TERMS
Terms of service
Last updated October 15, 2026
OffMarketLaunch is operated by OffMarketLaunch LLC. These terms are the rules for using it: what the site does and does not do, what buyers and wholesalers each promise, and how a disagreement with us gets settled. They describe what the site actually does rather than what terms like these usually say.
Please read “Governing law, arbitration and disputes.” Unless you opt out within 30 days, a dispute between you and us is decided by binding arbitration, one person at a time: not in court (except small claims court), not by a jury, and not as a class action.
Agreeing to these terms
By creating an account, signing in (including through a link we texted or emailed you), turning selling on, publishing a listing, or otherwise using the site, you agree to these terms and to the Privacy Policy. The text message terms are part of these terms. If you do not agree, do not use the site.
If you use the site for a company, you agree to these terms for it, and you confirm you have the authority to.
If you list properties, your account is also a wholesaler account, and the Listing part of these terms applies to you as well.
Who we are
OffMarketLaunch LLC runs OffMarketLaunch: the site, and the texts and emails it sends. In these terms “we” and “us” mean OffMarketLaunch LLC. “You” means the person using the site, and the business they act for if there is one.
Parts of the site run on licensed software and on services other companies provide. The disclaimers, limits of liability, release and indemnity in these terms also protect our affiliates and licensors and their officers, employees and agents. The arbitration agreement covers claims against them that arise out of the site.
What the site is, and what it is not
OffMarketLaunch is a marketplace for off-market real estate. Wholesalers list properties. Buyers browse them, save them, ask questions, request walkthroughs and make offers. We run the site and send its messages; we are not part of any deal.
- Not a broker. We are not a real estate broker or agent. We do not act for either side, and we do not advise on any deal.
- Not a party to the sale. We do not draft, sign or hold any contract. When a wholesaler accepts an offer here, the listing shows “Under contract” and the buyer is told the wholesaler will reach out on next steps, whether or not anything has been signed. Any agreement to buy, sell or assign a property is made between the two of you, off this site.
- Not escrow. We hold no money. No earnest money, deposit or purchase price passes through us. Earnest money on a listing or an offer is a figure written down, nothing more.
- Not a check on the numbers. Asking price, after-repair value, repair range, rent, comparable sales and condition are the wholesaler’s own estimates. We do not verify them. Verify condition, comparable sales and costs yourself before you buy.
- Not a check on the people. We confirm that a phone number reaches the person who gave it by texting a code to it. We do not verify anyone’s identity, license, authority to sell, or funds. Proof of funds is passed to the wholesaler as it was uploaded, and we do not check it.
Two things on a listing can look like more than they are:
- Review. Until we approve a wholesaler’s business, each listing they publish comes to us before it goes live, and we review it for the required listing information. Approval does not mean we found the listing true, lawful or available. Once a business is approved, its listings go live without review.
- “Contract on file” (“Purchase agreement on file” on some screens). This label means an automated check read the contract the wholesaler uploaded. It found a purchase, assignment or option contract for that address that names the wholesaler, or a name they gave us, as the buyer. It does not mean the contract is signed, valid, still in force, or assignable. Buyers never see the document itself.
Who can use it
You must be 18 or older and able to make a binding contract. OffMarketLaunch is for people doing business in real estate, and you use it for that business. Phone numbers must be US mobile numbers. By using the site you confirm all of this is true of you.
Your account
An account has two sides: buying and listing. Keep to one account. The two sides join up on their own when both use the same confirmed email. If yours use different emails, write to us.
- Buying. Sign up with your name, email and a password, or with Google, or sign in with a code texted to your mobile number. If a wholesaler added your number, or you texted us first, a record for that number may already exist. Signing in with a code sent to it lets you use it. Until that record has an email and password sign-in, a wholesaler who has you on their list can still change the details and buying criteria on it.
- Listing. The same account, once you start selling. See Listing.
- Tell the truth. Use your real name and the entity you buy or sell as, and keep your contact details current. The email you sign in with as a buyer cannot be changed from your settings, so write to us if it needs to change.
- Keep it yours. Keep your password secret and do not share your account. You are responsible for what is done through it.
