Effective Date: February 16, 2024
BY ACCESSING OR USING THE WEBSITE (HEREINAFTER, “WEBSITE”) YOU ARE INDICATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS, AND THAT YOU AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THE TERMS OF USE (HEREINAFTER, “TERMS”). IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS OR USE THE WEBSITE.
As used in these Terms Of Use (TOU), the terms “Good Vibes Homebuyers,” “GVH,” “GVHs,” “we,” and “us” refer to Good Vibes Homebuyers, and its subsidiaries and affiliates. “Website” refers to the website currently located at www.GoodVibesHomebuyers.com, and any and all other websites owned or operated by GVH, through which you have access to request an offer and/or conduct a real estate transaction with GVH, including all features, functionality, tools, and content of those websites.
THE INFORMATION WE PROVIDE IN CONNECTION WITH AN OFFER, OR OTHERWISE IN CONNECTION WITH YOUR USE OF THIS WEBSITE IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL LEGAL, FINANCIAL, TAX, OR REAL ESTATE ADVICE. YOU SHOULD ALWAYS CONSULT PROFESSIONAL ADVISORS BEFORE MAKING REAL ESTATE DECISIONS.
UNLESS OTHERWISE SET FORTH IN A WRITTEN DOCUMENT SIGNED BY GVH, GVH IS ACTING AS A PRINCIPAL ON ITS OWN BEHALF AS A POTENTIAL BUYER. IT IS REPRESENTING ITS OWN INTERESTS AND DOES NOT REPRESENT YOU IN ANY SALE TRANSACTION. GVH IS NOT PROVIDING ANY LEGAL, FINANCIAL, OR REAL ESTATE ADVICE TO YOU. ALL INFORMATION PROVIDED ON OR THROUGH THE WEBSITE OR BY US, INCLUDING, WITHOUT LIMITATION, THE ESTIMATED VALUE OF YOUR PROPERTY, IS FOR CONVENIENCE ONLY AND WITHOUT EXPRESS OR IMPLIED WARRANTY AS TO ITS ACCURACY OR VALIDITY.
RELIANCE ON SUCH INFORMATION TO ENTER INTO ANY REAL ESTATE TRANSACTION IS SOLELY AT YOUR OWN RISK. WE RECOMMEND THAT YOU CONSULT RELIABLE, INDEPENDENT INFORMATION SOURCES TO PROVIDE YOU INFORMATION ON WHICH TO RELY. IF YOU HAVE ANY QUESTIONS IN THIS REGARD, YOU SHOULD CONSULT YOUR LEGAL OR OTHER PROFESSIONAL ADVISORS.
Your access to and use of the Website and conduct of any transaction(s) with GVH is governed by the terms and conditions of these Terms, our Privacy Policy, currently located at www.GoodVibesHomebuyers.com/Privacy-Policy, any and all other policies and rules referenced herein, posted on the Website, or otherwise communicated to users (the “Website Rules”).
If you request and receive an offer, that offer may be subject to certain terms and conditions (the “Offer Terms”). Further, if you accept an offer, you will be asked to agree to a purchase agreement (the “PA”), which, once executed by the parties, will govern the sale of your property. The terms of the PA may be subsequently amended to include differing or supplemental terms (the “Supplemental Terms”). If you choose to accept the Offer Terms and PA (as amended by any Supplemental Terms), they will be incorporated and deemed part of these Terms. In the event of a conflict between these Terms and any Offer Terms, and PA (as amended by any Supplemental Terms), the PA will govern and control.
PLEASE READ THESE TOU, OUR PRIVACY POLICY, WEBSITE RULES, OFFER TERMS, THE PA, AND ANY SUPPLEMENTAL TERMS (COLLECTIVELY, THE “TERMS”) CAREFULLY AND BE SURE YOU UNDERSTAND THEM BEFORE YOU ACCEPT, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS, AND REMEDIES IN CONNECTION WITH YOUR USE OF THE WEBSITE AND THE CONDUCT OF ANY TRANSACTION(S). IF YOU DO NOT UNDERSTAND ANY PART OF THESE TERMS, YOU SHOULD SEEK LEGAL ADVICE. THE TERMS INCLUDE, BUT ARE NOT LIMITED TO:
If you have any questions regarding the Terms, you should consult your legal or other professional advisors.
If you are accepting or agreeing to the Terms on behalf of another person or on behalf of any company or other legal entity, you represent and warrant that you have the authority to act on behalf of and bind that person or entity to the Terms.
