SellBuyMe

Terms of Service

Effective Date: March 1, 2026  Version 1.0

SellBuyMe, LLC  —  A Delaware Limited Liability Company

IMPORTANT NOTICE: PLEASE READ THESE TERMS CAREFULLY BEFORE USING SELLBUYME. SECTION 19 CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. SECTION 7 GOVERNS HOME SHOWING SAFETY AND PHYSICAL RISK. BY ACCESSING OR USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS.

These Terms of Service (“Terms”) are a binding legal agreement between you and SellBuyMe, LLC (“SellBuyMe,” “we,” “us,” or “our”), a Delaware limited liability company, governing your right to use the SellBuyMe website, mobile application, and all related features and services (collectively, the “Platform”).

The Platform enables users (“Members”) to list residential real property for sale, search for and inquire about properties, and connect with independent third-party Preferred Service Providers. Members who list properties are “Sellers.” Members who search for or inquire about properties are “Buyers.” A property listed on the Platform is a “Listing.”

As operator of the Platform, SellBuyMe does not own, list, buy, or sell any real property. SellBuyMe is not a party to any contract entered into between Sellers and Buyers. SellBuyMe is not a licensed real estate broker, agent, mortgage originator, attorney, financial advisor, or insurance provider, and does not act in any such capacity for any Member.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE PLATFORM.

Table of Contents

SELLER TERMS

1. Listing on SellBuyMe

2. Managing Your Listing  (incl. 2.5 External Sharing of Listings)

3. Seller Responsibilities and Assumption of Risk

BUYER TERMS

4. Searching and Inquiring on SellBuyMe

5. Buyer Responsibilities and Assumption of Risk

GENERAL TERMS

6. Preferred Service Providers

7. Property Showings and Physical Safety

8. Member Accounts  (incl. 8.4 Visitors; 8.5 Accessibility)

8A. Identity Verification

9. Content and Intellectual Property

10. SellBuyMe’s Role

10A. Platform Tools and Resources

11. Fees and Affiliated Business Arrangements

12. Platform Rules

13. Termination and Suspension

14. Reviews (Future)

15. Disclaimer of Warranties

16. Limitation of Liability

17. Indemnification

18. Fair Housing and Applicable Law

19. Dispute Resolution and Arbitration

20. Governing Law

21. Modifications

22. Miscellaneous

SELLER TERMS

1. Listing on SellBuyMe

1.1 Eligibility to List

To create a Listing, you represent and warrant that you: (a) are the legal owner of the property or have express written authorization from the legal owner to list it; (b) have the legal right and authority to offer the property for sale; (c) are not subject to any court order, bankruptcy proceeding, or legal restriction that would impair your ability to sell; and (d) will comply with all applicable federal, state, and local laws governing the sale of real property, including fair housing laws and all required property disclosure obligations.

1.2 Creating a Listing

When you create a Listing, you are agreeing to: (a) provide accurate, current, and complete information about your property, including all material facts and legally required disclosures; (b) keep your Listing current and promptly update it to reflect any change in property status, condition, or availability; (c) respond to Buyer inquiries in good faith and within a reasonable time; and (d) honor the terms of any accepted offer entered into through or facilitated by the Platform, subject to the terms of that agreement.

1.3 Listing Content

You are solely responsible for all content in your Listing, including photographs, descriptions, pricing, and disclosures. By submitting a Listing, you represent that all content is accurate, lawful, and does not infringe any third-party right. SellBuyMe does not verify Listing content. We reserve the right to remove or suspend any Listing that we believe violates these Terms, contains false or misleading information, or violates applicable law.

1.4 Required Disclosures

Sellers are independently responsible for identifying and complying with all property disclosure requirements under applicable federal, state, and local law in the jurisdiction where the listed property is located. Disclosure requirements vary significantly by state and may include mandated disclosure forms, known material defect disclosures, lead paint disclosures, environmental and natural hazard disclosures, HOA disclosures, and other legally required statements. SellBuyMe does not provide legal advice regarding disclosure obligations and is not responsible for any Seller’s failure to make required disclosures. Sellers are strongly encouraged to consult with a licensed real estate attorney in the applicable jurisdiction before listing.

1.5 Listing Photographs and Media

If SellBuyMe facilitates access to professional photography services in connection with a Listing, including through any promotional program for new Sellers, the photographer is an independent contractor and not an employee or agent of SellBuyMe. SellBuyMe is not responsible for the quality of any photography services, for any damage to your property occurring during a photography session, or for any act or omission of any photographer. Ownership and licensing of photography produced by third-party photographers is governed by the separate agreement between you and the photographer.

2. Managing Your Listing

2.1 Listing Accuracy

You agree to keep your Listing accurate and current at all times. You must promptly update your Listing to reflect changes in price, property condition, availability, or any other material fact. You must remove or mark your Listing as pending or sold promptly upon executing a binding purchase agreement or withdrawing the property from the market.

2.2 Pricing and Negotiations

You set your own asking price and negotiate directly with Buyers. SellBuyMe does not set, recommend, or guarantee any price. No Buyer inquiry, offer, or expression of interest transmitted through the Platform creates a binding contract. No communication between a Buyer and a Seller conducted through the Platform’s messaging or inquiry features — including any price offer, counteroffer, or response thereto — constitutes a legally binding agreement of any kind. A binding contract for the purchase or sale of real property is formed only upon execution of a written purchase agreement signed by both Seller and Buyer, independent of and outside the Platform.

2.3 Showing Coordination

You are responsible for managing access to your property for showings and tours. You agree to: (a) respond to showing requests in good faith; (b) ensure you or an authorized representative is present during any showing unless you have expressly arranged otherwise; and (c) take reasonable steps to ensure your property is safe for visitors. See Section 7 for detailed physical safety provisions applicable to showings.

2.4 Listing Removal by SellBuyMe

SellBuyMe reserves the right to remove, suspend, or modify any Listing at its sole discretion and without prior notice if we reasonably believe the Listing: (a) violates these Terms; (b) contains false or misleading information; (c) violates applicable law, including fair housing laws; (d) infringes any third-party right; or (e) poses a risk to Users or the Platform.

2.5 External Sharing of Listings

Sellers are permitted to share their own Listings outside of the Platform, including through personal and professional social media channels, third-party real estate websites, community boards, classified platforms, neighborhood groups, and any other external channel (collectively, “External Channels”). Nothing in these Terms prohibits a Seller from marketing their property through External Channels in addition to or independent of the Platform.

When a Seller shares their Listing through any External Channel, the following applies:

• SellBuyMe is not a party to, and has no involvement in or responsibility for, any inquiry, communication, showing, negotiation, offer, or transaction that originates through an External Channel rather than through the Platform;
• SellBuyMe bears no liability for any personal injury, property damage, theft, fraud, scam, or other harm arising from any showing or in-person interaction arranged through an External Channel, regardless of whether the property is also listed on the Platform;
• SellBuyMe bears no liability for the acts, omissions, or conduct of any person who contacts the Seller through an External Channel, including any person who may also have a SellBuyMe account;
• The identity verification requirements described in Section 8A apply only to interactions initiated through the Platform. SellBuyMe makes no representation that any person contacting a Seller through an External Channel has completed any form of identity verification;
• All of the Seller’s obligations under these Terms — including property disclosure requirements, fair housing compliance, and personal safety responsibilities — continue to apply in full to any transaction regardless of the channel through which it originates.