- Treat our links like a password. A link in a text or email we send you as a buyer signs you in without a password. The link works for 7 days after we send it, and the sign-in it starts lasts 90 days. That sign-in is for buying only: to reach your listings, change your phone or deal email, or close your account, you sign in another way. Anyone who has the message can use it, so do not forward those messages.
- Signing out. It signs you out of that browser only, not your other devices. On the buying side, changing your password does not sign out your other devices either. If you think someone else has gotten into your account, tell us right away.
Buying
Buying costs nothing. There is no fee to join, to look, or to make an offer, and buyers never pay OffMarketLaunch anything. One limit applies to wholesalers: turning the buying side of a wholesaler account on or off goes through that account, so it works only while the account is in good standing.
- Confirm your number. Making an offer or requesting a walkthrough needs a confirmed mobile number. Asking a question does not.
- Not on your own listing. You cannot offer on, ask about, or request a walkthrough of your own listing, and you may not try to through another account.
- What an offer is. An offer tells the wholesaler what you would pay and on what terms: an amount, earnest money, a close date, a note, and proof of funds if you attach it. Leave earnest money or the close date blank and the listing’s own figures are used. An offer is made to the wholesaler, not to us, and we take no part in what follows.
- Proof of funds goes as it is. The file you attach reaches the wholesaler exactly as you upload it, including any data hidden inside it. Black out or remove anything you do not want them to see before you attach it. A letter kept on your profile is attached to new offers for 90 days from when you upload it; after that we ask you for a new one, and a “Funds verified” mark read from it stops showing 90 days after the check.
- One offer per listing. While it is pending you can change it or withdraw it. Once the wholesaler has answered, it can no longer be changed here, and there is no way to withdraw an accepted offer on the site. That is between you and the wholesaler.
- When offers close. Offers are taken only while a listing is live and before its offer deadline.
- Who sees what you send. An offer, a question or a walkthrough request goes to the wholesaler you send it to, with your name, entity, contact details, buying criteria and record, so they can answer you. Sending one also adds you to that wholesaler’s own buyer list, where they see those same details and can download your contact details and criteria. A wholesaler may at first be told only that an offer, question or walkthrough request came in, and see these details, and add you to their list, later. They may contact you about that deal only, unless you agree to more, and none of this lets them text you through OffMarketLaunch or gives them your agreement to our texts. We can see your offers, proof of funds and messages too, to run the site and settle problems. Other buyers see how many offers are in, never the amounts or who made them.
- Walkthroughs. You say when you could come; the wholesaler confirms a time or declines, and may send access details such as a lockbox code. We pass the messages and play no part in the visit. Go only at a confirmed time, follow the wholesaler’s instructions, keep access details to yourself, and leave the property as you found it. You visit at your own risk.
- Deal in good faith. Offer only on what you mean to buy and can pay for. Once an offer is accepted, the wholesaler records how the deal ended, and a closing or a backing out goes on the record wholesalers see with your later offers. We do not check what they report.
Listing
Listing needs a wholesaler account. Listing and publishing are free today.
- Starting to sell. A buyer account becomes a wholesaler account with Start selling on My listings: you give the business name buyers will see and agree to these terms. It stays one account, with the same email and the same way of signing in, and it needs a confirmed email address.
- Before you publish. Turn selling on and confirm your mobile number with a code we text you.
- Review. Until we approve your business, each listing you publish comes to us first. We can approve it, send it back with a note, or refuse it. We can also take a published listing down, and withdraw approval at any time. After that, listings you publish come to us first again.
- The purchase agreement, until your first deal closes here. Until a deal of yours closes on OffMarketLaunch, each listing you publish needs a purchase agreement that passes our automated check: a contract for that house that names you, or a name you gave us, as the buyer. One the check cannot read, or that shows no signatures, comes to us first, and our reviewers may open it; buyers never see it. A listing whose agreement was checked cannot be moved to another address. Approval of your business does not change this.
- Who holds the earnest money. Each listing names the title company or closing attorney that will hold the buyer’s earnest money. We tell buyers to send it only there, never to you, and to confirm wiring instructions by phone at a number they looked up themselves.
