Last updated: March 14, 2022
THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE ALL CLAIMS AND CLASS ACTION WAIVER; AND CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY THAT APPLIES TO ALL DISPUTES WITH WMO MARKETING LLC (please see sections 12, 5, and 6). These provisions form an essential basis of our bargain.
If you do not agree to these terms and conditions, you are not authorized to access or use the Website and you are to cease accessing or otherwise using the Website.
You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on our sites and services.
For purposes of this Agreement, “You” or “Your” means the person(s) using the Website, and/or the goods, facilities or services of WMO Marketing LLC (“Services”), including sellers of residential real estate (“Sellers”) that provide information about themselves to WMO Marketing LLC and, by association, the investors in the "WhatsMyOffer" network (“Investors”).
2. Locator Services
When you complete the form on the Website - or contact WMO Marketing LLC via phone numbers displayed in the Website - we match your information and service request against our list of Investors, which may include exclusive licensees of the WhatsMyOffer tradename and services as well as other real estate professionals who have an association or contractual relationship with WMO Marketing LLC or its affiliates (collectively, “Investors”). When you submit a request through our website, you provide express written consent to WMO Marketing LLC to provide your personal information to one or more Investors we match with your request. Sharing this information with Investors allows them to contact you using the e-mail address(es), phone number(s) (including mobile devices, SMS, and MMS), or other contact information you provided, even if you are on a Do Not Call list.
Note: You are providing express written consent for WMO Marketing LLC and these associated Investors to share this private personally identifiable information for these purposes, litigation, regulatory request(s), law enforcement requests, internal analytics and/or for marketing purposes.
WMO Marketing LLC is not a licensed real estate broker. WMO Marketing LLC does not own, sell, invest provide, control, manage, offer, deliver, solicit sales of real estate. We do not represent you in connection with any real estate transaction, and you may want to consult with a broker or lawyer before selling or buying real property. WMO Marketing LLC is not involved in making the offer or otherwise involved in the transaction and does not guarantee you will get the best offer available.
The "WhatsMyOffer" Offer is not an appraisal and does not necessarily represent the “market value” of your home. The "WhatsMyOffer" Offer is the purchase price "Investors" may be willing to pay for your home. The WhatsMyOffer.com Offer is calculated by WhatsMyOffer.com using a propriety formula, based on information you have submitted to WhatsMyOffer.com and publicly-available information regarding your property.
A "WhatsMyOffer.com" Offer is an estimated offer by WhatsMyOffer.com of what "Investors" may pay to purchase a home. You will be eligible to receive a WhatsMyOffer.com Offer after you provide us with information about your home and (i) you are the owner or represent the owner of the home, (ii) the home is in one of our service areas, (iii) the home meets our "Investors" current home-buying parameters, which may change from time to time for a given service area under their sole discretion and (iv) the "Investor" have had an opportunity to assess your home.
In making you a "WhatsMyOffer.com" Offer, WhatsMyOffer.com or WMO Marketing LLC is not acting as your real estate agent or broker. WhatsMyOffer.com is merely acting on behalf of a purchaser of real estate. As a seller, you have the right, and it is your responsibility, to independently evaluate and decide whether to accept the "WhatsMyOffer.com" Offer.
Users are responsible for their own activities and WMO Marketing LLC does not make any decisions in connection with the products or Services. WMO Marketing LLC does not endorse or recommend the products or services of any particular Investors. WMO Marketing LLC is not an agent of either you or any Investor or Seller. WMO Marketing LLC's services are only administrative. You should rely on your own judgment in deciding which available product or service and Investor relationship best suits your needs and financial means.
WMO Marketing LLC has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Investor or Seller’s activities or information, (ii) the truth or accuracy of any descriptions, ratings, reviews, or other member content (as defined below), or (iii) the performance or conduct of any member or third party.
Any information provided about an Investor or Seller is not an endorsement, certification or guarantee by WMO Marketing LLC about any Investor or Seller, including of their identity or background or whether they are trustworthy, safe or suitable. You should always exercise due diligence and care when deciding using the Service, any financial transaction, or communicate and interact with other Investors or Sellers, whether online or in person.
