Welcome to Offer Bot ("Company"). We are a company that offers solutions for real estate professionals that people (our “Clients”) can use to purchase real estate and connect with their friends, customers, and service providers (“End Users”), collectively referred to as “you”.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Offer Bot is a company that offers digital solutions for real estate professionals that people can use to complete real estate transactions and connect with their clients, customers and service providers.
- By registering and participating in this Service, you agree and represent as follows: You are of legal age and are otherwise capable of forming a legally binding contract;
- All information you submit to Offer Bot or in connection with our Service is accurate and complete and that you will maintain and promptly update any profile supplied to us to ensure accuracy at all times;
- You agree to be contacted via Email, SMS and text messaging by Offer Bot and third parties, if relevant, regarding Offer Bot’s services;
- You hereby grant Offer Bot permission to email or display your profile and such other information as may be supplied by you to us on or from our website as we shall deem advisable in our sole determination in connection
- Unless you are a real estate agent, you agree to use the Services for your own personal use only;
- By using the Service, you are granting us permission to access your account and those messages, data, information, text, graphics, audio, video or other material posted/ uploaded/transmitted to or through the Service using your account, solely in connection with the provision of Services.
You may visit our Site without registering. However, in order to use some of our Services you will be required to register for an account. When creating an account we will collect among other items your name, address, and email. If you decide to purchase any of our products, you will also be required to submit your credit card information to our third party payment processors or to Apple iTunes or Google. We may also ask you for additional information if necessary.
3. Responsibility For User Content
4. Right to Modify or Terminate the Service
We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. If we terminate your access to the Service, your posts, comments, followers, chats, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your profile), but those materials and data may persist and appear outside the Service (e.g., if your Content has been reshared by others outside the Service).
It is the policy of Offer Bot to respond to all claims of intellectual property infringement. We will promptly investigate notices of alleged infringement and will take appropriate actions required under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent:
Offer Bot Attention: Legal Team of Offer Bot 374 East H Street, Suite A, PMB 543 Chula Vista, CA 91910 Email: firstname.lastname@example.org
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
4. Acceptable Use Policy
5. Sharing Your Content
Subject to the license above, you retain all of your rights in all of the Materials you post to our Service, including all copyright rights; moral rights; rights of publicity; trademark, trade dress and service mark rights (and associated goodwill); trade secret rights; patent rights and all other intellectual property and proprietary rights as they may now exist or hereafter come into existence, and all applications for any of these rights and registrations, renewals and extensions of any of these rights, in each case under the laws of any state, country, territory or other jurisdiction. The Service, all content and other subject matter included on or within the Service (“Offer Bot Content”) is the exclusive property of Offer Bot or its licensors. Offer Bot reserves all of its rights with respect the Offer Bot Content, and you may not download or distribute or otherwise make any personal or commercial use of the Offer Bot Content.
The Service may offer forums, blogs, comment areas, bulletin boards, chat rooms and other areas (collectively, "Forums") that are intended to provide users 18 years of age and older an interesting and stimulating forum in which they can express their opinions and share their ideas. Offer Bot does not endorse the accuracy or reliability of any advice, opinion, statement or information posted on these Forums. Please use your best judgment, and be respectful of other individuals using these Forums. Do not use vulgar, abusive or hateful language. Uploading copyrighted or other proprietary material of any kind on the Service without the express permission of the owner of that material is prohibited and may result in civil and/or criminal liability. Any information you disclose when posting a message in these Forums may become public. You should not include any information in your posting that you do not want other parties to see or use and you hereby agree that you will not hold Offer Bot responsible for any third party's use of information contained in such posting. To maintain a positive, creative environment in which Users may share and display Materials, we ask that you only use the Service in a manner that is consistent with our Acceptable Use Policy.
You agree not to use user names or Forum titles that are offensive, obscene, or harassing to others. We reserve the right to require you to change your user name or the title of your Forum at any time and for any reason in our sole discretion.
7. Use of Third Party Services As a part of our Service, we may offer links to websites operated by various third parties and are not responsible or liable for any acts or omissions created or performed by these third parties. We provide such links for your convenience and reference only. Offer Bot does not operate or control in any way any information, software, products or services available on such websites. Our inclusion of a link to a website does not imply any endorsement of the services or the website, its contents, or its sponsoring organization.
8. Mobile Apps
A. Our Mobile Application
We may make available various Offer Bot Apps to access the Service via a mobile device. To use any Offer Bot App you must have a mobile device that is compatible with the Mobile Service. Offer Bot does not warrant that any Mobile App will be compatible with your mobile device. Offer Bot grants to you a non-exclusive, non-transferable, revocable license to use a compiled code copy of any Offer Bot App for one Offer Bot account on one mobile device owned or leased solely by you, for your personal, non-commercial use. You may not: (i) modify, disassemble, decompile or reverse engineer any Offer Bot App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer any Offer Bot App to any third party or use any Offer Bot App to provide time sharing or similar services for any third party; (iii) make any copies of any Offer Bot App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of any Offer Bot App, features that prevent or restrict use or copying of any content accessible through any Offer Bot App, or features that enforce limitations on use of any Offer Bot App; or (v) delete the copyright and other proprietary rights notices on any Offer Bot App. You acknowledge that Offer Bot may from time to time issue upgraded versions of any Offer Bot App, and may automatically electronically upgrade the version of any Offer Bot App that you are using on your mobile device. You consent to such automatic Offer Bot upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated in any Offer Bot App is covered bythe applicable open source or third-party end user license agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of any Offer Bot App or any copy thereof, and Offer Bot or its third party licensors or suppliers retain all right, title, and interest in and to any Offer Bot App (and any copy of any Offer Bot App). You agree to comply with all United States and foreign laws related to use of any Offer Bot App and the Service. Standard carrier data charges may apply to your use of any Offer Bot App. If any Offer Bot Software is being acquired on behalf of the United States Government, then the following provision applies: Use, duplication, or disclosure of the Offer Bot Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Offer Bot Software originates in the United States, and is subject to United States export laws and regulations. The Offer Bot Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Offer Bot Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Offer Bot Software and the Service.
