Terms of Service

Off Market Group, LLC (“OMG”) and its corporate affiliates (collectively, “OMG”) own and operate web sites including mobile-optimized web sites, web pages, mobile applications, and other applications, that link to these Terms of Use.  Any person accessing or using OMG is referred to as “you”.

By accessing or utilizing any part of OMG or the services provided on it or other web sites, web pages, or applications (the “Services”), you agree to accept and comply with the terms, conditions, and notices stated herein and as my be modified by OMG from time-to-time without notice to you (the “Terms of Use”).  These Terms of Use constitute a binding contractual agreement OMG and you. You are responsible for reviewing the Terms of Use regularly and the most current version can be found at www.off-marketgroup.com.  If you do not wish to be bound by these Terms of Use, please do not access or use any part of OMG.

OMG offers you access to OMG solely for your personal and non-commercial uses.  You agree to only access and use OMG for legal purposes that are permissible by the Terms of Use.

You acknowledge that OMG is not a real estate broker, mortgage broker or mortgage lender.  Furthermore, you acknowledge that OMG does not provide financial or real estate advice, is not a lender or real estate broker representing you or another user, does not lease or rent or offer to lease or rent or negotiate the leasing of real property or otherwise aid in the leasing of real property, and does not aid or assist users in obtaining, negotiating, or making loans secured by liens on real property.

You acknowledge that the Services may include advertisements, and that these are necessary to support the Services.  To help make the advertisements relevant and useful to you, OMG may serve advertisements based on the information we collect through the Services.

OMG assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that consumers take based on the Services or any other information available through or in connection with the Services.

You agree not to:

You agree that OMG may in its sole discretion and at any time terminate your access to and use of the OMG, or any part thereof, with or without notice. You further agree that use of the OMG and any of its Services shall be immediately terminated if you violate these Terms of Use. In addition, OMG reserves the right, in its sole discretion, to modify or discontinue the Services or any portion thereof, with or without notice, and without liability to you.

The Services provided through the OMG may also be located on third party Web sites or applications, via a link, click-through advertising, or otherwise. Nothing contained in any of these Services is an offer or promise by OMG to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. In addition, OMG does not make any representation or warranty with respect to such third-party Services, and is not responsible for their accuracy, sufficiency, veracity, completeness, or timeliness. You are responsible for confirming the sufficiency and reliability of any third party Services, and you hereby release OMG from any and all claims, demands, liability and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of such Services.

You must be at least 18 years of age to use the Service. By agreeing to these Terms of Use, you represent and warrant that you are at least 18 years of age, you have not previously been suspended or removed from the Services, and your registration and your use of the Services is in compliance with all applicable laws and regulations. To access some features of the Services, you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as email address or other contact information. You agree that the information you provide is accurate and that you will keep it accurate and up to date at all times. When you register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you are responsible for all actions taken via your account. You may not share your user account(s) with others. You may only use the Services for transactions on your own behalf, and not on behalf of any other person.

The OMG and all of its contents including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements and other content or materials on the OMG (collectively, “Content”) is owned by OMG and/or third parties with all rights reserved unless otherwise noted. OMG grants you a limited license to access and use the OMG and Content solely for informational, personal, and non-commercial purposes.

You are strictly prohibited from downloading modifying or making any other use of the OMG or Content, except with express written consent of OMG. You understand that all third-party Content posted on, transmitted through, or linked from the OMG, is the sole responsibility of the third-party originator of such Content. Content is provided through the OMG AS IS, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall OMG be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Services.

You acknowledge that OMG does not screen or approve third-party Content, and that OMG shall have the right (but not the obligation) in its sole discretion to refuse, modify, delete or OMG any Content that is available via the OMG, for any reason.

Content You Provide

To the extent that you post, upload, input, submit or otherwise transmit (collectively, “Transmit”) Content on or through the OMG, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all Content that you provide or otherwise make available via the OMG. You also warrant and represent that you own or otherwise control all of the rights to such Content including, without limitation, all the rights necessary for you to Transmit such Content, and to transfer your or others’ interests in such Content to OMG as provided below.

You promise that you will not use the OMG to:

By Transmitting Content to the OMG, you grant, and you represent and warrant that you have the right to grant, to OMG an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the OMG, you grant OMG all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the OMG by any party for any purpose.

OMG takes matters of privacy and information seriously, and endeavors to maintain the privacy and security of any and all such information that you provide to OMG through the OMG in accordance with its Privacy Policy. Please click here to review the OMG Privacy Policy. The OMG Privacy Policy applies to any and all Content and other information you provide, or that is collected from or about you, through your use of the OMG, as provided for, and insofar as provided for, in the OMG Privacy Policy

General Terms

These Terms of Use are governed by the laws of the State of Alabama, U.S.A. without regard to conflicts of laws principles. 

