Terms Of Service

1. IMPORTANT INFORMATION ABOUT THE WEBSITE

THE INFORMATION WE PROVIDE IN CONNECTION WITH AN OFFER, OR OTHERWISE IN CONNECTION WITH YOUR USE OF THIS WEBSITE IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL LEGAL, FINANCIAL, TAX, OR REAL ESTATE ADVICE. YOU SHOULD ALWAYS CONSULT PROFESSIONAL ADVISORS BEFORE MAKING REAL ESTATE DECISIONS.

UNLESS OTHERWISE SET FORTH IN A WRITTEN DOCUMENT SIGNED BY easy2ownhomes, easy2ownhomes IS ACTING AS A PRINCIPAL ON ITS OWN BEHALF AS A POTENTIAL BUYER. IT IS REPRESENTING ITS OWN INTERESTS AND DOES NOT REPRESENT YOU IN ANY SALE TRANSACTION. easy2ownhomes IS NOT PROVIDING ANY LEGAL, FINANCIAL OR REAL ESTATE ADVICE TO YOU. ALL INFORMATION PROVIDED ON OR THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE ESTIMATED VALUE OF YOUR PROPERTY, IS FOR CONVENIENCE ONLY AND WITHOUT EXPRESS OR IMPLIED WARRANTY AS TO ITS ACCURACY OR VALIDITY. RELIANCE ON SUCH INFORMATION TO ENTER INTO ANY REAL ESTATE TRANSACTION IS SOLELY AT YOUR OWN RISK. WE RECOMMEND THAT YOU CONSULT RELIABLE, INDEPENDENT INFORMATION SOURCES TO PROVIDE YOU INFORMATION ON WHICH TO RELY. IF YOU HAVE ANY QUESTIONS IN THIS REGARD, YOU SHOULD CONSULT YOUR LEGAL OR OTHER PROFESSIONAL ADVISORS.

For purposes of these Terms of Use (“TOU”), the terms “easy2ownhomes,” “we” and “us” refer to easy2ownhomes, LLC, and “Website” refers to the website currently located at www.easy2ownhomes.com, and any and all other websites owned or operated by easy2ownhomes, through which you have access to request an offer and/or conduct a real estate transaction with easy2ownhomes, including all features, functionality, tools and content of those websites.

2. ABOUT THE TERMS

2.1 Website Rules, Offer Terms and PSA

Your access to and use of the Website and conduct of any transaction(s) with easy2ownhomes is governed by the terms and conditions of these TOU, our Privacy Policy, currently located at www.easy2ownhomes.com/Privacy-Policy (as described in more detail in Section 10 below), any and all other policies and rules referenced herein, posted on the Website, or otherwise communicated to users (the “Website Rules”).

If you request and receive an offer, that offer may be subject to certain terms and conditions (the “Offer Terms”). Further, if you accept an offer, you will be asked to agree to a purchase agreement (the “PSA”), which, once executed by the parties, will govern the sale of your house. The terms of the PSA may be subsequently amended to include differing or supplemental terms (the “Supplemental Terms”). If you choose to accept the Offer Terms and PSA (as amended by any Supplemental Terms), they will be incorporated and deemed part of these TOU. In the event of a conflict between these TOU and any Offer Terms, and PSA (as amended by any Supplemental Terms), the PSA will govern and control.

PLEASE READ THESE TOU, OUR PRIVACY POLICY, WEBSITE RULES, OFFER TERMS, THE PSA AND ANY SUPPLEMENTAL TERMS (COLLECTIVELY, THE “TERMS”) CAREFULLY AND BE SURE YOU UNDERSTAND THEM BEFORE YOU ACCEPT, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS, AND REMEDIES IN CONNECTION WITH YOUR USE OF THE WEBSITE AND THE CONDUCT OF ANY TRANSACTION(S). IF YOU DO NOT UNDERSTAND ANY PART OF THESE TERMS, YOU SHOULD SEEK LEGAL ADVICE. THE TERMS INCLUDE, BUT ARE NOT LIMITED TO:

• YOUR OBLIGATION TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS;
• LIMITATIONS OF OUR LIABILITY TO YOU; AND
• A REQUIREMENT THAT YOU PURSUE CLAIMS OR SEEK RELIEF AGAINST US (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, RATHER THAN AS A PARTICIPANT IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

IF YOU HAVE ANY QUESTIONS REGARDING TERMS, YOU SHOULD CONSULT YOUR LEGAL OR OTHER PROFESSIONAL ADVISORS.

