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This Terms of Service Agreement (this “Agreement”) is a binding agreement between you and Help Us Help You, Inc. and its affiliated companies (collectively, “Help Us Help You, Inc.,” “we,” “us,” or “our”) providing the terms and conditions for your use of our Services.
By “Services,” we mean all the products and services owned and operated by Help Us Help You, Inc., including the content, features, data, and software made available through www.HelpUsHelpYou.org (the “Web Site”), our mobile applications, and other websites or applications we operate.
Please review this Agreement carefully. By accessing and using our Services, you agree to all the terms and conditions of this Agreement. Please be sure to also review our Privacy Policy, which is incorporated and made a part of this Agreement.
This Agreement contains warranty and liability disclaimers.
We may modify this Agreement from time to time and will post the amended agreement at www.HelpUsHelpYou.org. You will be deemed to have accepted this Agreement as amended if you continue to access our Services after any amendments are posted.
1. General Terms
1.1 Using Our Services
1.1.1 General Requirements
By accessing our Services, you agree to abide by all applicable local, state, national, and international laws and regulations in your use of our Services.
Our Services are intended only for personal, non-commercial use by U.S. residents aged 18 years and over. If you do not qualify, please immediately discontinue use of our Services. We reserve the right to refuse to provide our Services to anyone at any time.
1.1.2 Registered Users
We reserve the right to restrict certain of our Services to registered users. If any of our Services require you to register before our granting you access, you agree to provide accurate, current, and complete account information, including but not limited to your name, address, telephone number, and email address, and to update this information as necessary to keep it accurate, current, and complete.
You may not sell, transfer, or assign your account with us to anyone else. You are responsible for maintaining the confidentiality of your account name and password, and for all activities that occur while logged in under your account. You agree to notify us immediately at help@HelpUsHelpYou.org of any unauthorized use of your account.
1.1.3 License
Help Us Help You, Inc. grants to you a limited, non-exclusive, non-transferable license to access and use our Services following the terms and conditions outlined in this Agreement. Help Us Help You, Inc. reserves all right, title and interest not expressly granted under this license to the fullest extent permitted by law. Any use of our Services not specifically permitted under this Agreement is strictly prohibited.
You agree not to sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void.
1.1.4 Copyrights, Trademarks, and Other Intellectual Property
All content and materials available through our Services, including, but not limited to text, images, audio, video, interfaces, information, data, and computer code, are the property of Help Us Help You, Inc. (collectively, our “Content”).
Our Content, including any content licensed to us by third-party content providers (the “Providers”), is protected by the U.S. and international intellectual property laws and treaties. You are permitted to access our Content only through our Services and you may not copy, modify, sell, reproduce, distribute, republish, display, post, create derivative or collective works from, or transmit in any form our Content, in whole or in part, without our prior written consent, which may be subsequently revoked at our sole discretion. You may not reverse engineer or reverse compile any of our Services or the technology used to operate our Services. Nothing in this Agreement grants you any license or right to use our Content except as expressly stated in this Agreement.
1.1.5 Infringement
You agree that you will not use our Services in any manner that infringes the rights of any third party. If you are a copyright holder and believe your work has been used in our Services in a way that constitutes copyright infringement, please send a notice of infringement under the Digital Millennium Copyright Act (“DMCA”) to:
Help Us Help You, Inc., c/o Legal Team, 3000 S. Hulen Street 124-955, Fort Worth, TX 76109. 817-422-2610
To find out what to include in the notice, click here to read the DMCA.
1.1.6 Other Restrictions
You agree that you will not use our Services to (a) impersonate any person or entity or misrepresent your affiliation with any person or entity; (b) engage in spamming, flooding, harvesting of email addresses or other personal information, spidering, screen scraping, database scraping, or any other activity to obtain lists of users or any other information, including specifically, property listings available through our Services; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the computer code comprising or in any way making up a part of our Services; (d) violate any applicable local, state, national or international law; (e) send chain letters or pyramid schemes via our Services, or (f) attempt to gain unauthorized access to other computer systems through our Services.
You agree that you will not use our Services in any manner that could damage, disable, overburden, or impair our Services or interfere with any other party’s use and enjoyment of our Services.
1.1.7 Submissions
If you submit to us or post through our Services any property listing, testimonial, comment, review, suggestion, or any work of authorship (collectively, a “submission”) including, without limitation, submissions about any of our products or services, such submission will not be confidential or secret and may be used by us in any manner. Please do not submit or send any submission to us that you consider contains confidential or proprietary information. No submission sent to us will be considered or treated as confidential information. We do not pre-screen submissions and we will have no obligation to read any particular submission submitted or sent to us.
