TERMS OF USE
 

These Terms of Use were last revised on October 21, 2021.
 

THIS IS IMPORTANT LEGAL STUFF, SO YOU MUST READ AND AGREE TO THESE TERMS IN THEIR ENTIRETY BEFORE PROCEEDING. 
 

The following summary only highlights certain points and does not replace or alter the full text of the Terms of Use immediately below.

  • Potential sellers may use Off Market only for off-market (not listed on any MLS) residential property that they actually own.

  • Use of Off Market is non-exclusive – you can use, or engage, any other service or professional to buy or sell residential real estate property at any time, but you must remove your property content from Off Market prior to doing so. 

  • A match between a potential seller and a potential buyer is not an offer to buy or sell, nor is it a guarantee that you will buy or sell, off-market residential real estate property.

  • If there is a match, an Off Market Realtor will contact both parties regarding next steps. Potential sellers and potential buyers remain anonymous to one another until an Off Market Realtor is contractually engaged to facilitate a transaction between both parties. 

  • If you use an Off Market Realtor to sell your home, the total commission rate is 3% (half the traditional 6% fee).

  • Off Market does not vet, nor guarantee, the accuracy or completeness of content in Off Market. Potential sellers and potential buyers must have the legal right to use in any way the content (including any pictures) they share or upload to Off Market.

  • Off Market may prevent any user from accessing and using Off Market for any reason at any time in Off Market’s sole discretion.

  • Any dispute between you and Off Market will be arbitrated (see the Important Notice below).

  • Your sole remedy for dissatisfaction with Off Market is to stop using Off Market. To the fullest extent permitted by law, Off Market will have no obligation or liability to you for any reason.

  • Off Market is not providing real estate brokerage services, nor is it acting as your real estate agent.

 

Welcome to Off Market! Off Market, operated by Off Market App, LLC, helps users buy and sell off-market residential real estate property and provides other related services. Off Market is available via our Apple iPhone and Google Android mobile applications, which we will call the “App” for short, and at our website, offmarketapp.com (“Website”). These Terms of Use (the “Terms”) apply to your use of the Website and the App. When we are referring to both the Website and the App together, we will call that the “Services.”


Please read these Terms carefully before using the Services. They set out some important rules for using the Services and they affect your legal rights. To use the Services, you must agree to comply with these Terms, as well our Privacy Policy. We might also provide additional rules for certain features of the Services. We refer to those rules as “Additional Terms.” To use the Services, you must also agree to comply with any Additional Terms. From time to time, Additional Terms may conflict with these Terms. In the event of such a conflict, the Additional Terms will control. Any reference to the “Terms” in this agreement includes the Additional Rules.


Importantly, our Services are not intended for children. If you are under the age of 13, you are not allowed to use the Services or submit any personal information to us. If you are 13 or older but younger than 18, you are only allowed to use the Services with the approval and involvement of a parent or legal guardian. If you do not meet these age requirements, or if you do not agree to be bound by the Terms and Privacy Policy, you are not allowed to use the Services.


IMPORTANT NOTICE: AT THE OUTSET, WE WANTED TO POINT OUT THAT THESE TERMS CONTAIN AN ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER. THESE ITEMS ARE DISCUSSED IN MORE DETAIL IN THE “MANDATORY ARBITRATION; APPLICABLE LAW” SECTION BELOW, BUT, IN SUMMARY, THIS MEANS THAT IF THERE IS A DISPUTE BETWEEN YOU AND OFF MARKET, YOU WILL BE REQUIRED TO ARBITRATE ANY CLAIMS YOU HAVE AGAINST US ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS YOU WILL NOT HAVE THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.


CONTENT DISCLAIMER


The Services are intended primarily to help users “match” with other users who want to buy or sell off-market (not listed on any MLS) residential real estate property. Once a potential buyer and/or potential seller have expressed interest in one another’s profiles, it will be a “match” and an Off Market Realtor will contact both parties regarding next steps. Potential sellers and potential buyers remain anonymous to one another until an Off Market Realtor is contractually engaged to facilitate a transaction between both parties. If you use an Off Market Realtor to sell your home, the commission rate will be 3% (half the traditional 6% fee).