If you are accepting or agreeing to the Terms on behalf of another person or on behalf of any company or other legal entity, you represent and warrant that you have the authority to act on behalf of and bind that person or entity to the Terms.

2.2 Amendment of Terms

easy2ownhomes reserves the right, in its sole discretion, to amend our TOU, Website Rules and Privacy Policy, at any time and without prior notice. When we amend the TOU or Privacy Policy, we will update the “Last Updated” date at the top and post the updated version. We may also, at our option, choose to notify you by e-mail or another means. If the modified terms are not acceptable to you, your only recourse is to stop using the Website and refrain from pursuing any further transactions with easy2ownhomes. By continuing to use the Website after we have posted an updated version of the TOU or Privacy Policy or otherwise notified you of an update, you are affirming that you agree to be bound by the amended terms; provided that no such change shall alter or amend any pending PSA which has been agreed to and accepted in writing by both parties. This provision is subject to limitations in the “Dispute Resolution” section below.

No other modification, amendment, supplement of or to the Terms will be binding on easy2ownhomes unless it is in writing and signed by an authorized representative of easy2ownhomes.

2.3 International Users

The Website is operated within the United States and is not intended for use outside of the United States. If you access the Website from a location outside the United States, you do so at your own risk and you are solely responsible for compliance with applicable laws, rules and regulations, including export laws and any regulations and local laws regarding online conduct and content.

3. OFFER & PURCHASE PROCESS

3.1 Offers

You may not request an offer:

• if you are not able to form legally binding contracts (for example, if you are under the age of 18); or
• if you are barred or prohibited from entering into contracts or conducting real estate transactions under the laws of the United States or other applicable jurisdiction.

If you elect to request an offer, you agree to provide complete, accurate and up-to-date information about yourself and your property, and to update that information as necessary to ensure that it remains complete, accurate and up-to-date. Please note that your name, address and other information that you submit when you request an offer may be used and shared with our third party service providers in accordance with our Privacy Policy.

As of the date of these TOU, we are currently buying homes only in the metro areas specified on our website. However, we are under no obligation to make an offer for any property, including any property within those areas.

Once a request for an offer is submitted, we will typically send you an email within 24 hours notifying you of whether we wish to make an offer for your property. If so, the email will contain a link to your online offer. Offers generally expire 48 hours after receipt, regardless of whether or when you open the email. Each offer will identify its actual expiration date. We also reserve the right to revoke any offer at our discretion, prior to it being accepted, by notifying you of the revocation by an e-mail which shall be deemed delivered at the time sent by easy2ownhomes to your e-mail address. Once an offer expires or is revoked, you will not be able to accept the offer.

3.2 Purchase Price, Credits, Costs and Fees

If we elect to make an offer for your property, the offer will identify the purchase price that we are willing to pay and the credits that will be deducted from that price at closing, as set forth in the offer.

Please note that we determine the offer price and credits by analyzing various data sources, including information provided by you. We reserve the right to change the price and/or credits if we discover that the condition of the house is not consistent with your description, or that the information provided by you is otherwise incomplete or inaccurate. Any such change will require your approval, but if you disapprove, easy2ownhomes may terminate the PSA.

easy2ownhomes makes no representations or warranties that the purchase price we offer will equal or exceed the fair market value or the price you would obtain by listing your house with a real estate agent. Also, while we attempt to keep our credits as close to the same percentages as you would typically pay at closing during a traditional real estate transaction, we make no representations or warranties regarding credits, including how our credits will compare to credits at a traditional closing.

