This Terms of Service Agreement (this “Agreement”) is a binding agreement between you and Nexus Partners, LLC and its affiliated companies (collectively, “Nexus Homebuyers,” “we,” “us,” or “our”) providing the terms and conditions for your use of our website, www.nexushomebuyers.com (the “Site”), all associated websites owned or operated by us, and the various content, features, software, and services offered on and in connection with these websites (collectively, with the Site, the “Services”). This Agreement is effective as of April 26, 2023. This version of the Agreement replaces and supersedes any prior terms of service applicable to the Site and Services.
This Agreement contains warranty and liability disclaimers.
We reserve the right, in our sole discretion, to revise this Agreement at any time. Any changes to this Agreement will be included in a revised version accessible at www.nexushomebuyers.com/terms. Your continued use of our Services following posting of any changes to this Agreement constitutes your unconditional acceptance and agreement to be bound by the changed terms. Accordingly, we urge you to review this Agreement at the start of each use of our Services.
1. General Terms
1.1 Using Our Services
1.1.1 General Requirements, Binding Effect
This Agreement constitutes a legally binding agreement between you and Nexus Homebuyers. By using the Services, you: (1) acknowledge that you have read and understood this Agreement; (2) represent that you are 18 years of age or older and of legal age to enter into a binding agreement; and (3) accept the terms of this Agreement and agree that you are legally bound by them. Your use of the Services manifests your agreement to be bound by this Agreement each time you access the Services. If you do not agree to any of the terms in this Agreement, do not use or access the Services.
By accessing our Services, you agree to abide by all applicable local, state, national, and international laws and regulations in your use of our Services. You acknowledge that your use of the Services is at our sole discretion and your license to use the Services may be terminated by us at any time, for any reason or for no reason. We reserve the right, in our sole discretion, to refuse service, to block or prevent future access to and use of the Services, to terminate any user’s account, and to alter or delete any material submitted to the Service through the user’s account, where applicable. Following termination of this license, this Agreement shall apply to the extent practicable.
Our Services are intended only for personal, non-commercial use by U.S. residents aged 18 years and over only. If you do not meet this criteria, you agree to immediately discontinue use of our Services. Any use of the Services by persons under 18 years of age will result in immediate termination of their use of the Services. We reserve the right to refuse to provide our Services to anyone at any time.
Nexus Homebuyers grants to you a limited, non-exclusive, non-transferable, revocable license (without the right to sublicense) to access and use our Services in accordance with the terms and conditions set forth in this Agreement. You may view, copy, download, or print materials from the Services for your personal use only. In this context, “personal use” does not include posting, uploading, or otherwise publishing the materials for any commercial purpose, except with our express written permission. Nexus Homebuyers reserves all right, title and interest not expressly granted under this license to the fullest extent permitted by law. Any use of our Services not expressly permitted under this Agreement is strictly prohibited.
1.1.3 Copyrights, Trademarks and Other Intellectual Property
Unless otherwise noted, all content provided on or through our Services, including images, illustrations, designs, icons, photographs, video clips, text, and other material, is the property of Nexus Homebuyers or its suppliers, licensors, talent, partners, or affiliates and is protected by United States and international copyright laws. Any and all content available through our Services is either the property of Nexus Homebuyers or is used by us with the permission of its owner. The compilation of the Site is the exclusive property of Nexus Homebuyers and is protected by United States and international copyright laws. You agree that you will not take any actions inconsistent with Nexus Homebuyers’ ownership of the Site, Services, and content.
The trademarks, logos, and service marks displayed through the Services are owned by Nexus Homebuyers and other third parties, and the Services’ trade dress is owned by Nexus Homebuyers. All trademarks not owned by Nexus Homebuyers are the property of their respective owners, and, where used by Nexus Homebuyers, are used with permission. Nothing contained in the Services may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. Nexus Homebuyers’ trademarks and/or trade dress may not be copied, imitated, or used, in whole or in part (including use in metatags or in hidden text), without our prior written permission. You agree that you will not take any actions inconsistent with Nexus Homebuyers’ ownership of, or any third party’s ownership of, the trademarks and trade dress used on or in the Services.
Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the materials on the Services, including any copyrighted ,patented, or trademarked content. You may only use the materials and content on the Services as expressly permitted in this Agreement and for no other purpose. Any unauthorized use of any content or materials on the Services is strictly prohibited and may violate copyright ,patent, and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
1.1.4 Infringement, DMCA Notice
We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances, and at our sole discretion, we may terminate and/or disable access to and use of the Services by users suspected of infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances, and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity.
You agree that you will not use our Services in any manner that infringes the rights of any third party. In accordance with the Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512 (“DMCA”), if you are a copyright holder and believe your work has been used in our Services in a way that constitutes copyright infringement, please send a written notice to us at:
Nexus Homebuyers, c/o Legal Team
118 N Peters Rd Ste 106
Knoxville, TN 37923
To find out what to include in the notice, click here to read the DMCA.
If you send your notice by email, please make sure to write “DMCA Copyright Notice” in the subject line. We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
1.1.5 Other Restrictions
Except as expressly provided in this Agreement, and without altering the scope of the license granted to you, you are hereby prohibited from: (a) modifying, adapting, translating, copying, reproducing, imitating, distributing, publishing, or reselling the Services or any of the content on the Services; (b) bypassing any technical measures used to prevent or restrict access to any portion of the Services; (c) reverse engineering, decompiling, disassembling, or otherwise obtaining the source code of the Services, except as interpreted and displayed in a web browser; (d) using or attempting to use any data mining, robot, spider, or similar automated or manual data gathering and extraction tools to access the Services’ listings or content, including, specifically, including specifically, with the purpose of obtaining lists of users or property listings available through our Services; (e) circumventing or attempting to circumvent the security of the Services; (f) interfering or attempting to interfere with the proper working of the Services or otherwise engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Nexus Homebuyers or users of the Services or expose them to liability; (g) altering or modifying, or attempting to alter or modify any part of the Services; (h) attempting to gain unauthorized access to any portion of the Services or any systems or networks connected to the Services through hacking, cracking, mining, phishing, or any other means; (i) accessing or attempting to access password protected, secure, or non-public areas of the Services, except as authorized by Nexus Homebuyers; (j) taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or any systems or networks connected to the Services; (k) using reports, content, electronic documentation, or other materials available on the Services to feed any downstream product, application, or website; (l) engaging in any activity that markets another business or attracts Nexus Homebuyers users to a third party; (m) making commercial use of the Services or any of the associated content; (n) using the Services to stalk, harass, bully, or harm another person; or (o) engaging in or promoting illegal activities.
From time to time, we may make available on our Services certain services, features, or sections that allow users to post or upload materials to our Services. If you submit to us or post through our Services any property listing, testimonial, comment, review, suggestion, communication, message, photograph, text, data, or any work of authorship (collectively, “Submissions”) including, without limitation, Submissions about any of our products or services, whether publicly posted or privately transmitted, you understand that such Submissions are the sole responsibility of the person from which such Submissions originated. Therefore, you, and not Nexus Homebuyers, are solely responsible for all Submissions that you upload, post, email, transmit, or otherwise make available through the Site or any related services.
You represent and warrant that you own or otherwise control all the rights, titles, and interests to any Submissions that you upload, transmit, or otherwise make available through our Services, that use of any Submissions you provide does not violate the intellectual property rights or any other rights of any third parties, and that use of Submissions you provide will not cause injury to any person or entity.
Without limiting the foregoing, you represent and warrant that you will not: (a) provide any Submissions that are unlawful (according to local, state, federal or international law) or any Submissions that advocate illegal activity; (b) provide any Submissions that are defamatory, false, or libelous, or that contains unlawful, harmful, threatening, harassing, discriminatory, abusive, profane, pornographic or obscene material; (c) provide any Submissions that you do not have a right to provide under law or under a contractual or fiduciary relationship; (d) provide any Submissions that violate the intellectual property rights of others; (e) provide any Submissions that contain software viruses or other harmful devices; or (f) impersonate any other person or entity or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submissions you provide.
