Terms of Service
This Terms of Service Agreement (this “Agreement”) is a binding agreement between you and RedBuyers Inc. and its affiliated companies (collectively, “RedBuyers,” “we,” “us,” or “our”) providing the terms and conditions for your use of our Services.
By “Services,” we mean all the products and services owned and operated by RedBuyers, including the content, features, data, and software made available through www.RedBuyers.com (the “Web Site”), our mobile applications, and other websites or applications we operate.
This Agreement contains warranty and liability disclaimers.
We may modify this Agreement from time to time and will post the amended agreement at www.RedBuyers.com. You will be deemed to have accepted this Agreement as amended if you continue to access our Services after any amendments are posted.
1. General Terms
1.1 Using Our Services
1.1.1 General Requirements
By accessing our Services, you agree to abide by all applicable local, state, national, and international laws and regulations in your use of our Services.
Our Services are intended only for Canadian residents aged 18 years and over. If you do not qualify, please 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 certain of our Services to registered users. In the event that any of our Services requires you to register prior to our granting you access, you agree to provide accurate, current, and complete account information, including but not limited to your name, address, telephone number, and email address, and to update this information as necessary to keep it accurate, current, and complete.
You may not sell, transfer, or assign your account with us 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 unauthorized use of your account.
1.1.3 Copyrights, Trademarks and Other Intellectual Property
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 RedBuyers (collectively, our “Content”).
Our Content, including any content licensed to us by third party content providers (the “Providers”), is protected by CANADA, U.S. and international intellectual property laws and treaties. 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. You may not reverse engineer or reverse compile any of our Services or the technology used to operate our Services. Nothing in this Agreement grants you any license or right to use our Content except as expressly stated in this Agreement.
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:RedBuyers Inc
191 Superior Blvd ,
L5T 2L6, CANADA
Email: [email protected]
1.1.5 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 computer code comprising or in any way making up a part of 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.
If you submit to us or post through our Services any property listing, testimonial, comment, review, suggestion, or any work of authorship (collectively, a “submission”) including, without limitation, submissions about any of our products or services, such submission will not be confidential or secret, and may be used by us in any manner. Please do not submit or send any submission to us that you consider 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 will have no obligation to read 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 thereto, and that any moral rights in such submission 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.
1.2.1 No Warranty
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. OPENDOOR, ON BEHALF OF ITSELF, ITS AFFILIATES, AND THE 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
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 REDBUYERS REAL PROPERTY AND SURROUNDING PREMISES (COLLECTIVELY, THE “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 PREMISES.
1.2.3 Not a Legal or Professional Advisor
You acknowledge and agree that RedBuyers is not engaged in rendering legal, tax or other professional services. If legal, tax or other professional assistance is required, including but not limited to the review of agreements and forms made available to you through our Services, the services of a competent professional should be sought.
1.3 Limitation of Liability
In no event shall RedBuyers be held liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with your use of our Services or our Content or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure in any way related to our Services or our Content, including but not limited to the inaccuracy of any reports, tools, analyses, agreements, or forms available through our Services or our Content.
You agree that neither RedBuyers, its affiliates, nor any of their respective employees, or agents involved in the creation, production and distribution of our Services or our Content, is liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever 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, interruption, deletion, defect, delay in operation, computer virus, 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 RedBuyers is not liable or responsible for any defamatory, offensive or illegal conduct of third parties.
NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, NOTHING IN THIS AGREEMENT SHALL AFFECT WARRANTIES OR LEGAL RIGHTS, INCLUDING BUT NOT LIMITED TO RIGHTS TO DAMAGES, WHICH ARE INCAPABLE OF EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.
You agree to indemnify, defend, and hold harmless RedBuyers, its officers, directors, employees, affiliates, agents, and licensors from and 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 the terms and conditions of this Agreement or any applicable law; (ii) your access, use, or misuse of our Services or our Content; and/or (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 RedBuyers. 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
This Agreement will be governed by the laws of the state of California, without regard to its provisions relating to conflict of laws.
Our failure to enforce any of our rights or to act with respect to a breach by you or others of this Agreement 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 RedBuyers of any of the provisions in this Agreement will be of any force or effect unless made in writing and signed by a duly authorized officer of RedBuyers.