By submitting or sending a submission to us, you: (a) represent and warrant that the submission is original to you, that no other party has any rights thereto, and that any moral rights in such submission have been waived, and (b) grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such submission (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name.
1.1.8 Mobile ID and Identity Verification Data
When you use your mobile device to electronically unlock our properties, you authorize your wireless carrier to disclose information about your wireless carrier account, such as subscriber status, payment method, and device details, if available (the “Mobile ID Data”). In addition, when you access the Services through a mobile device to electronically unlock our properties, you may be prompted to share your U.S. driver’s license or state-issued ID data. By sharing such information, you authorize our third-party identity verification service provider to collect the data displayed on and/or encoded in the barcode of your ID by its privacy policy, and you authorize us to receive such information (collectively, the “Verification Information”) from such service provider. As discussed in our Privacy Policy, we only use the Mobile-ID Data and Verification Information for lawful purposes, including identity verification, security, and fraud avoidance.
1.2 Disclaimers
1.2.1 No Warranty
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. HELP US HELP YOU, INC., ON BEHALF OF ITSELF, ITS AFFILIATES, AND THE PROVIDERS, DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE.
1.2.2 Assumption of Risk
YOU USE OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES, AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING ANY COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH OUR SERVICES), OR THE LOSS OF DATA THAT MAY RESULT FROM THE USE OF OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES.
ADDITIONALLY, YOU VISIT HELP US HELP YOU, INC.’S REAL PROPERTY AND SURROUNDING PREMISES (COLLECTIVELY, THE “PREMISES”) AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ANY AND ALL RISK FOR ANY PROPERTY DAMAGE OR LOSS, OR BODILY, MENTAL, OR PERSONAL INJURY, INCLUDING DEATH, RELATING TO OR ARISING FROM VISITING THE PREMISES.
1.2.3 Not a Legal or Professional Advisor
You acknowledge and agree that Help Us Help You, Inc. is not engaged in rendering legal, tax, or other professional services. If a legal tax or other professional assistance is required, including but not limited to the review of agreements and forms made available to you through our Services, the services of a competent professional should be sought.
1.3 Limitation of Liability
In no event shall Help Us Help You, Inc. be held liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses, or expenses arising in connection with your use of our Services or our Content or connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure in any way related to our Services or our Content, including but not limited to the inaccuracy of any reports, tools, analyses, agreements, or forms available through our Services or our Content.
You agree that neither Help Us Help You, Inc., its affiliates, nor any of their respective employees, or Acquisition Managers involved in the creation, production, and distribution of our Services or our Content, is liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from the use or attempted use of our Services or our Content, including but not limited to any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorized access to or alteration of personal records, or the reliance upon or use of data, information, opinions or other materials accessed through our services. Additionally, you agree that Help Us Help You, Inc. is not liable for any defamatory, offensive, or illegal conduct of third parties.
NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, NOTHING IN THIS AGREEMENT SHALL AFFECT WARRANTIES OR LEGAL RIGHTS, INCLUDING BUT NOT LIMITED TO RIGHTS TO DAMAGES, WHICH ARE INCAPABLE OF EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.
1.4 Indemnification
You agree to indemnify, defend, and hold harmless Help Us Help You, Inc., its officers, directors, employees, affiliates, Acquisition Managers, and licensors from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of or in any way related to (i) any violation or alleged violation by you of the terms and conditions of this Agreement or any applicable law; (ii) your access, use, or misuse of our Services or our Content; and/or (iii) any infringement by you of the copyright or intellectual property rights of any third party. You must not settle any such claim or matter without the prior written consent of Help Us Help You, Inc. We reserve the right, at our own expense, to assume the exclusive defense and control of any claim subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.
1.5 Governing Law
This Agreement will be governed by the laws of the state of Texas, without regard to its provisions relating to conflict of laws.
1.6 Enforceability
Our failure to enforce any of our rights or to act concerning a breach by you or others of this Agreement does not constitute a waiver of any rights and will not limit our rights concerning that breach or any subsequent breaches. No waiver by Help Us Help You, Inc. of any of the provisions in this Agreement will be of any force or effect unless made in writing and signed by a duly authorized officer of Help Us Help You, Inc.
If any provision of this Agreement shall be unlawful, void, or for any unenforceable reason, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
We may assign this Agreement, or certain of our rights or obligations under this Agreement, to any party at any time without notice to you. You may not assign your rights or obligations under this Agreement, by operation of law or otherwise, without the prior written consent of Help Us Help You, Inc.
