Last Updated: 8-1-2024
Welcome to Proferty. These Terms of Use (“Terms” or “Agreement”) explain the rules that apply when you visit or use our website and related services (together, the “Services”). Please read them carefully. By using Proferty, you agree to be bound by these Terms.
If you do not agree, you should not use our Services.
1. Who We Are
Proferty (“Proferty,” “we,” “us,” or “our”) is a real estate solutions platform based in Arizona. Proferty is operated by independent business owners who run their own companies under the Proferty brand. Unlike franchise systems that sell licenses and distribute leads, each Proferty Owner operates independently and is solely responsible for their business activities.
We provide the marketing, technology, and connection platform that allows homeowners and local Proferty Owners to communicate. Proferty itself does not buy or sell homes, provide legal or financial advice, or act as a real estate broker.
2. Eligibility
Our Services are intended only for adults 18 years or older who reside in the United States. By using our Website or Services, you confirm that you meet these requirements.
3. Privacy
Please review our [Privacy Policy], which explains how we collect, use, and protect your information. By using our Services, you consent to our Privacy Policy.
4. How Our Services Work
When you share your information with Proferty, we may connect you with one or more Proferty Owners. By submitting your information, you authorize Proferty Owners to contact you using the information you provided, including by phone, email, or text (including automated dialing or prerecorded messages, where permitted by law), even if your number is on a Do Not Call list. Consent is not a condition of purchase.
Important notes:
Proferty is not a licensed real estate brokerage.
Proferty does not negotiate or guarantee offers.
Each Proferty Owner is an independent business and is solely responsible for their services and communications.
We encourage you to seek professional advice before entering into any real estate transaction.
5. Accounts
Some Services may require creating an account. You agree to keep your login secure, maintain accurate information, and accept responsibility for all activity under your account. Proferty reserves the right to suspend or close accounts if misuse is suspected.
6. Intellectual Property
All content on our Website, including branding, text, graphics, and design, belongs to Proferty or its licensors. You may not copy, reproduce, or distribute our content without permission. “Proferty” and related marks are trademarks of Proferty.
7. Disclaimer of Warranties
Our Services are provided “as is” and “as available.” Proferty makes no guarantees or warranties, express or implied, including but not limited to:
the accuracy or reliability of information provided;
the quality, legality, or suitability of any property or transaction;
the conduct or performance of any Proferty Owner or third party.
You assume all risks associated with using our Services.
8. Limitation of Liability
To the fullest extent permitted by Arizona law:
Proferty will not be responsible for any damages (direct, indirect, incidental, consequential, or punitive) arising out of or related to your use of our Services.
If Proferty is ever found liable, the maximum total liability will be the greater of $500 or the amount you paid to Proferty in the six (6) months before the claim.
9. Indemnification
You agree to indemnify and hold harmless Proferty, its affiliates, and representatives from any claims, losses, or damages (including attorneys’ fees) resulting from your use of the Services, your breach of these Terms, or your dealings with Proferty Owners.
10. Dispute Resolution & Arbitration
Any dispute, claim, or controversy relating to your use of Proferty will be resolved through binding arbitration, conducted in accordance with the Arizona Uniform Arbitration Act (A.R.S. § 12-3001 et seq.) and the rules of the American Arbitration Association (AAA).
Arbitration will take place in Maricopa County, Arizona, unless both parties agree otherwise.
You waive the right to a jury trial or to bring or join any class actions.
Each party will bear its own legal fees unless the arbitrator awards otherwise under applicable law.
11. Governing Law & Venue
This Agreement is governed by the laws of the State of Arizona, without regard to conflict of law principles. If arbitration is unavailable or unenforceable for any reason, disputes shall be brought exclusively in state or federal courts located in Maricopa County, Arizona.
12. Updates to These Terms
We may revise these Terms from time to time. Updates will be posted here with a new “last updated” date. By continuing to use our Services after changes are posted, you agree to the revised Terms.
13. Entire Agreement
These Terms, together with our Privacy Policy, form the entire agreement between you and Proferty regarding your use of our Services.