IMPORTANT NOTICE: These Terms and Conditions contain a binding arbitration agreement and a class action waiver in Section 16. Please review Section 16 carefully. By using gethomecash.com or submitting any form on the site, you agree that disputes between you and us will be resolved by individual, binding arbitration and that you waive your right to participate in a class action.
1. Acceptance of These Terms
These Terms and Conditions ("Terms") are a binding legal agreement between you and H.R. Marbella LLC, a Texas limited liability company doing business as "GetHomeCash," located at [H.R. Marbella LLC Mailing Address] (referred to in these Terms as "GetHomeCash," "we," "us," or "our"). The Terms govern your access to and use of the website located at gethomecash.com and any related subdomains, pages, forms, scheduling tools, content, and services (collectively, the "Services").
By accessing the Services, submitting any form on gethomecash.com, scheduling a call, or otherwise interacting with us through the website, you represent that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Services.
2. Eligibility
To use the Services, you must be at least eighteen (18) years of age and a resident of the United States. By using the Services, you represent and warrant that you meet these requirements. If you are submitting information about a property, you further represent and warrant that you have the legal right and authority to submit that information and to authorize the communications and disclosures described in these Terms, including on behalf of any co-owner or other party with an interest in the property.
3. Description of Services
GetHomeCash operates an online platform that collects property information from homeowners and other property stakeholders interested in obtaining a cash offer or otherwise selling residential or commercial real estate.
GetHomeCash is a lead generation service.
When you submit a form on gethomecash.com, your information is transmitted to one or more third-party real estate lead marketplaces, which in turn distribute your information to a network of real estate investors, home-buying companies, wholesalers, licensed real estate agents and brokers, and other industry participants ("Partner Buyers"). GetHomeCash, its affiliates, or one of those Partner Buyers may contact you about your property. We receive payment from the marketplaces and/or Partner Buyers in connection with your submission.
GetHomeCash does not guarantee that you will receive an offer, that any offer received will meet your expectations, or that any transaction will close. Offers, when made, are made by the offering party and are subject to that party’s own evaluation, terms, conditions, and contingencies. GetHomeCash is not a party to and does not control the terms of any transaction between you and a Partner Buyer.
4. Real Estate Brokerage Disclosure
GetHomeCash is a marketing brand of H.R. Marbella LLC, a licensed real estate brokerage in the State of Texas. Texas Real Estate Commission License Number: 9015388.
The Texas Real Estate Commission requires all real estate license holders to provide an Information About Brokerage Services notice and a Consumer Protection Notice to prospective clients. Both notices are linked in the footer of gethomecash.com and are incorporated into these Terms by reference. By using the Services, you acknowledge that you have access to and the opportunity to review these notices.
Nothing on the Services creates a real estate brokerage relationship, agency relationship, or fiduciary relationship between you and GetHomeCash, H.R. Marbella LLC, or any Partner Buyer unless and until you enter into a separate written agreement that expressly establishes such a relationship.
5. Consent to Be Contacted
TCPA and SMS Consent. By providing your phone number on any form on gethomecash.com and submitting that form, you provide your prior express written consent under the Telephone Consumer Protection Act and applicable state laws for GetHomeCash, our affiliates, our service providers, our marketing partners, lead marketplaces, Partner Buyers, and their respective successors and assigns to contact you at the phone number you provided using automatic telephone dialing systems, artificial or prerecorded voice messages, and SMS or MMS text messages, for any purpose related to your submission, the Services, marketing, or follow-up, even if your number is registered on a federal, state, or internal Do Not Call list.
Consent is not a condition of any purchase or service. Message and data rates may apply. Message frequency varies. You may opt out of SMS text messages at any time by replying STOP to any text message you receive from us. For help, reply HELP. Standard carrier rates apply.
Email Consent. By submitting your email address, you consent to receive transactional and marketing email communications from GetHomeCash, our affiliates, and Partner Buyers. You may unsubscribe from marketing emails at any time using the unsubscribe link in any marketing email. Opting out of marketing communications does not opt you out of transactional or service-related communications regarding a pending or completed inquiry or transaction.
You acknowledge and agree that, once your information is transmitted to a lead marketplace or a Partner Buyer, those parties may contact you independently and that GetHomeCash does not control the frequency, content, or compliance of those communications. To opt out of communications from a particular Partner Buyer, you must contact that party directly.
