This Terms of Service Agreement (this “Agreement”) is a binding agreement between you and Dowden Investments LLC and its affiliated companies (collectively, “Dowden Investments,” “we,” “us,” or “our”) providing the terms and conditions for your use of our website, www.dowdeninvestments.com (the “Site”), all associated websites owned or operated by us, and the various content, features, software, and services offered on and in connection with these websites (collectively, with the Site, the “Services”). This Agreement is effective as of November 2, 2023. This version of the Agreement replaces and supersedes any prior terms of service applicable to the Site and Services.

Please review this Agreement carefully.  By accessing and using our Services, you agree to all the terms and conditions of this Agreement.  Please be sure to also review our Privacy Policy, which is hereby incorporated by reference and made a part of this Agreement.

This Agreement contains warranty and liability disclaimers.

We reserve the right, in our sole discretion, to revise this Agreement at any time. Any changes to this Agreement will be included in a revised version accessible at www.dowdeninvestments.com/terms. Your continued use of our Services following posting of any changes to this Agreement constitutes your unconditional acceptance and agreement to be bound by the changed terms. Accordingly, we urge you to review this Agreement at the start of each use of our Services.

1. General Terms

1.1 Using Our Services

1.1.1 General Requirements, Binding Effect

This Agreement constitutes a legally binding agreement between you and Dowden Investments. By using the Services, you: (1) acknowledge that you have read and understood this Agreement; (2) represent that you are 18 years of age or older and of legal age to enter into a binding agreement; and (3) accept the terms of this Agreement and agree that you are legally bound by them. Your use of the Services manifests your agreement to be bound by this Agreement each time you access the Services. If you do not agree to any of the terms in this Agreement, do not use or access the Services.

By accessing our Services, you agree to abide by all applicable local, state, national, and international laws and regulations in your use of our Services. You acknowledge that your use of the Services is at our sole discretion and your license to use the Services may be terminated by us at any time, for any reason or for no reason. We reserve the right, in our sole discretion, to refuse service, to block or prevent future access to and use of the Services, to terminate any user’s account, and to alter or delete any material submitted to the Service through the user’s account, where applicable. Following termination of this license, this Agreement shall apply to the extent practicable.

Our Services are intended only for personal, non-commercial use by U.S. residents aged 18 years and over only. If you do not meet this criteria, you agree to immediately discontinue use of our Services. Any use of the Services by persons under 18 years of age will result in immediate termination of their use of the Services. We reserve the right to refuse to provide our Services to anyone at any time.

1.1.2 License

Dowden Investments grants to you a limited, non-exclusive, non-transferable, revocable license (without the right to sublicense) to access and use our Services in accordance with the terms and conditions set forth in this Agreement. You may view, copy, download, or print materials from the Services for your personal use only. In this context, “personal use” does not include posting, uploading, or otherwise publishing the materials for any commercial purpose, except with our express written permission. Dowden Investments reserves all right, title and interest not expressly granted under this license to the fullest extent permitted by law. Any use of our Services not expressly permitted under this Agreement is strictly prohibited.

1.1.3 Copyrights, Trademarks and Other Intellectual Property

Unless otherwise noted, all content provided on or through our Services, including images, illustrations, designs, icons, photographs, video clips, text, and other material, is the property of Dowden Investments or its suppliers, licensors, talent, partners, or affiliates and is protected by United States and international copyright laws. Any and all content available through our Services is either the property of Dowden Investments or is used by us with the permission of its owner. The compilation of the Site is the exclusive property of Dowden Investments and is protected by United States and international copyright laws. You agree that you will not take any actions inconsistent with Dowden Investments’ ownership of the Site, Services, and content.

The trademarks, logos, and service marks displayed through the Services are owned by Dowden Investments and other third parties, and the Services’ trade dress is owned by Dowden Investments. All trademarks not owned by Dowden Investments are the property of their respective owners, and, where used by Dowden Investments, are used with permission. Nothing contained in the Services may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. Dowden Investments’ trademarks and/or trade dress may not be copied, imitated, or used, in whole or in part (including use in metatags or in hidden text), without our prior written permission. You agree that you will not take any actions inconsistent with Dowden Investments’ ownership of, or any third party’s ownership of, the trademarks and trade dress used on or in the Services.

Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the materials on the Services, including any copyrighted, patented, or trademarked content. You may only use the materials and content on the Services as expressly permitted in this Agreement and for no other purpose. Any unauthorized use of any content or materials on the Services is strictly prohibited and may violate copyright, patent, and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.

