Acceptance of Terms
Welcome to Qualify Before You Buy (“QBYB,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our website, services, and communications. By accessing our website, using our services, or communicating with us, you agree to be bound by these Terms.
If you do not agree to these Terms, you must not use our website or services.
Description of Services
QBYB provides real estate and mortgage services in Arizona, including but not limited to:
- Home buyer pre-qualification assistance
- Real estate buyer representation
- Real estate seller representation
- Mortgage brokerage services
- Property search and neighborhood analysis
- Market data and comparative market analysis
- Educational content about home buying and selling
Our services are provided subject to these Terms and applicable state and federal laws.
Eligibility
You must be at least 18 years of age to use our services. By using our services, you represent and warrant that:
- You are at least 18 years old
- You have the legal capacity to enter into binding contracts
- All information you provide is accurate and complete
- You will comply with all applicable laws and regulations
User Account and Registration
Account Creation
When you request services or submit information through our website, you may create an account or provide contact information. You agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your information
- Keep your contact information current
- Notify us immediately of any unauthorized use
Account Security
You are responsible for maintaining the confidentiality of any account credentials and for all activities that occur under your account.
SMS/Text Messaging Terms
Consent to Receive Messages
By providing your mobile phone number and opting in, you expressly consent to receive automated text messages from QBYB, including:
- Pre-qualification updates
- Property alerts
- Appointment reminders
- Market updates
- Service-related notifications
- Promotional messages (if opted in)
Message Frequency
Message frequency varies. You may receive approximately 2-10 messages per month, though frequency may increase during active transactions.
Standard Rates
Standard message and data rates apply based on your mobile carrier plan.
Opt-Out
You may opt out at any time by:
- Replying STOP, END, QUIT, UNSUBSCRIBE, or CANCEL to any message
- Contacting us directly at (623) 203-6803 or info@qualifybeforeyoubuy.com
Help
For help, reply HELP to any message or contact us at [phone number] or [email].
Supported Carriers
Our text messaging service is supported by all major U.S. carriers. Carriers are not liable for delayed or undelivered messages.
Number Changes
You must notify us immediately if your mobile number changes or is transferred to another person.
Use of Website and Services
Permitted Use
You may use our website and services for lawful purposes related to real estate and mortgage services.
Prohibited Conduct
You agree NOT to:
- Provide false or misleading information
- Impersonate any person or entity
- Use our services for any illegal purpose
- Interfere with or disrupt our services
- Attempt to gain unauthorized access to our systems
- Transmit viruses, malware, or harmful code
- Scrape, data mine, or use automated tools without permission
- Reproduce, duplicate, or copy our content without authorization
- Use our services to spam or harass others
- Violate any applicable laws or regulations
Financial Information and Pre-Qualification
Not Financial Advice
Information provided through our services is for informational purposes only and does not constitute financial, legal, or tax advice. You should consult with appropriate professionals for advice specific to your situation.
Pre-Qualification vs. Pre-Approval
Pre-qualification is an estimate based on information you provide and is not a commitment to lend. Actual loan approval is subject to:
- Credit verification
- Income and employment verification
- Property appraisal
- Lender underwriting requirements
- Additional documentation
No Guarantee
We do not guarantee:
- Loan approval or specific loan terms
- That you will qualify for any particular property
- Property availability or pricing accuracy
- Specific savings amounts (except where explicitly guaranteed in writing)
$30K Savings Guarantee
Our $30K savings guarantee or $10K cash payment applies only to buyers who:
- Complete our full buyer program as outlined in writing
- Meet all program requirements and conditions
- Document their transaction according to program terms This guarantee applies to qualifying buyers only and is subject to written program terms provided separately.
Real Estate Services
Representation
Real estate representation is formalized through separate written agreements. These Terms do not create an agency or fiduciary relationship.
MLS and Property Data
Property information displayed on our website is sourced from Multiple Listing Service (MLS) and other third-party sources. We make reasonable efforts to ensure accuracy but:
- Information may be outdated or incorrect
- We are not responsible for third-party data errors
- Properties may be sold, pending, or withdrawn
- You should verify all information independently
Commission and Fees
Real estate commission and fees are disclosed in separate written agreements. Services may involve fees paid by buyers, sellers, or both parties as disclosed.
Mortgage Services
Mortgage Brokerage
QBYB provides mortgage brokerage services. We work with multiple lenders to find appropriate loan options.
Licensing
Our mortgage services are provided by licensed professionals in accordance with Arizona state law and federal regulations.
Loan Terms
Final loan terms are determined by the lender and are subject to:
- Credit approval
- Property appraisal
- Title clearance
- Underwriting conditions
- Market conditions
Intellectual Property
Ownership
All content on our website, including text, graphics, logos, images, videos, and software, is owned by QBYB or licensed to us and is protected by copyright, trademark, and other intellectual property laws.
