TMTerms and Conditions of Use
and Non-Representational Brokerage Services Agreement
Tennessee Firm License No. 267134 · Principal Broker Kayla Brown, License No. 339134
2509 Cruzen St., Nashville, Tennessee 37211 · 615-208-3390 · info@buyunrepped.com
Updated: August 27, 2026
PLEASE READ THESE TERMS AND CONDITIONS OF USE (THESE “TERMS”) CAREFULLY. BY SETTING UP A USER ACCOUNT WITH US, OR BY ACCESSING, BROWSING, OR OTHERWISE USING OUR WEBSITE, CONTENT, OR SERVICES (ALL DEFINED BELOW), YOU ACCEPT AND AGREE TO BE BOUND TO COMPLY WITH THESE TERMS AND OUR PRIVACY POLICY (LINKED BELOW). IF YOU DO NOT AGREE TO BE BOUND, YOU ARE PROHIBITED FROM ANY AND ALL USE OF OUR WEBSITE, CONTENT, AND SERVICES THAT WOULD HAVE OTHERWISE BEEN PERMITTED UNDER THESE TERMS AND THE PRIVACY POLICY.
THIS DOCUMENT HAS TWO LAYERS. SECTIONS 1 THROUGH 4 AND 7 THROUGH 34 GOVERN YOUR USE OF OUR WEBSITE AND APPLICATION AND APPLY TO EVERY VISITOR. SECTIONS 5 AND 6, TOGETHER WITH THE TRANSACTION SCHEDULE YOU SIGN, ARE YOUR BROKERAGE SERVICES AGREEMENT WITH BUYUNREPPED (THE “ENGAGEMENT TERMS”) AND APPLY ONLY ONCE YOU SIGN.
BUYUNREPPED IS NOT YOUR AGENT AND DOES NOT REPRESENT YOU. BuyUnrepped acts only as a facilitator under Tenn. Code Ann. § 62-13-102(9)(A). A facilitator may advise you but is not your representative or advocate. See Section 5.E.
BROKERAGE FEES AND COMMISSIONS ARE NOT SET BY LAW AND ARE FULLY NEGOTIABLE. The Flat Fee stated in your Transaction Schedule was negotiated between you and BuyUnrepped. It is not fixed by any statute, regulation, multiple listing service, or trade association. See Section 6.
BUYUNREPPED WILL NOT RECEIVE COMPENSATION FOR BROKERAGE SERVICES FROM ANY SOURCE THAT EXCEEDS THE FLAT FEE STATED IN YOUR TRANSACTION SCHEDULE. See Section 6.
THIS IS NOT AN EXCLUSIVE AGREEMENT. You remain free to work with any other real estate licensee, or with none, at any time. See Section 5.H.
1. Acceptance of the Terms
These Terms form a legally binding agreement between you and BuyUnrepped, Inc. (“BuyUnrepped”, “we” or “us”), a Tennessee real estate firm licensed by the Tennessee Real Estate Commission (Firm License No. 267134), governing the use of our website at www.buyunrepped.com and our application at app.buyunrepped.com (or as updated by BuyUnrepped from time to time) or social media or mobile applications (the “Website”), of “Content,” which refers to any content generated by BuyUnrepped or by others for BuyUnrepped products or services, such as “User Submissions” (defined below), and of “Services,” which are the services created, planned, implemented, or operated by BuyUnrepped, such as apps, plugins, executables, or other software or hardware or other products provided, installed, created, or operated by or on behalf of BuyUnrepped (the “Service(s)”).
You represent and warrant that: (i) you are at least 18 years of age; or (ii) as parent or guardian, you agree to these Terms and the Privacy Policy (linked below) and you are responsible for the use of the Website, Content, or Services by any minor who is in your household or under your care or supervision.
If you are using or opening an account on behalf of a company, entity or organization, then you represent and warrant that you: (i) are an authorized representative of that entity with the authority to bind such entity to these Terms and (ii) agree to be bound by these Terms on behalf of such entity.
Before BuyUnrepped performs any brokerage service for you, you will complete and sign a Transaction Schedule within the BuyUnrepped application (your “Transaction Schedule”). It identifies you, the property, the services you purchased, the Flat Fee, and the effective date, and it incorporates the Engagement Terms as they read when you sign. Your signed Transaction Schedule is your brokerage services agreement with BuyUnrepped and is the written buyer agreement described in Section 5.D. You may sign it electronically. See Section 34.
2. Modifications to these Terms
These Terms may be changed, modified, amended, supplemented, or otherwise updated from time to time by BuyUnrepped without advance notice to you. By continuing to access, browse, or otherwise use the Website, Content, or Services, you are bound by any such updated Terms. BuyUnrepped, in its sole discretion, has the option, but not the obligation, to provide notice of any update to these Terms by means of a conspicuous alert, banner, or notification displayed on the Website or within the Services or by sending an email to the email address provided to BuyUnrepped.
This Section 2 does not apply to the Engagement Terms. Once you sign a Transaction Schedule, the Engagement Terms and the Transaction Schedule in effect on the date you signed continue to govern that transaction until it closes or terminates, and BuyUnrepped cannot change them for that transaction except by a written amendment signed by both you and BuyUnrepped. No update BuyUnrepped makes to these Terms alters the services you purchased, the Flat Fee, the compensation cap in Section 6, BuyUnrepped’s facilitator status, or any other Engagement Term for a transaction already under a signed Transaction Schedule.
3. License Grant and Limitations
Subject to your compliance with these Terms, BuyUnrepped hereby grants you a non-transferable, non-sublicensable, non-assignable, revocable license in BuyUnrepped’s rights in the Website, Content, and Services, to access and use them solely for your own personal use in connection with real estate transactions facilitated through the Services, and not for resale, redistribution, or use in any competing product or service.
Except to the extent you are expressly granted other or additional rights in another written agreement signed by BuyUnrepped, the license granted herein excludes, and BuyUnrepped prohibits you from using BuyUnrepped’s rights for, downloading (other than through page caching), copying, reproducing, extracting content or data from (including through data mining, web crawling, or other techniques), or modifying the Website, Content, or Services, or selling, reselling, or commercially reusing (including via any time-sharing, service bureau, or similar method), or creating any derivative works of the Website, Content, or Services. You are prohibited from, and BuyUnrepped does not grant you any rights to frame or use framing techniques on the Website, Content, or Services to enclose any trademark, logo, or other proprietary information that identifies BuyUnrepped or any third party, without the prior written consent of BuyUnrepped or, if applicable, the third-party owner of the trademark, logo, or other proprietary information.
