Terms of Service

Welcome to RSA Demo Account! Your use of our websites (such as “https://sellsmartsellfast.com”), apps, and services, and access to our properties (collectively, “Services”) is governed by these Terms. (We refer to our properties as “RSA Demo Account Homes,” but this doesn’t just refer to buildings; it refers to any real property, including land.) Please review these Terms carefully: they contain important provisions that change your ability to bring a lawsuit against us, including warranty and liability disclaimers (Section 1.2), and a Dispute Resolution and Arbitration Provision (Section 1.9) in which both you and we, RSA Demo Account, give up our rights to bring a lawsuit in court or in class actions of any kind. You have the right to opt out of the arbitration agreement (see Section 1.9.9). Please be sure to also review our Privacy Policy, which is incorporated and made a part of these Terms. By using our Services, you agree to be bound by these Terms, forming a contractual relationship between you and RSA Demo Account.

“RSA Demo Account” refers to RSA Demo Account ., its affiliated companies, their predecessors, successors, and assigns, and all of the respective officers, directors, employees, and agents of any of these entities.

We may modify these Terms from time to time and will post the updated agreement at https://sellsmartsellfast.com/terms. You will be deemed to have accepted these Terms as updated if you continue to use our Services after any updates are posted. However, if we materially change the Dispute Resolution and Arbitration Provision below in the future, that change may not apply to any litigation or arbitration between us that was commenced prior to the effective date of the change.

1. General Terms

1.1 Using Our Services

1.1.1 General Requirements

You agree to abide by all local, state, national, and international laws and regulations in your use of our Services.

Our Services are intended only for personal, non-commercial use by U.S. residents aged 18 years and over. If you do not meet these criteria, you must immediately discontinue use of our Services. We reserve the right to refuse to provide our Services to anyone at any time.


1.1.2 Registered Users

We reserve the right to restrict some of our Services to registered users. If you register an account with us, you must provide accurate, current, and complete account information that we request, and update this information as necessary to keep it accurate, current, and complete.

You may not sell, transfer, or assign your account to anyone else. You are responsible for maintaining the confidentiality of your account name and password, and for all activities that occur while logged in under your account. You agree to notify us immediately at [email protected] of any actual or suspected unauthorized use of your account.


1.1.3 Access

RSA Demo Account grants to you limited permission to access and use our Services in accordance with these Terms. Any use of our Services not expressly permitted under these Terms is prohibited.

1.1.4 Copyrights, Trademarks, and Other Intellectual Property

The intellectual property rights in all content and materials available through our Services, including, but not limited to, text, images, audio, video, interfaces, information, data, and computer code, are the property of RSA Demo Account or licensed to us by third-party providers (collectively, our “Content”).

You are permitted to access our Content only through our Services and you may not copy, modify, sell, reproduce, distribute, republish, display, post, create derivative or collective works from, or transmit in any form our Content, in whole or in part, without our prior written consent, which may be subsequently revoked at our sole discretion.Nothing in these Terms grants you any license or right to use our Content except as expressly stated in these Terms.

1.1.5 Infringement

You agree that you will not use our Services in any manner that infringes the rights of any third party. If you are a copyright holder and believe your work has been used in our Services in a way that constitutes copyright infringement, please send a notice of infringement under the Digital Millennium Copyright Act (“DMCA”) to:

, c/o Legal Team

123 Main Kernersville NC 27284

Phone: Email:

To find out what to include in the notice, click here to read the DMCA

.

1.1.6 Other Restrictions

You agree that you will not use our Services to: (a) impersonate any person or entity or misrepresent your affiliation with any person or entity; (b) engage in spamming, flooding, harvesting of email addresses or other personal information, spidering, screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or any other information, including specifically, property listings available through our Services; (c) attempt to decipher, decompile, disassemble, or reverse engineer any of the technology used to operate our Services; (d) violate any applicable local, state, national or international law; (e) send chain letters or pyramid schemes via our Services; or (f) attempt to gain unauthorized access to other computer systems through our Services.