While the Services are provided for your benefit, Off Market is not able to make any guarantees regarding the number or frequency of matches you may receive through the Services or your ability to actually buy or sell off-market residential real estate property identified through the Services. Identification of any particular off-market residential real estate property or a match is not an offer to buy or sell, nor is it a guarantee that you will buy or sell, off-market residential real estate property. All buy or sell decisions are subject to all applicable laws and regulations.
Use of the Services is non-exclusive. This means that you are free to use, or engage, any other service or professional to buy or sell your residential real estate property at any time. However, if you list your property on any multiple listing service (“MLS”), you agree to remove your property, and any related content, from the Services prior to you or your agent listing your property on any MLS. In addition, you acknowledge and agree that Off Market will remove any property content if Off Market becomes aware that such content is related to an active listing in any MLS.


As a potential seller, you may only share or upload content for residential real estate property that you actually own. Immediately upon Off Market’s request, you will provide proof you are the owner of the applicable property.


Off Market is not providing real estate brokerage services, nor is it acting as your real estate agent.


OFF MARKET’S INTELLECTUAL PROPERTY RIGHTS


The Services and all of the content, features, and functionality of the Services (we’ll call this the “Content”) are owned by Off Market App, LLC or used by Off Market App, LLC with permission. The Content includes text, graphics, videos, software, and all other features of the Website and the App. Similarly, any trademarks, logos, or trade dress displayed on the Services are owned by Off Market App, LLC or used with permission.


We grant you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to use the Services available to you, which will differ based on which Services you choose to use, for your personal, non-commercial use. Aside from this limited right to use the Services, you will not acquire any rights in the Services by using the Services, if applicable. You are not allowed to modify, copy, or distribute the Content in any way without our permission, or use the Content in any manner not permitted by these Terms. The Services and the Content are protected by United States and international intellectual property laws. Any unauthorized use of the Services or the Content may violate copyright laws, trademark laws, or other laws and regulations.


You may give Off Market suggestions or ideas (“Feedback”). You hereby assign to Off Market all of your right, title, and interest in and to the Feedback without compensation to you. To the extent applicable law does not permit assignment of the Feedback, you hereby grant Off Market a perpetual, irrevocable, worldwide, exclusive, transferable, sublicensable, fully paid-up, royalty-free license to use the Feedback in any manner. You hereby irrevocably waive, to the fullest extent permitted by applicable law, any claims and assertions of moral rights or attribution with respect to your Feedback.

YOUR INTELLECTUAL PROPERTY RIGHTS

Content that you share or upload to Off Market, including via the Website or App, may be protected by intellectual property laws. When you share, post, or upload such content with Off Market or via the Website or App, you automatically grant us a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, unlimited, irrevocable, and worldwide license to host, use, reproduce, publish, edit, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings), as well as your name, image, voice, and likeness, in any media or medium, or any form, format, or forum now known or hereafter developed, except where prohibited by law. We may sublicense these rights through multiple tiers of sublicenses. You are solely responsible for your content, and acknowledge that once published, we cannot always remove it. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE IN ANY WAY WITHOUT RESTRICTION ANY CONTENT YOU SHARE OR UPLOAD TO THE SERVICES.


You may not share or upload content to Off Market that:

 

  • Relates to commercial (non-residential) property; is listed for sale on any MLS; identifies (directly or indirectly) the location of any property; includes or identifies any person’s (including your) personal information; or is owned by any individual or entity other than yourself;

  • Is false, defamatory, libelous, or untrue; obscene, pornographic, violent or otherwise may offend human dignity, or contains nudity; likely to be deemed offensive or to harass, upset, embarrass, alarm or annoy any other person; abusive, insulting or threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry;

  • Encourages or facilitates any illegal activity;

  • Is considered “junk” mail or “spam”;

  • Infringes upon any third party’s rights (including, without limitation, intellectual property rights and privacy rights);

  • Is inconsistent with the intended use of the Services; or

  • May harm Off Market’s reputation.

