Terms of Use

Welcome to OfferDash®, provided by The Local Realty, Inc. (“OfferDASH, OfferDash or OD”). By using OfferDash’s Web sites (defined to include all properties (mobile, Web or otherwise) owned and operated by OfferDash), related data, and/or related services (collectively, “Services”), you agree to be bound by the following terms of use, as updated from time to time (“Terms of Use”). OfferDash® complaints or questions regarding these Terms of Use may be sent to legal@offerdash.com. OfferDash® reviews questions regularly.

Permissible Use. Unless you are a real estate or lending professional acting in your professional capacity, you agree to use the Services for your personal use, and your commercial use is limited to transactions done on your own behalf. The commercial use of real estate and lending professionals is limited to providing information to consumers via the Services or, where authorized, taking actions on behalf of a consumer client (e.g., post a home for sale). Without limitation, lending professionals and institutions are prohibited from using the information provided by OfferDash® through the Services in making any loan-related decisions. The Services may be used only for transactions in residential real estate and may not be used for transactions in commercial real estate, which includes, without limitation, commercially zoned properties, timeshares, and vacation rentals. Subject to the restrictions set forth in the following paragraphs, you may copy information from the Services only as necessary for your personal use to view, save, print, fax, and/or e-mail such information. You agree otherwise not to reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble or reverse engineer any portion of the Services.

Restrictions and Additional Terms. You agree not to remove or modify any copyright or other intellectual property notices that appear in the Services. You will not use the Services for resale, service bureau, time-sharing, or other similar purposes. Further:

Acceptable Use. You agree not to use the Services in any way that is unlawful or harms OfferDash, its service providers, suppliers, or any other user. You agree not to distribute or post spam, chain letters, pyramid schemes, or similar communications through the Services. You agree not to impersonate another person or misrepresent your affiliation with another person or entity. Except as expressly stated herein, these Terms of Use do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party Web sites or otherwise. Except as expressly stated herein and without limitation, you agree that you will not, nor will you permit or encourage any third party to, reproduce, publicly display, or otherwise make accessible on or through any other Web site, application, or service any information about real estate, lending, or other professionals, underlying images of or information about real estate listings, or other data or content available through the Services.

Automated Queries. Automated queries (including screen and database scraping, spiders, robots, crawlers, and any other automated activity with the purpose of obtaining information from the Services) are strictly prohibited on the Services unless you have received the express written permission from OfferDash. As a limited exception, publicly available search engines and similar Internet navigation tools (“Search Engines”) may query the Services and provide an index with links to the Services’ Web pages, only to the extent such unlicensed “fair use” is allowed by applicable copyright law. Search Engines are not permitted to query or search information protected by a security verification system (“captcha”) which limits access to human users.

Google Maps. Some of the Services implement the Google Maps web mapping service. Your use of Google Maps is subject to Google’s terms of use, located at https://www.google.com/intl/en_us/help/terms_maps.html.

Calls. If you, as a consumer, choose to contact a real estate agent or homeowner through the Services by completing a contact request or other request form on OfferDash, you authorize OfferDash® to provide your name and contact information and other identifying information you provide to that real estate agent, homeowner and any associated vendors. Further, if you elect to request pre-approval from a Lender (as defined below) in connection with your contact with a real estate agent or homeowner, you authorize OfferDash® to provide your name and contact information and other identifying information you provide to the participating Lender or associated vendors. You acknowledge that, by submitting your contact request or other request forms on OfferDash® or by electing to request pre-approval, you may receive telemarketing calls from or on behalf of the real estate agent, Lender or other vendors at the telephone number(s) you provide. The Services may provide phone numbers that can connect you with OfferDash, its service providers, or other third parties, such as real estate agents, mortgage brokers, escrow, and title companies. Some of the numbers listed may be routed through a third-party service (“Calling Service”). Calls through the Calling Service may be recorded or monitored for quality assurance and customer service purposes. In the event that you make a call to OfferDash® or through a Calling Service, you consent to such recording and monitoring. OfferDash® will treat recorded calls in accordance with its Privacy Policy.