Sellers are solely responsible for evaluating the safety and legitimacy of any inquiry, showing request, or offer received through an External Channel. SellBuyMe strongly recommends that Sellers apply the same safety precautions described in Section 7.2 to any showing or in-person interaction arranged through an External Channel, regardless of whether that person is a verified Platform Member.

3. Seller Responsibilities and Assumption of Risk

3.1 Your Responsibilities as a Seller

You are responsible and liable for your own acts and omissions in connection with your Listing and any showing or transaction arising from it. This includes: (a) ensuring all Listing content is accurate and legally compliant; (b) making all legally required property disclosures; (c) complying with all applicable fair housing laws; (d) managing property access safely during showings; (e) ensuring your property is in a reasonably safe condition for visitors; and (f) independently determining your asking price, regardless of any estimated market value, automated valuation, or Platform Tool output displayed by the Platform. See Section 10A for the full disclaimer applicable to Platform Tools.

3.2 Seller Assumption of Risk

You acknowledge that listing your property on a public marketplace and inviting unknown individuals to tour your home carries inherent risks, including risks to your personal safety, the safety of others present, and the security of your property and personal belongings. To the maximum extent permitted by applicable law, you assume all such risks arising from any showing or tour of your property arranged through or facilitated by the Platform.

Buyers are required to complete identity verification through SellBuyMe’s third-party verification provider before they may contact a Seller or request a property showing through the Platform. See Section 8A for the full identity verification framework. However, identity verification is a platform access control measure only. It does not constitute a background check, criminal history review, sex offender registry check, or any other form of vetting of a Buyer’s character, history, or fitness to participate in a real estate transaction. A Buyer’s verified status does not mean SellBuyMe has vouched for that Buyer’s safety, honesty, or trustworthiness. You remain solely responsible for independently evaluating any prospective Buyer and for all decisions regarding access to your property.

BUYER TERMS

4. Searching and Inquiring on SellBuyMe

4.1 Searching

You may search for properties using filters including location, price, property type, and other criteria. Search results are based on relevance to your search and other factors including listing recency, completeness, and Member activity. SellBuyMe does not guarantee that any particular property will appear in search results or that search results will be comprehensive.

4.2 Property Data and Analytical Tools

The Platform may display property data, automated valuation estimates, market trend information, renovation cost estimates, investment analytics, and similar information sourced from third-party data providers (each, a “Data Provider”). The Platform currently uses third-party APIs including, without limitation, Homesage.ai, to power certain data features. SellBuyMe reserves the right to change, replace, or supplement any Data Provider at any time without notice.

ALL PROPERTY DATA, VALUATIONS, ESTIMATES, AND ANALYTICAL OUTPUTS DISPLAYED ON THE PLATFORM ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. They are algorithmic estimates based on third-party data and do not constitute professional appraisals, inspections, financial advice, or investment recommendations. They may not reflect actual market conditions, property condition, or transaction costs specific to your situation. Do not rely on Platform data outputs as the sole or primary basis for any real estate, financial, or investment decision. SellBuyMe is not responsible for the accuracy, completeness, or timeliness of any third-party data or analytical output.

4.3 Contacting a Seller

When you submit an inquiry to a Seller through the Platform, you are initiating a direct communication with that Seller. SellBuyMe facilitates the transmission of your inquiry but is not a party to your communication or any resulting negotiation. You agree to communicate with Sellers in good faith and in compliance with these Terms.

4.4 Requesting a Showing

When you request a property showing through the Platform, you are requesting access to a privately owned property from its owner. Sellers are under no obligation to grant your showing request. Confirmation of a showing by a Seller creates a permission to visit the property at the agreed time; it does not constitute an offer to sell or any binding commitment of any kind.

5. Buyer Responsibilities and Assumption of Risk

5.1 Your Responsibilities as a Buyer

You are responsible and liable for your own acts and omissions in connection with your use of the Platform and any property you visit. This includes: (a) conducting your own independent due diligence on any property, including obtaining professional inspections, appraisals, and title searches; (b) complying with all conditions set by the Seller for access to their property; (c) treating any property you visit with care and leaving it in the same condition in which you found it; (d) not bringing any person to a showing who has not been disclosed to and approved by the Seller; and (e) promptly vacating any property upon request.

5.2 Buyer Assumption of Risk

You acknowledge that touring privately owned residential properties involves entering the home of a stranger and carries inherent risks, including risks to your personal safety. To the maximum extent permitted by applicable law, you assume all risk of personal injury, property damage, or other harm arising from your presence at or participation in any property showing or tour arranged through or facilitated by the Platform.

SellBuyMe has not inspected, evaluated, or made any representation regarding the safety, condition, or habitability of any property listed on the Platform. You are solely responsible for assessing whether a property is safe to enter and for your personal safety at all times during a showing.

5.3 Independent Due Diligence

SellBuyMe does not verify the accuracy of any Listing, endorse any property, or represent that any property is free from defects, liens, or encumbrances. Before entering into any purchase agreement, you are solely responsible for conducting all due diligence you deem appropriate, including independent professional inspections, independent appraisals, title searches, review of all applicable disclosure documents, and consultation with qualified legal, financial, and real estate professionals.

GENERAL TERMS

6. Preferred Service Providers

6.1 What Preferred Service Providers Are

The Platform may facilitate connections between Members and independent third-party professionals and businesses that provide services related to real estate transactions (“Preferred Service Providers” or “PSPs”). PSPs may include, without limitation: mortgage lenders and loan originators; real estate attorneys; home photographers; home inspectors; title companies; insurance providers; and home services professionals. The categories of PSPs accessible through the Platform may expand over time.

6.2 PSPs Are Independent Third Parties

ALL PREFERRED SERVICE PROVIDERS ARE INDEPENDENT THIRD PARTIES. They are not employees, agents, contractors, or legal representatives of SellBuyMe, LLC for any purpose. SellBuyMe does not supervise, direct, control, or bear responsibility for the professional judgment, licensing, quality of work, or conduct of any PSP.

6.3 Nature of SellBuyMe’s Commercial Relationships with PSPs

SellBuyMe may maintain different types of commercial arrangements with PSPs:

(a) Lead Generation and Referral Arrangements. SellBuyMe may maintain arm’s-length lead generation or referral agreements with certain PSPs, including attorneys, photographers, inspectors, and home services professionals. Under these arrangements, SellBuyMe may receive compensation when a Member engages a PSP following a Platform introduction. These PSPs are independent businesses with no shared ownership, liability, or operational relationship with SellBuyMe, LLC.

(b) Affiliated Joint Venture Entities. SellBuyMe, LLC reserves the right to form or participate in separate joint venture entities with one or more partners for purposes related to the provision of services ancillary to real estate transactions. Any such joint venture, if and when formed, would be a legally distinct entity from SellBuyMe, LLC, with its own separate legal existence, operational responsibility, and liability. SellBuyMe, LLC’s participation as a member or equity holder in any such entity would not make SellBuyMe, LLC responsible for the acts, omissions, or liabilities of that joint venture entity. Members who receive services from any affiliated joint venture entity would be contracting with that separate entity, not with SellBuyMe, LLC.