B. Offer Bot App from iTunes
10. Disclaimers and Limitations Offer Bot intends that the information contained in its Service be accurate and reliable; however, errors sometimes occur. In addition, Offer Bot may make changes and improvements to the information provided herein at any time. THE SERVICE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." OFFER BOT AND/OR ITS SUPPLIERS, PARTNERS AND AFFILIATES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF OFFER BOT’S SERVICE IS AT YOUR OWN RISK. OFFER BOT AND/OR ITS SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OFFER BOT’S WEBSITE OR SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH OFFER BOT, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OFFER BOT AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL OFFER BOT OR ITS SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE. OFFER BOT’S LIABILITY, AND THE LIABILITY OF OFFER BOT’S SUPPLIERS AND AFFILIATES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, SHALL NOT EXCEED THE TOTAL SUM OF $100.00. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE CONTRACT BETWEEN OFFER BOT AND YOU. Some states do not allow the limitation of liability, so the foregoing limitation may not always apply. For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above, then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by our negligence or that of any of our officers, employees or agents; or
(b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. ERRORS AND DELAYS
Offer Bot is not responsible for any errors or delays caused by an incorrect e-mail address or phone number provided by you or any other technical problems.
11. Payment After browsing and using the free section of our website or App, you may be interested in purchasing some of our Offer Bot products or services. You will be required to submit payment information and address information to do so, or you may be required to login to Apple iTunes or Google Play. Some of our content may require a monthly subscription, which will be due and payable at the beginning of each month, and will not be refundable for any reason.
Credit Cards: You are expected to pay all Charges on time and may be required to submit an accompanying payment and/or payment authorization in connection with Charges. Credit card transactions require an acceptable and currently working credit card number. We may terminate or disable your account if you fail to pay any amount when due. If the credit card expires or otherwise declines payment, access to Offer Bot can be modified or suspended. If payment is more than thirty (30) calendar days past due, interest will be charged on the unpaid balance at the lower of (a) 1.0% per month, or (b) the maximum allowable by law. The entire amount of unpaid Charges or other outstanding balance (if any), plus this assessment, will become immediately due and payable. You agree to pay all costs of collection, including legal fees, incurred by us. Each time Offer Bot’s services are used, you agree that you are affirming that Offer Bot is authorized to obtain payment from you through the selected payment method. All fees are quoted and payable in United States dollars. You also responsible for paying all applicable taxes for information, contents, goods, products or services and any other costs incurred in connection with the use of or access to our services including Charges incurred on your account by anyone you allow to use it. You may cancel your account at anytime, and charges will no longer be incurred.
Taxes: You are solely responsible for any applicable state, federal or provincial taxes. Although you may not be charged taxes by us, you agree that you will pay any applicable taxes or fees to your local or state tax agency for any purchases. We are not responsible for collecting, transmitting, or advising on taxes, duties, or other levies by the government regarding your purchases.
13. Dispute Resolution
Any claim or controversy arising out of or relating to the use of Offer Bot’s Service, to the goods or services provided by Offer Bot, or to any acts or omissions for which you may contend Offer Bot is liable, including but not limited to any claim or controversy ("Dispute"), shall be finally, and exclusively, settled by arbitration in San Diego, California, from which arbitration there shall be no appeal. The arbitration shall be held before one arbitrator under the Commercial Arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. The arbitrator shall apply the substantive law of the State of California, except that the interpretation and enforcement of this arbitration provision shall be governed by the Federal Arbitration Act. To begin the arbitration process, a party must make a written demand therefore. Each part shall bear its own costs and attorneys’ fees. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in California. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND OFFER BOT WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOU ACKNOWLEDGE AND AGREE THAT YOU AND OFFER BOT ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Offer Bot otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.
14. Class Action/Jury Trial Waiver
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
15. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Offer Bot must be addressed to our agent for notice and sent via certified mail to: Agent of Offer Bot, 374 East H Street, Suite A, PMB 543, Chula Vista, CA 91910.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
17. Copyright and Trade Mark Notices All contents of the Service are copyrighted © 2017 Offer Bot. All rights reserved. You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of Offer Bot, LLC. Other product and company names may be trademarks or service marks of their respective owners.
IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES MADE IN THESE TERMS, PLEASE EXIT THIS WEBSITE AND/OR SERVICE IMMEDIATELY.
Terms of Service updated 2/1/2017