1.1.4 Infringement, DMCA Notice

We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances, and at our sole discretion, we may terminate and/or disable access to and use of the Services by users suspected of infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances, and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity.

You agree that you will not use our Services in any manner that infringes the rights of any third party. In accordance with the Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512 (“DMCA”), if you are a copyright holder and believe your work has been used in our Services in a way that constitutes copyright infringement, please send a written notice to us at:

Dowden Investments, c/o Legal Team

11720 Amber Park Dr Ste 160

Alpharetta, GA 30009

Phone: 770-869-2212

Email: info@dowdeninvestments.com

To find out what to include in the notice, click here to read the DMCA.

If you send your notice by email, please make sure to write “DMCA Copyright Notice” in the subject line. We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

1.1.5 Other Restrictions

Except as expressly provided in this Agreement, and without altering the scope of the license granted to you, you are hereby prohibited from: (a) modifying, adapting, translating, copying, reproducing, imitating, distributing, publishing, or reselling the Services or any of the content on the Services; (b) bypassing any technical measures used to prevent or restrict access to any portion of the Services; (c) reverse engineering, decompiling, disassembling, or otherwise obtaining the source code of the Services, except as interpreted and displayed in a web browser; (d) using or attempting to use any data mining, robot, spider, or similar automated or manual data gathering and extraction tools to access the Services’ listings or content, including, specifically, including specifically, with the purpose of obtaining lists of users or property listings available through our Services; (e) circumventing or attempting to circumvent the security of the Services; (f) interfering or attempting to interfere with the proper working of the Services or otherwise engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Dowden Investments or users of the Services or expose them to liability; (g) altering or modifying, or attempting to alter or modify any part of the Services; (h) attempting to gain unauthorized access to any portion of the Services or any systems or networks connected to the Services through hacking, cracking, mining, phishing, or any other means; (i) accessing or attempting to access password protected, secure, or non-public areas of the Services, except as authorized by Dowden Investments; (j) taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or any systems or networks connected to the Services; (k) using reports, content, electronic documentation, or other materials available on the Services to feed any downstream product, application, or website; (l) engaging in any activity that markets another business or attracts Dowden Investments users to a third party; (m) making commercial use of the Services or any of the associated content; (n) using the Services to stalk, harass, bully, or harm another person; or (o) engaging in or promoting illegal activities.

1.1.6 Submissions

From time to time, we may make available on our Services certain services, features, or sections that allow users to post or upload materials to our Services. If you submit to us or post through our Services any property listing, testimonial, comment, review, suggestion, communication, message, photograph, text, data, or any work of authorship (collectively, “Submissions”) including, without limitation, Submissions about any of our products or services, whether publicly posted or privately transmitted, you understand that such Submissions are the sole responsibility of the person from which such Submissions originated. Therefore, you, and not Dowden Investments, are solely responsible for all Submissions that you upload, post, email, transmit, or otherwise make available through the Site or any related services.

You represent and warrant that you own or otherwise control all the rights, titles, and interests to any Submissions that you upload, transmit, or otherwise make available through our Services, that use of any Submissions you provide does not violate the intellectual property rights or any other rights of any third parties, and that use of Submissions you provide will not cause injury to any person or entity.

Without limiting the foregoing, you represent and warrant that you will not: (a) provide any Submissions that are unlawful (according to local, state, federal or international law) or any Submissions that advocate illegal activity; (b) provide any Submissions that are defamatory, false, or libelous, or that contains unlawful, harmful, threatening, harassing, discriminatory, abusive, profane, pornographic or obscene material; (c) provide any Submissions that you do not have a right to provide under law or under a contractual or fiduciary relationship; (d) provide any Submissions that violate the intellectual property rights of others; (e) provide any Submissions that contain software viruses or other harmful devices; or (f) impersonate any other person or entity or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submissions you provide.

When you post or submit Submissions to our Services, you hereby expressly grant Dowden Investments a royalty-free, perpetual, non-exclusive, irrevocable right and license to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, exploit, sublicense, or otherwise distribute and display Submissions and any ideas, concepts, know-how, or techniques contained therein for any reason and in any manner it chooses, alone or as a part of other works, in any form, medium or technology now known or later developed, without restriction and without compensation of any kind to you, and you waive all moral rights in all such Submissions. Therefore, we request that you not provide us Submissions in which you do not wish to grant us rights.

