• What Happens After I Accept The Offer?

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    Accept Offer

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    From start to finish; Ask4Offer has is here to make this process quick, easy, and fast.

    Home Inspection

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    Once under contract, we will set up a full home inspection to survey the property and the house.

    Closing and Move

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    Choose a closing day, and prepare for the next move in the process.

  • The Easiest Way To Sale Your House. Fast!

    No Obligations | No Cost To Ask

    ASK 4 OFFER

    Complete Our Quick Form With Your Contact Information.

    Receive Your Offer

    Our team of agents will evaluate your request and email you our top purchase offer for your home.

    Accept Our Offer

    If you like the offer price, click "accept" to show me the purchase agreement.

    Choose Closing Date

    Before we send you the contract, pick the day you want to close, anytime within
    1 week to 90 days.

    Sign Contract

    Electronically sign the purchase contract confirming your agreement with Ask4Offer.

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    BY ACCESSING OR USING THE WEBSITE YOU ARE INDICATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS, AND THAT YOU AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THE TERMS.
    IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS OR USE THE WEBSITE.
    IMPORTANT INFORMATION ABOUT THE WEBSITE
    ABOUT THE TERMS
    OFFER & PURCHASE PROCESS
    USER CONDUCT GUIDELINES
    INTELLECTUAL PROPERTY RIGHTS & LICENSES
    NO ENDORSEMENTS
    WARRANTIES, DISCLAIMERS, LIMITATION OF LIABILITY & INDEMNIFICATION
    GOVERNING LAW & DISPUTE RESOLUTION
    MISCELLANEOUS
    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 Ask4Offer. Ask4Offer, 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. 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 SOLEY 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 “Ask4Offer,” “we” and “us” refer to Ask4Offer, LLC, and “Website” refers to the website currently located at www.OfferPad.com, and any and all other websites owned or operated by Ask4Offer, through which you have access to request an offer and/or conduct a real estate transaction with Ask4Offer, 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 Ask4Offer is governed by the terms and conditions of these TOU, our Privacy Policy, currently located at www.OfferPad.com/Privacy-Policy (as described in more detail in Section 9 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). FOR EXAMPLE, THE TERMS INCLUDE:
    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
    OfferPad 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 OfferPad. 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 Ask4Offer unless it is in writing and signed by an authorized representative of Ask4Offer.
    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 in the Sarasota, FL, Las Vegas, NV, Tampa, FL, Orlando, FL and Los Angeles, CA metro areas only. 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 Ask4Offer 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. The “Ask4Offer Credit” is a flat rate of 6%, which we assess to cover typical costs and risks. The “Risk Metric Score” is a rate between 1-7%, which is a score that we determine, in our sole discretion, based on the location (zip code, city, lot placement), house type, demand, age, and overall condition of the property. Thus, the total credits that will be deducted from your purchase price at closing will typically range from 7% to 13%.
    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, Ask4Offer may terminate the PSA.
    Ask4Offer 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
    Only the cost of the title search and title insurance (as applicable) and escrow fees, up to a combined total of $2000, are included in our purchase price. You will be responsible to pay any title search, title insurance and escrow fees in excess of $2000, and any other additional closing costs will be paid by the you, in a manner customary in the county where the property is located, as determined by the escrow holder. 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. Ask4Offer does not pay or accept commissions, unless it discloses to you in writing prior to your acceptance of the PSA that 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 5 days to 90 days after your acceptance of the offer, and you can elect to move up to 3 days after the closing date. 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 DocuSign, a third-party electronic signature technology provider, on behalf of Ask4Offer. To be clear, the offer does not constitute the PSA or contain the entire 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, Ask4Offer will deposit the earnest money set forth in the PSA in an escrow account at a title company all as more fully set forth in the Terms of the PSA. The title company will then send you a receipt confirming the deposit, and 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, or that the information provided by you is otherwise inaccurate.
    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 OfferPad. You must be home during the inspection, which typically takes less than 2 hours.
    Once the inspection is completed, the inspector will issue an inspection report to Ask4Offer. Ask4Offer will review the inspection report and provide you a complete list of the items that are a concern to us. Such items may include (but are not limited to) code violations, defects, damage or other deficiencies relating to A/C, electrical, foundation, roof, flooring, windows, cabinets, appliances, drywall, insulation, plumbing, pool, spa and interior and exterior paint. In addition non-standard colored walls, materials, and carpet may also require removal and/or replacement. Non-standard colors include any colors other than white, light beige and light grey. Non-standard materials include (but are not limited to) wall paper, stickers, wall borders and faux finishes. Non-standard carpet includes (but are not limited to) outdoor carpet used indoors, bright colors, neon colors, irregular patterns, and visual wear patterns. For simplicity, we will refer, collectively, to repair, removal, replacement and other remediation as “repair.”
    During the inspection period, Ask4Offer may provide to you the list of items Ask4Offer 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 Ask4Offer an additional credit against the purchase price (based on Ask4Offer’s estimate of the cost to the repair the identified items), or (3) cancel the purchase agreement with no further obligation, except, if necessary, to sign escrow termination instructions and instructions to release the deposit back to Ask4Offer.
    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 Ask4Offer during the final walk-through.
    Whether you elect to have the items repaired or to provide Ask4Offer 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,  Ask4Offer 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, additional repairs may be required and the closing may be delayed.
    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 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. USER CONDUCT GUIDELINES
    4.1 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 Ask4Offer , unless you have been specifically authorized to do so in a separate agreement with Ask4Offer ;
