The Home Offers

Terms of Service

Last Updated: January 28, 2025

Welcome to The Home Offer! Your use of our websites (such as “www.thehomeoffer.com“), apps, and services, and access to our properties (collectively, “Services”) is governed by these Terms. (We refer to our properties as “Home Offer Properties,” which refers to any real property, including land.)

Please review these Terms carefully: they contain important provisions that impact your legal rights, including warranty and liability disclaimers, and a Dispute Resolution and Arbitration Provision where both you and we waive rights to bring lawsuits in court or participate in class actions. You may opt out of arbitration (see Section 1.9.9). Also review our Privacy Policy, which is incorporated into these Terms. By using our Services, you agree to these Terms and enter into a binding agreement with The Home Offer.

“The Home Offer” refers to The Home Offer LLC, its affiliated entities, predecessors, successors, assigns, and all officers, directors, employees, and agents thereof. We may update these Terms from time to time and post the revised version at www.thehomeoffer.com/terms. Continued use of our Services after any updates constitutes your acceptance of the revised Terms.

1. General Terms

1.1 Using Our Services

1.1.1 General Requirements

You agree to comply with all applicable local, state, national, and international laws and regulations when using our Services. Our Services are intended solely for personal, non-commercial use by U.S. residents aged 18 years and older. If you do not meet these criteria, you must immediately stop using our Services. We reserve the right to refuse Services to anyone at any time.

1.1.2 Registered Users

Some features of our Services may require you to register an account. You agree to provide accurate, current, and complete registration information and to keep this information up-to-date. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You may not sell, transfer, or assign your account to others. If you suspect unauthorized use, contact us immediately at support@thehomeoffer.com.

1.1.3 Access

The Home Offer grants you a limited, non-exclusive, revocable license to access and use our Services in accordance with these Terms. Any unauthorized use or access not explicitly permitted is prohibited.

1.1.4 Intellectual Property

All content available through our Services—including text, images, videos, software, and other materials—is the intellectual property of The Home Offer or its licensors. You may not reproduce, modify, republish, or distribute this content without our prior written consent.

1.1.5 Infringement

If you believe that any content within our Services infringes your copyright, please submit a notice under the DMCA to: Legal Team, The Home Offer, 123 Main Street, City, State ZIP Email: dmca@thehomeoffer.com

1.1.6 Restrictions

You agree not to:

  • Impersonate any person or misrepresent your identity.
  • Harvest data, scrape content, or use bots.
  • Attempt to reverse engineer our systems.
  • Violate any laws.
  • Send spam, chain letters, or pyramid schemes.
  • Attempt unauthorized access to systems.
  • Damage or disrupt the Services.

1.1.7 Submissions

Any content you submit (e.g., reviews, listings, suggestions) becomes non-confidential and non-proprietary. You grant The Home Offer an irrevocable, worldwide, royalty-free license to use, reproduce, publish, display, and distribute such content.

1.1.8 Mobile ID & Verification Data

When using mobile devices to access properties, your carrier may share Mobile ID data. We may also request identity verification via government-issued ID, and this data is used for lawful purposes, including fraud prevention and security.

1.2 Disclaimers

1.2.1 No Warranty

Our Services and all related content are provided “as is” and “as available” without any warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

1.2.2 Assumption of Risk

You use our Services and visit properties at your own risk. You are solely responsible for any resulting damage to devices, data loss, or personal injury.

1.2.3 Not Legal/Professional Advice

The Home Offer does not provide legal, tax, or financial advice. Consult a qualified professional for such services.

1.3 Limitation of Liability

To the fullest extent permitted by law, The Home Offer disclaims liability for any damages, including direct, indirect, incidental, or consequential damages arising from your use of our Services, property visits, or reliance on provided content.

1.4 Indemnification

You agree to indemnify and hold The Home Offer harmless from any claims, damages, or losses resulting from your use of our Services or violation of these Terms.

1.5 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

1.6 Enforceability

If any provision of these Terms is found to be unenforceable, the remainder will remain in effect. Our failure to enforce any provision does not constitute a waiver.

1.7 Consent to Be Contacted

By providing a telephone number, you consent to be contacted via calls or text messages, including automated systems. You may opt out of text messages by replying “STOP.”

1.8 SMS Program

You may text “OFFER” to 55555 to receive information about home offers. Message and data rates may apply. You can opt out by texting “STOP.” For help, contact support@thehomeoffer.com or call 1-800-HOME-OFFER.

1.9 Dispute Resolution & Arbitration

1.9.1 Definitions

“Claim” means any dispute between you and The Home Offer.

1.9.2 Informal Negotiations

Before initiating arbitration, both parties agree to attempt informal negotiations for at least 30 days.

1.9.3 Binding Arbitration

Any Claim shall be resolved solely by binding individual arbitration under the Federal Arbitration Act. Class actions are not permitted.

1.9.4 Claims Not Covered

Individual claims in small claims court are not subject to arbitration. Disputes over arbitration provisions themselves must be resolved in court.

1.9.5 Arbitration Rules

Arbitration shall follow AAA or JAMS rules. In case of conflict, these Terms will govern.

1.9.6 Costs

Each party bears its own arbitration costs unless specified otherwise by law.

1.9.7 Venue

Arbitration will be conducted in your federal judicial district or another mutually agreed location.

1.9.8 Severability

This clause survives termination. If the class action waiver is invalidated, the entire arbitration provision is void.

1.9.9 Right to Opt-Out

You may opt out of arbitration within 30 days of accepting these Terms by emailing arbitration-opt-out@thehomeoffer.com with your contact details and a statement to opt out.

2. Service-Specific Terms

2.1 Offer Estimates

Any estimated offer (e.g., preliminary or initial offer) is not an appraisal and should be treated as an invitation to request a formal offer.

2.2 Selling Your Property

2.2.1 The Home Offer Purchase Offer

A formal offer to purchase your property from The Home Offer is subject to eligibility criteria, property inspection, and conditions. The Home Offer acts as a buyer, not your real estate agent.

2.2.3 Post-Sale Responsibility

After selling your home, you are responsible for forwarding your mail and updating addresses. The Home Offer is not liable for deliveries to the sold property.

2.3 Property Visits

2.3.1 Access Rules

Access to properties is limited to evaluating the home for purchase or conducting authorized business. Access is generally limited to one hour unless extended by prior approval.

2.3.2 Acceptable Conduct

You agree not to engage in any activity that is illegal, harmful, or disruptive. This includes no smoking, alcohol, littering, misuse of property features, or bringing weapons. You are responsible for any damage caused during your visit.

2.4 Buying from The Home Offer

Homes are sold “as is” without warranties. You are encouraged to obtain independent inspections and assessments before purchase.

2.5 Brokerage and Referrals

You may choose to work with a third-party agent referred by The Home Offer (“Partner Agent”), and referral fees may apply. You are under no obligation to use a referred agent.

2.6 Promotions

All promotional offers are subject to eligibility and may not be combined unless explicitly stated. Final incentives may vary depending on transaction terms.

2.8 Buyback Guarantee

If eligible, you may return your purchased home within 90 days, subject to conditions like no tenant occupancy, no major changes to the property, and no liens. Contact buyback@thehomeoffer.com to begin the return process.

2.9 AI Chatbot

The Home Offer provides an AI chatbot to assist with general information. It does not provide legal, financial, or real estate advice, nor does it have authority to enter into contracts. Use of the chatbot is at your own risk.

Last Updated: March 19, 2025

Any rights not expressly granted herein are reserved by The Home Offer.

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