Please read these terms of service (“terms”, “terms of service”) carefully before using wholesaleredefined.com website (the “service”) operated by Real Estate Redefined, LLC (“us”, ‘we”, “our”).
Conditions of Use
The entire communication with us is electronic. Every time you send us an email or visit our website, you are going to be communicating with us. You hereby consent to receive communications from us. If you subscribe to the news on our website, you are going to receive regular emails from us. We will continue to communicate with you by posting news and notices on our website and by sending you emails. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.
License and Site Access
We grant you a limited license to access and make personal use of this website. You are not allowed to download or modify it. This may be done only with written consent from us.
If you are an owner of an account on this website, you are solely responsible for maintaining the confidentiality of your private user details (username and password). You are responsible for all activities that occur under your account or password.
We reserve all rights to terminate accounts, edit or remove content and cancel orders in our sole discretion.
User Sign up Obligations
You need to sign up for a user account by providing all required information in order to access or use the Services. In particular, we recommend that you use your corporate email address. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if we has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, we may terminate your user account and refuse current or future use of any or all of the Services.
Payment, Refunds, and Subscription Changes
Upon signing up, you will provide us with a valid credit card for payment of the applicable subscription fees. All subscription fees are exclusive of all federal, state, provincial, municipal, or other taxes which you agree to pay based on where the you are located. In the event of updated tax rates, Themis will apply the new tax rate without notice to you. In addition to any fees, you may still incur charges incidental to using the Service, for example, charges for Internet access, data roaming, and other data transmission charges.
You will be charged upon the expiration of any applicable free trial period. Subscriptions cancelled prior to the expiration of any trial period, will not be charged. Monthly Subscribers will thereafter be charged in advance each 30 days. All charges are final and non-refundable.
No refunds or credits will be issued for partial periods of service, upgrade/downgrade refunds, or refunds for periods unused with an active subscription, including, but not limited to, instances involving the removal of a Subscriber.
There are no charges for cancelling a subscription and paying subscriptions cancelled prior to the end of their current billing cycle will not be charged again in the following cycle.
The amount charged on the next billing cycle will be automatically updated to reflect any changes to the subscription, including upgrades or downgrades, and including the addition or removal of discounts included for the purchase of suite services.
All prices are subject to change upon notice. Such notice may be provided by an e-mail message to the Administrator, or in the form of an announcement on the Service.
You may utilize this Service to post investment properties and contracts for the purchase of investment properties that are available for assignment or sale to other investors. You may also create a custom profile to be attached to your listings that contains your website and social media information; provided, however, that your website does not contain other investment property listings that are not posted on our Service.
Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer the Services or otherwise make it available to any third party; (ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; (v) publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; (vi) use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of ours; (vii) violate any applicable local, state, national or international law; (viii) create a false identity to mislead any person as to the identity or origin of any communication; (ix) modify, reverse engineer, adapt or otherwise tamper with the Service or modify another website so as to falsely imply that it is associated with the Service; and (x) knowingly use the Service to upload, post, host, or transmit unsolicited bulk email “Spam”, short message service “SMS” messages, viruses, self-replicating computer programs “Worms” or any code of a destructive or malicious nature.
Listing Properties (Whole Sellers)
By posing a listing to this website, you are affirming and warrantying that you have the legal right to list the property or contract for sale. You shall not list any property for sale that you do not own and any listing for a contract for sale must clearly and conspicuously state that you are listing a contract — not the property — for sale.
You are responsible for complying with all rules, laws, and regulations related to the licensure requirements for selling real estate or real estate contracts and we make no representation, warranty, or guarantee that listing a contract for sale without a real estate license is permitted in your jurisdiction. You are strongly encouraged to consult with an attorney located in your state to discuss the legality and licensing requirements for whole selling real property prior to listing a property or contract for sale on this website.
You agree that any after repair value (ARV) or estimated repairs listing on this website are based on your good faith evaluation of the same, and that you will not list inflated or deflated figures that are misleading to buyers. Violations of this requirement may result in your immediate removal from the system. You further agree that you will indemnify us, including our owners and partners, from any claims related to inaccurate ARV or repair estimates posted on this website.
By participating in our Service, all whole seller’s agree to comply with our Whole Seller Code of Ethics, which is set forth below.
Code of Ethics
Any whole seller who lists a property or contract for sale on this website shall always:
- Ensure that any party that you enter into a contract with fully understands all of the terms of the transaction, including but not limited to the fact that you may assign the contract to another investor.
- Explain to all sellers that you are looking to make a profit and that they may be able to obtain a higher price by listing with a real estate agent but that you offer other benefits, such as a quick closing and no need to spend money to prepare the property for listing.
- If the contract is “subject to” another mortgage, that the borrower understands that he/she/it will continue to be liable for the mortgage and that it is not being paid off as part of the sale.
- Never enter into a contract with someone who has diminished capacity or that can’t understand the terms of the transaction, including but not limited to, individuals that are elderly, on drugs, or that suffer from mental disabilities.
- Never engage in misleading or deceptive practices so as to induce owners to sell you their property or to sell at a lower price.
- Never make an offer on a property without first completing reasonable diligence to determine the appropriate offer price. In other words, do not make site unseen or cold offers with the intention of inspecting the property and then re-negotiating the price.