1.7 Consent to be Contacted; Notices
If you provide or have provided, a telephone number to us, you expressly agree that we may contact you at that number to provide you with informational and service messages, including via text message and/or by using automated telephone technology. Standard message and data rates may apply. You can opt-out of text messages by replying “STOP” to the sender. You represent and warrant that you are the authorized subscriber for the telephone number(s) you have provided. Please be aware that we may record or monitor telephone calls for quality assurance.
If you provide or have provided, an email or mail address to us, you agree that we may provide notices to you through such means. Unless otherwise stated in the notices, the notices will become effective immediately.
2. Service-Specific Terms
Certain terms and conditions are specific to certain of our Services. We’ve broken those out below.
2.1 Help Us Help You, Inc. Estimates
A Help Us Help You, Inc. Property Value, Preliminary Offer, Instant Offer, and/or Estimated Offer (each a “Help Us Help You, Inc. Estimate”) is an estimate calculated using publicly available information and Help Us Help You, Inc.’s proprietary valuation model. It typically takes into account hundreds of data sets related to your property and its location.
A Help Us Help You, Inc. Estimate is not an appraisal. It is an invitation for you to get an offer to purchase your property (a “Help Us Help You, Inc. Offer”).
2.2 Selling to Help Us Help You, Inc.
2.2.1 Help Us Help You, Inc. Offers
A Help Us Help You, Inc. Offer is an offer by Help Us Help You, Inc. to purchase a property. You will be eligible to receive a Help Us Help You, Inc. Offer after you provide us with information about your property and (i) you are the owner or represent the owner of the property, (ii) the property is in one of our service areas, (iii) the property meets our current property-buying parameters, which may change from time to time for a given service area under our sole discretion and (iv) we have had an opportunity to assess your property.
A Help Us Help You, Inc. Offer is not an appraisal. It is the purchase price Help Us Help You, Inc. is willing to pay for your property, subject to additional terms, conditions, and fees outlined in the offer.
In making you a Help Us Help You, Inc. Offer, Help Us Help You, Inc. is not acting as your real estate agent or broker. Help Us Help You, Inc. is merely acting as, or 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 Help Us Help You, Inc. Offer.
2.2.2 Service Charge
Your Help Us Help You, Inc. Offer will not include a service charge as we do not charge one. Such service charge is intended to cover the expenses Help Us Help You, Inc. incurs in buying and reselling your property, including holding costs like taxes, utilities, and maintenance. However, again, there is no service charge when Help Us Help You, Inc. Purchases your property.
2.2.3 After You’ve Sold
Please ensure you’ve contacted the U.S. Postal Service to set up address forwarding to your new address effective as of your close date. Also, be sure to update your address anywhere that you regularly order packages from. Once your property sale has closed, we disclaim all liability for any mail or packages delivered to the property.
2.3 Visiting a Help Us Help You, Inc. Property
2.3.1 Authorized Access
By accessing any property owned by Help Us Help You, Inc. (a “Help Us Help You, Inc. Property”), you certify and agree you are entering the property with the express purpose of (1) evaluating the property for potential purchase, or (2) engaged in authorized business with Help Us Help You, Inc. You acknowledge that each access request grants up to 1 hour in the property, unless you have express permission from Help Us Help You, Inc. for extended on-site presence. Help Us Help You, Inc. may revoke permission to access one or more of its properties at any time. If you are asked to leave a Help Us Help You, Inc. Property, you lose permission to go to any future Help Us Help You, Inc. Property unless you receive notification otherwise from Help Us Help You, Inc.
2.3.2 Authorized Activities
By entering a Help Us Help You, Inc. Property, you acknowledge and agree that you will not, and will not assist or enable others, to:
If, in accessing a Help Us Help You, Inc. Property, whether through an authorized method or not, you provide access to any individuals who have not expressly accepted this Agreement, you accept financial responsibility for their behavior including for any breaches by them of Section 2.3 of this Agreement.
By accessing any Help Us Help You, Inc. Property, you accept responsibility for any damage you cause to the Premises and, to the fullest extent permitted by law, any bodily, mental, or personal injury, including death, relating to or arising from accessing or visiting the Premises.
2.4 Buying a Help Us Help You, Inc. Property
2.4.1 As-Is Conveyance
If you contract to purchase a property from Help Us Help You, Inc. (“Seller”), you (“Buyer”) agree to the following additional terms and conditions regarding your purchase of the property (the “Property”). In the event of any conflict with the terms of the Purchase and Sale Contract (“Purchase Contract”) governing the purchase of the Property, the Purchase Contract shall prevail.
