Terms & Conditions
Updated September 24, 2024
General Provisions:
SellWithDealMate.com
DISCLAIMER TO HOMEOWNERS AND BUYERS:
BY USING THIS SERVICE, YOU UNDERSTAND AND AGREE THAT DEALMATE REAL ESTATE, LLC (“THE COMPANY”) IS NOT REPRESENTING YOU AS A REAL ESTATE AGENT OR BROKER OR PROPERTY MANAGER. BY USING THIS SERVICE, YOU MAY COME INTO CONTACT WITH OR USE THE SERVICES OF VARIOUS REAL ESTATE INVESTORS, VENDORS, ADVERTISERS, OR OTHER THIRD PARTIES. THE COMPANY IS AN INDEPENDENT WEB-BASED PROVIDER OF REAL ESTATE-RELATED DIRECTORY SERVICES AND CONTENT, AND DOES NOT CONTROL OR SUPERVISE ANY SUCH AFFILIATES, INVESTORS, VENDORS, ADVERTISERS, OR OTHER THIRD PARTIES. THE COMPANY IS NOT RESPONSIBLE FOR THEIR ACTIONS.
This legal agreement (herein “Agreement”) between you (herein “you” or “seller”) and DealMate Real Estate, LLC (herein “DealMate,” “us,” “we,” or “our”) should be read carefully before using our Website and/or mobile application (herein “Service”).
DealMate Real Estate, LLC is a Florida-based company with a business office located in St. Petersburg, Florida.
Your access to and use of the Service is conditioned on your acceptance of and compliance with this Agreement. This Agreement applies to all visitors, users, and others who access or use the Service. If you don’t agree with the terms and conditions of this Website, then we ask you to leave this Website. However, if you do use this Website, then that operates as an acceptance and agreement that you agree to be bound by the terms and conditions of this Website.
You agree not to enter or use the Service for any purpose that is not expressly permitted by these terms and conditions or is otherwise unlawful. You further agree to comply with all applicable laws, statutes, ordinances, regulations, contracts, and licenses regarding your use of the Service including, without limitation, those applicable to the Internet, e-mail, privacy, copyrights, trademarks, and data.
If you provide any information to us, you agree to provide only true, accurate, current, and complete information. If you provide information to us about any third party, including, but not limited to, personally identifiable information, you represent and warrant that you are specifically authorized to provide such information to us so that we may use, process, and transfer such personally identifiable information, and you assume all responsibility for dissemination and use of the information provided.
DealMate is operated in compliance with all applicable federal and state housing laws.
Terms for Sellers of Real Estate:
When you submit information to this Website, you agree and authorize DealMate to share this information with investors or partners associated with DealMate to facilitate a match. You also agree and consent to being contacted by DealMate’s partners either by e-mail, telephone, mail, or any other reasonable means of communication, including autodialed phone calls, text messages, and prerecorded messages from DealMate and its partners, on any landline or cell phone number provided to DealMate, even if such number is on a Do Not Call list and even if charges are incurred for the call or text. You understand that consent to receiving such communications is not a condition of receiving DealMate’s services, and that you can call 1-833-388-DEAL for services should you choose not to receive such communications.
You are obligated to provide information that is accurate and complete so that DealMate can provide you with an investor that is suited for the potential transaction. DealMate reserves the right to terminate service to anyone who provides false, inaccurate, or misleading information.
DEALMATE IS MERELY A MARKETPLACE SERVICE.
All terms and conditions between a home seller and an investor or real estate professional are governed by a separate legal agreement that does not involve DealMate and is solely between the home sellers and the investors.
DealMate does not endorse, validate, or recommend any legal agreements between home sellers and investors. Please consult your own attorney for legal advice.
Referrals provided by DealMate via this website are not recommendations by DealMate for any particular service provider referred and should not be considered as such. You are responsible for vetting referrals and choosing the service provider(s) which best suits your individual needs.
Even though your participation in this marketplace may be terminated by you or DealMate at any time with written notice and is totally voluntary, any referrals that DealMate may have made with an investor prior to termination are still effective.
You agree and acknowledge that DealMate may modify the terms and conditions of this Website and associated services at any time. DealMate will notify you in advance of any significant changes to our services to provide you with the option to discontinue use of the Website and marketplace. Your continued use of the Website and services after the period listed in the notice indicates agreement and acceptance of the new terms and conditions.
For quality assurance:
You agree that DealMate may make a digital recording of any telephone calls with DealMate or one of DealMate’s partners for the sole purpose of providing quality assurance.
Moreover, DealMate’s policy is to respond to claims of intellectual property infringement. DealMate, under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”), and other applicable intellectual property laws will promptly investigate notices of alleged infringement and take appropriate action.
Notifications of claimed copyright infringement should be sent to the designated agent of DealMate’s service provider.
Third-party Advertisements and Links:
This Website may contain third-party advertisements and links to third-party sites. DealMate does not make any representation as to the accuracy or suitability of any of the information contained in those advertisements or sites, and does not accept any responsibility or liability for the conduct or content of those advertisements and sites, nor for the offerings made by the third parties. Third-party advertisements or links to other sites where goods or services are advertised are not endorsements or recommendations by DealMate of the third-party sites, goods, or services. DealMate takes no responsibility for the content of the ads, promises made, or the quality or reliability of the products or services offered in all advertisements.
