Legal

Terms of Service

Last updated: [DATE]

These terms govern your use of this website, operated by Home Buyers WA, a trade name of Prism Development LLC [NEEDS: WA UBI number. AND SEE BLOCKER — the trade name registered with the WA Department of Revenue is “Prism Homes,” NOT “Home Buyers WA.” RCW 19.80 requires registering every name a business operates under, so “Home Buyers WA” must be added to the business licence before this sentence is accurate] (“we,” “us”). By using this site or submitting information through it, you agree to them. If you do not agree, please do not use the site.

These terms include limitations on our liability and an indemnity you give us. Please read section 14 and section 15 in particular.

1. Who may use this site

By using this site you confirm that you:

  • are at least 18 years old;
  • are a resident of, or authorised to do business in, the United States; and
  • are legally able to enter into a binding agreement.

If any of those is not true, please do not use this site.

2. We are a buyer, not your agent

Home Buyers WA buys residential property directly from owners. Depending on the property, we may purchase it for our own account or assign our rights under the purchase contract to another investor. In either case we are acting as a buyer of your property or of our own contract rights — not as a broker marketing your property on the open market. We are not licensed real estate brokers or agents, we do not represent you in the sale of your property, and we owe you no fiduciary duty. We are on the other side of the transaction from you. You are free — and encouraged — to consult your own attorney, accountant or licensed real estate professional before selling.

3. Nothing on this site is an offer

Information on this site is general and for marketing purposes. It is not an offer to purchase any specific property, and no statement here creates a binding obligation on either of us. Any actual offer from us is made only in writing, after we have evaluated the property, and becomes binding only through a signed purchase and sale agreement.

Figures shown on this site — timelines, cost comparisons, percentages and worked examples — are general illustrations. They are not promises about your property or your transaction, and your actual result may differ.

4. No professional advice

Nothing on this site is legal, tax, financial or investment advice, and nothing here creates a professional relationship between us. Decisions about selling your home have significant financial and tax consequences, and you should take your own advice on them.

5. Information you submit

By submitting our form or otherwise contacting us, you represent that:

  • you own the property you are asking about, or are authorised to act on the owner’s behalf;
  • the information you give us is accurate to the best of your knowledge; and
  • you are asking us to contact you about that property.

Submitting the form costs nothing and obligates you to nothing. It does not create an agency relationship, a listing agreement, or a contract of any kind. You may ask us to stop contacting you at any time.

You keep ownership of what you send us. You give us permission to use it only to evaluate the property, to respond to you, and to carry out a transaction if you enter one — and for no other purpose.

6. Calls, texts and messaging

If you provide a phone number and check the SMS consent box, you agree that we may call and send text messages to that number, including by automated means, regarding your property. Consent is not a condition of any purchase or sale. Reply STOP to opt out of texts at any time, or tell us and we will stop calling.

Message frequency varies. Message and data rates may apply, and you are responsible for any charges your mobile carrier applies to messages or data used in connection with this site. See our Privacy Policy for how we handle your number.

7. Marketing email

Any marketing email we send is opt-in, identifies us, and carries a working unsubscribe link. You can also unsubscribe by emailing us at the address in section 21. You may not use this site or any address associated with it to send unsolicited commercial email.

8. Your information and privacy

How we collect, use and share what you submit is described in our Privacy Policy, which forms part of these terms. If the two documents conflict on a privacy question, the Privacy Policy governs.

9. Site content and intellectual property

The content of this site — text, layout, graphics, logos, and the Home Buyers WA name and marks — belongs to us or our licensors and is protected by copyright and trade mark law. You may view it, and download or print a single copy for your own personal, non-commercial use.

You may not, without our prior written permission:

  • copy, republish, redistribute or sell any part of the site;
  • use automated means to access, scrape, index, harvest or copy the site or its data;
  • frame the site, or present any part of it as though it were yours; or
  • remove or obscure any copyright, trade mark or other proprietary notice.

