TERMS AND CONDITIONS OF USE

By visiting ThePremiumHomeBuyers.com, you are subject to and accept these Terms and Conditions of Use, which may be updated by us from time to time without notice to you. You can review the most current version at any time at ThePremiumHomeBuyers.com/terms Please also review our Privacy Policy, which also governs your visit to ThePremiumHomeBuyers.com, to fully understand our practices. Collectively, these documents constitute an “Agreement” between you and ThePremiumHomeBuyers.com regarding your use of the ThePremiumHomeBuyers.com website.

ACCEPTANCE

These terms and conditions create a contract between you and The Premium Home Buyers, FBD LLC. Please read the Agreement carefully. To confirm your understanding and acceptance of the Agreement, click “Agree.”

CONFIDENTIALITY AND NON-SOLICITATION

This CONFIDENTIALITY AND NON-SOLICITATION AGREEMENT (“Agreement”) is made between The Premium Home Buyers, FBD LLC and its parent companies, subsidiaries, affiliates, successors, and assigns (collectively, “PHB”), on the one hand, and you and your parent companies, subsidiaries, affiliates, successors, and assigns (collectively, “Potential Purchaser”), on the other hand.

Professional Home Buyers — Not Professional Advisors

Financial decisions, including decisions about selling real estate, are serious decisions that should not be taken lightly. ThePremiumHomeBuyers.com , its agents, employees, officers, subsidiaries, members or affiliates do not, via this website or otherwise, encourage you to make any particular decision on issues concerning real estate without first seeking professional advice from your attorney or accountant. We are not licensed real estate attorneys, or accountants, and WE DO NOT REPRESENT PARTIES AS SUCH. The material contained on this site is offered as information only and not as financial, accounting, legal or other professional advice. Users of this site should contact their own professional advisors for such advice.

You agree that you must evaluate and bear all risks associated with your dealings with ThePremiumHomeBuyers.com or its affiliates. You agree and understand that your choice to deal with any member or affiliate of this site is done at your discretion and risk, and you will be solely responsible for such dealings. In no event shall ThePremiumHomeBuyers.com be liable for any direct, indirect, incidental, punitive or consequential damages of any kind whatsoever with respect to your dealings with investors, members or affiliates of this site.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY THEPREMIUMHOMEBUYERS.COM IS ON AN “AS IS” AND “AS AVAILABLE” BASIS. THEPREMIUMHOMEBUYERS.COM MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ThePremiumHomeBuyers.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THEPREMIUMHOMEBUYERS.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEPREMIUMHOMEBUYERS.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

OBLIGATIONS OF HOME SELLERS REGISTERED WITH

ThePremiumHomeBuyers.com

By completing the home information form on this site, you agree that:
1. You are of legal age and are otherwise capable of forming a legally binding contract;
2. You are interested in selling property located in the United States of America ;
3. You do not have an exclusive contractual or other arrangement with any real estate professional; and
4. You agree to be contacted by e-mail or other means by ThePremiumHomeBuyers.com or a member or affiliate of ThePremiumHomeBuyers.com regarding your property

License

ThePremiumHomeBuyers.com grants you a limited license to access and make personal use of this site and not to download or modify it, or any portion of it, except with the express written consent of ThePremiumHomeBuyers.com. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent of ThePremiumHomeBuyers.com.

Purpose of Our Website

The purpose of ThePremiumHomeBuyers.com is to providing home selling services to its users. To gain access to our services, you must submit certain information about yourself and the home you wish to sell, which information will be used by ThePremiumHomeBuyers.com and such affiliates of ThePremiumHomeBuyers.com to assist you in the home selling process. To assure the value of the services to be provided to you, you agree that you will provide accurate and complete information.

RECITALS

WHEREAS, PHB is now or will be under contract to purchase certain real properties and improvements thereon (collectively, “Property”).
WHEREAS, Potential Purchaser is in the business of purchasing real estate, and has expressed an interest in purchasing from PHB an assignment of PHB’s rights and duties as the contract purchaser of the Property.
WHEREAS, to induce PHB to provide more information about the Property, Potential Purchaser agrees to enter into this Agreement with PHB.