You agree that you will not use our Services in any manner that could damage, disable, overburden, or impair our Services, or interfere with any other party’s use and enjoyment of our Services.

1.1.7 Submissions

If you submit to us or post through our Services any property listing, testimonial, comment, review, suggestion, images, content, data, or any work of authorship (collectively, a “submission”) including, without limitation, submissions about any of our products or services, such submission may be used by us in any manner. Please do not submit or send any submission to us that you believe contains confidential or proprietary information. No submission sent to us will be considered or treated as confidential information. We do not pre-screen submissions and we have no obligation to read or respond to any particular submission submitted or sent to us.

By submitting or sending a submission to us, you: (a) represent and warrant that the submission is original to you, that no other party has any rights to it, and that any moral rights in it have been waived, and (b) grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, and sublicensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify, and adapt such submission (in whole or part), and/or to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name.

1.1.8 Mobile ID and Identity Verification Data

When you use your mobile device to electronically unlock an RSA Demo Account or a third-party home listed by RSA Demo Account, you authorize your wireless carrier to disclose information about your wireless carrier account, such as subscriber status, payment method, and device details, if available (the “Mobile ID Data”). In addition, when you access the Services through a mobile device to electronically unlock an RSA Demo Account or a third-party home listed by RSA Demo Account, you may be prompted to share identification information (e.g., your U.S. driver’s license or state-issued ID data). By sharing such information, you authorize our third-party identity verification service provider to collect the data displayed on and/or encoded in the barcode of your ID in accordance with its privacy policy, and you authorize us to receive such information (collectively, the “Verification Information”) from such service provider. As discussed in our Privacy Policy, we only use the Mobile ID Data and Verification Information for lawful purposes, including but not limited to identity verification, security of RSA Demo Account and third-party homes listed by RSA Demo Account, and the prevention of fraudulent activity.

1.2 Disclaimers

1.2.1 NO WARRANTY

IMPORTANT!To the fullest extent permitted by law, our Services, our Content, or other content available through our Services are provided “as is” and “as available,” with all faults and without warranty of any kind. RSA Demo Account, on behalf of itself and its service providers, disclaims all warranties of any kind, whether express or implied, relating to our Services, our Content, or other content available through our Services including the implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, quality, accuracy, title and non-infringement, and any warranty arising out of course of dealing, usage, or trade.

1.2.2 ASSUMPTION OF RISK

IMPORTANT!

You use our Services, our Content, or other content available through our Services, at your own discretion and risk. You assume all risk for any damage that may result from your use of our Services, our Content, or other content available through our Services. You are solely responsible for any damage to your property (including any computer system or mobile device used in connection with our Services), or the loss of data that may result from the use of our Services, our Content, or other content available through our Services.

Additionally, you visit RSA Demo Account Homes (including the surrounding premises) at your own discretion and risk. You assume any and all risk for any property damage or loss, or bodily, mental, or personal injury, including death, relating to or arising from visiting the RSA Demo Account Homes.


1.2.3 Not a Legal or Professional Advisor

You acknowledge and agree that RSA Demo Account is not engaged in rendering legal, tax, or other professional services. If legal, tax, or other professional assistance is required (for example, the review of agreements and forms made available to you through our Services), you should seek the services of a competent professional.

1.3 Limitation of Liability

You agree that RSA Demo Account is not liable to you or any other person or entity whatsoever for any loss, damage (whether actual, consequential, special, punitive, direct, or indirect), injury, claim, liability, or other cause of action based upon or resulting from the use or attempted use of our Services or our Content, including but not limited to any claim or damage arising from failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation, computer virus, system failure, theft, destruction, unauthorized access to or alteration of personal records, or the reliance upon or use of data, information, opinions, or other materials accessed through our Services. Additionally, you agree that RSA Demo Account is not liable or responsible for any defamatory, offensive, illegal, or other conduct of third parties.