3.3 Closing Costs, Taxes and Fees

You will be responsible to pay any title search, title insurance and escrow fees, and any other additional closing costs, in a manner customary in the county where the property is located, as determined by the escrow company or closing attorney, as applicable. Examples of such costs include (but are not limited to) loan payoff costs, transfer taxes, recording fees, attorney fees, liens or judgments against your property, prorated homeowner association dues and/or property taxes due through the closing date. In addition, if you have an existing listing agreement with a real estate agent, you will be responsible for determining any amount due to your agent and deducting their commission from your net proceeds after you close. easy2ownhomes does not pay or accept commissions unless it has explicitly agreed to do so in writing prior to your acceptance of the PSA, and only when it is acting as a real estate broker in the sale and for whom it is acting as an agent in the transaction.

3.4 Purchase Agreement

Once you have reviewed and accepted the terms of the offer, you will be directed to a web page (the “Offer Acceptance Page”) where you will be required to select the day you would like to close and move. Your closing date can be anywhere from 8 to 60 business days after your acceptance of the offer, subject to easy2ownhomes’s approval and availability. You can elect to move up to 3 days after the closing date, subject to payment of a security deposit, also subject to easy2ownhomes’s approval and availability. After you have selected closing and moving dates on the Offer Acceptance Page, you will receive your PSA via e-mail within approximately 24-hours. The e-mail will come from either DocuSign or HelloSign, third-party electronic signature technology providers, on behalf of easy2ownhomes. To be clear, the offer does not constitute the PSA or contain all of terms and conditions of the sale. You must accept the PSA in order to proceed with the sale.

After you have reviewed and accepted the terms of the PSA in the manner directed in the e-mail, easy2ownhomes will deposit the earnest money as more fully set forth in the Terms of the PSA. The escrow agent or closing attorney, as applicable, will then send you a receipt confirming the deposit, and we will contact you to schedule your home inspection.

We reserve the right to terminate the PSA during the inspection period set forth below in our sole discretion for any discoveries made during the inspection period including, but not limited to, the condition of the house being inconsistent with your description, the information provided by you being otherwise inaccurate, or any other material adverse conditions or circumstances related to the property that we may discover.

3.5 Inspection

The inspection period begins the day after the contract has been signed by both parties and continues for the period set forth in the PSA, unless otherwise agreed in writing by the parties.

The inspection will be conducted by a third party inspector engaged by easy2ownhomes. You must be home during the inspection, which typically takes less than 2 hours.

During the inspection period, easy2ownhomes may provide to you the list of items easy2ownhomes determines require repair and you will have the option, within the period set forth in the PSA, to elect to (1) have the items on the list repaired prior to closing (2) provide easy2ownhomes an additional credit against the purchase price (based on easy2ownhomes’s estimate of the cost to repair the identified items) or (3) decline to make any requested repairs or issue a credit. easy2ownhomes can then choose to cancel the contract or may determine that it still wants to move forward with the purchase of the home. If easy2ownhomes elects to cancel the contract due to the condition of the property or the seller’s refusal to make necessary repairs or provide a sufficient credit, there is no penalty to either party, and easy2ownhomes will be entitled to a refund of its earnest money deposit.

If you elect to have the items repaired, all repairs must be made by a licensed contractor and all items must be brought into compliance with applicable building codes. You will be required to provide proof of the completion of the work, including the contractors’ name(s) and license number(s), before and after pictures, and receipts. Repairs must also be approved by easy2ownhomes during the final walk-through. Additionally, in some circumstances, the repairs required on a home may be significant and require substantial funds to complete or special expertise to manage. In these cases, rather than add unnecessary stress to our customers, we will offer the option of a credit only.

Whether you elect to have the items repaired or to provide easy2ownhomes a credit for their repair, you will be required to sign a repair credit addendum to the purchase agreement. Depending on the option that you have elected, the addendum will list the required repairs (and may provide certain additional detail, as necessary), or the credit to be provided.

3.6 Walk-Through

One or 2 days prior to the closing date, easy2ownhomes will conduct a final walk-through to verify that the required repairs have been adequately made, and that the property is otherwise still in the same condition it was during the inspection. If the walk-through reveals that required repairs have not been adequately completed or the property is not otherwise still in the same condition it was during the inspection, easy2ownhomes may, at its discretion, require additional repairs, delay the closing, adjust the purchase price, or cancel the contract.

3.7 Closing

Closing will be scheduled for the date that you selected when you accepted our offer. If you subsequently need to change to your closing date, you must notify us in writing as soon as reasonably possible. We will accommodate change requests, when reasonably practicable to do so as determined by us in our sole discretion. You will receive a check for the purchase price (less any agreed upon credits and any applicable fees) at closing.