TERMS

NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties do hereby mutually covenant and agree as follows:
1. The foregoing recitals are incorporated herein by reference.

2. Potential Purchaser shall have no contact or communication with the owner of the Property (“Owner”) or that Owner’s agents with respect to (a) PHB’s purchase of the Property and/or (b) PHB’s marketing of the sales contract between PHB and Owner (“Sales Contract”) to other potential purchasers.

3. Potential Purchaser shall not induce or encourage Owner or Owner’s agents to breach the Sales Contract.
4. If the Sales Contract is terminated for any reason, Potential Purchaser shall have no contact or communication with Owner or Owner’s agents with respect to Potential Purchaser’s purchase of the Property for a period of two (2) years following such termination.

5. As used herein, “Confidential Information” shall mean any and all non-public information disclosed to Potential Purchaser by PHB about (a) Owner or Owner’s agents, (b) the Property, (c) the Sales Contract, and/or (d) PHB’s trade secrets, business model, customers, and/or customer prospects. Potential Purchaser shall treat any and all Confidential Information as strictly confidential and private, and shall not disclose such Confidential Information to third-parties without the express written consent of PHB.

6. Potential Purchaser recognizes that a breach of ¶¶ 2-5 will cause irreparable damage to PHB’s business and that such damage will be difficult or impossible to measure. Potential Purchaser agrees that in the event of any such breach, PHB, in addition to such other rights and remedies as it may have, will be entitled to an order granting injunctive relief, WITHOUT BOND, from any court of competent jurisdiction against any act which would violate any such provision, and Potential Purchaser waives any defense to an application for such order, except that the violation did not occur. Potential Purchaser agrees that PHB will be entitled to an award of reasonable attorney’s fees and costs in the event that it is successful in an application for injunctive relief or in an action based upon breach of the foregoing provisions.

7. Potential Purchaser recognizes that a breach of ¶¶ 2-5 will cause irreparable damage to PHB’s business and that such damage will be difficult or impossible to measure. Potential Purchaser agrees that in the event of any such breach, PHB, in addition to such other rights and remedies as it may have, will be entitled to LIQUIDATED DAMAGES of $50,000.00 per breach. The parties agree that the amount of LIQUIDATED DAMAGES is fair and reasonable and would not act as a penalty to Potential Purchaser.

8. Potential Purchaser shall indemnify, defend, and hold harmless PHB from any and all claims, liabilities, damages, costs and expenses (including attorneys’ fees, Legal fees and costs) resulting from Potential Purchaser’s breach of this Agreement.

9. Should any portion, or portions, of this Agreement be found or declared unenforceable or void by any court or competent tribunal for any reason, the remaining portions shall be severable, and fully enforceable as if no such finding of unenforceability had issued.

10. The parties declare that they fully understand the facts and all of their respective legal rights and liabilities; that they have been afforded the opportunity to review this Agreement with counsel of their choice; that they believe the Agreement to be fair, just, and reasonable; and that they sign the Agreement freely and voluntarily.

11. The waiver by any party of any breach of any provision of this Agreement shall not constitute or operate as a waiver of any other breach of such provision or of any other provision hereof, nor shall any failure to enforce any provision hereof operate as a waiver at such time or at any future time of such provision or of any other provision hereof.

12. This Agreement shall be governed by, and construed in accordance with, the law of the State of Maryland and shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective successors, assigns, heirs, agents, and representatives.

13. This Agreement contains the entire understanding of the parties with respect to the subject matter of this Agreement, and there are no other agreements or understandings among the parties. There have been no representations or warranties, expressed or implied, as to the subject matter of this Agreement.

14. The parties shall sign such further and other documents, do and perform, and cause to be done and performed, such further and other acts and things as may be necessary or desirable in order to give full effect to this Agreement and every part thereof.

15. This Agreement shall be construed without regard to any presumption or other rule requiring construction against the party causing the Agreement to be drafted.

16. Should PHB seek to enforce this Agreement and prevail in whole or in part, PHB shall be entitled to recover from Potential Purchaser the reasonable attorneys’ fees, Legal fees and costs incurred in seeking to enforce this Agreement.

17. This Agreement may be executed in counterparts.

18. Digital acceptance of this Agreement shall be enforceable.