(c) Future Arrangements. SellBuyMe may enter into additional commercial arrangements with PSPs in the future. Regardless of structure, no commercial arrangement between SellBuyMe and any PSP makes that PSP an employee or agent of SellBuyMe, LLC, or makes SellBuyMe, LLC a party to any agreement between a Member and a PSP. To the extent any PSP engages in promotional or marketing activities on behalf of or in connection with SellBuyMe — whether through social media, co-marketing, or any other channel — that PSP is subject to the same FTC disclosure and indemnification obligations set forth in Section 10A.8 as if it were a Promotional Partner thereunder.

6.4 No Endorsement or Guarantee of PSPs

The appearance of any PSP on the Platform does not constitute an endorsement, recommendation, guarantee, or warranty by SellBuyMe regarding that PSP’s qualifications, licensing, insurance, competence, or fitness for any purpose. SellBuyMe does not independently verify PSP credentials, licensing, or insurance. Members are solely responsible for independently evaluating any PSP before engaging their services.

6.5 PSP Agreements Are Between Members and PSPs

Any agreement between a Member and a PSP, including any affiliated joint venture entity, is a private agreement solely between those parties. SellBuyMe is not a party to any such agreement and has no liability arising from the quality, timeliness, or outcome of any PSP services, any dispute between a Member and a PSP, or any act or omission of any PSP or affiliated joint venture entity. SellBuyMe may receive confirmation that a transaction facilitated by a PSP referral has been completed — for example, that a loan has closed or a service has been booked — for purposes of revenue reconciliation under applicable commercial arrangements. SellBuyMe does not receive, access, store, or process any underlying payment information, financial instrument data, loan disbursement details, or settlement data in connection with any such transaction. All payment processing and financial instrument handling is conducted solely by the applicable PSP or affiliated joint venture entity.

6.6 Mortgage Services

SellBuyMe may facilitate introductions to mortgage lenders and loan originators as Preferred Service Providers under lead generation or referral arrangements. Under such arrangements, SellBuyMe may receive a flat fee or referral compensation per introduction, independent of whether any loan closes. Such arrangements do not create any ownership, financial interest, or affiliated business relationship between SellBuyMe and any lender. Mortgage pre-approval, loan terms, interest rates, and approval decisions are determined solely by the applicable lender and are not the responsibility of SellBuyMe. You are free at all times to obtain mortgage financing from any lender of your choosing. Such introductions do not obligate you to use any particular lender. Mortgage pre-approval, loan terms, interest rates, and approval decisions are determined solely by the applicable lender and are not the responsibility of SellBuyMe. To the extent any such referral involves a federally related mortgage loan transaction, a separate Affiliated Business Arrangement disclosure will be provided to you at the time of referral as required by the Real Estate Settlement Procedures Act (“RESPA”), 12 U.S.C. § 2601 et seq. You are free at all times to shop for mortgage and settlement services from any provider of your choosing.

6.7 Free Choice of Providers

The existence of any commercial arrangement between SellBuyMe and any PSP does not obligate you to use that PSP. You are always free to engage any qualified professional of your choosing, including professionals not listed on or introduced through the Platform.

7. Property Showings and Physical Safety

Real estate property showings involve in-person interactions between strangers in private residential settings. These activities carry inherent risks. BY USING THE PLATFORM TO ARRANGE OR PARTICIPATE IN ANY PROPERTY SHOWING OR TOUR, YOU EXPRESSLY ACKNOWLEDGE AND ACCEPT THESE RISKS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

7.1 SellBuyMe Is Not Present at Showings

SellBuyMe does not participate in, supervise, monitor, or oversee any property showing, tour, open house, or in-person meeting arranged through the Platform. We have no ability to intervene in any incident that may occur. The Platform facilitates scheduling and communication only.

7.2 Safety Recommendations

SellBuyMe strongly recommends the following precautions, which are informational only and do not create any duty or liability on SellBuyMe’s part:

• Sellers should confirm that any Buyer attending a showing has completed Platform identity verification, and should not grant property access to any person who has not done so;
• Buyers should research properties and neighborhoods before attending showings;
• Both parties should inform a trusted third party of showing details including address, time, and the other party’s contact information;
• Sellers should secure valuables, medications, and sensitive documents before any showing;
• Both parties should trust their instincts and leave or cancel any situation that feels unsafe.

7.3 No Liability for Showing-Related Incidents

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SELLBUYME SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE, THEFT, OR OTHER HARM SUFFERED BY ANY PERSON IN CONNECTION WITH ANY PROPERTY SHOWING, TOUR, OPEN HOUSE, OR IN-PERSON MEETING ARRANGED THROUGH OR FACILITATED BY THE PLATFORM, REGARDLESS OF CAUSE.

8. Member Accounts

8.1 Registration

Certain Platform features require account registration. You must be at least 18 years of age with legal capacity to contract. You agree to provide accurate, complete, and current information and to keep it updated. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us immediately at support@sellbuymere.com of any unauthorized account access.

8.2 Account Accuracy

You may not create an account using a false identity, impersonate any person or entity, or misrepresent your authority to list or purchase property. We reserve the right to suspend or terminate accounts containing inaccurate or misleading information.

8.3 One Account Per Member

Each Member may maintain only one active account unless expressly authorized by SellBuyMe in writing. You may not transfer your account to another person.

8.4 Visitors and Unregistered Users

Certain portions of the Platform, including the SellBuyMe website (www.sellbuymere.com), publicly accessible Listings, Resources, and Platform Tools, may be accessible without creating an account. Any person who accesses any portion of the Platform, whether as a registered Member or an unregistered visitor, is subject to these Terms to the extent applicable to their use. By accessing any portion of the Platform, all visitors and users represent that they are at least 18 years of age or, where applicable law designates a higher age of majority, of legal age to contract in their jurisdiction. SellBuyMe reserves the right to restrict, limit, or require account registration for access to any portion of the Platform at any time without notice.

8.5 Accessibility

SellBuyMe is committed to making the Platform accessible to all users, including individuals with disabilities. We endeavor to design the Platform in a manner that is consistent with applicable accessibility standards, including the Web Content Accessibility Guidelines (WCAG) published by the World Wide Web Consortium (W3C). If you experience difficulty accessing any portion of the Platform due to a disability, or if you require an accommodation to access any feature or content, please contact us at support@sellbuymere.com and we will make reasonable efforts to assist you. SellBuyMe reserves the right to modify, update, or improve Platform accessibility features at any time. Nothing in these Terms constitutes a representation or warranty that the Platform meets any specific accessibility standard or that all features are accessible to all users in all circumstances.

8A. Identity Verification

8A.1 Mandatory Verification Requirements

SellBuyMe requires identity verification as a condition of access to certain Platform features. Specifically:

• Sellers must successfully complete identity verification before creating or publishing any Listing on the Platform. A Listing may not be made visible to Buyers until the Seller’s identity has been verified.
• Buyers must successfully complete identity verification before sending any message to a Seller or requesting or scheduling any property showing or tour through the Platform.