When you post or submit Submissions to our Services, you hereby expressly grant Nexus Homebuyers a royalty-free, perpetual, non-exclusive, irrevocable right and license to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, exploit, sublicense, or otherwise distribute and display Submissions and any ideas, concepts, know-how, or techniques contained therein for any reason and in any manner it chooses, alone or as a part of other works, in any form, medium or technology now known or later developed, without restriction and without compensation of any kind to you, and you waive all moral rights in all such Submissions. Therefore, we request that you not provide us Submissions in which you do not wish to grant us rights.
Nexus Homebuyers disclaims any and all liability for any Submissions emailed, transmitted, posted, or otherwise made available via our Services. The opinions expressed in postings or other Submissions on our Services may not represent the views or opinions of Nexus Homebuyers or its advertisers, sponsors, affiliated or related entities. We do not represent or guarantee the truthfulness, accuracy, or reliability of any Submissions. Any Submissions on the Services are provided “as is.” You understand that by using our Services, you may be exposed to Submissions that are inaccurate, offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for any Submissions, including, but not limited to, for any errors or omissions in any Submissions, or for any loss or damage of any kind incurred as a result of the use of any Submissions posted, emailed, transmitted or otherwise made available via our Services. You should be aware that your use of and reliance on Submissions is at your own risk.
Nexus Homebuyers has no obligation to review, monitor, delete, or edit the Services, including user Submissions. However, you acknowledge and agree that Nexus Homebuyers has the right to do so at any time in its sole discretion, for any reason or no reason, with or without notice. We shall not be liable for any alteration or deletion of any Submissions. You acknowledge, consent, and agree that Nexus Homebuyers may access, preserve, and disclose any inappropriate conduct, your account information, and any Submissions you submit if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Submissions violate the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Nexus Homebuyers, its affiliates, personnel, other users, and the public.
1.2.1 No Warranty
THE SERVICES AND ALL ASSOCIATED CONTENT IS PROVIDED BY NEXUS HOMEBUYERS ON AN “AS IS” AND “AS AVAILABLE” BASIS. INFORMATION ACCESSIBLE THROUGH THE SERVICES IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND FOR YOUR CONVENIENCE. YOUR USE OF AND RELIANCE ON THE SERVICES AND ANY CONTENT AVAILABLE IS AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEXUS HOMEBUYERS DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, STATUTORY, OR OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, AND OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING, USAGE, OR TRADE. NEXUS HOMEBUYERS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON THE SERVICES.
THE SERVICES ARE CONTROLLED, OPERATED, AND ADMINISTERED BY NEXUS HOMEBUYERS FROM ITS OFFICES WITHIN THE UNITED STATES. NEXUS HOMEBUYERS MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THE SERVICES IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU ACCESS THE SERVICES FROM A LOCATION OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS AND NEXUS HOMEBUYERS ACCEPTS NO RESPONSIBILITY FOR SUCH ACCESS. Any offer for any service or product made is void where prohibited.
1.2.2 Assumption of Risk
YOU VISIT NEXUS HOMEBUYER’S REAL PROPERTY AND SURROUNDING PREMISES (COLLECTIVELY, THE “PREMISES”) AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ANY AND ALL RISK FOR ANY PROPERTY DAMAGE OR LOSS, OR BODILY, MENTAL, OR PERSONAL INJURY, INCLUDING DEATH, RELATING TO OR ARISING FROM VISITING THE PREMISES.
1.2.3 Not a Legal or Professional Advisor
You acknowledge and agree that Nexus Homebuyers is not engaged in rendering legal, tax or other professional services. If legal, tax or other professional assistance is required, including but not limited to the review of agreements and forms made available to you through our Services, the services of a competent professional should be sought.
