Privacy/Terms of Use

Privacy Policy

We respect the privacy of each user of the Site (referred to as “you” or “a user”), whether you are just beginning your real estate search or have already become a client and/or customer. This Privacy Statement gives you specific information about how we protect your privacy, how we treat information we collect on the Site that identifies an individual user (“Personal Information”), and how we use aggregated information. BY REGISTERING FOR OR USING THE SITE, YOU SIGNIFY YOUR ACCEPTANCE OF THIS PRIVACY STATEMENT AND OUR TERMS OF USE. IF YOU DO NOT AGREE TO THIS PRIVACY STATEMENT, PLEASE DO NOT ACCESS OR USE ANY PART OF THE NEXT DAY HOME SALES® SITE. We reserve the right to modify this Statement at any time. Your continued use of the Services following the posting of changes to this policy will mean you accept those changes. If we make any material changes to this Privacy Policy, we will post the updated Privacy Policy here and may notify you by email or by means of a notice on our website.

Acceptance of Terms

By accessing or using any part of the Next Day Home Sales® (NDHS) or the services provided on it or other Web sites as set forth below (collectively, the “Services”), you agree to accept and comply with the terms, conditions, and notices stated herein and as may be modified by Next Day Home Sales® from time-to-time without notice to you (the “Terms of Use”). These Terms of Use constitute a binding contract between Next Day Home Sales® and you. You are responsible for regularly reviewing the Terms of Use. If you do not wish to be bound by these Terms of Use, please do not access or use any part of the Next Day Home Sales®.

Additional terms may govern use of certain Web sites or Web pages within the Next Day Home Sales®. In the event that any provision, term or guideline contained on a particular Web site or Web page in the Next Day Home Sales® conflicts with the Terms of Use, the terms of such Web site or Web page shall control over the Terms of Use except with respect to the General Terms set forth below, which shall at all times control.

Your Privacy is Very Important to Us

Next Day Home Sales® (NDHS) places the highest importance upon maintaining your privacy when you use our Web site. Please read the following to learn more about our privacy policy. This privacy policy applies to the use of nextdayhomesales.com.

About our Site

This is the Web site of the Next Day Home Sales® Inc. residential real estate brokerage. Maryland Reg. # 609330. Our postal address is: 553 Cedar Spring Street Gaithersburg, MD 20877.

Omar Mohammed, JD – Founder, Chief Executive Officer, Broker.

As founder, Omar set out to reinvent real estate in the seller’s favor, one transaction at a time by creating a business model to ensure absolute broker fidelity to seller clients by virtually eliminating conflicts of interest inherently created by dual agency. Omar created the Next Day Home Sales® brand as a better home selling model for REALTORS® who are experienced real estate listing brokers to directly list and sell residential real estate for top dollar for sellers through cooperation not competition with other real estate professionals.

As CEO for Next Day Home Sales Inc., Omar helps provide strategic direction for the company at large. As an active listing broker in Montgomery County, Maryland, Omar is committed to listing and selling homes at or above list price and ensuring top dollar for sellers of residential real estate.

Omar graduated from the University of Maryland, College Park in 1992 and received his Juris Doctorate from Nova Southeastern University Sheppard Broad Law Center in Fort Lauderdale, Florida in 1995 where he pursued careers in criminal law, Federal law enforcement and real estate. Omar started his real estate career with Long & Foster Real Estate, Inc.®. Omar is an active Member in good standing of the Maryland Association of Realtors and National Association of Realtors.

Fun Facts about Omar:

  • Member, Federal Law Enforcement Officers Association
  • Member, Fraternal Order of Police
  • Member, International Police Association, United States Section
  • Member, Alpha Phi Sigma, National Criminal Justice Honor Society
  • Maryland Certified Police Instructor
  • Associate Member, Maryland Sheriffs’ Association
  • Associate Member, Maryland Chiefs of Police Association
  • Former Member, Association of Trial Lawyers of America
  • Cert. of Appreciation for Outstanding Service, Office of the State’s Attorney for Montgomery County, MD, 1991
  • Letter of Appreciation for Outstanding Service, Chief, District Court Division, Office of the State’s Attorney for Prince George’s County, MD, 1994-1995
  • Adjunct Instructor, Criminal Justice Department, Montgomery College, MD, 1995-2000
  • 2nd degree black belt and Instructor, TaeKwonDo and Hapkido, 1984
  • Maryland State Heavyweight TaeKwonDo Champion, 1987
  • Heavyweight Boxing Champion, Toughman Contest as seen on FX, Miami, FL, 2001

How We Use Information

We use collected information to make available and to improve our high standard of reliable services. We use such information to:

• respond to inquiries or service requests and monitor such responses;

• provide information about and market our products or services or those of Next Day Home Sales’ affiliated service providers, brokers and agents;

• resolve problems; and

• manage the Web Site and assess its usage.

Public Record Information: Please be aware that home sales and purchases are a matter of public record, and your name and address, the price you paid, your property taxes, and other information will be available from public sites regardless of the brokerage(s), if any, who assist in the transaction. We post on our Sites some information that typically becomes part of the public record of a home sale or purchase.

  • Non-Public Record Information: We share information obtained from you that is not public record in order to facilitate your home purchase or sale transaction.
    • Service Providers to all NDHS Clients: Our listing brokers/agents work with third parties to process your home search and sale transaction, and must share your information with those third parties. Examples include MLSs and providers of software used for document preparation and electronic signing.
    • Partner Brokers/Agents: A Partner Broker/Agent is employed by or works with another brokerage, but has teamed up with us to provide NDHS-quality service to a wider range of customers. We’ll refer you to a Partner Broker/Agent in our discretion (for brokerage transactions outside our service area and/or to assist you with the purchase of your next home). If you are referred to a Partner Broker/Agent for your home purchase or sale transaction, we share your information with that Partner Broker/Agent so they can assist you.
    • Home Seller Service Providers: We share your listing information with MLSs and other listing websites, such as Realtor.com, Trulia.com and Zillow.com. We also share your listing information with listing vendors such as photographers, home staging experts and home repair professionals like plumbers and electricians, as needed.
    • Home Buyer Service Providers: We may share your buying information with Partner Brokers/Agents, inspectors, title companies, escrow agents, closing attorneys, lenders, and other third parties as needed to help process your transaction.
    • Potential Buyers: By law, we are required to disclose to potential buyers certain information you provide about your property.

