Terms and Conditions
1. Acceptance of Terms
By accessing, browsing, or using the website located at cashhousesales.com (the "Website"), or by submitting any information through any form on the Website, you ("User" or "you") agree to be bound by these Terms and Conditions ("Terms") and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, do not use the Website or submit information through it. We encourage all visitors to seek the counsel of an attorney if you do not understand your rights and responsibilities with respect to any of the following Terms.
2. Definitions
"Company," "we," "us," and "our" mean FTL Propertymix, LLC, doing business as CashHouseSales.com.
"Services" means the property-evaluation and real estate purchase services described on the Website.
"Property Information" means any information about real property (including but not limited to address, ownership, condition, photos, mortgage status, occupancy, and seller circumstances) submitted to the Company.
"Personal Information" has the meaning given in our Privacy Policy.
3. Eligibility
You must be at least eighteen (18) years of age to use the Website or submit information through it. By submitting information through the Website, you represent and warrant that (a) you are at least 18 years old, (b) you are either the legal owner of the property described in your submission or a person authorized by the legal owner to make the submission on the owner's behalf, and (c) the information you provide is accurate and complete to the best of your knowledge.
4. Nature of the Services — Important Disclosures
4.1 We Are a Real Estate Buyer, Not a Real Estate Broker or Agent
CashHouseSales.com is operated by FTL Propertymix, LLC. If a real estate transaction proceeds, the written purchase agreement may identify an affiliated or designated purchasing entity as the Buyer. That Buyer purchases as a principal and not as the seller's broker, agent, or fiduciary. Neither FTL Propertymix, LLC nor the Buyer acts as the seller's licensed real estate broker or licensed real estate agent. We do not represent you, list your property on any multiple-listing service, or owe you the fiduciary duties that a licensed broker or agent would owe. If you want representation by a licensed real estate professional, you should seek separate representation.
4.2 We Are Not Providing Legal, Tax, or Financial Advice
Nothing on the Website constitutes legal advice, tax advice, financial advice, or accounting advice. Selling real estate has legal, tax, and financial consequences. We strongly encourage you to consult with a licensed attorney, certified public accountant, financial advisor, or other qualified professional before signing any contract or making any decision regarding the sale of your property.
4.3 We Are Not a Licensed Appraiser
Any price, valuation, range, or offer the Company communicates is the Company's independent assessment as a buyer. It is not an appraisal, not a broker price opinion, and not a representation of fair market value. We are not licensed appraisers.
4.4 No Guarantee of an Offer or a Sale
Submitting information through the Website does not create an obligation for the Company to make an offer, purchase your property, or enter into any contract. The Company may decline to make an offer for any lawful reason. Even if an offer is made, the offer is subject to the terms stated in the written offer document, including any contingencies, deadlines, and conditions of acceptance. No oral statement is binding.
5. Lead Submission and How Your Information Is Used
When you submit Property Information or Personal Information through the Website, you are providing that information to the Company so that we may evaluate the property, contact you regarding the property, and facilitate a potential offer from a purchasing entity. The Company's collection, use, and sharing of your information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
6. Communications and Consent to Be Contacted
By submitting information through any form on the Website and checking the consent checkbox accompanying the form, you provide your prior express written consent for the Company and those acting on our behalf to contact you using the telephone number, email address, and physical address you provide, for purposes related to your inquiry and the potential sale of your property. The full terms of that consent — including the methods of contact, the parties authorized to make contact on the Company's behalf, your right to revoke consent by any reasonable means, and applicable message-and-data-rate disclosures — are set out in the consent language displayed with the checkbox and explained on our consent and contact page.
We do not currently send marketing communications. If we introduce marketing contact in the future, it will be authorized through a separate, optional consent, and marketing consent will not be required to submit a form or as a condition of any sale.