Good Vibes Homebuyers reserves the right, in its sole discretion, to amend the TOU, Website Rules, and Privacy Policy, at any time and without prior notice. When we amend the TOU, Website Rules, or Privacy Policy, we will update the “Effective Date” date at the top and post the updated version. We may also, at our option, choose to notify you by e-mail or another means. If the modified Terms are not acceptable to you, your only recourse is to stop using the Website and refrain from pursuing any further transactions with GVH. By continuing to use the Website after we have posted an updated version of the TOU or Privacy Policy or otherwise notified you of an update, you are affirming that you agree to be bound by the amended Terms; provided that no such change shall alter or amend any pending PA which has been agreed to and accepted in writing by both parties. This provision is subject to limitations in the “Dispute Resolution” section below.
No other modification, amendment, supplement of or to the Terms will be binding on GVH unless it is in writing and signed by an authorized representative of GVH.
The Website is operated within the United States and is not intended for use outside of the United States. If you access the Website from a location outside the United States, you do so at your own risk and you are solely responsible for compliance with applicable laws, rules, and regulations, including export laws, and any regulations and local laws regarding online conduct and content.
You may not request an offer:
If you elect to request an offer, you agree to provide complete, accurate, and current information about yourself and your property, and to update that information as necessary to ensure that it remains complete, accurate, and current. Please note that your name, address, and other information that you submit when you request an offer may be used and shared with our third-party service providers in accordance with our Privacy Policy.
As of the date of these TOU, we are currently buying homes only in the areas specified on our website (described generally as an area that is within 40 miles on the east and west sides of Interstate 35 between San Antonio, TX and Temple, TX). However, we are under no obligation to make an offer for any property, including any property within those areas.
Once a request for an offer is submitted, we will call, text, and/or email you within approximately 30 minutes to notify you of whether we wish to make an offer for your property. If we wish to make an offer, within approximately 2 hours of having received information from you about your property, we will call, text, and/or email you your offers. We reserve the right to revoke any offer at our discretion, prior to it being accepted, by notifying you of the revocation by call, text, and/or email which shall be deemed delivered at the time sent by GVH to your phone and/or email. Once an offer is revoked, you will not be able to accept the offer.
If we elect to make an offer for your property, the offer will identify the purchase price that we are willing to pay and, if applicable, the credits that will be deducted from that price at closing, as set forth in the PA.
PLEASE NOTE THAT WE DETERMINE THE OFFER PRICE AND CREDITS BY ANALYZING VARIOUS DATA SOURCES, INCLUDING INFORMATION PROVIDED BY YOU. We reserve the right to change the offer price and/or credits if we discover that the condition of the property is not consistent with your description, or that the information provided by you is otherwise incomplete or inaccurate. Any such change will require your approval, but if you disapprove, Good Vibes Homebuyers may terminate the PA.
GVH makes no representations or warranties that the purchase price we offer will equal or exceed the fair market value or the price you would obtain by listing your property with a real estate agent. Also, we make no representations or warranties regarding credits, including how our credits will compare to credits of a traditional closing. GVH TYPICALLY PAYS ALL CLOSING COSTS AND FEES, INCLUDING THOSE ORDINARILY PAID BY SELLERS. ANY DEVIATION FROM THIS WILL BE SET FORTH IN THE PA.
You will be responsible for paying any costs that include, but may not be limited to, loan payoff costs, transfer taxes, liens or judgments against your property, prorated homeowner association dues and property taxes due through the closing date. In addition, if you have an existing listing agreement with a real estate agent, you will be responsible for determining any amount due to your agent and deducting their commission from your net proceeds. GVH does not pay or accept commissions unless it has explicitly agreed to do so in writing prior to your acceptance of the PA.
Within approximately 2 hours of receiving information from you about your property, we will call, text, and/or email you your offers. If emailed, the e-mail may come from DocuSign, a third-party electronic signature technology provider, on behalf of GVH. After you have reviewed and accepted the terms of the PA in the manner described in the e-mail or after you have notified us via other means that you wish to continue with the process, we will contact you to schedule your home inspection. We reserve the right in our sole discretion to terminate the PA during the inspection period for any discoveries made during the inspection period including, but not limited to, the condition of the property being inconsistent with your description, the information provided by you being otherwise inaccurate, or any other material adverse conditions or circumstances related to the property that we may uncover.