Dowden Investments disclaims any and all liability for any Submissions emailed, transmitted, posted, or otherwise made available via our Services. The opinions expressed in postings or other Submissions on our Services may not represent the views or opinions of Dowden Investments or its advertisers, sponsors, affiliated or related entities. We do not represent or guarantee the truthfulness, accuracy, or reliability of any Submissions. Any Submissions on the Services are provided “as is.” You understand that by using our Services, you may be exposed to Submissions that are inaccurate, offensive, indecent, or objectionable.  Under no circumstances will we be liable in any way for any Submissions, including, but not limited to, for any errors or omissions in any Submissions, or for any loss or damage of any kind incurred as a result of the use of any Submissions posted, emailed, transmitted or otherwise made available via our Services.  You should be aware that your use of and reliance on Submissions is at your own risk.

Dowden Investments has no obligation to review, monitor, delete, or edit the Services, including user Submissions. However, you acknowledge and agree that Dowden Investments has the right to do so at any time in its sole discretion, for any reason or no reason, with or without notice. We shall not be liable for any alteration or deletion of any Submissions. You acknowledge, consent, and agree that Dowden Investments may access, preserve, and disclose any inappropriate conduct, your account information, and any Submissions you submit if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Submissions violate the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Dowden Investments, its affiliates, personnel, other users, and the public.

1.2 Disclaimers

1.2.1 No Warranty

THE SERVICES AND ALL ASSOCIATED CONTENT IS PROVIDED BY DOWDEN INVESTMENTS ON AN “AS IS” AND “AS AVAILABLE” BASIS. INFORMATION ACCESSIBLE THROUGH THE SERVICES IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND FOR YOUR CONVENIENCE. YOUR USE OF AND RELIANCE ON THE SERVICES AND ANY CONTENT AVAILABLE IS AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DOWDEN INVESTMENTS DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, STATUTORY, OR OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, AND OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING, USAGE, OR TRADE. DOWDEN INVESTMENTS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON THE SERVICES.

THE SERVICES ARE CONTROLLED, OPERATED, AND ADMINISTERED BY DOWDEN INVESTMENTS FROM ITS OFFICES WITHIN THE UNITED STATES. DOWDEN INVESTMENTS MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THE SERVICES IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU ACCESS THE SERVICES FROM A LOCATION OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS AND DOWDEN INVESTMENTS ACCEPTS NO RESPONSIBILITY FOR SUCH ACCESS. Any offer for any service or product made is void where prohibited.

1.2.2 Assumption of Risk

YOU VISIT DOWDEN INVESTMENTS’ REAL PROPERTY AND SURROUNDING PREMISES (COLLECTIVELY, THE “PREMISES”) AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ANY AND ALL RISK FOR ANY PROPERTY DAMAGE OR LOSS, OR BODILY, MENTAL, OR PERSONAL INJURY, INCLUDING DEATH, RELATING TO OR ARISING FROM VISITING THE PREMISES.

1.2.3 Not a Legal or Professional Advisor

You acknowledge and agree that Dowden Investments is not engaged in rendering legal, tax or other professional services.  If legal, tax or other professional assistance is required, including but not limited to the review of agreements and forms made available to you through our Services, the services of a competent professional should be sought.

1.3 Limitation of Liability

NEITHER DOWDEN INVESTMENTS NOR ANY OF DOWDEN INVESTMENTS’ employees, subsidiaries, affiliates, agents, representatives, distributors, or licensors WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY OR OTHERWISE), ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF, OR INABILITY TO USE, OUR SERVICES, INCLUDING BUT NOT LIMITED TO: (1) Personal Injury, property damage, cost of substitute goods or services, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOST DATA ,OR LOST PROFIT; (2) attorneys’ fees; or (3) any other INDIRECT, INCIDENTAL, Special, Exemplary, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF DOWDEN INVESTMENTS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. 

