By visiting NextDayHomeSales (NDHS), 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. Please also review our Privacy Policy, which also governs your visit to NDHS to fully understand our practices. Collectively, these documents constitute an "Agreement" between you and NDHS regarding your use of the NDHS website.

Goal of our Network

NextDayHomeSales’ corporate mission is to provide every Maryland home seller with a smarter way to sell their own home fast and reliably without paying commissions or fees. In doing so, NDHS complies with all applicable Federal and state laws associated with residential real estate transactions. In order to maximize our services to customers, you agree that you will provide us with truthful, accurate and complete information concerning your home.

INTELLECTUAL PROPERTY

^© 2006 NextDayHomeSales, Inc. NDHS. All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, are the exclusive property of NextDayHomeSales, Inc. (NDHS) and are all subject to copyright and other intellectual property protection. "NextDayHomeSales"“NDHS” “The way home selling should be” “We Make Home Selling Quick & Hassle Free” and all other trademarks and service marks indicated on our site are the property of NextDayHomeSales, Inc. These objects may not be copied for commercial use or distribution, nor may these objects be modified or reposted to other sites. Framing of any content is strictly prohibited. REALTOR^® is a trademarks of its respective owners.

License

NDHS 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 NDHS. 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 NDHS.

REAL ESTATE TRANSACTIONS - IN GENERAL

Financial decisions, including decisions about buying or selling real estate, are serious decisions that should not be taken lightly. NDHS, 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. 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 any real estate investor or investment company or real estate broker or brokerage company that is linked to, included in, or referred to by this site. You agree and understand that your choice to deal with any member, realtor 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 NDHS or its agents, employees, officers, subsidiaries, members or affiliates be liable for any direct, indirect, incidental, punitive or consequential damages of any kind whatsoever with respect to your dealings with us.

NDHS is NOT a foreclosure consulting service nor do we provide foreclosure consulting services to or enter into foreclosure consulting contracts or foreclosure reconveyances with individuals in foreclosure pursuant to Maryland law. NDHS IS a for profit real estate investment company which buys homes in all conditions, locations and price ranges throughout the state of Maryland, including homes in foreclosure. We are NOT advisors or consultants to homeowners in foreclosure and recommend homeowners in foreclosure seek every available foreclosure avoidance option with their lender prior to losing their home at a foreclosure auction sale. We make no promises whatsoever that we will stop a foreclosure or save a house from foreclosure. While selling a home facing or in foreclosure preforeclosure may help preserve a homeowner’s credit or equity, we make no promises or guarantees of this fact. NDHS strongly encourages individuals facing foreclosure to read and familiarize themselves with rights afforded them in the ANNOTATED CODE OF MARYLAND, REAL PROPERTY: TITLE 7. MORTGAGES, DEEDS OF TRUST, AND VENDOR’S LIENS: SUBTITLE 3. PROTECTION OF HOMEOWNERS IN FORECLOSURE and/or consult an attorney before signing any documents that transfer title to their home. All contracts for the purchase and sale of real property must be made in writing. We use standardized forms to comply with the various laws and regulations that govern the home sale and purchase transaction. Homeowner understands and agrees that he or she may freely sell or convey their property to whomever they choose and warrant to us that they are the owner of record of the property at issue. NDHS offers to purchase may be freely accepted, or freely rejected by homeowner with no obligation or liability by either party. If fully accepted however, it becomes a ratified and legally binding sales contract between NDHS and homeowner not unlike a for sale by owner (FSBO) real estate sales transaction. To protect the parties’ rights, full settlement by a Maryland settlement company follows a ratified contract to complete a preforeclosure sale. Full settlement means an in-person, face-to-face meeting with the homeowner to complete final documents incident to the sale or transfer of real property, or the creation of a mortgage or equitable interest in real property, conducted by a settlement agent who is not employed by or an affiliate of NDHS, during which the homeowner is presented with a completed copy of the HUD-1 Settlement Form.