SellBuyMe reserves the right to expand, modify, or adjust mandatory verification requirements at any time, including requiring re-verification, requiring additional verification steps, or extending verification requirements to other Platform features or actions. We will provide reasonable notice of material changes to verification requirements.

8A.2 Verification Process and Third-Party Provider

Identity verification on the Platform is facilitated through Stripe, Inc. (“Stripe”) and Stripe’s identity verification services (“Stripe Identity”). By submitting to identity verification, you agree to provide accurate, current, and complete information and documentation as requested by Stripe Identity, which may include but is not limited to government-issued identification documents, biometric data such as a selfie or liveness check, and other personal information required to confirm your identity. Your submission of information through the Stripe Identity verification process is governed by Stripe’s own terms of service and privacy policy, which are separate from these Terms and SellBuyMe’s Privacy Policy. SellBuyMe is not responsible for Stripe’s collection, use, storage, or handling of any information you submit through the Stripe Identity verification process.

The specific methods, data collected, and steps involved in the verification process are determined by Stripe and may change over time. SellBuyMe reserves the right to change, replace, or supplement its identity verification service provider at any time without prior notice. References to Stripe in these Terms apply equally to any successor or replacement identity verification provider.

8A.3 Verification Does Not Guarantee Identity or Safety

IDENTITY VERIFICATION IS PROVIDED AS A PLATFORM ACCESS CONTROL MEASURE ONLY. SELLBUYME MAKES NO REPRESENTATION OR WARRANTY THAT ANY VERIFICATION PROCESS IS INFALLIBLE, COMPLETE, OR THAT IT WILL DETECT ALL INSTANCES OF FRAUD, MISREPRESENTATION, OR IDENTITY THEFT. SPECIFICALLY:

• Verification confirms only that the information submitted matches the documentation provided at the time of verification. It does not confirm that the person using the account is the same person who completed verification.
• Verification does not constitute a background check, criminal history review, sex offender registry check, credit check, or any other form of vetting of a Member’s character, history, or fitness to participate in a real estate transaction.
• A “verified” status, if displayed on the Platform, indicates only that a Member has completed the verification process as of the date of verification. It does not constitute an endorsement, recommendation, or guarantee by SellBuyMe of that Member’s identity, trustworthiness, honesty, or safety.
• Verification status may become stale if a Member’s circumstances change after verification is completed. SellBuyMe does not continuously monitor or re-verify Members following initial verification.
• SellBuyMe is not responsible for any harm, loss, fraud, or other damage suffered by any Member that results from reliance on another Member’s verified status.

8A.4 Verification Failures and Disputes

If your identity verification is unsuccessful, you will not be permitted to access the gated Platform features described in Section 8A.1 until verification is completed successfully. SellBuyMe does not make verification decisions — those determinations are made by Stripe based on the information you provide. If you believe your verification was incorrectly declined, you should contact Stripe directly through its support channels. SellBuyMe has no ability to override, manually approve, or bypass the verification process.

8A.5 Verification Data and Privacy

Information you submit through the identity verification process is transmitted to and processed by Stripe. SellBuyMe may receive a verification result (e.g., verified or not verified) and certain associated metadata from Stripe, but does not receive or store the underlying identity documents or biometric data you submit. The collection, use, and retention of your identity verification data is governed by Stripe’s privacy policy. Please review Stripe’s privacy policy at stripe.com before submitting any identity information. For information about how SellBuyMe handles any verification result data it receives, see our Privacy Policy.

8A.6 Consent to Verification

By using the Platform and accessing features that require identity verification, you expressly consent to the identity verification process described in this Section 8A, including the transmission of your personal information and identity documents to Stripe for verification purposes. If you do not consent to identity verification, you may not access the gated Platform features described in Section 8A.1.

9. Content and Intellectual Property

9.1 Member Content

By submitting any content to the Platform, including Listings, photographs, descriptions, messages, or other material (“Member Content”), you represent that: (a) you own or have all necessary rights to the Member Content; (b) the Member Content is accurate and does not violate any applicable law or third-party right; and (c) you consent to SellBuyMe’s use of the Member Content as described below. You grant SellBuyMe a non-exclusive, worldwide, royalty-free, sublicensable license to use, store, reproduce, modify, publicly display, and distribute your Member Content as necessary to operate, promote, and improve the Platform, including use in marketing materials, social media, press releases, investor presentations, and other promotional contexts. SellBuyMe will not use your Member Content in promotional contexts in a manner that identifies you personally without your consent.

9.2 SellBuyMe Intellectual Property

The Platform and all associated content, features, code, design, trademarks, trade dress, and related materials (“SellBuyMe IP”) are owned by SellBuyMe, LLC and/or its affiliates and licensors, including SellBuyMe IP, LLC, and are protected by applicable intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from SellBuyMe IP without prior written consent. “SellBuyMe” and associated marks are trademarks of SellBuyMe, LLC.

9.3 Copyright and DMCA

SellBuyMe respects intellectual property rights. If you believe any Member Content infringes your copyright, please submit a notice to support@sellbuymere.com including: (a) identification of the copyrighted work; (b) identification of the allegedly infringing material and its location on the Platform; (c) your contact information; (d) a statement of good faith belief that the use is unauthorized; and (e) a statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner. SellBuyMe will respond to valid notices in accordance with applicable law, including the Digital Millennium Copyright Act (17 U.S.C. § 512).

9.4 Feedback

If you submit ideas, suggestions, or feedback about the Platform, you grant SellBuyMe an irrevocable, perpetual, royalty-free license to use and commercialize such feedback without restriction or compensation.

10. SellBuyMe’s Role

10.1 Platform Only

SellBuyMe provides an online marketplace and communications platform. We are not a licensed real estate broker, agent, mortgage originator, investment advisor, financial planner, tax advisor, attorney, or insurance provider. We do not represent, advocate for, or owe any fiduciary duty to any Member, Seller, Buyer, or PSP.

10.2 Not a Party to Transactions

SellBuyMe is not a party to any purchase agreement, listing agreement, service contract, or other agreement entered into between Members or between any Member and any PSP. Any such agreement is a private contract solely between the parties to it. SellBuyMe has no obligation, responsibility, or liability for the performance, breach, or consequences of any agreement between Members or between a Member and a PSP.

10.3 No Control Over Member Conduct

SellBuyMe does not control the conduct of Members or PSPs and disclaims all liability arising from Member or PSP conduct. In the event of a dispute between Members, or between a Member and a PSP, SellBuyMe has no obligation to become involved. Members agree to resolve such disputes directly between themselves, or through appropriate legal channels, without involving SellBuyMe.

10.4 Analytical Tools and Third-Party Data

Certain Platform features use third-party data and AI-powered analytical tools to provide property valuations, market data, renovation estimates, investment analytics, and similar outputs. These features are informational only. SellBuyMe does not control the data, algorithms, or methodologies of any third-party data provider and makes no warranty regarding the accuracy of third-party data or AI-generated outputs. Data providers and the specific data sources underlying Platform features may change at any time without notice or amendment to these Terms.