  • Registered NDHS Site Users


    We are required to obtain your name and email address as a condition of our licenses with the multiple real estate listing services (the MLSs) in order to allow you to access the full MLS listings. You give us this information when you create your NDHS account and this Privacy Policy and our Terms of Use apply. In addition, when you are signed in to your NDHS account and using NDHS through any third-party authorization service, we may make use of the data that they provide us.

    NDHS Clients
    When you are getting ready to buy or sell a home and you start working with our listing brokers/agents and/or partner brokers/agents, you become a NDHS Client. As part of the home purchase or sale process, you will need to provide a lot of information as is customary for a home purchase or sale transaction. This information can include, without limitation, your name, address, phone number, email address, buyer loan pre-approval documentation and seller property information. We ask you, as a buyer working with our partner brokers/agents, for loan pre-approvals from a mortgage broker or lender to determine which homes are in your price range, and to help you make an offer more quickly when you do find a home. You, as a seller, are legally required to disclose certain information about your property to prospective buyers. Once you sign a Listing Agreement with us or Buyer Agreement with our partner brokers/agents, your relationship with NDHS is governed by that agreement, as well as our online Terms of Use and this Privacy Policy.

    Cookies

    A cookie is a small data file, often including an anonymous unique identifier that is sent from a web site’s computer and stored on your computer’s hard drive. Use of cookies is common on the Internet. A web site can send its own cookie to your browser if your browser’s preferences allow it, but (to protect your privacy) your browser permits a web site to access only the cookies it has already sent to you, not the cookies sent to you by other sites. You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is sent. (Each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences.) You can reset your browser to refuse all cookies or indicate when a cookie is being sent. But if you refuse cookies, some parts of the Site will not function properly and may not provide services or information you have requested.

    Non-Personal Information

    Like many sites, we obtain Non-Personal Information such as IP (internet protocol) addresses, browser types, the name of your ISP (internet service provider), information about where a user comes from before arriving at our Site, what pages a user visits, the order of those pages, and the amount of time spent on each. A vendor performs this service for us by sending a cookie to gather this information, compile it, and report to us. We use Non-Personal Information to customize the advertising and content you see, improve our services, conduct research, and provide anonymous aggregated reporting for internal audits and third-parties.

    Sharing Your Information

    We do not rent, sell, or share with third parties the Personal Information we collect from you on this Site except (i) to provide information or services that you have requested, (ii) with your permission, or (iii) under the following circumstances:

    A. Third party vendors we engage to provide services on our behalf, such as hosting, web-site development, and support, have access to Personal Information, but they have agreed not to disclose the Personal Information or to use it for any purpose other than providing the requested services.

    B. There may arise special circumstances where it is necessary for us to disclose and use Personal Information and Non-Personal Information, such as: to enforce this Privacy Statement or any other part of our Terms & Conditions; to protect our property or rights; to protect the safety of anyone; to investigate, prevent, or take action regarding illegal or improper activities; to carry out a merger or consolidation with another entity, a sale or transfer of some or all of our assets, or any similar transaction; or for other reasons we determine in good faith are necessary, appropriate, or required by law, such as when we respond to subpoenas, court orders, or other legal or administrative process.

    The Site contains links to third-party web sites, which may include an insurance company, mortgage company, advertisers, or banner advertising. If you hold your mouse over a link, it will indicate whether clicking the link will send you off our Site. When you click on those links, you will go to a third-party site where you will be subject to that site’s privacy statement and we encourage you to read that policy statement. Please be aware that we are not responsible for the privacy practices of those other web sites and we expressly disclaim any liability for their actions, including actions relating to the use and disclosure of Personal Information by those third parties. We remind you to be aware of when you leave our Site and enter a third-party web site, including one of our independent Franchisees, and again encourage you to read the privacy statement on any web site that collects your Personal Information.

    Ad Servers

    Using Next Day Home Sales® Site

    While using the Site, you will not:

    • post content or items in an inappropriate category or areas on the Sites;

    • violate any laws, third party rights, or our policies;

    • use the Sites if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Sites;

    • fail to deliver payment in any transaction for any Third Party Goods or Services (as defined below) provided to you by a third party purveyor, unless that third party has materially changed the good or service from what was originally listed, a clear typographical error is made, or you cannot authenticate the third party purveyor’s identity;

    • fail to deliver goods or services purchased from you, unless the interested third party fails to meet the posted terms, or you cannot authenticate the interested third party’s identity;

    • manipulate the price of any good or service or interfere with other user’s listings;

    • circumvent or manipulate our fee structure, the billing process, or fees owed to Next Day Home Sales®;

    • post false, inaccurate, misleading, defamatory, or libelous content (including personal information);

    • transfer your Next Day Home Sales® account (including feedback) and User ID to another party without our consent;

    • distribute or post spam, chain letters, or pyramid schemes;

    • distribute viruses or any other technologies that may harm Next Day Home Sales®, or the interests or property of the users of Next Day Home Sales® Site;

    • copy, modify, or distribute content from the Site and Next Day Home Sales’ copyrights and trademarks;

    • harvest or otherwise collect information about users, including e-mail addresses, without their consent; or

    • copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative works from, frame in another web site, use on any other web site, transfer or sell any information obtained from this web site, without written permission from Next Day Home Sales, Inc.

    Content License

    When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity and database rights (but no other rights) you have in the content, in any media known now or in the future.

    Changes & Corrections

    From time to time, we make our customer e-mail list available to Next Day Home Sales’ affiliates whose products or services we think you might find interesting.

    If you supply us with your postal address online you may receive periodic mailings from us with information on new products and services or upcoming events. If you do not wish to receive such mailings, please let us know by sending us an e-mail at the address listed above. Please provide us with your exact name and address. We will be sure your name is removed from the list we share with our affiliates.