BuyUnrepped reserves all rights and remedies available under contract or Applicable Law. BuyUnrepped does not grant you and BuyUnrepped disclaims all implied rights, to the extent permitted under Applicable Laws. “Applicable Laws” means any local, state, national, and international laws and regulations that apply, according to their provisions, to your activities with or use of the Website, Content, or Services.
A. General
In connection with your use of the Website, Content, or Services, you agree and acknowledge that BuyUnrepped prohibits you from doing or from enabling or advising any other person or entity to engage in:
- Uploading any message, information, data, text, software, or images, including, without limitation, any User Submission (as defined below), that is false, misleading, untruthful, inaccurate, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
- Creating a false identity for the purpose of misleading others or impersonating any person or entity, including, without limitation, any BuyUnrepped representative, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- Uploading or transmitting any User Submission, or other material or information, that you are prohibited from or limited in reproducing, displaying, or transmitting under any law, or under any contractual or fiduciary relationship (such as information that has been confidentially disclosed to you);
- Uploading or transmitting any files or materials, including, without limitation, any User Submission, that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of the Website, Content, Services, another’s computer system, data, or property of another;
- Deleting any author attributions, legal notices, or proprietary designations or labels that you upload to any communication feature;
- Violating any Applicable Laws;
- Uploading or transmitting any User Submission or other material that infringes or misappropriates the intellectual property rights of BuyUnrepped or another person or entity;
- Uploading or transmitting any User Submission or other material that constitutes unauthorized or unsolicited advertising, junk, Maillist, Listserve, or any form of auto-responder or bulk e-mail (“spamming”), or that involves commercial activities and/or sales without BuyUnrepped’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- Deleting or revising any information or material posted by another;
- Manipulating or displaying the Website or Content, by using framing, mirroring, or similar navigational technology, or directly linking any site or social media platform to any subdomain of the Website or social media platform or site where the Content is posted online or published;
- Probing, scanning, or testing the vulnerability of or breaching any authentication measures of the Website, Content, or Services, or in any related networks or systems;
- Registering, subscribing, or unsubscribing, or attempting to do any of the foregoing, any persons or entities who are otherwise licensed by BuyUnrepped to use the Website, Content, or Services, without BuyUnrepped receiving from you in advance a written authorization for you to do so from such persons or entities;
- Harvesting or otherwise collecting information about others, including e-mail addresses or other information that is “Personally Identifiable Information” or “PII” or the equivalent under Applicable Law, or that otherwise identifies a person or entity or their location, and as further prohibited or limited with respect to User Submission;
- Using any robot, spider, scraper, or other automated or manual means to access, browse or otherwise use this Website or Services, or copy any of them;
- Reverse engineering, decompiling, or otherwise attempting to derive the source code, techniques, processes, algorithms, know-how or other information from executable code portions of software in the Website or Services (collectively, “Reverse Engineering”), when enforcement of this limitation is not prohibited by Applicable Law. If Applicable Law prohibits enforcement of the Reverse Engineering prohibition, you may engage in Reverse Engineering solely to obtain information necessary to achieve interoperability with any software that is otherwise licensed to you by BuyUnrepped, or as otherwise permitted by Applicable Law, but only if: (a) Reverse Engineering is strictly necessary to obtain such information: and (b) you first requested such information from BuyUnrepped, and BuyUnrepped failed to make such information available under reasonable terms; and
- Taking any action that imposes or may impose (as determined by BuyUnrepped in its sole discretion) an unreasonable or disproportionately large load on BuyUnrepped’s (or its third party providers’) infrastructure;
- Interfering or attempting to interfere with the proper working of the Service or any activities conducted on the Service;
- Using any of BuyUnrepped’s proprietary rights in the Website, Services, or Content to create, develop, or implement any new technology or services.
B. User Submissions
Subject to the BuyUnrepped Privacy Policy, any communication or material that you transmit to the Website or to us, whether by email or other means, for any reason, will be treated as non-confidential and non-proprietary user generated content (“User Submission”); provided, however, that Transaction Information and Licensed Content shall be treated as confidential and shall be subject to the confidentiality obligations set forth in Section 11 of these Terms and our Privacy Policy. “Transaction Information” means offer price, contingencies, closing terms, financing details, motivation, negotiating position, and any other information that BuyUnrepped is required to maintain as confidential under Applicable Law, including Tenn. Code Ann. § 62-13-403(3). Consistent with that statute, BuyUnrepped’s duty of confidentiality as to Transaction Information survives the closing of your transaction.
While you retain all ownership rights to the User Submission, you hereby grant to BuyUnrepped an irrevocable, perpetual, fully paid up, world-wide, royalty-free, right to use, reproduce, edit, alter, display, transmit, prepare derivative works of, modify, publish, and otherwise fully exploit any User Submission for any purpose related to the Services or BuyUnrepped’s business operations (including anonymized and aggregated analytics and reporting), including, without limitation, for the development, diagnosis, and improvement of the Website, the Services, or any other products and/or services hereinafter developed by BuyUnrepped without compensation to you; provided, however, that the foregoing license shall not apply to (i) Transaction Information or (ii) Licensed Content.
By posting any User Submission, you represent and warrant that you own or otherwise fully control all rights to your User Submission, including, without limitation, all the rights necessary for you to provide, post, upload, input, or otherwise submit your User Submission.
“Licensed Content” means (a) any content consisting of or derived from forms, templates, or other materials licensed to BuyUnrepped by Tennessee REALTORS® or any other third-party forms licensor, and (b) any listing content, compilation, or other data made available to BuyUnrepped through its participation in a multiple listing service. BuyUnrepped’s use of Licensed Content contained in User Submissions is limited solely to facilitating the specific transaction for which such content was submitted. Neither BuyUnrepped nor any user may use Licensed Content to train, develop, test, or improve any software, model, or algorithm, or to create any derivative product or database.
BuyUnrepped has no obligation to monitor the Website, Service, Content, or User Submissions. However, BuyUnrepped reserves the right to (i) remove, edit or modify any Content in its sole discretion, including without limitation any User Submissions, from the Website or Service at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if BuyUnrepped is concerned that you may have violated these Terms), or for no reason at all and (ii) to remove or block any User Submissions from the Service.