10A. Platform Tools and Resources

10A.1 Platform Tools

The Platform currently offers the following calculator tools, which are available to all Members and visitors regardless of whether they are acting as a Seller, Buyer, or casual browser of the Platform (collectively, “Platform Tools”):

• Buyer’s Calculator — a tool to help users model and analyze the financial aspects of a potential property purchase;
• Seller’s Calculator — a tool to help users model and analyze the financial aspects of a potential property sale, including estimated net proceeds;
• Savings Calculator — a tool to help users estimate potential savings from conducting a real estate transaction without a traditional real estate agent.

SellBuyMe reserves the right to introduce additional Platform Tools in the future, including but not limited to additional calculators, interactive planning tools, and similar features. Any such future Platform Tools are subject to these Terms, and in particular the disclaimers in Section 10A.4, without requiring any amendment to these Terms. SellBuyMe may modify, update, or discontinue any Platform Tool at any time without notice.

10A.2 Resources

SellBuyMe may publish, make available, or distribute educational and informational content through the Platform, the SellBuyMe website (www.sellbuymere.com), email communications, social media channels, and any other SellBuyMe-owned or operated channel (collectively, “Resources”). Resources may include, without limitation:

• Buyer guides and seller guides;
• Buyer tips, seller tips, and transaction checklists;
• Blog posts, articles, and market commentary;
• Frequently asked questions and how-to content;
• Video content, webinars, and multimedia resources;
• Market data summaries, trend reports, and neighborhood information;
• Process overviews, timeline guides, and step-by-step transaction walkthroughs;
• Any other informational or educational content published by SellBuyMe in any format, through any channel, now or in the future.

SellBuyMe reserves the right to publish, modify, update, remove, or supplement any Resource at any time without notice. The inclusion of any topic in a Resource does not create any obligation on SellBuyMe’s part to keep that content current, accurate, or available. All Resources are subject to the disclaimers in Section 10A.4.

10A.3 Data Underlying Platform Tools

Platform Tool outputs may be powered in whole or in part by: user-provided inputs; Platform algorithms developed by SellBuyMe; and third-party data provider APIs, currently including Homesage.ai, for property valuation estimates, automated valuation models, and related market data. SellBuyMe reserves the right to change, replace, or supplement any third-party data provider at any time without notice. The identity of data providers and data sources underlying any Platform Tool may change over time without amendment to these Terms.

10A.4 Disclaimer — All Platform Tools and Resources

ALL PLATFORM TOOLS AND EDUCATIONAL RESOURCES — INCLUDING ALL CALCULATOR OUTPUTS, GUIDES, TIPS, ARTICLES, BLOG POSTS, CHECKLISTS, MARKET COMMENTARY, VIDEO CONTENT, AND ANY OTHER CONTENT OR TOOL MADE AVAILABLE BY SELLBUYME IN ANY FORMAT OR THROUGH ANY CHANNEL — ARE PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY.

SellBuyMe is not a licensed real estate broker, agent, mortgage originator, financial advisor, investment advisor, tax advisor, attorney, or insurance provider. SellBuyMe does not hold any professional license authorizing it to provide real estate, financial, legal, tax, or investment advice. Accordingly, no Platform Tool output, Resource, or other content published or distributed by SellBuyMe, regardless of how it is presented, constitutes or should be construed as:

• Professional real estate advice, brokerage services, or agency representation;
• Financial, investment, or retirement planning advice;
• Legal advice or the creation of an attorney-client relationship;
• Tax advice or guidance on the tax treatment of any real estate transaction;
• A professional appraisal, broker price opinion, or comparative market analysis;
• A mortgage pre-approval, commitment to lend, or guarantee of any loan terms or costs;
• A recommendation to buy, sell, list, or price any property at any particular value;
• A guarantee of any actual proceeds, savings, costs, payments, or financial outcome.

Platform Tool outputs and Resources are generated from or based on user-provided inputs, Platform algorithms, third-party data, publicly available information, and general real estate knowledge. They reflect general information only and may not account for your specific financial situation, local market conditions, applicable state or local laws, property-specific conditions, transaction-specific costs, or any other factor relevant to your individual circumstances. Information in Resources may become outdated, may not reflect current law or market conditions, and may not be applicable in all jurisdictions.

YOU ACKNOWLEDGE AND AGREE THAT: (A) YOU WILL NOT RELY ON ANY PLATFORM TOOL OUTPUT OR EDUCATIONAL RESOURCE AS A SUBSTITUTE FOR ADVICE FROM A QUALIFIED LICENSED PROFESSIONAL; (B) YOU ARE SOLELY RESPONSIBLE FOR ALL REAL ESTATE, FINANCIAL, LEGAL, AND INVESTMENT DECISIONS YOU MAKE, INCLUDING DECISIONS INFORMED BY ANY PLATFORM TOOL OR EDUCATIONAL RESOURCE; AND (C) SELLBUYME BEARS NO LIABILITY FOR ANY LOSS, DAMAGE, OR HARM ARISING FROM YOUR RELIANCE ON ANY PLATFORM TOOL OUTPUT OR EDUCATIONAL RESOURCE, REGARDLESS OF HOW THAT CONTENT WAS PRESENTED OR ACCESSED.

SellBuyMe strongly encourages all users to consult with qualified licensed professionals — including a licensed real estate attorney, independent appraiser, and mortgage professional — before making any real estate or financial commitment.

10A.5 No Professional Relationship Created

Your use of any Platform Tool or Resource does not create any professional, advisory, fiduciary, or client relationship between you and SellBuyMe. SellBuyMe is not your real estate broker, financial advisor, mortgage professional, attorney, or tax advisor by virtue of providing any Platform Tool or Resource, regardless of the specificity, depth, or personalization of any content you access. Nothing in any Platform Tool or Resource constitutes personalized professional advice of any kind.

10A.6 Inbound Third-Party and Partner Content

Resources may reference, link to, incorporate, co-promote, or distribute content originating from third-party sources, including Preferred Service Providers, joint venture partners, commercial partners, data providers, and other external sources (collectively, “Partner Content”). Where SellBuyMe hosts, reposts, or distributes Partner Content through the Platform or any SellBuyMe channel, the following applies:

• Partner Content is provided for informational and educational purposes only and is subject to the same disclaimers set forth in Section 10A.4;
• Partner Content reflects the views, information, and opinions of the originating third party and does not necessarily represent the views of SellBuyMe;
• SellBuyMe does not independently verify, endorse, warrant, or guarantee the accuracy, completeness, currency, or fitness for any purpose of any Partner Content;
• SellBuyMe’s distribution or hosting of Partner Content does not constitute an endorsement of the originating third party, their services, qualifications, or fitness for any purpose;
• Your use of or reliance on any Partner Content is at your sole risk. SellBuyMe bears no liability for any loss, damage, or harm arising from your reliance on Partner Content, regardless of how it was presented or distributed.