TCPA Consent & Privacy. Notwithstanding any current or prior election to opt-in or opt-out of receiving telemarketing calls or SMS messages (including text messages) from us, our agents, representatives, affiliates, or anyone calling on our behalf, you expressly consent to be contacted by OfferDash, our agents, representatives, affiliates, or anyone calling on OfferDash’s behalf for any and all purposes arising out of or relating to your loan and/or account, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree OfferDash® may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using an auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text.

You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and autodialed) from OfferDash, our agents, representatives, affiliates, or anyone calling on our behalf at the specific number(s) you have provided to OfferDash, or numbers we can reasonably associate with your account (through skip trace, caller ID capture or other means), with information or questions in connection with the Services related to your account. You certify, warrant, and represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number. Your cellular or mobile telephone provider will charge you according to the type of plan you carry. You also agree that we may contact you by e-mail, using any email address you have provided to us or that you provide to us in the future. We may listen to and/or record phone calls between you and our representatives without notice to you as permitted by applicable law. For example, we listen to and record calls for quality monitoring purposes.

The Role of OfferDash. OfferDash® is a licensed real estate broker. OfferDash® does not act as a real estate agent for you or any other user unless otherwise agreed to in writing. Such real estate services may be provided by one of OfferDash’s licensed brokerage subsidiaries or Partner Agents if you enter into a binding legal agreement with them to provide said services.

Registering an Account. By registering for an account on OfferDash, you are agreeing to the following terms and conditions as well as the MLS Terms of Use.

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. You certify that you will not upload or post inappropriate content such as profanity, obscenity, libelous content, etc.

You retain your rights to any Content you submit, post, or display on or through the Services. By submitting, posting, or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). The most common public uses for content today are in the user forums and paired with a public review left by you for a particular agent.

Materials You Provide; Account Use; Privacy; Third-Party Web Sites. For materials you post or otherwise provide to OfferDash® in connection with the Services (your “Submission”), you grant OfferDash® an irrevocable, perpetual, royalty-free worldwide license to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your Submission, in connection with the Services or in any other media, and (b) sublicense these rights, to the maximum extent permitted by applicable law. OfferDash® will not pay you for your Submission or to exercise any rights related to your Submission set forth in the preceding sentence. OfferDash® may remove or modify your Submission at any time. For each Submission, you agree to provide accurate and complete information and represent that you have all rights necessary to grant OfferDash® the rights in this paragraph and that the Submission complies with Section 2(a) above. You are solely responsible for all Submissions made through your OfferDash® user account or that you otherwise make available through the Services. You may not share your OfferDash® user account with others. You are responsible for all actions taken via your account. OfferDash® will treat your use of the Services in accordance with its Privacy Policy. Certain OfferDash® functionalities may involve the distribution of your Submission to third party Web sites over which OfferDash® has no control. OfferDash® is not responsible for and makes no warranties or representations pertaining to these third-party Web sites, including but not limited to the content, availability, or functionality of such Web sites. You are responsible for ensuring that your Submission complies with the terms of use associated with any such third-party Web site and you understand that your Submission and your use of a third-party Web site will be treated in accordance with that third party Web site’s own privacy policy.

You promise that you will not use the OfferDash® Network to:

• Transmit any Content
  • not related to appropriate subject matters;
  • which is misleading to others, including consumers;
  • that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  • that you do not have a right to post and transmit under any law or under contractual relationships;
  • such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
  • and materials that contain software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
• Intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act.

By Transmitting Content to OfferDash, you grant, and you represent and warrant that you have the right to grant, to OfferDash® an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of OD, you grant OfferDash® all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on OfferDash® by any party for any purpose.

OfferDash® is committed to maintaining the privacy and security of any and all such information that you provide to OfferDash® in accordance with its Privacy Policy. Please click here to review the OfferDash® Privacy Policy.