1.3 Limitation of Liabilityy
NEITHER NEXUS HOMEBUYERS NOR ANY OF NEXUS HOMEBUYERS’ employees, subsidiaries, affiliates, agents, representatives, distributors, or licensors WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY OR OTHERWISE), ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF, OR INABILITY TO USE, OUR SERVICES, INCLUDING BUT NOT LIMITED TO: (1) Personal Injury, property damage, cost of substitute goods or services, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOST DATA ,OR LOST PROFIT; (2) attorneys’ fees; or (3) any other INDIRECT, INCIDENTAL, Special, Exemplary, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF NEXUS HOMEBUYERS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, NEXUS HOMEBUYERS WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF, or inability to use, THE SERVICES, OR FROM YOUR DOWNLOADING OF ANY content or MATERIALS FROM THE SERVICES, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY’S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION STORED ON NEXUS HOMEBUYERS’ COMPUTERS AND/OR SERVERS. NEXUS HOMEBUYERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT YOU ALLEGE ARISE OUT OF OR ARE RELATED TO YOUR USE OF NEXUS HOMEBUYERS’ SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NEXUS HOMEBUYERS, OR ITS PARENT COMPANY, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, DISTRIBUTORS, OR LICENSORS—WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY—ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED THE TOTAL AMOUNT YOU PAID TO NEXUS HOMEBUYERS TO ACCESS THE SERVICES WITHIN THE PRECEDING THREE (3) MONTHS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to indemnify, defend, and hold harmless Nexus Homebuyers, its officers, directors, employees, subsidiaries, affiliates, agents, representatives, and licensors from and against any claim, judgment, demand, damages, cost, expenses, and liabilities, including reasonable attorneys’ fees, arising out of or in any way related to (i) any violation or alleged violation by you of the terms and conditions of this Agreement or any applicable law; (ii) your access, use, or misuse of our Services or our Content; and/or (iii) any infringement by you of the copyright or intellectual property rights of any third party. You must not settle any such claim or matter without the prior written consent of Nexus Homebuyers. We reserve the right, at our own expense, to assume the exclusive defense and control of any claim subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.
You agree that if you are dissatisfied with our Services, do not agree with any part of this Agreement, or have any other dispute or claim with or against Nexus Homebuyers with respect to this Agreement or our Services, your sole and exclusive remedy is to discontinue using the Services.
1.5 Governing Law and Venue
The laws of the State of Tennessee shall govern the validity, performance, enforcement, interpretation, and any dispute that may arise between the parties with respect to this Agreement, without giving effect to any principles of conflicts of laws. The parties agree that any action or proceeding arising out of this Agreement or your use of the Services, whether at law or in equity, must be brought in the state or federal courts located in Knox County, Tennessee and you hereby irrevocably and unconditionally consent to the exclusive personal jurisdiction of such courts. You further agree to file any cause of action with respect to this Agreement within one (1) year after the cause of action arises. You agree that a cause of action filed after this date is barred.
This Agreement, including any documents referenced herein, represents the entire understanding between you and Nexus Homebuyers regarding your relationship with Nexus Homebuyers and use of the Services, and supersedes all other agreements, express or implied, written or oral, between you and Nexus Homebuyers. This Agreement shall not be modified except as provided for herein or in writing, signed by a duly authorized officer of Nexus Homebuyers.
Our failure to enforce any of our rights or to act with respect to a breach by you or others of this Agreement does not constitute a waiver of any rights and will not limit our rights with respect to that breach or any subsequent breaches. No waiver by Nexus Homebuyers of any of the provisions in this Agreement will be of any force or effect unless made in writing and signed by a duly authorized officer of Nexus Homebuyers.
If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Notwithstanding any provision of this Agreement, Nexus Homebuyers has available all remedies at law or equity to enforce this Agreement.
We may assign this Agreement, or certain of our rights or obligations under this Agreement, to any party at any time without notice to you. You may not assign your rights or obligations under this Agreement, by operation of law or otherwise, without the prior written consent of Nexus Homebuyers.
You acknowledge and agree that the provisions, disclosures, and disclaimers set forth in this Agreement reflect a fair and reasonable allocation of risk between you and Nexus Homebuyers, and is not the result of fraud, duress, or undue influence exercised upon you by any person or entity. Any rights not expressly granted herein are reserved.
The provisions of this Agreement that by their sense and context are intended to survive the performance of the Agreement shall survive termination of this Agreement, including provisions relating to: disclaimer of warranties, licensing, ownership, damage limitations, venue, jurisdiction, and indemnification.