Obligations of Home Sellers/Buyers Registered With NextDayHomeSales

By completing the home information form on this site, you agree that:

a. You are of legal age and are otherwise capable of forming a legally binding contract;
b. You are interested in selling real property you legally own and hold title to which is located in the state of Maryland;
c. You do not have an exclusive contractual or other arrangement with any real estate professional or broker; and
d. You agree to be contacted by e-mail or other means by NextDayHomeSales or a member or affiliate of NDHS regarding your property or interest in selling your property regardless of the fact that you may be listed in a do not call registry.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY NDHS ON AN "AS IS" AND "AS AVAILABLE" BASIS. NDHS 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, NDHS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEXTDAYHOMESALES.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NDHS WILL NOT BE LIABILE 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. NDHS IS NOT A REAL ESTATE BROKERAGE COMPANY, REAL ESTATE BROKER, ASSOCIATE BROKER OR A LIMITED SERVICE BROKERAGE COMPANY. NDHS IS OWNED BY A LICENSED MARYLAND REAL ESTATE PROFESSIONAL.

Governing Law

By visiting NDHS, you agree that the laws of the State of Maryland, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and/or any dispute of any sort that might arise between you and NDHS or its affiliates.

Links to Other Sites

From time to time, NDHS may include on its site third party services (such as a relocation, title, insurance or settlement companies). NDHS may post information about, or links to, these companies as a service to its users who may be interested in such services. NDHS is not responsible for the contents of any link to or from this site. We do not endorse the policies or practices of, or opinions expressed on, other websites linked to or from this site; nor do we make any representations or warranties with respect to the accuracy of any items or claims contained in such other websites. Any links are provided for you only as a convenience, and the inclusion of any link does not imply endorsement by us of the services, the site, its contents or its sponsoring organization.

Disputes

Any dispute relating in any way to your use of the NDHS site shall be submitted to confidential and binding arbitration in Rockville, Maryland, except to the extent that you have in any manner violated or threatened to violate NDHS’s intellectual property rights or any other rights that NDHS seeks to defend, NDHS may seek injunctive or other appropriate relief in any state or federal court in the State of Maryland, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the commercial rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

Other Policies, Modification and Severability

Please review our other policies posted on this site, including our Privacy Policy. These policies also govern your visit to NDHS. We reserve the right to make any changes to our site, policies, and these Terms and Conditions of Use at any time. If any of these provisions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining provisions.

Acceptance of Terms of Use

By your use of this site, you agree that you have read, understand and agree to abide by this Agreement and the documents it incorporates by reference; you intend to form a legally binding contract with NDHS by utilizing or viewing this site. A printout of this legally binding Agreement and the documents it incorporates by reference will constitute a "writing" under any applicable law or regulation.

Our Commitment to You

NDHS is committed to making your experience with us satisfying, fair and safe. Protecting the privacy of our users is a primary concern for NextDayHomeSales.

When you request NDHS’s online services, the information you provide to us is used only to provide you with an offer to buy your home, to deliver notifications & communications to you (or to people you designate as your recipients), and from time to time, to validate your identity. Although a certain limited amount of information is required for us to be able to serve you, our data collection policies otherwise allow you to choose how much information you provide to us. The information you provide will be shared with our network of real estate professionals that will assist in the sale of your home.

By visiting NDHS, you accept the policies set forth in this Privacy Policy.

The Information We Collect

The information we collect allows us to provide you with the offer we make you. We ask you to provide information about yourself and your property — such as your name, email address, street address, contact phone number and other information related to the home you are trying to sell — so that we can make you a competitive and reasonable offer to purchase. Information collected online is typically defined as being either;

Anonymous or Personally Identifiable:

Anonymous (or Technical) Information means information that we can't identify with a specific individual. For instance, we know that thousands of people have visited this privacy policy page, but we do not necessarily know their names, where they live, or their e-mail addresses. Also, some of our pages collect technical information about your session (such as browser type, ISP, referring/exit pages, platform type, date/time stamp, number of clicks, domain name and country/state). This information may be used to analyze trends, administer our website and track usage of our website. What we collect from interactions such as this constitutes "anonymous information." Visiting the NDHS website will also cause a NDHS cookie to be issued. This cookie allows NDHS to gather such anonymous or technical information.

Personally Identifiable Information means information that tells us something specific about an individual, such as their name, email address or phone number. We need this type of information to provide the personalized services that you have requested, specifically, we need this type of information to allow one of our network’s professionals to contact you. We hope that, like many of our customers, you will find it beneficial to provide Personally Identifiable Information to NDHS so that we may provide our valuable services to you.

