Disclaimer to homeowners and buyers by using this service, you understand and agree that the company is not representing you as a real estate agent or broker or property manager. Also by using this service, you may come into contact with or use the services of various real estate agents or brokers, vendors, advertisers or other third parties. The company is an independent web-based provider of real estate related directory services and content and does not control or supervise any such affiliates, agents, brokers, vendors, advertisers or other third parties, and the company is not responsible for their actions.
This legal agreement (herein “agreement”) between you (herein “you” or “seller”) and Prudent Home Buyers, Inc. (herein “Prudent”, “us”, “we”, or “our”) should be read carefully before using our Website and/or mobile application (herein “Service”).
Prudent Home Buyers is a Delaware corporation with a business office located at 6358 Delmar Blvd suite 300. St. Louis MO 63130 and a licensed real estate brokerage in MO, License # 2017042277
Your access to and use of the Service is conditioned on your acceptance of and compliance with this Agreement. This agreement applies to all visitors, users and others who access or use the service. If you don't agree with the terms and conditions of this Website, then we ask you please to leave this Website. However, if you do use this Website, then that operate as an acceptance and agreement that you agree to be bound by the terms and conditions of this Website.
You agree not to enter or use the service for any purpose that is not expressly permitted by these terms and conditions, or is otherwise unlawful. You further agree to comply with all applicable laws, statutes, ordinances, regulations, contracts and licenses regarding your use of the service including, without limitation, those applicable to the Internet, e-mail, privacy, copyrights, trademarks and data.
If you provide any information to us, you agree to provide only true, accurate, current and complete information. If you provide information to us about any third party, including, but not limited to, personally identifiable information, you represent and warrant that you are specifically authorized to provide such information to us so that we may use, process and transfer such personally identifiable information, and you assume all responsibility for dissemination and use of the information provided.
Prudent is operated in compliance with all federal and state housing laws.
When you submit information to this Website, you agree and authorize Prudent to share this information with one of the professional real estate agents or brokers associated with Prudent to make a match. You also agree and consent to being contact by Prudent's real estate professionals either by e-mail, telephone, mail or any other reasonable means of communication, including autodialed phone calls, text messages, and prerecorded messages from Prudent and its partners, on any landline or cell phone number provided to Prudent, even if such number is on a Do Not Call list and even if charges are incurred for the call or text. You understand that consent to receiving such communications is not a condition of receiving Prudent's services and that you can call 1-833-2-Prudent Home Buyers for services should you choose not to receive such communications.
You are obligated to provide information that is accurate and complete so that Prudent can provide you with a real estate agent that is suited for the potential transaction and Prudent reserves to the right to terminate anyone who provides false, inaccurate or misleading information.
Payment of any Cash Back, rebate, or incentive for use of the Prudent platform is contingent upon Prudent's receipt of a Service Fee related to the same use of its platform. If Prudent fails to collect a Service Fee, it shall have no obligation to pay any Cash Back, rebate, or similar incentive. In the event Prudent collects a Service Fee that is less than the money owed under any Cash Back, rebate, or other similar incentive program, Prudent shall have the right to reduce the Cash Back, rebate, or incentive to an amount equal to or less than its Service Fee
Prudent Home Buyers IS MERELY A REFERRAL SERVICE. All terms and conditions between a home seller or buyer and a real estate professional is governed by a separate legal agreement that does not involve Prudent and is solely between the home owners or buyers and the real estate professional.
Prudent does not endorse, validate, or recommend any legal agreements between home owners and buyers and real estate professionals. Please consult your own attorney for this type of work.
Referrals provided by Prudent via this website are not recommendations by Prudent for any particular service provider referred and should not be considered as such. You are responsible for vetting referrals and choosing the service provider(s) which best suits your individual needs.
Even though your participation in this referral service may be terminated by you or Prudent at any time with written notice and it totally voluntary, any referrals that Prudent may have with a real estate professional prior to termination are still effective.
Prudent will collect, store and use personal information in accordance with its Privacy Policy. For more information about the information collected, when and how it is collected, and how and why the information is used, refer to Prudent's Privacy Policy, which is incorporated into and made a part of these Terms and Conditions.