- Sending a listing to buyers. On a paid plan, sending is a separate step you preview and confirm; on the free plan, each listing is sent once, automatically, when it goes live. A send reaches every buyer on the site whose criteria match and who agreed to deal texts, not only your own list, and we send those texts from our number. A matching buyer with a confirmed email who has not agreed to texts hears by email instead.
- Your buyers. You can add buyers’ numbers one at a time or by import. We never text anybody because you added them. Share your sign-up link with them instead: signing up with the same number puts their account on your list. Nobody you add gets deal texts until they agree themselves, here; buying criteria you enter are saved for them and start nothing. When you contact buyers yourself, outside this site, you are the sender, and the rules on calls, texts and consent are yours to follow.
- Answering. You accept or decline offers, answer questions and confirm walkthroughs here. When a deal you accepted ends, record honestly how it ended: it closed, the buyer backed out, or it fell through on your side. Those reports build both sides’ records.
- Taking a listing down. Unpublishing takes it down without telling anyone with a pending offer. While it is down with offers on it, it counts as canceled on your record. Withdrawing takes it down, marks it withdrawn and tells everyone with a pending offer. Deleting erases a draft. A listing that was ever posted is hidden instead: its pending offers are declined, and it still counts in your record. The exception is a listing that came down when you turned selling off, which deleting erases outright. Turning selling off takes all your published listings down, and turning it back on puts the same ones straight back up, without review.
- Dates. A listing stops taking offers at its offer deadline. If its close-by date passes with no one assigned, it expires and comes down. We do not send a separate notice when either happens.
What you promise about every listing
By publishing a listing, you promise that:
- It is accurate. The address, figures, photos and description are true to the best of your knowledge, your estimates are honest ones, and you update the listing or take it down when it stops being true or available.
- You have the right to market it, through a contract on the property or the owner’s permission, and to market it this way.
- It is lawful, including under any state rules on wholesaling, on marketing a property you do not own, and on real estate licensing that apply to you. We do not check this. It is yours to get right.
- You disclose your position. Each listing says whether it is an assignment or a double close, and it says assignment unless you change it. Make sure that is right. Never present yourself as the owner of a property you hold only under contract. Before a buyer signs anything with you, tell them you are selling your interest in a contract or, in a double close, that you will buy the property before you sell it to them. Make any further disclosure the law requires of you.
- It is fair. Nothing in it states or suggests a preference, limit or exclusion based on a protected class, as set out under “Fair housing” below.
- The photos and content are yours to use. You took them, own them, or have permission to use them, and they show the property.
- The agreement is real. Any purchase agreement you upload is a true, complete copy of a contract you or your entity actually hold.
- The buyers you add have agreed to be added by you. Adding them does not let OffMarketLaunch text them; they hear from us only once they sign up.
- You contact buyers who came to you here (by offering, asking or requesting a walkthrough) only about that deal, unless they agree to more in the way the law requires. Coming to you through the site is not consent to your own texts or calls.
Automated checks
Every listing photo, business profile picture, and photo uploaded as proof of funds or as a listing document is decoded and saved again, which strips the metadata cameras attach, including GPS coordinates. PDFs, purchase agreements among them, are kept exactly as uploaded.
Listing photos are then checked by an automated screen that uses third-party AI services. It refuses sexual content or nudity, anything sexual involving an apparent minor, violence or injury, hate symbols or slurs, and content plainly unrelated to the property. A refused photo is deleted, and we tell you why.
When you publish, the description is checked too. It is refused for profanity or sexual references, hate, wording that steers or excludes buyers by a protected class, threats or harassment, and scams. A refusal stops the publish and names the words to change. An uploaded purchase agreement is read by an automated check as well, for the label described above.
These checks are automated. They can refuse something that is fine and pass something that is not, and they do not always run. If the service behind them cannot be reached, or your plan’s AI actions have run out, a listing can go up unchecked. Passing them is not our approval of a listing, and what is in it stays your responsibility.
Records and ratings
- A buyer’s record is the offers they made, had accepted, closed and backed out of. Wholesalers see it with each offer you make, and on their buyer list if you are on it. It is not shown publicly.
