxes;
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Repairs or damage;
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Probate, inheritance, foreclosure, or other legal circumstances; or
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Any other material matter relevant to a property inquiry or potential transaction.
You may not impersonate another person or falsely represent that you are authorized to act for another individual, estate, trust, business, property owner, or other entity.
B. Submit Unauthorized Property Inquiries
You may not knowingly submit information regarding property for which you have no legitimate ownership interest, authorization, involvement, or lawful basis to communicate.
You may not use the Services to harass property owners, interfere with another person's transaction, obtain information about another person through deception, or submit fabricated property inquiries.
C. Engage in Fraudulent or Deceptive Activity
You may not use the Website or Services to:
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Commit or attempt fraud;
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Engage in identity theft;
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Submit forged, altered, stolen, or fabricated documents;
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Engage in phishing or credential theft;
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Misrepresent your authority or intentions;
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Facilitate unlawful transactions;
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Deceive us or another party into acting on false information; or
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Otherwise engage in fraudulent, deceptive, or unlawful conduct.
D. Misuse Website Forms or Communications
You may not use our forms, telephone numbers, email addresses, messaging systems, or other communication channels to:
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Send spam or unsolicited advertisements;
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Promote unrelated products or services;
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Generate artificial or fraudulent leads;
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Submit repetitive or automated inquiries;
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Flood or overload our systems;
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Transmit malicious links or files;
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Harass or threaten Company personnel or service providers; or
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Otherwise interfere with normal business operations.
E. Use Bots, Scrapers, or Automated Systems
Unless expressly authorized by us in writing, you may not use:
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Bots;
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Crawlers;
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Scrapers;
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Spiders;
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Automated browsers;
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Scripts;
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Data-mining tools;
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Automated form-submission systems; or
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Other automated technologies
to access, monitor, copy, extract, reproduce, interact with, or collect information from the Website or Services.
You may not systematically harvest Website content, property information, forms, business information, pricing information, lead information, or other data.
This restriction does not prohibit ordinary indexing by legitimate public search engines conducted in accordance with applicable technical instructions and generally accepted industry practices.
F. Attempt Unauthorized Access
You may not attempt to gain unauthorized access to any Company:
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Website;
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Server;
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Database;
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Account;
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Administrative interface;
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Network;
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Software;
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API;
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Communication system;
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Lead or customer record; or
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Other non-public system or resource.
You may not probe, scan, test, or exploit vulnerabilities without our express written authorization.
You may not bypass authentication, security restrictions, rate limits, technical controls, or access restrictions.
G. Introduce Malicious Code or Interfere With Systems
You may not upload, transmit, distribute, introduce, or cause the execution of viruses, malware, ransomware, spyware, malicious scripts, destructive code, or other harmful software.
You may not engage in denial-of-service activity or otherwise attempt to disrupt, overload, disable, degrade, damage, or interfere with the Website, Services, infrastructure, or another person's ability to use them.
H. Circumvent Restrictions or Enforcement
You may not attempt to evade or circumvent restrictions imposed under these Terms, including by:
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Changing or rotating IP addresses;
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Using alternate identities;
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Masking automated traffic;
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Using multiple devices or accounts;
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Circumventing technical limitations;
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Evading blocks or rate limits; or
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Using another person or third party to continue prohibited activity.
An unsuccessful attempt to engage in prohibited conduct may itself constitute a violation of these Terms.
I. Harass, Threaten, or Abuse Others
You may not use the Website or Services to harass, threaten, intimidate, stalk, extort, defame, abuse, or knowingly subject another person to repeated unwanted communications.
You may not direct threatening, obscene, abusive, or intentionally disruptive communications toward Company employees, contractors, representatives, or service providers.
J. Violate Intellectual Property or Proprietary Rights
You may not use the Website or Services in a manner that infringes or misappropriates intellectual property, privacy, publicity, confidentiality, or other rights belonging to the Company or any third party.