    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 Ask4Offer's name or any of Ask4Offer's other trademarks, logos or proprietary materials, without Ask4Offer'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, Ask4Offer's computer systems, or the technical delivery systems of Ask4Offer's providers;
    probe, scan, or test the vulnerability of any system or network of OfferPad 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 Ask4Offer or any of Ask4Offer 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.
    4.2 Investigations
    Ask4Offer reserves the right to monitor access 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.
    5. INTELLECTUAL PROPERTY RIGHTS & LICENSES
    5.1 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 OfferPad. 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, Ask4Offer 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 Ask4Offer .
    This foregoing license is subject to modification or revocation at any time at Ask4Offer 's sole discretion.
    No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by  Ask4Offer 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.
    5.2 Your Photos and Information
    By uploading photographs of your house (your “Photos”), you hereby grant Ask4Offer 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 Ask4Offer, in general.
    You agree that this license includes the right for Ask4Offer to make your Photos available to other companies, organizations and individuals who have a business relationship with Ask4Offer (“partner”) for syndication, broadcast, distribution and publication on other websites and services. Such additional uses by Ask4Offer, 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. Ask4Offer will not be responsible or liable for any use of your Photos by OfferPad or any third party in accordance with the Terms.
    5.3 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 Info@Ask4Offer.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 Ask4Offer. Without limiting the foregoing, you acknowledge that your Feedback may be disseminated or used by Ask4Offer or its affiliates for any purpose whatsoever, including developing, improving and/or marketing products. You hereby irrevocably transfer and assign to Ask4Offer 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 rAsk4Offer’s rights in such improvements, enhancements and modifications.
    6. NO ENDORSEMENTS
    The Website may provide links to third-party websites, resources or services. You acknowledge and agree that Ask4Offer 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 Ask4Offer 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.
    7. WARRANTIES, DISCLAIMERS, LIMITATION OF LIABILITY & INDEMNIFICATION
    7.1 Warranties by Users
    You represent and warrant to Ask4Offer 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 Ask4Offer and to grant the rights and licenses granted,
    the exercise by Ask4Offer of the rights granted by you will not cause Ask4Offer  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.
    7.2 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, Ask4Offer 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.
    7.3 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 Ask4Offer IS AND REMAINS WITH YOU.
    YOU HEREBY RELEASE Ask4Offer 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 Ask4Offer 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 Ask4Offer HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
    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 7, 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, Ask4Offer’s AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL OF THE FOREGOING, SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS (US$100).
    7.4 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 Ask4Offer AND YOU, AND WILL SURVIVE AND APPLY EVEN IF YOUR REMEDIES ARE FOUND OR ALLEGED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
    7.5 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 7 THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW.
    7.6 Indemnification
    To the maximum extent not prohibited by applicable law, you agree to release, indemnify, and hold Ask4Offer, 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, 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 gross negligence or willful misconduct.
    7.7 Obligation to Defend
    You agree that, at Ask4Offer option, you will conduct the defense of any such claim or action; provided that, notwithstanding our election that you to conduct the defense, (i)Ask4Offer 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 Ask4Offer (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.
    7.8 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.
    8. GOVERNING LAW & DISPUTE RESOLUTION
    PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND Ask4Offer HAVE AGAINST EACH OTHER ARE RESOLVED.
    8.1 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.
    8.2 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 Sarasota,Fl, 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.
    8.3 Jurisdiction and Venue
    In the event that arbitration is not available, you and Ask4Offer agree that any and all Disputes will be brought in the federal or state courts located in Sarasota, Florida, 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.
    8.4 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.
    8.5 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 Ask4Offer. We will notify you of amendments to this section by posting the amended Terms on www.Ask4Offer.com/Terms-of-Use. 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  Ask4Offer 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).
    9. MISCELLANEOUS
    9.1 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 Ask4Offer. 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.
    9.2 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 Ask4Offer 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 Ask4Offer 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.
    9.3 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. OfferPad 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.
    9.4 No Agency
    No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these TOU.
    9.5 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.
    9.6 Notices
    Any notices or other communications permitted or required hereunder, including those regarding modifications to the Terms, will be in writing and given by Ask4Offer (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.
    9.7 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 Ask4Offer. In addition, no waiver granted in any instance shall constitute a waiver in any other instance.
    9.8 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.
    9.9 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.
    9.10 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.
    9.11 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.
    9.12 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.”
    9.13 Contact Us
    If you have any questions or concerns, please contact us at ask4offer.com@gmail.com
    
    Complaints regarding the Website or requests to receive further information regarding use of the Website may be sent to the above address or to ask4offer.com@gmail.com
    
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