Last Updated: June 17, 2026
1. Acceptance of These Terms
Welcome to REMrktCo.
These Terms of Use (“Terms”) govern your access to and use of the websites, applications, platforms, software, products, services, communications, artificial intelligence-powered tools, homeowner resources, marketplaces, analytics systems, mobile applications, and related technologies owned, operated, licensed, or provided by REMrktCo, LLC and its affiliates (collectively, “REMrktCo,” “we,” “our,” or “us”).
The Services include, without limitation, HighestPrice.com, CashOffersPRO, HomeUptick, Homeowner OS, HomeownerScore, and any current or future websites, applications, technologies, products, services, tools, features, marketplaces, software, communications, content, or offerings that link to, reference, or otherwise incorporate these Terms (collectively, the “Services”).
By accessing, browsing, registering for, interacting with, or using any portion of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and any additional policies, disclosures, guidelines, notices, or agreements that may be incorporated by reference.
If you do not agree to these Terms, you may not access or use the Services.
These Terms constitute a legally binding agreement between you and REMrktCo.
If you are using the Services on behalf of a company, brokerage, lender, investor, organization, business entity, governmental entity, or other legal person, you represent and warrant that you have the authority to bind that entity to these Terms. In such circumstances, references to “you” and “your” include both the individual user and the applicable entity.
Certain Services may be subject to additional terms, disclosures, participation agreements, subscription agreements, licensing agreements, marketplace agreements, or other supplemental terms. In the event of a conflict between these Terms and any supplemental agreement, the supplemental agreement will govern solely with respect to the applicable Service.
2. Eligibility and Authorized Use
The Services are intended for individuals and entities capable of forming legally binding agreements under applicable law.
By using the Services, you represent and warrant that:
- You are at least eighteen (18) years of age;
- You possess the legal capacity to enter into binding agreements;
- Your use of the Services does not violate any applicable law, regulation, contractual obligation, court order, or governmental requirement;
- Any information you provide is accurate, complete, and current; and
- You will comply with these Terms and all applicable laws while using the Services.
The Services are intended primarily for homeowners, prospective homeowners, real estate professionals, brokerages, lenders, investors, buyers, contractors, service providers, and other individuals or organizations involved in real estate-related activities and homeowner-related services.
REMrktCo reserves the right to refuse access to the Services, suspend accounts, restrict functionality, terminate participation, or remove users from the Services at any time and for any lawful reason.
3. About REMrktCo and the Services
REMrktCo is a technology company that develops and operates digital platforms, marketplaces, communication systems, homeowner tools, artificial intelligence-powered technologies, analytics solutions, and related products and services designed to help consumers make more informed decisions regarding homeownership, real estate transactions, property-related opportunities, and related financial and lifestyle considerations.
REMrktCo is not a real estate brokerage, mortgage lender, title company, escrow company, home builder, insurance company, investment advisor, financial institution, contractor, appraiser, home inspector, property manager, attorney, tax advisor, or home-buying company unless expressly identified otherwise in connection with a specific Service.
The Services may provide access to property information, homeowner information, market information, property valuations, cash offers, instant offers, financing opportunities, homeownership resources, educational materials, buyer programs, homeowner service providers, artificial intelligence-powered tools, predictive analytics, and other information intended to assist users in evaluating available options.
The Services may also facilitate communications, introductions, referrals, recommendations, marketplace participation, and interactions among consumers and third parties, including real estate professionals, brokerages, lenders, investors, buyers, contractors, title companies, service providers, and other participants.
REMrktCo does not guarantee that any user will receive an offer, enter into a transaction, obtain financing, sell a property, purchase a property, achieve a desired outcome, or obtain any particular financial result through use of the Services.
The Services are intended to support informed decision-making. The Services are not intended to replace independent judgment, professional advice, due diligence, or consultation with qualified professionals.
The Services, features, functionality, content, technologies, marketplace participants, providers, data sources, artificial intelligence systems, and available offerings may change, expand, contract, evolve, or be discontinued at any time without notice.
REMrktCo reserves the right to modify, suspend, restrict, discontinue, or replace any portion of the Services at its sole discretion.
4. Marketplace Services and Third-Party Providers
A central purpose of the Services is to facilitate access to information, opportunities, providers, products, services, and marketplace participants that may be relevant to homeowners, prospective homeowners, real estate professionals, investors, lenders, buyers, and other users.