Without authorization, you may not:
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Reproduce substantial portions of the Website;
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Republish our content;
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Use our trademarks or branding in a manner likely to cause confusion;
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Create derivative or confusingly similar websites;
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Remove proprietary notices;
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Commercially exploit Company content;
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Reverse engineer or attempt to discover non-public source code; or
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Extract proprietary technical or business information.
K. Engage in Unauthorized Commercial or Competitive Use
Unless expressly authorized in writing, you may not use the Website or Services to:
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Resell access to the Services;
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Harvest leads;
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Build competing databases;
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Solicit Company leads or users;
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Systematically obtain non-public business intelligence;
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Copy proprietary business processes;
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Extract advertising, marketing, pricing, conversion, or technical information for competitive purposes; or
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Otherwise commercially exploit the Website or Services beyond their intended purpose.
L. Collect Information About Others Without Authorization
You may not use the Website or Services to improperly obtain, collect, intercept, or access non-public information concerning:
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Property owners;
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Other users;
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Company personnel;
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Leads;
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Customers;
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Communications;
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Credentials; or
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Other third parties.
Our own collection and processing of personal information is governed by our Privacy Policy.
M. Violate Applicable Law
You may not use the Website or Services in violation of applicable federal, state, or local law, including laws concerning:
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Fraud;
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Computer access and cybersecurity;
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Intellectual property;
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Privacy;
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Real estate;
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Fair housing;
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Civil rights;
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Consumer protection; or
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Unlawful discrimination.
You may not knowingly encourage, assist, direct, or facilitate another person's violation of these Terms or applicable law.
N. Monitoring and Enforcement
To the extent permitted by applicable law, we may investigate suspected misuse of the Website or Services and take reasonable measures to protect the Company, our systems, and third parties.
If we reasonably believe that you have violated this Section, we may, as appropriate:
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Reject or block submissions;
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Refuse or discontinue communications;
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Restrict or terminate access to the Website or Services;
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Block IP addresses or other technical identifiers;
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Preserve relevant records;
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Report suspected illegal activity to appropriate authorities;
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Cooperate with lawful investigations or legal process;
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Seek injunctive or other legal relief; or
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Exercise any other rights or remedies available under these Terms or applicable law.
We are not required to provide advance notice before taking action reasonably necessary to address fraud, abuse, security threats, unlawful conduct, or interference with our systems.
Our failure to detect, prevent, or act upon a violation does not waive our right to enforce these Terms later.
O. No Obligation to Monitor
We reserve the right to monitor and investigate activity where appropriate, but we are not obligated to continuously monitor all Website activity, submissions, or communications.
Nothing in this Section creates a duty to monitor or police the conduct of third parties.
12. INTELLECTUAL PROPERTY
The Website and its contents, including its:
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Text;
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Graphics;
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Designs;
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Logos;
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Branding;
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Page layouts;
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Software;
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Source code;
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User interfaces;
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Photographs;
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Videos;
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Illustrations;
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Written materials; and
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Other content
are owned by or licensed to Home Offer Center, Invictus Estate Holdings LLC, or their respective licensors and are protected by applicable intellectual-property laws.
Except as expressly authorized by us, you may not reproduce, republish, distribute, modify, create derivative works from, publicly display, commercially exploit, scrape, systematically extract, reverse engineer, or otherwise use protected Website materials.
Nothing in these Terms transfers ownership of any Company intellectual property to you.
13. LIMITED LICENSE
Subject to your compliance with these Terms and our Acceptable Use Policy, we grant you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Website for lawful personal or business purposes connected with evaluating or communicating about our Services.
This license may be revoked at any time.
14. USER-SUBMITTED MATERIALS
If you voluntarily provide photographs, documents, descriptions, property information, repair information, or other materials to us in connection with an inquiry or potential transaction, you authorize us to use those materials as reasonably necessary to:
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Evaluate the property;
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Conduct due diligence;
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Verify information;
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Communicate with you;
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Evaluate or structure a transaction;
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Obtain professional or contractor input; and
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Otherwise provide the Services you requested.