Accuracy of Information:
DealMate intends that the information contained on our Website be accurate and reliable; however, errors sometimes occur. In addition, we may make changes and improvements to the information provided at any time. Accordingly, we do not guarantee the accuracy of any information available on this Website, and are not responsible for any errors, omissions, or misrepresentations. Any information should be independently verified.
Marketing statements or assertions made by DealMate on this Website related to potential savings a homeowner might obtain through use of our services are premised upon mathematical assumptions and hypotheticals that may not be applicable to every situation. Any such statements or assertions made on this Website regarding the “savings” or “average savings” of a homeowner are based upon DealMate’s own internal analysis of market data, may not be universally accurate, and are only intended to illustrate a financial distinction between use of our services versus traditional real estate services.
Arbitration:
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
These terms and conditions and all matters arising out of or in connection with the Website and/or terms and conditions shall be governed by and interpreted according to the laws of the State of Florida (without applying the state’s conflict-of-law principles).
Any dispute arising out of or connected with this Website and/or these terms and conditions not resolved amicably between you and DealMate shall be resolved exclusively by binding arbitration as follows. You agree to give up your right to go to court to sue or seek relief from us.
Arbitration shall take place in St. Petersburg, Florida, and shall be administered under the procedures established by the American Arbitration Association or as may otherwise be agreed upon by the parties.
The party asserting the dispute (the “Petitioner”) shall indicate an intent to commence arbitration hereunder by giving written notice of such intent to the other party (the “Respondent”).
If the Petitioner and Respondent are unable to resolve the dispute within 15 days following receipt of the above notice, arbitration shall commence upon delivery by the Petitioner to the Respondent of a petition complying with the Arbitration Rules of the American Arbitration Association (the “Rules”) and setting forth at a minimum (i) the acts or omissions complained of, (ii) the section(s) of the terms and conditions breached or otherwise involved, and (iii) the relief sought. The Respondent shall respond to such petition in conformity with such Rules, and a counterclaim shall be permitted if timely filed and served.
The arbitration shall be conducted by a single arbitrator in conformance with such Rules except that (i) the Petitioner and Respondent may provide any instructions to the arbitrator(s) which deviate from such Rules as the Petitioner and Respondent may mutually agree, and (ii) unless the Petitioner and Respondent mutually agree otherwise, they shall have the right to conduct discovery in any manner and to the extent authorized by the Federal Rules of Civil Procedure as interpreted by the Federal courts in the Eastern District of Florida.
If the Petitioner and Respondent are able to agree upon a single arbitrator within 10 days following commencement of the arbitration, such individual shall serve as the arbitrator. If the parties cannot mutually agree upon the selection of an arbitrator within 10 days following commencement of the arbitration, the arbitrator shall be selected in accordance with the rules of the then-effective Commercial Arbitration Rules of the American Arbitration Association.
With respect to any award in arbitration, the arbitrator shall issue an award in writing which (A) sets forth findings of fact, (B) resolves each specific claim, (C) attaches a reasoned opinion, and (D) is signed by the arbitrator. The arbitrator may compel specific performance by the Petitioner or the Respondent of its obligations under the terms and conditions or award injunctive relief to restrain any breach of the terms and conditions by a Petitioner or Respondent, in each instance without the necessity of the Petitioner (A) alleging or proving damages as a result of the breach, or (B) posting any bond; provided, however, that seeking or obtaining equitable relief shall not preclude a party from also seeking or obtaining an award for money damages. The arbitrator shall equitably allocate between the Petitioner and Respondent all (A) administrative fees and expenses of the arbitrator(s) and the arbitration, and (B) fees (including reasonable legal fees) and expenses incurred by the prevailing party.
Judgment upon an award in arbitration may be entered in any court of competent jurisdiction in the United States.
Class Action Waiver:
You agree that you will resolve any disputes or claims with DealMate on an individual basis, and that any claims arising out of or in connection with the Website and/or these terms and conditions will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. You further agree not to participate in any consolidated, class, or representative proceeding brought by any third party arising out of or in connection with the Website and/or these terms and conditions.
If any court or arbitrator determines that the preceding waiver is void or unenforceable or that arbitration can proceed on a class basis, then the dispute or claim will not be subject to arbitration.
For any dispute or claim that is not subject to arbitration, you consent to exclusive jurisdiction and venue in the federal courts sitting in the Middle District of Florida, unless no federal subject matter jurisdiction exists, in which case you consent to exclusive jurisdiction and venue in the state courts sitting in Pinellas County, Florida. You hereby irrevocably waive, to the fullest extent permitted by applicable law, any objection which you may now or hereafter have to the laying of venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.
Modifications to the Website and Terms and Conditions:
We are entitled to terminate or modify all or part of any of the Website at any time, without notice to you. We encourage you to check the Website regularly to ensure you are aware of the current terms.
We may modify these terms and conditions at any time by updating this posting. If we do so, we’ll also update the effective date at the top of this page.