Limited License
We grant you a limited, non-exclusive, non-transferable license to access and use our website for personal, non-commercial purposes. You may not:
- Modify, copy, or distribute our content without permission
- Use our content for commercial purposes
- Remove copyright or proprietary notices
- Create derivative works
Trademarks
“Qualify Before You Buy” and our logo are trademarks of QBYB. You may not use our trademarks without prior written permission.
User Content
Content You Provide
You may submit information, reviews, comments, or other content through our services. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your content in connection with our services.
Content Standards
You represent that any content you submit:
- Is accurate and not misleading
- Does not violate any laws or third-party rights
- Does not contain defamatory, obscene, or offensive material
- Does not contain viruses or malicious code
Monitoring
We reserve the right to monitor, edit, or remove any user content at our discretion.
Third-Party Services and Links
Our website may contain links to third-party websites or integrate with third-party services. We are not responsible for:
- Content, accuracy, or practices of third-party sites
- Privacy policies of third parties
- Products or services offered by third parties
Your use of third-party services is at your own risk and subject to their terms and policies.
Disclaimers
“As Is” Basis
OUR WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- Implied warranties of merchantability
- Fitness for a particular purpose
- Non-infringement
- Accuracy or completeness of information
No Warranty of Results
We do not warrant that:
- Our services will meet your specific needs
- Services will be uninterrupted or error-free
- Information provided is accurate or complete
- Defects will be corrected
- Our website is free of viruses or harmful components
Market Information
Real estate market data and property values are estimates only. Actual values may differ significantly.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, QBYB AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:
Indirect Damages
- Indirect, incidental, special, consequential, or punitive damages
- Lost profits, revenue, or business opportunities
- Loss of data or information
- Cost of substitute services
Direct Damages Cap
Our total liability for any claim arising from or related to these Terms or our services shall not exceed the greater of:
- $100, or
- The amount you paid us for services in the 12 months preceding the claim
Exceptions
Some jurisdictions do not allow certain limitations of liability, so the above limitations may not apply to you.
Indemnification
You agree to indemnify, defend, and hold harmless QBYB and its officers, directors, employees, agents, and affiliates from any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from:
- Your use of our services
- Your violation of these Terms
- Your violation of any laws or third-party rights
- Information or content you submit
- Your negligence or willful misconduct
Dispute Resolution
Governing Law
These Terms are governed by the laws of the State of Arizona, without regard to conflict of law principles.
Jurisdiction
You agree to submit to the personal jurisdiction of the state and federal courts located in Maricopa County, Arizona for resolution of any disputes.
Arbitration
Any dispute arising from or relating to these Terms or our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except:
- Small claims court disputes
- Disputes seeking injunctive relief
- Disputes related to intellectual property rights
Class Action Waiver
You agree to bring claims only in your individual capacity and not as part of any class, consolidated, or representative action. Class arbitrations and class actions are not permitted.
Time Limitation
Any claim must be brought within one (1) year after the cause of action arises, or it will be permanently barred.
Termination
Termination by You
You may stop using our services at any time. You may opt out of communications as described in our Privacy Policy.
Termination by Us
We reserve the right to:
- Suspend or terminate your access to our services
- Remove or disable content you submit
- Take any action we deem necessary for violations of these Terms
Effect of Termination
Upon termination:
- Your right to use our services ceases immediately
- Provisions that by their nature should survive will remain in effect
- We may delete your account and information
Modifications to Terms
We may modify these Terms at any time by:
- Posting updated Terms on our website
- Updating the “Last Updated” date
- Providing notice through email or text message for material changes
Your continued use of our services after changes constitutes acceptance of the modified Terms. If you do not agree to changes, you must stop using our services.
General Provisions
Entire Agreement
These Terms, together with our Privacy Policy and any written service agreements, constitute the entire agreement between you and QBYB regarding our services.
Severability
If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.
Assignment
You may not assign or transfer these Terms or your rights under these Terms. We may assign these Terms without restriction.
No Agency
These Terms do not create any agency, partnership, joint venture, or employment relationship between you and QBYB.
Force Majeure
We are not liable for delays or failures in performance resulting from circumstances beyond our reasonable control.
Notices
Notices to you may be provided through email, text message, or posting on our website. Notices to us should be sent to:
Qualify Before You Buy Address: [Insert Physical Address] Email: [Insert Email Address] Phone: [Insert Phone Number]
Contact Information
For questions about these Terms, please contact us:
Lion Home Loan’s LLC
dba Qualify Before You Buy
NMLS# 2748302
Address: 1823 W Wayne Ln, Anthem, AZ 85086, United States
Phone: (623) 203-6803
Email: info@qualifybeforeyoubuy.com
For SMS/text message support, reply HELP to any message.
Acknowledgment
BY USING OUR WEBSITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND OUR PRIVACY POLICY.