Provided you have accepted the terms of the PA, you and GVH collectively will determine the closing date and time and GVH will deposit the earnest money as set forth in the terms of the PA. The escrow agent or closing attorney, as applicable, will then send you a receipt confirming the earnest money deposit.
The inspection period begins and ends for the period set forth in the PA signed by both you and GVH, unless otherwise agreed in writing by you and GVH. The inspection will be either a virtual online (Microsoft Teams, Zoom, etc.) inspection or an in-person inspection and will be conducted by a contactor affiliated with GVH and/or by one or more GVH managers. You must be at the property during the inspection, which typically takes less than 1 hour.
Your closing date can be as soon as the next day and as many as 180 days after your acceptance of the PA, subject to GVH approval and availability. Closing will be scheduled by GVH for the date and time that you and GVH selected after the PA was reviewed and signed. If you subsequently need to change your closing date, you must notify us in writing as soon as reasonably possible. We will accommodate change requests, when reasonably practicable to do so as determined by us in our sole discretion.
After all closing documents have been signed, the escrow agent or closing attorney will provide you with a check, money order, or direct deposit for the purchase price less any agreed upon credits and, if applicable, any agreed upon fees (funds to seller are typically received the day of closing or the following business day).
You can elect to move up to 7 days after the closing date, subject to GVH approval and the payment of a security deposit. If you move no later than the seventh day after the closing date, your security deposit will be returned to you in accordance with a temporary residential lease agreement. You can also elect to move up to 180 days after the closing date, subject to GVH approval and a residential lease agreement.
You are responsible to leave the property in the same condition it was in during the inspection. You are also required, as a general rule, to leave any built-in appliances and other fixtures (items that are attached in some way to the property) unless otherwise agreed in writing. These include, but are not limited to, your dishwasher, built-in microwave, stove, oven, cooktops, ice machines, trash compactors, water softeners, built-in refrigerator, reverse osmosis systems, window treatments, central HVAC, garage door openers and remotes, built-in BBQ’s, built-in fire pits, ceiling fans, light fixtures, pool equipment, pool fencing, pool cleaning systems, exterior landscape lighting, and built-in surround sound speakers. You will be responsible for the cost of repairing any damage caused after the inspection and for the cost of replacing any appliances and other fixtures that are removed without our prior written consent and are attached in some way to the property.
Good Vibes Homebuyers may offer sellers a free local move.
By providing your telephone number or email, you expressly consent to receiving autodialed, prerecorded, and impromptu informational calls, and service calls, text messages, and emails from GVH at that number or email address. Standard message and data rates apply. You also represent and warrant that you are the authorized subscriber for the telephone number(s) and email(s) you have provided.
YOU CAN REVOKE CONSENT AND OPT OUT OF RECEIVING CALLS, TEXT MESSAGES, OR EMAILS AT ANY TIME BY REPLYING: STOP OR BLOCK. IF YOU DECIDE TO OPT OUT OF RECEIVING CALLS, TEXT MESSAGES, OR EMAILS, PLEASE ALLOW ONE MONTH FOR US TO PROCESS YOUR REQUEST. TELEPHONE CALLS, TEXT MESSAGES, AND EMAILS MAY BE MONITORED AND RECORDED FOR QUALITY ASSURANCE AND TRAINING PURPOSES.
Text messages may only be sent to mobile numbers, not landlines. Text message frequency varies. If you provide, or have provided to us, an email or mailing address, you agree that we may provide notices to you through such means. Unless otherwise stated in the notice(s), the notice(s) will become effective at the time sent.
By providing a mobile telephone number, you represent that you have the necessary authority to allow Good Vibes Homebuyers to collect and use the number you provided. You agree that you will be solely liable for any violation of the terms of this Section, will defend GVH in any legal action arising out of or related to a breach of these representations, and will indemnify GVH against any and all Losses (as defined below) resulting from such a breach. You acknowledge that GVH retains the right, but not the obligation, to confirm the consent of the owner of the telephone number at any time. In the event that GVH is unable to confirm such consent, we may refuse to send text messages to the telephone number provided.
You acknowledge that data and messaging plans are required to receive GVH text alerts and calls, and that standard data, messaging, and other charges, fees, and taxes from your carrier may apply. You agree that you are solely responsible for such charges, fees, and taxes that may result from your calling or sending or the receipt of such texts or calls from us, and that GVH has no liability for any of these costs.
