Terms of Service

These Website Terms of Use ("Terms of Use") apply to the websites of PropertyBacker.com, Inc. (“PropertyBacker.com”) and its affiliates and subsidiaries, as well as any other website where these Terms of Use are posted ("Websites"). In addition to the Websites, these Terms of Use also govern all PropertyBacker.com tools, documents, applications, and other services. Collectively, these are referred to as "Services."

Please read this document carefully, as it constitutes a legally binding agreement between you and your representatives (collectively, "you") and PropertyBacker.com (together with its affiliates and subsidiaries, "we," "our," "us," or "the Company").

Use of Our Service

PropertyBacker.com exists to help home buyers and sellers connect with the best resources, professionals, and tools to achieve their real estate goals. We utilize data to match you with our trusted partners. The services we provide to both consumers and professionals are governed by the following terms.

If you do not agree with these terms, we ask that you leave this website and refrain from using our services. By continuing to use this website, you acknowledge and agree to be bound by these Terms of Service ("Agreement").

PropertyBacker.com, Inc. operates in full compliance with all applicable state and federal housing laws.

Terms for Real Estate Professionals

Real estate professionals who use our website must agree to the following:

• You grant PropertyBacker.com permission to display information related to real estate transactions you have managed, whether gathered by us or supplied by you. This information helps our customers assess your expertise.
• You are responsible for maintaining your real estate license and complying with all relevant real estate laws. Additionally, you agree to indemnify, defend, and hold PropertyBacker.com harmless from any claims, costs, or damages arising from client disputes related to your brokerage services.
• Creating a profile on PropertyBacker.com is free. However, if you accept referrals from us, you agree to pay a Referral Fee, which will be a percentage of the gross commission earned.
• You agree to be contacted by PropertyBacker.com and its referrals via phone, email, mail, or other reasonable methods. You further agree not to share these referrals with any third party without our written consent.
• You may initiate or receive calls with PropertyBacker.com representatives or referrals. These calls may be recorded for quality assurance purposes. By using our services, you acknowledge and consent to call recording.
• You are responsible for ensuring that all information you provide is accurate and up to date. If inaccuracies are found, we reserve the right to correct them. You also grant us permission to display your information—including name, likeness, contact details, and transaction history—on our website and communications with clients.
• We may share your information or introduce you to our partners, including real estate service organizations. By submitting your information to us, you authorize us to use it to facilitate these introductions. You also consent to being contacted by us and our partners via phone, email, or mail.
• You acknowledge that PropertyBacker.com may receive payment in the form of a Lead or Referral Fee from our partners. You will not be charged directly for this service, as any fees are based on separate agreements between PropertyBacker.com and the involved institution. Your use of our services constitutes acceptance of this compensation arrangement.
• Your participation in our services is voluntary and can be terminated by either party at any time. However, any referrals made before termination remain subject to any existing agreement between you and PropertyBacker.com.
• We reserve the right to modify our services, terms, or pricing at any time.

Terms for Buyers and Sellers

All non-real estate professionals who use our website must agree to the following terms:

• You must be at least 18 years old to use the Services.
• We may introduce you to our partners, including real estate agents or other service organizations. By submitting information to PropertyBacker.com, you authorize us to use and provide this information to facilitate introductions. You consent to being contacted by us and by our partners via phone, email, mail, or other reasonable means.
• We reserve the right to suspend or terminate access for anyone who provides inaccurate or misleading information.
• YOU UNDERSTAND THAT WHILE WE MAY MAKE INTRODUCTIONS TO THIRD-PARTY REAL ESTATE PROFESSIONALS, PROPERTYBACKER.COM IS NOT YOUR AGENT, DOES NOT REPRESENT YOU, AND WILL NOT BE PERFORMING ANY REAL ESTATE BROKERAGE SERVICES ON YOUR BEHALF BEYOND INTRODUCING YOU TO REAL ESTATE PROFESSIONALS.
• You understand that for our services, we may receive payment (a Referral Fee) which could be a percentage of the commission earned by the professionals involved in the real estate transaction. There is no charge to you. Any payment is due based on a separate agreement between us and the professional involved. Your use of our services acknowledges and agrees to this compensation arrangement.
• Your participation in our services is voluntary and can be terminated by either party for any reason at any time with written notice. However, any referrals made prior to termination are still governed by the agreement we may have with an associated real estate professional. Additionally, your ongoing engagement with our products and services will be interpreted as reaffirmation of your desire to continue your business relationship with PropertyBacker.com.
• You agree that we may modify the services provided or these Terms of Service at any time. We will notify you in advance of any significant changes to our services, and you agree that your continued use of our services after the notice period signifies your acceptance of the new terms, and any subsequent services will be governed by those terms.
• You may initiate or receive a call from a PropertyBacker.com representative or one of our agent partners through one of our tracked phone numbers. If you do so, we may create a digital audio recording of the call. You acknowledge and agree that your phone call may be recorded for quality assurance purposes only.