The Services may enable users to identify, evaluate, compare, communicate with, receive information from, or otherwise interact with third parties. These third parties may include real estate brokers, real estate agents, lenders, mortgage companies, institutional purchasers, investors, direct buyers, qualified buyers, contractors, insurance providers, title companies, escrow companies, attorneys, tax professionals, moving companies, home-service providers, technology providers, and other businesses or individuals participating within or connected to the REMrktCo ecosystem.
REMrktCo operates as a technology platform and marketplace facilitator. Except where expressly stated in writing, REMrktCo is not a party to transactions between users and third parties and does not act as an agent, representative, fiduciary, broker, lender, purchaser, seller, contractor, appraiser, inspector, advisor, or guarantor for any user or marketplace participant.
Participation by a third party within the Services does not constitute an endorsement, certification, recommendation, guarantee, representation, or warranty by REMrktCo regarding that participant’s qualifications, licensing status, reputation, financial condition, performance, services, pricing, conduct, or ability to complete a transaction.
Any transaction, agreement, communication, relationship, negotiation, or interaction between a user and a third party is solely between those parties. Users are solely responsible for evaluating marketplace participants, conducting appropriate due diligence, reviewing agreements, verifying information, and determining whether to proceed with any transaction or relationship.
REMRKTCO DOES NOT GUARANTEE THAT ANY MARKETPLACE PARTICIPANT WILL RESPOND TO INQUIRIES, PROVIDE SERVICES, SUBMIT OFFERS, COMPLETE TRANSACTIONS, PERFORM OBLIGATIONS, OBTAIN FINANCING, CLOSE A TRANSACTION, MAINTAIN LICENSING, REMAIN SOLVENT, OR OTHERWISE SATISFY A USER’S EXPECTATIONS.
Users acknowledge that marketplace participants operate independently and may maintain their own policies, terms, privacy practices, business models, pricing structures, communication methods, and legal obligations. REMrktCo is not responsible for the acts, omissions, statements, conduct, products, services, advice, representations, warranties, failures, negligence, fraud, or other actions of any third party.
To the fullest extent permitted by law, REMrktCo disclaims all liability arising from or relating to any interactions, communications, disputes, transactions, agreements, services, losses, damages, injuries, claims, or obligations involving third-party participants.
5. No Professional Advice
The Services are intended to provide informational resources, educational materials, decision-support tools, marketplace access, communications functionality, homeowner resources, and technology-enabled services.
Information available through the Services is provided for general informational purposes only and should not be interpreted as legal advice, financial advice, tax advice, accounting advice, investment advice, lending advice, insurance advice, appraisal advice, construction advice, engineering advice, property inspection advice, or professional advice of any kind.
Although the Services may provide property information, valuations, recommendations, analyses, forecasts, insights, educational content, homeowner guidance, transaction information, or decision-support resources, such information is not intended to replace consultation with properly licensed and qualified professionals.
Users are solely responsible for evaluating information obtained through the Services and for making their own decisions regarding real estate transactions, financing decisions, investment decisions, legal matters, tax matters, insurance matters, construction projects, maintenance activities, homeownership decisions, and other significant matters.
REMrktCo does not create an attorney-client relationship, broker-client relationship, fiduciary relationship, financial advisor relationship, lender-borrower relationship, appraisal relationship, or any other professional relationship through a user’s access to or use of the Services.
Users should consult appropriately licensed and qualified professionals before making decisions involving legal rights, financial obligations, tax consequences, investments, real estate transactions, insurance coverage, construction projects, property conditions, lending arrangements, or other matters that may have significant legal, financial, or personal consequences.
Any reliance placed upon information obtained through the Services is undertaken solely at the user’s own risk.
6. Property Valuations, Offers, Estimates, and Recommendations
The Services may provide property valuations, estimated property values, automated valuation models, comparative market analyses, market forecasts, estimated proceeds calculations, investor offers, cash offers, instant offers, buyer interest indications, transaction recommendations, homeowner insights, eligibility assessments, financial projections, rankings, scores, estimates, and similar information.
