Terms & Conditions of Use

Terms & Conditions of Use

 

Welcome to outfastrealty.com and its subdomains, including the websites of Out Fast Capital and its affiliates, and the #Dealmakers mobile application (collectively referred to as the “Sites”). These Terms of Use (“Terms of Use” or “Terms”) create a legally binding agreement between you and Out Fast Capital, Inc. (“OFC”) or its subsidiaries listed here (“Listed Subsidiaries”). In these Terms, OFC and its Listed Subsidiaries are collectively referred to as “Out Fast”, “us”, “we”, or “our”. These Terms govern your use of the Sites, including any subdomains of the Sites, and the services provided through the Sites, which includes software, tools, materials, and information (collectively known as the “Service”). 

Out Fast’s real estate brokerage services (“Real Estate Services”) are separately governed by the contracts that are executed by you and Out Fast. The OFC family of companies also includes other subsidiaries and joint ventures which have their own terms and privacy policies, such as Out Fast Funding LLC, Out Fast Properties LLC, Out Fast Realty & Investments LLC, You can visit their respective websites for more information about each of these entities.

 


The terms of use detailed herein incorporate a binding arbitration provision and a class action waiver which could notably influence your legal entitlements, including your capacity to initiate a lawsuit in court and request a jury trial for your claims. We urge you to peruse these terms with caution.

  1. Agreement to Terms

Your access to and use of our Sites or Service imply your (a) comprehension and acknowledgment of these Terms, (b) agreement to adhere to these Terms, and (c) recognition that these Terms form a legally binding agreement between Out Fast and yourself. The Sites and Service are not meant for individuals below the age of 18. By accessing and using the Sites or Service, you affirm that you are at least 18 years old, or beyond the age of majority in your jurisdiction, and thus competent to enter into these Terms. You further commit to uphold these Terms and abide by all relevant laws when using the Sites and Service.

SHOULD YOU CHOOSE NOT TO ACCEPT THESE TERMS, YOU ARE REQUIRED TO EXIT THE SITES AND DISCONTINUE THE USE OF THE SERVICE IMMEDIATELY. ANY SUBSEQUENT USE OF THE SITES AND/OR SERVICE IMPLIES YOUR ACCEPTANCE OF THESE TERMS.

 

  1. Account Creation

To avail of the Service, you have the option to register or establish a user account (referred to as your “Account”) by supplying all necessary data or information accurately and honestly. Alternatively, you can use the Service without registration or an Account, though this may restrict access to certain features or functionalities. By setting up an Account or entering your email and phone contact details on any form on the Sites, you expressly agree to receive marketing communications about our Services at the given email address and phone number. These communications may be sent via email, phone, and text messages, possibly using an automated telephone dialing system and/or artificial or prerecorded voice. You also affirm that the provided number is your personal mobile number and not that of another individual. Your consent is not a prerequisite for any purchase or real estate transaction and you can withdraw it at any time by replying “STOP” to any of our texts, unsubscribing from email communications using the provided unsubscribe link, or by emailing privacy@outfastrealty.com. Standard message and data rates may apply.

You bear responsibility for any activity that transpires on your Account, irrespective of whether you authorized such use. It is crucial to maintain the confidentiality of your login credentials and to protect them from unauthorized use or exposure.

By signing up for an Account, you agree to assume complete responsibility for all actions that occur under your username and password. You acknowledge that you are forbidden from sharing your username and password with anyone, including other members of your household.

If you observe any suspicious or unauthorized use of your Account, or if you suspect your Account credentials have been lost or stolen, you must promptly and clearly notify Out Fast using the contact details provided below.

 

  1. License and Limitations

Out Fast provides you with a limited, non-transferrable, nonexclusive, and revocable license to access and utilize the Sites, Service, and any information available on the Sites or Service. This includes text, photographs, drawings, graphics, software, audio, video, and other materials (collectively referred to as “Content”). This license is for your personal use for purchasing, selling, or renting real property, analyzing the real estate market, or other limited purposes as explicitly allowed by these Terms.

You are permitted to download a single copy of the Content for your individual and non-commercial use, provided that you retain any copyright or proprietary notices in the Content.

Unless explicitly authorized by Out Fast in writing, you acknowledge and agree that you will not, nor will you permit any third party to:

  • Copy, reproduce, host, frame, download, distribute, modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties, or create derivative works from the Sites, Service, or Content;
  • Decompile, disassemble, deconstruct, or reverse engineer the Service;
  • Commercially exploit or use the Sites, Service, or Content to develop a product, service, or offering that is substantially similar or competitive to the Sites or Service;
  • Use the Sites or Service to upload or distribute any malicious software, programs, scripts, or processes such as Trojan horses, worms, bots, spiders, scrapers;
  • Use the Sites or Service to send unsolicited bulk or commercial email (“spam”), junk mail, or other unsolicited communications, or take any action that imposes an unreasonable or disproportionately large load on the Sites’ servers; or
  • Utilize the Sites, Service, or Content for any illegal, obscene, defamatory, threatening, harassing, abusive, or otherwise objectionable purposes, as determined solely by Out Fast’s discretion.

