Terms of use and text messaging.

Terms of use

This site is information, not an offer

Nothing on hushsell.com is an offer to buy or sell any property, or a promise of any specific price, timeline or outcome. Every property is different and every number depends on the property.

Accuracy

We work to keep this site accurate and current, but we make no warranty that it is complete or error-free, and we may change it at any time.

Your use of the site

Do not use this site to break the law, scrape it, or interfere with it. Content, copy and design belong to HUSH SELL LLC.

The site comes as it is

This website is provided as-is and as-available. To the fullest extent the law allows, we disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement as they apply to the site, and we do not warrant that it will be uninterrupted, error-free, or free of harmful components. This paragraph is about the website. It does not touch any promise we make to you in a signed purchase agreement, and it is not a disclaimer of anything we owe you in a transaction.

Limitation of liability

To the fullest extent the law allows, HUSH SELL LLC and its members, managers and employees are not liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost data or business interruption, arising out of your use of this website — even if we were told such damages were possible. For any claim arising out of the website itself, our total liability is limited to one hundred dollars.

What this does not limit. Nothing here limits liability for fraud, fraudulent misrepresentation, gross negligence, willful misconduct, or death or personal injury caused by our negligence; nothing here limits any obligation we take on in a signed purchase agreement; and nothing here waives any right you have that cannot be waived under the law of your state. Some states do not allow certain exclusions, and where that is so, these limits apply only as far as that state permits and no further.

Indemnity

If you use this site in a way that breaks the law or these terms — scraping it, attacking it, misusing what is on it, or infringing someone's rights — you agree to cover the reasonable costs we incur because of it. This runs to misuse of the website only. It does not apply to a seller or an investor doing business with us in good faith, and it does not shift the ordinary risks of a transaction onto you.

If we have a dispute

We would rather fix it than fight about it, so before either of us files anything, the one with the problem sends the other written notice describing it and what would resolve it, and we have thirty days to work it out. Most things end here. Send ours to the address at the bottom of this page.

If thirty days pass without a resolution, either of us may go to court. We have deliberately not put a forced arbitration clause or a class action waiver on this page. If the notice period does not resolve it, you keep every option the law gives you, including small claims court in your own county, which stays available to either of us at any time regardless of anything else in this section.

Governing law and where a case is heard

These website terms are governed by the law of the State of Georgia, without regard to its conflict-of-law rules, and a case about this website is heard in the state or federal courts serving Fulton County, Georgia.

Property is different, and this is the important part. Anything concerning a specific property — the purchase agreement, the deed, disclosures, financing, foreclosure, or how a sale is closed — is governed by the law of the state where that property sits, and heard where that state requires, no matter what this page says. Real estate law is local. We are not going to try to move your transaction to Georgia by putting a sentence on a website, and any provision on this page that would have that effect does not apply to your transaction.

Signing and receiving things electronically

Most of what we do is signed electronically, and an electronic signature is as binding as an ink one under the federal E-SIGN Act and your state's equivalent law. By signing that way you agree to receive the agreement, the disclosures and the notices electronically. To read them you need a device with a current browser, an email address, and the ability to save or print a PDF — and we send you a copy of everything you sign, on the day you sign it, without your having to ask.

You can withdraw that consent, or ask for paper instead, at any time and at no cost — call, text or email and say so, and we will send paper and continue on paper. Choosing paper does not change your price or your place in line. If your email address changes, tell us so the copies keep reaching you.

Links to other sites

Where this site links somewhere else, that site is not ours and we do not control what it says or how it handles your information. Their terms apply once you leave.

Changes, and the rest of it

We may update this page; the date at the top is the effective date, and material changes apply going forward, not backward. Your signed agreement is not changed by anything we post here. If any part of these terms is found unenforceable, the rest stays in force and the unenforceable part is narrowed to what the law allows rather than thrown out entirely. If we do not enforce something once, we have not given it up. Where this page and a signed agreement between us disagree, the signed agreement wins.

Text messaging terms

These are the terms for text messages between you and HUSH SELL LLC.

• Who is texting you. HUSH SELL LLC, a real estate investment company in Atlanta, Georgia.
• How you opt in. Two ways, and both of them start with you: call or text the number on this site, or enter your number in the chat box on this page. Either way you are starting the conversation and consenting to receive text messages back from us about your property, your buy box, or whatever you contacted us about. We do not buy or rent phone number lists, and we do not text anyone who has not given us their number.
• Promotional messages are a separate yes. The chat box on this page has two consent boxes, both empty until you check them. The first covers replies about your inquiry. The second, and only the second, covers promotional texts — new off-market properties, buy box matches, and occasional updates from us. You can say yes to one and not the other. Neither is a condition of buying anything from us or selling anything to us.
• What we send. Replies and follow-ups about your specific property or inquiry — offer details, scheduling, documents, and questions we need answered. If you checked the second box, we may also send property announcements and updates that fit what you told us you are looking for.
• How often. Message frequency varies. Conversation messages follow your conversation, so there is no set schedule. Promotional messages, if you asked for them, are occasional — we would rather send you one that fits than ten that don't.
• Cost. Message and data rates may apply, depending on your mobile plan. We do not charge you anything to text us.
• How to stop. Reply STOP to any message and we stop immediately. Reply HELP for help, or just call the number.
• Carriers. Mobile carriers are not liable for delayed or undelivered messages.
• Your information. How we handle what you tell us is set out under Privacy above, including the fact that we never share text messaging opt-in data with anyone.