OfflyHomes SMS Terms
When you opt in through our website, OfflyHomes may send messages about your property inquiry, buying criteria, property details, appointments, and updates. If you separately opt in to marketing texts, messages may also include property opportunities and promotions.
SMS consent is optional and is not a condition of using our services. Message frequency varies. Message and data rates may apply. Reply STOP to opt out. Reply HELP for help or call 408-290-0619. Carriers are not liable for delayed or undelivered messages.
See our Privacy Policy for information about data handling. Mobile information and SMS opt-in consent will not be sold or shared with third parties or affiliates for marketing or promotional purposes.
BY USING ANY WEBSITE, MOBILE APP OR SERVICE OF OfflyHomes, YOU AGREE TO ABIDE BY THESE TERMS OF USE BETWEEN YOU AND OfflyHomes, WHICH INCLUDE THE REFERENCED PRIVACY POLICY (“AGREEMENT”). IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE ANY OfflyHomes WEBSITE OR TO OBTAIN ANY SERVICES FROM OfflyHomes.
The OfflyHomes websites and mobile apps (collectively, “Websites”; and individually, “Website”). OfflyHomes provides numerous services, including as referenced on the Websites (“Services”).
OfflyHomes reserves the right, at its discretion, to revise the terms of this Agreement and/or change, suspend, discontinue, or modify any aspect of any Website. Your continued use of any Website after the posting of revisions constitutes acceptance of the revised terms.
1. Certification of User
By using or attempting to use this Website, you certify that you are a resident of the United States or otherwise authorized to conduct business in the United States, are at least 18 years of age, and have the legal capacity to enter into this Agreement.
2. Content and Registration
2.1 Website Content
Website content includes all areas and aspects of the Website and Services, including text, data, photos, graphics, video, software, products, services, and information provided by OfflyHomes.
2.2 Vendor Content
OfflyHomes may display or link to information, products, or services offered by third-party vendors. OfflyHomes does not guarantee the accuracy, availability, or quality of any vendor content and does not endorse vendor products or services.
2.3 Third-Party Liability
OfflyHomes is not responsible for losses or damages resulting from external sites, vendor information, or vendor products or services.
2.4 Registration
Certain Website features may require registration. You agree to maintain confidentiality of your login credentials and acknowledge that OfflyHomes may discontinue your access at any time. If you believe your account has been compromised, you must notify us immediately via our contact page.
3. Limitations on Use and User Submissions
3.1 Copyright and Trademarks
All Website content is copyrighted by OfflyHomes or its licensors. You may not copy, reproduce, distribute, or exploit any content without prior written permission, except for personal, non-commercial use.
3.2 Copyright Infringement
OfflyHomes respects intellectual property rights and may terminate access for infringing activity. Claims of infringement should be submitted through our contact page.
3.3 Restricted Use
You agree to use the Website lawfully and not transmit content that is unlawful, infringing, abusive, obscene, or otherwise objectionable.
3.4 User Submissions
By submitting content to OfflyHomes, you grant a perpetual, royalty-free, irrevocable license for OfflyHomes to use, modify, distribute, and display such content.
3.5 Public Messages and Third-Party Content
All forums are private property of OfflyHomes. You are solely responsible for any third-party content you post. OfflyHomes may remove content that violates this Agreement.
3.6 Linking
You may not link to the Website in a manner that implies endorsement or affiliation without prior written consent.
4. Access and Delays in Services
OfflyHomes is not liable for service interruptions, delays, or errors caused by events beyond its control.
5. Monitoring
You acknowledge that OfflyHomes may monitor Website activity and communications for lawful purposes.
6. Representations, Warranties, and Limitation of Liability
6.1 Disclaimer
The Website is provided “as is” without warranties of any kind. OfflyHomes disclaims all implied and express warranties.
6.2 Assumption of Risk
You assume all risks related to Website use and data accuracy.
6.3 Viruses
While reasonable efforts are made to prevent viruses, you assume responsibility for protecting your systems.
6.4 Limitation of Liability
OfflyHomes shall not be liable for incidental or consequential damages. Any liability is limited to the greater of $100 or 10% of amounts paid by you.
6.5 FTC Notice
Some states do not allow certain limitations; your rights may vary by state.
7. Indemnification
You agree to indemnify and hold harmless OfflyHomes and its affiliates from all claims arising from your use of the Website.
8. Privacy Policy
These Terms incorporate the Privacy Policy available on the Website.
9. Unsolicited Marketing
9.1 Spam Policy
OfflyHomes does not authorize use of the Service for unsolicited communications.
9.2 Electronic Marketing
Users may opt out of marketing communications via options provided or by contacting us through our contact page.
9.3 Reporting Spam
Spam or abusive communications may be reported via our contact page.
9.4 Reservation of Rights
OfflyHomes reserves the right to suspend or terminate access for violations of this policy.
10. Miscellaneous
10.1 Governing Law
These Terms are subject to applicable law.
10.2 Assignment
You may not assign your rights without written consent from OfflyHomes.
10.3 Severability
If any provision is unenforceable, the remainder shall remain in effect.
10.4 Connectivity Charges
You are responsible for any third-party connectivity charges incurred.
10.5 Termination
OfflyHomes may terminate your access at any time without affecting its legal rights.
10.6 Notice
Official correspondence should be sent to:
OfflyHomes
117 Bernal Rd Suite #301
San Jose CA 95119
10.7 California Consumer Notice
California users may contact the California Department of Consumer Affairs at 1625 North Market Blvd., Sacramento, CA 95834, or by phone at 800-952-5210.
10.8 Entire Agreement
This Agreement constitutes the entire agreement between you and OfflyHomes. Any rights not expressly granted are reserved.