3.8 Moving Out

You are responsible to leave the property in the same condition it was in during the walk-through. You are also required, as a general rule, to leave any built-in appliances and other fixtures (items that are attached in some way to the property) unless otherwise agreed in writing. These include (but are not limited to) your dishwasher, built-in microwave, stove, oven, cooktops, ice machines, trash compactors, water softeners, built-in refrigerator, R/O systems, window treatments, central vacuum and central vacuum hoses, garage door openers and remotes, pool equipment, built-in BBQ’s, built-in fire pits, ceiling fans, light fixtures (including, but not limited to, chandeliers), pool fencing, pool cleaning systems, exterior landscape lighting and surround sound speakers.

Depending on the location of your property, there may be some appliances that you are entitled to take when you move. For example, as of the date of these TOU, you are entitled to take the follow appliances in the following states: in Florida, the washer and dryer; in Arizona, Utah and Nevada, the washer, dryer and refrigerator. YOU SHOULD CONSULT YOUR LEGAL OR OTHER PROFESSIONAL ADVISORS TO ENSURE THAT YOU HAVE A CURRENT AND COMPLETE LIST.

You will be responsible for the cost to repair any damage caused after the walk-through and replace any appliances and other fixtures that you are not entitled to take.

4. Consent to be Contacted; Notices; Text Messages

By providing your telephone number , you expressly consent to receiving autodialed and prerecorded informational and service calls and text messages from us at that number. Standard message and data rates apply. You can revoke consent and opt out of receiving calls or text messages at any time by replying “STOP” to the sender. You can also get help by calling customer support at 1-844-388-4539. You represent and warrant that you are the authorized subscriber for the telephone number(s) you have provided.  Telephone calls and messages may be monitored and recorded for quality assurance and training purposes.

If you provide, or have provided, an email or mail address to us, you agree that we may provide notices to us through such means. Unless otherwise stated in the notices, the notices will become effective immediately.

4.1 Authority

By providing a mobile telephone number and requesting to receive communications via text message, you represent that you have the necessary authority to allow easy2ownhomes to collect and use the number identified. You agree that you will be solely liable for any violation of the terms of this Section 4.1, will defend easy2ownhomes in any legal action arising out of or related to a breach of these representations, and will indemnify easy2ownhomes against any and all Losses (as defined in Section 8.6 below) resulting from such a breach. You acknowledge that easy2ownhomes retains the right, but not the obligation, to confirm the consent of the owner of the telephone number at any time. In the event that easy2ownhomes is unable to confirm such consent, we may refuse to send text messages to the requested telephone number.

4.2 Third-Party Costs

You acknowledge that data and messaging plans are required in order to receive easy2ownhomes text alerts, and that standard data, messaging and other charges, fees, and taxes from your carrier may apply. You agree that you are solely responsible for such charges, fees and taxes that may result from your receipt of such text alerts, and that easy2ownhomes has no liability for any of these costs.

4.3  SMS Short Code Program

You can text “OFFER” to our short code 64596 to request an offer to purchase your home. The types of messages you can expect to receive through this program include prompts to visit our website, questions about your home, and ways to contact an easy2ownhomes representative. You agree not to use this program for any illegal, unauthorized or fraudulent purposes.

To cancel the SMS service at any time, simply reply “STOP” to 64596.

If you are experiencing issues with the easy2ownhomes SMS program you can text “HELP” to 64569 for more assistance, or you can call 1-844-388-4539.

Calls or text messages for this program may only be sent to mobile numbers, not landlines. Supported mobile carriers include, AT&T, Version Wireless, T-Mobile, Sprint and MetroPCS. Carriers are not liable for delayed or undelivered messages.

Message and data rates may apply for any messages sent to you from us and from us to you. Message frequency varies. If you have any questions about your text plan or data plan, please contact your wireless carrier.