You represent that you have the right to provide materials you submit to us.
This section does not alter our treatment of personal information, which remains governed by the Privacy Policy.
15. FEEDBACK
If you voluntarily provide ideas, comments, suggestions, or feedback regarding our Website, business, or Services, you grant us the right to use that feedback without restriction or compensation to you, provided that our use remains subject to applicable law.
16. THIRD-PARTY SERVICES AND LINKS
The Website or Services may reference, integrate with, or contain links to third-party websites, products, platforms, providers, or services.
We do not control independent third parties and are not responsible for their:
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Availability;
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Content;
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Accuracy;
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Security;
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Products;
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Services;
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Terms;
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Privacy practices; or
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Conduct.
Your interaction with a third party is governed by your relationship with that third party.
The inclusion of a third-party link, integration, reference, or service does not necessarily constitute our endorsement of that third party.
17. WEBSITE AVAILABILITY
We do not guarantee that the Website or Services will always be:
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Available;
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Continuous;
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Error-free;
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Secure;
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Free from technical defects; or
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Compatible with every device, browser, or system.
We may modify, suspend, restrict, discontinue, replace, or remove any portion of the Website or Services at any time, with or without notice, subject to applicable law.
We are not liable merely because the Website or a particular feature is temporarily unavailable.
18. WEBSITE CONTENT
We attempt to provide useful and accurate information, but Website information may contain mistakes, omissions, outdated information, typographical errors, or technical inaccuracies.
We may update Website information at any time.
We do not warrant that every statement appearing on the Website is complete, current, or applicable to every individual property or circumstance.
19. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOME OFFER CENTER AND INVICTUS ESTATE HOLDINGS LLC DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF:
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MERCHANTABILITY;
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FITNESS FOR A PARTICULAR PURPOSE;
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TITLE;
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NON-INFRINGEMENT;
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ACCURACY;
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AVAILABILITY; AND
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QUIET ENJOYMENT.
WE DO NOT WARRANT THAT:
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THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION;
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THE WEBSITE WILL BE ERROR-FREE;
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DEFECTS WILL ALWAYS BE CORRECTED;
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INFORMATION WILL ALWAYS BE ACCURATE OR COMPLETE;
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THE WEBSITE WILL BE FREE FROM MALICIOUS CODE;
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YOU WILL RECEIVE AN OFFER;
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ANY PARTICULAR OFFER AMOUNT WILL BE MADE; OR
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A PROPERTY TRANSACTION WILL CLOSE.
Some jurisdictions may not permit certain warranty exclusions, in which case those exclusions apply only to the maximum extent permitted by applicable law.
20. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOME OFFER CENTER, INVICTUS ESTATE HOLDINGS LLC, AND THEIR OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO YOUR ACCESS TO OR USE OF THE WEBSITE OR SERVICES.
This includes, where permitted by law, damages relating to:
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Lost profits;
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Lost opportunities;
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Lost data;
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Business interruption;
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Property decisions;
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Reliance on Website information;
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Third-party services;
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Website interruptions; or
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Unauthorized access to the Website.
Except for liability that cannot legally be limited, our aggregate liability arising solely from your use of the Website or Services, excluding obligations arising under a separately executed real estate purchase agreement, will not exceed the greater of:
(a) $100; or
(b) the amount you paid directly to us for use of the Website during the twelve months preceding the event giving rise to the claim.
Because use of the Website is ordinarily provided without charge, the $100 minimum applies where no amount has been paid.
Nothing in this section limits any liability that applicable law prohibits us from limiting.
21. TRANSACTION AGREEMENTS ARE SEPARATE
These Terms govern the Website and general Services.
They are not a substitute for a real estate purchase agreement, assignment, option agreement, closing document, title document, or other transaction-specific contract.