GVH reserves the right to monitor access and use of the Website and to investigate and prosecute violations of any and all reports, complaints and claims, or otherwise suspected misconduct or violations of the law or the TOU to the fullest extent of the law.
The Website, including any and all features, functionality, tools, and content thereof, may be protected by copyright, trademark, patent and other laws of the United States and foreign countries. You acknowledge and agree that the Website, and all intellectual property rights therein are the exclusive property of GVH. You agree not to remove, alter, or obscure any copyright, trademark, service mark, patent marking, or other proprietary rights notices incorporated in or accompanying the Website.
Subject to your compliance with the Terms, GVH grants you a limited non-exclusive, non-transferable, non-assignable, and non-sublicensable license to access and use the Website.
You may not use, copy, reproduce, distribute, license, sell, transfer, publish, post, publicly display, publicly perform, transmit, broadcast, adapt, modify, prepare derivative works based upon, or otherwise exploit any features, functionality, tools, or content of the Website in any form or by any means, or sublicense the rights granted in the Terms, except as expressly permitted herein, without the prior written approval of Good Vibes Homebuyers.
This foregoing license is subject to modification or revocation at any time with reasonable notice at GHVs sole discretion. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by GVH or its licensors, except for the licenses and rights expressly granted in the Terms. All rights not expressly granted to you by the Terms are hereby reserved.
By uploading videos or photographs of your property (your “Media”), you hereby grant GVH a non-exclusive, transferable, sublicensable, royalty-free right, and license to use, copy, reproduce, process, adapt, modify, distribute, post, broadcast, publicly perform, publish and display your Media worldwide, in perpetuity, in any and all formats, (i) to operate and improve the Website, and (ii) to market, promote, and advertise your property, the Website, and Good Vibes Homebuyers, in general.
You agree that this license includes the right for GVH to make your Media available to other companies, organizations, and individuals who have a business relationship (“partner”) with GVH for syndication, broadcast, distribution, and publication on other websites and services. Such additional uses by GVH, and by the companies, organizations, and individuals who partner with us, will not require the payment of any money or other compensation to you.
You acknowledge and agree that we may reformat, modify, or adapt your Media to transmit, display, or distribute it or as may be necessary to conform and adapt to any requirements or limitations of any networks, devices, or services. You further grant us the right to use, copy, distribute, post, publish, and display your city, state, and other relevant information about your property in connection with your Media.
You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to your Media, and that neither your Media, nor our use of your Media (or any portion thereof) on or through the Website or in connection with the rights granted will infringe, misappropriate, or violate the rights of any person or entity, including patent, copyright, trademark, trade secret, moral rights, industrial rights, database rights, or other proprietary or intellectual property rights, rights of publicity or privacy, or data protection or contractual rights, or result in the violation of any applicable law or regulation.
You acknowledge and agree that you are solely responsible for your Media and information about your property, and for any consequences of the use of your Media by us or our partners. You understand that our content may be syndicated, broadcast, distributed, or published by us or our partners and if you do not have the right to submit your Media for such use, it may subject you to liability. GVH will not be responsible or liable for any use of your Media by GVH or any third party in accordance with the Terms.
We welcome and encourage you to provide feedback, comments, ideas, and suggestions for improvements, enhancements, and modifications to the Website and our services (“Feedback”). You may submit Feedback by e-mailing us at Thrive@GoodVibesHomebuyers.com. You acknowledge and agree that any and all Feedback you give us (i) will be treated as non-confidential, and (ii) will be the sole and exclusive property of Good Vibes Homebuyers.
Without limiting the foregoing, you acknowledge that your Feedback may be disseminated or used by GVH or its affiliates for any purpose whatsoever, including developing, improving, or marketing products and services. You hereby irrevocably transfer and assign to GVH all of your right, title, and interest in and to all Feedback, including all worldwide patent, copyright, trade secret, moral, and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. You agree to sign and deliver such documents, and otherwise provide such assistance, as may reasonably be required from time to time to perfect GVHs rights in such improvements, enhancements, and modifications.
The Website may provide links to third-party websites, resources, or services. You acknowledge and agree that GVH is not responsible or liable for (i) the availability, terms, or practices of such websites, resources, or services, or (ii) the content, products, or services available on or through such websites, resources, or services, including that any information provided is complete, accurate, or up to date. Links to such websites, resources, or services do not imply any endorsement by GVH of such websites, resources, or services, or the content, products, or services available on or through such websites, resources, or services.