C. Other Content Related Prohibitions and Limitations
In connection with your use of the Content, and without limiting any of the above prohibitions or limitations, you agree and acknowledge that BuyUnrepped further prohibits you from doing or from enabling or advising any other person or entity to engage in:
- Downloading, reproducing, preparing derivative works, distributing, or displaying any Content, except as set forth herein;
- Using Content in connection with defamatory or fraudulent content, or in connection with pornographic, unlawful, or illegal images or content, or any depictions of illegal activity whatsoever, whether directly or in context or by juxtaposition with other materials;
- Removing any proprietary or intellectual property markings or notices on any Content;
- Reproducing, redistributing, republishing, scraping, or compiling any Licensed Content, or using Licensed Content for any purpose other than your own real estate transaction conducted through the Services; and
- Violating, by bypassing or disregarding, other prohibitions, limitations, or restrictions in your Transaction Schedule or other agreement with BuyUnrepped or an authorized third-party content provider.
D. Violation and Disclosure of Information
BuyUnrepped reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of your access or your account. BuyUnrepped may cooperate with legal authorities or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by our privacy policy, currently located at www.buyunrepped.com/privacy and incorporated into these Terms by this reference (our “Privacy Policy”), and subject to Section 11 and Applicable Law, BuyUnrepped reserves the right at all times to disclose any information as BuyUnrepped deems necessary to satisfy Applicable Laws, or to edit, refuse to post or to remove any information or materials, in whole or in part, in BuyUnrepped’s sole discretion.
4. Access to Services and Your Account
To be allowed access and use of Services and any Content, you consent to being required to provide, and you will provide, certain personally identifiable information, the use of which is governed by our Privacy Policy. You represent and warrant that any information provided by you is accurate, current, and complete and will be kept accurate, current, and complete when using the Services. BuyUnrepped may suspend, revoke, or terminate your access to the Services for any reason or no reason at any time in BuyUnrepped’s sole discretion without prior notice to you. You must treat as confidential any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, and you are prohibited from disclosing it to any other person or entity.
You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that if you are provided an account, your account is personal to you, and you are prohibited from providing any other person or entity with access to the Services and Content or portions thereof using your username, password, or other security information. You will notify us immediately of any unauthorized access to or use of your username or password or any other breach of security that has occurred or that you likely suspect to have occurred. You are responsible for password misuse and any unauthorized access.
The security of your personal information is very important to BuyUnrepped. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on you. You are responsible for complying with these Terms and obtaining your own access to the Services and use of the Content. Unfortunately, the transmission of information is not completely secure, whether via the Internet, radio or wireless or other communication methods and systems. Although we do our best to protect your personal information, we cannot guarantee the security of personal information transmitted by you when using the Website, the Services, or any Content. Any transmission of personal information is at your own risk.
5. Your Relationships with Us and Third Parties & Service Limitations
A. Our Relationship with You — Facilitator Status
BuyUnrepped is a licensed Tennessee real estate firm. In every transaction conducted through the Services, BuyUnrepped acts as a facilitator, as that term is defined at Tenn. Code Ann. § 62-13-102(9)(A) — a licensee who assists one or more parties to a transaction who has not entered into a specific written agency agreement representing one or more of the parties. Under Tennessee law, a facilitator may advise either or both parties to a transaction but is not the representative or advocate of either party.
We do not represent you. We do not act as your buyer’s agent, do not negotiate on your behalf, and do not communicate with the listing broker, the listing agent, or the seller on your behalf. You control the property, the terms, and all communications with the listing side. No agency relationship arises between you and BuyUnrepped by conduct, by course of dealing, or by these Terms; under Tenn. Code Ann. § 62-13-405(c), an agency relationship can be created only by a separate specific written agency agreement, and these Terms are not such an agreement.
Although we do not represent you, we remain licensed real estate professionals and we owe every party to your transaction the duties Tennessee law requires for the services we provide, including the duties enumerated at Tenn. Code Ann. § 62-13-403: to diligently exercise reasonable skill and care, to disclose adverse facts of which we have actual notice or knowledge, to maintain confidentiality as described in Section 3.B and Section 11, to provide services with honesty and good faith, to timely account for funds, and to refrain from self-dealing and undisclosed referral arrangements. Those duties are not waived by these Terms.
We are not attorneys and are not providing legal advice, or any other professional advice, such as engineering advice, structural opinions or advice, home inspection advice, appraisal, advice about boundaries, codes, regulations, utilities, lending, tax, or title, or any other advice beyond that which would ordinarily be provided by a facilitator of real estate transactions. It is strongly recommended that you secure the advice and services of appropriately credentialed experts and professionals for advice about the foregoing and similar matters.
Comparative market analyses and broker price opinions provided through the Services are informational only. They are not appraisals, are not prepared in accordance with the Uniform Standards of Professional Appraisal Practice, and do not guarantee value, offer acceptance, loan approval, or any appraisal outcome. They are provided in the ordinary course of BuyUnrepped’s brokerage business as an opinion as to a recommended purchase price and are exempt from the licensing requirements of Tennessee’s appraiser statutes under Tenn. Code Ann. § 62-39-104(a). They may not be relied upon by any lender as a valuation for any federally related mortgage loan.
The specific services you have purchased are defined by your signed Services Agreement. As of the date of these Terms, BuyUnrepped offers the following:
(i) Offer Package. We assist you with property intake and address confirmation, onboarding disclosures, a guided offer questionnaire, preparation of your Tennessee offer documents from your answers, a strategy consultation, a comparative market analysis, a broker price opinion, and preparation of your offer packet for submission. You review, sign, and transmit the offer to the listing side yourself. We do not negotiate and we do not contact the listing side.
(ii) Transaction Guidance. After your offer is accepted and you have uploaded the fully executed purchase agreement, we set up your transaction dashboard and provide contract timeline tracking, key-date reminders, document organization, next-step guidance, and informational support through inspections, escrow, appraisal, and closing preparation. We do not negotiate repairs, price, or any other term on your behalf, and we do not coordinate or accompany you on any showing, inspection, walkthrough, or other onsite visit. You remain responsible for meeting every contractual deadline. Reminders are a convenience and not a guarantee; BuyUnrepped is not responsible if you miss a deadline.
(iii) Offer and Transaction Bundle. The Offer Package and Transaction Guidance purchased together in a single payment, with coordination beginning when you are under contract.
You are preapproved for financing, if applicable, or acknowledge that you are proceeding without preapproval at your own risk. You remain responsible for reviewing your documents, deciding whether to proceed, meeting contractual deadlines, and obtaining advice from qualified professionals when needed.