Linked Materials and Third-Party Materials. The Services include links to third-party products, services, and Web sites, as well as materials provided by third parties. OfferDash® does not endorse and takes no responsibility for such products, services, Web sites, and materials. You understand that OfferDash® has no obligation to, and generally does not, approve or monitor materials provided by third parties through the Services. Your dealings with any third party arising in connection with the Services are solely between you and such third party, and OfferDash® takes no responsibility for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.

Real Estate Data. All real estate data provided on this Site is strictly for the personal, private, non-commercial use of the User and is not made available for redistribution, retransmission, reformatting, modification, or copying. User may not sell or use any of the real estate data on this Site for any purpose other than attempting to evaluate houses or properties for sale or purchase by User. User acknowledges that the real estate data on this Site is provided by 3rd party providers or vendors (“Vendors”), and User acknowledges the validity of the Vendors copyright as to such data. User expressly acknowledges and agrees that the Vendors are a third-party beneficiary of these Terms of Use and that the Vendors will be entitled to enforce these Terms of Use against User.

To the fullest extent permitted by law, the data on this Site is provided “as is,” without warranty or representation of any kind, either express or implied, as to the nature, quality, characteristics, or value of any property or information to which the data pertains. NEITHER PROVIDER NOR VENDORS MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE DATA DISPLAYED ON THIS SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR AS TO THE TIMELINESS, ACCURACY AND/OR COMPLETENESS OF THE DATA.
NEITHER PROVIDER NOR VENDORS SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS INFORMATION, LOSS OF DATA, LOST PROFITS, LOSS OF CUSTOMERS OR OTHER PECUNIARY LOSS), ARISING OUT OF THE USE OR INABILITY TO USE THE DATA DISPLAYED ON THIS SITE, WHETHER THE CLAIM OR CAUSE OF ACTION ARISES IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR UNDER ANY OTHER LEGAL THEORY.

User agrees that the prevailing party or parties in any action brought to enforce or for breach of these Terms of Use shall be entitled to recover, in addition to any other relief, that party’s or those parties’ reasonable attorney’s fees and court costs incurred in such action from the non-prevailing party or parties.

Public Record Information displayed on this Site is deemed reliable but not guaranteed.

Real Estate Services. Site users may make requests for home tours, real estate agent contact, help to sell or buy a home, or other requests. By making such requests, the Site user authorizes OfferDash® to share the user’s personal information including their home search history, favorites, and saved searches to a real estate professional in order to satisfy the user’s request. When Site users make such requests to OfferDash® they are extending an express invitation for OD, or another appropriate entity or person, to contact the User.

You understand and agree that if you use the services provided by OfferDash® to sell your home to an investor or locate and hire a real estate agent to list or purchase property on your behalf, OfferDash® may be compensated for the referral service.

You agree that your use of the Site does not constitute or create a fiduciary or brokerage relationship with OfferDash® involving the purchase and sale of any property or a specific property.

You understand that all the data on properties available for sale or rent is maintained by various real estate brokers, real estate agent boards, MLSs, and associations in the communities where you are searching or where your property is located. These local boards of real estate are independent of OfferDash® and are solely responsible for the accuracy of the information on properties entered into their own MLS data. OfferDash® does not alter or add to this information on the properties in any way.

Automated Value Estimates. Automated values and estimates (On Market Value and Cash Value) generated from our website portals shall not be used as an appraisal. THIS IS A AUTOMATED COMPARATIVE MARKET ANALYSIS BASED ON PUBLIC RECORD DATA AND SHOULD NOT BE CONSIDERED AN APPRAISAL, BROKER PRICE OPINION OR OPINION OF VALUE. In making any decision that relies upon this analysis, you should know that this value does not follow the guidelines for the development of an appraisal or analysis contained in the Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation.