If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. We may assign this Agreement, or certain of our rights or obligations under this Agreement, to any party at any time without notice to you. You may not assign your rights or obligations under this Agreement, by operation of law or otherwise, without the prior written consent of RedBuyers.
1.7 Consent to be Contacted; Notices
If you provide, or have provided, a telephone number to us, you 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/or 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. You represent and warrant that you are the authorized subscriber for the telephone number(s) you have provided. Please be aware that 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.
2. Service-Specific Terms
Certain terms and conditions are specific to certain of our Services. We’ve broken those out below.
2.1 RedBuyers Estimates
An RedBuyers Home Value, Trend Report, and/or Estimated Offer (each an “RedBuyers Estimate”) is an estimate calculated using publicly-available information and RedBuyers proprietary valuation model. It typically takes into account hundreds of data sets related to your home and its location.
An RedBuyers Estimate is not an appraisal. It is an invitation for you to request an offer to purchase your home (an “RedBuyers Offer”).
2.2 Selling to RedBuyers
2.2.1 RedBuyers Offers
An RedBuyers Offer is an offer by RedBuyers to purchase a home. You will be eligible to receive an RedBuyers 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 RedBuyers Offer is not an appraisal. It is the purchase price RedBuyers is willing to pay for your home, subject to additional terms, conditions, and fees outlined in the offer.
In making you a RedBuyers Offer, RedBuyers is not acting as your real estate agent or broker. RedBuyers 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 RedBuyers Offer.
2.2.2 Service Charge
Your RedBuyers Offer will reflect a figure for RedBuyers service charge. This service charge is intended to cover the expenses RedBuyers incurs in buying and reselling your home, including holding costs like taxes, utilities, and maintenance. Service charge will vary dependent on anticipated costs for the particular home. It does not include negotiated repairs costs or third party charges related to the settlement of the sale.
2.2.3 After You’ve Sold
Please ensure you’ve contacted to set up mail 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 RedBuyers Home
2.3.1 Authorized Access
By accessing any home owned by RedBuyers (an “RedBuyers Home”), you certify and agree you are entering the home with the express purpose of (1) evaluating the home for potential purchase, or (2) engaged in authorized business with RedBuyers. You acknowledge that each access request grants up to 1 hour of time in the home, unless you have express permission from RedBuyers for extended on-site presence. RedBuyers may revoke permission to access one or more of its homes at any time. If you are asked to leave one RedBuyers Home, you lose permission to go to any future RedBuyers Home unless you receive notification otherwise from RedBuyers.
2.3.2 Authorized Activities
By entering a RedBuyers Home, you acknowledge and agree that you will not, and will not assist or enable others, to:
- breach or circumvent any applicable law, or terms of this Agreement;
- access the home if under the age of 18;
- smoke, vape, consume alcohol, or use any illicit or illegal substances on the Premises;
- 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 on the Premises without the express consent of RedBuyers;
- remove any property from the Premises other than marketing or promotional materials provided by RedBuyers for such use;
- 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;
- request access other than through a method authorized by RedBuyers (authorized methods include the RedBuyers Mobile App, text-to-enter, and a phone call to RedBuyers Customer Support line);
- enter the home other than through the front door;
- bring any weapon including, but not limited to guns, knives, blunt-force objects, and projectiles into the home or surrounding yard;
- avoid, bypass, remove, deactivate, impair, or otherwise attempt to circumvent any technological or security measure implemented by RedBuyers or any other third party to protect RedBuyers Homes and their contents and surroundings, Services, customers, and/or visitors; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
If, in accessing an RedBuyers Home, whether through an authorized method or not, you provide access to any individuals who have not expressly accepted this Agreement, you accept financial responsibility for their behavior including for any breaches by them of Section 2.3 of this Agreement.
By accessing any RedBuyers Home, you accept responsibility for any damage you cause to the Premises and, to the fullest extent permitted by law, any bodily, mental, or personal injury, including death, relating to or arising from accessing or visiting the Premises.
2.4 Buying an RedBuyers Home
2.4.1 As-Is Conveyance
If you contract to purchase a home from RedBuyers (“Seller”), you (“Buyer”) agree to the following additional terms and conditions regarding your purchase of the home (the “Property”). In the event of any conflict with the terms of the Purchase and Sale Contract (“Purchase Contract”) governing the purchase of the Property, the Purchase Contract shall prevail.