    Persons who supply us with their telephone numbers or other contact information online may receive telephone, electronic, mail and/or facsimile contact from us with information regarding inquiries they have placed online.

    Upon request we offer visitors the ability to have inaccuracies corrected in any personal information they have volunteered or in any communications that the consumer/visitor has directed to the site. Consumers can have this information corrected by sending us an e-mail at the address listed above.

    Policy Changes

    Occasionally we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will post the policy changes to our Web site to notify you of these changes and provide you with the ability to opt out of these new uses. If you are concerned about how your information is used, you should check back at our Web site periodically.

    Data Security

    Our hosting services maintain its systems in accordance with reasonable industry standards to reasonably secure the information of its customers. However, no data transmission over the Internet can be guaranteed to be 100% secure. “Perfect security” does not exist on the Internet, and you use the Site at your own risk.

    Children

    The Site is meant for adults. We do not knowingly collect personally identifiable information from children. This Site is not directed to minors under the age of 18 (“minors”), and we do not knowingly collect any information, including Personal Information, from minors. You represent that you are 18 years of age or older. Persons under 18 are not authorized to use this Site or any Service.

    Location of Servers and Transfer of Information to the United States

    The Site may be hosted by servers both in and out of the United States. If you are located outside of the United States, your Personal Information will be transferred to the United States. By submitting your Personal Information, you consent to its transfer to the United States and to its storage, processing, and use there in accordance with this Privacy Statement.

    Lost or Stolen Information

    You must promptly notify us if you become aware that any information provided by or submitted to this Web Site is lost, stolen, or used without permission.

    Scope of This Privacy Policy

    This privacy policy only applies to nextdayhomesales.com. The site contains links to sites operated and maintained by third parties over which we have absolutely no control. Please be aware that these sites may collect information about you, and operate according to their own privacy practices that may differ from this privacy policy. Remember that once you are outside the sites, any information you submit is outside of our control.

    Questions or Concerns

    If you have any questions about this privacy policy, you may write to us at: 553 Cedar Spring St. Gaithersburg, MD 20877.

    All trademarks, service marks, and other proprietary materials herein are the property of NEXT DAY HOME SALES®. 2006-2015. All rights reserved.

    ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY Next Day Home Sales® Corporation.

    General Terms of Use and Disclaimers

    NEXT DAY HOME SALES®, INC. (NDHS) Web site

    Terms and Conditions for Website Users

    Welcome to the Next Day Home Sales® site (the “web site”, or “site”). These terms of use govern your use of the Next Day Home Sales® website – (www.nextdayhomesales.com) (defined to include all properties (mobile, Web or otherwise) owned and operated by Next Day Home Sales®), related data, and/or related services (collectively, “Services”). Your use of our website constitutes your acceptance of these terms of use. Read these provisions carefully and print out a copy for your records.

    MLS Terms of Use

    Our data provider(s) require you to acknowledge that you’re considering NDHS as your Maryland real estate brokerage.

  • You are entering into a lawful consumer-broker relationship with NDHS as defined by applicable state law. Any information you obtain from the NDHS website is intended for your personal, non-commercial use.
  • You have a bona fide interest in the sale of real estate on the NDHS website.
  • You will not copy, redistribute, or retransmit any of the information provided except in connection with your consideration of the purchase or sale of an individual property.
  • You acknowledge that the individual multiple listing service (MLS), which supplies the listing data, owns such data and you acknowledge the validity of the MLS’s copyright to such data.
  • NDHS also explicitly authorizes MLS employees, MLS members, or their duly authorized representatives to access NDHS’s website for the purposes of verifying compliance with MLS rules and monitoring the display of Participants’ listings on NDHS’s site.
  • In addition to the above terms, registered users also agree to the NDHS Terms of Use and Privacy Policy, which apply to all users of the NDHS website.

    What you should know.

    Next Day Home Sales® is a full service “exclusive right to sell” listing real estate brokerage in the state of Maryland. We specialize in providing full service residential real estate brokerage services to sellers in Montgomery County, MD; as well as referral services to consumers outside our service area (local service outside the state of Maryland is provided thru our Next Day Home Sales Preferred Broker/Agent Referral Program.) By logging on to Next Day Home Sales.com, you are authorizing Next Day Home Sales to refer you to one of our preferred brokers/agents for real estate brokerage services if you are outside our service area, and Next Day Home Sales will receive a referral fee or other valuable consideration for such referral. Clients and Users understand and expressly agree that neither Next Day Home Sales nor Next Day Home Sales brokers/agents shall have any liability for any acts or omissions of a Preferred Brokerage and/or referral in any respect. Clients and Users further understand and expressly agree that Preferred Brokerages are independent third parties and are not affiliated with or licensed or operated by Next Day Home Sales, Inc.

    We do not handle or provide real estate brokerage services for rentals, short sales, foreclosures (third-party sales); only standard residential home sales. We generally do not provide real estate brokerage services to home buyers, only referral services. INTEGRITY – PUTTING A SELLER’S BEST INTERESTS FIRST.™ At Next Day Home Sales®, all we do is list homes and sell homes and our seller loyalty is truly undivided.

    You must be: a) at least the age of majority in the state where you live to use the Site, and b) a resident of the United States.

    The Site is provided solely for information purposes. User must be a prospective seller of real estate with a bona fide interest in the sale of such real estate. Please read our Terms of Use (the “Terms”) carefully before continuing on with your use of the Next Day Home Sales® Web site. These Terms shall govern the use of the Web site and apply to all Internet traffic visiting the Web site. By accessing or using this Web site, you agree to the Terms. The Terms are meant to protect all of our Web site visitors and your use of this Web site signifies your agreement with these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS WEB SITE. Next Day Home Sales® reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting. By using this Web site after we have posted notice of such modifications, alterations or updates you agree to be bound by such revised Terms.

    In accordance with our goals, this Web site may permit you to link to other Web sites, that may or may not be affiliated with this Web site and/or Next Day Home Sales®, and that may have terms of use that differ from, or contain terms in addition to, the terms specified here. Your access to such Web sites through links provided on this Web site is governed by the terms of use and policies of those sites, not this Web site.

    LINKS.

