Terms and Conditions

Welcome to MarlauInvestments.com

These terms and conditions outline the rules, regulations and conditions for the use of the MarlauInvestments.com Website and related services and is a binding agreement between the user and MarlauInvestments.com and Marlau Investments Inc. and contain warranty and liability disclaimers.

By accessing and using the MarlauInvestments.com website you are unconditionally and irrevocably agreeing to these Terms and Conditions and Privacy Policy in full as detailed herein. If you decline to accept these Terms and Conditions do not use, access or browse the MarlauInvestments.com website. Please exit immediately.

The following terminology applies to these Terms and Conditions:

“You” and “Your” refers to you, the person accessing this website and accepting these Terms and Conditions.

“MarlauInvestments.com”, “We”, and “Our”, refers to Marlau Investments Inc., and MarlauInvestments.com and OutFactors.com which are Internet websites owned and operated by Marlau Investments Inc.

“Party”, “Parties”, or “Us”, refers to both You, the person accessing this website and accepting the Company’s terms and conditions and MarlauInvestments.com and Marlau Investments Inc.

“Agreement” refers to these Terms and Conditions and the Privacy Policy of MarlauInvestments.com and Marlau Investments Inc.

“Website” refers to the MarlauInvestments.com website on the Internet at: http://www.MarlauInvestments.com Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

General Terms

By accessing and using MarlauInvestments.com You agree to abide by all applicable local, state, national, and international laws and regulations. You also agree to conduct Yourself in socially responsible manner and refrain from bullying, foul language or any other disruptive or generally socially unacceptable behavior.

MarlauInvestments.com is only for personal non-commercial use by U.S. residents aged 18 years and over. If You do not qualify, please immediately cease from accessing the MarlauInvestments.com Website. We reserve the right to refuse to allow access to the MarlauInvestments.com Website to anyone, at any time, and for any reason or no reason, in our sole discretion.

Registered Services

Some of our services may be restricted to registered users. If You wish to use these additional services, You agree to register prior to MarlauInvestments.com granting You access and shall provide accurate, current, and complete information, including Your name, address, telephone number and email address. This information shall be periodically updated to keep it accurate.

Only the registered user shall access and use the registered account. You may not let another user use or access Your account or assign or sell Your account with MarlauInvestments.com to anyone else. You are responsible for securing the confidentiality of Your user name and password and are directly responsible for all activity that occurs under Your user account. You must notify MarlauInvestments.com immediately of any unauthorized use of Your account at Fraud@MarlauInvestments.com.

License

MarlauInvestments.com grants You, the individual user, a limited, non-exclusive, non-transferable license to access and use the MarlauInvestments.com Website.

All content and materials on Our Website, including, but not limited to text, images, audio, video, information, data, and computer code are the property of MarlauInvestments.com and Marlau Investments inc. or is licensed to MarlauInvestments.com by third parties. All of Our content is protected by U.S. and international intellectual property laws and treaties. You are permitted to access our content only through the non-commercial use of the MarlauInvestments.com Website. Nothing in these Terms and Conditions grants You any license or right to use any of Our concepts, terms or proprietary terminology or business concepts. We reserve all rights, title and interest not expressly granted under this license to the fullest extent permitted by law.

You must not:

  • Republish material from http://www.MarlauInvestments.com
  • Sell, rent or sub-license material from http://www.MarlauInvestments.com
  • Reproduce, duplicate or copy material from http://www.MarlauInvestments.com
  • Redistribute content from http://www.MarlauInvestments.com

User Comments

Certain parts of the MarlauInvestments.com Website may offer the opportunity for users to post and exchange opinions, information, material and data (“Comments”) in areas of the Website. MarlauInvestments.com does not screen, edit, publish or review Comments prior to their appearance on the Website and Comments do not reflect the views or opinions of MarlauInvestments.com, Marlau Investments Inc., its agents or affiliates.

Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws MarlauInvestments.com and Marlau Investments Inc. shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on Our Website. MarlauInvestments.com reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.

You warrant and represent that:

  • You are entitled to post the Comments on our Website and have all necessary licenses and consents to do so;
  • The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other
  • proprietary right of any third party;
  • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy; and
  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant to MarlauInvestments.com and Marlau Investments Inc. a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of Your Comments in any and all forms, formats or media.