Such information is generated using a variety of sources, which may include user-provided information, public records, third-party data, market information, automated systems, algorithms, artificial intelligence technologies, predictive analytics, historical information, and proprietary methodologies.
Because real estate markets are dynamic and information may be incomplete, inaccurate, outdated, estimated, inferred, assumed, or otherwise imperfect, REMrktCo does not warrant or guarantee the accuracy, completeness, reliability, timeliness, suitability, or usefulness of any valuation, estimate, recommendation, forecast, score, ranking, projection, or other output generated through the Services.
Property valuations and estimates are not appraisals and should not be relied upon as substitutes for professional appraisals, inspections, broker opinions of value, underwriting decisions, investment analyses, or independent due diligence.
Estimated proceeds calculations, financial projections, net-sheet calculations, and similar tools are illustrative only. Actual results may vary significantly based on market conditions, negotiations, financing terms, transaction costs, title matters, inspections, repairs, concessions, taxes, fees, and numerous other factors.
ANY OFFER, INDICATION OF INTEREST, PRELIMINARY PROPOSAL, ESTIMATED PURCHASE PRICE, MARKETPLACE RESPONSE, INVESTOR RESPONSE, INSTITUTIONAL BUYER RESPONSE, QUALIFIED BUYER RESPONSE, INSTANT OFFER, AUTOMATED OFFER, OR SIMILAR OUTPUT DISPLAYED THROUGH THE SERVICES IS INFORMATIONAL IN NATURE UNLESS AND UNTIL THE APPLICABLE PARTIES EXECUTE DEFINITIVE WRITTEN AGREEMENTS.
The presentation of an offer, valuation, recommendation, opportunity, eligibility determination, score, ranking, or estimate through the Services does not create a contractual obligation, guarantee performance, obligate any party to proceed, or establish an enforceable transaction.
Any transaction remains subject to the requirements, approvals, underwriting standards, inspections, title review, property verification, legal documentation, financing requirements, due diligence, and business decisions of the applicable parties.
Users acknowledge that real estate transactions involve substantial financial risks and that decisions should not be based solely upon information provided through the Services.
7. Artificial Intelligence and Automated Systems
The Services may utilize artificial intelligence, machine learning systems, predictive analytics, automated processing technologies, large language models, generative artificial intelligence systems, recommendation engines, scoring systems, automated decision-support tools, and other emerging technologies (collectively, “AI Systems”).
AI Systems may be used to generate property information, homeowner recommendations, communications, summaries, valuations, forecasts, analyses, rankings, scores, maintenance guidance, transaction recommendations, educational materials, customer support responses, market insights, and other outputs.
Users acknowledge that AI Systems are inherently probabilistic technologies and may generate inaccurate, incomplete, inconsistent, misleading, biased, outdated, incorrect, or otherwise imperfect outputs.
AI-generated content may contain factual errors, omissions, assumptions, hallucinations, misinterpretations, computational errors, data-quality issues, or other inaccuracies.
REMRKTCO DOES NOT REPRESENT OR WARRANT THAT AI-GENERATED OUTPUTS ARE ACCURATE, COMPLETE, CURRENT, RELIABLE, SUITABLE FOR ANY PURPOSE, LEGALLY COMPLIANT, FREE FROM BIAS, OR APPROPRIATE FOR ANY PARTICULAR USER OR CIRCUMSTANCE.
AI-GENERATED OUTPUTS ARE PROVIDED SOLELY FOR INFORMATIONAL AND DECISION-SUPPORT PURPOSES AND SHOULD NOT BE RELIED UPON AS THE SOLE BASIS FOR ANY LEGAL, FINANCIAL, TAX, INVESTMENT, INSURANCE, LENDING, CONSTRUCTION, MAINTENANCE, OR REAL ESTATE DECISION.
USERS REMAIN SOLELY RESPONSIBLE FOR INDEPENDENTLY EVALUATING AI-GENERATED OUTPUTS AND VERIFYING INFORMATION BEFORE RELYING UPON IT.
REMrktCo reserves the right to utilize user interactions, prompts, feedback, submissions, usage patterns, and related information to improve, evaluate, monitor, test, validate, personalize, develop, and enhance AI Systems, subject to applicable law and the REMrktCo Privacy Policy.
Certain AI-generated outputs may be reviewed, modified, supplemented, summarized, monitored, or validated by human personnel. Other outputs may be generated and delivered without human review.