 

REGISTRATION AND ACCOUNTS


To take advantage of many aspects of the Services, you will need to register an account with Off Market. You are required to provide accurate and complete registration information. If that information changes, you must promptly update your account. Failure to update account information, use of false, misleading, or incomplete registration information, or any other violation of these Terms may result in suspension or termination of your account. During registration, you will provide your email, create a password, and provide personal information, such as your name, address, email address, and phone number.


You are responsible for protecting and maintaining the confidentiality of your account. You are responsible for any activity that occurs under account, whether or not you have authorized the activity. You agree to notify us immediately at admin@offmarketapp.com of any breach or unauthorized use of your account.


Once registered, you can terminate your account by notify us at admin@offmarketapp.com.


PROHIBITED USE OF THE SERVICES


When using the Services, you will not do any of the following:

 

  • Remove, infringe, or alter any copyright, trademark, trade secret, patent or other rights of any party or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person) on the Services;

  • Misrepresent any information about yourself or your property;

  • Circumvent, disable or otherwise interfere with any security-related features of the Services or cause Off Market to lose (in whole or in part) the services of our Internet service providers or other suppliers, including but not limited to using the Services in a manner designed to interrupt, destroy or limit the functionality of, any computer software or hardware or telecommunications equipment (including by means of software viruses or any other computer code, files or programs);

  • Use an automatic device (such as a robot or spider) or manual process to copy or scrape the Services;

  • Express or imply that any statements you make are endorsed by Off Market;

  • Collect or harvest any personally identifiable information from the Services or use the Services to send any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

  • Harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any person;

  • Use the Services in relation to fraud, a pyramid scheme, or other similar practice;

  • Copy, modify, transmit, distribute, or create any derivative works from the Content or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Services;

  • Attempt to or interfere with the proper working of the Services or engage in any conduct that inhibits any other user from fully enjoying the Services;

  • Decompile, reverse engineer, attempt to extract the source code of the software underlying the Services or disassemble any portion of any the Services;

  • Use network-monitoring software to determine architecture of or extract usage data from the Services;

  • Engage in or encourage conduct that violates any local, state or federal law, or impersonate another person or entity (e.g., accessing another member’s account without permission,);

  • Tamper with or abuse any aspect of the Services, or act in an unsportsmanlike or disruptive manner, or in a manner likely to harass, annoy, bully, threaten, or intimidate, as solely determined by Off Market, members, managers, officers, employees, or authorized agents of Off Market, or its related or affiliated entities;

  • Link to materials or other content, directly or indirectly, to which you do not have a right to link;

  • Violate, or encourage anyone to violate, these Terms, any ancillary terms and conditions listed on the Services, or the Privacy Policy;

  • Violate, or encourage to violate, any applicable local, state, national, or international law, regulation, or order; or 

  • Fail to remove any content you submitted or posted after Off Market has asked you to do so.

 

This is not an exhaustive list of the prohibited uses of the Services. Off Market reserves the right (but does not have any obligation) to monitor the use of the Services and to prevent any user, including users with registered accounts, from accessing and using the Services for any reason at any time, including any violation of these Terms or any laws and regulations. These decisions are made by Off Market in its sole discretion.


LINKS TO OTHER WEBSITES


The Services may contain links to websites and services operated by other companies. We are not responsible for the availability of these external websites or services and we do not necessarily endorse the content or services they provide.


MOBILE TERMS


For Off Market users that utilize any text messaging features provided by us, these “Mobile Terms” apply to your use of such features. Off Market utilizes SMS messaging to, among other things, inform and remind users of pending matches, off-market residential real estate property that matches certain criteria, and match status (the “Program”). If you do not wish to continue participating in the Program or no longer agree to these Mobile Terms, you can reply “STOP” to any mobile message from us in order to opt out of the Program.


The Program allows users to receive SMS/MMS (“mobile”) alerts that include information related to the services provided by Off Market. Users must affirmatively opt into the Program, such as by signing up online, or by texting a keyword to Off Market’s telephone number in response to a request. Regardless of the opt-in method you utilized to join the Program, you agree that these Mobile Terms apply to your participation in the Program. The mobile messaging service used by Off Market to communicate with you does not have the capacity to randomly or sequentially generate telephone numbers.  Thus, Off Market’s mobile messages are not sent to you by an automatic telephone dialing system (“ATDS” or “autodialer”).  Nevertheless, by signing up to receive mobile alerts from Off Market, you agree to receive autodialed mobile messages from Off Market.  