YOU HEREBY AGREE THAT ANY AND ALL DISPUTES OR CLAIMS THAT MAY ARISE BETWEEN YOU AND OMG SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THE FEDERAL ARBITRATION ACT SHALL GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS PARAGRAPH. YOU AGREE THAT YOU AND OMG MAY BRING CLAIMS AGAINST EACH OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND OMG AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. FURTHER, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). THE ARBITRATION WILL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS RULES AND PROCEDURES, AS MODIFIED BY THIS PARAGRAPH. THE AAA'S RULES ARE AVAILABLE AT WWW.ADR.ORG. A FORM FOR INITIATING ARBITRATION PROCEEDINGS IS AVAILABLE ON THE AAA'S WEB SITE AT https://www.adr.org/. THE ARBITRATION SHALL BE HELD IN THE COUNTY IN WHICH YOU RESIDE OR AT ANOTHER MUTUALLY AGREED LOCATION. IF THE VALUE OF THE RELIEF SOUGHT IS $10,000 OR LESS, YOU OR OMG MAY ELECT TO HAVE THE ARBITRATION CONDUCTED BY TELEPHONE OR BASED SOLELY ON WRITTEN SUBMISSIONS, WHICH ELECTION SHALL BE BINDING ON YOU AND OMG SUBJECT TO THE ARBITRATOR'S DISCRETION TO REQUIRE AN IN-PERSON HEARING, IF THE CIRCUMSTANCES WARRANT. ATTENDANCE AT AN IN-PERSON HEARING MAY BE MADE BY TELEPHONE BY YOU AND/OR OMG, UNLESS THE ARBITRATOR REQUIRES OTHERWISE. THE ARBITRATOR'S AWARD SHALL BE FINAL AND BINDING AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. PAYMENT OF ALL FILING, ADMINISTRATION AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA'S RULES, UNLESS OTHERWISE STATED IN THIS PARAGRAPH. IF A COURT DECIDES THAT ANY PART OF THIS PARAGRAPH IS INVALID OR UNENFORCEABLE, THE OTHER PARTS OF THIS PARAGRAPH SHALL STILL APPLY. ACCESS OR USE OF THE OMG IS UNAUTHORIZED IN ANY JURISDICTION THAT DOES NOT GIVE EFFECT TO ALL PROVISIONS OF THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION THIS PARAGRAPH.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and OMG as a result of the Terms of Use or accessing or using the OMG. OMG’s performance under the Terms of Use is subject to existing laws and legal process, and nothing contained in the Terms of Use is in derogation of OMG’s right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of the OMG or information provided to or gathered by OMG with respect to such use.

Interpretation of the Terms of Use

If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. Unless otherwise specified herein (or in any other definitive written agreement between you and OMG), the Terms of Use constitutes the entire agreement between you and OMG with respect to the OMG and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and OMG with respect to the OMG. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE OMG, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. OMG MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE OMG, SERVICES AND/OR CONTENT. OMG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Indemnification

YOU AGREE TO INDEMNIFY AND HOLD OMG, ITS THIRD-PARTY VENDORS, CORPORATE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF ANY CONTENT, SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU TO THE OMG AND/OR OMG AND/OR ITS THIRD PARTY ADVERTISERS AND ANY BREACH BY YOU OR YOUR AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES OF THESE TERMS OF USE.

Limitation of Liability

IN NO EVENT SHALL OMG BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE OMG, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE OMG OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE OMG, OR OTHERWISE ARISING OUT OF THE USE OF THE OMG, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OMG HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE OMG, AND ALL OTHER USE OF THE OMG, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE OMG, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE OMG.

Ownership

All materials on the OMG (as well as the organization and layout of the OMG) are owned or licensed by OMG, its corporate affiliates or its third-party vendors. No reproduction, distribution, or transmission of the copyrighted materials on the OMG is permitted without the written permission of OMG. Any rights not expressly granted herein are reserved.

Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement should be sent to OMG’s Designated Agent set forth below. All inquiries must be filed in accordance with Title 17, United States Code, Section 512.

IP Administrator - Legal Department

Off Market Group, LLC

PO Box 660434

Vestavia Hills, AL 35266

 
Repeat Infringers. It is OMG's policy to terminate in appropriate circumstances access to or use of the OMG (or any part thereof) by repeat infringers.