B. Your Relationship with Listing Agents and Other Third Parties
Even though the listing agent does not represent you, he or she may owe you certain duties under Tennessee law. The following is a general summary only and does not constitute legal advice; you should consult an attorney for advice about your specific situation. Such duties may include the duty to diligently exercise reasonable skill and care in providing services to all parties; to disclose adverse facts of which the licensee has actual notice or knowledge; to maintain the confidentiality of certain information; to provide services with honesty and good faith; to disclose accurate information about market conditions in certain circumstances; to timely account to you for earnest money and other property received; and to refrain from self-dealing without prior disclosure of the interest and the timely written consent of all parties to the transaction. However, keep in mind that, at the end of the day, the listing agent represents the seller, not you.
C. Fair Housing and Equal Opportunity
BuyUnrepped is committed to the letter and spirit of the federal Fair Housing Act and all applicable federal, state, and local fair housing laws. We do not discriminate, and we will not knowingly assist anyone in discriminating, against any person because of race, color, religion, sex, disability, familial status, national origin, or any other characteristic protected by applicable law. All housing services offered through BuyUnrepped are available on an equal opportunity basis.
Any market, neighborhood, school, or other information referenced on our Website or provided during a transaction is general, publicly available information offered for your independent review only. We do not steer buyers toward or away from any property or area on the basis of a protected characteristic, and we do not evaluate, rank, or recommend communities on that basis. We encourage every buyer to make an independent evaluation of any property and community, including verifying school assignments directly with the applicable school district and reviewing objective, publicly available data.
D. MLS Participation, Written Buyer Agreements, and Showings
BuyUnrepped is a member of Tennessee REALTORS® and a participant in one or more multiple listing services. In addition to Tennessee law, BuyUnrepped is subject to the rules of each multiple listing service in which it participates and to the policies of the National Association of REALTORS®.
BuyUnrepped does not arrange, host, schedule, or accompany property showings, and does not tour properties with buyers. The Services are designed for buyers who have already identified and viewed the property they wish to pursue. If you wish to view a property, you must arrange access directly with the listing broker or engage a licensee of your choosing to do so.
Where the rules of a multiple listing service or the policies of the National Association of REALTORS® require a written agreement between a participant and a buyer before the buyer tours a home, that requirement is satisfied by the Engagement Terms together with your signed Transaction Schedule. Sections 6.1 through 6.3 state BuyUnrepped’s compensation as a specific dollar amount, confirm that compensation is negotiable and not set by law, and cap BuyUnrepped’s compensation from all sources, as those rules require. Sections 1 through 4 and 7 through 34 of these Terms are website terms of use and are not themselves a buyer agreement.You represent that you identified and viewed the property on your own or through arrangements you made independently, and that BuyUnrepped did not arrange, schedule, or attend any showing of it.Compensation is not set by law and is not set by any multiple listing service. All compensation is fully negotiable. BuyUnrepped’s compensation for your transaction is the flat fee stated in your Transaction Schedule, and BuyUnrepped will not seek, accept, or receive compensation from any source — including any seller, listing broker, or concession — in an amount exceeding the fee stated in that agreement.
E. Facilitator Status — Written Confirmation Under Tenn. Code Ann. § 62-13-405(b)
This Section 5.E, which you confirm when you sign your Transaction Schedule, is the written confirmation of BuyUnrepped’s status required by Tenn. Code Ann. § 62-13-405(b). You sign it before BuyUnrepped prepares any offer to purchase.
Tennessee law defines a “facilitator” as a licensee who assists one or more parties to a transaction who has not entered into a specific written agency agreement representing one or more of the parties. Tenn. Code Ann. § 62-13-102(9)(A). That is BuyUnrepped’s role. The same provision states that a facilitator may advise either or both parties to a transaction but cannot be considered a representative or advocate of either party.
BuyUnrepped does not represent you. BuyUnrepped is not your buyer’s agent, does not act as your advocate, does not negotiate on your behalf, and does not communicate with the seller, the listing broker, or the listing agent on your behalf. You control the property, the price, the terms, and all communications with the listing side.
You acknowledge that BuyUnrepped disclosed its facilitator status to you before providing any real estate service to you, as required by Tenn. Code Ann. § 62-13-405(a), and that the Engagement Terms confirm that disclosure in writing.
F. This Is Not an Exclusive Buyer Representation Agreement
BuyUnrepped is not engaged to represent you in the purchase of a property to the exclusion of all other licensees. The Engagement Terms are therefore not an exclusive buyer representation agreement within the meaning of Tenn. Comp. R. & Regs. 1260-02-.36, and the pre-execution disclosures that rule prescribes for such agreements do not apply and are not made here. Contrary to what an exclusive representation agreement would provide: you may contact listing agents directly; you should not tell any other licensee that you are represented by BuyUnrepped, because you are not; and you owe BuyUnrepped no commission if you purchase a property without BuyUnrepped’s assistance.
G. Services Expressly Not Included
BuyUnrepped will not: (a) represent you or act as your agent or advocate; (b) negotiate price, repairs, closing costs, or any other term on your behalf; (c) communicate with the seller, the listing broker, or the listing agent on your behalf, or transmit your offer for you; (d) arrange, schedule, host, or accompany any showing, tour, open house, inspection, walkthrough, appraisal visit, or other onsite visit; (e) provide legal, tax, engineering, structural, title, survey, insurance, environmental, lending, or home inspection advice, or any professional advice beyond what a facilitator of real estate transactions would ordinarily provide; (f) hold, receive, deposit, or disburse earnest money or any other trust funds; or (g) guarantee that your offer will be accepted, that financing or appraisal will come in, or that your transaction will close.
BuyUnrepped does not hold, receive, deposit, or disburse earnest money. Your earnest money will be held by the listing brokerage, title company, or other escrow agent named in your purchase agreement. Never send earnest money or any other funds to BuyUnrepped. If you receive wire instructions purporting to come from BuyUnrepped, do not act on them; call 615-208-3390 to verify.
H. Term, Termination, and Non-Exclusivity
The Engagement Terms begin on the effective date stated in your Transaction Schedule and end at 11:59 p.m. Central time on the earliest of: (i) the closing of your purchase; (ii) sixty (60) days after termination of a purchase agreement without a replacement agreement; (iii) the outside date stated in your Transaction Schedule; or (iv) termination under this Section. You may terminate at any time, for any reason, by written notice to info@buyunrepped.com. BuyUnrepped may terminate at any time by written notice to you. Section 6 governs any refund or credit on termination. No termination fee, cancellation fee, or reimbursement of costs is owed by you.
