Terms of Service

Last Updated: December 2024

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Silent Night Homes ("Company," "we," "our," or "us"). By accessing or using our website, submitting information through our forms, or engaging with our services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our services.

1. Description of Services

Silent Night Homes provides real estate investment and property acquisition services, including:

  • Property evaluation and market analysis
  • Cash offers for residential properties
  • Real estate consultation services
  • Property acquisition and disposition
  • Information and resources through our website

Important: All offers and services are provided without obligation. No binding agreement exists until formal contracts are executed by all parties.

2. User Obligations and Representations

By using our services, you represent and warrant that:

  • You are at least 18 years old and have legal capacity to enter contracts
  • All information provided is accurate, complete, and truthful
  • You have legal authority regarding any property information submitted
  • You will not use our services for illegal or unauthorized purposes
  • You will not transmit harmful or malicious content

You agree to:

  • Provide accurate property and contact information
  • Respond promptly to communications regarding your inquiry
  • Respect our time and resources in preparing evaluations
  • Notify us of any changes to provided information

3. Information Use Authorization

Your Consent

By submitting information through our forms, you expressly authorize Silent Night Homes to use your information as described below.

You authorize us to:

  • Property Research: Conduct comprehensive research on your property, including but not limited to public records searches, comparable sales analysis, and market evaluations
  • Professional Consultation: Share your information with licensed real estate professionals, appraisers, contractors, and other experts to determine accurate property valuations
  • Direct Communication: Contact you via phone, email, text, or mail regarding your property inquiry and our services
  • Third-Party Services: Engage title companies, inspectors, attorneys, and other service providers necessary for property evaluation and potential transactions
  • Marketing Analysis: Use aggregated, anonymized data for business analysis and service improvement

All information use is solely for the purpose of providing you with accurate property valuations and competitive cash offers.

4. Disclaimers and Limitations

⚠️ Important Disclaimers

Please read these disclaimers carefully as they limit our liability and your legal rights.

No Guarantees:

  • We do not guarantee that we will make an offer on your property
  • Property valuations are estimates and not appraisals
  • Market conditions and property factors may affect final offers
  • No commitment exists until formal purchase agreements are signed

AS-IS Services:

Our website and services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Information Accuracy:

While we strive for accuracy, we do not warrant that information on our website is complete, accurate, or current. Property values, market conditions, and other factors are subject to change without notice.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SILENT NIGHT HOMES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, revenue, or business opportunities
  • Property value fluctuations or market changes
  • Delays in communication or service delivery
  • Decisions based on information provided through our services
  • Third-party actions or omissions

Our total liability for any claims shall not exceed the amount you paid for our services, if any.

6. Indemnification

You agree to indemnify, defend, and hold harmless Silent Night Homes, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

  • Your use of our services or website
  • Your violation of these Terms
  • Inaccurate or false information you provide
  • Your violation of any third-party rights
  • Any property-related disputes or claims

7. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By agreeing to these Terms, you also agree to our Privacy Policy.

You acknowledge that real estate transactions may require disclosure of certain information to third parties such as title companies, lenders, attorneys, and government agencies as required by law or necessary to complete transactions.

8. Modification and Termination

Modifications:

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website. Your continued use of our services after changes are posted constitutes acceptance of the modified Terms.

Termination:

We may terminate or suspend your access to our services at any time, with or without cause or notice. You may stop using our services at any time. Termination does not affect any rights or obligations that accrued before termination.

9. Governing Law and Dispute Resolution

Governing Law:

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

Dispute Resolution:

Any disputes arising under these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in California, and the decision shall be final and binding.

Class Action Waiver:

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

10. Miscellaneous

  • Entire Agreement: These Terms constitute the entire agreement between you and Silent Night Homes regarding the use of our services
  • Severability: If any provision is found unenforceable, the remaining provisions will remain in full force
  • No Waiver: Our failure to enforce any right or provision does not constitute a waiver
  • Assignment: You may not assign these Terms without our written consent
  • Survival: Provisions that should survive termination will remain in effect

11. Contact Information

For questions about these Terms of Service, please contact us:

Silent Night Homes

Email: [email protected]

Phone: (707) 940-1313

Acknowledgment

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.