WITHOUT LIMITING THE FOREGOING, DOWDEN INVESTMENTS WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF, or inability to use, THE SERVICES, OR FROM YOUR DOWNLOADING OF ANY content or MATERIALS FROM THE SERVICES, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY’S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION STORED ON DOWDEN INVESTMENTS’ COMPUTERS AND/OR SERVERS. DOWDEN INVESTMENTS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT YOU ALLEGE ARISE OUT OF OR ARE RELATED TO YOUR USE OF DOWDEN INVESTMENTS’ SERVICES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DOWDEN INVESTMENTS, OR ITS PARENT COMPANY, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, DISTRIBUTORS, OR LICENSORS—WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY—ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED THE TOTAL AMOUNT YOU PAID TO DOWDEN INVESTMENTS TO ACCESS THE SERVICES WITHIN THE PRECEDING THREE (3) MONTHS.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

1.4 Indemnification

You agree to indemnify, defend, and hold harmless Dowden Investments, its officers, directors, employees, subsidiaries, affiliates, agents, representatives, and licensors from and against any claim, judgment, demand, damages, cost, expenses, and liabilities, including reasonable attorneys’ fees, arising out of or in any way related to (i) any violation or alleged violation by you of the terms and conditions of this Agreement or any applicable law; (ii) your access, use, or misuse of our Services or our Content; and/or (iii) any infringement by you of the copyright or intellectual property rights of any third party.  You must not settle any such claim or matter without the prior written consent of Dowden Investments. We reserve the right, at our own expense, to assume the exclusive defense and control of any claim subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.

You agree that if you are dissatisfied with our Services, do not agree with any part of this Agreement, or have any other dispute or claim with or against Dowden Investments with respect to this Agreement or our Services, your sole and exclusive remedy is to discontinue using the Services.

1.5 Governing Law and Venue

The laws of the State of Georgia shall govern the validity, performance, enforcement, interpretation, and any dispute that may arise between the parties with respect to this Agreement, without giving effect to any principles of conflicts of laws. The parties agree that any action or proceeding arising out of this Agreement or your use of the Services, whether at law or in equity, must be brought in the state or federal courts located in Fulton County, Georgia and you hereby irrevocably and unconditionally consent to the exclusive personal jurisdiction of such courts. You further agree to file any cause of action with respect to this Agreement within one (1) year after the cause of action arises. You agree that a cause of action filed after this date is barred.

1.6 Enforceability

This Agreement, including any documents referenced herein, represents the entire understanding between you and Dowden Investments regarding your relationship with Dowden Investments and use of the Services, and supersedes all other agreements, express or implied, written or oral, between you and Dowden Investments. This Agreement shall not be modified except as provided for herein or in writing, signed by a duly authorized officer of Dowden Investments.

Our failure to enforce any of our rights or to act with respect to a breach by you or others of this Agreement does not constitute a waiver of any rights and will not limit our rights with respect to that breach or any subsequent breaches. No waiver by Dowden Investments of any of the provisions in this Agreement will be of any force or effect unless made in writing and signed by a duly authorized officer of Dowden Investments.

If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Notwithstanding any provision of this Agreement, Dowden Investments has available all remedies at law or equity to enforce this Agreement.

We may assign this Agreement, or certain of our rights or obligations under this Agreement, to any party at any time without notice to you. You may not assign your rights or obligations under this Agreement, by operation of law or otherwise, without the prior written consent of Dowden Investments.

You acknowledge and agree that the provisions, disclosures, and disclaimers set forth in this Agreement reflect a fair and reasonable allocation of risk between you and Dowden Investments, and is not the result of fraud, duress, or undue influence exercised upon you by any person or entity. Any rights not expressly granted herein are reserved.

The provisions of this Agreement that by their sense and context are intended to survive the performance of the Agreement shall survive termination of this Agreement, including provisions relating to: disclaimer of warranties, licensing, ownership, damage limitations, venue, jurisdiction, and indemnification.

1.7 Privacy Policy

Dowden Investments respects and is committed to the security and confidentiality of your personal information. Please review our Privacy Policy, which also governs your use of the Services, to understand Dowden Investments’ privacy practices. By visiting or using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy, which is hereby incorporated by reference into this Agreement. A copy of our Privacy Policy can be accessed at Privacy Policy.

1.8 Consent to be Contacted, Promotional Messaging

You acknowledge that by voluntarily providing your telephone number to us, you expressly agree to receive ongoing, recurring automated promotional and personalized marketing text messages (such as SMS, MMS, or successor protocols or technologies) from, or on behalf of, us or any of our affiliated or unaffiliated business partners that may be sent using an automatic telephone dialing system: with offers or other information related to your property or quote; with information concerning the marketing of our services, offers, promotions, and events; and your relationship with us or any of our business partners, even if your mobile number is registered on any state or federal Do Not Call list, including all services that you have inquired about, your property, or your requested quote. Service-related messages may include updates, alerts, and information. You understand that consent to receive texts is not required to make any purchase from us or to use our Services. Message and data rates may apply. Message frequency may vary.

