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Terms of Use

Effective: July 30, 2015

Please be advised that by accessing or using OfferPad.com, you agree to the following terms and conditions. Please read them carefully.

ACCEPTANCE OF TERMS OF USE

Welcome to OfferPad.com. This website is owned and operated by OfferPad, LLC. By visiting our website and accessing the information, services, resources, products and tools we provide at OfferPad.com (collectively, "OfferPad Services"), you agree to accept and adhere to the he following to the following terms and conditions of use set forth in this policy (the “Terms of Use”). If you do not agree to all of the terms and conditions contained herein, do not access or use this website.

PRIVACY

Please review our Privacy Policy, which also governs your use of OfferPad Services, for disclosures relating to the collection and use of your information.

OTHER POLICIES, MODIFICATION, AND SEVERABILITY

When you use any OfferPad Service you may also be subject to the guidelines, terms and agreements applicable to that OfferPad Service ("Service Terms"), if any. If these Terms of Use are inconsistent with the Service Terms, those Service Terms will control.

We reserve the right to make changes to our site, policies, Service Terms, and these Terms of Use at any time by posting the amended terms on this site. All amended terms automatically take effect 30 days after they are initially posted on this site. We encourage you to periodically review these Terms of Use to stay informed. Your continued use of any OfferPad Service after new or amended terms are effective will constitute acknowledgment and acceptance of such new or amended terms.

If any of these terms or conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.

ELECTRONIC COMMUNICATIONS

When you use any OfferPad Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other OfferPad Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

USE AND CONDUCT

You agree to visit, access and use OfferPad Services only for the purposes intended and permitted by (a) these Terms of Use, and (b) applicable law. Subject to your compliance with these Terms of Use and your payment of any applicable fees, OfferPad or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the OfferPad Services.

You understand and agree that:

  1. In order to access OfferPad Services, you may be required to provide certain information about yourself and you agree that any information you so provide will be accurate and up-to-date and you will not impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  2. You will not use or attempt to use another’s account, service, or personal information.
  3. You will not post or transmit any personally identifiable information about persons under 13 years of age.
  4. You will not post, use or transmit content that you do not own or that infringes on any third party’s rights for example, content protected under intellectual property, confidentiality, privacy or other applicable laws.
  5. You will not post, use or transmit unsolicited or unauthorized content, including advertising or promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unsolicited or unwelcome solicitation or advertising.
  6. You must access OfferPad Services through the means we provide and you agree not to access or attempt to access OfferPad Services through any automated, unethical or unconventional means or remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of OfferPad Services.
  7. You will not post, use or transmit content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the OfferPad Services, servers or networks.
  8. You will not post or transmit content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, intimidating, harassing, hateful or otherwise discriminatory, false and misleading, incites an illegal act, or is otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations.
  9. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with any OfferPad Services or software, whether in whole or in part, or create any derivative works therefrom.

YOUR ACCOUNT

You are responsible for maintaining the confidentiality of your account and you agree to accept responsibility for all activities that occur under your account. OfferPad Services are not directed to children. If you are under 18, you may use the OfferPad Services only with involvement of a parent or guardian.

REGULATION AND TERMINATION OF USE

OfferPad has the right, but not the obligation, to regulate content, conduct, and to enforce these Terms of Use for any reason and in any manner or by any means that OfferPad, in its sole discretion, deems necessary and appropriate, including, without limitation, the right to refuse service, terminate accounts, remove or edit content, or cancel orders. We may, in our sole discretion, suspend or terminate your access to all or part of our website with or without notice for any reason.

USER GENERATED CONTENT; LICENSE

Unless we indicate otherwise, if you post content or submit material, you grant OfferPad a perpetual, irrevocable, non-exclusive, royalty-free, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify OfferPad for all claims resulting from content you supply. OfferPad has the right but not the obligation to monitor and edit or remove any activity or content. OfferPad takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT/TRADEMARKS

All content and materials included in or made available through any OfferPad Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations are the property of OfferPad or its content suppliers and the intellectual property of OfferPad, and are protected by applicable copyright and trademark law. OfferPad’s trademarks and trade dress may not be used in connection with any product or service that is not OfferPad’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits OfferPad. All other trademarks not owned by OfferPad that appear in any OfferPad Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by OfferPad.

INFRINGEMENT COMPLAINTS

OfferPad respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes infringement, please submit your complaint using our online form. If you prefer to submit a report in writing, please provide us with this information:

  • A description of the work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner or authorized to act on the owner’s behalf.
  • A physical signature of the person authorized to act on behalf of the owner of the copyright interest;

Notice of claims of infringement should be sent to:

OfferPad, LLC
Attn: Legal – Infringement Claims
2212 E. Williams Field Road
Bldg. 11, Ste. 215
Gilbert, Arizona 85295

Please note that this procedure is exclusively for notifying OfferPad that your intellectual property has been infringed.

OTHER BUSINESSES

We may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. OfferPad does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy policies and other Terms of Use.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT YOUR USE OF THE OFFERPAD SERVICES IS AT YOUR SOLE RISK. BY USING OFFERPAD SERVICES, YOU UNDERSTAND AND AGREE THAT ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE OFFERPAD SERVICES ARE PROVIDED BY OFFERPAD ON AN "AS IS" AND "AS AVAILABLE" BASIS. OFFERPAD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE OFFERPAD SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE OFFERPAD SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING.

LIMITATION OF LIABILITY

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, OFFERPAD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OFFERPAD DOES NOT WARRANT THAT THE OFFERPAD SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE OFFERPAD SERVICES, OFFERPAD’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM OFFERPAD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OFFERPAD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY OFFERPAD SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY OFFERPAD SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

EXCLUSIONS AND LIMITATIONS

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.

APPLICABLE LAW

By using any OfferPad Service, you agree that the laws of the state of Arizona, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and OfferPad.

OUR ADDRESS

OfferPad, LLC
2212 E. Williams Field Road
Bldg. 11, Ste. 215
Gilbert, Arizona 85295