TERMS AND CONDITIONS OF USE

Welcome to OfferAsurance.com, a web based, real estate transaction platform located at www.OfferAssurance.com. Please read the following terms and conditions of use carefully before using this platform so that you are fully aware of your legal rights and obligations with respect to the solutions offered by OfferAssurance.com and/or its affiliates, subsidiaries, and/or parent companies (individually and collectively, "OfferAssurance.com” and/or the “Site”). If you do not agree to the Terms and Conditions of Use, do not register properties on, submit offers to purchase properties via, submit information to, or access any information from, OfferAssurance.com.
Any real estate agent, seller, asset manager, and/or broker that uses the services provided by OfferAsurance.com (hereinafter referred to as “User”) shall adhere to the following terms and conditions. If these terms and conditions are not adhered to by User, OfferAssurance.com, in its sole and absolute discretion, may revoke the privileges of User on the platform. By using the services provided by OfferAssurance.com, which includes any software, applications or other functionality contained or offered through the Site, you signify your irrevocable acceptance of the terms and conditions of use described herein.

1. General Terms and Conditions:

All Users hereby agree to the following terms and conditions governing use of OfferAssurance.com.

• All properties registered on OfferAssurance.com shall be located in the state(s) in which the agent registering the property is actively licensed.
• Users hereby acknowledge and agree that OfferAssurance.com is a transaction vehicle only and that no agency relationship is created between OfferAssurance.com and User.
• Users acknowledge and agree that OfferAssurance.com does not provide any warranty or guarantee, express or implied, as to its ability to obtain (i) an offer (at any price) for any property registered on OfferAssurance.com, (ii) a response to an offer from a seller or agent, or (ii) the acceptance of an offer to purchase by a seller or agent.
• Users agree that all events are public in nature, unless otherwise denoted by the property information.
• Users hereby acknowledge and agree that OfferAssurance.com reserves the right, in its sole and absolute discretion, to reject, eliminate, or restrict any User from using the services offered by OfferAssurance.com.
• Users hereby acknowledge and agree that OfferAssurance.com reserves the right, in its sole and absolute discretion, to reject, eliminate, or restrict any property from registration on OfferAssurance.com.
• Upon the expiration of the applicable listing agreement, or the closing of the subject transaction, the LA will remove, or cause the removal of, the property from OfferAssurance.com.
• User’s use of the services provided by OfferAssurance.com constitutes User’s representation and warranty that User has explicit authorization to register, and submit and receive offers on registered property, and to be bound by the terms and conditions set herein.

2. Standards of Conduct

All Users agree to conduct itself with honesty and integrity as all times. All Users agree not to engage, or cause the engagement, of any activity on the Site with the intent to artificially influence property values and/ or the offer submission process. In the event it is determined or suspected by OfferAssurance.com that (i) User has conducted itself in a manner inconsistent with the requirements of this provision, (ii) User has committed or engaged in fraud or fraudulent activities relating to transactions on OfferAssurance.com., or (iii) User’s representations, warranties or promises are inaccurate or in breach, OfferAssurance.com may revoke any and all existing privileges extended to User and User’s client, including removing any currently registered properties from the Site. Users of the Site hereby agree that OfferAssurance.com may terminate or suspend his/her account and without recourse if it is determined or suspected by OfferAssurance.com (at any time) that User breached this standard of conduct.

3. User Eligibility

OfferAssurance.com services are available only to individuals who can form legally binding contracts under applicable law. The services provided by OfferAssurance.com' are not available to minors or to previously suspended Users of the Site. If User registers as a business entity, User represents and warrants that User has the requisite authority to bind the entity to the terms and conditions set forth herein, and other real estate related agreements.