Each Investor is solely responsible for its services to you, and you agree that WMO Marketing LLC shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of their products or services, or offers. You understand that Investors may keep your request information and any other information provided by WMO Marketing LLC or received by them in the processing of your request, whether or not you are qualified for the product or service with them or if you acquire a product or service with them. You agree to notify any particular Investor or Seller directly if you no longer want to receive communications from them.
WMO Marketing LLC expressly reserves the right to discontinue, suspend or terminate the offering of any product or service in any specific state through the Website at any time, without prior notice.
If you choose to use the Website, including as an Investor or Seller, your relationship with WMO Marketing LLC is limited to being an independent, third-party contractor, and not an employee, agent, joint venture or partner of WMO Marketing LLC for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of WMO Marketing LLC.
WMO Marketing LLC is paid a license and/or marketing fee by the Investor or a third party “finder” (if the finder markets for or to the Investor or Seller) for the goods, facilities and services WMO Marketing LLC provided. Your use of the Websites and/or WMO Marketing LLC's Services constitutes your agreement with this compensation arrangement. Participating Investors are responsible for paying for any cost associated with the product or service, which is provided to you or any other Seller as an information service at no cost.
BY USING OUR WEBSITE OR BY CLICKING ON ANY BUTTON INDICATING AN ACCEPTANCE OR AGREEMENT TO TERMS, A CONTINUANCE OF PROCESSING OR SUBMISSION (“SUBMISSION”) YOU UNDERSTAND THAT YOU ARE CONSENTING, ACKNOWLEDGING AND AGREEING TO THE STATED TERMS AND CONDITIONS OF THAT SUBMISSION AND THAT YOU ARE SUBMITTING AN INQUIRY THROUGH WMO MARKETING LLC TO EACH OF THE INVESTORS TO WHOM YOUR INFORMATION REQUEST IS TRANSMITTED. FURTHER, THAT YOU ARE REPRESENTING ALL OF THE INFORMATION YOU HAVE PROVIDED IN THE REFERRAL FORM IS TRUE AND COMPLETE. YOU FURTHER UNDERSTAND AND AGREE THAT BY SUBMITTING YOUR INFORMATION, INCLUDING ANY TELEPHONE NUMBERS, TO US, INVESTORS, AND OTHER PROVIDERS, YOU ARE EXTENDING AN EXPRESS INVITATION FOR US OR OUR AFFILIATES, AND THEM, TO CONTACT YOU BY TELEPHONE AT THE NUMBERS (WHETHER LANDLINE OR CELLULAR) YOU HAVE PROVIDED, AND YOU HEREBY CONSENT TO ANY SUCH CALLS EVEN IF YOUR PHONE NUMBER IS ON THE DO NOT CALL LIST. TELEPHONE CALLS MAY INCLUDE PRERECORDED OR ARTIFICIAL VOICE MESSAGES AND CALLS USING AN AUTOMATIC TELEPHONE DIALING SYSTEM. YOUR CONSENT IS NOT A CONDITION OF YOUR PURCHASE.
You agree that any calls to or from us may be monitored or recorded for training or quality assurance purposes.
5. Copyright, Trademark and Service Mark Notices
All contents of the Website are: Copyright © WMO Marketing LLC, State of Texas. All rights reserved. WhatsMyOffer.com are registered trademarks of WMO Marketing LLC Other product and company names mentioned herein, including the names of Investors and Sellers, may be the trademarks of their respective owners.
Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any service mark or trademark (individually and collectively, “Mark” or “Marks”) displayed on the Website, without the prior written permission of the WMO Marketing LLC or the applicable Mark holder specific for each such use. The Marks may not be used to disparage WMO Marketing LLC, the Investors or Sellers, the applicable third party or the products or services of such parties, nor shall they be used in any manner that may damage any goodwill in the Marks. Use of any Mark as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by WMO Marketing LLC in writing.
The Websites contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Website are copyrighted as a collective work under the United States copyright laws. WMO Marketing LLC owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express written permission of WMO Marketing LLC and the copyright owner. Elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors.
