Terms of Use

Effective Date:

5/22/25

Last Updated:

5/22/25

1. Acceptance of Terms

Welcome to Highest Or Best, a DBA of Dm Funnel Inc ("we," "us," "our," or "Company"). These Terms of Use ("Terms") govern your access to and use of our website, services, and any related applications or platforms (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, please do not use our Services.

2. About Our Services

Highest Or Best is a marketing-first real estate agency that provides multiple property selling solutions. We are

not traditional Realtors

– we are marketers who specialize in real estate sales. Our services include:

Traditional Listing Services ("List It") with enhanced marketingCash Offer Services through our investor networkFix and List Programs for property improvement and optimizationReal Estate Professional Partnership ProgramsMarketing consultation and strategy services

3. Eligibility and User Accounts

3.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our Services. By using our Services, you represent and warrant that you meet these requirements.

3.2 Account Registration

Some features of our Services may require you to create an account. You agree to:

Provide accurate, current, and complete informationMaintain and update your information as neededKeep your account credentials secureNotify us immediately of any unauthorized use at [email protected] responsibility for all activities under your account

4. Use of Our Services

4.1 Permitted Use

You may use our Services for lawful purposes related to:

Exploring property selling optionsRequesting property valuations and market analysesScheduling consultations and meetingsAccessing educational content about real estate salesCommunicating with our team

4.2 Prohibited Use

You agree NOT to:

Use our Services for any illegal or unauthorized purposeViolate any applicable laws or regulationsImpersonate any person or entityTransmit spam, viruses, or malicious codeAttempt to gain unauthorized access to our systemsUse automated systems (bots, scrapers) without permissionInterfere with the proper functioning of our ServicesCollect user information without consentUse our Services to compete with our business

5. Property Valuations and Market Information

5.1 Estimates and Projections

Any property valuations, market analyses, or price estimates provided through our Services are:

Estimates only and not guaranteesBased on available data and market conditions at the timeSubject to change based on property inspections and market fluctuationsNot appraisals and should not be relied upon for legal or financial decisions

5.2 Market Information

Market data and trends shared are for informational purposes only and should not be considered investment advice. We recommend consulting with qualified professionals for specific financial decisions.

6. Real Estate Services and Agreements

6.1 Professional Relationship

Use of our website does not create a client relationship or agency representation. Such relationships are established only through signed written agreements.

6.2 Listing Agreements

When you enter into a listing agreement with us:

We will provide the services outlined in the signed agreementWe reserve the right to market your property using various channels and methodsYou grant us permission to use property information and images for marketing purposesStandard real estate disclosures and local regulations apply

6.3 Cash Offer Services

For our cash offer services:

Offers are provided by third-party investors in our networkWe do not guarantee any specific offer amount or termsCash offers are typically below market value in exchange for speed and convenienceYou are not obligated to accept any offer presented

6.4 Fix and List Programs

For renovation and improvement services:

All work will be performed by licensed contractorsCosts and timelines are estimates subject to changeYou maintain ownership of your property throughout the processAdditional terms will be outlined in separate service agreements

7. Intellectual Property

7.1 Our Content

All content on our Services, including text, graphics, logos, images, videos, and software, is owned by Highest Or Best or our licensors and is protected by intellectual property laws. You may not:

Copy, reproduce, or distribute our content without permissionUse our trademarks or logos without authorizationCreate derivative works based on our contentRemove copyright or proprietary notices

7.2 User Content

When you submit content to our Services (reviews, photos, comments), you grant us a non-exclusive, royalty-free license to use, display, and distribute such content for business purposes, including marketing and promotional activities.

8. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to our data practices as described in the Privacy Policy.

9. Third-Party Services and Links

Our Services may contain links to third-party websites or integrate with third-party services (such as MLS systems, social media platforms, or payment processors). We are not responsible for:

The content or practices of third-party sitesThe availability or functionality of external servicesAny transactions or interactions with third parties

10. Disclaimers and Limitations

10.1 Service Availability

We strive to maintain our Services, but we do not guarantee:

Uninterrupted or error-free operationCompatibility with all devices or browsersAvailability at all timesAccuracy of all information provided

10.2 No Warranties

Our Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to:

MerchantabilityFitness for a particular purposeNon-infringementAccuracy or completeness of information

10.3 Limitation of Liability

To the maximum extent permitted by law, Highest Or Best shall not be liable for:

Indirect, incidental, special, or consequential damagesLoss of profits, data, or business opportunitiesDamages resulting from third-party actionsTotal liability exceeding the amount paid for our services

11. Indemnification

You agree to indemnify, defend, and hold harmless Highest Or Best, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including attorney fees) arising from:

Your use of our ServicesYour violation of these TermsYour violation of any rights of third partiesAny content you submit or transmit

12. Real Estate Specific Disclaimers

12.1 Licensing and Regulation

We are licensed real estate professionals operating under applicable state lawsAll real estate transactions are subject to local, state, and federal regulationsWe comply with fair housing laws and equal opportunity requirements

12.2 Market Conditions

Real estate markets are subject to fluctuationEconomic conditions may affect property values and sale timelinesWe cannot guarantee specific outcomes or timeframes

12.3 Professional Advice

Our Services do not constitute legal, tax, or financial adviceWe recommend consulting appropriate professionals for specialized guidanceYou should independently verify all information before making decisions

13. Termination

13.1 Termination by You

You may stop using our Services at any time. If you have an active service agreement, termination terms will be governed by that specific contract.

13.2 Termination by Us

We may terminate or suspend your access to our Services:

For violation of these TermsFor fraudulent or illegal activityFor non-payment of fees (where applicable)At our discretion with reasonable notice

13.3 Effect of Termination

Upon termination:

Your right to use our Services ceases immediatelyCertain provisions of these Terms survive terminationActive service agreements may continue under their specific terms

14. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective when posted on our website with an updated "Last Modified" date. Continued use of our Services after changes constitutes acceptance of the new Terms.

For material changes, we will provide reasonable notice through our Services or by email.

15. Geographic Scope and Governing Law

15.1 Service Areas

Our Services are available in specific geographic markets. Real estate services are provided only in areas where we are properly licensed.

15.2 Governing Law

These Terms are governed by the laws of California, without regard to conflict of law principles. Any disputes will be resolved in the courts of San Diego County, California.

16. Dispute Resolution

16.1 Informal Resolution

Before filing any legal action, you agree to attempt to resolve disputes by contacting us directly at [email protected].

16.2 Arbitration

If informal resolution fails, disputes may be subject to binding arbitration under the rules of the American Arbitration Association, except where prohibited by law.

16.3 Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class action lawsuits or class-wide arbitrations.

17. Miscellaneous

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and Highest Or Best.

17.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.

17.3 No Waiver

Our failure to enforce any right or provision does not constitute a waiver of such right or provision.

17.4 Assignment

We may assign our rights and obligations under these Terms. You may not assign your rights without our written consent.

17.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control.

18. Contact Information

If you have questions about these Terms of Use, please contact us:

Dm Funnel Inc DBA Highest Or Best

2417 Copper Way

Carlsbad, CA 92009

Phone: 760-330-4450

Email: [email protected]

Notice to California Residents:

Under California Civil Code Section 1789.3, California users are entitled to specific consumer rights information. You may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

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These Terms of Use are effective as of the date first written above and apply to all users of our Services.