- A wholesaler’s record is the listings they posted, assigned, closed and canceled, the average days to assignment, and a label: Reliable, Some cancellations, Cancels, Getting started or New. A listing counts as canceled when it was withdrawn or deleted after buyers offered, or fell through on the wholesaler’s side. Taking a listing down for a while does not count. Signed-in people see the record beside each listing.
We build records from what happens on the site and from the outcomes wholesalers report. We do not verify those reports.
Ratings. Only a buyer whose offer was accepted can rate the wholesaler on that deal, and only once. A buyer cannot rate a deal the wholesaler reports fell through on their side. A rating has three scores from 1 to 5 (honest numbers, answered, closed as agreed), plus an optional comment and “would buy again.”
A new rating is held for 7 days, and we tell the wholesaler it came in. In that time the wholesaler can reply in public or dispute it with us. If they do not dispute it, it publishes after 7 days, with their reply if they wrote one. If they dispute it, it waits for our decision, and we email what we decided, but not why, to the wholesaler, and to the buyer if they have a confirmed email address. Ratings are published under a first name and last initial, and an average shows once a wholesaler has three published ratings.
We may publish or remove any rating at any time, including one already published. We do not edit what anyone wrote. Write ratings and replies about your own experience of the deal: honestly, without anyone’s personal details, and without threats or abuse.
What nobody may do
Whether you buy, list or only look, none of the following:
- False listings. A property you have no right to market, one that is not really available, or figures you know are wrong.
- Scams, including false payment or wiring instructions.
- Forged documents. Uploading a purchase agreement, proof of funds or any other document that is forged, altered, out of date, or not yours or your entity’s.
- Discrimination, or anything else that breaks fair housing law.
- Harassment. Threats, abuse, or posting someone else’s personal information.
- Pretending. Using someone else’s account, phone number or sign-in link, or passing yourself off as someone you are not.
- New accounts after a ban. Opening a new account after we have suspended or closed yours.
- Scraping. Copying listings in bulk, or reaching the site by automated means other than the features it gives you.
- Getting around the rules: security, limits on how often you can do something, the automated checks, the records, or the limits on what signed-out visitors see.
- Other people’s rights. Uploading anything that infringes them, or anything malicious.
- Uninvited visits. Entering a property without a confirmed walkthrough, or passing its access details on.
- Breaking the law, including the rules on calls and texts.
If you see a listing that breaks these terms, report it from the listing page. Anyone can, signed in or not, and we decide each report.
A listing that two different signed-in buyers, each with a mobile number confirmed by a texted code, report as a scam, or as not real, is taken off the site until we have reviewed it. Offers on it are put on hold and their buyers told, as when we take a listing down, and it comes back only if we put it back. Every other report waits for us to decide it.
Fair housing
Fair housing laws apply to everyone here. Nothing you post or send through the site may state or suggest a preference, limit or exclusion based on a protected class. That covers listings, questions, answers and ratings. Protected classes include race, color, religion, sex, disability, familial status and national origin, and any other characteristic protected by federal, state or local law.
The site is built to help with that. Buyers have no profile photograph, on purpose. Matching uses only a buyer’s criteria: area, price range, property type, bedrooms and how much work they will take on. The automated check refuses discriminatory wording in listing descriptions, but it does not read everything, and the duty is yours.
Texts and email
We send the site’s texts, from our own number, not the wholesalers’. A wholesaler adding your number to their list does not start any of them. Deal texts need your own agreement: a box you tick, never pre-ticked, or a YES when a text of ours, answering one you sent us first, asks for it. Confirming your number with a code is not that agreement. What we send, how often, and how to stop are in the text message terms. Reply STOP to any text to end every text to that number. Message and data rates may apply.
We email you about your account and your deals. If you have set buying criteria and have a confirmed email, but no mobile number, no agreement to deal texts, or have replied STOP, deal alerts and word on deals you saved come by email instead, and pausing alerts in your settings stops them. A STOP ends texts only: deal emails stop with the link in any of them.
Keep a way for us to reach you. With no confirmed email, if you have replied STOP or have no mobile number, news about your offers and walkthroughs may not reach you, so check the site.
Fees
- Buyers never pay OffMarketLaunch anything.
- Listing and publishing are free today, and listing does not currently require a paid plan on your wholesaler account. If we start charging for listing, we will say so on the site before any charge applies to you.
