Terms of Service

Last updated: December 25, 2025

Important Notice

Please read these Terms of Service carefully before using SellAndBuys. By accessing or using our service, you agree to be bound by these terms. If you do not agree, you may not use our service. These terms contain important information about your legal rights, including limitations of liability and dispute resolution provisions.

1. Acceptance of Terms

By accessing or using SellAndBuys ("Service," "Platform," "we," "our," or "us"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and all applicable laws and regulations. If you do not agree to these Terms, you must not access or use the Service.

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to the Platform. Your continued use of the Service after any changes constitutes acceptance of the modified Terms.

2. Description of Service

SellAndBuys is an online advertising and listing platform that connects commercial property owners with potential buyers, tenants, and investors. We provide a marketplace for users to post and view commercial real estate listings.

Important Clarification:

  • SellAndBuys is NOT a licensed real estate broker or brokerage firm
  • We do not represent buyers, sellers, landlords, or tenants in transactions
  • We do not negotiate terms or provide professional real estate advice
  • We do not verify the accuracy of listing information
  • We do not facilitate closings or handle transaction funds

See our Disclaimer for more information.

3. User Eligibility

To use SellAndBuys, you must:

  • Be at least 18 years of age
  • Have the legal capacity to enter into binding contracts
  • Not be prohibited from using the Service under applicable law
  • Provide accurate and complete registration information

By using the Service, you represent and warrant that you meet all eligibility requirements.

4. User Accounts

To access certain features, you must create an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information
  • Maintain the security and confidentiality of your login credentials
  • Notify us immediately of any unauthorized access to your account
  • Accept full responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our sole discretion.

5. Property Listings

Users who post property listings ("Listing Users") agree to the following:

5.1 Listing Requirements

  • Provide accurate, complete, and truthful property information
  • Have the legal right and authorization to list the property
  • Own or have permission to use all photos and content in the listing
  • Keep listings current and remove sold or unavailable properties promptly
  • Respond to inquiries in a timely and professional manner

5.2 Prohibited Listing Content

  • False, misleading, or fraudulent information
  • Properties you do not have authorization to list
  • Content that violates Fair Housing laws (see our Fair Housing Policy)
  • Discriminatory language or preferences based on protected characteristics
  • Copyrighted material without proper authorization
  • Illegal properties or properties involved in illegal activities

5.3 Content License

By posting content on SellAndBuys, you grant us a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute your content in connection with operating and promoting the Service. You retain ownership of your content.

6. Fair Housing Compliance

All users must comply with the Fair Housing Act and all applicable federal, state, and local fair housing laws. Discrimination based on race, color, national origin, religion, sex (including gender identity and sexual orientation), familial status, or disability is strictly prohibited. Violations may result in immediate account termination and reporting to appropriate authorities. See our complete Fair Housing Statement.

7. Subscription and Payments

Certain features require a paid subscription. By subscribing, you agree to:

  • Pay all applicable fees at the rates in effect when charges are incurred
  • Provide valid payment information and authorize recurring charges
  • Subscriptions automatically renew unless cancelled before the renewal date
  • Cancellation takes effect at the end of the current billing period
  • No refunds are provided for partial billing periods
  • We may change pricing with 30 days advance notice

Payments are processed securely through Stripe. We do not store your full payment card information on our servers.

8. Prohibited Conduct

You agree not to:

  • Violate any applicable laws, regulations, or third-party rights
  • Post false, misleading, fraudulent, or deceptive content
  • Harass, abuse, threaten, or discriminate against other users
  • Impersonate any person or entity
  • Use the Service for any illegal purpose, including money laundering
  • Attempt to gain unauthorized access to our systems or other users' accounts
  • Use automated systems, bots, or scrapers to collect data
  • Interfere with or disrupt the Service or servers
  • Circumvent any security measures or access restrictions
  • Send spam, unsolicited communications, or chain letters
  • Upload viruses, malware, or other harmful code
  • Engage in any activity that could damage our reputation or business

9. Intellectual Property

9.1 Our Intellectual Property

The Service, including its design, features, content, and technology, is owned by SellAndBuys and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written permission.

9.2 DMCA Compliance

We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA). If you believe content on our platform infringes your copyright, please send a DMCA takedown notice to our designated agent at [email protected]. We will respond to valid notices and may terminate accounts of repeat infringers.

10. Disclaimer of Warranties

IMPORTANT - PLEASE READ CAREFULLY:

THE SERVICE IS 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, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (B) PROPERTY LISTINGS ARE ACCURATE, COMPLETE, OR RELIABLE; (C) ANY TRANSACTION WILL BE COMPLETED; (D) OTHER USERS ARE TRUSTWORTHY OR WILL FULFILL THEIR OBLIGATIONS; OR (E) THE SERVICE WILL MEET YOUR REQUIREMENTS.

USERS ARE SOLELY RESPONSIBLE FOR CONDUCTING THEIR OWN DUE DILIGENCE ON ALL PROPERTIES AND TRANSACTIONS. WE STRONGLY RECOMMEND ENGAGING LICENSED REAL ESTATE PROFESSIONALS, ATTORNEYS, AND INSPECTORS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SELLANDBUYS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM:

  • Your use of or inability to use the Service
  • Any content or information obtained through the Service
  • Any transactions or dealings with other users
  • Unauthorized access to your account or data
  • Errors, inaccuracies, or omissions in listings
  • Any third-party conduct or content

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

12. Indemnification

You agree to indemnify, defend, and hold harmless SellAndBuys, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any rights of another party; (d) your content or listings; or (e) any transaction you enter into through the Service.

13. Dispute Resolution

13.1 Informal Resolution

Before filing any formal dispute, you agree to contact us at [email protected] to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 30 days.

13.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in [State], and judgment on the award may be entered in any court of competent jurisdiction.

13.3 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.

14. Termination

We reserve the right to suspend or terminate your account and access to the Service at any time, with or without cause, with or without notice. Upon termination, your right to use the Service immediately ceases. Provisions that by their nature should survive termination shall survive, including ownership, warranty disclaimers, indemnification, and limitations of liability.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the federal or state courts located in [State].

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and SellAndBuys regarding the Service and supersede all prior agreements and understandings.

18. Contact Information

If you have any questions about these Terms of Service, please contact us:

  • Email: [email protected]
  • Phone: (555) 123-4567
  • Mail: SellAndBuys Legal Department, [Address]