You can opt-out of text messages by replying “STOP” to the sender. You acknowledge and agree to accept a final text confirming your opt-out. You represent and warrant that you are the authorized subscriber for the telephone number(s) you have provided.  Please be aware that we may record or monitor telephone calls for quality assurance. Not all cellular phone providers carry the necessary service to participate. Please check your phone capabilities for specific text messaging instructions. Dowden Investments and carriers are not liable for delayed or undelivered messages. We reserve the right to modify or discontinue, temporarily or permanently, all or any part of our text services, with or without notice, at any time. In addition to the general indemnity obligations otherwise set forth in this Agreement, you agree to indemnify us for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or any state law equivalents, including claims relating to your voluntary provision of a telephone number that is not owned by you.

If you provide, or have provided, an email or mail address to us, you agree that we may provide notices to you through such means. Unless otherwise stated in the notices, the notices will become effective immediately. You can opt-out of receiving promotional emails or mail from us at any time by following the opt-out procedures contained in the respective communication or by contacting us using the contact information provided below.

1.9 Notices

Where required, Dowden Investments may give notice to you by a general posting on our Services, by electronic mail, or by conventional mail to your address of record. You may give notice to Dowden Investments by electronic mail or by conventional mail to the address below. If you have any questions about this Agreement, the practices of the Services, or your dealings with Dowden Investments, please send us a message through our form located at www.dowdeninvestments.com/contact or contact us at:

Dowden Investments

11720 Amber Park Dr, Ste 160 Alpharetta, GA 30009

(770) 869-2212

info@dowdeninvestments.com

2. Service-Specific Terms

Certain terms and conditions are specific to certain of our Services.  We’ve broken those out below.

2.1 Dowden Investments Estimates

A Dowden Investments Home Value, Offer Preview, Preliminary Offer, Instant Offer, and/or Estimated Offer (each an “Dowden Investments Estimate”) is an estimate calculated using publicly-available information and Dowden Investments’ proprietary valuation model. It typically takes into account hundreds of data sets related to your home and its location.

A Dowden Investments Estimate is not an appraisal. It is an invitation for you to request an offer to purchase your home (an “Dowden Investments Offer”).

2.2 Selling to Dowden Investments

2.2.1 Dowden Investments Offers

A Dowden Investments Offer is an offer by Dowden Investments to purchase a home.  You will be eligible to receive a Dowden Investments Offer after you provide us with information about your home and (i) you are the owner or represent the owner of the home, (ii) the home is in one of our service areas, (iii) the home meets our current home-buying parameters, which may change from time to time for a given service area under our sole discretion and (iv) we have had an opportunity to assess your home.

A Dowden Investments Offer is not an appraisal. It is the purchase price Dowden Investments is willing and able to pay for your home, subject to additional terms, conditions, and fees outlined in the offer.

In the event that Dowden Investments makes you an offer on your home, Dowden Investments is not acting as your real estate agent or broker; nor does Dowden Investments represent you in any capacity as a seller. Dowden Investments is merely acting as, or on behalf of, a purchaser of real estate. As a seller, you have the right, and it is your responsibility, to independently evaluate and decide whether to accept the Dowden Investments Offer.

2.2.2 After You’ve Sold

Please ensure you’ve contacted the U.S. Postal Service to set up address forwarding to your new address effective as of your close date. Also, be sure to update your address anywhere that you regularly order packages from.  Once your home sale has closed, we disclaim all liability for any mail or packages delivered to the property.

2.3 Visiting a Dowden Investments Property

2.3.1 Authorized Access

By accessing any property owned by Dowden Investments (a “Dowden Investments Property”), you certify and agree you are entering the property with the express purpose of (1) evaluating the home for potential purchase, or (2) engaged in authorized business with Dowden Investments.  You acknowledge that each access request grants up to 1 hour of time in and on the property, unless you have express permission from Dowden Investments for extended on-site presence. Dowden Investments may revoke permission to access one or more of its properties at any time.  If you are asked to leave a Dowden Investments property, you lose permission to go to any future Dowden Investments properties unless you receive notification otherwise from Dowden Investments.