A separately signed transaction agreement may contain:
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Additional representations;
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Warranties;
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Inspection rights;
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Contingencies;
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Remedies;
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Closing requirements;
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Allocation of expenses;
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Risk-of-loss provisions;
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Title requirements; and
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Other transaction-specific terms.
Those transaction-specific provisions will govern the actual transaction.
22. INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Home Offer Center, Invictus Estate Holdings LLC, and their respective members, managers, officers, employees, contractors, representatives, affiliates, successors, and assigns from and against third-party claims, liabilities, damages, losses, judgments, expenses, and reasonable attorneys' fees arising from or relating to:
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Your material violation of these Terms;
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Your material violation of the Acceptable Use Policy;
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Your unlawful use of the Services;
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Materials you submit without authorization;
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Your infringement of another person's rights; or
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A material misrepresentation made by you regarding your authority to act concerning a property.
This provision does not require you to indemnify any person for liability resulting from that person's own conduct where such indemnification would be prohibited by applicable law.
23. SUSPENSION AND TERMINATION
We may suspend, restrict, or terminate access to the Website or Services if we reasonably believe that:
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You violated these Terms;
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You violated our Acceptable Use Policy;
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Your activity creates a security risk;
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Your activity may violate applicable law;
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Your activity interferes with the Website or other users;
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Fraudulent or abusive activity has occurred; or
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Suspension or termination is otherwise reasonably necessary to protect the Company or another person.
Termination of Website access does not automatically terminate rights or obligations arising under a separately executed real estate transaction agreement.
24. CHANGES TO THE SERVICES
We may develop, modify, replace, expand, reduce, or discontinue features or Services as our business changes.
Nothing in these Terms requires us to continue operating a particular Website feature, business process, technology, communication method, or service indefinitely.
25. CHANGES TO THESE TERMS
We may revise these Terms from time to time to reflect changes in:
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Our Services;
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Our business;
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Applicable law;
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Technology;
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Operational practices; or
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Legal or regulatory requirements.
When we revise these Terms, we will update the Effective Date.
Unless applicable law requires otherwise, updated Terms become effective when posted to the Website.
Changes will not retroactively modify the terms of a separately executed real estate agreement unless that agreement expressly permits such modification.
Your continued use of the Website after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by applicable law.
26. GOVERNING LAW
Except as otherwise provided in the arbitration provisions below or where applicable law requires otherwise, these Terms and any dispute arising from them will be governed by the laws of the State of Missouri, without regard to conflict-of-laws principles.
The Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement below to the extent applicable.
27. INFORMAL DISPUTE RESOLUTION
Before commencing arbitration or litigation regarding a dispute arising from these Terms or the Services, you and the Company agree to attempt in good faith to resolve the dispute informally.
A party initiating a dispute must provide the other party with written notice describing:
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The party's name and contact information;
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The nature and factual basis of the dispute; and
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The relief requested.
The receiving party will have 30 days after receiving the notice to attempt to resolve the dispute.
If the dispute has not been resolved after 30 days, either party may proceed with arbitration or another proceeding expressly permitted under these Terms.
This informal-resolution requirement does not prevent either party from seeking emergency or temporary injunctive relief where reasonably necessary to prevent immediate and irreparable harm.
28. BINDING ARBITRATION
THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.
That conspicuous notice tracks the notice required by Missouri's arbitration statute.
Agreement to Arbitrate
Except for disputes expressly excluded below, you and Invictus Estate Holdings LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Website, the Services, or the relationship between you and the Company will be resolved through final and binding individual arbitration rather than in court.
This agreement includes claims based in:
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Contract;
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Tort;
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Statute;
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Regulation;
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Fraud;
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Misrepresentation;
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Equity; or
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Any other legal or equitable theory.
The arbitrator, rather than a judge or jury, will resolve the dispute, subject to any matters that applicable law requires a court to determine.
Federal Arbitration Act
The parties agree that these arbitration provisions involve interstate commerce and that the Federal Arbitration Act, 9 U.S.C. §§ 1–16, governs their interpretation and enforcement to the fullest extent applicable.
