Terms and conditions
This Terms of Service Agreement (this “Agreement”) is a binding agreement between you and First & Sold LLC. and its affiliated companies (collectively, “First&Sold,” “we,” “us,” or “our”) providing the terms and conditions for your use of our Services.
By “Services,” we mean all the products and services owned and operated by First&Sold, including the content, features, data, and software made available through https://firstandsold.com (the “Web Site”), our mobile applications, and other websites or applications we operate.
This Agreement contains warranty and liability disclaimers.
We may modify this Agreement from time to time and will post the amended agreement at https://firstandsold.com/terms. You will be deemed to have accepted this Agreement as amended if you continue to access our Services after any amendments are posted.
1. General Terms
1.1 Using Our Services
1.1.1 General Requirements
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.
Our Services are intended only for personal, non-commercial use by U.S. residents aged 18 years and over. If you do not qualify, please immediately discontinue use of our Services. We reserve the right to refuse to provide our Services to anyone at any time.
1.1.2 Registered Users
We reserve the right to restrict certain of our Services to registered users. In the event that any of our Services requires you to register prior to our granting you access, you agree to provide accurate, current, and complete account information, including but not limited to your name, address, telephone number, and email address, and to update this information as necessary to keep it accurate, current, and complete.
You may not sell, transfer, or assign your account with us to anyone else. You are responsible for maintaining the confidentiality of your account name and password and for all activities that occur while logged in under your account. You agree to notify us immediately at email@example.com of any unauthorized account use.
First&Sold grants to you a limited, non-exclusive, non-transferable license to access and use our Services in accordance with the terms and conditions set forth in this Agreement. First&Sold 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 specifically permitted under this Agreement is strictly prohibited.
You agree not to sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void.
1.1.4 Copyrights, Trademarks and Other Intellectual Property
All content and materials available through our Services, including, but not limited to text, images, audio, video, interfaces, information, data, and computer code, are the property of First & Sold (collectively, our “Content”).
Our Content, including any content licensed to us by third party content providers (the “Providers”), is protected by U.S. and international intellectual property laws and treaties. You are permitted to access our Content only through our Services and you may not copy, modify, sell, reproduce, distribute, republish, display, post, create derivative or collective works from, or transmit in any form our Content, in whole or in part, without our prior written consent, which may be subsequently revoked at our sole discretion. You may not reverse engineer or reverse compile any of our Services or the technology used to operate our Services. Nothing in this Agreement grants you any license or right to use our Content except as expressly stated in this Agreement.
You agree that you will not use our Services in any manner that infringes the rights of any third party. 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 notice of infringement under the Digital Millennium Copyright Act (“DMCA”) to:
First & Sold, c/o Legal Team
9890 S. Maryland Pkwy, Suite 200-A, Las Vegas, NV 89183
To find out what to include in the notice, click here to read the DMCA.
1.1.6 Other Restrictions
You agree that you will not use our Services to: (a) impersonate any person or entity or misrepresent your affiliation with any person or entity; (b) engage in spamming, flooding, harvesting of email addresses or other personal information, spidering, screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or any other information, including specifically, property listings available through our Services; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the computer code comprising or in any way making up a part of our Services; (d) violate any applicable local, state, national or international law; (e) send chain letters or pyramid schemes via our Services; or (f) attempt to gain unauthorized access to other computer systems through our Services.
You agree that you will not use our Services in any manner that could damage, disable, overburden, or impair our Services or interfere with any other party’s use and enjoyment of our Services.
If you submit to us or post through our Services any property listing, testimonial, comment, review, suggestion, or any work of authorship (collectively, a “submission”) including, without limitation, submissions about any of our products or services, such submission will not be confidential or secret, and may be used by us in any manner. Please do not submit or send any submission to us that you consider contains confidential or proprietary information. No submission sent to us will be considered or treated as confidential information. We do not pre-screen submissions and we will have no obligation to read any particular submission submitted or sent to us.
By submitting or sending a submission to us, you: (a) represent and warrant that the submission is original to you, that no other party has any rights thereto, and that any moral rights in such submission have been waived, and (b) grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such submission (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name.
1.2.1 No Warranty
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. FIRST & SOLD, ON BEHALF OF ITSELF, ITS AFFILIATES, AND THE PROVIDERS, DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE.
1.2.2 Assumption of Risk
YOU USE OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES, AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING ANY COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH OUR SERVICES), OR THE LOSS OF DATA THAT MAY RESULT FROM THE USE OF OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES.
ADDITIONALLY, YOU VISIT FIRST & SOLD’S 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 First & Sold 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
In no event shall First & Sold be held liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with your use of our Services or our Content or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure in any way related to our Services or our Content, including but not limited to the inaccuracy of any reports, tools, analyses, agreements, or forms available through our Services or our Content.
You agree that neither First & Sold, its affiliates, nor any of their respective employees, or agents involved in the creation, production and distribution of our Services or our Content, is liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from the use or attempted use of our Services or our Content, including but not limited to any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorized access to or alteration of personal records, or the reliance upon or use of data, information, opinions or other materials accessed through our services. Additionally, you agree that First & Sold is not liable or responsible for any defamatory, offensive or illegal conduct of third parties.
NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, NOTHING IN THIS AGREEMENT SHALL AFFECT WARRANTIES OR LEGAL RIGHTS, INCLUDING BUT NOT LIMITED TO RIGHTS TO DAMAGES, WHICH ARE INCAPABLE OF EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.
You agree to indemnify, defend, and hold harmless First & Sold, its officers, directors, employees, affiliates, agents, and licensors from and against all losses, expenses, damages and costs, 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 First & Sold. 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.
1.5 Governing Law
This Agreement will be governed by the laws of the state of Nevada, without regard to its provisions relating to conflict of laws.
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 First & Sold 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 First & Sold.
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.
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 First & Sold.
1.7 Consent to be Contacted; Notices
If you provide, or have provided, a telephone number to us, you expressly agree that we may contact you at that number in order to provide you with informational and service messages, including via text message and/or by using automated telephone technology. Standard message and data rates may apply. You can opt-out of text messages by replying “STOP” to the sender. 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.
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.
1.8 Affiliate Disclosure
Affiliate Partnerships: First&Sold participates in affiliate marketing and may allow affiliate links to be encoded on some of our pages. This means that we may earn a commission if/when you click on or make purchases via affiliate links.
As a policy, First&Sold will only affiliate with products, services, coaches, consultants, and other experts that we believe will provide value to our customers and followers.
You recognize that it remains your personal responsibility to investigate whether any affiliate offers will benefit you and will not rely solely on information provided by us.
1.9 Advertising Policy Compliance
We display ads on our website. As part of our commitment to providing a quality user experience, we adhere to Google AdSense policies which include, but are not limited to, not artificially inflating ad clicks, not displaying misleading ads, and not placing ads on pages with content that violates Google’s content policies.
We respect the integrity of the advertising experience on our site and all users are encouraged to respect this by not clicking on ads excessively or in a deceptive manner.
1.10 Privacy and Data Use
In compliance with Google AdSense and our affiliate partners, we may share certain data with third parties. This is to provide targeted advertising and to analyze the use of our services.
You can manage your cookie preferences through your browser settings. Please note that disabling cookies may affect the functionality of our and other websites that you visit.
2. Brokerage Representation and Referrals
The Brokerage has contractual relationships with certain multiple listing services (MLSs) that allow them to show you certain pictures and data related to listed and previously listed property. Unless you are a licensed agent, you agree:
- to use this data only for personal use, and not for commercial uses;
- that you will not redistribute or otherwise use the data except in connection with your consideration of the purchase or sale of an individual property; and
- that the MLS that supplies the data owns such data and has proprietary rights and copyright to such data.
2.1 Representation of First&Sold
In the event you choose to buy a FS Property home, First&Sold Brokerage will represent FS Property in the transaction.
2.1.1 Working with a First&Sold Partner Agent
If moving outside of Nevada, First&Sold Brokerage can refer you to a third-party agent that can represent you in your home purchase (“First&Sold Partner Agent”). Should you choose to work with that agent, the referring brokerage will receive a referral fee. However, we never require you to choose any particular agent to buy or sell a home.
2.1.2 First&Sold Buyers Agent
At your request, an agent will meet you to help facilitate visits to homes (“Home Tours”). Prior to a home tour, you will receive an email with information about your Agent. Please note that visiting a home with an Agent does not establish an agency or contractual relationship between you and that Agent.
2.2 Current First&Sold Brokerage Promotions
Please note that, from time to time, we may advertise estimates of what customers can receive pursuant to a given First&Sold 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 First&Sold representative for more details as to how these promotions apply to your home sale or purchase. Unless otherwise stated, First&Sold promotions may not be combined.
2.2.1 Buyer Contribution Incentive
In certain of our service areas, if you use a First&Sold to purchase a home, you can receive up to $2,500 in contributions towards your closing costs. The amount of contribution is calculated as 10% of First&Sold’s commission paid by the seller, net of fees, and not to exceed $2,500. It may also be reduced on the basis of purchase type (e.g., short sale), loan restrictions, or law. No funds can or will be paid outside of escrow.
2.2.2 Buy and Sell Incentive
Receive a rebate of 0.5% of the listing fee towards the closing costs of your next purchase when you list and sell your home and purchase a home with First&Sold. Not to exceed $5,000, in the form of a credit at closing. This amount may be reduced on the basis of purchase type (e.g., short sale), loan restrictions, seller contributions, or law. Offer does not apply for customers using First&Sold’s Buy Before You Sell program. No funds can or will be paid outside of escrow.
2.2.3 Buy before you sell Program
First&Sold will pre-purchase a home for sellers so they can move in and First&Sold can list and sell their existing home. You must receive an underwritten pre-approval letter from a qualifying lender and make an earnest money deposit of an agreed upon amount to make a qualifying offer. Review your program documents for full details.
2.2.4 Flat Fee Selling
List and sell with First&Sold for 5.25%. Included in the 5.25% is the buyer’s broker commission, Owner’s Title Policy, Real Property Transfer Tax, and Escrow Fee. The remainder is to be accepted as compensation for First&Sold’s services. Buyer’s agent commission may range from two percent to three percent at the discretion of First&Sold. A flat fee rate of 5.25% is reserved for homes listed over $600,000. Please speak to a First&Sold agent to discuss costs below $600,000.
This Agreement was last modified on November 6th, 2023.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY FIRST&SOLD.