- Replying to and texting buyers needs a paid plan. On the free plan you see how many offers, questions and walkthrough requests come in, but not the amounts, the buyers or what they wrote; you cannot accept, decline, answer, confirm or reply to reviews; your contact details, and any typed into your listing’s text, are not shown; your listings offer no Buy now and carry no documents; and you cannot send from Campaigns. Instead, each listing goes to the buyers whose criteria it fits once, automatically, when it goes live. A paid plan opens all of it, including the buyers who came in while you were free. Deals already under contract stay open to you and your buyer whichever plan you are on.
- Paying for the plan. The paid plan is billed monthly or yearly, through PayPal, at the price shown under Your plan, on the Business tab of My listings, when you subscribe. It renews automatically at the end of each month or year, at that price, until you cancel. You can cancel any time under Your plan, or in your PayPal account: canceling stops the next charge, and you keep everything the plan unlocks until the end of the time you have paid for. We do not refund part of a month or year already paid for, except where the law requires it. There is no free trial: the free plan is how you try OffMarketLaunch. A new price applies to new subscriptions; we will not change the price of a plan you are on without telling you first and asking you to approve it. Switching between monthly and yearly takes effect at your next renewal, at the price shown when you switch, and nothing is prorated. When a plan starts, Buy now stays off on your listings until you turn it on. A full refund, or a payment reversed through PayPal (a chargeback), ends the plan at once. If a payment fails, PayPal tries again; if it has not gone through within 7 days, your account works as on the free plan until it does, and if PayPal still cannot take it, the plan stops and you can choose a plan again. Closing your account cancels the plan. We email you when the plan starts or switches, a month before a yearly plan renews, once a year for a monthly plan, and when it stops. PayPal sends the receipts.
- No share of the deal. We charge no fee on a sale and hold no money for one.
- Automated checks on your listings count toward the monthly AI actions on your wholesaler account’s plan when they run on our AI key. If you added your own AI key, they run on that key instead: your listing content goes to the provider you chose, and that provider bills you. If your plan’s AI actions run out, the checks are skipped rather than charged for.
- Your carrier may charge for messages and data.
Our content and yours
The site, including its software, design and text and the OffMarketLaunch name and marks, belongs to us or to those who license it to us. We give you a limited, personal, non-exclusive, non-transferable and revocable right to use the site for what it is for. Do not copy, resell or reverse engineer it, remove any notice from it, or use our name or marks without our written permission.
What you post stays yours. By posting a listing, its photos or anything else, you give us a non-exclusive, royalty-free, worldwide license to store, copy, reformat, resize, display and send it. That covers the site, the texts and emails we send buyers, and the services that help us run the site, such as the map and the automated checks. It also lets us keep it in the site’s records after a listing comes down. Listing photos are served from public web addresses, and copies saved along the way may last up to a day after we stop serving them.
The same license covers everything else you send through the site: offers and their notes, proof of funds, walkthrough requests, buying criteria, ratings, replies, questions and answers. It lets us show and send them to the people the site shows them to, and keep them. Use what you see here to judge and pursue deals, not to republish it.
Copyright complaints. If you believe something here infringes your copyright, email support@offmarketlaunch.com with:
- your name and contact details;
- the work you say is infringed;
- the link to the listing, and what on it infringes;
- a statement that you believe in good faith the use is not authorized by the owner, its agent or the law;
- a statement, under penalty of perjury, that your notice is accurate and that you are the owner or are authorized to act for them; and
- your physical or electronic signature.
We take down what the notice identifies. Whoever posted it may send a counter-notice to the same address. We close the accounts of people who repeatedly post others’ work.
If you send us ideas or feedback, we may use them without owing you anything.
Turning a side off, suspension and closing
By you
- Selling. Turn it off in your settings and your published listings come down. Turn it back on and the same ones go back up.
- Buying. If your account has both sides, you can turn buying off, and offers you have already made stand. On any account you can pause deal texts at any time.
- Closing. Close your account from your settings (Close my account). As a buyer, offers still waiting on a decision are withdrawn and the wholesalers told; an offer already accepted stays on file with the wholesaler. As a wholesaler, your published listings come down and buyers with offers on them are told. You can download your data first from the same place. What we keep after that is in the Privacy Policy.