5. USER CONDUCT GUIDELINES

5.1 Users may not:

• access, copy, store or use any aspect of the Website for any purpose other than your own personal use;
• access, search, collect information from, or otherwise interact with the Website or whether by manual methods or by use of any software, device, script or robot, or by any other means (automated or otherwise), including by “scraping,” “crawling” or “spidering” the Website, to systematically retrieve information in order to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like (except that crawling is permissible without further authorization if done in accordance with the provisions of the robots .txt file only);
• access the Website other than through the currently available, published interfaces that are provided by easy2ownhomes, unless you have been specifically authorized to do so in a separate agreement with easy2ownhomes;
• mirror or frame the Website any page, feature, functionality, tool or content of the Website, copy any aspect of the Website, or use or display easy2ownhomes’s name or any of easy2ownhomes’s other trademarks, logos or proprietary materials, without easy2ownhomes’s express written consent;
• interfere with, disrupt, damage or compromise the Website or our systems or the access of any User, host or network in any way, including through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology or by overloading, flooding, spamming, mail-bombing the Website or otherwise imposing an unreasonable or disproportionately large load on the Website;
• access, tamper with or use non-public areas of the Website, easy2ownhomes’s computer systems, or the technical delivery systems of easy2ownhomes’s providers;
• probe, scan, or test the vulnerability of any system or network of easy2ownhomes or its providers, or breach or circumvent any security or authentication measures of such system or network;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by easy2ownhomes or any of easy2ownhomes’s providers or any other third party to protect the Website;
• forge any TCP/IP packet header or any part of the header information in any e-mail or posting, or in any way use the Website to send altered, deceptive or false source-identifying information;
• attempt to decipher, decompile, disassemble or reverse engineer any of the code, software or algorithms used to provide the Website;
• export or re-export the Website, except in compliance with the export control laws and regulations of any relevant jurisdictions;
• otherwise abuse the Website or breach the Terms; or
• attempt to do any of the foregoing, or advocate, encourage, assist or permit any third party to do any of the foregoing.

5.2 Investigations

easy2ownhomes reserves the right to monitor access and use of the Website, and investigate and prosecute violations of any and all reports, complaints and claims, or otherwise suspected misconduct or violations of the law or the Terms to the fullest extent of the law.

6. INTELLECTUAL PROPERTY RIGHTS & LICENSES

6.1 The Website

The Website, including any and all features, functionality, tools and content thereof, is protected by copyright, trademark, patent and other laws of the United States and foreign countries. You acknowledge and agree that the Website, and all intellectual property rights therein are the exclusive property of easy2ownhomes. You agree not to remove, alter or obscure any copyright, trademark, service mark, patent marking, or other proprietary rights notices incorporated in or accompanying the Website.

Subject to your compliance with the Terms, easy2ownhomes grants you a limited non-exclusive, non-transferable, non-assignable and non-sublicensable license to access and use the Website.

You may not use, copy, reproduce, distribute, license, sell, transfer, publish, post, publicly display, publicly perform, transmit, broadcast, adapt, modify, prepare derivative works based upon, or otherwise exploit any features, functionality, tools or content of the Website in any form or by any means, or sublicense the rights granted in the Terms, except as expressly permitted herein, without the prior written permission of easy2ownhomes.

This foregoing license is subject to modification or revocation at any time with reasonable notice at easy2ownhomes’s sole discretion.

No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by easy2ownhomes or its licensors, except for the licenses and rights expressly granted in the Terms. All rights not expressly granted to you by the Terms are hereby reserved.

6.2 Your Photos and Information

By uploading photographs of your house (your “Photos”), you hereby grant easy2ownhomes a non-exclusive, transferable, sublicensable, royalty-free right and license to use, copy, reproduce, process, adapt, modify, distribute, post, broadcast, publicly perform, publish and display your Photos worldwide, in perpetuity, in any and all media, (i) to operate and improve the Website, and (ii) to market, promote, and advertise your house, the Website, and easy2ownhomes, in general.

You agree that this license includes the right for easy2ownhomes to make your Photos available to other companies, organizations and individuals who have a business relationship with easy2ownhomes (“partner”) for syndication, broadcast, distribution and publication on other websites and services. Such additional uses by easy2ownhomes, and by the companies, organizations and individuals who partner with us, will not require the payment of any money or other compensation to you.