10A.7 Content Sharing and Distribution

SellBuyMe’s Platform Tools, Resources, and other content (collectively, “SellBuyMe Content”) may be shared, reposted, linked to, or distributed outside the Platform and SellBuyMe’s owned channels by third parties, including Preferred Service Providers, commercial partners, and individual Members and visitors. The following provisions apply to all such sharing and distribution:

(a) Sharing by Members and Visitors. Members and visitors may share SellBuyMe Content through their personal and professional social media accounts, networks, and channels, including but not limited to Facebook, Instagram, X (formerly Twitter), LinkedIn, TikTok, YouTube, Reddit, and similar platforms (collectively, “Social Channels”), subject to the following conditions: (i) SellBuyMe Content may only be shared for personal, non-commercial, informational purposes; (ii) SellBuyMe Content may not be modified, edited, rebranded, or presented in a manner that is misleading, defamatory, or inconsistent with its original informational and educational purpose; (iii) any sharing of SellBuyMe Content must preserve all SellBuyMe branding, attribution, and any disclaimer language included in the original content to the extent reasonably practicable given the sharing format; (iv) SellBuyMe Content may not be shared in a manner that implies SellBuyMe is providing professional real estate, financial, legal, or investment advice; and (v) sharing SellBuyMe Content does not create any endorsement, sponsorship, or affiliation between SellBuyMe and the person or entity sharing it.

(b) Sharing by Partners. Preferred Service Providers, joint venture partners, and other commercial partners may share, host, repost, or distribute SellBuyMe Content pursuant to and subject to any applicable commercial agreement between SellBuyMe and that partner. In the absence of an express written agreement authorizing such distribution, the conditions set forth in Section 10A.7(a) apply equally to partners. SellBuyMe does not guarantee that SellBuyMe Content distributed by partners will be accompanied by appropriate disclaimers or presented in a manner consistent with SellBuyMe’s informational-only positioning.

(c) Disclaimer Travels with Content. Regardless of where SellBuyMe Content appears or who has shared it, all SellBuyMe Content remains subject to the disclaimers set forth in Section 10A.4. The informational and educational nature of SellBuyMe Content, and SellBuyMe’s disclaimers of liability with respect to that content, apply in full to any person who accesses SellBuyMe Content through any channel, including through a third-party Social Channel, a partner’s website, or any other platform, regardless of whether those disclaimers are visible in the context in which the content was accessed.

(d) No Liability for Third-Party Distribution. SellBuyMe does not control how Members, visitors, partners, or other third parties share, present, or contextualize SellBuyMe Content outside of SellBuyMe’s owned channels. SellBuyMe bears no liability for: (i) any modification or misrepresentation of SellBuyMe Content by any third party; (ii) any failure by any third party to include appropriate disclaimers when sharing SellBuyMe Content; (iii) any impression or belief formed by any person who encounters SellBuyMe Content through a third-party channel that SellBuyMe is providing professional advice of any kind; or (iv) any loss, damage, or harm arising from any person’s reliance on SellBuyMe Content encountered through any third-party channel.

(e) Intellectual Property. Sharing SellBuyMe Content through any channel does not transfer ownership of any SellBuyMe intellectual property. All SellBuyMe Content remains the property of SellBuyMe, LLC and/or SellBuyMe IP, LLC. No license beyond personal, non-commercial sharing is granted by these Terms. Unauthorized commercial use, reproduction, or distribution of SellBuyMe Content is prohibited and may constitute infringement of SellBuyMe’s intellectual property rights.

10A.8 Influencer and Promotional Partnerships

SellBuyMe may from time to time engage individuals or entities, including but not limited to social media influencers, content creators, brand ambassadors, affiliate marketers, and promotional partners (collectively, “Promotional Partners”), to promote the Platform, SellBuyMe Content, or SellBuyMe services through their own channels. Promotional Partner arrangements may be compensated or uncompensated and may involve payment, referral fees, affiliate commissions, free access to Platform features, or other forms of consideration.

FTC Disclosure Compliance. Promotional Partners who have a material connection to SellBuyMe — including any form of compensation, free product or service, affiliate commission, or other benefit — are required by applicable law, including the Federal Trade Commission’s Endorsement Guides (16 C.F.R. Part 255), to clearly and conspicuously disclose that material connection in any content that promotes or endorses SellBuyMe or the Platform. SellBuyMe requires all compensated Promotional Partners to comply with applicable FTC disclosure requirements and equivalent state law requirements as a condition of their promotional arrangement with SellBuyMe.

SellBuyMe’s Disclaimer. SellBuyMe does not control the specific content, statements, or representations made by Promotional Partners in their promotional activities. Promotional Partner content reflects the views and opinions of the individual Promotional Partner and does not constitute an endorsement, guarantee, or warranty by SellBuyMe of any claim made in that content. All Promotional Partner content promoting the Platform is subject to the disclaimers set forth in Section 10A.4. The informational and educational nature of SellBuyMe Content, and SellBuyMe’s disclaimer of liability with respect to that content, apply in full to any content shared by a Promotional Partner, whether or not the Promotional Partner includes those disclaimers in their own posting.

Member Promotions. Members and visitors who choose to promote or recommend the Platform through their own channels on an uncompensated, voluntary basis are not considered Promotional Partners under this Section. Such activity is governed by Section 10A.7(a). However, if any Member receives compensation, referral fees, or other consideration in connection with promoting the Platform, they are subject to the same FTC disclosure requirements described in this Section 10A.8 and must clearly disclose their material connection to SellBuyMe in any promotional content.

Indemnification. Any Promotional Partner who fails to make required disclosures under the FTC Endorsement Guides or applicable law, and whose failure results in regulatory action, claim, fine, or legal proceeding against SellBuyMe, agrees to indemnify, defend, and hold harmless SellBuyMe and its members, managers, officers, employees, agents, and affiliates from and against any resulting claims, liabilities, damages, fines, costs, and expenses, including reasonable attorneys’ fees. This indemnification obligation is in addition to any indemnification provided in any separate written agreement between SellBuyMe and the Promotional Partner.

11. Fees and Affiliated Business Arrangements

11.1 Free Access for Members

The Platform is currently offered free of charge to Sellers and Buyers. SellBuyMe generates revenue through commercial arrangements with Preferred Service Providers, which may include lead generation fees and referral compensation arrangements with Preferred Service Providers. These arrangements do not create any financial obligation on your part as a Member. The existence of these arrangements does not create any financial obligation on your part as a Member.

11.2 Regulatory Disclosures

SellBuyMe will provide any disclosures required by applicable law in connection with referrals made through the Platform to settlement service providers, including mortgage lenders or loan originators. The nature and form of any such disclosure will be determined by the applicable legal requirements at the time of the referral. SellBuyMe’s current commercial arrangements with mortgage lenders are structured as arm’s-length lead generation agreements under which SellBuyMe receives a flat fee per introduction. You are free at all times to obtain mortgage and settlement services from any provider of your choosing.

11.3 PSP Fees

Fees charged by PSPs for their services are determined solely by those PSPs and are not set or guaranteed by SellBuyMe. You are responsible for all fees owed to any PSP you engage. SellBuyMe is not responsible for collecting, processing, or refunding any amounts owed to or by any PSP.