1.8 Consent to be Contacted, Promotional Messaging
You acknowledge that by voluntarily providing your telephone number to us, you expressly agree to receive ongoing, recurring automated promotional and personalized marketing text messages (such as SMS, MMS, or successor protocols or technologies) from, or on behalf of, us or any of our affiliated or unaffiliated business partners that may be sent using an automatic telephone dialing system: with offers or other information related to your property or quote; with information concerning the marketing of our services, offers, promotions, and events; and your relationship with us or any of our business partners, even if your mobile number is registered on any state or federal Do Not Call list, including all services that you have inquired about, your property, or your requested quote. Service-related messages may include updates, alerts, and information. You understand that consent to receive texts is not required to make any purchase from us or to use our Services. Message and data rates may apply. Message frequency may vary.
You can opt-out of text messages by replying “STOP” to the sender. You acknowledge and agree to accept a final text confirming your opt-out. You represent and warrant that you are the authorized subscriber for the telephone number(s) you have provided. Please be aware that we may record or monitor telephone calls for quality assurance. Not all cellular phone providers carry the necessary service to participate. Please check your phone capabilities for specific text messaging instructions. Nexus Homebuyers and carriers are not liable for delayed or undelivered messages. We reserve the right to modify or discontinue, temporarily or permanently, all or any part of our text services, with or without notice, at any time. In addition to the general indemnity obligations otherwise set forth in this Agreement, you agree to indemnify us for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or any state law equivalents, including claims relating to your voluntary provision of a telephone number that is not owned by you.
If you provide, or have provided, an email or mail address to us, you agree that we may provide notices to you through such means. Unless otherwise stated in the notices, the notices will become effective immediately. You can opt-out of receiving promotional emails or mail from us at any time by following the opt-out procedures contained in the respective communication or by contacting us using the contact information provided below.
Where required, Nexus Homebuyers may give notice to you by a general posting on our Services, by electronic mail, or by conventional mail to your address of record. You may give notice to Nexus Homebuyers by electronic mail or by conventional mail to the address below. If you have any questions about this Agreement, the practices of the Services, or your dealings with Nexus Homebuyers, please send us a message through our form located at www.nexushomebuyers.com/contact/ or contact us at:
1400 North 6th Avenue Knoxville, TN 37917
2. Service-Specific Terms
Certain terms and conditions are specific to certain of our Services. We’ve broken those out below.
2.1 Nexus Homebuyers Estimates
A Nexus Homebuyers Home Value, Offer Preview, Preliminary Offer, Instant Offer, and/or Estimated Offer (each an “Nexus Homebuyers Estimate”) is an estimate calculated using publicly-available information and Nexus Homebuyers’s proprietary valuation model. It typically takes into account hundreds of data sets related to your home and its location.
An Nexus Homebuyers Estimate is not an appraisal. It is an invitation for you to request an offer to purchase your home (an “Nexus Homebuyers Offer”).
2.2 Selling to Nexus Homebuyers
2.2.1 Nexus Homebuyers Offers
A Nexus Homebuyers Offer is an offer by Nexus Homebuyers to purchase a home. You will be eligible to receive a Nexus Homebuyers Offer after you provide us with information about your home and (i) you are the owner or represent the owner of the home, (ii) the home is in one of our service areas, (iii) the home meets our current home-buying parameters, which may change from time to time for a given service area under our sole discretion and (iv) we have had an opportunity to assess your home.
A Nexus Homebuyers Offer is not an appraisal. It is the purchase price Nexus Homebuyers is willing to pay for your home, subject to additional terms, conditions, and fees outlined in the offer.
In the event that Nexus Homebuyers makes you an offer on your home, Nexus Homebuyers is not acting as your real estate agent or broker; nor does Nexus Homebuyers represent you in any capacity as a seller. Nexus Homebuyers is merely acting as, or on behalf of, a purchaser of real estate. As a seller, you have the right, and it is your responsibility, to independently evaluate and decide whether to accept the Nexus Homebuyers Offer.
2.2.2 After You’ve Sold
Please ensure you’ve contacted the U.S. Postal Service to set up address forwarding to your new address effective as of your close date. Also, be sure to update your address anywhere that you regularly order packages from. Once your home sale has closed, we disclaim all liability for any mail or packages delivered to the property.