The use of AI Systems through the Services does not create any fiduciary duty, professional duty, advisory relationship, or obligation on the part of REMrktCo.
As artificial intelligence technologies continue to evolve, REMrktCo may add, remove, modify, replace, or discontinue AI-powered features, functionality, providers, models, systems, integrations, or capabilities at any time and without notice.
Users assume all risks associated with the use of AI-generated information and agree that REMrktCo shall not be liable for decisions, actions, transactions, losses, damages, claims, liabilities, or other consequences arising from reliance upon AI-generated outputs.
8. User Accounts and Account Security
Certain Services may require users to create an account, establish login credentials, maintain a profile, or otherwise register to access certain features, functionality, products, services, marketplace opportunities, communications, or resources.
Users agree to provide accurate, current, complete, and truthful information when creating an account and throughout their use of the Services. Users further agree to promptly update account information when necessary to maintain its accuracy.
Users are responsible for maintaining the confidentiality of usernames, passwords, authentication credentials, API credentials, access tokens, verification codes, and any other account security information associated with the Services.
Users are solely responsible for all activities conducted through their accounts, whether authorized or unauthorized, unless prohibited by applicable law.
If a user becomes aware of unauthorized access, suspected account compromise, credential theft, suspicious activity, or any other security incident involving an account, the user must promptly notify REMrktCo.
REMrktCo reserves the right to suspend, restrict, investigate, disable, reclaim, or terminate accounts at any time when we reasonably believe such action is necessary to protect users, marketplace participants, the Services, our business operations, intellectual property, security systems, or legal interests.
REMrktCo is not liable for losses, damages, claims, liabilities, or expenses arising from a user’s failure to maintain account security or safeguard account credentials.
9. User Content and User Submissions
The Services may allow users to submit, upload, transmit, post, share, store, generate, provide, or otherwise make available information, content, communications, photographs, videos, documents, property information, comments, reviews, messages, requests, inquiries, prompts, responses, forms, feedback, data, and other materials (collectively, “User Content”).
Users retain ownership of User Content to the extent ownership rights exist under applicable law.
BY SUBMITTING USER CONTENT THROUGH THE SERVICES, USERS GRANT REMRKTCO AND ITS AFFILIATES, SERVICE PROVIDERS, TECHNOLOGY PARTNERS, MARKETPLACE PARTICIPANTS, SUCCESSORS, ASSIGNS, AND AUTHORIZED SUBLICENSEES A WORLDWIDE, NON-EXCLUSIVE, ROYALTY-FREE, TRANSFERABLE, SUBLICENSABLE, PERPETUAL, IRREVOCABLE LICENSE TO HOST, STORE, REPRODUCE, PROCESS, MODIFY, ADAPT, TRANSLATE, ANALYZE, DISTRIBUTE, DISPLAY, PUBLISH, PERFORM, TRANSMIT, CREATE DERIVATIVE WORKS FROM, AND OTHERWISE USE USER CONTENT AS REASONABLY NECESSARY TO PROVIDE, OPERATE, IMPROVE, MARKET, SECURE, SUPPORT, DEVELOP, AND ENHANCE THE SERVICES.
Without limiting the foregoing, users acknowledge that User Content may be used to:
- Provide requested Services;
- Generate valuations, recommendations, analyses, and marketplace opportunities;
- Facilitate communications and transactions;
- Support artificial intelligence systems and automated technologies;
- Improve products, services, functionality, and user experiences;
- Conduct analytics, research, testing, and product development activities;
- Maintain records, comply with legal obligations, and protect users and the Services.
- Users represent and warrant that:
- They own or control all rights necessary to provide the User Content;
- The User Content does not violate any law, regulation, contractual obligation, intellectual property right, privacy right, publicity right, or other legal right;
- The User Content is not fraudulent, misleading, defamatory, unlawful, threatening, abusive, obscene, or otherwise objectionable; and
- The submission of User Content will not expose REMrktCo to liability or legal claims.
REMrktCo is under no obligation to review, monitor, verify, endorse, or remove User Content, but reserves the right to do so at any time and for any reason.
REMrktCo may remove, restrict, modify, reject, archive, preserve, or disclose User Content whenever we determine such action is appropriate to comply with legal obligations, enforce these Terms, protect users, maintain platform integrity, or support business operations.