You acknowledge and agree that we may reformat, modify or adapt your Photos in order to transmit, display or distribute it and/or as are necessary to conform and adapt to any requirements or limitations of any networks, devices, services or media. You further grant us the right to use, copy, distribute, post, publish and display your city, state and other relevant information about your house in connection with your Photos.

You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to your Photos, and that neither your Photos, nor our use of your Photos (or any portion thereof) on or through the Website or in connection with the rights granted will infringe, misappropriate or violate the rights of any person or entity, including patent, copyright, trademark, trade secret, moral rights, industrial rights, database rights or other proprietary or intellectual property rights, rights of publicity or privacy or data protection or contractual rights, or result in the violation of any applicable law or regulation.

You acknowledge and agree that you are solely responsible for your Photos and information about your house, and for any consequences of the use of your Photos by our third-party partners. You understand that our Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit your Photos for such use, it may subject you to liability. easy2ownhomes will not be responsible or liable for any use of your Photos by easy2ownhomes or any third party in accordance with the Terms.

6.3 Feedback

We welcome and encourage you to provide feedback, comments, ideas and suggestions for improvements, enhancements and modifications to the Website (“Feedback”). You may submit Feedback by e-mailing us, at support@easy2ownhomes.com. You acknowledge and agree that any and all Feedback you give us (i) will be treated as non-confidential, and (ii) will be the sole and exclusive property of easy2ownhomes. Without limiting the foregoing, you acknowledge that your Feedback may be disseminated or used by easy2ownhomes or its affiliates for any purpose whatsoever, including developing, improving and/or marketing products. You hereby irrevocably transfer and assign to easy2ownhomes all of your right, title, and interest in and to all Feedback, including all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback.

You agree to sign and deliver such documents, and otherwise provide such assistance, as may reasonably be required from time to time to perfect easy2ownhomes’s rights in such improvements, enhancements and modifications.

7. NO ENDORSEMENTS

The Website may provide links to third-party websites, resources or services. You acknowledge and agree that easy2ownhomes is not responsible or liable for (i) the availability, terms or practices of such websites, resources or services, or (ii) the content, products or services available on or through such websites, resources or services, including that any information provided is complete, accurate or up-to-date. Links to such websites, resources or services do not imply any endorsement by easy2ownhomes of such websites, resources or services or the content, products or services available on or through such websites, resources or services. You acknowledge that you have sole responsibility for and assume all risk arising from your use of any such websites, resources or services or the content, products or services available on or through such websites or services.

We will not be responsible or liable for any damage or harm resulting from your interactions with such websites or services, or the content, products or services available on or through such websites or services.

8. WARRANTIES, DISCLAIMERS, LIMITATION OF LIABILITY & INDEMNIFICATION

8.1 Warranties by Users

You represent and warrant to easy2ownhomes that:

• you have the power and authority to accept and agree to the Terms,
• you have the right to provide the information that you provide to easy2ownhomes and to grant the rights and licenses granted,
• the exercise by easy2ownhomes of the rights granted by you will not cause easy2ownhomes to violate any applicable laws, rules or regulations, to infringe the rights of any third party, and
• all information provided by you will be complete, accurate and up-to-date when provided, and updated by you as necessary to ensure that it remains complete, accurate and up-to-date.

8.2 Disclaimers

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, easy2ownhomes EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE OR RIGHTFUL CLAIM, WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE WEBSITE, OR THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY WEBSITE CONTENT.

8.3 Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW:

• INFORMATION PROVIDED ON OR THROUGH THIS WEBSITE DOES NOT CONSTITUTE LEGAL, FINANCIAL, TAX, OR REAL ESTATE ADVICE, NOR IS IT INTENDED TO REPLACE THE NECESSITY OF CONSULTATION WITH YOUR LEGAL OR OTHER PROFESSIONAL ADVISORS.
• THE ENTIRE RISK ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE AND ANY TRANSACTION CONDUCTED BETWEEN YOU AND easy2ownhomes IS AND REMAINS WITH YOU.
• YOU HEREBY RELEASE easy2ownhomes FROM AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGES CAUSED BY ANY OF THE FOREGOING.
• IN NO EVENT WILL easy2ownhomes BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR DAMAGES FOR LOST REVENUES OR PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH ANY OF THE FOREGOING, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT easy2ownhomes HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, UNLESS SUCH DAMAGE IS CAUSED BY easy2ownhomes’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
• IN THE CASE OF THE UNITED STATES, CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH IN THIS SECTION 8, SO THESE LIMITATIONS AND EXCLUSIONS APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. IN THE EVENT THAT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, easy2ownhomes’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL OF THE FOREGOING, SHALL BE LIMITED TO ONE THOUSAND U.S. DOLLARS (US$1000).