The seller has provided the Buyer with an opportunity to inspect the Property via pictures or physically, and strongly encourages the Buyer to seek an inspection on the Property by a licensed inspector, even when properties are sold as-is. Buyer further recognizes Seller has not resided in the Property and has limited knowledge thereof. Accordingly, to the fullest extent permitted by law and under the terms of the Purchase Contract:
BUYER AGREES THAT BUYER IS ACQUIRING THE PROPERTY ON AN “AS IS, AND WITH ALL FAULTS BASIS” WITHOUT REPRESENTATIONS, WARRANTIES, OR COVENANTS OF ANY KIND CONCERNING THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY, THE PRESENCE OF HAZARDOUS SUBSTANCES IN OR NEAR THE PROPERTY, OR EXPENSES ASSOCIATED WITH THE PROPERTY.
BUYER WAIVES ANY IMPLIED WARRANTY AS TO HABITABILITY AND/OR, ANY IMPLIED WARRANTY AS TO THE WORKMANSHIP OF ANY REPAIRS OR MODIFICATIONS PERFORMED ON THE PROPERTY.
BUYER AGREES IT HAS HAD AMPLE OPPORTUNITY TO OBTAIN PROFESSIONAL COUNSEL OF ITS CHOOSING AND IS RELYING SOLELY ON ITS OWN INDEPENDENT JUDGMENT AND THAT OF ITS OWN PROFESSIONAL CONSULTANTS, IF ANY, IN ENTERING INTO THE PURCHASE CONTRACT AND PURCHASING THE PROPERTY.
BUYER WILL CONDUCT SUCH INSPECTIONS OF THE PROPERTY AS BUYER DEEMS NECESSARY AND, IF BUYER ELECTS TO PURCHASE THE PROPERTY, AND AGREES TO ASSUME THE RISK OF ANY ADVERSE CONDITIONS, INCLUDING ADVERSE CONDITIONS THAT MAY NOT HAVE BEEN REVEALED BY SUCH INSPECTIONS.
2.5 Brokerage Representation and Referrals
2.5.1 Help Us Help You, Inc. has no Brokerages and will not get involved with Bird Dogs or broker chains. If you do not own the property that you are trying to sell, then we will not do business with you. You must be the owner of the property that you are selling before we will invest time with you, issue you an offer, and or agree to purchase your home.
If you misrepresent yourself, we will bar you from doing business with us at that time as well as in the future, so be sure that you own the property that you are trying to sell.
2.5.2 Representation of Help Us Help You, Inc.
If you choose to buy a Help Us Help You, Inc. Property or sell your property to Help Us Help You, Inc., a Help Us Help You, Inc. Acquisition Manager or Partnering Manager will represent Help Us Help You, Inc. in the transaction.
2.5.3 Working with a Help Us Help You, Inc. Partnering Manager
If Help Us Help You, Inc. does not buy your home for any reason, we may refer you to one of our Partners and they may purchase your home.
2.5.4 Working with a Help Us Help You, Inc. Acquisition Manager
In certain service areas, you may have the option to be represented by an Acquisition Manager at a Help Us Help You, Inc. Brokerage (a “Help Us Help You, Inc. Acquisition Manager”) in your property purchase or sale. Please note, however, that a Help Us Help You, Inc. Acquisition Manager will not be able to represent you if you sell your property to Help Us Help You, Inc. or purchase a Help Us Help You, Inc. Property, and may not be able to represent you in other types of transactions where a Help Us Help You, Inc. Acquisition Manager is the Acquisition Manager representing another party. In those instances, you remain welcome to work with a Help Us Help You, Inc. Partnering Manager or an agent of your choice.
2.5.5 Help Us Help You, Inc. Tour Assistants
Ineligible markets, at your request, a Tour Assistant will meet you to help facilitate visits to properties (“Tour Assistant”). Before a property tour, you will receive an email with information about your Tour Assistant. Please note that visiting a property with a Tour Assistant does not establish an agency or contractual relationship between you and that Tour Assistant. We always welcome you to seek representation from the agent of your choice.
2.6 Current Help Us Help You, Inc. offers
Please note that, from time to time, we may advertise estimates of what customers can receive according to a given Help Us Help You, Inc. offer. However, the final amounts you will receive, if eligible, will depend on the final price of the property you buy or sell.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY HELP US HELP YOU, INC.
©2023 Help Us Help You, Inc. All rights reserved.