    This Web site may contain links to other Web sites (“Linked Sites”). The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk. The content of any Linked Sites is not under Next Day Home Sales’ control. Next Day Home Sales® is not responsible for, and does not endorse, such content, whether or not Next Day Home Sales® is affiliated with the owners of such Linked Sites. You may not establish a hyperlink to this Web site or provide any links that state or imply any sponsorship or endorsement of your Web site by Next Day Home Sales, or its affiliates or Providers.

    DISCLAIMER OF WARRANTIES AND LIABILITY.

    ALL CONTENT ON THIS WEB SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, NEXT DAY HOME SALES® DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER NEXT DAY HOME SALES®, ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. NEXT DAY HOME SALES® DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE.

    All material presented herein is intended for information purposes only. While, this information is believed to be correct, it is represented subject to errors, omissions, changes or withdrawal without notice. All property information, including, but not limited to square footage, room count, number of bedrooms and the school district in property listings are deemed reliable, but should be verified by your own attorney, architect or zoning expert.


    Limitation of Liability: You may not be able to access our Site or the Services for a number of reasons, such as, but not limited to: causes beyond our reasonable control; natural catastrophes; governmental actions or omissions; laws or regulations; terrorism; labor strikes or difficulties; Viruses created by third parties; communication system breakdowns; hardware or software failures; our inability to confirm your identity or your authority to act; changes that we make in our user access requirements; our inability to procure the supplies or materials needed to support this Site or the Services; or our inability to access third party networks, systems and services that we need to communicate with you or provide the Services. We assume no responsibility if this Site or any Service cannot be provided, contains errors, or is delayed due to any of these events, or due to an incorrect e-mail address or other contact information provided by you. The information and services provided by the Site or Services are not intended for investing, trading or business purposes, and do not constitute investment advice, or legal, medical or other professional advice. We have no liability for any loss or damage you suffer as a result of relying on the Site, Services or any Content provided by either. You assume the entire risk of use of, and all risks as to the quality and performance of, the Site, Services and any Content provided by either. We make no representation that the operation of the Site or Services will be uninterrupted, timely, secure or error-free. Our aggregate liability to you in connection with this Agreement, the Site and the Services during any twelve (12) month period will not exceed the greater of one hundred dollars ($100) or the amount of fees we collect from you in connection with the Service(s) in question for the twelve (12) months preceding the cause giving rise to your claim.

    Purchases: The Site or Services may permit you to purchase goods and services from various third-party online or offline merchants, retailers, vendors, suppliers, services, or individuals (collectively, “Merchants”). The Web pages from which you conduct such transactions may bear our logos, names, trademarks or service marks, or brand identity. Nonetheless, we have no responsibility for any of your transactions with any such Merchants, and make no guarantees, representations or warranties regarding any of them. We shall not be responsible for any loss or damage you or anyone else incurs as a result of such transactions or Merchants.

    Use at Your Own Risk.

    We provide the material available through this Web Site for informational purposes only. You may use the content, information, data and materials (“Information”) from, and the products and services available through, this Web Site solely for your personal and non-commercial use. Before you act on any information you have found on this Web Site, you should independently confirm any facts that are important to your decision. IF YOU RELY ON ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH THIS WEB SITE, YOU EXPRESSLY AGREE THAT YOU DO SO SOLELY AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY INFORMATION, PRODUCT OR SERVICE.

    YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. YOU (AND NOT NEXT DAY HOME SALES®) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER NEXT DAY HOME SALES®, NOR ITS AFFILIATED OR RELATED ENTITIES (INCLUDING ITS PROVIDERS), NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE, IS RESPONSIBLE OR 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 THIS WEB SITE OR ANY OTHER LINKED SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEXT DAY HOME SALES AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR 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 APPEARING ON THIS WEB SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEXT DAY HOME SALES® IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, NEXT DAY HOME SALES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THIS SITE IS NOT INTENDED AS AN OFFER OR INVITATION TO BUY OR SELL SECURITIES.

    If you are dissatisfied with any portion of the Web Site or related services, or with any of these terms of use, your sole and exclusive remedy is to stop using the Web Site and related services.

    OBLIGATIONS OF HOME SELLERS DOING BUSINESS WITH NEXTDAYHOMESALES®

    By doing business with NDHS and/or completing the home selling contact form on this site, you agree that:

    a. You are of legal age (adult) and are otherwise capable of forming a legally binding contract. You represent that you are 18 years of age or older. Persons under 18 are not authorized to use this Site or any Service;

    b. You are interested in selling real property you legally own and hold title to which is located in Maryland (currently, NDHS only serves home sellers in Montgomery County, MD), (otherwise, you will be referred to one of our Preferred Brokers/Agents));

    c. You do not have an exclusive contractual or other arrangement with any real estate professional or broker;

    d. You agree to have your property listed on multiple third-party websites (aka “listing syndication”) for maximum market listing exposure (note: each third-party publisher typically has their own Terms of Use (sometimes known as the End User License Agreement, or EULA) that define how your listing information may be used by them which NextDayHomeSales® may not have control over);

    e. You agree to be contacted by phone, e-mail and/or other means by NextDayHomeSales® or a member, partner broker/agent or affiliate of NextDayHomeSales® regarding your property or interest in selling your property regardless of the fact that you may be listed in a do not call registry;

    f. Sellers agree to complete all required disclosures as part of their home selling process and authorize NextDayHomeSales® Brokers/Agents to make them available to prospective purchasers, including, but not limited to: (1) the “Maryland Residential Property Disclosure or Disclaimer Statement”; (2) “Information and Disclosure of Lead-Based Paint and Lead-Based Paint Hazards”; (3) “Protect Your Family From Lead in Your Home”; (4) “Maryland Lead Paint Disclosure and Notice Statement”; (5) “Understanding Whom Real Estate Agents Represent”; (6) “Consent for Dual Agency”; (7) “Government Regulations, Easements and Assessments Disclosure and Addendum”; (8) “Inclusions/Exclusions Disclosure”; and (9) NAR Pamphlet, “What Everyone Should Know About Equal Opportunity in Housing”;

    g. You agree that your property shall be made available to all persons without regard to race, color, religious creed, ancestry, national origin, sex, marital status, disability, presence of children, family responsibilities, sexual orientation, source of income, age or gender identity; and

    h. You have the responsibility to protect your own interests. You should carefully read all agreements to make sure they accurately reflect your understanding. NextDayHomeSales® is qualified to advise you on real estate brokerage matters only. If you need legal or tax advice, it is your responsibility to consult a licensed attorney or accountant.