6. Accuracy of Submitted Information
You agree to provide accurate, current, and complete information on any form you submit through the Services. You are responsible for any consequences arising from inaccurate, outdated, or incomplete information, including offers that are revised, withdrawn, or not made because of inaccuracies discovered during diligence. We reserve the right to verify any information you submit using public records, third-party data providers, or direct inquiry.
7. No Professional Advice
Content on the Services, including blog posts, FAQ answers, location pages, and informational copy, is provided for general informational purposes only and does not constitute legal, tax, accounting, financial, mortgage, insurance, or real estate brokerage advice. You should consult licensed professionals before making decisions about the sale, purchase, or financing of real property. Reliance on any information provided through the Services is at your own risk.
8. Acceptable Use
When using the Services, you agree not to:
- Submit information about a property in which you do not have a legal ownership interest or authority to act, unless you have express written authorization from the owner.
- Submit false, misleading, or fraudulent information.
- Use the Services to send spam, conduct competitive intelligence, scrape, harvest data, or otherwise interfere with the operation of the Services.
- Use automated means, including bots, scrapers, or crawlers, to access the Services for purposes other than search engine indexing as expressly permitted by our robots.txt.
- Attempt to gain unauthorized access to any portion of the Services, related systems, or accounts of other users.
- Use the Services to violate any applicable law or regulation, including consumer protection, real estate, fair housing, telecommunications, anti-spam, and privacy laws.
- Reverse engineer, decompile, or otherwise attempt to derive the source code or underlying algorithms of the Services.
We reserve the right to investigate violations of these Terms and to take appropriate action, including blocking access, removing content, terminating accounts, and pursuing legal remedies.
9. Intellectual Property
The Services, including all content, design, text, graphics, logos, images, videos, software, and data compilations, are owned by H.R. Marbella LLC or its licensors and are protected by United States and international intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use to evaluate selling a property.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or commercially exploit any portion of the Services without our prior written consent. The "GetHomeCash" name, logo, and any related marks are trademarks of H.R. Marbella LLC. All rights not expressly granted are reserved.
If you submit any feedback, suggestions, or ideas to us, you grant GetHomeCash a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, sublicensable license to use, reproduce, modify, and exploit that feedback for any purpose without compensation or attribution to you.
10. Third-Party Links and Services
The Services include links to third-party websites and services, including scheduling platforms, brokerage information portals, lead marketplaces, and Partner Buyers. Those third parties are independent of GetHomeCash. We do not endorse, warrant, or assume responsibility for the content, products, services, or practices of any third party. Your interactions with third parties, including any contracts you enter into or terms you accept, are solely between you and the third party.
11. Disclaimers of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GETHOMECASH AND H.R. MARBELLA LLC DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Without limiting the foregoing, GetHomeCash does not warrant that: (a) the Services will meet your requirements; (b) the Services will be uninterrupted, timely, secure, or error-free; (c) any offers, communications, or information received through the Services will be accurate, complete, or reliable; (d) any defects in the Services will be corrected; or (e) any Partner Buyer will make an offer, perform under any agreement, or close any transaction.
Any material obtained through use of the Services is obtained at your own discretion and risk. You are solely responsible for evaluating any offer, performing your own due diligence, and consulting your own legal, tax, and real estate professionals.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GETHOMECASH, H.R. MARBELLA LLC, OR THEIR OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICES, THESE TERMS, OR ANY INFORMATION OR OFFER PROVIDED OR NOT PROVIDED THROUGH THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF GETHOMECASH AND H.R. MARBELLA LLC FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS EXCEED ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNT YOU PAID TO US (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, WHICHEVER IS GREATER.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
13. Indemnification
You agree to indemnify, defend, and hold harmless GetHomeCash, H.R. Marbella LLC, and their respective officers, directors, members, managers, employees, agents, affiliates, licensors, and service providers (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, liabilities, damages, losses, judgments, fines, penalties, costs, and expenses (including reasonable attorneys’ fees and litigation costs) arising out of or relating to: (a) your access to or use of the Services; (b) any information you submit through the Services; (c) your violation of these Terms; (d) your violation of any third-party right, including any intellectual property, privacy, or contract right; (e) your violation of any applicable law or regulation; and (f) any transaction or attempted transaction between you and a Partner Buyer.
We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, in which case you agree to cooperate with our defense.