The Engagement Terms are non-exclusive. You may engage any other real estate licensee, at any time, on any terms, for any property. You may also deal directly with a seller or listing agent, or proceed with no licensee at all. If you purchase any property through another licensee, directly from a seller, or without any licensee, you owe BuyUnrepped nothing beyond the Flat Fee for services already delivered, determined under Section 6. There is no protection period, no continuation clause, and no post-termination commission claim.
If you are currently a party to a buyer representation agreement with another broker, tell BuyUnrepped before proceeding. Purchasing services from BuyUnrepped while an exclusive representation agreement is in force with another broker may expose you to a claim by that broker, and BuyUnrepped cannot advise you about that agreement.
I. If Another BuyUnrepped Customer Pursues the Same Property
BuyUnrepped serves many buyers, and another BuyUnrepped customer may pursue the same property you are pursuing. If BuyUnrepped becomes aware of that, BuyUnrepped will promptly notify you that another customer is involved, without identifying that customer. BuyUnrepped will not disclose either buyer’s Transaction Information to the other, will not advise either buyer on how to outbid the other, and will not favor one buyer over the other in the delivery of services. Either buyer may terminate under Section 5.H without penalty.
J. Your Acknowledgments and Responsibilities
Your decisions are your own. You are responsible for deciding what property to pursue, what price and terms to offer, whether to accept a counteroffer, whether to proceed after inspection, and whether to close. BuyUnrepped’s advice, documents, comparative market analyses, and broker price opinions are information for your use, not recommendations you must follow, and not a substitute for your own judgment or professional advice.
Deadlines are your responsibility. Once you are under contract, the purchase agreement imposes deadlines on you. Reminders BuyUnrepped provides are a convenience and not a guarantee. BuyUnrepped is not responsible if you miss a contractual deadline, and missing one can cost you your earnest money or your right to terminate.
Seller disclosures are not warranties. Tennessee’s Residential Property Disclosure Act, Tenn. Code Ann. § 66-5-201 et seq., governs what a seller must disclose. A seller disclosure is not a warranty and is not a substitute for an inspection. You are strongly encouraged to obtain your own independent inspections.
Your information must be accurate. BuyUnrepped prepares your offer documents from what you tell it. Errors in your answers will carry into your documents. You will provide accurate and complete information and promptly update it.
6. Fees; Cancellation and Refunds
Fees may be subject to tax and may be collected by us or by a third party through which you transact. BuyUnrepped’s standard fees are: Offer Package, $1,495; Transaction Guidance, $2,495; and the Offer and Transaction Bundle, $3,490 in a single payment. BuyUnrepped may offer promotional or introductory pricing from time to time. The price shown at checkout is the price that applies to your purchase, and any comparison to a higher price refers to the standard fee schedule stated in this Section 6. Other service fees, including consultation rescheduling fees, are as stated at the time of purchase and are nonrefundable once the service has been performed.
6.1 Flat Fee. BuyUnrepped’s total compensation for brokerage services in your transaction, from all sources, is the flat dollar amount stated as the “Flat Fee” in your Transaction Schedule. The Flat Fee is a fixed dollar amount. It is not a percentage, not a range, not a formula, and not contingent on what any seller or listing broker may offer.
6.2 Compensation is negotiable. BROKERAGE FEES AND COMMISSIONS ARE NOT SET BY LAW AND ARE FULLY NEGOTIABLE. Neither Tennessee law, nor any multiple listing service, nor the National Association of REALTORS®, nor Tennessee REALTORS® sets or controls what BuyUnrepped charges. You were free to negotiate the Flat Fee, to decline these services, and to engage any other licensee on any terms you could agree to.
6.3 Cap on compensation from all sources. BuyUnrepped will not receive compensation for brokerage services from any source — including you, the seller, the listing broker, any other broker, or any concession — in an amount that exceeds the Flat Fee.
BuyUnrepped will not solicit or request compensation from the seller or the listing broker. If a seller or listing broker nevertheless offers compensation to BuyUnrepped in connection with your purchase, BuyUnrepped will disclose the offer to you in writing and will apply it as follows: the amount will first reduce the Flat Fee you owe, dollar for dollar; and any remainder will be credited or paid to you at closing. In no event will BuyUnrepped retain an amount that would cause its total compensation to exceed the Flat Fee. BuyUnrepped will not accept a larger amount unless you and BuyUnrepped first sign an amendment raising the Flat Fee.
A seller concession paid to you or applied to your closing costs, prepaid items, or purchase price is not compensation to BuyUnrepped and is not limited by this Section. You may negotiate and accept seller concessions in any amount.
6.4 When the Flat Fee is earned. The Flat Fee is payable at the time of purchase and is earned as services are delivered, as reflected in the refund and credit terms below. It is not contingent on closing.
Except as expressly provided in this Section 6, fees are non-refundable. To request cancellation of a paid service, contact us at info@buyunrepped.com.
You may cancel and receive a full refund at any time before your broker price opinion is published. After the broker price opinion is published, the Offer Package fee is nonrefundable.
Transaction Guidance is not refunded in cash. If your transaction ends before closing, you will receive an account credit calculated on the amount you actually paid for Transaction Guidance, according to the following bands, after you upload your termination document or signed earnest money release and we confirm it:
- 100% — your offer was rejected or cancelled, or was accepted but the transaction was never onboarded;
- 75% — the transaction was onboarded but ended before substantial coordination was delivered;
- 50% — inspections were coordinated, but the transaction ended before the repair/amendment period began; and
- 20% — the repair/amendment period was underway or the transaction progressed further.
Account credits are a spendable balance toward a future offer, transaction, or bundle, and expire twenty-four (24) months after issuance. Offer and Transaction Bundle: unused bundle inclusions (an additional offer or a restart) are not refundable and are not convertible to account credit. If you hold an unused bundle restart, that restart supersedes the credit bands above for that termination.
7. Termination; Modifications
The Services, Content, plan, and any features, information, or content available therein, may be changed, canceled, withdrawn, or terminated at any time in BuyUnrepped’s sole discretion without notice to you, subject to Section 6 and to any Transaction Schedule then in effect. Except as provided in Section 6 shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
Additionally, we reserve the right to accept, refuse, or restrict your use of any plan or Service, or change your plan or Service based on your qualification for a specific plan or Service, in our discretion, applied consistently with Section 5.C. You may not transfer or assign your plan or Service benefits, or any Content you access. We may take actions we deem reasonably necessary to prevent fraud and abuse, including placing restrictions on all or a subset of the users on your account or on the amount of Content that can be accessed at any one time.