    Real Estate Services.

    NextDayHomeSales® Corporation is a local and licensed real estate brokerage company operating in the state of Maryland, USA via various medium, such as by phone, mail, email and/or web form. Web site users may make requests for help selling a home they own. By making such requests, the Web site user authorizes NextDayHomeSales® to share the user’s personal information including their home search history, favorites and saved searches to a real estate professional in order to satisfy the user’s request. When Web site users make such requests to NextDayHomeSales® they are extending an express invitation for NextDayHomeSales®, or another appropriate entity or person, to contact the user.

    INDEMNIFICATION.

    You agree to indemnify, defend, and hold harmless Next Day Home Sales® and the Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms.

    TERMINATION.

    Next Day Home Sales® may terminate your access to and use of the Web Site, or any part thereof, with or without notice.

    THIRD PARTY RIGHTS.

    These Terms are for the benefit of Next Day Home Sales® and its Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.

    JURISDICTIONAL ISSUES.

    Unless otherwise specified, the content contained in this Web site is presented solely for your convenience and/or information. This Web site is controlled and operated by Next Day Home Sales® from its office(s) within Montgomery County, Maryland. Next Day Home Sales® makes no representation that content in its Web site is appropriate or available for use in other locations. Those who choose to access this Web site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export the materials in this Web site in violation of U.S. export laws and regulations. These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Maryland, as they are applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Next Day Home Sales® brings to enforce these Terms, or in connection with any matters related to this Web site, shall be brought only in either the state or Federal courts located in Maryland and you expressly consent to the jurisdiction of said courts. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

    TRADEMARKS, COPYRIGHTS AND RESTRICTIONS.

    This Web Site is controlled and operated by Next Day Home Sales® Corporation, (office) 240-495-5726 telephone. All content on this Web Site, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by Next Day Home Sales® or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively “Providers”) that have licensed their content or the right to market their products and/or services to Next Day Home Sales®. Content on this Web Site or any web site owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use. You may print a copy of the content and/or information contained herein for your personal, non-commercial use only, but you may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of Next Day Home Sales® or the Providers. You may request consent by sending us a written request to: Next Day Home Sales, Inc. 553 Cedar Spring Street Gaithersburg, MD 20877. Without the prior written consent of Next Day Home Sales® or the Providers, your modification of the content, use of the content on any other web site or networked computer environment, or use of the content for any purpose other than personal, non-commercial use, violates the rights of the owners of the Next Day Home Sales® site and/or the Provider copyrights, trademarks or service marks and other proprietary rights, and is prohibited. As a condition to your use of this Web Site, you warrant to Next Day Home Sales® that you will not use our Web Site for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. If you violate any of these Terms, your permission to use our Web Site immediately terminates without the necessity of any notice. Next Day Home Sales® retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms. You may not use on your web site any trademarks, service marks or copyrighted materials appearing on this Web Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another web site any of the content or other materials on this Web Site without prior written consent of Next Day Home Sales®. Unless explicitly specified or with separate, written permission from Next Day Home Sales®, you may not and agree that you will not:

    • copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative works from, frame in another web site, use on any other web site, transfer or sell any information obtained from this Web Site or any part thereof;

    • use or permit others to use the Web Site in any manner that could damage, disable, overburden, or impair the Web Site or interfere with any other party’s use and enjoyment of the Web Site;

    • use or permit others to use the Web Site to attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Web Site;

    • use or permit others to use the Web Site to violate any applicable local, state, national or international law or regulation;

    • access or attempt to access password protected, secure or non-public areas of the Web Site; or

    • create links from any web site or web page to any page within the Web Site, and you agree that if Next Day Home Sales®, in its sole and unfettered discretion, requests in writing that you remove any link or links to the Web Site, you will promptly do so.

    Violation of These Terms of Use.

    We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of this Web Site, or to identify, contact or bring legal action against you or anyone else who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of this Web Site, including our clients and customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

    You acknowledge and agree that we may preserve and store any communication by you with us through this Web Site or any service offered on or through this Web Site, and may also disclose such data if required to do so by law or we determine that such disclosure is reasonably necessary to (1) comply with legal process, (2) enforce this Usage Agreement, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Next Day Home Sales®, its employees, users of or visitors to this Web Site, and the public.

    Without limiting any other portion of these Terms of Use, you agree that we may, in our sole discretion and without prior notice, terminate your access to this Web Site and/or block your future access to this Web Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of this Web Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Next Day Home Sales® may have at law or in equity.

    Information Sharing/Reselling.

    By using the Web site and inputting personal information the user understands that Next Day Home Sales® will use such information for internal purposes and with your permission or upon your request may also provide that information to affiliated companies or persons. Next Day Home Sales® takes care to see that user information is not transmitted to unauthorized persons or the general public but is not liable for such information transmission due to theft, hacking, listing syndication or software errors.

    Information Aggregation.

    Next Day Home Sales® is not responsible for any errors in displayed information or delays in displaying information. All information on the Web site is either transmitted to Next Day Home Sales® from other entities or persons or was obtained through publicly available government sources. Issues of data accuracy may be brought to the attention of Next Day Home Sales® by sending feedback but it is likely that such information accuracy cannot be corrected by Next Day Home Sales® and the entity or person that generated the information must be appealed to. For example: incorrect listing information can only be changed by the 3rd party listing agent under our terms with the MLS.

    TRANSMIT.

    If you post, upload, submit or otherwise transmit any content on or through the Next Day Home Sales® Site, you agree to provide true, accurate and complete information and to refrain from impersonating any person or entity and from falsely representing your affiliation with any person or entity. Any submission of such information will be subject to the nextdayhomesales.com Privacy Policy.

    UPDATES.