Seller has provided Buyer with an opportunity to inspect the Property, and strongly encourages Buyer to seek an inspection on the Property by a licensed inspector. Buyer further recognizes Seller has not resided in the Property and has limited knowledge thereof. Accordingly, to the fullest extent permitted by law and under the terms of the Purchase Contract:
BUYER AGREES THAT BUYER IS ACQUIRING THE PROPERTY 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 PROPERTY, THE PRESENCE OF HAZARDOUS SUBSTANCES IN OR NEAR THE PROPERTY, OR EXPENSES ASSOCIATED WITH THE PROPERTY.
BUYER WAIVES ANY IMPLIED WARRANTY AS TO HABITABILITY AND/OR, ANY IMPLIED WARRANTY AS TO THE WORKMANSHIP OF ANY REPAIRS OR MODIFICATIONS PERFORMED ON THE PROPERTY.
BUYER AGREES IT HAS HAD AMPLE OPPORTUNITY TO OBTAIN PROFESSIONAL COUNSEL OF ITS CHOOSING, AND IS RELYING SOLELY ON ITS OWN INDEPENDENT JUDGMENT AND THAT OF ITS OWN PROFESSIONAL CONSULTANTS, IF ANY, IN ENTERING INTO THE PURCHASE CONTRACT AND PURCHASING THE PROPERTY.
BUYER WILL CONDUCT SUCH INSPECTIONS OF THE PROPERTY AS BUYER DEEMS NECESSARY AND, IF BUYER ELECTS TO PURCHASE THE PROPERTY, AND AGREES TO 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 Wholly-Owned Brokerages
RedBuyers wholly owns real estate brokerage, Team Allaince Realty Inc. the “RedBuyers Brokerages”.
These brokerage have contractual relationships with certain multiple listing services (MLSs) that allow them to show you certain pictures and data related to listed and previously listed properties. Unless you are a licensed agent, you agree:
- to use this data only for personal use, and not for commercial uses;
- that you will not redistribute or otherwise use the data except in connection with your consideration of the purchase or sale of an individual property; and
- that the MLS that supplies the data owns such data and has proprietary rights and copyright to such data.
2.5.2 Representation of RedBuyers
In the event you choose to buy an RedBuyers Home or sell your home to RedBuyers, one of the RedBuyers Brokerages will represent RedBuyers in the transaction.
2.5.3 Working with an RedBuyers Partner Agent
At your request, an RedBuyers Brokerage can refer you to a third-party agent that can represent you in your home purchase or sale (“RedBuyers 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.
2.5.4 Working with an RedBuyers Brokerage Agent
In certain service areas, you may have the option to be represented by an agent at RedBuyers Brokerage (an “RedBuyers Brokerage Agent”) in your home purchase or sale. Please note, however, that an RedBuyers Brokerage Agent will not be able to represent you if you purchase an RedBuyers Home, or in any other transaction where one of the RedBuyers Brokerages is the brokerage representing another party. In that case, you remain welcome to work with an RedBuyers Partner Agent or another agent of your choice.
2.6 Current Opendoor Promotions
Please note that, from time to time, we may advertise estimates of what customers can receive pursuant to a given RedBuyers 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 RedBuyers representative for more details as to how these promotions apply to your home sale or purchase.
2.6.1 Buyer Refund Incentive
In certain of our service areas, if you use an RedBuyers Partner Agent to purchase a home (an RedBuyers Home or any other home listed on the market), you can save up to 1% off the purchase price of the home in the form of a commission refund at closing. The amount is subject to a minimum commission to your agent of $3,000, which means it is calculated as the lesser of either (a) 1% of the price of the property you buy, or (b) your agent’s commission minus $3,000. It may also be reduced on the basis of purchase type (e.g., short sale), loan restrictions, seller contributions, or law. Please note that this promotion is not combinable with any other RedBuyers promotion.
2.6.2 Trade-in (Buy-Sell) Incentive
In certain of our service areas, if you: (1) sell your home directly to RedBuyers, and (2) purchase an RedBuyers Home directly or use an RedBuyers Partner Agent to purchase any home on the market, you can receive 1% of the sale price of your home in additional proceeds. Please note that this promotion is not combinable with any other RedBuyers promotion.
This Agreement was crated on July 20, 2020.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY REBBUYERS.