 

  1. User-Generated Content

As you navigate and utilize the Sites and Service, you may input information or content such as your Account details, real estate search parameters, messages to your contacts, Out Fast, or our representatives (collectively referred to as “User Content”). By submitting any User Content, you are granting Out Fast a nonexclusive, royalty-free, global license to utilize your User Content in line with our Privacy Policy and Data Processing Policy (collectively known as the “Out Fast Privacy Policy”), which may be updated periodically, and for the specific purpose for which you provided the User Content. You assure Out Fast, along with its affiliates, subsidiaries, and users that:

  • You possess ownership of your User Content or are authorized to provide the User Content to Out Fast;
  • Your User Content is truthful and precise, to the best of your awareness;
  • Your User Content will not infringe upon the proprietary or contractual rights of any third party;
  • Your User Content complies with all applicable laws and these Terms; and
  • Your User Content does not contain any illegal, harassing, abusive, threatening, obscene, defamatory, false, or otherwise objectionable material, as determined solely by Out Fast’s discretion.

 

  1. Responsibility for User Content

You bear sole responsibility for the User Content that you upload, post, share, or provide. This includes any claims, damages, liabilities, or actions arising from your User Content. Out Fast reserves the right, though not obligated, to remove, delete, block, disable, or amend User Content at its discretion without any prior notice or liability to you.

Out Fast has the authority, but is not obligated, to review your User Content and to restrict access to or remove any User Content that breaches these Terms or applicable law, without prior notice or liability to you. You have the ability to remove or modify your User Content at any point through your User Account.

 

  1. Feedback

During your engagement with the Sites and/or Service, you may provide, or we may request, feedback, comments, reviews, or other details about your experience (collectively referred to as “Feedback”). By providing Feedback, you grant us a nonexclusive, sublicensable perpetual license to utilize your Feedback for any purpose allowed by relevant law. This includes, but is not limited to, publishing, reproducing, displaying, transforming, translating, marketing, using in promotional materials, and creating derivatives of your Feedback, without any compensation to you. If your Feedback includes personal information about you, we will handle it in accordance with our Privacy Policy.

  1. Third-Party Resources

Via the Sites or the Service, you may access websites, software, content, or other external resources provided by third parties. You acknowledge and agree that these external resources are controlled by third parties. Out Fast has no control over such resources, does not guarantee or endorse them, and thus, is not responsible for their functionality, content, accuracy, or availability. Any use of external resources accessed through the Sites or Service is at your own risk.

  1. Intellectual Property Rights

All rights, interests, and intellectual property rights, including but not limited to copyrights, trademark rights, patent rights, trade secrets, publicity rights, and design rights related to the Sites, the Content, or the Service, along with all data, software, programs, source code, algorithms, processes, documentation, and functionalities within the Sites or Service, in all translations, media, and formats, belong exclusively to Out Fast or its licensors. They are subject to protection under applicable laws or international treaties pertaining to intellectual property. The Sites, Content, and Service cannot be copied, reproduced, altered, or modified without the explicit written consent of Out Fast.

You acknowledge that you are granted a license to use the Sites, Content, and Service and do not acquire any ownership or rights to the Sites, Content, or Service.

The Out Fast name, logo, and other marks, trade names, service marks, taglines, or logos (collectively referred to as the “Trademarks”) appearing in relation to the Sites or the Service are, and remain, the exclusive property of Out Fast or its licensors. They are protected by applicable laws or international treaties related to intellectual property. You are prohibited from using the Trademarks to promote your services, imply Out Fast’s endorsement or guarantee of you or your business, or for any other purpose without the prior written consent of Out Fast.

  1. Termination by User

You have the right to discontinue using the Sites and Service at any point. If you decide to terminate your Account, please contact Out Fast as outlined below.

  1. Service Interruption and Changes

Out Fast reserves the right to disrupt the Sites or Service for maintenance, system updates, or any other alterations. Whenever feasible, you will be notified beforehand about any such interruptions.

Out Fast may at any time modify, remove, suspend, disable, or terminate the Sites or Service, or parts of the Sites or Service, their Content, products, or other materials without any notice or obligation to you.