    Next Day Home Sales® reserves the right to make changes to the Web Site and these Terms of Use at will. You should visit this page from time to time to review the then-current Terms of Use. If you use this Web Site following any such change, you agree to follow and be bound by the Terms of Use as changed. If any change is unacceptable to you, your only recourse is to stop using the Web Site and related services.

    SERVER OR OTHER TECHNOLOGICAL ISSUES.

    Next Day Home Sales® and the Affiliated Websites may, from time to time, may not operate optimally, at normal speed, with full functionality, or at all. In our sole discretion, at any time we may choose to shut down Next Day Home Sales® and/or the Affiliated Websites for any amount of time. The decision to shut down and re-enable Next Day Home Sales® and/or the Affiliated Websites, in whole or in part, rests solely with us. By utilizing Next Day Home Sales® and the Affiliated Websites, you understand and agree that they are provided “AS-IS” and that, while we strive to provide a seamless and satisfying experience for all of our users, Next Day Home Sales® assumes no responsibility for the temporary unavailability of the Applications or the timeliness, transport, outage, deletion, mis-delivery or failure to store/retrieve any user commands, data, communications or personalization settings in connection with Next Day Home Sales® and the Affiliated Websites.

    Google Analytics.

    Our website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

    WEBSCRAPING OF LISTING & PROPERTY DATA IS NOT ALLOWED.

    Crawling the Next Day Home Sales.com and network sites is allowed for inclusion in web search engine results only. Webscraping, downloading or webcrawling of any property or other data for inclusion in another real estate search site, content aggregator, or any other purpose is strictly forbidden without prior written consent from Next Day Home Sales®.

    Registering an Account on Next Day Home Sales.com.

    By registering for a Next Day Home Sales® account you are agreeing to the following terms and conditions as well as the MLS Terms of Use.

    All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. You certify that you will not upload or post inappropriate content such as profanity, obscenity, libelous content, etc.

    You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content (in perpetuity) in any and all media or distribution methods (now known or later developed). The most common public uses for content today are in the user forums and paired with a public review left by you for a particular agent.

    The foregoing license (i) does not grant us any ownership of such Content and (ii) does not obligate us to do any of the things that the license permits (for instance, we are not obligated to display your Content).

    In addition, you represent and warrant to us that: (a) you have the right to grant to us the foregoing license and that all rights of publicity and privacy and all so-called moral rights in such Content have been waived; (b) that each person that created or appears in such Content has explicitly consented to your uploading and Submitting the Content and using their name; (c) that we will owe no residuals, royalties or other fees in connection with making such Content available on the Site; (d) that such Content does not and will not violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, trade secret, privacy, publicity, moral rights, or other personal or proprietary rights or contain libelous, defamatory, obscene, or otherwise unlawful material; and (e) that you are at least 18 years old (adult).

    You understand that the technical processing and transmission of your Content may involve transmission over various networks and technical and format changes to conform and adapt to requirements of the Service. You are solely responsible for the consequences of Submitting your Content. We reserve the right to remove or decline to post any Content without notice.

    Internet Access: In order to use the Site and Services, you must at your own expense obtain access to the Internet, pay any service fees and telephone or other telecommunications charges (including but not limited to long-distance charges and wireless charges) associated with such access, and provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device.

    Mobile Services: If you access the Site or Services via a mobile device, you are responsible for any charges that you may incur from your carrier or other third parties. If you provide us with your mobile number, you agree to promptly update it if it changes, so that we do not inadvertently send text messages to someone else who later acquires your old number.

    Providing Information to Us: Some Services may require that you provide us with information about yourself (for example, your name, date of birth, home address, telephone number, e-mail address, and credit card number). If you choose to use such Services, you agree that all such information you provide will be accurate and that you will keep all such information up to date. You agree to notify us if there is a change in any of the information you provide. You represent that you are 18 years of age or older. Persons under 18 are not authorized to use this Site or any Service.

    Using the Services: You will need to provide us with your User ID and password in order to gain access to certain Services. You will receive each after the registration process is completed. You agree not to disclose your password to others, and to notify us immediately if you believe its confidentiality has been compromised. You agree to log off your account at the end of each session, so that no one else can gain access to the Services through your account. We reserve the right to log off accounts that are inactive for an extended period of time. You are responsible for all use made of your account. You may not allow others to access or use the Services without our prior written consent.

    We may change, add or delete some or all of the Services available at this Site without prior notice. Certain Services may be subject to limitations that are not expressly stated in this Agreement (e.g., the maximum size, number, content and duration of storage of Content maintained in our system; limitations on access; the duration that records are maintained; the timeliness of information provided by the Services). Please check the other portions of this Site for additional details. Any added services shall be subject to this Agreement unless explicitly stated otherwise. Some Services depend on the availability of third party networks and services. We assume no responsibility if this Site or a Service becomes unavailable for any reason or fails to meet your requirements, or if any Service provides inaccurate or untimely information.

    PROHIBITED ACTIVITIES.

    You are specifically prohibited from any use of this Web Site, and you agree not to use or permit others to use this Web Site, for any of the following: (a) take any action that imposes an unreasonable or disproportionately large load on the Web Site’s infrastructure, including but not limited to “spam” or other such unsolicited mass e-mailing techniques; (b) disclose to, or share with, the assigned confirmation numbers and/or passwords with any unauthorized third parties or using the assigned confirmation numbers and/or passwords for any unauthorized purpose; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Web Site; (d) upload, post, emailing or otherwise transmitting any information, content, or proprietary rights that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (e) violating any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; and, (f) using any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy Our Web pages, or the Content without Our prior written permission, provided that generally available third party Web browsers such as Netscape Navigator®, Mozilla Firefox, Google Chrome, Safari, Opera and Microsoft Internet Explorer® may be used without such permission.

    Your Compliance with Laws and Site Guidelines: You agree to comply with all laws, rules and regulations that apply to your use of this Site and the Services. You also agree that you and any person with access to your account or password will not, directly or indirectly, in connection with or using the Site or Services:

    •Use the Site or Services for any illegal purposes or in any illegal fashion.