8. Links to Third-Party Sites
The Website, Content, and Services may contain links to certain third-party media platforms or other sites. These sites are not under the control of BuyUnrepped. In addition, third-party sites may contain links to our Website or Content. BuyUnrepped is not responsible for or liable for, and makes no representations or warranties concerning, the content or material or other information streamed or posted at such third-party sites. The fact that the Website or Content links to any third-party site, or that a third-party site has provided a link to this Website or Content, does not constitute an endorsement, authorization, sponsorship, or affiliation between BuyUnrepped and such third-party site’s owners, operators, or maintainers. You acknowledge that any services, content, material, or information provided through such third-party sites are accessed at your own risk. BuyUnrepped is not responsible for, and BuyUnrepped is not liable for, and BuyUnrepped makes none and disclaims any and all representations and warranties with respect to any particular information, software, products, services, or content found on any linked third-party sites, including, without limitation, the appropriateness of any products, services, or transactions described therein.
Any list of service providers, vendors, lenders, title companies, inspectors, or other professionals made available through the Website or the Services is provided for your convenience only. You are free to select any provider you choose, and use of any listed provider is never required as a condition of any service BuyUnrepped provides. BuyUnrepped discloses whether it has any interest in, or may receive any fee or other compensation from, any provider it identifies to you, as required by Tenn. Code Ann. § 62-13-403(7)(B).
BuyUnrepped receives no fee, commission, referral payment, marketing payment, per-lead payment, or other thing of value from any lender, title company, home inspector, home warranty provider, insurer, contractor, or other settlement service provider in connection with any introduction, list, or recommendation BuyUnrepped provides to you.
9. No Reliance
The content provided through the Website, Content, and Services is for general informational and educational purposes only. Although we make reasonable efforts to update the information available therein, we make no representations, warranties, or guarantees, whether express or implied, that such content is accurate, complete, or up to date. Your use of the Website, Content, and Services is at your own risk and, except as provided in Section 16, neither BuyUnrepped, nor its directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for such use.
The Website, Content, and Services may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by BuyUnrepped, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of BuyUnrepped. Neither BuyUnrepped, nor its respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
10. Ownership
The Website, Services, and Content, including, but not limited to, all information, software, code, data, text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement are owned by BuyUnrepped, its licensors, or other providers of such material and are protected in all forms by intellectual property laws, including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. Nothing in this Section claims ownership of Licensed Content, which remains the property of its respective owner and is used by BuyUnrepped under license.
All trademarks, service marks, logos, product and service names, designs, images, and slogans appearing within the Website, Content, or Services are owned by BuyUnrepped or its affiliates or licensors. You are prohibited from using any such marks without the prior written permission of BuyUnrepped. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear within the Website, or on the Services or the Content, are the trademarks of their respective owners, including REALTOR® and Tennessee REALTORS®, which are marks of the National Association of REALTORS® and its affiliates and are used by BuyUnrepped as a member. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action. BuyUnrepped does not make any non-infringement representation or warranty, and disclaims all such representations and warranties, with respect to your use of the Website, any Content, or the Services, or the materials or other information therein or related thereto.
11. Confidentiality
BuyUnrepped will maintain the confidentiality of your Transaction Information as required by Tenn. Code Ann. § 62-13-403(3) and will not disclose it except with your authorization, as required by law or by the Tennessee Real Estate Broker License Act, or as necessary to perform the Services you have purchased. This duty survives the closing of your transaction and the termination of these Terms.
If you access the Website, Content, or Services in a business capacity — including as a real estate licensee, vendor, service provider, prospective partner, or prospective licensee of the BuyUnrepped model — and BuyUnrepped discloses to you information that is non-public and proprietary to BuyUnrepped (“Confidential Information”), you will maintain its confidentiality, will not publish or post it, and will use it only in connection with your permitted use of the Services, using at least the same degree of care you use with your own confidential information and in no event less than reasonable care. Confidential Information does not include information you can demonstrate with contemporaneous written records was publicly available before your receipt of it, or that becomes public through no fault of yours. If you are required to disclose Confidential Information by law, court order, or governmental agency, you may do so only to the extent required and after giving BuyUnrepped reasonable notice and an opportunity to contest or limit the disclosure to the extent reasonably practicable. Upon termination or BuyUnrepped’s request, you will return or destroy all Confidential Information. This paragraph does not restrict you from discussing your own transaction, your own information, your experience with BuyUnrepped, or any matter with a regulator or an attorney of your choosing.
12. Developments
This Section 12 applies only to users who access the Website, Content, or Services in a business capacity as described in Section 11, and does not apply to consumers purchasing services for their own home purchase.
BuyUnrepped does not grant any rights (and you hereby disclaim any such grant) to use BuyUnrepped’s Confidential Information or BuyUnrepped’s intellectual property in any manner beyond what is expressly set forth in these Terms. You are prohibited from carrying out any research and development activities that may lead to the disclosure to third parties of BuyUnrepped’s intellectual property that comprises either Confidential Information or proprietary know-how, in each case proprietary to BuyUnrepped and not generally known to the public. Should any new or improved technology, material, or process developed by or on behalf of you be related to methods and technology proprietary to BuyUnrepped, including its affiliates, in whole or in part, then you hereby grant to BuyUnrepped, at no cost, a non-exclusive, irrevocable, transferable license to such developments.
13. Third Party Platforms
BuyUnrepped may provide tools that enable you to link your account with third-party applications, websites, and other services to the Services and Content available to you as a user. If you do so, you may also be subject to the terms and conditions and privacy policy of that third-party service provider. BuyUnrepped is not responsible or liable for the behavior, content, or features of any third-party application, website, or service.