2.3 Visiting an Nexus Homebuyers Home
2.3.1 Authorized Access
By accessing any home owned by Nexus Homebuyers (a “Nexus Homebuyers Home”), you certify and agree you are entering the home with the express purpose of (1) evaluating the home for potential purchase, or (2) engaged in authorized business with Nexus Homebuyers. You acknowledge that each access request grants up to 1 hour of time in the home, unless you have express permission from Nexus Homebuyers for extended on-site presence. Nexus Homebuyers may revoke permission to access one or more of its homes at any time. If you are asked to leave one Nexus Homebuyers Home, you lose permission to go to any future Nexus Homebuyers Home unless you receive notification otherwise from Nexus Homebuyers.
2.3.2 Authorized Activities
By entering a Nexus Homebuyers Home, you acknowledge and agree that you will not, and will not assist or enable others, to:
If, in accessing a Nexus Homebuyers Home, whether through an authorized method or not, you provide access to any individuals who have not expressly accepted this Agreement, you accept legal and financial responsibility for their behavior including for any breaches by them of Section 2.3 of this Agreement.
By accessing any Nexus Homebuyers Home, you accept legal and financial responsibility for any damage you cause to the Premises and, to the fullest extent permitted by law, any bodily, mental, or personal injury, including death, relating to or arising from accessing or visiting the Premises.
2.4 Buying a Nexus Homebuyers Home
2.4.1 As-Is Conveyance
If you contract to purchase a home from Nexus Homebuyers (“Seller”), you (“Buyer”) agree to the following additional terms and conditions regarding your purchase of the home (the “Property”). In the event of any conflict with the terms of the Purchase and Sale Contract (“Purchase Contract”) governing the purchase of the Property, the Purchase Contract shall prevail.
Seller has provided Buyer with an opportunity to inspect the Property, and strongly encourages Buyer to seek an inspection on the Property by a licensed home inspector. Buyer further recognizes Seller has not resided in the Property and has limited knowledge thereof. Accordingly, to the fullest extent permitted by law and under the terms of the Purchase Contract:
BUYER AGREES THAT BUYER IS ACQUIRING THE PROPERTY ON AN “AS IS, AND WITH ALL FAULTS BASIS” WITHOUT REPRESENTATIONS, WARRANTIES OR COVENANTS OF ANY KIND WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION OR VALUE OF THE PROPERTY, THE PRESENCE OF HAZARDOUS SUBSTANCES IN OR NEAR THE PROPERTY, OR EXPENSES ASSOCIATED WITH THE PROPERTY.
BUYER WAIVES ANY IMPLIED WARRANTY AS TO HABITABILITY AND/OR, ANY IMPLIED WARRANTY AS TO THE WORKMANSHIP OF ANY REPAIRS OR MODIFICATIONS PERFORMED ON THE PROPERTY.
BUYER AGREES IT HAS HAD AMPLE OPPORTUNITY TO OBTAIN PROFESSIONAL COUNSEL OF ITS CHOOSING, AND IS RELYING SOLELY ON ITS OWN INDEPENDENT JUDGMENT AND THAT OF ITS OWN PROFESSIONAL CONSULTANTS, IF ANY, IN ENTERING INTO THE PURCHASE CONTRACT AND PURCHASING THE PROPERTY.
BUYER WILL CONDUCT SUCH INSPECTIONS OF THE PROPERTY AS BUYER DEEMS NECESSARY AND, IF BUYER ELECTS TO PURCHASE THE PROPERTY, AND AGREES TO ASSUME THE RISK OF ANY ADVERSE CONDITIONS, INCLUDING ADVERSE CONDITIONS THAT MAY NOT HAVE BEEN REVEALED BY SUCH INSPECTIONS.
2.5 Current Nexus Homebuyers Promotions
Please note that, from time to time, we may advertise estimates of what customers can receive pursuant to a given Nexus Homebuyers promotion. However, the final amounts you will receive, if eligible, will depend on factors like the final price of the home you buy or sell, as well as other associated costs like agent commissions. Consult with your Nexus Homebuyers representative for more details as to how these promotions apply to your home sale or purchase. Unless otherwise stated, Nexus Homebuyers’ promotions may not be combined.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY NEXUS HOMEBUYERS.