- Always advise a seller that they have the right to have an attorney or real estate agent assist with the transaction.
Any violation of the Whole Seller Code of Ethics set forth above — whether or not related to a property listed on our website — may result in suspension or termination of your use of the Services.
Listing Properties (Real Estate Agents/Brokers)
Real estate agents and brokers may list properties for sale on our website; however, all properties must be “investment properties” or properties being marketed as needing rehab or for use as rental properties. This site is not intended for marketing to end buyers of retail properties.
Real Estate Agents and Brokers must select the “listed by agent” option when listing a property as the property type when listing a property or contract for sale on behalf of a third party. Real Estate Agents and Brokers must have a valid listing agreement with the owner of the property prior to posting a property to this website. Moreover, real estate agents acting as whole sellers are responsible for complying with all laws related to “net listings” in the agent/broker’s respective jurisdiction.
Real Estate Agents and Brokers are responsible for complying with all rules and regulations of their respective MLS, including but not limited to, dual listing any property listed on this website on the applicable MLS or obtaining the appropriate waiver from the property owner. There is no requirement that the price listed on this site be the same price as listed in the MLS or that the seller provide a commission to buyer’s agents for properties listed on this website.
Under no circumstances shall anyone list a property or contract for sale on this website on behalf of a third party without holding the appropriate license as required by the state where the property is located.
By using this service, you acknowledge that you are responsible for completing your own due diligence prior to purchasing any of the properties or contracts listed on this website. Any after repair value (ARV) or repair estimate provided on this site was provided by the seller and we have taken no action to verify the accuracy of the same. We shall not be responsible for any incorrect information provided by sellers or your failure to conduct the appropriate review of the property or financial projections prior to your purchase of any property listed on this website.
By contacting a seller through this Service, you acknowledge that you understand that investing in real estate is risky and unpredictable, (2) that the real estate market has its ups and downs, and (3) and that unforeseen costs or changes in the market may effect the profitability of any project. As such, any buyer may lose money on any investment project regardless of the projected profits at the time of the purchase.
Spamming and Illegal Activities
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
Verification of License Status or Legal Compliance
We may, but are not required to, validate the license status or legal compliance of any user of this Service. Regardless of whether any verification is done, we are not responsible for ensuring that all users have the proper licensing or are in compliance with federal, state, or local laws when listing properties or contracts for sale on this website. You are responsive for your own compliance with laws applicable to your use of this Service and/or the verification of proper licensure status of parties you do business with.
No Securities or Investments
This service shall not be used to solicit partners, investors, or joint ventures nor shall any party list any fund, syndication, or other investment vehicle. This service is for the sale of real estate and contracts for the purchase or sale of real estate and not the solicitation of investors. If you violate this rule, you will be immediately removed from our systems.
If we receive a complaint from any person against you with respect to your activities as part of use of the Services, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy us on the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as your consent to disclosure of your name and contact information by us to the complainant. We may, in our sole discretion, suspend your account until the completion of our review of any complaint filed against you.
Suspension and Termination
We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to firstname.lastname@example.org within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request.
In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms. You have the right to terminate your user account if we breach our obligations under these Terms and in such event, you will be entitled to prorated refund of any prepaid fees. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your email address and password and deletion of all data in your user account.
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant us the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for our commercial, marketing or any similar purpose. But you grant us permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.
User Generated Content
You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public may be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that we will have the right to block access to or remove such content made available by you if we receive complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by us for this purpose.
Publication on Other Websites or Services
You are free to publish information about properties or contracts you are marketing on other websites, including your own website, and social media and/or to otherwise market your properties outside of this Service. With that being said, you may not market any property listed on this site by other users, including but not limited to, sharing or linking to information about the property on your social media accounts, posting property or contract information to your website, or otherwise sharing information about properties or contracts posted by other users.
Wholesale Redefined, Real Estate Redefined, and the names of individual Services and their logos are trademarks of Real Estate Redefined, LLC. You agree not to display or use, in any manner, the Real Estate Redefined’s trademarks, without our prior permission.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM US, OUR EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
YOU AGREE THAT WE SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL OURENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
You agree to indemnify and hold harmless us, our officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by us.
You acknowledge and agree that we may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
We may provide the ability to integrate the Service with third party products and services that you may use at your option and risk. Access to and use of any third party products and services are subject to the separate terms and conditions required by the providers of the third party products and services. you agree that we no liability arising from your use of any integrations or arising from the third party products and services. We can modify or cancel the integrations at any time without notice.
The failure of either party to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
Choice of Law
By visiting this website, you agree that the laws of the state of Kansas, without regard to principles of conflict laws, will govern these terms of service, or any dispute of any sort that might come between Us and you, or our business partners and associates.
Modifications to These Terms
We may modify the Terms upon notice to you at any time through a service announcement or by sending email to your primary email address. If we make significant changes to the Terms that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of the Services by providing us notice by email within 30 days of being notified of the availability of the modified Terms if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. In the event of such termination, you will be entitled to prorated refund of the unused portion of any prepaid fees. Your continued use of the Service after the effective date of any change to the Terms will be deemed to be your agreement to the modified Terms.