12. Platform Rules

12.1 Prohibited Conduct

All Members agree not to:

• Submit false, misleading, or fraudulent information in any Listing, inquiry, profile, or communication;
• Impersonate any person or entity or misrepresent your identity or authority;
• Use the Platform to facilitate any unlawful transaction or activity;
• Discriminate against any Member on the basis of race, color, national origin, religion, sex, familial status, disability, or any other characteristic protected by applicable law;
• Harass, threaten, or engage in abusive conduct toward any Member or PSP;
• Use automated means, bots, or scrapers to access the Platform without express written permission;
• Attempt to gain unauthorized access to any portion of the Platform or another Member’s account;
• Introduce malicious code, viruses, or disruptive materials into the Platform;
• Use the Platform to build a competing product or service without prior written consent;
• Reproduce or distribute Platform content without authorization;
• Use any referral, invite, or promotional feature to transmit unsolicited commercial communications in violation of applicable law, including the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, and the CAN-SPAM Act.

12.2 Referral and Invite Features

If the Platform offers referral or invite link features, you may use them only to invite individuals who have given you permission to share their contact information and who would genuinely welcome the invitation. You may not use referral features to send mass or unsolicited communications. You agree to indemnify SellBuyMe against any claims arising from your misuse of any referral or invite feature, including claims under the TCPA or applicable state anti-spam laws.

12.3 Content Standards

All Member Content must be accurate, lawful, and respectful. You may not submit content that: is false, misleading, or fraudulent; infringes any copyright, trademark, or other intellectual property right; contains personal attacks, hate speech, or discriminatory content; violates any applicable law; or contains malware or harmful code.

12.4 Push Notifications and Electronic Communications

By creating an account, submitting your contact information through any Platform feature, signing up for the SellBuyMe waitlist, or otherwise providing your contact information to SellBuyMe through any channel, you expressly consent to receive marketing and promotional communications from SellBuyMe, including push notifications, in-app messages, and emails, on an ongoing basis unless and until you explicitly opt out. This consent to marketing communications survives account closure, transaction completion, and the end of any active use of the Platform. SellBuyMe reserves the right to market and solicit to any individual who has provided their contact information through any Platform touchpoint for as long as that individual remains on SellBuyMe’s marketing list and has not submitted a valid opt-out request.

SMS and text message marketing communications require your separate, affirmative opt-in consent, which will be obtained through a distinct opt-in mechanism at the time of account registration or as otherwise presented on the Platform. By affirmatively opting into SMS marketing communications, you consent to receive marketing text messages from SellBuyMe at the phone number provided. Standard message and data rates may apply. You may opt out of SMS marketing communications at any time by replying STOP to any SMS marketing message.

In addition to marketing communications, by creating an account and installing the SellBuyMe mobile application, you consent to receive transactional push notifications and in-app messages in connection with your use of the Platform. Transactional communications may include showing confirmations, listing updates, inquiry alerts, verification prompts, and account activity notices. Transactional and account-related communications are necessary for the operation of the Platform and will continue to be sent regardless of your marketing communication preferences.

You may opt out of marketing communications at any time by: adjusting your notification preferences in your account settings; clicking any unsubscribe link in an email communication; replying STOP to any SMS marketing message; or contacting us at support@sellbuymere.com. SellBuyMe will honor valid opt-out requests within ten (10) business days as required by the CAN-SPAM Act and applicable law. Opting out of marketing communications does not affect your receipt of transactional, account-related, or legally required communications.

To the extent any push notification or electronic communication constitutes a commercial message subject to the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), or applicable state law, SellBuyMe will comply with all applicable requirements. You acknowledge that standard message and data rates may apply to SMS communications.

13. Termination and Suspension

13.1 Termination by You

You may stop using the Platform at any time. To request account deletion, contact support@sellbuymere.com. Active Listings will be removed upon account deletion.

13.2 Termination by SellBuyMe

We may suspend or terminate your access to the Platform at any time, with or without notice, for any reason we deem sufficient, including violation of these Terms, fraudulent or harmful conduct, or risk to the Platform or other Members. We may remove any Listing or Member Content at our discretion.

13.3 Survival

Sections 3.2, 5.2, 6, 7, 8A.3, 8A.5, 9.2, 10, 10A.4, 10A.5, 10A.6, 10A.7, 10A.8, 12.4, 15, 16, 17, 19, and 20 survive termination of your account or these Terms.

13.4 Account Inactivity

SellBuyMe reserves the right to take any or all of the following actions with respect to accounts that have been inactive for an extended period, as determined by SellBuyMe in its sole discretion: suspend or remove active Listings associated with the inactive account; send notice to the Member’s registered email address prior to any action; deactivate or archive the account; or permanently delete the account and associated data, subject to our data retention obligations under applicable law and our Privacy Policy. SellBuyMe bears no liability for any loss, missed opportunity, or harm arising from actions taken with respect to an inactive account, including removal of Listings. Members are responsible for keeping their account active and their contact information current. SellBuyMe will endeavor to provide reasonable advance notice before taking action on an inactive account where practicable, but is not obligated to do so.

14. Reviews

SellBuyMe may introduce a Member review system in the future. Any review feature will be governed by a Reviews Policy that will be published on the Platform and incorporated into these Terms at the time of launch. Until such a policy is published, Members may not post reviews of other Members or PSPs through the Platform.

15. Disclaimer of Warranties

THE PLATFORM, ALL LISTINGS, MEMBER CONTENT, ANALYTICAL TOOLS, AUTOMATED VALUATIONS, AI-GENERATED OUTPUTS, THIRD-PARTY DATA, PLATFORM TOOLS, EDUCATIONAL RESOURCES (INCLUDING ALL GUIDES, TIPS, ARTICLES, BLOG POSTS, CHECKLISTS, MARKET COMMENTARY, AND VIDEO CONTENT), AND PREFERRED SERVICE PROVIDER INTRODUCTIONS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

SELLBUYME SPECIFICALLY DISCLAIMS ANY WARRANTY THAT: (A) THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (B) ANY LISTING IS ACCURATE OR COMPLETE; (C) ANY PROPERTY IS SAFE, HABITABLE, OR FREE FROM DEFECTS; (D) ANY PSP IS QUALIFIED, LICENSED, INSURED, OR COMPETENT; (E) ANY PLATFORM TOOL OUTPUT, INCLUDING ANY BUYER’S CALCULATOR, SELLER’S CALCULATOR, SAVINGS CALCULATOR, OR FUTURE TOOL OUTPUT, OR ANY EDUCATIONAL RESOURCE IS ACCURATE, COMPLETE, CURRENT, OR SUITABLE FOR USE IN ANY REAL ESTATE, FINANCIAL, OR INVESTMENT DECISION; (F) ANY THIRD-PARTY DATA FROM ANY DATA PROVIDER, INCLUDING ANY CURRENT OR FUTURE DATA PROVIDER, IS ACCURATE, COMPLETE, OR CURRENT; (G) AI-GENERATED OUTPUTS ARE FREE FROM ALGORITHMIC BIAS OR MODEL LIMITATIONS; OR (H) USE OF THE PLATFORM WILL RESULT IN A COMPLETED REAL ESTATE TRANSACTION.

DATA PROVIDERS ARE INDEPENDENT THIRD PARTIES. SELLBUYME DOES NOT CONTROL THEIR DATA, ALGORITHMS, OR METHODOLOGIES. DATA PROVIDERS MAY CHANGE AT ANY TIME WITHOUT NOTICE.

SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES. IN THOSE JURISDICTIONS, THE FOREGOING EXCLUSIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SELLBUYME AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
• PERSONAL INJURY OR DEATH OCCURRING IN CONNECTION WITH ANY PROPERTY SHOWING, TOUR, OR IN-PERSON MEETING ARRANGED THROUGH THE PLATFORM;
• PROPERTY DAMAGE, THEFT, OR LOSS OCCURRING IN CONNECTION WITH ANY PROPERTY SHOWING OR TOUR;
• FINANCIAL LOSS FROM RELIANCE ON ANY LISTING, PLATFORM TOOL OUTPUT, INCLUDING ANY BUYER’S CALCULATOR, SELLER’S CALCULATOR, SAVINGS CALCULATOR, OR FUTURE TOOL OUTPUT, ANY EDUCATIONAL RESOURCE, AUTOMATED VALUATION, AI-GENERATED ESTIMATE, OR THIRD-PARTY DATA FROM ANY DATA PROVIDER;
• LOSS FROM INACCURATE, INCOMPLETE, OUTDATED, OR ERRONEOUS THIRD-PARTY DATA, INCLUDING PROPERTY VALUATIONS, RENOVATION ESTIMATES, RENTAL PROJECTIONS, OR MARKET DATA;
• LOSS FROM ANY ACT, OMISSION, NEGLIGENCE, MALPRACTICE, OR MISCONDUCT OF ANY PSP OR AFFILIATED JOINT VENTURE ENTITY;
• LOSS FROM A FAILED, DELAYED, OR DISPUTED REAL ESTATE TRANSACTION;
• LOSS FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT OR MEMBER CONTENT;
• ANY OTHER LOSS ARISING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM.

SELLBUYME’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO SELLBUYME IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT, EVEN IF SELLBUYME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHERE APPLICABLE STATE LAW PROHIBITS CERTAIN LIMITATIONS ON LIABILITY, SUCH LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

17. Indemnification

You agree to defend, indemnify, and hold harmless SellBuyMe and its members, managers, officers, employees, agents, licensors, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

• Your violation of these Terms;
• Your Member Content, including any inaccuracy or misrepresentation in any Listing;
• Your participation in any property showing, tour, or in-person meeting arranged through the Platform;
• Any property damage, personal injury, theft, or other harm caused by you or any person you bring to a property;
• Any dispute between you and another Member or between you and any PSP;
• Your violation of any applicable law, including fair housing laws or property disclosure requirements;
• Your misuse of any referral, invite, or promotional feature, including any TCPA or anti-spam claim;
• Your failure as a compensated or otherwise materially connected Promotional Partner to make required disclosures under the FTC Endorsement Guides (16 C.F.R. Part 255) or applicable state law, including any regulatory action, fine, or claim brought against SellBuyMe arising from your non-disclosure;
• Your infringement of any third-party intellectual property or other right.

18. Fair Housing and Compliance with Applicable Law

SellBuyMe is committed to equal housing opportunity. The Platform may not be used to discriminate against any person in violation of the Fair Housing Act (42 U.S.C. § 3601 et seq.), the Equal Credit Opportunity Act, the Americans with Disabilities Act, or any applicable federal, state, or local fair housing or anti-discrimination law. State and local laws may provide protections beyond federal minimums; Members are responsible for compliance with all applicable law in their jurisdiction.

Members acknowledge that real estate laws, disclosure obligations, and consumer protection statutes vary significantly by state and locality. You are solely responsible for understanding and complying with all laws applicable to your transaction in any jurisdiction where you access or use the Platform.

State Consumer Protection Laws. Nothing in these Terms is intended to waive or limit rights that cannot be waived under applicable mandatory state consumer protection law. Where any provision of these Terms conflicts with a mandatory provision of applicable state law, the applicable law controls to the minimum extent necessary to resolve the conflict, and all remaining provisions remain in full force.

19. Dispute Resolution and Arbitration

THIS SECTION CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.

19.1 Informal Resolution First

Before initiating any formal dispute proceeding, you agree to contact SellBuyMe at support@sellbuymere.com with a written description of your dispute and the relief you seek. We will attempt to resolve the dispute informally within 30 days. Neither party may initiate arbitration until this period has expired without resolution.

19.2 Binding Individual Arbitration

Except for claims that qualify for small claims court, all disputes, claims, or controversies arising out of or relating to these Terms, the Platform, any property showing, any interaction with any PSP facilitated by the Platform, or any identity verification process conducted in connection with Platform access (“Disputes”) shall be resolved exclusively by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures then in effect. The arbitration shall be conducted in English with the seat in Wilmington, Delaware, unless otherwise agreed in writing.

19.3 Class Action Waiver

YOU AND SELLBUYME EACH WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING. ALL DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY ONLY.

19.4 Opt-Out

You may opt out of this arbitration agreement by sending written notice to support@sellbuymere.com within 30 days of first accepting these Terms. Your notice must include your name, account email address, and a clear statement that you are opting out of arbitration. Opting out does not affect any other provision of these Terms.

19.5 Exceptions

Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights or confidential information. Claims qualifying for small claims court may be brought in that forum.

19.6 Disputes Between Members

SellBuyMe has no obligation to mediate, arbitrate, or otherwise become involved in any dispute between Members or between a Member and any PSP. Such disputes are the sole responsibility of the parties involved and must be resolved directly between those parties or through appropriate legal channels.

20. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. To the extent any Dispute is not subject to arbitration, the parties consent to exclusive jurisdiction in the state or federal courts located in Wilmington, Delaware. Nothing in this Section limits any right you may have under the mandatory consumer protection laws of your state of residence that cannot be waived by contract.

21. Modifications

We may modify, suspend, or discontinue any aspect of the Platform at any time without liability. We may update these Terms at any time. We will provide notice of material changes through the Platform or by email to your registered address. Your continued use of the Platform after the effective date of updated Terms constitutes your acceptance. If you do not agree to updated Terms, you must stop using the Platform.

22. Miscellaneous

22.1 Entire Agreement

These Terms, together with the Privacy Policy and any additional terms expressly incorporated by reference, constitute the entire agreement between you and SellBuyMe regarding the Platform and supersede all prior agreements and understandings.

22.2 Severability

If any provision is found invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable. All remaining provisions remain in full force and effect.

22.3 No Waiver

Our failure to enforce any right or provision shall not constitute a waiver of that right or provision.

22.4 Assignment and Successors

You may not assign or transfer these Terms or any rights hereunder without our prior written consent. SellBuyMe may freely assign or transfer these Terms in connection with a merger, acquisition, asset sale, corporate restructuring, or change of control, including any reorganization into or under a holding company structure. These Terms bind and inure to the benefit of the parties and their permitted successors and assigns.

22.5 Force Majeure

SellBuyMe shall not be liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, pandemic, governmental action, or internet outages.

22.6 Privacy

Our Privacy Policy, incorporated herein by reference, governs the collection, use, and disclosure of your information. Please review it carefully. By using the Platform, you consent to our data practices as described in the Privacy Policy.

22.7 Contact

Questions about these Terms: support@sellbuymere.com | www.sellbuymere.com

SellBuyMe, LLC | Registered in Delaware

© SellBuyMe, LLC. All Rights Reserved.