YOUR ACCESS TO, USE OF AND RELIANCE ON OUR SITES AND SERVICES AND CONTENT ACCESSED THROUGH OUR SITES AND SERVICES IS ENTIRELY AT YOUR OWN RISK. OUR SITES AND SERVICES (INCLUDING, WITHOUT LIMITATION, THE WEBSITES, PROGRAMS, SERVICES, FORUMS AND CONTENT ACCESSED THROUGH THE WEBSITES, PROGRAMS, SERVICES AND FORUMS) IS 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 OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, WE ALSO DISCLAIM ALL WARRANTIES FOR OR WITH RESPECT TO: (A) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF OUR SITES AND SERVICES AND CONTENT ACCESSED THROUGH OUR SITES AND SERVICES; (B) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES; AND/OR (C) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON OUR SITES AND SERVICES OR IN CONTENT).
THESE DISCLAIMERS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.
7. Limitations of Liability
WE AND OUR REPRESENTATIVES WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND 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 REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES; ANY INABILITY TO ACCESS OR USE OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES, OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES. NOTHING IN THESE TERMS WILL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER.
THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON OUR SITES AND SERVICES AND LINKS IN CONTENT ACCESSED THROUGH OUR SITES AND SERVICES).
IN NO EVENT WILL OUR OR OUR REPRESENTATIVES LIABILITY IN CONNECTION WITH ACCESS TO, USE OF OR RELIANCE ON OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES BY YOU EXCEED THE AMOUNTS PAID BY YOU TO US, IF ANY. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR FIVE HUNDRED DOLLARS ($500.00), WHICHEVER IS LESS. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID PROVIDER ANY AMOUNTS IN THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE IS TO STOP USING OUR SITES AND SERVICES AND TO CANCEL YOUR ACCOUNT, IF ANY.
You hereby release us and each of our representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to our sites and services or content accessed through our sites and services, or any interactions with others arising out of or related to our sites and services or content accessed through our sites and services, and you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
As a condition of use of the Websites and/or WMO Marketing LLC's Services, you agree to indemnify WMO Marketing LLC from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of the Websites, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement.
At our election, we may seek actual or liquidated damages. In addition to any injunctive relief, you agree to pay to us 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; except you acknowledge that, for certain Terms violations, actual damages would be extremely difficult or impossible to quantify. Consequently, for such Terms violations, you agree to pay liquidated damages as may be provided for in these Terms. Furthermore, you agree that the amounts of liquidated damages described therein are reasonable estimates of our damages for such violations, and that liquidated damages for violations of these Terms are and will be cumulative.
10. Injunctive Relief
You acknowledge and agree that any violation or breach of these Terms may cause us immediate and irreparable harm and damages. Consequently, notwithstanding any other provision of these Terms or other applicable legal requirements, we have the right to, and may in our discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of these Terms. In addition to any and all other remedies available to us in law or in equity, we may seek specific performance of any term in these Terms, including but not limited to by preliminary or permanent injunction.
11. Links to Third Party Websites
The website may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. WMO Marketing LLC does not operate or control in any respect any information, software, products or services available on such websites. WMO Marketing LLC's inclusion of a link to a website does not imply any endorsement of the services or the website, its contents, or its sponsoring organization. When you leave the websites please note that WMO Marketing LLC is not responsible for the accuracy or content of the information provided by that website, nor is it liable for any direct or indirect technical or system issues arising out of your access to or use of third party technologies or programs available through that website.
12. Errors and Delays
WMO MARKETING LLC IS NOT RESPONSIBLE FOR ANY ERRORS OR DELAYS IN RESPONDING TO A REQUEST OR REFERRAL FORM CAUSED BY, INCLUDING BUT NOT LIMITED TO, AN INCORRECT EMAIL ADDRESS PROVIDED BY YOU OR OTHER TECHNICAL PROBLEMS BEYOND OUR REASONABLE CONTROL.
13. Dispute Resolution/Arbitration
Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction. 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. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND WMO Marketing LLC 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. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, and the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using WMO Marketing LLC's goods, facilities and services, you consent to these restrictions.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and WMO Marketing LLC, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in the State of Texas. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys' fees.
14. Other Terms
This Agreement (which hereby incorporates by reference any other provisions applicable to use of the Website, including, but not limited to, any supplemental terms governing the use of certain specific material contained in the Website and any operating rules for the Website established by WMO Marketing LLC) constitutes the entire agreement between you and WMO Marketing LLC and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and WMO Marketing LLC with respect to the Website and information, software, products and services associated with it.
This Agreement shall be subject to and construed in accordance with the laws of the State of Texas, excluding its conflict of laws principles. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most 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 of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.