14. Disclaimers
EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND SUBJECT TO SECTION 5.A AND SECTION 16, THE WEBSITE, SERVICES, AND CONTENT ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “AS AVAILABLE” BASIS. BUYUNREPPED MAKES NO, AND HEREBY DISCLAIMS ANY, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE, SERVICES, AND CONTENT, AS WELL AS THE AVAILABILITY, FUNCTIONALITY, PERFORMANCE, LOSS OF DATA OR RESULTS OF USE OF THE WEBSITE, SERVICES, AND CONTENT. WITHOUT LIMITING THE FOREGOING, BUYUNREPPED EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE WEBSITE, SERVICES, OR CONTENT WILL BE ACCURATE, ERROR-FREE, OR UNINTERRUPTED. FURTHER, TO THE FULL EXTENT PERMISSIBLE BY LAW, BUYUNREPPED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR ARISING BY USAGE OF TRADE, NONINFRINGEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE. FURTHER, AND WITHOUT LIMITING THE FOREGOING, BUYUNREPPED MAKES NO REPRESENTATION OR WARRANTY, AND DISCLAIMS ANY REPRESENTATION OR WARRANTIES OF ANY KIND, THAT THE WEBSITE, CONTENT OR SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING APPS) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BUYUNREPPED WEBSITE, CONTENT OR SERVICES, BUYUNREPPED’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM BUYUNREPPED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NOTHING IN THIS SECTION 14 DISCLAIMS ANY DUTY BUYUNREPPED OWES AS A LICENSED TENNESSEE REAL ESTATE FIRM UNDER TENN. CODE ANN. § 62-13-403, WHICH CANNOT BE DISCLAIMED BY AGREEMENT.
15. Indemnification
To the maximum extent permitted by Applicable Law, you will defend, indemnify, and hold harmless BuyUnrepped, its subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any third-party claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms or your Transaction Schedule, including, but not limited to, actions under your account name, your violation of any Applicable Law or of any rights of another, your User Submission, third-party sites, and any use of Content other than as expressly authorized under these Terms. This indemnity does not apply to any claim to the extent it arises from BuyUnrepped’s own negligence, gross negligence, willful misconduct, or breach of its duties as a Tennessee real estate licensee. We reserve the right, at your expense, to assume the exclusive defense and control of any matter which you are required to indemnify against, and you agree to cooperate in our defense of such matter. This indemnification will survive any termination of these Terms.
16. Limitations of Liability
NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, SUCH AS COSTS OR EXPENSES INCURRED IN CONNECTION WITH THE REPLACEMENT OF ANY PRODUCTS, GOODS, MATERIALS, OR SERVICES BOUGHT OR SOLD THROUGH THE WEBSITE OR THE SERVICES, OR ANY OTHER LOSSES, LOST PROFITS, LOSS OF DATA, OR OPPORTUNITY COSTS, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT AS PROVIDED IN SECTION 16.B.
EXCEPT AS PROVIDED IN SECTION 16.B, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY AMOUNTS IN EXCESS OF THE GREATER OF (I) THE TOTAL FEES YOU PAID TO BUYUNREPPED FOR THE TRANSACTION GIVING RISE TO THE CLAIM AND (II) ONE THOUSAND DOLLARS ($1,000.00). THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT.
16.B. Exclusions. The limitations in this Section 16 do not apply to: (i) any claim arising from BuyUnrepped’s duties as a licensed Tennessee real estate firm under Tenn. Code Ann. §§ 62-13-403 and 62-13-404; (ii) a party’s gross negligence or willful misconduct; (iii) a party’s indemnification obligations; (iv) BuyUnrepped’s obligations under Section 6; (v) any liability that cannot be limited or excluded under Applicable Law; or (vi) a party’s breach of Section 3 (License Grant and Limitations), Section 11 (Confidentiality), or Section 12 (Developments).
ANY CLAIM OR CAUSE OF ACTION BROUGHT BY YOU OR ON YOUR BEHALF, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES OR THE CONTENT OR OUR RELATIONSHIP WITH YOU, REGARDLESS OF THEORY, MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CLAIM OR BE FOREVER BARRED; PROVIDED THAT THIS SHORTENED PERIOD DOES NOT APPLY TO ANY CLAIM DESCRIBED IN SECTION 16.B(i) OR (ii), WHICH IS GOVERNED BY THE LIMITATIONS PERIOD PROVIDED BY APPLICABLE LAW.
17. International Use, Sanctions, and Export Policy
Although this Website may be accessible worldwide, BuyUnrepped makes no representation that materials on this Website are appropriate or available for use in locations outside the United States. BuyUnrepped provides Services only with respect to real property located in the State of Tennessee. Those who choose to access this Website from other locations do so on their own initiative and at their own risk. Those users are responsible for compliance with local laws in their jurisdiction, including the taxation of products purchased over the Internet. Any offer for any Content or Service, or materials or information made in connection with this Website, Content, or Services, is void where prohibited. You are prohibited from using any BuyUnrepped Website, Content, or Services if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using the Website, Content or Services. You are required and solely responsible to comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.
18. Infringement Notices
If you believe that any content on the Website or the Services or any other Content violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately of the alleged infringement at : BuyUnrepped, Inc., Attn: Designated Agent, 2509 Cruzen St., Nashville, Tennessee 37211, or by email to info@buyunrepped.com, with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint.
If you learn that the Website, Content, or any Services are subject to a threatened or actual third-party claim of infringement, violation of another right, or any other claim for which BuyUnrepped, Content contributors, or any of their respective affiliates may be liable, you will promptly notify BuyUnrepped of any such claim. If BuyUnrepped, the Content contributors, or any of their respective affiliates learns of such a claim and BuyUnrepped, in its sole good faith discretion, determines that the claim raises an inappropriate legal risk, upon notice from us you will: (i) remove the Content from your computer systems and storage devices (electronic or physical), and (ii) cease any future use of the Website, Services, and Content at your own expense if possible. If you do remove and cease use of the Website, Services, or Content, we may choose to refund your fees for future use, or without charge provide you with other services or content that we determine, with your consent not to be unreasonably withheld or delayed, is comparable, subject to the other terms and conditions of these Terms. Repeat infringers will be terminated and barred from using the Website, Services, or Content.
19. Dispute Resolution and Binding Arbitration
A. Informal resolution first. Before initiating arbitration, you and BuyUnrepped agree to attempt to resolve the dispute informally. Send a written description of the dispute and the relief sought to the address in Section 31 (or, if BuyUnrepped is initiating, to the address on your account). If the dispute is not resolved within sixty (60) days, either party may begin arbitration.
B. Agreement to arbitrate. Except as provided in Sections 19.E and 19.F, any dispute or claim relating in any way to these Terms, or your use of the Website, Content, or Services, will be resolved by binding arbitration rather than in court. The Federal Arbitration Act and federal arbitration law apply. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these Terms, as a court would be bound to follow.
