Terms and Conditions

Terms and Conditions

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the https://www.offerstrong.com website (the “Service”) powered/operated by UpRays and 7Pens Network(“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Use

If you wish to use any product or service made available through the Service, you may be asked to supply certain information relevant to your use including, without limitation, name, phone number, address and email. You agree that we may or may not use the information that you provide to our referral partners/brokers. We reserve the right to refuse or cancel your usage if fraud or an unauthorized or illegal transaction is suspected. We strongly suggest when purchasing a home or making an offer on a property that you consult or hire a licensed real estate broker, agent, attorney and or appraiser.

As a result of using the Site, we may collect usage data from you in accordance with the Privacy Policy and may use such data for internal purposes and for incorporation into our products and services.

Availability, Errors, and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Warranties

You understand and agree that: (a) your use of this Site is at your own risk; (b) the presence of specific data results does not necessarily ensure accuracy of such data and; (c)  availability and accuracy of the results elements varies from town to town and county to county.

Any results provided via the site has not been prepared, evaluated, or reviewed by a licensed, professional appraiser. The results are generated by use of proprietary software and should not be relied upon as an appraisal report.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of us and its licensors. The Service/Technology is patent pending and protected by trademark, and other laws of both the United States. Our technology, trademarks and trade dress may not be used in connection with any product or service without the prior written consent us.

Links to Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by us.

We have no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless us and its licensee and licensors, and their employees, contractors, brokers, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

Your entire liability and your exclusive remedy with respect to any dispute with us (including without limitation your use of the data/materials) is to discontinue your use of the Site.

To the fullest extent allowed by applicable law, you hereby waive, disclaim and release us, any subsidiaries and affiliates, and their respective officers, directors, employees, agents, successors, and assigns, from all claims of any kind (specifically including any and all claims for actual, direct, indirect, incidental, consequential, punitive or exemplary damages, attorneys’ fees and costs, or claims for interest, even if we are advised of the possibility of such damages), related to, in connection with or arising from, directly or indirectly, your access to or your inability to access the Site or the use of any results, material or information contained on or provided through the Site and under this Terms of Use.

Limitation of Liability

In no event shall we, nor its directors, employees, partners, brokers, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

We, our subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

This website is only a tool. It should not be used in place of an appraisal by a licensed professional. If necessary, hire a Licensed Real Estate Broker/Agent or Attorney. The information provided may or may not be useful or result in the purchase of real estate.

The Daily Initial OfferStrong and Daily Final OfferStrong results are NOT intended to replace a market analysis or appraisal and should not to be used as such. Since a signed offer to purchase is a legally binding and enforceable contract, you should consult an attorney or licensed broker/salesperson before signing any documents. Results are generated daily and may or may not be accurate.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Massachusetts, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Acceptance of Terms of Use

By your use of this site, you agree that you have read, understand and agree to abide by this Agreement and the documents it incorporates by reference; you intend to form a legally binding contract by utilizing or viewing this site. A printout of this Agreement and the documents it incorporates by reference will constitute a “writing” under any applicable law or regulation.

WHEN YOU SUBMIT AN ONLINE APPLICATION/FORM TO “GET INSTANT RESULTS” FOR OUR SERVICES, YOU ARE THEREBY PROVIDING EXPRESS WRITTEN CONSENT TO RECEIVE AUTOMATED MESSAGES CONTAINING REAL ESTATE INFORMATION AND ADVERTISEMENTS COMMUNICATED VIA EMAIL, LANDLINE PHONE, CELL PHONE, TEXT MESSAGE, AND FAX ABOUT THOSE SERVICES PROVIDED BY US AND OR ITS AFFILIATES. You also agree to the following: IN NO EVENT SHALL WE OR OUR AFFILIATES/REFERRAL PARTNERS or BROKERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.

We shall give you the opportunity to opt-out of all such communications. Clear directions for opting out of receiving automated communications shall accompany all messages we send you.

By submitting the form How much should I offer?, you accept the Terms and Conditions and are consenting to receive emails and communication from our affiliates, referral partners, brokers and or agents. You can revoke your consent to receive emails at any time by using the unsubscribe link. We are a lead generation real estate website.

Contacting Us

If you have any questions about these Terms, please contact us at:

info@offerstrong.com