10. Communications and Consent to Contact
The Services are designed in part to facilitate communications between consumers, homeowners, prospective homeowners, real estate professionals, brokerages, lenders, investors, buyers, contractors, service providers, and other marketplace participants.
For purposes of this Section, “Participating Providers” means participating real estate professionals, brokerages, lenders, investors, buyers, contractors, service providers, marketplace participants, and other third parties involved in responding to a user’s request, inquiry, registration, submission, or use of the Services.
By submitting contact information through the Services, including a telephone number, mobile number, email address, mailing address, messaging identifier, or other communication information, you expressly request and consent to receive communications relating to the Services, your inquiries, your account, requested products or services, homeowner opportunities, real estate opportunities, transaction-related activities, customer support matters, educational content, marketplace opportunities, and other matters reasonably related to the Services.
Such communications may be initiated by REMrktCo, its affiliates, service providers, Participating Providers, or other authorized parties involved in responding to your request, inquiry, registration, submission, or use of the Services.
Communications may be delivered through telephone calls, mobile calls, text messages, SMS messages, MMS messages, prerecorded messages, artificial voice messages, email messages, direct messages, chat systems, mobile notifications, automated technologies, artificial intelligence-powered communication systems, and other communication methods permitted by applicable law.
You understand and agree that communications may be initiated using automated telephone dialing systems, automated messaging systems, artificial intelligence-assisted systems, prerecorded technologies, or similar communication technologies where permitted by applicable law.
By voluntarily submitting your contact information and requesting information, valuations, offers, recommendations, consultations, marketplace opportunities, homeowner resources, or other Services, you expressly authorize REMrktCo and Participating Providers to contact you regarding your request and related products, services, opportunities, and communications. To the fullest extent permitted by applicable law, such authorization constitutes your prior express consent and, where required by applicable law, your prior express written consent to receive communications from REMrktCo and Participating Providers.
YOU ACKNOWLEDGE THAT THIS CONSENT APPLIES EVEN IF YOUR TELEPHONE NUMBER IS LISTED ON A FEDERAL, STATE, OR OTHER DO NOT CALL REGISTRY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, BECAUSE YOU HAVE VOLUNTARILY INITIATED THE INQUIRY, REQUESTED INFORMATION OR SERVICES, AND EXPRESSLY AUTHORIZED COMMUNICATIONS RELATING TO THAT REQUEST.
YOUR CONSENT IS NOT A CONDITION OF PURCHASING ANY PROPERTY, PRODUCT, OR SERVICE.
MESSAGE FREQUENCY MAY VARY.
MESSAGE AND DATA RATES MAY APPLY.
You acknowledge that communications may continue until your request has been addressed, your account has been closed, applicable legal requirements have been satisfied, or you otherwise exercise available opt-out rights.
You may opt out of marketing emails by using the unsubscribe mechanism included within the applicable communication.
You may opt out of certain text-message communications by replying STOP where applicable.
Opt-out requests will not apply to communications that are transactional, operational, security-related, legal, compliance-related, account-related, or otherwise necessary to provide Services, facilitate transactions, respond to requests, or protect users and the Services.
Users are responsible for maintaining accurate contact information and updating communication preferences where available.
To the fullest extent permitted by law, users agree that REMrktCo shall not be liable for delays, delivery failures, carrier-related issues, filtering, transmission errors, undelivered communications, or actions taken in reliance upon communications transmitted through the Services.
11. Intellectual Property Rights
The Services and all associated content, functionality, software, technology, algorithms, databases, compilations, interfaces, designs, trademarks, service marks, trade names, logos, graphics, text, audio, video, photographs, data sets, artificial intelligence systems, machine learning models, recommendation systems, scoring methodologies, valuations, analyses, reports, software code, documentation, workflows, and other materials provided through the Services (collectively, the “REMrktCo Content”) are owned by REMrktCo, its licensors, affiliates, suppliers, partners, or authorized providers and are protected by intellectual property laws and other applicable laws.