You acknowledge that you have sole responsibility for and assume all risk arising from your use of any such websites, resources, or services, or the content, products, or services available on or through such websites or services. We will not be responsible or liable for any damage or harm resulting from your interactions with such websites or services, or the content, products, or services available on or through such websites or services.
You represent and warrant to Good Vibes Homebuyers that:
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, GOOD VIBES HOMEBUYERS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE OR RIGHTFUL CLAIM, WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE WEBSITE, OR THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, WARRANTIES AS TO THE COMPLETENESS, ACCURACY, OR TIMELINESS OF ANY WEBSITE CONTENT.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW:
YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GOOD VIBES HOMEBUYERS AND YOU AND WILL SURVIVE AND APPLY EVEN IF YOUR REMEDIES ARE FOUND OR ALLEGED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
NOTHING IN THE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT, OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE FROM DEATH OR PERSONAL INJURY.
ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN THIS SECTION THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW.
To the maximum extent not prohibited by applicable law, you agree to release, indemnify, and hold GVH, its parent, subsidiaries, affiliates, licensors, partners, and service providers, and its and their officers, directors, shareholders, agents, employees, and representatives, harmless from and against any claims, liabilities, damages, losses, costs, and expenses, including, any bodily injury, illness, death, or damage to any real or personal property, or any other injuries, losses, or damages (whether compensatory, direct, incidental, consequential, or otherwise) of any kind, and including reasonable legal fees and litigation expenses and costs (“Losses”) arising out of or relating to or in any way connected with (i) your access to or use of the Website, including any and all features, functionality, tools, content, and promotions available on and through the Website, (ii) your breach of the Terms, including any violation of federal, state, or local or other applicable laws, rules or regulations, or any infringement or misappropriation of the rights of any third party, and (iii) your negligence, gross negligence, or willful misconduct.
You agree that, at GVHs option, you will conduct the defense of any such claim or action; provided that, notwithstanding our election that you conduct the defense, (i) GVH may nevertheless participate in such defense or settlement negotiations, and pay its own costs associated therewith, and (ii) you will not enter into any settlement or other compromise without the prior written approval of GVH (which approval shall not be unreasonably withheld), unless such settlement or other compromise includes a full and unconditional release of the relevant parties from all liabilities and other obligations in respect of such claim or action.
No person or entity shall be entitled to any form of equitable or implied indemnification at any time, except as provided by the Terms.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND GOOD VIBES HOMEBUYERS HAVE AGAINST EACH OTHER ARE RESOLVED.
The Terms shall be governed by and interpreted in accordance with the laws of the State of Texas without regard to conflict of law principles.
All disputes, claims, controversies, and matters arising out of, or relating to, or in connection with the TOU or the breach, termination, enforcement, interpretation, or validity hereof, or to the use of the Website, including any Website (collectively, “Disputes”) shall be exclusively settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (“AAA Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. In the event of arbitration, arbitration shall take place in Hays County, Texas, USA before a single neutral arbitrator appointed in accordance with the AAA Rules and shall be conducted in the English language. You acknowledge that by agreeing to arbitration as the exclusive forum for the resolution of all Disputes, you are waiving the right to a trial by jury.
All arbitration shall be conducted and resolved on an individual basis, not a class-wide, multiple plaintiff or similar basis. No arbitration shall be consolidated with any other arbitration proceeding involving any other person or entity.
In the event that arbitration is not available, you and Good Vibes Homebuyers agree that any and all disputes will be brought in the federal or state courts located in Hays County, Texas, USA, and each agrees that such courts shall have exclusive jurisdiction and venue for any such actions.
The prevailing party in any suit, action, or proceeding, including any arbitration proceeding, will be entitled to recover its reasonable legal fees and costs and expenses from the other party.
In the event that we amend this “Governing Law & Dispute Resolution” section (other than an amendment to any notice address or site link provided herein) in the future, the amendment will not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the amendment. However, the amendment will apply to all other disputes or claims governed by this section that have arisen or may arise between you and GVH.
We will notify you of amendments to this section by posting the amended Terms at www.GoodVibesHomebuyers.com/Terms-Of-Use. If you do not agree to the amended Terms, you must cease using the Website immediately. By rejecting any amendment(s), you are agreeing that you will arbitrate any dispute between you and Good Vibes Homebuyers in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted the Terms (or accepted any subsequent amendments to the Terms).
