MASTER PRIVACY POLICY, MEMBER AGREEMENT, TERMS OF USE & CONFIDENTIALITY CONTRACT
Effective Date: October 20, 2025
Last Revised: October 20, 2025
Governing Law: State of Florida, USA
Arbitration Venue: Tampa / Pinellas County, Florida
Eligibility: 16 years of age or older
0. INTRODUCTION
This document ("Agreement") constitutes the complete and binding legal contract governing access to and use of OffMarketNow.com, its affiliated applications, platforms, systems, and services (collectively, the "Platform").
OffMarketNow.com, LLC ("Company") includes its owners, shareholders, officers, directors, affiliates, subsidiaries, employees, contractors, successors, assigns, and representatives (collectively, the "Protected Parties").
By creating an account, accessing any portion of the Platform, or interacting with its listings, communications, or data, you ("User," "Member," or "You") expressly acknowledge that you have read, understood, and agreed to this Agreement in its entirety.
Access to the Platform and its information is strictly contingent upon electronic acknowledgment of this Agreement via a mandatory "I AGREE" checkbox.
1. DEFINITIONS
- "Platform" means all websites, portals, systems, communications, and technologies under the OffMarketNow.com brand.
- "Member" or "User" means any individual or entity registering, accessing, or participating on the Platform, including investors, brokers, sellers, buyers, and third-party providers.
- "Confidential Information" includes all off-market listings, communications, property data, investor details, contracts, business opportunities, and proprietary materials shared within the Platform.
- "Protected Parties" means OffMarketNow.com, its owners, shareholders, investors, officers, directors, affiliates, and service partners.
2. TERMS OF USE & PLATFORM DISCLAIMER
2.1 Agreement to Terms
By accessing, browsing, or registering on the Platform, you agree to be legally bound by these Terms, the Privacy Policy, the Refund & Cancellation Policy, and the Membership & Confidentiality Agreement.
If you do not agree, do not access or use the Platform.
2.2 Eligibility
Use of the Platform is limited to individuals and entities legally capable of forming binding contracts under applicable law.
By registering, you represent and warrant that:
- You are at least 16 years of age;
- You are authorized to act on behalf of yourself or any entity you represent; and
- Your access and activities comply with applicable laws and regulations.
2.3 Grant of Access and License
Subject to compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for lawful purposes.
You may not copy, reproduce, modify, distribute, reverse-engineer, or use automated systems to extract Platform data.
2.4 Intellectual Property Rights
All content, data, designs, interfaces, graphics, logos, trademarks, software code, and documentation on OffMarketNow.com are the exclusive intellectual property of the Company or its licensors.
Nothing in these Terms conveys ownership rights to any Member or third party.
2.5 Member Content License
By submitting or uploading any content (including property listings, photos, documents, communications, or media), you grant OffMarketNow.com a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, store, display, and distribute such content solely for Platform operations, marketing, and transactional facilitation.
2.6 Prohibited Conduct
Members and Users shall not:
- Violate laws or regulations;
- Misrepresent or falsify identity or property details;
- Harass or abuse others;
- Attempt unauthorized access to systems or data;
- Use bots or scraping tools; or
- Circumvent Platform operations or solicit Members off-platform.
2.7 Third-Party Links
The Platform may include links to third-party services or sites. The Company is not responsible for their content or practices.
2.8 Disclaimer of Warranties
THE PLATFORM AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
2.9 Limitation of Liability
IN NO EVENT SHALL OFFMARKETNOW.COM OR ANY PROTECTED PARTY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. THE TOTAL LIABILITY SHALL NOT EXCEED $100 OR THE TOTAL AMOUNT PAID BY YOU, WHICHEVER IS GREATER.
2.10 Indemnification
You agree to defend, indemnify, and hold harmless the Company and Protected Parties against any losses, damages, claims, or expenses arising from your use or misuse of the Platform, your breach of this Agreement, or violations of law.
2.11 Termination of Access
The Company reserves the right to suspend or terminate access to the Platform without notice for violations, misuse, or as required by law.
2.12 Governing Law & Arbitration
This Agreement is governed by Florida law.
All disputes shall be resolved through binding arbitration before the American Arbitration Association (AAA) in Pinellas County, Florida.
You waive the right to jury trial or class action participation.
2.13 Force Majeure
The Company shall not be liable for failure or delay due to causes beyond reasonable control (e.g., natural disasters, cyberattacks, outages, or government actions).
3. REFUND & CANCELLATION POLICY
3.1 Policy Overview
All payments are non-refundable, except in the case of verified duplicate purchases reported within three (3) days.
3.2 Annual Commitment
All annual plans require a 12-month minimum commitment. Early termination does not cancel payment obligations.
3.3 30-Day Cancellation Rule
To cancel, send written notice to support@offmarketnow.com.
Cancellation becomes effective 30 days after written acknowledgment.
If you provide less than 30 days' notice before renewal, your plan will renew automatically.
3.4 Duplicate Purchase Exception
Refunds are only issued for an unintended duplicate charge if reported within 3 days and verified.
3.5 Payment Plans
Installment plans must be paid in full. Missed payments may result in suspension or account termination.
3.6 Non-Refundable Items
Digital products, event tickets, and instant-access content are final sale.
4. PRIVACY POLICY
4.1 Information We Collect
- Personal Info: name, email, phone, address, and business credentials.
- Transaction Data: listing info, communications, and transaction history.
- Technical Data: IP address, cookies, device details.
- Payment Data: securely processed via Stripe (we do not store full card numbers).
4.2 Use of Information
We use collected data to:
- Authenticate users;
- Facilitate transactions;
- Manage accounts;
- Communicate updates;
- Prevent fraud; and
- Comply with applicable law.
4.3 Data Sharing
We only share data with service providers (e.g., Stripe) or where required by law.
We never sell personal data.
4.4 Security
We employ secure servers and encryption. However, no system is 100% secure.
4.5 Data Retention
We retain user data only as long as needed for legitimate business or legal purposes.
4.6 Age Requirement
The Platform is for users 16 years or older. Any data from users under 16 will be deleted immediately.
5. MEMBERSHIP AGREEMENT & MUTUAL CONFIDENTIALITY (NDA)
All off-market listings, investor details, and communications are Confidential Information.
Members agree to:
- Maintain confidentiality;
- Use such data only for legitimate purposes; and
- Not disclose, duplicate, or circumvent contacts or opportunities obtained via the Platform.
This Mutual NDA remains effective for five (5) years after account termination or as long as information remains confidential.
Violation of this clause constitutes irreparable harm, entitling OffMarketNow.com to seek injunctive relief and damages.
6. ELECTRONIC CONSENT (ESIGN & UETA)
By checking the acknowledgment box or using the Platform, you consent to electronic transactions and signatures under the Electronic Signatures in Global and National Commerce Act (ESIGN) and UETA.
This consent has the same legal effect as a handwritten signature.
Checkbox Text:
"I have read and agree to the Terms of Use, Privacy Policy, and Membership & Confidentiality Agreement. I understand my electronic acknowledgment constitutes a legally binding signature under ESIGN and UETA."
7. CONTACT INFORMATION
OffMarketNow.com – Legal & Compliance Department
Email: legal@offmarketnow.com
8. SHORT-FORM WEBSITE NOTICE
By creating an account, accessing, or using OffMarketNow.com, you agree to our Terms of Use, Privacy Policy, and Membership & Confidentiality Agreement.
Unauthorized access, disclosure, or use of proprietary information is strictly prohibited.