10. Acceptable use

You agree not to:

  • use the site for any unlawful purpose, or in breach of any applicable law;
  • submit information about a property you have no ownership of or authority over;
  • impersonate anyone, or misrepresent your connection to any person or entity;
  • submit anything false, misleading, defamatory, harassing or obscene;
  • upload or transmit any virus, malware or other harmful code;
  • attempt to gain unauthorised access to the site, its servers, or any connected system;
  • interfere with the operation of the site, or place an unreasonable load on it; or
  • collect or harvest personal information of other users.

We may suspend or block access for anyone we reasonably believe is doing any of these.

11. Third-party links and services

This site may link to, or rely on, services operated by others. We do not control them, we do not endorse them, and we are not responsible for their content, their products, or how they handle your information. Your dealings with any third party are between you and that third party.

12. Availability and monitoring

We do not promise that the site will be available without interruption, that it will be error-free, or that every statement on it is current. We may change, suspend or remove any part of it at any time, and we are not liable for any delay, interruption or error, including one caused by events outside our reasonable control.

We may monitor use of the site for security and operational purposes. Using it means you consent to that monitoring.

13. Disclaimer of warranties

The site is provided “as is” and “as available,” with all faults. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, title, accuracy, and non-infringement.

Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

14. Limitation of liability

To the fullest extent permitted by Washington law, we are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost data, or loss of goodwill, arising out of your use of this site — even if we have been advised such damages are possible.

Our total liability to you for all claims relating to this site is limited to one hundred US dollars ($100).

Nothing in these terms limits any liability that cannot lawfully be limited, and nothing here limits your rights under the Washington Consumer Protection Act. This section does not apply to obligations under a signed purchase and sale agreement, which has its own terms.

15. Indemnification

You agree to indemnify and hold harmless Home Buyers WA, its owners, officers, employees and affiliates from any claim, loss, liability or expense (including reasonable legal fees) arising out of your breach of these terms, your misuse of the site, or your submission of information about a property you had no authority over. This does not apply to the extent a claim arises from our own negligence or wilful misconduct.

16. Termination

We may suspend or terminate your access to the site at any time, with or without notice. Sections 9, 13, 14, 15, 17 and 18 survive termination.

17. Governing law, venue and time limit

These terms are governed by the laws of the State of Washington, without regard to its conflict-of-laws rules. Any dispute will be brought exclusively in the state or federal courts located in King County, Washington, and you consent to their jurisdiction.

Any claim relating to this site must be brought within one year after it arises, or it is permanently barred, except where a longer period is required by law.

[DECISION NEEDED — ARBITRATION. There is deliberately no arbitration clause or class-action waiver here, and the page these terms were modelled on does not have one either. That is the single largest gap in this document. The main litigation risk for a business that calls and texts inbound leads is a TCPA class action, and a properly drafted arbitration clause with a class-action waiver is the standard defence against exactly that. A badly drafted one is worse than none — it can be struck as unconscionable and take the rest of the clause with it — so this needs a Washington attorney to draft, not a template. Raise it at the same legal review as the SMS consent language.]

18. General

  • Assignment. You may not assign these terms without our written consent. We may assign them in connection with a sale or reorganisation of our business.
  • Severability. If any provision is held unenforceable, the rest stays in force and the unenforceable provision is narrowed to the minimum extent necessary.
  • No waiver. If we do not enforce a provision, that is not a waiver of our right to enforce it later.
  • Entire agreement. These terms and the Privacy Policy are the entire agreement between us regarding this site, and replace any earlier understanding about it.
  • No third-party beneficiaries. These terms do not give rights to anyone other than you and us.

19. Notices

We may give you notice by email to the address you provided, or by posting on this site. You may give us notice by email or post to the address in section 21.

20. Changes to these terms

We may update these terms. The date at the top reflects the current version, and continuing to use the site after a change means you accept it. If a change is material, we will make that clear on this page.

21. Contact

Home Buyers WA
4055 Lake Washington Blvd, Suite 100
Kirkland, WA 98033
(206) 657-6149
admin@prismdevelopment.us
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