Except as expressly authorized in writing by REMrktCo, users may not:
- Copy, reproduce, republish, distribute, transmit, display, perform, modify, create derivative works from, reverse engineer, scrape, harvest, extract, license, sell, lease, sublicense, assign, commercialize, or exploit any portion of the Services or REMrktCo Content;
- Use any automated means, bots, crawlers, spiders, scripts, scraping tools, data-mining tools, extraction tools, or similar technologies to access or collect information from the Services;
- Use the Services or REMrktCo Content to develop, train, benchmark, improve, or support competing products, services, databases, artificial intelligence systems, machine learning models, or commercial offerings;
- Remove, obscure, alter, or interfere with proprietary notices, trademarks, copyrights, or other ownership indicators.
Subject to these Terms, REMrktCo grants users a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services solely for their intended purposes.
All rights not expressly granted are reserved by REMrktCo.
12. Prohibited Uses
Users may access and use the Services only for lawful purposes and in accordance with these Terms.
Without limitation, users agree not to:
- Use the Services in violation of any applicable law, regulation, court order, industry rule, licensing requirement, or governmental directive;
- Provide false, misleading, fraudulent, inaccurate, or deceptive information;
- Impersonate any individual or entity or misrepresent an affiliation with another person or organization;
- Interfere with, disrupt, damage, disable, overburden, or compromise the operation, security, functionality, or availability of the Services;
- Attempt to gain unauthorized access to accounts, systems, networks, databases, software, APIs, or other components of the Services;
- Introduce viruses, malware, ransomware, spyware, malicious code, bots, automated attacks, denial-of-service attacks, or other harmful technologies;
- Collect, harvest, scrape, extract, copy, monitor, index, or use information from the Services through automated means without prior written authorization;
- Use the Services to compete with REMrktCo or to develop competing products, marketplaces, databases, valuation tools, artificial intelligence systems, lead-generation systems, analytics products, or related offerings;
- Circumvent access restrictions, security measures, technical limitations, subscription requirements, payment mechanisms, or usage controls;
- Use information obtained through the Services for unlawful solicitation, spam, harassment, discrimination, stalking, intimidation, fraud, or other improper purposes;
- Submit content that is unlawful, defamatory, infringing, misleading, abusive, threatening, obscene, harmful, discriminatory, or otherwise objectionable;
- Use the Services in any manner that could expose REMrktCo, its users, marketplace participants, partners, or service providers to legal liability, regulatory risk, reputational harm, or security threats.
REMrktCo reserves the right to investigate suspected violations, cooperate with law enforcement authorities, pursue legal remedies, suspend access, terminate accounts, remove content, restrict functionality, and take any other action deemed appropriate in response to violations of these Terms.
13. Third-Party Content and Links
The Services may contain, display, reference, incorporate, provide access to, or facilitate interactions with third-party websites, applications, products, services, content, software, advertisements, communications, data sources, integrations, marketplace participants, social media platforms, artificial intelligence systems, and other resources that are not owned or controlled by REMrktCo (collectively, “Third-Party Resources”).
Third-Party Resources may include Participating Providers, property information providers, multiple listing services, public records providers, valuation providers, lenders, investors, buyers, contractors, insurance providers, title companies, escrow companies, software vendors, analytics providers, advertising partners, artificial intelligence providers, and other businesses or organizations.
REMrktCo does not own, control, monitor, endorse, verify, investigate, supervise, guarantee, or assume responsibility for any Third-Party Resources.
The availability of Third-Party Resources through the Services does not constitute an endorsement, recommendation, certification, sponsorship, guarantee, partnership, joint venture, agency relationship, or representation by REMrktCo.
Information, products, services, content, pricing, offers, recommendations, valuations, financing opportunities, advertisements, communications, and other materials made available by Third-Party Resources are solely the responsibility of the applicable third party.
Users access and interact with Third-Party Resources at their own risk.
REMrktCo shall not be responsible or liable for any loss, damage, injury, claim, dispute, transaction, communication, agreement, obligation, delay, failure, or other matter arising from or relating to Third-Party Resources or interactions between users and third parties.
14. Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REMRKTCO, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, PARTICIPATING PROVIDERS, AND BUSINESS PARTNERS DISCLAIM ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, AND GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
WITHOUT LIMITING THE FOREGOING, REMRKTCO DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, QUALITY, QUIET ENJOYMENT, AVAILABILITY, SECURITY, PERFORMANCE, AND RESULTS.