In addition, your use of any linked website is subject to the terms and conditions of use and privacy policy imposed by the operator of the linked website.
These terms and conditions and all matters arising out of or in connection with the Website and/or terms and conditions shall be governed by and interpreted according to the laws of the State of Missouri (without applying the state's conflict-of-law principles).
Any dispute arising out of or connected with this Website and/or these terms and conditions not resolved amicably between you and Prudent shall be resolved exclusively by binding arbitration as follows. You agree to give up your right to go to court to sue or seek relief from us.
Arbitration shall take place in the City of St. Louis, Missouri, and shall be administered under the procedures established by the American Arbitration Association or as may otherwise be agreed upon by the parties.
Arbitration shall take place in the City of St. Louis, Missouri, and shall be administered under the procedures established by the American Arbitration Association or as may otherwise be agreed upon by the parties.
The party asserting the dispute (the “Petitioner”) shall indicate an intent to commence arbitration hereunder by giving written notice of such intent to the other party (the “Respondent”).
If the Petitioner and Respondent are unable to resolve the dispute within 15 days following the receipt by the Respondent of the above notice, arbitration shall commence upon the delivery by the Petitioner to the Respondent of a petition complying with the Arbitration Rules of the American Arbitration Association (the “Rules”) and setting forth at a minimum (i) the acts or omissions complained of, (ii) the section(s) of the terms and conditions breached or otherwise involved, and (iii) the relief sought. The Respondent shall respond to such petition in conformity with such Rules and a counterclaim shall be permitted if timely filed and served.
You agree that you will resolve any disputes or claim with Prudent on an individual basis, and that any claims arising out of or in connection with the Website and/or terms and conditions will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. You further agree not to participate in any consolidated, class or representative proceeding brought by any third party arising out of or in connection with the Website and/or terms and conditions.
If any court or arbitrator determines that the preceding waiver is void or unenforceable or that arbitration can proceed on a class basis, then the dispute or claim will not be subject to arbitration.
For any dispute or claim that is not subject to arbitration, you consent to exclusive jurisdiction and venue in the federal courts sitting in the Eastern District of Missouri, unless no federal subject matter jurisdiction exists, in which case you consent to exclusive jurisdiction and venue in the state courts sitting in St. Louis County, Missouri. You hereby irrevocably waive, to the fullest extent permitted by applicable law, any objection which you may now or hereafter have to the laying of venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.
We are entitled to terminate or modify all or part of any of the Website at any time, without notice to you. We encourage you to check the Website regularly to ensure you are aware of the current terms.
We may modify these terms and conditions at any time by updating this posting. If we do so, we'll also update the effective date at the top of this page.
You agree not to engage in the following prohibited activities: (a) engaging in activities or submitting materials that could be harmful to minors; (b) submitting materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (c) engaging in activity or submitting materials that harasses or advocates harassment of another person; (d) engaging in activity, or submitting materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; and (e) engaging in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” or harvesting or otherwise collecting personally identifiable information about Website users, including names, phone numbers, addresses, email addresses, without their consent; (f) submitting materials that contain viruses, Trojan horses, worms, or any other similar forms of malware; (g) submitting materials that displays pornographic or sexually explicit material of any kind; (h) submitting materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; submitting materials that contain restricted or password only access pages, or hidden pages or images; (i) engaging in activities or submitting materials that solicit passwords or personally identifiable information for unlawful purposes from other users; (j) engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (k) using any robot, spider, cancelbot, other automatic device, or manual process to monitor, copy, or “scrape” web pages or the content contained in the Website or for any other unauthorized purpose without our prior written consent; (l) decompiling, reverse engineering, or disassembling the software or attempting to do so; or using any device, software, or routine to interfere or attempt to interfere with the proper working of the Website; (m) taking any action that imposes an unreasonable or disproportionately large load on the Website or our hardware and software infrastructure or that of any of our licensors or suppliers, (n) use any of its trademarks as metatags on other websites; (o) use the service in any manner that is illegal or impairs the operation of the service or its availability or usage by others; (p) display any part of the service in frames (or any content via in-line links); and/or (q) decompiling, reverse engineering, or disassembling the software or attempting to do so.