Federal law generally recognizes written arbitration agreements as enforceable subject to ordinary contractual defenses, and courts can compel arbitration according to a valid arbitration agreement.
Arbitration Administrator
Unless the parties agree otherwise in writing, arbitration will be administered by the American Arbitration Association (“AAA”) under the AAA rules applicable to the dispute, including the AAA Consumer Arbitration Rules where applicable.
The applicable AAA rules and fee schedules will govern allocation of arbitration fees except where these Terms or applicable law require a different allocation.
AAA's current Consumer Arbitration Rules include specific consumer fee provisions and procedures.
Location and Method
Arbitration may be conducted:
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Remotely;
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By telephone;
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Through written submissions; or
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In person,
as permitted under the applicable arbitration rules and determined appropriate by the arbitrator.
Where consumer arbitration law requires a particular location or procedure for fairness or accessibility, those requirements will control.
Authority of Arbitrator
Subject to applicable law and these Terms, the arbitrator may award the same individual relief that would otherwise be available in court.
The arbitrator must apply applicable substantive law and may not award relief to or against persons who are not parties to the arbitration except where required by law.
Judgment on an arbitration award may be entered in any court having jurisdiction.
29. CLASS ACTION AND REPRESENTATIVE ACTION WAIVER
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
Accordingly, unless both parties expressly agree otherwise in writing:
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Claims may not be arbitrated on a class basis;
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Claims of multiple individuals may not be combined into a single arbitration merely because they involve similar allegations;
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An arbitrator may not preside over a class or representative proceeding; and
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Relief may be awarded only to the individual party seeking relief and only to the extent necessary to resolve that party's individual claim.
YOU AND THE COMPANY EXPRESSLY WAIVE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION AGAINST THE OTHER.
The U.S. Supreme Court has repeatedly addressed the distinction between individual and class arbitration, including holding that class arbitration cannot be inferred from an ambiguous agreement to arbitrate.
If a final judicial determination holds that applicable law prohibits enforcement of this waiver with respect to a particular claim or request for relief, that specific claim or request for relief will proceed in court to the extent required by law, while arbitrable claims remain subject to arbitration to the extent legally permitted.
30. JURY TRIAL WAIVER
TO THE EXTENT A DISPUTE IS SUBJECT TO ARBITRATION, YOU AND THE COMPANY UNDERSTAND AND AGREE THAT ARBITRATION REPLACES THE RIGHT TO HAVE THAT DISPUTE DECIDED BY A JUDGE OR JURY IN COURT.
For any dispute permitted to proceed in court and for which a jury-trial waiver is legally enforceable, YOU AND THE COMPANY WAIVE THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
31. EXCEPTIONS TO ARBITRATION
Notwithstanding the arbitration agreement above, either party may:
Small Claims Court
Bring an individual claim in a court of competent small-claims jurisdiction if the claim qualifies and remains solely on an individual basis.
Intellectual Property and Unauthorized Access
Seek temporary, preliminary, or permanent injunctive relief in court where reasonably necessary to:
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Prevent infringement or misappropriation of intellectual-property rights;
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Prevent unauthorized access to or attacks against the Website or Services;
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Prevent misuse of confidential information; or
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Prevent immediate and irreparable harm.
Enforcement of Arbitration
Either party may ask a court of competent jurisdiction to:
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Compel arbitration;
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Stay litigation pending arbitration;
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Confirm an arbitration award;
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Vacate or modify an arbitration award where authorized by law; or
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Otherwise enforce these arbitration provisions.
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32. OPT-OUT OF ARBITRATION
You may opt out of the arbitration agreement contained in Sections 28 through 31 by sending written notice to us within 30 days after the date you first become bound by these Terms.
Your notice must include:
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Your full name;
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Your email address;
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A statement that you are opting out of the arbitration provisions in the Home Offer Center Terms of Service.