7. Accuracy of Information You Provide
You should provide information that is accurate and complete to the best of your knowledge. Before a purchase agreement is signed, materially inaccurate, incomplete, or misleading information about the property may cause a potential offer to be revised or withdrawn. After a purchase agreement is signed, the parties' rights and remedies concerning inaccurate, omitted, or newly discovered property information are governed by the written purchase agreement and applicable law. These Website Terms do not independently create a right to cancel or terminate a real estate purchase agreement.
8. Assignment of Contracts
To the extent permitted by the written purchase agreement and applicable law, the Buyer identified in that agreement may assign its contractual position, and where applicable delegate performance of contractual obligations, to an affiliated entity or a third party before closing. The specific terms governing any assignment are set out in the purchase agreement you sign and any applicable assignment documents, not in these Website Terms. An assignment does not by itself determine whether the original Buyer, an assignee, or both remain responsible for particular contractual obligations. Those responsibilities are governed by the signed agreements, any applicable release or novation, and applicable law.
9. Acceptable Use of the Website
You agree that you will not:
- Use the Website for any unlawful purpose or in violation of any local, state, federal, or international law;
- Submit false, misleading, or fraudulent information;
- Submit information about a property you do not own and are not authorized to represent;
- Use any automated means, including robots, spiders, scrapers, or similar data-gathering tools, to access the Website without our prior written consent;
- Attempt to interfere with, compromise, or disrupt the Website or its underlying infrastructure;
- Use the Website to harvest, collect, or store personal data about other users;
- Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website, its content, or its services without our express written permission.
10. Intellectual Property
All content on the Website, including text, graphics, logos, images, photographs, video, audio, software, and the compilation thereof, is the property of the Company or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws. Except as expressly permitted in these Terms, you may not copy, reproduce, distribute, publish, transmit, modify, create derivative works of, publicly display, publicly perform, or otherwise exploit any content from the Website without the Company's prior written permission. The Company name, the CashHouseSales.com name, and any associated logos and trademarks are trademarks of the Company.
11. Disclaimer of Warranties
THE WEBSITE AND ALL SERVICES, INFORMATION, AND CONTENT MADE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND TITLE. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST DATA, OR LOST OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Indemnification
You agree to defend, indemnify, and hold harmless the Company from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your breach of these Terms, (b) your violation of any law or the rights of any third party, (c) any information you submit through the Website, (d) your use of the Website, or (e) any misrepresentation regarding the property or your authority to act with respect to the property.
14. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-laws principles. Any legal action or proceeding arising out of or related to these Terms or your use of the Website shall be brought exclusively in the state or federal courts located in Kern County, California, and you consent to the personal jurisdiction of those courts.
15. Compliance with Applicable Laws
The Company is committed to complying with applicable federal, state, and local laws, including but not limited to the California Civil Code, the California Business and Professions Code, the federal Fair Housing Act, the Telephone Consumer Protection Act, the CAN-SPAM Act, the California Online Privacy Protection Act, and the California Consumer Privacy Act and California Privacy Rights Act, as each may be amended.
16. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall continue in full force and effect.
17. Changes to These Terms
The Company may modify these Terms at any time by posting a revised version on the Website. The revised Terms will become effective when posted, and the "Last Updated" date at the top of these Terms will be revised accordingly. Your continued use of the Website after revised Terms are posted constitutes your acceptance of the revised Terms. If you do not agree to a revised version of these Terms, you must stop using the Website.
18. Entire Agreement
These Terms, together with the Privacy Policy and the consent language accompanying any form you submit, constitute the entire agreement between you and the Company regarding your use of the Website and supersede all prior or contemporaneous communications, whether electronic, oral, or written, regarding the same subject matter.
19. Contact Information
If you have questions about these Terms, you may contact us:
- By email: legal@cashhousesales.com
- By phone: (661) 228-0203
- By mail: FTL Propertymix, LLC dba CashHouseSales.com, 9530 Hageman Rd Ste B PMB 212, Bakersfield, CA 93312-3959
Related: Privacy Policy · Consent and Contact