IMPORTANT! Notwithstanding any provision to the contrary, nothing in these Terms shall affect warranties or legal rights which are incapable of exclusion or restriction under applicable law, including but not limited to rights to damages.

1.4 Indemnification

You agree to indemnify, defend, and hold harmless RSA Demo Account against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of or in any way related to (i) any violation or alleged violation by you of these Terms or any applicable law; (ii) your access, use, or misuse of our Services or our Content; and (iii) any infringement by you of the copyright or intellectual property rights of any third party. You must not settle any such claim or matter without the prior written consent of RSA Demo Account. We reserve the right, at our own expense, to assume the exclusive defense and control of any claim subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.

1.5 Governing Law

These Terms will be governed by the laws of the state of NC, without regard to its provisions relating to conflict of laws, except for the Dispute Resolution and Arbitration Provision below, which is governed by federal law.

1.6 Enforceability

Our failure to enforce any of our rights or to act with respect to a breach by you or by others of these Terms does not constitute a waiver of any rights and will not limit our rights with respect to that breach or any subsequent breaches. No waiver by RSA Demo Account of any of the provisions in these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of RSA Demo Account.

Except as set forth in the Dispute Resolution and Arbitration Provision, if any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

We may assign these Terms, or certain of our rights or obligations under these Terms, to any party at any time without notice to you. You may not assign your rights or obligations under these Terms, by operation of law or otherwise, without the prior written consent of RSA Demo Account.

1.7 Consent to be Contacted; Notices

If you provide, or have provided, a telephone number to us under your name, you confirm that you are the authorized subscriber for the telephone number you have provided, and expressly agree that we may contact you at that number in order to provide you with informational and service messages, including via text message and by using automated telephone technology. Standard message and data rates may apply. You can opt-out of text messages by replying “STOP” to the sender (or following any other sent instructions for how to opt-out).We may record or monitor telephone calls for quality assurance.

If you provide, or have provided, an email or mail address to us, you agree that we may provide notices to you through such means. Unless otherwise stated in the notices, the notices will become effective immediately.

1.8 Dispute Resolution and Arbitration Provision

1.8.1. Definitions

The term “Claim” means any dispute, controversy, or claim arising between you and RSA Demo Account.

For purposes of this section 1.8, the term “RSA Demo Account” and references to “we,” “us,” or “our,” also apply to any third party that you bring a Claim against in connection with a Claim you bring against us.

1.8.2 Informal Negotiations

To expedite resolution and reduce the cost of a Claim, you and RSA Demo Account agree to first attempt to negotiate any Claim against RSA Demo Account (except those Claims expressly excluded below) informally for at least 30 days before initiating any arbitration or court proceeding. These informal negotiations will commence upon written notice. If necessary to preserve a Claim under any applicable statute of limitations, you orRSA Demo Account may initiate arbitration while engaging in the informal negotiations.


1.8.3. Binding Arbitration and Class Action Waiver

Subject to sections 1.8.4 and 1.8.9, you and RSA Demo Account agree that any Claim will be resolved solely by binding, individual arbitration and not in a class, representative, or consolidated action or proceeding. This section 1.8.3 is governed, in all respects, both procedurally and substantively, by the United States Federal Arbitration Act (“FAA”), 9 U.S.C. § 1 et seq. You and RSA Demo Account each waive the right to a trial by jury or to participate in a class action.

IMPORTANT! A Claim may only be brought in an individual capacity. Neither you nor RSA Demo Account may serve as a plaintiff, class member, or participant in any purported class action, collective action, private attorney general action, or any other representative action.

Unless all parties to the arbitration consent in writing, no party to the arbitration may join, consolidate, or otherwise bring claims on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. An award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (i) determine the rights, obligations, or interests of anyone other than a named party, or resolve any claim of anyone other than a named party; nor (ii) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this section.

1.8.4. Claims Not Covered by this Dispute Resolution and Arbitration Provision

Disputes regarding the validity, scope, coverage, or enforceability of any part of this Dispute Resolution and Arbitration Provision or the arbitrability of any claim shall be determined by a court, not an arbitrator. However, disputes regarding the validity or enforceability of these Terms as a whole shall be determined by the arbitrator.