Also, the Sites or Service may be unavailable due to circumstances beyond Out Fast’s reasonable control, such as “force majeure” events, which include but are not limited to, labor disputes, infrastructural failures, power outages, or failures in telecommunication lines.

  1. Disclaimer of Warranties

THE SITES, SERVICE, AND CONTENT ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SITES AND SERVICE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, EXP EXPLICITLY DISCLAIMS ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES — WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF ACCURACY, AVAILABILITY, MERCHANTABILITY, SUITABILITY FOR A SPECIFIC PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. EXP DISCLAIMS ANY WARRANTIES THAT THE CONTENT OR SERVICE WILL BE ACCURATE, CURRENT, COMPLETE, OR ERROR-FREE, OR THAT TRANSMISSIONS TO OR FROM THE SITES WILL BE UNINTERRUPTED.

WITHOUT LIMITING THE ABOVE, EXP, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, OFFICERS, DIRECTORS, AGENTS, PARTNERS, SUPPLIERS, AND EMPLOYEES DO NOT WARRANT THAT (A) THE CONTENT IS ACCURATE, RELIABLE, CURRENT, COMPLETE, OR CORRECT; (B) THE SERVICE WILL MEET YOUR REQUIREMENTS; (C) THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; (D) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (E) THE SERVICE WILL OPERATE WITH A PARTICULAR HARDWARE OR SOFTWARE CONFIGURATION; OR (F) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE ACQUIRED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING FROM SUCH DOWNLOAD OR USE OF THE SERVICE.

EXP DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SITE OR SERVICE, AND EXP SHALL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

FEDERAL LAW, SOME STATES, AND OTHER JURISDICTIONS, DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES. THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

  1. Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EXP, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, LICENSORS, AGENTS, PARTNERS, SUPPLIERS, AND EMPLOYEES BE LIABLE FOR: (A) ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF SUBSTITUTE SERVICE, OR OTHER INTANGIBLE LOSSES, RESULTING FROM OR RELATED TO THE USE OF, OR INABILITY TO USE, THE SERVICE; (B) THE ACTIONS OR OMISSIONS OF ANY THIRD-PARTY, INCLUDING WITHOUT LIMITATION ANY SERVICE PROVIDER OR USER; (C) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (D) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (E) ANY DELAY, INTERRUPTION, OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (F) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE; OR (G) ANY USER CONTENT.

IN NO EVENT SHALL EXP AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, LICENSORS, AGENTS, PARTNERS, SUPPLIERS, AND EMPLOYEES BE LIABLE FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS EXCEEDING THE AMOUNT YOU HAVE PAID TO EXP UNDER THESE TERMS IN THE PREVIOUS TWELVE (12) MONTHS, OR THE DURATION OF YOUR USE OF THE SERVICE, WHICHEVER IS SHORTER. THIS LIMITATION OF LIABILITY SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION, REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF EXP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

  1. Indemnification

You agree to defend, indemnify, and hold harmless Out Fast and its subsidiaries, affiliates, officers, directors, shareholders, licensors, agents, partners, suppliers, and employees from any claims or demands, damages, obligations, losses, liabilities, costs, and expenses, including but not limited to legal fees and expenses, resulting from or related to: (a) your use of the Sites, Content, and/or Service; (b) your violation of these Terms, including but not limited to, any breach of the representations and warranties herein; (c) your violation of any third-party rights, including but not limited to, any privacy or intellectual property rights; (d) your violation of any law, rule, or regulation; (e) your User Content or Account information, including but not limited to, any misleading, false, or infringing information; (f) your willful misconduct; or (g) any unauthorized access to the Sites or Service resulting from you sharing or disclosing your username and password.

 

  1. No Professional Advice

The Sites and Service are intended solely for informational purposes and do not constitute legal, accounting, tax, employment, real estate, or any other professional advice. You are encouraged to consult with appropriate professionals before making any decisions based on the information or services provided on the Sites or through the Service. Your reliance on any information or services provided by Out Fast, its affiliates, partners, or others appearing on the Sites or Service at the invitation of Out Fast or otherwise, is solely at your own risk.

  1. Arbitration; Class Action Waiver

YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND EXP ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE SITES OR SERVICE, YOUR RIGHTS OF PRIVACY, OR OUR RELATIONSHIP WILL BE RESOLVED BY BINDING ARBITRATION. Arbitration will be conducted by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules. By agreeing to these terms, you expressly and knowingly waive your right to file a lawsuit in court or have a trial by jury. The arbitration will take place in Hillsborough County, Florida, and will be conducted by a single arbitrator. Any cause of action you may have under these Terms must be commenced within one (1) year after the claim or cause of action arises. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Each party will bear its own legal costs for the arbitration.