REMrktCo does not warrant that:
The Services will be uninterrupted, error-free, secure, available, or free from defects;
The Services will meet a user’s expectations or requirements;
Property information, valuations, recommendations, analyses, forecasts, scores, rankings, offers, estimates, communications, or other outputs will be accurate, complete, current, reliable, or suitable for any purpose;
Any property will sell, any offer will be received, any financing will be obtained, any transaction will close, or any desired outcome will be achieved;
Any artificial intelligence-generated output will be accurate, complete, unbiased, reliable, lawful, or appropriate for a user’s circumstances;
Any defects, interruptions, inaccuracies, vulnerabilities, or errors will be corrected.
Users acknowledge that use of the Services is voluntary and entirely at their own risk.
No advice, communication, information, statement, recommendation, or representation provided through the Services shall create any warranty unless expressly stated in a written agreement signed by an authorized officer of REMrktCo.
15. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REMRKTCO, ITS AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, PARTICIPATING PROVIDERS, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, ENHANCED, OR LOST-PROFIT DAMAGES.
THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY ASSERTED, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTORY LIABILITY, MISREPRESENTATION, WARRANTY, OR OTHERWISE.
WITHOUT LIMITING THE FOREGOING, REMRKTCO SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM OR RELATING TO:
Use of or inability to use the Services;
Property valuations, estimates, recommendations, scores, rankings, forecasts, or analyses;
Artificial intelligence-generated outputs;
Offers, transactions, negotiations, communications, or marketplace activities;
Actions or omissions of Participating Providers or third parties;
Data loss, business interruption, loss of goodwill, reputational harm, loss of opportunity, or lost revenue;
Unauthorized access, cyber incidents, security events, or technology failures;
Reliance upon information obtained through the Services.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF REMRKTCO ARISING FROM OR RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100.00), OR (B) THE AMOUNT PAID BY THE USER TO REMRKTCO FOR THE APPLICABLE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
THE LIMITATIONS CONTAINED IN THIS SECTION FORM A MATERIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES AND SHALL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
16. Indemnification
You agree to defend, indemnify, and hold harmless REMrktCo, its affiliates, officers, directors, members, managers, employees, contractors, licensors, service providers, Participating Providers, successors, and assigns from and against any and all claims, demands, actions, proceedings, investigations, liabilities, damages, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys’ fees and legal expenses, arising from or relating to:
- Your use of the Services;
- Your violation of these Terms;
- Your violation of any applicable law, regulation, or legal obligation;
- Your User Content;
- Your communications, transactions, or interactions with third parties;
- Your infringement or misappropriation of any intellectual property, privacy, publicity, contractual, or other rights;
- Any misrepresentation, fraud, negligence, misconduct, or wrongful act committed by you.
REMrktCo reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate fully with such defense.
17. Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Except for claims eligible for small claims court and claims seeking injunctive relief relating to intellectual property rights, any dispute, controversy, claim, or cause of action arising out of or relating to the Services, these Terms, the Privacy Policy, the Cookie Policy, communications, transactions, marketplace activities, artificial intelligence-generated outputs, or the relationship between the parties shall be resolved exclusively through final and binding arbitration.
The arbitration shall be administered by the American Arbitration Association (“AAA”) pursuant to its applicable Consumer Arbitration Rules or Commercial Arbitration Rules, as applicable.
The arbitration shall be conducted by a single arbitrator.
Unless otherwise required by applicable law, the arbitration shall take place in Maricopa County, Arizona, or may be conducted remotely at the discretion of the arbitrator.
The arbitrator shall have exclusive authority to resolve all issues relating to the interpretation, enforceability, applicability, formation, and scope of this arbitration provision.
17.1 CLASS ACTION WAIVER
TO THE FULLEST EXTENT PERMITTED BY LAW, ALL CLAIMS SHALL BE BROUGHT SOLELY IN AN INDIVIDUAL CAPACITY.
NO PARTY SHALL HAVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, MASS ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR SIMILAR PROCEEDING.
THE ARBITRATOR SHALL NOT HAVE AUTHORITY TO CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.
17.2 JURY TRIAL WAIVER
TO THE FULLEST EXTENT PERMITTED BY LAW, THE PARTIES KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE ANY RIGHT TO A JURY TRIAL IN ANY ACTION OR PROCEEDING RELATING TO THE SERVICES OR THESE TERMS.