8.4 Basis of the Bargain

YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN easy2ownhomes AND YOU, AND WILL SURVIVE AND APPLY EVEN IF YOUR REMEDIES ARE FOUND OR ALLEGED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.

8.5 Exclusions

NOTHING IN THE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE FROM DEATH OR PERSONAL INJURY. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN THIS SECTION 8 THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW.

8.6 Indemnification

To the maximum extent not prohibited by applicable law, you agree to release, indemnify, and hold easy2ownhomes, its parent, subsidiaries, affiliates, licensors and service providers, and its and their officers, directors, shareholders, agents, employees and representatives, harmless from and against any claims, liabilities, damages, losses, costs and expenses, including, any bodily injury, illness, death or damage to any real or personal property, or any other injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind, and including reasonable legal fees and litigation expenses and costs (“Losses”) arising out of or relating to or in any way connected with (i) your access to or use of the Website, including any and all features, functionality, tools, content and promotions available on and through the Website, (ii) your breach of the Terms, including any violation of federal, state or local or other applicable laws, rules or regulations or any infringement or misappropriation of the rights of any third party, and (iii) your negligence, gross negligence or willful misconduct.

8.7 Obligation to Defend

You agree that, at easy2ownhomes’s option, you will conduct the defense of any such claim or action; provided that, notwithstanding our election that you conduct the defense, (i) easy2ownhomes may nevertheless participate in such defense or settlement negotiations and pay its own costs associated therewith, and (ii) you will not enter into any settlement or other compromise without the prior written approval of easy2ownhomes (which approval shall not be unreasonably withheld), unless such settlement or other compromise includes a full and unconditional release of the relevant parties from all liabilities and other obligations in respect of such claim or action.

8.8 No Implied Indemnity

No person or entity shall be entitled to any form of equitable or implied indemnification at any time, except as provided by the Terms.

9. GOVERNING LAW & DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND easy2ownhomes HAVE AGAINST EACH OTHER ARE RESOLVED.

9.1 Governing Law

The Terms shall be governed by and interpreted in accordance with the laws of the State of Arizona without regard to conflict of law principles.

9.2 Arbitration and Class Action Waiver

All disputes, claims, controversies and matters arising out of or relating to or in connection with these TOU or the breach, termination, enforcement, interpretation or validity hereof, or to the use of the Website, including any Website (collectively, “Disputes”) shall be exclusively settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (“AAA Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in Phoenix, AZ, USA before a single neutral arbitrator appointed in accordance with the AAA Rules and shall be conducted in the English language. You acknowledge that by agreeing to arbitration as the exclusive forum for the resolution of all Disputes, you are waiving the right to a trial by jury.

All arbitrations shall be conducted and resolved on an individual basis and not a class-wide, multiple plaintiff or similar basis. No arbitration shall be consolidated with any other arbitration proceeding involving any other person or entity.

9.3 Jurisdiction and Venue

In the event that arbitration is not available, you and easy2ownhomes agree that any and all Disputes will be brought in the federal or state courts located in Phoenix, Arizona, and each agrees that such courts shall have exclusive jurisdiction and venue for any such actions. Further, either party may also seek injunctive or other equitable relief for breach of the Terms in any court of competent jurisdiction wherever located. Each party consents to the jurisdiction of and venue in such courts and waives any objection as to inconvenient forum.

9.4 Fees and Costs

The prevailing party in any suit, action or proceeding, including any arbitration proceeding, will be entitled to recover its reasonable legal fees and costs and expenses from the other party.