Our collection and use of information about users is governed by our Privacy Policy. By accessing and using the Website, you consent to the collection and use of this information, including the transfer of this information outside of the United States, for storage, processing, and use by GVH.
AS PART OF PROVIDING YOU THE WEBSITE, WE MAY NEED TO PROVIDE YOU WITH CERTAIN COMMUNICATIONS, SUCH AS SERVICE ANNOUNCEMENTS, AND ADMINISTRATIVE MESSAGES. THESE COMMUNICATIONS ARE CONSIDERED PART OF THE WEBSITE WHICH YOU MAY NOT BE ABLE TO OPT-OUT FROM RECEIVING. HOWEVER, YOU WILL HAVE THE OPTION TO OPT-OUT FROM RECEIVING ANY NON-ESSENTIAL COMMUNICATIONS, SUCH AS PROMOTIONAL EMAILS, TEXTS MESSAGES, OR AUTODIALED, PRERECORDED, OR IMPROMPTU INFORMATIONAL CALLS, AND SERVICE CALLS. Consent to receiving promotional information is not required for receiving goods or services from Good Vibes Homebuyers. Your subscriber information and opt-in data for calls, texts, or emails will not be shared.
The Terms, including these TOU, our Privacy Policy, the Offer Terms, PA (as amended by any Supplemental Terms) and Website Rules, constitute the entire and exclusive understanding and agreement between you and GVH regarding your access to and use of the Website, and supersede and replace any and all prior or contemporaneous oral or written representations, understandings, or agreements between you and GVH and regarding the subject matter hereof. You acknowledge and agree that you have not relied on any representations or warranties whatsoever, express, implied, at common law, statutory or otherwise, except for the representations or warranties expressly set forth in these Terms.
You may not assign, transfer, delegate, or sublicense any of your rights or obligations under the Terms, including by operation of law, merger, or consolidation, without our express prior written consent, which may be granted or withheld in our sole discretion. Any attempted assignment, transfer, delegation, or sublicense without the foregoing consent will be null and void. GVH may assign, transfer, delegate, and/or sublicense our rights and obligations under the Terms, in whole or in part, in its sole discretion, without restriction.
Subject to the foregoing, the Terms will bind and inure to the benefit of the parties, their successors, and assigns.
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these TOU.
Any provisions of the Terms that contemplate performance or observance subsequent to the expiration or termination of this Agreement shall survive such expiration or termination.
Any notices or other communications permitted or required hereunder, including those regarding modifications to the Terms, will be in writing and given by Good Vibes Homebuyers (i) via e-mail (in each case to the address that you provide) or (ii) by posting to the Website. For notices made by e-mail, the date on which such notice is transmitted will be deemed the date of receipt.
Our failure to exercise any right or enforce any obligation under the Terms or to take action with respect to a breach by you or others will not constitute a waiver of such right, obligation, or breach. The waiver of any right, obligation, or breach will be effective only if in writing and signed by a duly authorized representative of Good Vibes Homebuyers. In addition, no waiver granted in any instance shall constitute a waiver in any other instance.
Except as expressly set forth in the Terms, the exercise by either party of any of its remedies under the Terms will be without prejudice to its other remedies available under contract, at law, in equity, or otherwise.
Except as otherwise provided in the Terms, if an arbitrator or a court of competent jurisdiction finds any provision of the Terms to be invalid, void, or unenforceable, in whole or in part, for any reason, the offending provision will be enforced to the maximum extent permissible and will not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect.
The headings in the Terms are for reference purposes only, and do not limit or otherwise affect the meaning or interpretation of any of the provisions hereof.
Except as otherwise expressly set forth herein, the Terms do not and are not intended to confer any rights or remedies upon any person other than the parties hereto.
In the Terms, unless the context requires otherwise: (i) “herein,” “hereof,” “hereunder,” “hereto,” and similar terms refer to the Terms collectively and as a whole, and not merely to the specific section, paragraph, or clause in which the term appears, (ii) “or” connotes any combination of all or any of the items listed, and (iii) “including” (and any of its derivative forms) means “including but not limited to.”
If you have questions, comments, concerns, complaints, or requests regarding the Terms or the Website, email us at thrive@goodvibeshomebuyers.com, or write to us at:
Good Vibes Homebuyers
Re.: Terms of Use
102 Wonder World Dr.
Ste. 304-149
San Marcos, TX 78666