14. Termination
We may suspend or terminate your access to the Services at any time, with or without cause, with or without notice. Sections of these Terms that by their nature should survive termination, including without limitation Sections 5 (Consent to Be Contacted, as to information already transmitted), 9 (Intellectual Property), 11 (Disclaimers), 12 (Limitation of Liability), 13 (Indemnification), 16 (Dispute Resolution), and 17 (Governing Law), will survive termination.
15. Modifications to the Services and Terms
We may modify the Services at any time, with or without notice, and we may modify these Terms at any time by posting the revised Terms on the Services and updating the Effective Date at the top of the document. Material changes will be effective on the date posted. Your continued use of the Services after the Effective Date constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services.
16. Dispute Resolution: Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO A JURY TRIAL.
A. Informal Resolution
Before initiating arbitration, you and GetHomeCash agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a "Dispute") informally for at least sixty (60) days. To initiate informal resolution, you must send a written notice of the Dispute by certified mail to H.R. Marbella LLC at [H.R. Marbella LLC Mailing Address], with the subject line "Notice of Dispute," including your name, contact information, a description of the Dispute, and the relief you are seeking. If the Dispute is not resolved within sixty (60) days of our receipt of your notice, either party may initiate arbitration.
B. Binding Arbitration
Except as set forth in Section 16(E), any Dispute that cannot be resolved informally will be resolved by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, available at adr.org. The arbitration will be conducted by a single arbitrator. The arbitration will take place in Harris County, Texas, or by telephone or videoconference at the election of the consumer party. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. The arbitrator may grant any relief that a court could grant, except that the arbitrator may not award relief affecting any party other than the parties to the arbitration.
The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.
C. Class Action and Jury Trial Waiver
YOU AND GETHOMECASH AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
Unless both you and GetHomeCash agree otherwise, the arbitrator may not consolidate more than one party’s claims and may not preside over any form of representative or class proceeding. If a court or arbitrator decides that this class action waiver is unenforceable as to any particular claim or remedy, then that claim or remedy (and only that claim or remedy) will be severed from the arbitration and may be brought in court, while all other claims will proceed in arbitration.
You and GetHomeCash each waive the right to a trial by jury.
D. Arbitration Costs
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Consumer Arbitration Rules. If you initiate arbitration and the arbitrator determines your claim is non-frivolous, GetHomeCash will reimburse the filing fee paid by you to the extent that fee exceeds the cost of filing a lawsuit in court. Each party will otherwise bear its own attorneys’ fees and costs, unless the arbitrator awards fees and costs under applicable law or these Terms.
E. Exceptions to Arbitration
Notwithstanding the foregoing, either party may bring an individual action in small claims court for a Dispute that qualifies, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights.
F. Right to Opt Out of Arbitration
You may opt out of the arbitration agreement and class action waiver in this Section 16 by sending a written opt-out notice to H.R. Marbella LLC at [H.R. Marbella LLC Mailing Address] within thirty (30) days of the date you first accept these Terms. Your opt-out notice must include your name, mailing address, email address, and a clear statement that you wish to opt out of the arbitration agreement. Opting out of arbitration will not affect any other portion of these Terms.
G. Survival
This Section 16 will survive termination of these Terms and your use of the Services.
17. Governing Law and Venue
These Terms and any Dispute arising out of or relating to these Terms or the Services are governed by the laws of the State of Texas, without regard to its conflict of laws principles. Subject to Section 16, any judicial proceeding permitted under these Terms must be brought exclusively in the state or federal courts located in Harris County, Texas, and you and GetHomeCash each consent to the personal jurisdiction and venue of those courts.
18. Miscellaneous
Entire Agreement. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and GetHomeCash with respect to the Services and supersede all prior or contemporaneous understandings.
Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will continue in full force and effect.
No Waiver. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.
Assignment. You may not assign or transfer these Terms or your rights or obligations under them without our prior written consent. We may assign these Terms at any time without notice.
No Agency. Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and GetHomeCash.
Headings. Section headings are for convenience only and do not affect interpretation.
Notices. We may provide notices to you by email, by posting on the Services, or by any other reasonable means. You may provide notices to us at the address in Section 19.
Force Majeure. We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including acts of God, natural disasters, war, terrorism, pandemic, civil unrest, government action, labor disputes, or failures of utilities, telecommunications, or third-party service providers.
19. Contact Us
If you have questions about these Terms, contact us at:
H.R. Marbella LLC
d/b/a GetHomeCash
[H.R. Marbella LLC Mailing Address]
Email: rachael@blueberrieproperties.com
Phone: (281) 626-5765
Texas Real Estate Commission License Number: 9015388.