Terms of Use - Direct Home Buyers

By using any website, mobile app, or service of The Direct Home Buyer, Inc. (“The Direct Home Buyer”), you agree to be bound by these Terms of Use between you and The Direct Home Buyer, which include the referenced Privacy Policy (“Agreement”). If you do not agree to be bound by this Agreement, you are not authorized to use any Direct Home Buyer website or service.

We know how stressful selling a home can be, especially when life throws curveballs. That’s why we focus on hassle-free transactions that make the process as smooth as possible. Our expert home-buying team has streamlined the selling experience, ensuring a quick and painless property transfer.

Websites

The Direct Home Buyer websites and mobile apps may include any websites or applications owned and operated by The Direct Home Buyer (“Websites”). The Direct Home Buyer provides various services, as referenced on the Websites (“Services”).

The Direct Home Buyer reserves the right, at its discretion, to revise the terms of this Agreement and/or change, suspend, discontinue, or modify any aspect of any Website. Changes will be effective immediately. Your continued use of any Website after the posting of revisions to the Terms of Use will constitute your acceptance of the revised terms.

1. Certification of User

By using this Website, you certify to The Direct Home Buyer that you are a resident of the United States, or otherwise authorized to conduct business in the United States, are at least 18 years of age, and have the legal capacity to enter into this Agreement.

2. Content and Registration

2.1. Website Content

The Website content includes all text, data, photos, graphics, video, or any information obtained through the Website (collectively “Information”), The Direct Home Buyer’s computers or network, and any subscription, software, product, service, or information provided by The Direct Home Buyer.

2.2 Vendor Content

The Direct Home Buyer partners with vendors, sponsors, and advertisers of products or services (“Vendors”). Links or displays of information, advertisements, discounts, products, goods, or services offered by Vendors (“Vendor Content”) may be present. The Direct Home Buyer does not guarantee the availability or accuracy of any Vendor Content or offers, nor does it endorse or guarantee any Vendor products or services.

2.3 Disclaimer of Liability

The Direct Home Buyer will not be held liable for any loss or damage caused by your use of: (a) any external site linked to the Service, (b) Vendor Information, or (c) Vendor products or services. Statements made on the Website concerning The Direct Home Buyer’s offerings do not constitute an offer, but are solicitations of an offer.

2.4 Registration

You may browse and view certain Website content without registering, but access to certain features or services may require registration and selection of a user identification and password. You will safeguard your registration information, be the sole authorized user of your account, and use it only to access the Website and Services. The Direct Home Buyer reserves the right to monitor and discontinue your use of the registration at any time in its sole discretion. If you believe your registration has been compromised, you must change your registration information and notify us immediately at info@directhomebuyer.com.

3. Limitations on Use and User Submissions

3.1 Copyright, Patent, and Trademark Notice

All Website content provided by The Direct Home Buyer is copyrighted by The Direct Home Buyer or its affiliates or subsidiaries. All rights reserved. No portion of the content or other materials may be copied, reproduced, modified, distributed, sold, or transmitted in any form or by any means without the prior written consent of The Direct Home Buyer.

3.2 Notice of Copyright Infringement

The Direct Home Buyer respects the copyrights of others. If you believe that your copyrighted work has been reproduced on the Website in a way that constitutes copyright infringement, you may notify our designated copyright agent at info@directhomebuyer.com.

3.3 Restricted Use

You agree to use the Website and Information for lawful purposes only. You agree not to post or transmit any information through the Website which:

Infringes any patent, trademark, copyright, or other rights of others, or violates their privacy or publicity rights.
Is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent, or otherwise objectionable.
Is protected by patent, copyright, trademark, or other proprietary right without the express permission of the owner of such right.
Constitutes or encourages the commission of a criminal offense.

3.4 Your Submission of Messages

You grant The Direct Home Buyer a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and use for any purpose all messages or other materials posted by you on the Website or any e-mail sent by you to The Direct Home Buyer (in whole or in part). You may incorporate any such messages or other materials or e-mails into any form, media, or technology whether now known or hereafter developed.

3.5 Public Messages

All electronic forums made available to users of the Website are the sole property of The Direct Home Buyer and are not a public forum. You acknowledge that all information, data, files, software, music, sound, photographs, graphics, video, messages, or other materials posted, whether publicly posted or privately transmitted (“Third-Party Content”), are the sole responsibility of the person from which such Third-Party Content originated. You assume total liability for all Third-Party Content that you upload, post, email, or otherwise transmit via the Website. The Direct Home Buyer assumes no liability for any such Third-Party Content.

You agree not to use the Website to:

Upload, post, email, or otherwise transmit any Third-Party Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically, or otherwise objectionable.
Harm minors in any way.
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted.
Upload, post, email, or otherwise transmit any Third-Party Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships.
Upload, post, email, or otherwise transmit any Third-Party Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
Upload, post, email, or otherwise transmit any material 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.
Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges.
Interfere with or disrupt the Website or servers or networks connected to the Website.
Intentionally or unintentionally violate any applicable local, state, national, or international law.
“Stalk” or otherwise harass another person or entity.
Collect or store personal data about other users.