Additional Terms

Intellectual Property

All parts of the Services, including the selection, compilation, arrangement, and presentation of all materials on the Websites, tools, and applications, are copyrighted by us or our licensors and content suppliers, and are protected by U.S. and international laws. You agree to comply with all applicable copyright laws, as well as copyright notices or restrictions posted on the Services, and you acknowledge that use of any content of the Services without our express prior written permission is strictly prohibited. You may not use any of our trademarks, trade names, service marks, copyrights, or logos in any way that creates the impression that such items belong to or are associated with you unless you have our written consent. You acknowledge that you have no ownership rights in or to any of these items.

Copyright

The content on the Services is copyrighted. You may use the content, but you may not alter it or change any copyright notices without our permission. You may not use your web design skills to frame our Websites and present them as your own. Additionally, you cannot link to our Websites from sites containing content we would consider objectionable.

Reporting Copyright Infringement

We have adopted and reasonably implemented a policy for terminating subscribers and account holders who are repeat copyright infringers. If you believe your copyright or the copyright of someone you represent has been infringed, you may submit a written DMCA Notice of Alleged Infringement ("Notice") to our Copyright Agent. Your written Notice must include the following:

• Identification of the copyrighted work that you claim has been infringed, or a representative list if multiple works are covered.
• Identification of the material that you claim is infringing, including sufficient information (e.g., the URL) to locate the material.
• Your contact information: mailing address, phone number, and email address (if available).
• Statements:
  • "I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
  • "The information in this Notice is accurate and, under penalty of perjury, I affirm that I am the owner or authorized to act on behalf of the owner of the copyright or of an exclusive right under the copyright that is allegedly infringed."
• Your full legal name and your signature (electronic or physical).

Please deliver this Notice, fully completed, to our Copyright Agent:

PropertyBacker.com Copyright Agent
Privacy – Legal Department
[Placeholder – Address]
[Placeholder – Phone]
[Placeholder – Email]

Privacy Statement

Our use of your information is always governed by our Privacy Statement. This statement explains how we collect and use your information in connection with the Services and is incorporated into these Terms of Use. By using the Services, you consent to the collection and use of your information as outlined in the Privacy Statement.

Notices and Electronic Communications

We may send you notices regarding changes to the Terms of Use by email, regular mail, telephone, or communications through the Services. By using the Services, you consent to receiving communications from us electronically and through the methods mentioned above. When engaging in any telephone conversation with our agents or employees, you agree to allow us to record the call.

By providing your phone number, you agree to receive text Alerts and/or Event Notifications by text message from PropertyBacker.com to the number you provide (and confirm that you are the owner of that number). Your subscription allows us, as permitted by applicable law, to send you text messages with marketing content, alerts, and updates about selling methods and services you are interested in. These text messages may recur, and message and data rates may apply. You are not required to opt-in to receive these text messages as a condition of purchasing any property, goods, or services from PropertyBacker.com. You can cancel your subscription at any time by replying "STOP" to a text message from us or by calling 844-903-PROP (7767). You may request help by replying with "HELP" to a text message or calling us at 844-903-PROP (7767).

You also consent to us using an automatic telephone dialing system for phone calls and texts (if you opted-in for text message marketing). You may withdraw your consent at any time via reasonable means.

If your carrier is T-Mobile: T-Mobile is not liable for delayed or undelivered messages.

By engaging with our Services, you acknowledge that all notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements for written communication. You agree that you have the ability to store electronic communications so that they remain accessible in an unchanged form.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE." PROPERTYBACKER.COM AND ITS SUPPLIERS, LENDERS, AND PROFESSIONAL PARTNERS DISCLAIM ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND ANY SOFTWARE, PRODUCTS, OR SERVICES ASSOCIATED WITH IT. USE OF PROPERTYBACKER.COM’S SERVICES IS AT YOUR OWN RISK. WE AND OUR SUPPLIERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OUR SERVICES OR WEBSITE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROPERTYBACKER.COM OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. OUR CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100.

Dispute Resolution

Any disputes between you and PropertyBacker.com (or between you and one of our third-party agents) will be resolved through binding arbitration rather than court proceedings. All claims will be submitted to arbitration under the Comprehensive Arbitration Rules of JAMS. The arbitrator’s decision will be final and binding. Both parties agree to keep the proceedings confidential and waive the right to a jury trial.

Indemnification

You agree to indemnify and hold PropertyBacker.com and its affiliates harmless from any claims, costs, losses, and damages arising from a breach of these Terms of Service, Referral Agreements, or other agreements.

Governing Law

These Terms of Service are governed by the laws of California. Any action not subject to arbitration arising from or related to these Terms of Service will be filed only in the state or federal courts located in Orange County, California.

Assignment and Severability

PropertyBacker.com may assign its rights and obligations under these Terms of Service. If any part of this agreement is found to be unenforceable, the remainder will remain in full effect.

Changes to Terms

PropertyBacker.com reserves the right to modify these Terms of Service at any time. By continuing to use our services after changes are made, you agree to be bound by the updated terms. The most recent version of this agreement will be posted on the website.

Last Updated:26/02/2025