- Blocking a buyer. As a wholesaler you can block a buyer from your listings. They can no longer offer on, ask about or ask to walk your listings, and your deal texts stop going to them; offers of theirs still waiting on your decision are declined. You can unblock them from your Buyers tab.
By us
We may refuse or take down a listing, withdraw a business’s approval, suspend or ban a wholesaler from listing, remove a wholesaler account, or close a buyer account. We do this if we believe you have broken these terms or the law, to protect the people who use the site, or where the law requires it.
- A suspension or ban takes your published listings down. You can still sign in and see your account, but you cannot post, publish, send, change a listing, or answer offers, questions or walkthroughs. When a suspension ends, listings we took down stay down until we put them back or you publish them again. Until we approve your business again, listings you publish come to us for review. A suspension or ban limits the listing side; closing the buying side is a separate step.
- Removing a wholesaler account ends sign-in to the listing side for everyone on it and takes its listings down. Closing its buying side is a separate step.
- Suspending a buyer stops them making or changing offers, asking questions and asking for walkthroughs, and stops deal texts and emails to them. They can still sign in and see their account. Banning a buyer does the same as a final decision, withdraws the offers of theirs still waiting on a decision, telling the wholesalers, and signs them out.
- Closing a buyer account ends sign-in and stops our texts to it. Offers already made stay on file with the wholesalers.
When we suspend, ban or remove a wholesaler, or suspend or ban a buyer, we email our reason. If you think we got it wrong, reply to that email or write to the address below. What we keep afterward is in the Privacy Policy.
Disclaimers
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” EXCEPT AS THESE TERMS EXPRESSLY SAY, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
In particular, we do not promise that:
- any listing is accurate, complete, lawful or still available, or that whoever listed it has the right to;
- a property’s condition, value, repair cost, rent or comparable sales are what a listing says;
- a buyer can fund an offer, or that any offer, acceptance or deal will close;
- the review of listings, the automated checks or the “Contract on file” label are right;
- any record or rating is accurate;
- any text or email will arrive, or arrive on time, since delivery depends on carriers, handsets and filters we do not control; or
- the site will be uninterrupted, secure or free of errors.
No advice. Nothing on the site, whether the figures, the calculator, the labels or anything we write, is legal, tax, financial, investment or real estate advice. Estimates are not guaranteed returns. Get your own inspection and your own advice before you buy.
Your own judgment. You make every offer and every decision to buy on your own investigation and judgment. You agree that you are not relying on us, or on any figure, estimate, calculation, label, review, record or rating shown on the site, and that we owe you no duty to check any of them.
Deals are between you. Any contract, deposit, closing or disagreement over a deal is between the buyer and the wholesaler. We are not a party to it, and we do not settle it.
Release. Because we are not a party to your deals, if you have a dispute with another user (over a listing, an offer, a walkthrough, a deposit or a closing), you release us, our affiliates and licensors, and their officers, employees and agents from claims, demands and damages of every kind, known and unknown, arising out of or connected with that dispute. If you are a California resident, you waive California Civil Code section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Limitation of liability
TO THE MAXIMUM EXTENT THE LAW ALLOWS:
No indirect damages. NEITHER YOU NOR WE WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST DEALS OR LOSS OF DATA, EVEN IF TOLD THEY WERE POSSIBLE.
Other people. WE ARE NOT LIABLE FOR ANYTHING ANOTHER USER POSTS, DOES OR FAILS TO DO, INCLUDING IN ANY LISTING, OFFER, WALKTHROUGH OR DEAL.
Cap. OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS (US $100) AND THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
These limits apply whatever the theory of liability, and even if a limited remedy fails of its essential purpose. They do not apply to your obligations under “Indemnity” below, or to liability the law does not allow to be limited.
Indemnity
You will defend OffMarketLaunch LLC, its affiliates and licensors, and their officers, directors, employees and agents against any claim someone else brings against them. You will also cover what it costs them, including losses, fines, settlements and reasonable legal fees, when the claim arises out of or relates to:
- your listings, photos, and anything else you post;
- any deal, contract, walkthrough or other dealing between you and another user;
- the numbers you add to the site, and your contact with buyers outside it; or
- your breach of these terms or of any law, including fair housing, licensing and wholesaling laws and the rules on calls and texts.