Opting out of arbitration will not affect the remaining provisions of these Terms.
An arbitration opt-out applies only to the individual who timely submits it and does not affect another person's agreement to arbitrate.
33. COURT VENUE FOR NON-ARBITRABLE DISPUTES
To the extent a dispute is not subject to arbitration and applicable law permits the parties to agree upon venue, the parties agree that the dispute will be brought exclusively in an appropriate state or federal court located in Wyoming.
Each party consents to personal jurisdiction and venue in those courts.
This provision does not apply where applicable law prohibits requiring a consumer to litigate in that location.
34. TIME LIMIT FOR CLAIMS
To the maximum extent permitted by law, any claim arising solely from use of the Website or Services must be commenced within one year after the claim accrued, or it will be permanently barred.
This contractual limitations period does not apply where applicable law prohibits shortening the otherwise applicable statute of limitations.
It also does not modify any limitations period established by a separately executed real estate transaction agreement.
35. SEVERABILITY
Except as specifically provided in the Class Action and Representative Action Waiver, if any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent legally permissible and, where necessary, severed from these Terms.
The remaining provisions will remain in full force and effect.
36. NO WAIVER
Our failure to enforce any provision of these Terms on one occasion does not waive our right to enforce that provision or another provision in the future.
A waiver is effective only if made in writing by the party granting the waiver.
37. ASSIGNMENT
You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
We may assign these Terms, to the extent permitted by applicable law, in connection with:
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A merger;
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Acquisition;
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Corporate restructuring;
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Reorganization;
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Sale of assets;
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Transfer of the Website or business; or
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Transfer to an affiliated entity.
38. FORCE MAJEURE
To the extent permitted by law, we will not be liable for delay or failure in Website or Service performance caused by circumstances reasonably beyond our control, including:
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Natural disasters;
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Severe weather;
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Fire;
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Flood;
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Epidemics or pandemics;
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War;
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Terrorism;
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Civil unrest;
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Labor disputes;
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Utility outages;
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Telecommunications outages;
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Internet failures;
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Cyberattacks;
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Government actions;
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Regulatory changes;
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Third-party platform outages; or
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Similar circumstances outside our reasonable control.
This section does not excuse obligations under a separately executed real estate agreement unless that agreement provides otherwise.
39. NO THIRD-PARTY BENEFICIARIES
Except where expressly stated otherwise, these Terms are for the benefit of you and the Company and do not create enforceable rights in any third party.
40. RELATIONSHIP OF THE PARTIES
Nothing in these Terms creates a partnership, joint venture, employment relationship, franchise, fiduciary relationship, or agency relationship between you and the Company.
41. HEADINGS
Section headings are provided for convenience and do not affect interpretation of these Terms.
42. ENTIRE AGREEMENT
These Terms, together with the documents expressly incorporated by reference, including our:
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Privacy Policy; and
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Acceptable Use Policy,
constitute the agreement governing your general use of the Website and Services.
They do not replace separately executed real estate transaction agreements.
43. ORDER OF PRECEDENCE
If documents governing your relationship with us conflict, the following order generally applies:
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A specific written real estate transaction agreement concerning the particular transaction;
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Any other specifically executed written agreement between you and the Company;
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These Terms of Service;
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The Acceptable Use Policy.
The Privacy Policy independently governs the processing of personal information and should not be interpreted as expanding contractual obligations beyond those stated in that policy or required by law.
44. SURVIVAL
Any provisions that by their nature should survive termination of these Terms will survive, including provisions concerning:
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Intellectual property;
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Disclaimers;
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Limitation of liability;
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Indemnification;
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Dispute resolution;
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Arbitration;
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Class-action waiver;
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Governing law;
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Rights accrued before termination; and
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Interpretation and enforcement.
45. CONTACT INFORMATION
Questions concerning these Terms may be directed to:
Home Offer Center
Operated by Invictus Estate Holdings LLC
Website: HomeOfferCenter.com