Instant Offers and Requesting a Cash Offer

• While OfferDash® may connect you with a Broker or Agent, it does not endorse or recommend the services of any third party, including any real estate broker or agent or Investor.
• You are responsible for complying with any third-party agreements relating to the sale of Your Property, including any agent listing agreements you may have entered into prior to participating on this website.
• OfferDash® does not guarantee that any Investor will make an offer or that any offers made will provide the best terms available or will result in the greatest net proceeds to you.
• While OfferDash® takes certain steps to qualify Investors, OfferDash® does not guarantee any offer made, including how long it will be held open by the Investor.
• OfferDash® shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of the website, including any damages related to the inspection or sale of your property
• OfferDash® assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that you take based on the services offered through the website.
• OfferDash® is providing the website solely as an administrative platform for potential sellers and Investors to connect and in no way, directly or indirectly, holds itself out as a real estate broker or agent or claims to act on behalf of either Investors or sellers unless otherwise agreed to in writing

Real Estate Solicitation. If your property is currently listed with a real estate brokerage, please disregard any notices sent by OD. It is not our intention to solicit the offerings of other Brokers.

Any electronic communication is not an offering nor an offer to sell nor a solicitation of offers to purchase. It is provided solely for informational purposes and is not intended to constitute an advertisement in any jurisdiction. All information contained within this website are subject to change, and no representations are made as to the accuracy of such information.

Mortgage-Related Disclosure. OfferDash® does not confirm, and does not make or give any guarantee regarding,

• (i) any information in any request for, or in any request to be contacted about, a quote, pre-qualification, pre-approval, loan commitment, a loan or loan-related document, nor(ii) any information about any consumer, potential borrower, or another person who submits or is the subject of an Inquiry, nor(iii) any information about, or in any rating of or feedback about, any advertiser, lender, broker or mortgage or loan professional.

OfferDash® does not guarantee any information provided by any borrower, any specific loan terms and conditions offered by an advertiser, lender, broker, or mortgage professional, or that any person will be offered or able to obtain any particular rates, loan, loan application, quote, pre-qualification, pre-approval, loan commitment or loan-related transaction.

OfferDashis not a lender, mortgage broker, loan originator, loan processor, or underwriter. OfferDash® does not aid or assist in obtaining loans or loan applications, nor in setting or negotiating any terms thereof, nor in making loan or loan application decisions.

OfferDash® does not offer loans and does not solicit or participate in the solicitation of loans or loan applications.

OfferDash® does not take applications for loans or credit nor issue or participate in the issuance of pre-qualifications or pre-approvals.

Any request for, inquiry about or agreement to receive or be contacted about loans, loan applications, quotes, pre-qualifications, pre-approvals, loan commitments or loan-related transactions by any consumer or person (e.g., by way of advertisements on websites or mobile apps operated by OD) is not, and will not be responded to by OfferDash® as, an order, application, offer or transaction for any credit, loan, loan application, quote, pre-qualification, pre-approval, loan commitment or loan-related transaction or other loan or credit product.

OfferDash® does not endorse or recommend any lender, any borrower nor any of the products, rates, or offerings of any lender, broker, or mortgage professional.

Nothing contained in any mortgage-related ad or other ad is an offer to provide, or a solicitation for, any loan, loan application, quote, pre-qualification, pre-approval, loan commitment, or loan-related transaction.

OfferDash® is not an agent of any consumer or borrower nor of any advertiser, lender, broker or mortgage, or loan professional unless agreed to in writing.

OfferDash® sometimes may provide advertising services, services to facilitate contact when consumers wish to be contacted by lenders, mortgage brokers, or other loan professionals and/or other like services relating to the use of websites or mobile apps OfferDash® operates.

Decisions regarding loans, loan applications, quotes, pre-qualifications, pre-approvals, loan commitments, or loan-related transactions are not made by OfferDash® but are made by lenders, brokers, or other loan professionals which might include participating advertisers of OD.

OfferDash® does not make or give any guarantee regarding and assumes no responsibility for, any such decisions, nor any acts or omissions of lenders, brokers, or other loan professionals, nor any result or consequence (direct or indirect) of any business transaction (actual, proposed or discussed) or related communications between lenders, brokers or other loan professionals and any other person, nor any rates, information or other content on or accessible through any website or app that did not originate solely from OD.

