Terms of Service

Last updated: 8/27/2024

Welcome to www.ownyoursale.com (the “Site“). The Site is operated by OwnYourSale, Inc. (“Company“, “we“, “us“, or “our“). By accessing or using the Site, you agree to be bound by these Terms of Service (the “Terms“). If you do not agree to these Terms, please do not use the Site.

1. Use of the Site

1.1 Eligibility

You must be at least 18 years old to use the Site. By using the Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the eligibility requirements.

1.2 Account Registration

To access certain features of the Site, you may be required to create an account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account.

1.3 Prohibited Activities

You agree not to:

2. Services Provided

2.1 Service Description

The Site provides tools and resources to help you sell your property independently, including but not limited to staging advice, listing services, and contract negotiation assistance (the “Services“).

2.2 No Legal or Real Estate Advice

The Services provided by the Site do not constitute legal or real estate advice. We are not a licensed real estate brokerage, and we do not act as a real estate agent or broker. You are responsible for obtaining independent legal, financial, or real estate advice before making any decisions based on the Services.

3. Fees and Payments

3.1 Fees

Access to certain Services on the Site may require payment of fees. All fees are non-refundable unless otherwise specified in a separate agreement.

3.2 Payment Terms

Payments must be made by the method and in the currency specified on the Site. You agree to provide current, complete, and accurate billing and payment information.

3.3 Changes to Fees

We reserve the right to change our fees at any time. Any changes will be effective immediately upon posting on the Site.

4. Data and Personal Information Collection

4.1 Collection of Data

When you use the Site, we may collect certain personally identifiable information (“Personal Information“) from you, including but not limited to your name, email address, phone number, billing information, and any other information you provide during account registration or use of the Services.

4.2 Use of Data

We use your Personal Information to provide and improve the Services, communicate with you, process transactions, and for other purposes described in our Privacy Policy.

4.3 Data Sharing

We do not sell, trade, or otherwise transfer your Personal Information to outside parties without your consent, except as necessary to provide the Services, comply with legal obligations, or protect our rights. We may share your data with trusted third parties who assist us in operating the Site, conducting our business, or servicing you, provided that those parties agree to keep this information confidential.

4.4 Data Security

We implement a variety of security measures to maintain the safety of your Personal Information. However, no method of transmission over the Internet or method of electronic storage is 100% secure, and we cannot guarantee absolute security.

4.5 Cookies and Tracking Technologies

We use cookies and other tracking technologies to enhance your experience on the Site. These technologies may collect information about your browsing behavior, preferences, and interactions with the Site. You can choose to disable cookies through your browser settings, but this may affect your ability to use certain features of the Site.

4.6 Your Rights

Depending on your location, you may have certain rights regarding your Personal Information, including the right to access, correct, delete, or restrict the use of your data. For more details, please refer to our Privacy Policy or contact us at [email protected].

5. Intellectual Property

5.1 Ownership

All content, features, and functionality on the Site, including but not limited to text, graphics, logos, and software, are the exclusive property of the Company and are protected by copyright, trademark, and other intellectual property laws.

5.2 License

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for your personal, non-commercial use. You may not reproduce, distribute, modify, or create derivative works from any part of the Site without our prior written consent.

6. Disclaimer of Warranties

6.1 No Warranties

The Site and the Services are provided on an “as is“ and “as available“ basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, or products included on the Site. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.

7. Limitation of Liability

7.1 Limitation

To the fullest extent permitted by law, in no event shall the Company, its directors, officers, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Site or Services, whether based on warranty, contract, tort (including negligence), or any other legal theory.

7.2 Cap on Liability

Our total liability to you for any claim arising out of or relating to these Terms or your use of the Site shall not exceed the amount you paid us to use the Site in the twelve (12) months preceding the claim.

8. Indemnification

8.1 Indemnity

You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Site or Services, your violation of these Terms, or your infringement of any intellectual property or other rights of any person or entity.

9. Termination

9.1 Termination by You

You may terminate your account at any time by following the instructions on the Site. Upon termination, your right to access and use the Site will immediately cease.

9.2 Termination by Us

We may terminate or suspend your account or access to the Site at any time, without notice, for conduct that we believe violates these Terms or is harmful to other users of the Site, us, or third parties, or for any other reason in our sole discretion.

10. Governing Law and Dispute Resolution

10.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of WA, without regard to its conflict of law principles.

10.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or the Site shall be resolved through binding arbitration in seattle, WA in accordance with the rules of the American Arbitration Association.

11. Changes to the Terms

11.1 Amendments

We may revise these Terms from time to time in our sole discretion. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of any changes constitutes acceptance of those changes.

12. Miscellaneous

12.1 Entire Agreement

These Terms constitute the entire agreement between you and the Company regarding your use of the Site and Services and supersede all prior agreements and understandings, whether written or oral.

12.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

12.3 Waiver

The failure of the Company to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

13. Contact Information

If you have any questions about these Terms, please contact us at [email protected].