Individual actions in small claims court (or an equivalent court) by you or us are not subject to this Dispute Resolution and Arbitration Provision as long as they remain in that court; however, if the dispute is transferred, removed, or appealed to a different court, the dispute will be subject to arbitration according to these Terms.

To the extent a Claim arises from any purchase or sale agreement between you and RSA Demo Account that has a dispute resolution provision, the dispute resolution provision in that purchase and sale agreement controls and applies to the Claim.

1.8.5. Arbitrator and Arbitration Rules

The arbitration will be conducted by the American Arbitration Association (“AAA”) or JAMS. The appropriate AAA or JAMS rules shall apply, as determined by the arbitrator. These rules can be found at www.adr.org and www.jamsadr.com. In the event of any conflict or inconsistency between this Dispute Resolution and Arbitration Provision, on the one hand, and the administrator’s rules or other provisions of these Terms, on the other hand, this Dispute Resolution and Arbitration Provision will govern.

1.8.6. Arbitration Costs

Each party shall pay their own costs of arbitration as specified by the administrator’s rules. If you cannot afford your arbitration costs, you may apply for a waiver under the relevant rules. We will pay any costs we are required to pay by law or the administrator’s rules or that we must pay in order for this Dispute Resolution and Arbitration Provision to be enforced. The parties will bear their respective attorney, expert, and witness fees and costs, unless applicable law, these Terms, or the administrator’s rules provide otherwise.

1.8.7 Applicable Law and Venue

The arbitrator shall be empowered to grant whatever substantive relief would be available in a court under applicable law on an individual Claim, including, without limitation, compensatory, statutory, and punitive damages (which will be governed by the constitutional standards applicable in judicial proceedings), declaratory, injunctive, and other equitable relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Claim, except as provided in section 1.9.8), and attorneys’ fees and costs. The arbitrator shall apply statutes of limitations and privilege rules that would apply in a court proceeding. The arbitration hearing will take place in the federal judicial district where you reside, or at another place mutually agreeable to the parties.

1.8.8. Survival; Severance

This Dispute Resolution and Arbitration Provision shall survive the termination of these Terms or any other agreements between the parties, and will continue in force even after you cease accessing our website or using our Services, after your account is closed, terminated, or suspended, and after you enter bankruptcy (if permitted under applicable bankruptcy law). This Dispute Resolution and Arbitration Provision may be severed or modified if necessary to render it enforceable, except that: (i) if the Class Action Waiver (Section 1.9.3) is declared invalid in a proceeding between the parties that does not seek public injunctive relief, and that determination becomes final after all appeals have been exhausted, this entire Dispute Resolution and Arbitration Provision (other than this sentence) shall be null and void in such proceeding; and (ii) to the extent that you or RSA Demo Account prevail on a Claim in arbitration and seek injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public, the entitlement and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual Claims in arbitration.

1.8.9. Right to Opt Out of Dispute Resolution and Arbitration Provision

You may opt out of arbitration entirely and litigate any Claim if you provide RSA Demo Account with written notice of your desire to do so within 30 calendar days of either (i) re-agreeing to the Terms or (ii) creating an RSA Demo Account account. Written notice must be sent by email to [email protected]. Any opt out notice must include your name, address, email address, and telephone number and a statement that you opt out of the Dispute Resolution and Arbitration Provision in the RSA Demo Account Terms of Service. If you opt out of this Dispute Resolution and Arbitration Provision, that will not affect any other part of these Terms. Your decision to opt out of this Dispute Resolution and Arbitration Provision also will not affect any other dispute resolution provision that may be contained in a purchase or sale agreement between you and RSA Demo Account; those provisions will remain in full force and effect.

2. Service-Specific Terms

Some terms and conditions are specific to certain of our Services. We’ve broken those out below.