Not Legal or Professional Advice

We are not attorneys and MarlauInvestments.com and Marlau Investments Inc. is not engaged in rendering legal, tax or other professional advice or services. We strongly encourage You to engage legal, tax or other professionals to assistance as You deem appropriate to review agreements and forms provided by MarlauInvestments.com and Marlau Investments Inc to You.

Unlimited Indemnification

You agree to an indemnify, defend, and hold harmless MarlauInvestments.com and Marlau Investments Inc., its employees, directors, officers, agents, affiliates, contractors and licensors from and against all losses, damages, expenses and costs including reasonable legal fees arising out of or in any way related to:

  • Violation or alleged violation by You of these Terms and Conditions or any applicable law;
  • Your use and access to the MarlauInvestments.com, whether proper or improper;
  • Comments posted on the MarlauInvestments.com Website; and
  • You infringe on the copyright or intellectual property rights of any party.

You agree not to settle any claims concerning Your use or misuse of the MarlauInvestments.com Website claim or matter without the prior written consent of MarlauInvestments.com. We reserve the right to assume the exclusive defense and control of any claim subject to indemnification by You, and You further agree that You will cooperate fully in the defense of any such claims and reimburse MarlauInvestments.com and Marlau Investments Inc. for the cost of such defense including reasonable legal fees and court cost.

Consent to Contact

If You provide a telephone number to MarlauInvestments.com, You expressly agree that We may contact You at that number to offer You Our services, products and promotions, including via text message and/or by using automated telephone technology. You acknowledge that standard message and data rates may apply. You can opt-out of text messages by replying “STOP” to the sender and can request that We cease calling. You represent and warrant that You are the authorized subscriber or permitted user for the telephone number(s) You have provided. If You provide, or have provided, an email or mail address to MarlauInvestments.com, You agree that We may provide notices to You through such means as well as marketing and promotional material.

Hyperlinks

The following organizations may link to our Website without prior written approval:

  • Government agencies;
  • Search engines;
  • News organizations; and
  • Online directory distributors when they list MarlauInvestments.com in the directory.

These organizations may link to the MarlauInvestments.com home page or to our Website publications so long as the link:

  • Is not in any way misleading;
  • does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and
  • Fits within the context of the linking party’s site.

We may consider and approve, in our sole discretion, other link requests from
other entities that We deem are ethical and in the best interest of MarlauInvestments.com.

If a person or entity is interested in linking to our Website please send an email request
to Links@MarlauInvestments.com. Please include your name, your organization name, contact
information, as well as the URL of your site, a list of any URLs from which you
intend to link to our Website, and a list of the URL(s) on our site to which you would like to link.

Pre-authorized organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator (Web address) being linked to; or
  • By use of any other description of our Website or material being linked to that makes sense within the context and format of content on the linking party’s site.
  • The use of the MarlauInvestments.com’s logo or other artwork is not permitted for linking without entering into a trademark license agreement with Marlau Investments Inc.

All hyperlinks are subject to the following policies

Without the prior approval and express written permission from MarlauInvestments.com, You may not create frames around our web pages or use other techniques that alter in any way the visual presentation or appearance of our Website.

We reserve the right at any time and in our sole discretion to request that You remove all links or any particular link to our Website. You agree to immediately remove all links to our Website upon such request.

We reserve the right to amend these Terms and Conditions and its
linking policy at any time, in our sole discretion.
By linking to our Website, You agree to be bound to and abide by these Terms and Conditions.

Offers

Marlau Investments Inc. and OutFactors.com which is owned and operated by Marlau Investments Inc. is in the business of buying homes as-is on an all cash basis for a quick close. To request an offer to purchase Your home You will need to answer 4 simple questions, provide Your contact information and be the owner or legally represent the owner of the home. Once We receive the offer request We will evaluate the property to determine if it is in a service area and if it meets our purchase parameters. If it is a property We wish to purchase We will make an offer to purchase the property. If We are not interested in purchasing the property We will notify You that We will not be submitting an offer and the reason why. Our reasons for not making an offer can vary day to day, week to week, and is based upon current market conditions, changes in our purchase parameters and other proprietary factors which We may change at anytime, in our sole discretion.

When Marlau Investments Inc. and/or OutFactors.com make an offer to purchase a property,
they are not acting as Your real estate agent or broker. We are merely acting as a purchaser
of real estate. As a seller, You have the responsibility to independently evaluate
the offer and decide whether to accept the offer.