C. Procedure. To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to: BuyUnrepped, Inc., Attn: Legal, 2509 Cruzen St., Nashville, Tennessee 37211. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Consumer Arbitration Rules. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $5,000 unless the arbitrator determines the claims are frivolous. Likewise, BuyUnrepped will not seek attorney fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Nashville, Tennessee (the “Venue”) or at another mutually agreed location.
D. Class waiver. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
E. Exceptions. Either party may assert claims in small claims court if the claims qualify, and either party may bring a proceeding before a court to enjoin infringement or other misuse of intellectual property rights. Nothing in this Section 19 prevents you from filing a complaint with the Tennessee Real Estate Commission or any other governmental agency, and this Section does not apply to any disciplinary or administrative proceeding before such an agency.
F. Your right to opt out. You may opt out of this Section 19 by sending written notice to info@buyunrepped.com or to the address in Section 31 within thirty (30) days after you first accept these Terms. Your notice must include your name, the email address on your account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other part of these Terms and will not affect your ability to use the Services.
20. Jurisdiction and Governing Law
These Terms shall be construed, governed, and enforced under the laws of the United States and the State of Tennessee (without regard to rules governing conflict of laws). You consent to the venue being in Nashville, Tennessee for all actions relating in any manner to these Terms. If the arbitration provision in Section 19 is found to be unenforceable, each party hereby consents and submits to the in personam jurisdiction of the federal or state courts located in Nashville, Tennessee, and to the extent permitted by law, hereby consents that all service of process may be made by any nationally recognized overnight courier, or by certified or registered mail, postage prepaid and return receipt requested. Each party waives any objection based on forum non conveniens and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above. Each party agrees that a final judgment in any such action shall be conclusive and may be enforced in any other jurisdiction in any manner provided by law.
21. Electronic Communications
When you use the Website or Services, or send electronic communications to us, you consent to receive service-related communications electronically, including notices and messages related to your inquiry or purchased services. Marketing email is sent only when you affirmatively opt in, and you may unsubscribe at any time. We do not obtain consent for marketing calls or text messages through these Terms. You agree that electronic agreements, notices, disclosures, and other service-related communications may satisfy legal requirements for a writing where permitted by law, including under the federal E-SIGN Act and the Tennessee Uniform Electronic Transactions Act.
22. Force Majeure
In addition to any excuse provided by applicable law, BuyUnrepped shall be excused from liability for non-delivery or delay in delivery of products, Content, or Services available through our Website arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, disease, pandemic, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those enumerated above. This Section does not excuse BuyUnrepped from any refund or credit owed under Section 6.
23. Severability
If any part of these Terms is held illegal, or otherwise invalid or incapable of being enforced in a jurisdiction, that portion shall be excluded, replaced, or construed in a manner consistent with Applicable Law in that jurisdiction to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The foregoing rights to exclude, replace, or re-construe do not automatically apply to the legality, validity, and enforceability of the terms in other jurisdictions, which shall, to the extent permitted by Applicable Law, remain unaltered as originally set forth herein. If the class waiver in Section 19.D is held unenforceable as to any claim, that claim shall proceed in court and Section 19 shall not apply to it.
24. Entire Agreement
These Terms, together with the Privacy Policy and your Transaction Schedule, constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersede all prior agreements and understandings of the parties with respect thereto. Except for updates to these Terms made by BuyUnrepped in accordance with Section 2, these Terms may not be altered, supplemented, or amended by any other document(s) other than a written agreement entered into with signatures of authorized representatives of both parties.
25. Compliance with Laws
You agree to abide by all Applicable Laws. You are solely responsible and liable for all acts or omissions that occur as a result of or while you access, browse, or otherwise use the Website, Content, or Services.
26. Order of Precedence
To the extent that anything in or associated with this Website, Services, or Content is in conflict or inconsistent with these Terms, these Terms shall take precedence. To the extent that anything in these Terms is in conflict or inconsistent with your signed Services Agreement, the Transaction Schedule shall take precedence with respect to the scope of services, fees, refund and credit terms, and BuyUnrepped’s role in your transaction. Nothing in these Terms or in any Transaction Schedule limits any duty BuyUnrepped owes under the Tennessee Real Estate Broker License Act, Tenn. Code Ann. § 62-13-101 et seq., or the rules of the Tennessee Real Estate Commission, which control over any inconsistent provision.
27. Survival
Sections 3.B, 10, 11, 14, 15, 16, 19, 20, 23, 26, and this Section 27, and any other provision that by its nature should survive, shall survive termination or expiration of your use of the Website, the Services, Content, or your plan.
28. Third-Party Beneficiary
BuyUnrepped, its content contributors, and their respective affiliates are all intended third-party beneficiaries of these Terms; nothing in these Terms, express or implied, intends to or confers upon any other third party any rights, benefits, or remedies of any nature whatsoever.
29. Waiver
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
30. Our Remedies
You acknowledge and agree that a violation, or threatened violation, by you of Section 3 (License Grant and Limitations), Section 11 (Confidentiality), or Section 12 (Developments) may cause BuyUnrepped harm for which monetary damages would be an inadequate remedy, and BuyUnrepped may seek injunctive or equitable relief in response. These remedies are in addition to any other remedies BuyUnrepped may have at law or in equity.
31. Notice
You may notify BuyUnrepped at info@buyunrepped.com or by certified mail to the address below.
By Mail, with attention to Management:
BuyUnrepped, Inc.2509 Cruzen St.
Nashville, Tennessee 37211
Please ensure that all notifications from you include your name, address, e-mail address, and account number and transaction identification if applicable. BuyUnrepped may notify you by email at the address associated with your account or by certified mail.
32. Relationship of the Parties
Nothing in these Terms will be construed as creating a joint venture, partnership, franchise, employer/employee, or similar relationship between you and BuyUnrepped, or as authorizing either to act as agent or representative of the other. In particular, and as stated in Section 5.A, nothing in these Terms creates a real estate agency relationship between you and BuyUnrepped; under Tenn. Code Ann. § 62-13-405(c), such a relationship can arise only under a separate specific written agency agreement. You have no right or authority to bind BuyUnrepped to a third party, or to make any representations, warranties, or statements on behalf of BuyUnrepped to a third party.
33. Licensure Identification
BuyUnrepped, Inc. is a real estate firm licensed by the Tennessee Real Estate Commission, Firm License No. 267134. Kayla Brown is the principal broker, License No. 339134. Firm telephone: 615-208-3390. All advertising and all brokerage services provided through the Website and the Services are under the supervision of the principal broker.