Terms of Service for Smith Realty Avenues LLC
Effective Date: September 27, 2025
IMPORTANT NOTICE: These Terms of Service constitute a legally binding agreement between you ("User," "Buyer," "Seller," or "you") and Smith Realty Avenues LLC ("Company," "we," "us," or "our") governing your use of our services, including but not limited to accessing property listings, submitting property information, and participating in real estate transactions facilitated by us.
1. Acceptance of Terms
By accessing or using our services, you confirm that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree with all of these Terms of Service, then you are expressly prohibited from using the Services and you must discontinue use immediately.
2. Nature of Smith Realty Avenues LLC Services (Wholesaling)
2.1. Wholesaling Definition
Smith Realty Avenues LLC is a real estate investment company specializing in wholesaling. We acquire or contract to acquire real property and assign that contract to a third-party investor (Buyer) for a fee, or we may execute a double closing.
2.2. No Brokerage Services
We are NOT a licensed real estate broker or agent. We do not represent Buyers or Sellers in a traditional agency capacity, nor do we provide advice on buying or selling real estate beyond the scope of our direct transaction interests. We do not provide legal, financial, or tax advice.
2.3. Property Status
All properties presented by Smith Realty Avenues LLC are offered on an “AS-IS” basis, without representation or warranty of any kind, express or implied, regarding condition, occupancy, boundaries, or title status, unless otherwise explicitly stated in a separate written agreement (e.g., Purchase and Sale Agreement).
3. User Obligations and Due Diligence
3.1. Independent Investigation (Buyers/Investors)
If you are an investor or buyer, you acknowledge and agree that you are solely responsible for conducting your own independent inspection, verification, and due diligence concerning any property, contract, or information provided by us before committing to a purchase. This includes but is not limited to:
Physical inspections of the property.
Verification of all financial data, repair estimates, and market valuations.
Reviewing title reports and legal documentation.
3.2. Financial Responsibility
You acknowledge that Smith Realty Avenues LLC is not responsible for your financial decisions or the ultimate success or failure of any real estate investment made by you.
4. Intellectual Property and User Content
4.1. Ownership
All content and materials provided by us, including text, graphics, logos, and property data (excluding property-specific public information), are the property of Smith Realty Avenues LLC or its licensors and are protected by intellectual property laws.
4.2. Submissions
Any property information or leads submitted to us ("User Submissions") are done so voluntarily. You grant Smith Realty Avenues LLC a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and distribute your User Submissions for the purpose of carrying out our business (i.e., analyzing, marketing, and selling the property).
5. Disclaimers and Limitation of Liability
5.1. Disclaimer of Warranties
Our services are provided on an "AS-IS" and "AS-AVAILABLE" basis. We disclaim all warranties, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
5.2. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Smith Realty Avenues LLC, its principals, or employees be liable for any indirect, punitive, incidental, special, or consequential damages (including, without limitation, damages for loss of profits, data, or other intangibles) arising out of or in connection with the use of, or inability to use, our services, even if we have been advised of the possibility of such damages.
6. Governing Law and Dispute Resolution
6.1. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of [Insert State of Company Registration], without regard to its conflict of law principles.
6.2. Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms, you and Smith Realty Avenues LLC agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating arbitration or court proceedings.
7. Modifications
We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the "Effective Date" of these Terms of Service. Your continued use of the Services after the date such revised Terms of Service are posted constitutes your acceptance of the changes.
8. Contact Information
If you have questions or comments about these Terms of Service, please contact us at:
Smith Realty Avenues LLC
[111 8th Street SW]
Email: [[email protected]]
Phone: [(470) 826-0851]