Off Market may also offer various applications or services that enable or incorporate one-to-one messaging, such as by allowing you to send text messages to your contacts regarding off-market residential real estate property. You are fully responsible for the text messages you choose to initiate through such applications or services.    


Message and data rates may apply.  The Program involves recurring mobile messages, and additional mobile messages may be sent based on your interaction with Off Market and/or the Program.


If you are experiencing issues with the Program you can reply with the keyword HELP for more assistance, or you can get help directly at admin@offmarketapp.com.


To opt out of receiving mobile messages from Off Market, reply “STOP” to any mobile message you received from us on your mobile device.  This is the easiest and preferred method to opt out receiving mobile messages through the Program. You may receive an additional mobile message confirming your decision to opt out. The Program may recognize or respond to additional commands and keyword queries.  Thus, you may receive additional informational text messages based on your interaction with the Program, even after opting out of receiving the Program’s alerts.  You acknowledge and agree that, notwithstanding any prior opt-out attempt, you consent to receive further messages from or on behalf of Off Market that result from your continued communication with the Program. Off Market may also provide you instructions on how to rejoin receiving the Program’s recurring mobile alerts when you unsubscribe.  You agree that you are subject to the Mobile Terms, including any modifications thereto then in effect, when you resubscribe to the Program through any of the available options to do so.  


Off Market will not be liable for any delays or failures in the receipt of any messages connected with this Program. Delivery of messages is subject to effective transmission from your wireless service provider/network operator, and is outside of Off Market’s control. Carriers are not liable for delayed or undelivered messages.


You warrant and represent that you will not provide to Off Market any telephone number that is not assigned to you, and that if you obtain a new telephone number, you will promptly notify Off Market that your prior telephone number is no longer assigned to you.


INDEMNIFICATION


You agree to defend (at Off Market’s option), indemnify, and hold Off Market harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the Services, any breach by you of these Terms, or any content that you share or upload to Off Market. We reserve the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with us if and as requested by us in the defense and settlement of any such matter.


DISCLAIMERS


YOUR USE OF THE SERVICES IS DONE SOLELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. OFF MARKET DOES NOT VET, NOR GUARANTEE, THE ACCURACY OR COMPLETENESS OF CONTENT. OFF MARKET HAS NO OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS USING THE SERVICES, NOR DOES OFF MARKET HAVE ANY OBLIGATION TO MONITOR THE USE OF THE SERVICES. OFF MARKET DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS.


OFF MARKET MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATED TO THE SERVICES OR THE CONTENT OR COMMUNICATIONS ON THE SERVICES, OR ANY WEBSITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SERVICES (INCLUDING THIRD-PARTY WEBSITES AND SERVICES), TO THE EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, OFF MARKET EXPRESSLY DISCLAIMS ANY:

 

  • WARRANTIES THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS;

  • WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE SERVICES;

  • WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE;

  • WARRANTIES FOR GOODS OR SERVICES RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR ACCESSED THROUGH THE SERVICES;

  • WARRANTIES THAT ERRORS IN THE SERVICES WILL BE CORRECTED.


ANY CONTENT OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH YOUR USE OF THE SERVICES IS DONE AT YOUR OWN RISK. OFF MARKET WILL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR DEVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT OR SOFTWARE AND/OR USE OF THE SERVICES.


LIMITATION ON LIABILITY


A. TO THE FULLEST EXTENT PERMITTED BY LAW, OFF MARKET AND ITS EMPLOYEES, PARTNERS, AND AFFILIATED COMPANIES WILL HAVE NO OBLIGATION OR LIABILITY TO YOU OR ANY OTHER PARTY UNDER ANY LEGAL THEORY (WHETHER CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DAMAGES OR LIABILITIES (INCLUDING DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF (OR INABILITY TO USE) THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE, INCLUDING, BUT NOT LIMITED TO, ANY SUCH DAMAGES OR LIABILITIES ARISING OUT OF OR IN CONNECTION WITH THE RECEIPT, LOSS OR FORFEITURE OF, ANY REAL ESTATE TRANSACTION, WHETHER MONETARY OR NON-MONETARY, IN WHOLE OR IN PART. THIS LIMITATION OF LIABILITY APPLIES EQUALLY TO ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF PRODUCTS OR SERVICES ACCESSIBLE THROUGH (INCLUDING BY LINKS TO THIRD-PARTY WEBSITES) OR ADVERTISED IN CONNECTION WITH THE SERVICES. In addition, when using the Services, information will be transmitted over a medium which is beyond the control and jurisdiction of Off Market or any other third party mentioned on the Services. Accordingly, Off Market assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Services.


B. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.


C. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, OR IN ANYWAY RELATED TO THESE TERMS, MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR SUCH CLAIM WILL BE FOREVER BARRED.


D. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
 

UPDATES TO THE SERVICES AND THESE TERMS


From time to time, we may modify or discontinue aspects of the Services or modify these Terms. We will have no obligation or liability to you for any changes to the Services. When we modify the Terms, we will provide our users with notice of these changes (1) by posting a general notice on the Services, (2) by sending an email to users on file, and/or (3) by updating the “last revised” date at the top of these Terms. This is also how we will notify you of changes to any Additional Terms. By continuing to use the Services after we post any changes, you accept the updated Terms or Additional Terms.


MANDATORY ARBITRATION; APPLICABLE LAW


By using the Services, you and Off Market agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Services or the breach, enforcement, interpretation, or validity of these Terms or any part of them, except for disputes that qualify for small claims court (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent to:

 


Both you and Off Market agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights.


All such disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, as amended by this agreement to arbitrate, before one arbitrator to be mutually agreed upon by both parties. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances; provided, however, that, upon request by you, JAMS may hold an in-person hearing in your hometown area.


The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable. The arbitrator shall issue a written statement with the disposition of each claim and a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.


These Terms will be governed by and construed under the laws of the United States (including the Federal Arbitration Act) and the Commonwealth of Virginia, without regard to conflicts of law principles.


CHOICE OF FORUM


Unless you and Off Market agree otherwise, if it is determined that a Dispute should not proceed through arbitration, you agree that any Dispute (with the exception of a claim or dispute appropriately lodged in any small claims court in the United States of America) shall be resolved by a court located in Fairfax County, Virginia.


COPYRIGHT POLICY


Off Market respects the intellectual property interests of other parties. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Off Market with the written information specified in this section.


To be effective, the notification must be a written communication that includes the following:

 

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  • A copy of the copyrighted work that you claim has been infringed, or a description of the copyrighted work, including the URL (i.e., web page address) of the location where the copyrighted work exists;

  • Identification of the URL or other specific location on the Services where the material that you claim is infringing is located;

  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and

  • Your address, telephone number, and e-mail address.

 

If we remove content in response to a claim of copyright infringement, we may give notice to the user(s) responsible for the content by means of a general notice on any of our Services, by email to a user’s email address in our records, or by first-class mail to a user’s physical address in our records. If you receive such a notice and believe the content was mistakenly or improperly removed, you may provide a counter-notification in writing to the designated agent. To be effective, the counter-notification must be a written communication that includes the following:

 

  • Your physical or electronic signature;

  • Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

  • A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

  • Your name, physical address, telephone number, and a statement that you consent to the jurisdiction of a federal district court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

 

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of account holders who are repeat infringers.


MISCELLANEOUS

 

  • No waiver. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to a subsequent or similar breach or breaches. If Off Market does not exercise or enforce any legal right or remedy which is contained in these Terms (or which Off Market has the benefit of under any applicable law or regulation), such action or inaction shall not be taken to be a formal waiver of Off Market’s rights, and all such rights or remedies shall still be available to Off Market.

  • Severability. If any provision of these Terms is held to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

  • Entire Agreement. These Terms set forth the entire understanding and agreement between us with respect to your use of the Services.

  • Assignment. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent.  We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction.

  • No Relationship. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, or agency relationship between you and Off Market.

  • Notice to California Residents. You may reach Off Market at the contact information provided below. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

 

CONTACT US
 

If you have any questions, comments or concerns about these Terms, please contact us at: admin@offmarketapp.com.