Not an Appraisal

Marlau Investments Inc. and OutFactors.com are not real estate appraisers. All of the offers We make are based upon the publicly available information, the information provided by the sellers and our proprietary property evaluation system. The offer takes into consideration our risk, time and cost to perform needed repairs which are not part of a typical appraisal. Simply put, the offer is the price Marlau Investments Inc. is willing to pay for the house under the terms and conditions detailed in the offer.

Accepting an Offer

If You decide to accept the offer from Marlau Investments Inc., We will provide You with a Texas Real Estate Commission promulgated purchase and sale contract governing the sale of the home. Once that is fully executed, the parties will be bound by the terms of the purchase and sale contract. In the event of any conflict between the executed purchase and sale contract, this Agreement or the terms of the offer, the terms and provisions in the executed purchase and sale contract shall prevail to the fullest extent permitted by law.

Venue

The use of the MarlauInvestments.com Website and these Terms and Conditions will be governed by the laws of the state of Texas, without regard to its provisions relating to conflict of laws.

Entire Agreement

This Agreement contains the entire agreement of the Parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of these Terms and Conditions and the Privacy Policy. This Agreement supersedes any prior written or oral agreements between the parties.

Assignment

We may assign, without Your consent, all or some of our rights or obligations under this Agreement to any party at any time without notice to You. You may not assign Your rights or obligations under this Agreement, by operation of law or otherwise, without the prior written consent of Marlau Investments Inc.

Severability

If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

Amendment

This Agreement may only be modified in writing by Marlau Investments Inc. in their sole discretion.

Notice

Any notice or communication required or permitted under
this Agreement shall be sufficiently given if delivered in
person or by certified mail, return receipt requested, to
Marlau Investments Inc., 539 W. Commerce Street, Suite 1205, Dallas, TX 75208,
or to such other address as one Party may have furnished to the other in writing.

Waiver of Contractual Rights

The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that Party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.

Limited Liability

Under no circumstances or event shall MarlauInvestments.com, Marlau Investments Inc. and/or OutFactors.com be held liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with Your use of the MarlauInvestments.com Website or Our services in connection with any failure of performance, errors, omissions, interruptions, defects, delays in operation, computer virus or system failures in any way related to Our Website, services or content. This includes but is not limited to the inaccuracy of any reports, analysis, agreements, contract forms or other documents available through or provided by MarlauInvestments.com Marlau Investments Inc. and/or OutFactors.com.

You agree that neither MarlauInvestments.com, Marlau Investments Inc. and/or OutFactors.com, their employees, affiliates, or agents involved in the creation, production and distribution of our services, is liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from the use or attempted use of the MarlauInvestments.com Website and the services We provide. This includes but is not limited to any claim or damage arising from failure of performance, omission, errors, interruption, defect, delay, theft, destruction, computer virus, unauthorized access to or alteration of personal records, or the reliance upon or use of data, information, opinions or other materials provided by MarlauInvestments.com Marlau Investments Inc. and/or OutFactors.com or accessed through Our Website(s).

It is further agreed that MarlauInvestments.com, Marlau Investments Inc. and/or OutFactors.com is not liable or responsible for any defamatory, offensive or illegal conduct of their users or any third parties.

Nothing in this agreement shall affect warranties or legal rights which are incapable of exclusion or restriction under applicable local, state or federal law.

Warranty and Assumption of Risk

You, the user, agree and acknowledge that to the fullest extent permitted by law the MarlauInvestments.com Website, content and Our Services are provided on an as-is, as-available basis, with all faults and without any warranties, express or implied. MarlauInvestments.com, Marlau Investments Inc. and/or OutFactors.com, Our agents, employees and Our affiliates fully disclaim all warranties relating to our Website, content and services including the implied warranty of merchantability, use of reasonable care, skill, fitness for a particular purpose, quality, title, non-infringement, accuracy, quiet enjoyment and value, and any warranty arising from trade, usage and dealing.

The use of the MarlauInvestments.com Website, services and content are at Your own discretion with the full knowledge of the risks involved. You are responsible and assume all risk from the use of the MarlauInvestments.com Website, content or any of Our services. This includes the risk of damage to data storage devices, mobile devices, computer systems or other the property You use to access our Website, whether owned, borrowed, or just used by You.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY MARLAUINVESTMENTS.COM AN MARLAU INVESTMENTS INC.