3.6 Monitoring by The Direct Home Buyer

The Direct Home Buyer reserves the right to monitor any and all Third-Party Content transmitted or received through the Website. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of the Website, authorized or unauthorized, constitutes consent to such monitoring.

4. ACCESS AND DELAYS IN SERVICES

The Direct Home Buyer, its affiliates, subsidiaries, and Vendors shall have no responsibility to provide you access to the Website. The Direct Home Buyer, its affiliates, subsidiaries, and Vendors shall not be liable to you for any loss or liability resulting, directly or indirectly, from delays, inaccuracies, errors, omissions, or interruptions of the Website for any reason, including, without limitation, due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, acts of terrorism, or to other like causes.

5. WARRANTIES AND LIMITATION OF LIABILITY

5.1 General Disclaimer and Limited Warranty

YOU ACKNOWLEDGE THAT THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS WITH ALL FAULTS BASIS.” THE DIRECT HOME BUYER AND ITS LICENSORS AND VENDORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING. FURTHER, THE DIRECT HOME BUYER AND ITS LICENSORS AND VENDORS NEITHER REPRESENT NOR WARRANT THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR IS SUITABLE FOR YOUR NEEDS OR WILL ACHIEVE ANY DESIRED RESULT.

5.2 Limitation of Liability

YOU AGREE THAT THE DIRECT HOME BUYER AND ITS AFFILIATES, SUBSIDIARIES, AND VENDORS SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE FOR ANY PURPOSE WHATSOEVER. THE DIRECT HOME BUYER’S LIABILITY, IF ANY, SHALL BE LIMITED TO A SUM EQUAL IN AMOUNT TO TEN (10%) PERCENT OF THE SUMS PAID TO THE DIRECT HOME BUYER BY YOU UNDER THE TERMS OF THIS AGREEMENT OR $100.00, WHICHEVER IS GREATER, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY.

6. INDEMNIFICATION

YOU SHALL RELEASE, DISCHARGE, AND RELINQUISH, DEFEND, INDEMNIFY AND HOLD HARMLESS THE DIRECT HOME BUYER AND ITS AFFILIATES, SUBSIDIARIES, AND VENDORS, AND EACH OF THEIR DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, VENDORS, AND CONTRACTORS FROM AND AGAINST ALL LOSS, CLAIMS, DEMANDS AND CAUSES OF ACTION OF WHATEVER KIND OR CHARACTER, INCLUDING WITHOUT LIMITATION COSTS, ATTORNEYS’ FEES AND EXPENSES INCURRED IN CONNECTION WITH ANY CLAIM BROUGHT BY ANY PERSON(S) OR ENTITY(IES) ARISING FROM, IN CONNECTION WITH, OR RELATING TO, YOUR ACCESS AND USE OF THE WEBSITE, INCLUDING YOUR USE OF THE INFORMATION OBTAINED THROUGH THE WEBSITE.

9. Miscellaneous

9.1 Cookies and Web Beacons

Like most websites, The Direct Home Buyer uses cookies and similar technologies to store information, including visitors’ preferences, and accessed pages. This information optimizes the user experience by customizing web page content based on visitors’ browser type and/or other information.

9.2 Electronic Communications

Communications between you and The Direct Home Buyer use electronic means, whether you use the Website, send us emails, or we post notices on the Website or communicate with you via email. You consent to receive communications from The Direct Home Buyer electronically and agree that all terms and conditions, agreements, notices, disclosures, and other communications we provide satisfy any legal obligation we would have if those communications were in a hard copy writing

9.3 Entire Terms

These Terms constitute the entire agreement between you and us regarding the use of the Website. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to The Direct Home Buyer is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without The Direct Home Buyer’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

9.4 Copyright / Trademark Information

Copyright ©2024 The Direct Home Buyer. All rights reserved. All trademarks, logos and service marks displayed on the Website are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

9.5 Governing Law; Limitations; Venue

The laws of the State of Arizona, excluding any conflict of laws rules, shall govern this Agreement. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the Website must be instituted within two (2) years from the date upon which such claim or cause arose. Any such claim or cause of action shall be brought EXCLUSIVELY in the state or federal courts located in Maricopa County, Arizona, and you agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of Texas as your agent for service of process. You agree to waive any objection that the state or federal courts of Maricopa County, Arizona, are an inconvenient forum.

9.6 Dispute Resolution

Any disputes arising out of this Agreement or use of the Website or Services will be resolved through binding arbitration. This includes a waiver of your right to jury trial and class-action lawsuits. Contact us at info@directhomebuyer.com to first attempt informal resolution before initiating arbitration.