Prohibited Activity:
You agree not to engage in the following prohibited activities:
(a) Engaging in activities or submitting materials that could be harmful to minors;
(b) Submitting materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
(c) Engaging in activity or submitting materials that harasses or advocates harassment of another person;
(d) Engaging in activity, or submitting materials, or promoting information that is false, misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
(e) Engaging in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” or harvesting or otherwise collecting personally identifiable information about Website users, including names, phone numbers, addresses, email addresses, without their consent;
(f) Submitting materials that contain viruses, Trojan horses, worms, or any other similar forms of malware;
(g) Submitting materials that display pornographic or sexually explicit material of any kind;
(h) Submitting materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(i) Submitting materials that contain restricted or password-only access pages, or hidden pages or images;
(j) Engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes;
(k) Using any robot, spider, cancelbot, other automatic device, or manual process to monitor, copy, or “scrape” web pages or the content contained on the Website without our prior written consent;
(l) Decompiling, reverse engineering, or disassembling the software or attempting to do so;
(m) Taking any action that imposes an unreasonable or disproportionately large load on the Website or our hardware and software infrastructure or that of any of our licensors or suppliers;
(n) Using any of our trademarks as metatags on other websites;
(o) Using the service in any manner that is illegal or impairs the operation of the service or its availability or usage by others;
(p) Displaying any part of the service in frames (or any content via in-line links);
(q) Decompiling, reverse engineering, or disassembling the software or attempting to do so.
Indemnification:
You hereby agree to indemnify and hold harmless DealMate and its affiliates, officers, members, directors, employees, shareholders, information providers, suppliers, and licensees (collectively, “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorney’s fees, incurred by any Indemnified Party in connection with any claim arising out of:
(a) Any claim that you misappropriated, infringed, or otherwise violated any privacy or trademark, copyright, or other intellectual property right of any third party, and/or
(b) Any breach, or alleged breach, of any of the terms and conditions of this Website by you.
Disclaimer of Warranties:
You expressly acknowledge and agree that your use of the Website and associated referral service is at your sole risk. This is provided on an “AS IS”, “WITH ALL FAULTS”, and “AS AVAILABLE” basis. DealMate makes no representations or warranties relating to the Website and associated services, including, without limitation, representations or warranties that:
(a) The Website and associated services shall meet your requirements;
(b) The operation of the Website and associated services will be uninterrupted or error-free;
(c) The Website and associated services will be secure; or
(d) Any defects in the Website and associated services will be corrected. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEALMATE HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, ORAL, OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT DEALMATE KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEALMATE FURTHER DISCLAIMS ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS OF QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability:
IN NO EVENT SHALL DEALMATE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE TERMS AND CONDITIONS OF THIS WEBSITE AND ASSOCIATED SERVICES, WHETHER FOR BREACH OF CONTRACT, IN TORT, OR OTHERWISE, EVEN IF DEALMATE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH DAMAGES ARE A REASONABLY FORESEEABLE CONSEQUENCE OF A BREACH OF THIS AGREEMENT OR A TORT THAT FALLS WITHIN THE SCOPE OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall DealMate’s total liability to you for any damages arising out of or in any way connected with the Terms of Service or the Service, whether for breach of contract, in tort, or otherwise, exceed ten dollars ($10).
Accounts:
You have no obligation to work with DealMate to buy or sell a home, and you can terminate your account at any time.
When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the agreement, which may result in immediate termination of your account on our service.
You are responsible for safeguarding the password that you use to access the service and for any activities or actions under your password, whether your password is with our service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Any information you obtain from the DealMate Website is intended for your personal, non-commercial use. You will not copy, redistribute, or retransmit any of the information provided except in connection with your personal home search.
Termination:
We may terminate or suspend access to our service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the agreement.
All provisions of the agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Upon termination, your right to use the service will immediately cease. If you wish to terminate your account, you may simply discontinue using the service.
You agree to indemnify and hold harmless DealMate Real Estate Parties (defined above) from and against any and all losses, expenses, damages, and costs, including, without limitation, reasonable attorney’s fees, resulting from your violation of the agreement. You also agree to indemnify and hold harmless the DealMate Real Estate Parties from and against any and all claims brought by third parties arising out of your use of any service and the content you make available via the service by any means, including, without limitation, through a posting, a link, reference to content, or otherwise.
DealMate has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that DealMate Real Estate, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.
Communications:
By submitting a form to DealMate, you consent to have DealMate or one of its partners contact you via autodialed phone calls and text messages, and prerecorded messages, on the landline or cell number provided, even if your number is on any Do Not Call list and even if you are charged for the call or text. Your consent is not a condition of receiving DealMate’s services. You can call 1-833-388-DEAL for services if you do not consent.
Miscellaneous:
If any provision of this agreement is unlawful, void, or unenforceable, then the unlawful, void, or unenforceable provision shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remaining sections of the terms and conditions shall remain in full force and effect.
Contact Us:
Any feedback, comments, requests for technical support, and other communications should be directed to customer service at 1-833-388-DEAL. Hours of operation are from 9:00 am to 5:00 pm, Eastern Time, Monday through Friday, excluding holidays.