2.1 Invitations to Request an Offer

An Offer Preview, Preliminary Offer, and Estimated Offer, are estimates of an RSA Demo Account Offer (see 2.2.1 below). These estimates are not appraisals. They are invitations for you to request an RSA Demo Account Offer.

2.2 Selling to RSA Demo Account

2.2.1 RSA Demo Account Offers

An RSA Demo Account Offer is an offer by RSA Demo Account to purchase a home. You may be eligible to receive an RSA Demo Account Offer after you provide us with information about your home and (i) you are the owner or represent the owner of the home, (ii) the home is in one of our service areas, (iii) the home meets our current home-buying parameters, which may change from time to time for a given service area under our sole discretion, and (iv) we have had an opportunity to assess your home.

An RSA Demo AccountOffer is not an appraisal. It is the purchase price RSA Demo Account is willing to pay for your home, subject to additional terms, conditions, and fees outlined in the offer.

In the event that RSA Demo Account makes you an offer on your home, RSA Demo Account is not acting as your real estate agent or broker, nor does RSA Demo Account represent you in any capacity as a seller. RSA Demo Account is merely acting as, or on behalf of, a purchaser of real estate. As a seller, you have the right, and it is your responsibility, to independently evaluate and decide whether to accept the RSA Demo Account Offer.

2.2.2 [Reserved]

2.2.3 After You’ve Sold Your Home

After you’ve signed a contract to sell your home, either to us or using our Services, please contact the U.S. Postal Service to set up address forwarding to your new address effective as of your close date. Also, be sure to update your address anywhere that you regularly order packages from. Once your home sale has closed, we disclaim all liability for any mail or packages delivered to the property.

2.3 Visiting an RSA Demo Account Home

2.3.1 Authorized Access

By accessing an RSA Demo Account Home, you confirm that you are entering the home with the express purpose of (1) evaluating the home for potential purchase, or (2) engaging in authorized business with RSA Demo Account. You acknowledge that each access request grants up to 1 hour of time in the home, unless you have express permission from RSA Demo Account for extended on-site presence. RSA Demo Account may revoke permission to access one or more of its homes at any time. If you are asked to leave one RSA Demo Account Home, you lose permission to go to any future RSA Demo Account Home unless you receive notification otherwise from RSA Demo Account.

2.3.2 Authorized Activities

By entering an RSA Demo Account Home, you agree that you will not, and will not assist or enable others, to:

  1. breach or circumvent any applicable law, or these Terms;

  2. access the home if under the age of 18;

  3. smoke, vape, consume alcohol, or use any illicit or illegal substances on the premises;

  4. abandon, leave behind, dump, or otherwise discard any property including, but not limited to, flyers, pamphlets, marketing or promotional materials, trash, garbage, waste product, or any other type of personal property without the express consent of RSA Demo Account;

  5. remove any property from the RSA Demo Account Home other than marketing or promotional materials provided by RSA Demo Account for such use;

  6. use any facilities in the home including, but not limited to, pools, showers, and appliances, other than for the purpose of examining them in the course of reasonable evaluation for purchasing the home;

  7. request access other than through a method authorized by RSA Demo Account (authorized methods include the RSA Demo Account Mobile App, text-to-enter, and a phone call to RSA Demo Account’s Customer Support line);

  8. enter the home other than through the front door;

  9. bring any weapon including, but not limited to, guns, knives, blunt-force objects, and projectiles, into the home or surrounding yard;

  10. avoid, bypass, remove, deactivate, impair, or otherwise attempt to circumvent any technological or security measure implemented by RSA Demo Account or any other third party to protect RSA Demo Account Homes and their contents and surroundings, Services, customers, and/or visitors; or

  11. violate or infringe anyone else’s rights or otherwise cause harm to anyone.

By accessing any RSA Demo Account Home, you accept legal and financial responsibility for any damage you cause to it and, to the fullest extent permitted by law, any bodily, mental, or personal injury, including death, relating to or arising from accessing or visiting theRSA Demo Account Home. If, in accessing an RSA Demo Account Home, whether through an authorized method or not, you provide access to any individuals who have not expressly accepted these Terms, you accept legal and financial responsibility for their behavior including for any breaches by them of Section 2.3 of these Terms.