We will tell you about the claim and let you control the defense, but you may not settle it in a way that puts obligations on us without our consent. We will cooperate, at your expense.
Changes to these terms
We change the site as we go, and may add, change or remove features. We may also stop offering the site, or any part of it, at any time. We may remove anything posted here that we believe breaks these terms, but we have no duty to watch what is posted.
If we change these terms, we will update the date at the top and tell you, by email or on the site, if the change matters to you. Using the site after a change takes effect means you accept it. If you do not, stop using the site and close your account from your settings. A change does not apply to a dispute either of us has already given notice of.
Governing law, arbitration and disputes
These terms are governed by the laws of the Commonwealth of Virginia, without regard to its conflict-of-laws rules. This section covers disputes between you and us arising out of or relating to these terms or the site.
Informal resolution first. Before either of us files a claim, we will try in good faith to settle it: the one with the complaint sends notice to the other, and we talk for 30 days. Notice to us goes to support@offmarketlaunch.com.
Binding arbitration. If that does not settle it, the dispute will be decided by binding arbitration before a single arbitrator, held in the Commonwealth of Virginia. The American Arbitration Association (the AAA) will run it under its Commercial Arbitration Rules, or under its Consumer Arbitration Rules where the AAA finds those apply. Judgment on the award may be entered in any court with jurisdiction. The Federal Arbitration Act governs this agreement to arbitrate and its enforcement. YOU AND WE EACH GIVE UP THE RIGHT TO HAVE A DISPUTE DECIDED IN COURT OR BY A JURY, EXCEPT AS THE EXCEPTIONS BELOW ALLOW.
Exceptions. Either of us may bring an individual action in small claims court, and either of us may ask a court for an injunction to protect intellectual property or confidential information.
Class action waiver. DISPUTES WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. If this waiver is found unenforceable for any claim, that claim is decided in court, not in arbitration.
Opting out. You can reject this arbitration agreement and class waiver within 30 days of the first time you create an account or sign in here. Email support@offmarketlaunch.com with your name, the email or mobile number on your account, and a statement that you opt out of arbitration. Opting out does not change anything else in these terms.
Courts. Anything that goes to court rather than arbitration, whether because you opted out, under the exceptions, or because the class waiver could not be enforced, will be brought only in the state or federal courts located in the Commonwealth of Virginia. Small claims actions are the exception. You and we consent to those courts’ personal jurisdiction.
General
- Entire agreement. These terms, the Privacy Policy and the text message terms are the whole agreement between you and us about the site, and replace anything said before about it. If one of those documents conflicts with these terms, these terms control unless that document says otherwise.
- Assignment. You may not transfer your account or these terms without our written consent, except to a successor in a merger or a sale of substantially all of your business. We may transfer them freely. Any other attempted transfer is void.
- Force majeure. Neither of us is liable for delay or failure caused by events beyond reasonable control, including carrier failures, outages of services we rely on, acts of government and natural disasters.
- Other services. The site depends on services we do not run: the carriers and the company that carries our texts, our email provider, the map, and the AI services behind the automated checks. It also links to sites we do not control, such as a wholesaler’s website. We are not responsible for them, and their own terms govern your use of them.
- Severability. If part of these terms is held unenforceable, it is changed only as much as needed to make it enforceable, and the rest stays in force.
- No waiver. Not enforcing a term is not giving it up.
- No partnership. Nothing in these terms makes you our partner, employee or agent. Buyers and wholesalers act for themselves, not for us.
- Notices. We send notices to the email on your account or post them on the site, and they take effect when sent or posted. Send notices to us by email to support@offmarketlaunch.com; they take effect the day they are sent. You agree that these terms and the notices and records we give you electronically satisfy any requirement that they be in writing.
- Words. “Including” means including without limitation.
- What lasts. The parts on our content and yours, disclaimers, the release, limitation of liability, indemnity, governing law, arbitration and disputes, and this section keep applying after your account closes, and so does the license to keep records.
Contact
OffMarketLaunch LLC — support@offmarketlaunch.com