17.3 Governing Law
These Terms and any dispute arising from or relating to the Services shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to conflict-of-law principles.
If any portion of this Section is determined to be unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.
18. Changes to the Services
REMrktCo continually develops, improves, modifies, and expands the Services. As a result, we reserve the right, at any time and without prior notice, to add, remove, modify, replace, suspend, discontinue, restrict, or otherwise alter any portion of the Services.
Such changes may include modifications to features, functionality, products, services, pricing, subscription offerings, marketplace participation requirements, communications systems, artificial intelligence capabilities, integrations, content, availability, eligibility requirements, user interfaces, technical specifications, or business operations.
REMrktCo shall have no liability arising from or relating to any modification, suspension, interruption, restriction, discontinuation, or removal of any portion of the Services.
We do not guarantee that any particular Service, feature, functionality, product, offering, integration, marketplace participant, artificial intelligence capability, or technology will remain available for any specific period of time.
19. Changes to These Terms
REMrktCo may revise these Terms from time to time to reflect changes in the Services, legal requirements, business operations, technology, marketplace practices, artificial intelligence capabilities, or other operational considerations.
When changes are made, we will update the “Last Updated” date appearing at the beginning of these Terms.
Updated Terms become effective upon posting unless otherwise required by applicable law.
Your continued access to or use of the Services following the effective date of updated Terms constitutes your acceptance of the revised Terms.
If you do not agree to revised Terms, your sole remedy is to discontinue use of the Services.
20. General Provisions
20.1 Entire Agreement
These Terms, together with the Privacy Policy, Cookie Policy, any applicable disclosures, and any supplemental agreements governing specific Services, constitute the entire agreement between you and REMrktCo regarding the Services and supersede all prior or contemporaneous understandings, agreements, communications, representations, and proposals relating to the Services.
20.2 Severability
If any provision of these Terms is determined to be invalid, unlawful, unenforceable, or void by a court or arbitrator of competent jurisdiction, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.
20.3 Waiver
No waiver by REMrktCo of any provision, right, remedy, breach, or default shall be deemed a continuing waiver or a waiver of any other provision, right, remedy, breach, or default.
20.4 Assignment
You may not assign, transfer, delegate, sublicense, or otherwise transfer any rights or obligations under these Terms without the prior written consent of REMrktCo.
REMrktCo may assign, transfer, delegate, or otherwise transfer its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, financing transaction, corporate restructuring, sale of assets, or other business transaction.
20.5 Force Majeure
REMrktCo shall not be liable for any delay, interruption, failure, or inability to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, severe weather events, pandemics, public health emergencies, labor disputes, utility failures, internet outages, telecommunications failures, governmental actions, civil disturbances, acts of war, terrorism, cyberattacks, security incidents, supply-chain disruptions, or failures of third-party systems or providers.
20.6 No Agency Relationship
Nothing contained in these Terms shall be construed as creating any agency relationship, partnership, joint venture, fiduciary relationship, employment relationship, franchise relationship, or similar legal relationship between REMrktCo and any user, Participating Provider, or third party.
20.7 Headings
Section titles and headings are provided solely for convenience and shall not affect interpretation of these Terms.
20.8 Electronic Records and Signatures
You agree that electronic records, electronic communications, electronic signatures, click-through agreements, online acknowledgments, digital acceptances, and similar electronic actions shall have the same force and effect as written signatures and paper records to the fullest extent permitted by applicable law.
20.9 Survival
Any provisions that by their nature should survive termination of these Terms shall survive, including without limitation provisions relating to intellectual property rights, disclaimers, limitations of liability, indemnification obligations, dispute resolution, arbitration, governing law, and any accrued rights or obligations.
21. Contact Information
If you have questions regarding these Terms, the Services, your account, a dispute, legal notices, intellectual property concerns, or other matters relating to the Services, you may contact REMrktCo at:
REMrktCo, LLC
Email: admin@remrktco.com
Subject Line: Attn: Terms of Use
Any notices required or permitted under these Terms may be delivered electronically to the extent permitted by applicable law.
REMrktCo may also provide notices through the Services, by email, through account communications, or by other reasonable means.