2.4 Buying an RSA Demo Account Home

2.4.1 As-Is Conveyance

If you contract to purchase a home from RSA Demo Account, you agree to the following additional terms and conditions regarding your purchase of the home (including the premises). In the event of any conflict with the terms of the Purchase and Sale Contract (“Purchase Contract”) governing the purchase of the home, the Purchase Contract shall prevail.

You acknowledge that RSA Demo Account has provided you with an opportunity to inspect the home, and strongly encourages you to seek an inspection on the home by a licensed home inspector. You further acknowledge that RSA Demo Account has not resided in the home and has limited knowledge of it.

Accordingly, you agree that you are acquiring the home on an “as is, and with all faults” basis without representations, warranties, or covenants of any kind with respect to the quality, physical condition, or value of the home, the presence of hazardous substances in or near the home, or expenses associated with the home.

You waive any implied warranty as to habitability and any implied warranty as to the workmanship of any repairs or modifications performed on the home.

You agree that you have had ample opportunity to obtain professional assistance of your choosing, and are relying solely on your own independent judgment and that of your own professional consultants, if any, in entering into the Purchase Contract and purchasing the home.

You will conduct such inspections of the home as you deem necessary and, if you elect to purchase the home, you assume the risk of any adverse conditions, including adverse conditions that may not have been revealed by such inspections.

2.5 Brokerage Representation and Referrals

2.5.1 Representation of RSA Demo Account

In the event you choose to buy an RSA Demo Account Home or sell your home to RSA Demo Account, an RSA Demo Account Brokerage will represent RSA Demo Account in the transaction.

2.5.2 Working with an RSA Demo Account Partner Agent

At your request, an RSA Demo Account Brokerage can refer you to a third-party agent that can represent you in your home purchase or sale (“RSA Demo Account Partner Agent”), and you may be eligible for promotions for working with that agent. Should you choose to work with that agent, the referring brokerage will receive a referral fee. However, we never require you to choose any particular agent to buy or sell a home.

2.5.3 Working with an RSA Demo Account Agent – Agency Relationships

In certain service areas, you may have the option to be represented by an agent at an RSA Demo Account Brokerage (an “RSA Demo Account Agent”) in your home purchase or sale. However, an RSA Demo Account Agent will not be able to represent you if you sell your home to RSA Demo Account, and may not be able to represent you in other types of transactions where an RSA Demo Account Brokerage is representing another party. In those instances, you remain welcome to work with an RSA Demo Account Partner Agent or another agent of your choice.

2.5.4 RSA Demo Account Tour Assistants

In eligible markets, at your request, an agent will meet you to help facilitate visits to homes (“Tour Assistant”). Prior to a home tour, you will receive information about your Tour Assistant. Please note that visiting a home with a Tour Assistant does not establish an agency or contractual relationship between you and that Tour Assistant. We always welcome you to seek representation from the agent of your choice.

2.5.5 RSA Demo Account Agent Access Program

RSA Demo Account’s Agent Access program and all advertising and marketing associated is provided by RSA Demo Account. All commissions are paid through the RSA Demo Account Brokerages. RSA Demo Account reserves the right to change or end the Agent Access program or any promotion at any time.

2.5.6 RSA Demo Account Exclusive Listings

2.6 Current RSA Demo Account Promotions

Please note that, from time to time, we may advertise estimates of what customers can receive pursuant to a given RSA Demo Account promotion. However, the final amounts you will receive, if eligible, will depend on factors like the final price of the home you buy or sell, as well as other associated costs like agent commissions. Consult with your RSA Demo Account representative for more details as to how these promotions apply to your home sale or purchase. Unless otherwise stated, RSA Demo Account promotions may not be combined.

All Rights Reserved © 2024

123 Main Kernersville

NC 27284.