Arbitration may be initiated by either you or Out Fast at any time. The party initiating arbitration must first send a notice of the dispute to the other party, either to Out Fast at the address listed below or to you at your address on file with Out Fast, via certified mail or a reputable courier service. The notice must include contact information for the party initiating arbitration and a detailed description of the dispute. Both parties agree to make a good faith effort to resolve the dispute prior to initiating arbitration. If a resolution cannot be reached within thirty (30) days of receiving the notice, either party may initiate arbitration by filing a case with the AAA.

This arbitration clause does not limit Out Fast’s right to seek alternative remedies, including, without limitation, injunctive relief in a court of law.

Class Action Waiver

By using the Sites and/or Service, you agree that any claims you bring against Out Fast will be conducted solely on an individual basis and not as part of a class, consolidated, or representative action. You hereby waive your right to participate in a class-action lawsuit or class-wide arbitration for any claims covered by this agreement to arbitrate.

If a court determines that this class action waiver is void or unenforceable, or that arbitration can proceed on a class basis, then the above arbitration agreement shall be deemed null and void in its entirety, and the dispute will be adjudicated in the federal or state courts located in Hillsborough County, Florida.

YOU ACKNOWLEDGE THAT WITHOUT THIS SECTION, YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU HAVE CHOSEN TO HAVE ANY CLAIMS RESOLVED INDIVIDUALLY AND THROUGH ARBITRATION.

Small Claims Court

Notwithstanding the above, this arbitration agreement does not prevent you from bringing any disputes that fall within the jurisdiction of a small claims court to such a court.

  1. Claims of Copyright Infringement (Digital Millennium Copyright Act)

Out Fast respects the intellectual property rights of others and complies with the provisions of the Digital Millennium Copyright Act (DMCA) (17 U.S.C. § 512, as amended). Our policy is to respond promptly to any notice indicating that content posted on our Sites infringes on the copyright rights of others. We will investigate all claims of copyright infringement and take appropriate actions, which may include removing the infringing content and terminating user access, where necessary. If you believe that any information posted on our Site or provided through the Service violates your copyright, please submit a notice to Out Fast as detailed in our DMCA Statement.

  1. Accessibility

Out Fast is dedicated to making the Sites and Service accessible to all users. We have taken measures and continue to regularly evaluate the Sites and Service to ensure compliance with generally accepted standards for accessibility. If you encounter any difficulties accessing any part of the Sites and/or Service, please contact us at accessibility@outfastrealty.com.

  1. Governing Law; Venue

These Terms are governed by and should be interpreted in accordance with the laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule.

  1. Privacy Policy and Data Processing Policy

We may collect, use, and disclose your personal information that we receive through your use of the Sites or Service, as outlined in the Out Fast Privacy Policy. The Out Fast Privacy Policy is hereby incorporated into these Terms by reference. To understand more about how we handle your personal information, please refer to the Out Fast Privacy Policy.

  1. Changes to these Terms

Out Fast retains the right to amend or modify these Terms at any time. If changes occur, we will inform you by updating the effective date above and posting the new Terms here. These changes will come into effect on the date the new Terms are posted.

Your ongoing use of the Sites and/or Service implies your acceptance of the updated Terms. If you do not agree to the changes, you should stop using the Sites and Service immediately.

  1. General Provisions

Failure of Out Fast to enforce any right or provision under these Terms does not constitute a waiver of such right or provision. Out Fast reserves the right to transfer, assign, novate, or subcontract any or all rights or obligations under these Terms without any prior notification to you. You are not permitted to assign or transfer your rights or obligations under these Terms without Out Fast’s written consent. Nothing in these Terms establishes a joint venture, partnership, employment, beneficiary, or agency relationship between you and Out Fast. If any provision of these Terms is deemed or becomes invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. These Terms can only be modified in writing by Out Fast. These Terms, the Out Fast Privacy Policy, and any other Out Fast policy represent the entire Agreement between you and Out Fast regarding the subject matter herein. These Terms will be enforced to the fullest extent permitted by law.

  1. Electronic Signature

By using the Sites or Service, or by clicking to accept these Terms, you acknowledge and understand that this represents your electronic signature. This electronic signature creates a legally binding contract under these Terms. You also acknowledge that other legal documents available through the Sites and/or Service may require electronic execution. By providing your electronic signature, you consent to these terms and conditions and agree to be bound by them.

  1. Contact Us

If you need to contact us, please use the following details:

Out Fast

1718 E 7th Ave, Suite 201B, Tampa, FL 33605

Email: privacy@outfastrealty.com

WHATEVER YOU NEED

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WHATEVER YOU NEED

WE'VE GOT YOU COVERED

OUTFAST REALTY, LLC