The foregoing disclosures reflect OfferDash’s good faith conclusions regarding the subject matter of such disclosures, and OfferDash® takes no responsibility for and shall have no liability as a result of or in connection with, any assertions, findings, or conclusions that might be made, adjudicated, established or otherwise reached by anyone other than OD, nor any actual or alleged inaccuracy of or other faults with any such disclosures.

Transactions and E-Commerce. During your visit to our site, you may elect to engage in a transaction involving the purchase of a product such as a featured listing, an online advertisement, or other tangible goods and services. To serve you most efficiently, credit card transactions and order fulfillment are often handled by a third party processing agent, bank, or distribution institution. While in most cases transactions are completed without difficulty, there is no such thing as “perfect security” on the Internet or offline. If you’re concerned about online credit card safety, in most cases a telephone number will be made available so you can call us and place your order by phone. OfferDash® can not take responsibility for the success or security of transactions undertaken or processed by third parties.

On occasion, a product or service may not be available at the time or the price as it appears in an advertisement. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of publication, or error in pricing or product information received from our advertisers or suppliers, you agree OD is not responsible for such errors or discrepancies.

Other Specifics About Interactive Areas. OfferDash® comment areas, blogs, private messaging, and other such interactive areas are provided to give users an interesting and stimulating forum to express their opinions and share ideas and information. Given the nature of OfferDash® and the volume of messages and postings, OfferDash® can not and does not monitor all of the material posted or transmitted by users and third-party information providers. To protect your safety, please use your best judgment when using these forums.

We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. If you make such disclosures either through postings on the blogs, comment areas, or private messages you place or in other interactive areas or to third parties in any communication, you do so fully understanding the consequences of such disclosures and with a knowing consent that such information could be used to identify you. Divulging real names, phone numbers, addresses, occupations, or other information that can be used to identify or locate other site users is strictly prohibited.

OfferDash® reserves the right to delete, move or edit any communications at any time, for any reason or at its discretion, but has no obligation to review or remove any such content.

Equal Housing Opportunity. We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.

LIABILITY LIMITATION; EXCLUSIVE REMEDY. IN NO EVENT WILL OfferDash® OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST OfferDash® OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

Claims of Copyright Infringement. OfferDash® respects the intellectual property rights of others and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify OfferDash’s copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information: (a) Identification of the copyrighted work that you claim has been infringed; (b) Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it; (c) Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and (d) A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation. Notices of copyright infringement claims should be sent as follows: By mail: OfferDash®, P.O. Box 601941, San Diego, CA 92160, Attention: Copyright Agent. By e-mail: legal@offerdash.com. If you give notice of copyright infringement by text e-mail, OfferDash’s copyright agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action. Please review our Copyright Notice for proper procedures.

Changes; Discontinuance. OfferDash® reserves the right to change these Terms of Use at any time at its sole discretion. Any changes will be effective immediately upon posting the revised version of these Terms of Use to OfferDash’s Web sites. Your continued use of the Services after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use. OfferDash® may alter, suspend or discontinue the Services at any time to you and/or to others, without notice.

Choice of Law; Disputes. These Terms of Use are governed by the laws of the State of California, without giving effect to its conflict of laws provisions. You agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in San Diego County, California for any and all disputes, claims and actions arising from or in connection with the Services and/or these Terms of Use. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys’ fees and expenses.

Indemnification. You agree to defend and hold OfferDash, its affiliates, and their respective directors, officers, employees, and agents harmless from any and all claims and demands made by any third party due to or arising out of your breach of these Terms of Use, your use of the Services, your violation of any law or the rights of a third party, or any Submission made through your OfferDash® user account or that you otherwise make available through the Services.

Release. You release OfferDash, its affiliates, and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Services. If you are a California resident, you waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”