9.5 Future Amendments to this Section

In the event that we amend this “Governing Law & Dispute Resolution” section (other than an amendment to any notice address or site link provided herein) in the future, the amendment will not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the amendment. However, the amendment will apply to all other disputes or claims governed by this section that have arisen or may arise between you and easy2ownhomes. We will notify you of amendments to this section by posting the amended Terms on www.easy2ownhomes.com/terms-of-service. If you do not agree to the amended terms, you may close your account within 30 days and you will not be bound by the amended dispute resolution terms. If you do not have an account (or once you have closed your account, if applicable), you must cease using the Website immediately. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and easy2ownhomes in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted the Terms (or accepted any subsequent changes to the Terms).

10. MISCELLANEOUS

10.1 Privacy

Our collection and use of information about users is governed by our Privacy Policy. By accessing and using the Website, you consent to the collection and use of this information, including the transfer of this information outside of the United States, including to and/or from the European Union and/or other countries, for storage, processing and use by easy2ownhomes. As part of providing you the Website, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Website which you may not be able to opt-out from receiving. However, you will have the option to opt-out from receiving any non-essential communications, such as promotional emails or texts messages. Consent to receiving promotional messages is not required for receiving goods or services from easy2ownhomes. . Your subscriber information and opt-in data for calls or texts will not be shared.

10.2 Entire Agreement

The Terms, including these TOU, our Privacy Policy, the Offer Terms, PSA (as amended by any Supplemental Terms) and Website Rules, constitute the entire and exclusive understanding and agreement between you and easy2ownhomes regarding your access to and use of the Website, and supersede and replace any and all prior or contemporaneous oral or written representations, understandings or agreements between you and easy2ownhomes and regarding the subject matter hereof. You acknowledge and agree that you have not relied on any representations or warranties whatsoever, express, implied, at common law, statutory or otherwise, except for the representations or warranties expressly set forth in the Terms.

10.3 Assignment

You may not assign, transfer, delegate or sublicense any of your rights or obligations under the Terms, including by operation of law or merger or consolidation, without our express prior written consent, which may be granted or withheld in our sole discretion. Any attempted assignment, transfer, delegation or sublicense without the foregoing consent will be null and void. easy2ownhomes may assign, transfer, delegate and/or sublicense our rights and obligations under the Terms, in whole or in part, in its sole discretion, without restriction.

Subject to the foregoing, the Terms will bind and inure to the benefit of the parties, their successors and assigns.

10.4 No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these TOU.

10.5 Survival of Terms

Any provisions of the Terms that contemplate performance or observance subsequent to the expiration or termination of this Agreement shall survive such expiration or termination.

10.6 Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to the Terms, will be in writing and given by easy2ownhomes (i) via e-mail (in each case to the address that you provide), or (ii) by posting to the Website. For notices made by e-mail, the date on which such notice is transmitted will be deemed the date of receipt.

10.7 Waiver

Our failure to exercise any right or enforce any obligation under the Terms or to take action with respect to a breach by you or others will not constitute a waiver of such right, obligation or breach. The waiver of any right, obligation or breach will be effective only if in writing and signed by a duly authorized representative of easy2ownhomes. In addition, no waiver granted in any instance shall constitute a waiver in any other instance.

10.8 Remedies

Except as expressly set forth in the Terms, the exercise by either party of any of its remedies under the Terms will be without prejudice to its other remedies available under contract, at law, in equity or otherwise.

10.9 Severability

Except as otherwise provided in the Terms, if an arbitrator or a court of competent jurisdiction finds any provision of the Terms to be invalid, void or unenforceable, in whole or in part, for any reason, the offending provision will be enforced to the maximum extent permissible and will not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect.

10.10 Headings

The headings in the Terms are for reference purposes only and do not limit or otherwise affect the meaning or interpretation of any of the provisions hereof.

10.11 Third Party Beneficiaries

Except as otherwise expressly set forth herein, the Terms do not and are not intended to confer any rights or remedies upon any person other than the parties hereto.

10.12 Construction

In the Terms, unless the context requires otherwise: (i) “herein,” “hereof,” “hereunder,” “hereto,” and similar terms refer to the Terms collectively and as a whole, and not merely to the specific section, paragraph or clause in which the term appears, (ii) “or” connotes any combination of all or any of the items listed, and (iii) “including” (and any of its derivative forms) means “including but not limited to.”