2.3.2 Authorized Activities

By entering a Dowden Investments property, you acknowledge and agree that you will not, and will not assist or enable others, to:

• breach or circumvent any applicable law, or terms of this Agreement;
• access the home if under the age of 18;
• smoke, vape, consume alcohol, or use any illicit or illegal substances on the Premises;
• abandon, leave behind, dump, or otherwise discard any property including, but not limited to, flyers, pamphlets, marketing or promotional materials, trash, garbage, waste product, or any other type of personal property on the Premises without the express consent of Dowden Investments;
• remove any property from the Premises other than marketing or promotional materials provided by Dowden Investments for such use;
• use any facilities in the home including, but not limited to, pools, showers, and appliances other than for the purpose of examining them in the course of reasonable evaluation for purchasing the home;
• request access other than through a method authorized by Dowden Investments (authorized methods include the Dowden Investments Mobile App, text-to-enter, and a phone call to Dowden Investments’ Customer Support line);
• enter the home other than through the front door;
• bring any weapon including, but not limited to guns, knives, blunt-force objects, and projectiles into the home or surrounding yard;
• avoid, bypass, remove, deactivate, impair, or otherwise attempt to circumvent any technological or security measure implemented by Dowden Investments or any other third party to protect Dowden Investments properties and their contents and surroundings, Services, customers, and/or visitors; or
• violate or infringe anyone else’s rights or otherwise cause harm to anyone.

If, in accessing a Dowden Investments property, whether through an authorized method or not, you provide access to any individuals who have not expressly accepted this Agreement, you accept legal and financial responsibility for their behavior including for any breaches by them of Section 2.3 of this Agreement.

By accessing any Dowden Investments property, you accept legal and financial responsibility for any damage you cause to the Premises and, to the fullest extent permitted by law, any bodily, mental, or personal injury, including death, relating to or arising from accessing or visiting the Premises.

2.4 Buying a Dowden Investments property

2.4.1 As-Is Conveyance

If you contract to purchase a home from Dowden Investments (“Seller”), you (“Buyer”) agree to the following additional terms and conditions regarding your purchase of the home (the “Property”).  In the event of any conflict with the terms of the Purchase and Sale Contract (“Purchase Contract”) governing the purchase of the Property, the Purchase Contract shall prevail.

Seller has provided Buyer with an opportunity to inspect the Property, and strongly encourages Buyer to seek an inspection on the Property by a licensed home inspector. Buyer further recognizes Seller has not resided in the Property and has limited knowledge thereof. Accordingly, to the fullest extent permitted by law and under the terms of the Purchase Contract:

BUYER AGREES THAT BUYER IS ACQUIRING THE PROPERTY ON AN “AS IS, AND WITH ALL FAULTS BASIS” WITHOUT REPRESENTATIONS, WARRANTIES OR COVENANTS OF ANY KIND WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION OR VALUE OF THE PROPERTY, THE PRESENCE OF HAZARDOUS SUBSTANCES IN OR NEAR THE PROPERTY, OR EXPENSES ASSOCIATED WITH THE PROPERTY.

BUYER WAIVES ANY IMPLIED WARRANTY AS TO HABITABILITY AND/OR, ANY IMPLIED WARRANTY AS TO THE WORKMANSHIP OF ANY REPAIRS OR MODIFICATIONS PERFORMED ON THE PROPERTY.

BUYER AGREES IT HAS HAD AMPLE OPPORTUNITY TO OBTAIN PROFESSIONAL COUNSEL OF ITS CHOOSING, AND IS RELYING SOLELY ON ITS OWN INDEPENDENT JUDGMENT AND THAT OF ITS OWN PROFESSIONAL CONSULTANTS, IF ANY, IN ENTERING INTO THE PURCHASE CONTRACT AND PURCHASING THE PROPERTY.

BUYER WILL CONDUCT SUCH INSPECTIONS OF THE PROPERTY AS BUYER DEEMS NECESSARY AND, IF BUYER ELECTS TO PURCHASE THE PROPERTY, AND AGREES TO ASSUME THE RISK OF ANY ADVERSE CONDITIONS, INCLUDING ADVERSE CONDITIONS THAT MAY NOT HAVE BEEN REVEALED BY SUCH INSPECTIONS.

2.5 Current Dowden Investments Promotions

Please note that, from time to time, we may advertise estimates of what customers can receive pursuant to a given Dowden Investments promotion.  However, the final amounts you will receive, if eligible, will depend on factors like the final price of the home you buy or sell, as well as other associated costs like agent commissions.  Consult with your Dowden Investments representative for more details as to how these promotions apply to your home sale or purchase. Unless otherwise stated, Dowden Investments’ promotions may not be combined. 

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY DOWDEN INVESTMENTS.