4. Use of Site

The information and services offered by OfferAssurance.com do not constitute real estate, legal, tax, accounting or other professional advice. BY USING OFFERASSURANCE.COM, USER IRREVOCABLY ACKNOWLEDGE AND AGREE THAT OFFERASSURANCE.COM MERELY PROVIDES TECHNOLOGICAL TOOLS THAT USERS MAY USE TO CONDUCT REAL ESTATE TRANSACTIONS. OFFERASSURANCE.COM IS NOT A PARTY TO, AND IS NOT INVOLVED IN, THE ACTUAL TRANSACTION(S) BETWEEN BUYERS, AGENTS, BROKERS, LENDERS, SELLERS AND ANY OTHER PARTY. OFFERASSURANCE.COM IS NOT THE AGENT OF, NOR HAS ANY AUTHORITY TO ACT ON BEHALF OF ANY OF THE AFOREMENTIONED PARTIES, OR ANY OTHER THIRD PARTY, FOR ANY PURPOSE WHATSOEVER. AT NO TIME AND IN NO EVENT SHALL OFFERASSURANCE.COM BECOME INVOLVED IN ANY DISPUTE OR TRANSACTION BETWEEN THE AFOREMENTIONED PARTIES OR HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION THEREWITH, INCLUDING, BUT NOT LIMITED TO, GUARANTEEING ANY PAYMENT THAT MAY COME DUE AS A RESULT OF ANY TRANSACTION OR AGREEMENT BETWEEN THE AFOREMENTIONED PARTIES.
The Site constitutes the proprietary, copyrighted work of OfferAssurance.com. Access to and use of the Site is expressly governed by this Terms and Conditions of Use. User may not decompile, reverse engineer or otherwise attempt to discover the source code of any element of the Site. Users agree not to take any action to jeopardize, limit or interfere with OfferAssurance.com's ownership of, and rights with respect to the Site, and it’s content. Users also agree not to implement or otherwise use automation tools to connect to, modify, or monitor site contents. OfferAssurance.com reserves the right to take any legal action it deems appropriate in its sole discretion should it reasonably believe there has been a violation of these provisions, including, but not limited to, refusing User access to the Site and/or termination of Users’ registration.

5. Disclaimers

ANY AND ALL ELEMENTS OF THIS SITE ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY OFFERASSURANCE.COM OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THIS SITE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, OFFERASSURANCE.COM DOES NOT WARRANT THAT THIS SITE AND THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS. USERS ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THIS SITE REMAINS WITH USER TO THE MAXIMUM EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

6. Limitation of Liability

IN NO EVENT SHALL OFFERASSURANCE.COM BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE, INCLUDING ANY DAMAGES RESULTING THEREFROM, EVEN IF OFFERASSURANCE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USERS ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THIS SITE IS TO DISCONTINUE ANY USE OF THIS SITE.

7. Indemnity

Users agree to indemnify and hold OfferAssurance.com, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) User access to or use of the Site, (ii) User violation or breach of any term of this Terms and Conditions of Use or any policy or guidelines referenced herein , (iii) User use or misuse of this Site or its content, or any other element of the Site, or (iv) the infringement by User, or any third party using User’s account, of any intellectual property or other right of any person or entity. OfferAssurance.com reserves the right, at User’s expense, to assume the exclusive defense and control of any matter for which User is required to indemnify OfferAssurance.com and User agree to cooperate with our defense of these claims. Users further agree not to settle any matter without the prior written consent of OfferAssurance.com. OfferAssurance.com will use reasonable efforts to notify User of any such claim, action or proceeding upon becoming aware of it.

8. Governing Law and Jurisdiction

OfferAssurance.com is operated and controlled from its offices located within the state of Michigan (USA). It is not intended for use by any person outside of the United States. By accessing and using the services offered by OfferAssurance.com, Users agree that all matters relating to its use of OfferAssurance.com will be governed by Michigan law. This terms and conditions set forth herein shall be governed by, and construed in accordance with, the laws of the State of Michigan without regard to its conflict of law rules. Any legal proceeding arising out or relating to the terms and conditions set forth herein, or relating to the services provided by OfferAssurance.com, shall be subject to the exclusive jurisdiction of any state or federal court sitting in Detroit, Michigan, and User irrevocably consents to the jurisdiction of such courts.

9. Modification of Terms and Condition of Service

OfferAssurance.com reserves all rights not expressly granted herein. OfferAssurance.com may, in its sole discretion, modify the Terms and Conditions of Service at any time by posting the revised terms and conditions on this Site. Users of OfferAssurance.com are responsible for reviewing the current Terms and Conditions every time User visits OfferAssurance.com. User’s continued use of this Site shall constitute User’s irrevocable acceptance of such revised Terms and Conditions of Service.

10. Severability

If any provision of the Terms and Conditions of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

11. Trademarks

All trademarks, service marks, logos, trade names, and any other proprietary designations of OfferAssurance.com used herein are trademarks or registered trademarks of OfferAssurance.com. Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective parties.

12. Copyright

All pages and contents within this Site are the property of OfferAssurance.com. User may not reprint or re-publish any portion of the materials on this Site in any form without our prior, express, written permission.

13. Entire Agreement

Use constitutes the final, complete and exclusive agreement with respect to this Site and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.

14. Waiver

The failure of OfferAssurance.com at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing by OfferAssurance.com.
If you have any questions or concerns about this Terms and Conditions of Use or any issues raised in this Terms and Conditions of Use or on the Site, please contact us at info@OfferAssurance.com IF YOU HAVE THOROUGHLY READ EACH OF THE ABOVE RULES AND AGREE TO ABIDE BY THEM FULLY, PLEASE PRESS "I Agree" TO CONTINUE.