    •Violate or breach this Agreement, violate any law, rule or regulation, or facilitate or encourage any third party to do so or use the Site or Services in a manner that leads to a government complaint or investigation.

    •Abuse, harass, stalk, defame, impersonate, intimidate, humiliate, invade the privacy of, infringe the rights of (including intellectual property, trade secret, publicity, privacy, business, contractual and fiduciary rights) any third party or collect, store or Submit personal data about any third party.

    •Harm minors in any way.

    •Interfere with the functioning or any other person’s enjoyment of the Site, any Service, or any other website or any computer, computer software, computer network, telecommunications facility, server, computer database, website or Newsgroup, the Internet, the Web, the Service, or any other system or service owned or controlled by us or any third party (each of which is termed a “System”).

    •Sell, use, transmit, create, upload, submit, develop, distribute, post, publish or display (“Submit”) any Content: that we believe is abusive, libelous, obscene, hateful, harmful, threatening, harassing, malicious, discriminatory, misleading, unlawful, offensive, illegal, obscene, pornographic, vulgar, defamatory, offensive, dangerous, tortious, invasive of another””s privacy or infringing of another’s copyrights, trademarks, trade secret, rights of privacy or publicity or other rights, or otherwise inappropriate, or that contains nudity or is sexually explicit, or that constitutes or includes “junk mail,” “spam,” “pyramid schemes,” get rich quick or sexual solicitations, chain letters or any unsolicited or unauthorized advertising; that violates this Agreement; or that is or contains, accesses or activates any computer virus, worm, spyware, malware, spam, spim, Trojan Horse or other computer code that intentionally manifests contaminating, destructive, harmful, unexpected, unknown or undesired properties (each of which is termed a “Virus”).

    •Send unsolicited e-mail messages (including, without limitation, commercial advertising and informational announcements) to more than five (5) e-mail addresses within a short period of time, if such messages could reasonably be expected or do in fact provoke complaints; send unsolicited mass e-mail messages (e.g., to ten (10) or more e-mail addresses); send five (5) or more essentially identical messages to newsgroups, forums, e-mail mailing lists or similar groups or lists; send numerous unsolicited e-mail with requests for charitable contributions, petitions for signatures, or invitations to participate in a chain mail; or post messages, articles and other information on any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list which are substantially off-topic.

    •Use our copyrights or trademarks without our written permission. See the Legal Notices page for a list of some of our trademarks.

    •Use anyone else’s copyrights or trademarks without their permission.

    •Copy or download any Content on the Site or Services unless we have provided a “Download” button or other mechanism explicitly authorizing you to download the Content.

    •Used, copy, reproduce, distribute, transmit, broadcast, display, sell, license, download, or otherwise exploit any Content in any manner not intended by the normal functionality of the Site or Services or otherwise as prohibited under this Agreement.

    •Circumvent, disable or otherwise interfere with security-related features of the Site or Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or Services or any Content.

    •Submit anyone else’s financial, medical or other sensitive or confidential information on the Site or Services. Sensitive or confidential information includes a person’s sexual orientation or status as transgendered, unless you have the person’s permission or the information is already generally known.

    •Submit any Content depicting, incorporating, inciting, threatening or encouraging illegal activities, violence, or hate speech, or any Content intended to shock or disgust.

    •Attempt to, or actually, breach the security of or test the firewalls or the vulnerability of, or interfere with or disrupt or interfere with any third party’s use of, the Site, Service or any System or access an account that does not belong to you or send mass amounts of data or messages (“mail bombs”) to any person or System, with the purpose or effect of impeding the functionality of, or disabling, the recipient System.

    •Forge e-mail headers or other identifiers, impersonate another person or entity, or disguise any user name or the source or quantity of e-mail or other transmissions; use any Service as a mail drop for responses by others, or otherwise use the Site to facilitate activities by others that violate the intent of this Agreement; or relay e-mail without authority through any third-party system.

    •Share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.

    •Impersonate others, including one of our employees or representatives as well as other users or other people who are not users.

    •Provide any false personal information.

    •Create an account for anyone else without their permission.

    •Transfer your account to anyone else.

    •Solicit login information or access an account belonging to someone else.

    •Use the Site or Services if you are under 18 (not an adult) or not at least the age of majority in the jurisdiction where you reside or from which you use this Service.

    •Use the Site or Services if you are located in a country that the U.S. government has embargoed or has designated as a “terrorist supporting” country, or are on the U.S. Treasury Department””s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List.

    •Use the Site or Services if you are a convicted or registered sex offender.

    •Take any action that creates possible or actual legal or financial liability for us.

    PROPERTY LISTING DATA.

    Any listing data on this site IS NOT intended to be a representation of the complete Multiple Listing Service data for any of our MLS sources. All listing information is deemed reliable but not guaranteed. The data on this web site comes in part from Metropolitan Regional Information Systems (MRIS). The listings presented on behalf of MRIS may come from many different brokers but all MRIS listings may not be visible on this site. Information is believed to be reliable, but not guaranteed. The data relating to real estate on this website may also come in part from Broker Reciprocity/IDX (Internet Data Exchange) real estate listings held by brokerage firms other than Next Day Home Sales, Inc. and are marked with the Broker Reciprocity logo (IDX) and detailed information about them includes the name of the listing broker. IDX information is provided exclusively for consumers’ personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. Information on this website is provided exclusively for consumers personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. Listing data appearing on this web site does not necessarily reflect the entirety of all available listings within the Multiple Listing Service. All listing data is refreshed regularly, but its accuracy is subject to market changes. All copyrights and intellectual property rights are the exclusive property of the respective Multiple Listing Service. Whether obtained from a search result or otherwise, visitors to this web site may only use this listing data for their personal, non-commercial benefit. The unauthorized retrieval or use of this listing data is prohibited. All area school information is deemed reliable but is not guaranteed.