Third Party Advertisers

We allow outside companies to advertise on certain sections of our web site. We select product and service providers that are responsible and afford privacy protections to their customers. These third parties serve their ads from their own web sites, independently of NDHS. As such, they may use cookies or request personal information from you, or they may share anonymous information about your visit with third parties. Please be aware that any such third parties would be separate entities from NDHS, and that we would not be responsible for the practices employed by websites linked to or from our website, nor the information or content contained in such sites, and we may not be held liable in the event they violate their own or our privacy policy. In the course of serving ads to this site, a third-party advertiser may place or recognize a unique "cookie" on your browser.

Information Distribution

If you are providing us Personally Identifiable Information, it will be used within NDHS's system to deliver our services. NDHS will not share, rent or sell your information to third parties without your permission other than to allow our network the ability to make you an offer to buy your home. Agents/Affiliates: We may employ other companies or individuals to perform functions on our behalf. Examples may include analyzing data, providing marketing assistance, and providing customer service. These agents have access to Personal Information needed to perform their functions, but may not use it for other purposes. Business Transfers: As we continue to develop our business, we might sell or buy business units. In such transactions, Personal Information generally is one of the transferred business assets. In the event that NDHS or substantially all of its assets are acquired, Personal Information will of course be one of the transferred assets. Internal Analysis: We may use Personal Information for our own internal statistical, design, and operational purposes such as to estimate our audience size; and understand demographic, customer interest, and other trends among our guests. Message Boards: Our Site may have chat rooms, discussion boards, online forums, and other interactive technologies that allow individual comments and messages to be tied to a guest’s name, e-mail address or other identifier. Any Personal Information you post in such forums is public information and NDHS can not control what uses third parties may make of any Personal Information you may share in such forums. Children: Our Site is not designed nor intended to collect Personal Information from children under the age of 18. To respect the privacy of children and to comply with the Children’s Online Privacy Protection Act, children under the age of 18 should not provide any Personal Information on this Site. Protection of NDHS and Others: We release Personal Information (a) when we believe release is appropriate to comply with the law, respond to claims or comply with legal process served on NDHS (e.g., a lawful subpoena, warrant or court order); (b) to enforce or apply our Terms and Conditions and other agreements; (c) to protect the rights, property, or safety of NDHS, our Site, our users or others, including preventing fraudulent, abusive, or unlawful use of our Site; or (d) if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay. Customer Service Correspondence: We may collect Personal Information when you submit comments, questions or suggestions through our Site.

Notwithstanding the foregoing, NDHS may be required to provide Personally Identifiable Information to comply with valid legal requirements such as law, regulation, warrant, subpoena or court order. NDHS offers you the ability to control the email communications we make to you. It is our intention to give you as much control over our relationship as possible. When you submit an application for our services, you consent to receive emails and other mediums of communication and notification about services from NDHS and its affiliates. However, NDHS gives you the opportunity to unsubscribe to general email communication from us and our affiliates. Clear directions for doing so will appear in the email messages we send to you. At times, NDHS may enter into co-branding arrangements with other companies, and if so, an opt-in or opt-out question may be provided to allow email contact from these companies as well. Their opt-in/out features are specific to each organization, but you should not receive email from these organizations unless you have indicated that it is acceptable. Before consenting to receive email from third parties, you should read their privacy policy and terms of use, if applicable; to make sure you are comfortable dealing with that company. NDHS cannot make commitments on behalf of other companies. We make every effort to ensure all email from NDHS affiliates who gain your permission to send you commercial email will include an opportunity to opt out of future communications. NDHS reserves the right to send a one-time registration confirmation email to its customers to inform them of service changes or issues with the Terms and Conditions of Use.

Security Procedures

NDHS operates secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary, and only authorized individuals have access to the information provided by our customers. We use commercially reasonable efforts to store and maintain Personal Information to protect it from loss, misuse, alteration or destruction by any unauthorized party. We have put into place security measures in an effort to protect Personal Information from loss, misuse or alteration while it is under our control, and use technical, contractual, administrative, and physical measures in an effort to protect against unauthorized access.

Policy Change

If we alter our privacy policy, any changes will be posted on this page of our Site so that you are informed of the information we collect about you, how we use it, and the circumstances under which we may disclose it. Please check back from time to time to ensure you are aware of our current privacy policy.