    FAIR HOUSING STATEMENT

    Next Day Home Sales®, fully supports the principles of the Fair Housing Act (Title VIII of the Civil Rights Act of 1968), as amended, which generally prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents of legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability). In addition, each and every Next Day Home Sales® franchised office is contractually required to comply, in all respects, with all laws, rules and regulations applicable to the real estate industry, including without limitation, the requirements imposed by the Fair Housing Act. As an adjunct to the foregoing commitment, Next Day Home Sales® actively promotes, and is committed to, creating and fostering an environment of diversity throughout its respective organization and franchise systems, and each views such a concept as a critical component to the on-going success of its business operations.

    Equal Housing Opportunity

    We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.

    MLS Disclaimers

    Metropolitan Regional Information Systems, Inc. (MRIS)

    © Metropolitan Regional Information Systems, Inc. All rights reserved. Listings provided by MRIS from various brokers who participate in IDX (Internet Data Exchange). Information deemed reliable but not guaranteed.

    MLS Terms of Use.

    Any information you obtain from the Next Day Home Sales® website is intended for your personal, non-commercial use. You have a bona fide interest in the purchase or sale of real estate on the Next Day Home Sales® website. You will not copy, redistribute, or retransmit any of the information provided except in connection with your consideration of the purchase or sale of an individual property. You acknowledge that the individual multiple listing service (MLS), which supplies the listing data, owns such data and you acknowledge the validity of the MLS’s copyright to such data. Next Day Home Sales® also explicitly authorizes MLS employees, MLS members, or their duly authorized representatives to access the Next Day Home Sales® website for the purposes of verifying compliance with MLS rules and monitoring the display of Participants’ listings on the Next Day Home Sales® site.

    Miscellaneous.

    Use of this Web Site by you for spamming is strictly prohibited. By using this Web Site, you agree not to use information concerning other users of this Web Site, or any items such users have listed or searched for on this Web Site (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose other than to explore the potential purchase or sale of the item. IDX information is provided exclusively for consumers’ personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. You may not post information directed to or collect personal information from any minor.

    The provisions and conditions of these Terms is governed by the laws of the State of Maryland, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Montgomery County, Maryland, U.S.A., in all disputes arising out of or relating to the use of this Web Site or the information, products or services available through this Web Site. Use of this Web Site or the information, products or services available through this Web Site is not authorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Next Day Home Sales® as a result of this Agreement or your use of this Web Site or the information, products or services available through this Web Site.

    You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

    You shall use this Web Site and the information, products and services available through this Web Site for lawful purposes only. Any conduct by you that in our judgment and discretion restricts or inhibits any other person from using or enjoying this Web Site or the information, products or services available through this Web Site will not be permitted.

    You agree that we may, in our sole discretion and without prior notice, terminate your access to this Web Site, [which includes any discontinuance or material modification of this Web Site or any service offered on or through this Web Site, or due to any unexpected technical issues or problems. We reserve the right to deny access to the site at our own discretion. Any and all rights not expressly granted herein are exclusively reserved to Next Day Home Sales®. You agree that Next Day Home Sales® will not be liable to you or to any third party for termination of your access to this Web Site as a result of any violation of these Terms of Use.

    You agree that any and all causes of action arising out of or relating to this Web Site or the information, products or services available through this Web Site shall be resolved individually, without resort to any form of class action.

    If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, all other terms and conditions shall remain in full force and effect.

    Failure by Next Day Home Sales® to enforce any provision of this Usage Agreement will not be deemed a waiver of future enforcement of that or any other provision of this Usage Agreement.

    Force Majeure.

    Neither party shall be responsible for delays or failure of performance resulting from acts beyond the reasonable control of such party. Such acts shall include, but not be limited to, God, strikes, walkouts, riots, acts of war, epidemics, failure of suppliers to perform, governmental regulations, power failure(s), earthquakes, or other disasters.

    You also may be subject to additional terms and conditions that apply when you use or purchase certain other products or services from Next Day Home Sales®.

    Information on this website is deemed reliable, but not guaranteed. Use of this site implies an understanding of these terms and conditions.

    Notice to Home Buyers.

    Next Day Home Sales® generally does not represent home buyers, only home sellers. In each real estate contract submitted to a party by a real estate broker, for use in the sale of a single-family dwelling shall contain, the buyer has the right to select the buyer’s own: (1) title insurance company;(2) settlement company;(3) escrow company; (4) mortgage lender, or financial institution as defined in the Financial Institutions Article; or (5) title lawyer. The seller may not be prohibited from offering owner financing as a condition of settlement.

    When you submit information to Next Day Home Sales® for Maryland real estate brokerage services, you authorize us to share this information to facilitate the services you request by matching you with our network of participating brokers, agents, lenders, real estate professionals or other parties involved in your transaction. A user must provide detailed information about themselves or realty request such as your name, phone number, e-mail address, property address, and price range. By providing this information to us, or by submitting a request thru our Site, by phone, email, fax, mail, or other medium of communication, you expressly consent to being contacted by us and by any of our partners, affiliates, or service providers via phone, email, mail or other reasonable means, at any of your contact numbers or addresses, in order that we may provide the services set forth on our Web site or for other reasonable purposes related to our business.

    OBLIGATIONS OF PARTNER BROKERS/AGENTS (“RECEIVING BROKER/AGENT) RECEIVING REFERRALS AND DOING BUSINESS WITH NEXTDAYHOMESALES®

    By entering into a written referral agreement with NDHS, you agree that:

    a. You hold an active real estate license in the United States;

    b. You are required to provide us written confirmation of your active real estate license from your appropriate state real estate commission prior to rendering services in connection with a real estate transaction involving the Referred Client;

    c. You agree to abide by Referred Client’s particular property needs, such as (home buyer rebates, incentives, concessions, etc.) in consideration for receiving said referral by NDHS; and

    d. You agree to abide by all the terms and conditions of the Next Day Home Sales Referral Agreement.

    e. Referral fees are owed to Next Day Home Sales on any properties a referred client ends up buying or selling within an 18 month period from the time of referral.

    ENTIRE AGREEMENT.

    The provisions and conditions of these Terms, and each obligation referenced herein, represent the entire Agreement between Next Day Home Sales®, its affiliated or related entities, and you, and supersede any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between these Terms and any future published terms of use or understanding, the last published Terms or terms of use or understanding shall prevail. ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY NEXT DAY HOME SALES® CORPORATION.