Terms of Use

Welcome to Whitebox! Your new resource for easy Real Estate Solutions. In order to utilize this site, you must click below to agree to abide by all the following Terms and Conditions. Please understand that any use of Whitebox indicates that you have agreed to adhere to the Terms and Conditions below. Whitebox assumes no liability for user’s violations of the Terms and Conditions.

1. WELCOME TO WHITEBOX:

THE SERVICES PROVIDED BY WHITEBOX ARE NOT INTENDED, NOR SHOULD BE CONSTRUED AS LEGAL ADVICE, NOR REAL ESTATE ADVICE, NOR LENDER OR MORTGAGE ADVICE. WHITEBOX IS NOT LICENSED AS A REAL ESTATE SERVICE PROVIDER OR MORTGAGE PROVIDER AND ASSUMES NO LIABILITY FOR INFORMATION PROVIDED. IT IS IMPORTANT TO UNDERSTAND THAT WHITEBOX DOES NOT, NOR WILL NOT, REPRESENT YOU AS A REAL ESTATE BROKER OR SALESPERSON AND NO FIDUCIARY RELATIONSHIP IS CREATED UPON USING THE WHITEBOX SITE.

2. Use of the Services; Restrictions

a. Use of the Services. All users must be 18 years or older. By utilizing our sites, you agree that you are 18 years of age. Compliance with all Whitebox Terms and Conditions are expected, any violation of any of the Terms or Conditions may result in the loss of privileges to use our sites. No users may reproduce any portion or information on any of our sites for commercial use or for the benefit of third-party websites. Any unauthorized access or use of Whitebox shall result in permanent revocation of privileges and a referral to law enforcement agencies for investigation and potential prosecution.

b. Users may only replicate the information provided for personal use intended by Whitebox. No data or information provided by Whitebox may be used for commercial purposes.

c. All users have an affirmative legal obligation to only provide Whitebox accurate and honest information regarding real property, its uses, its zoning restrictions, its conditions, legal limitations on the property, and any and all other information or data regarding the real property. Whitebox strives to provide its users with accurate, real-time information. All users must agree to only upload, download, or otherwise post or provide ONLY accurate and verified information regarding any and all real property on the site.

3. Prohibited Use

BY USING THE SERVICES, YOU AGREE NOT TO:

a. Use information provided by Whitebox through the Services in making any loan-related decisions;

b. Reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of the Services, except as explicitly permitted under these Terms of Use;

c. Provide/post/authorize a link to any of the Services (including, but not limited to, an agent profile page) from a third-party website that is not a real estate-related website owned or operated by a real estate or lending professional or institution;

d. Remove or modify any copyright or other intellectual property notices that appear in the Services;

e. Use the Services for resale, service bureau, time-sharing or other similar purposes;

f. Use the Services in any way that is unlawful, or harms Whitebox, its service providers, suppliers, or any other user;

g. Impersonate another person or misrepresent your affiliation with another person or entity;

h. Reproduce, publicly display, or otherwise make accessible on or through any other Website, application, or service any reviews, ratings, and/or profile information about real estate, lending, or other professionals; underlying images of or information about real estate listings, or other data or content available through the Services, except as explicitly permitted by Whitebox for a particular portion of the Services;

i. Upload invalid data, viruses, worms, or other software agents to the Services;

j. Interfere with, or compromise the system integrity, or security of the Services, or otherwise bypass any measures Whitebox may use to prevent or restrict access to the Services;

k. Use any of Whitebox’s logo or trademark as part of your screen name or email address on the Services; or,

l. Attempt to/or permit/or encourage any third-party to do any of the above.

4. Privacy Policy

This privacy notice discloses the privacy practices for Whitebox. This privacy notice applies solely to information collected by our website. It will notify you of the following:

a. What personally identifiable information is collected from you through the website, how it is used and with whom it may be shared.

b. What choices are available to you regarding the use of your data.

c. The security procedures in place to protect the misuse of your information.

Information Collection, Use, and Sharing

We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you.

We will not sell or rent this information to anyone.

We will use your information to respond to you, regarding the reason you contacted us.

We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request.

Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

Your Access to and Control Over Information

You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:

  • See what data we have about you, if any.
  • Change/correct any data we have about you.
  • Have us delete any data we have about you.
  • Express any concern you have about our use of your data.

Security

We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.

Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for "https" at the beginning of the address of the Web page.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

5. Fees

a. Generally. You may be required to pay fees to access certain features of the Services. All fees are non-refundable. If Whitebox changes the fees for all or part of the Whitebox services, including by adding fees or charges, Whitebox will provide you advance notice of those changes. If you do not accept the changes, Whitebox may discontinue providing the applicable part of the Services to you. Whitebox’s authorized third-party payment processor will charge the payment method you specified at the time of purchase. You authorize Whitebox to charge all fees as described in these Terms of Use for the Services you select to that payment method. If you pay any fees with a credit card, Whitebox may seek pre-authorization of your credit card account before your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

6. User Materials

a. License Grant. Certain portions of the Services may allow users to upload or otherwise provide to Whitebox: images, photos, video, data, text, listings and other content (“User Materials”). By uploading or otherwise providing User Materials to the Services, you grant Whitebox an irrevocable, perpetual, royalty-free worldwide license to: (i) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of, or incorporate into other works, and translate your User Materials, in connection with the Services, or in any other media; and (ii) sub-license these rights, to the maximum extent permitted by applicable law. Whitebox will not pay you for your User Materials or to exercise any rights related to your User Materials set forth in the preceding sentence. Whitebox may remove or modify your User Materials at any time. You are solely responsible for all User Materials made through your user account(s) on the Services, or that you otherwise make available through the Services. For all User Materials, you represent and warrant that you are the creator and owner of the User Materials, or have the necessary licenses, rights, consents, and permissions (including all permissions required under applicable privacy and intellectual property law) to authorize Whitebox and other users to access and use your User Materials as necessary to exercise the licenses granted by you under these Terms of Use.

b. Disclaimer. Whitebox is under no obligation to edit or control your User Materials or the User Materials of any other user and will not be in any way responsible or liable for any User Materials. However, Whitebox may, at any time, and without prior notice, screen, remove, edit, or block any User Materials on the Services, including User Materials, that in Whitebox’s sole judgment, violate these Terms of Use or are otherwise objectionable. You understand that when using the Services, you may be exposed to User Materials of other users and acknowledge that User Materials may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you may have against Whitebox with respect to User Materials. Whitebox expressly disclaims any and all liability in connection with User Materials. If notified by a user or content owner that User Materials allegedly do not conform with these Terms of Use, Whitebox may investigate the allegation and determine in Whitebox’s sole discretion whether to remove the User Materials, which Whitebox reserves the right to do at any time and without notice.

7. Third-Party/Linked Services/Sent information.

a. Generally. The Services may include links to third-party products, services and websites, as well as materials provided by third-parties, and may include functionality that allows for the distribution of your User Materials or your personal information (collectively, your “User Information”) to third-parties not under Whitebox’s control (each, a “Third-Party Provider”). Third-Party Providers are solely responsible for their services. You are responsible for your use and submission of User Information to any third-party, and your dealings or business conducted with any third-party arising in connection with the Services, are solely between you and such third-party. Your use of third-party sites, services, or products may be subject to associated third-party Terms of Use and privacy policies or other agreements, which you are solely responsible for complying with on their sites. Whitebox does not endorse, and takes no responsibility for such products, services, websites, and materials, or a Third-Party Provider’s use of your User Information. By using a tool that allows for User Information to be transferred, you agree that Whitebox may transfer the applicable User Information or other information to the applicable third-parties, which are not under the control of Whitebox. If you submit a contact form or otherwise indicate your interest in contacting a Third-Party Provider, you may receive telemarketing calls from the Third-Party Provider using the contact information you provided. Third-Party Providers may keep your contact information and any other information received by the Third-Party Provider in processing a contact or other request form. Whitebox is not responsible for any damages or costs of any type arising out of or in any way connected with your dealings with these third-parties.

b. Certain Third-Party Services/Financial Products. If you choose to contact a bank, lender, financial institution, originator, loan broker, or other mortgage professional through the Services by filling out a contact, other request form or otherwise indicating your interest in contacting (or being contacted by) a Third-Party Provider (including requests for rate quotes) on the Services, you authorize Whitebox (and, in the event that the Third-Party Provider is a bank, lender, financial institution, originator, loan broker or other mortgage professional), to provide the information you submit to the Third-Party Provider. If you include your name, contact information and other information in the request, your identity will no longer be anonymous to the Third-Party Provider. Your submission of information and any request for quotes through Whitebox is not an application for credit. Whitebox is only providing an administrative service to consumers and participating lenders. Decisions regarding lenders contacting consumers are made by participating lenders and not Whitebox. These non-binding quotes are not intended to be official loan estimates as defined in the Real Estate Settlement Procedures Act. By using these features, the disclosures and consent required under certain state laws are deemed to be provided, received, and agreed to. Interest rates displayed through the Services are for information purposes only and reflect non-binding customized quotes of the terms a lender might offer a borrower fitting a consumer’s anonymous profile. Actual interest rates may vary. Loan approval standards are established and maintained solely by individual lenders. Consumers should rely on their own judgment in deciding which available loan product, terms, and Third-Party Provider best suit their needs and financial means. Whitebox: (a) is not a lender, loan originator, loan processor or underwriter; (b) does not aid or assist borrowers in obtaining loans, solicit borrowers or lenders for loans, offer or negotiate terms of loans; (c) does not take mortgage applications, make loans or credit decisions or pre-approve borrowers for loans; (d) is not an agent of either any consumer or any lender; (e) does not endorse, refer or recommend any Third-Party Provider that pays Whitebox or the products of any Third-Party Provider that pays Whitebox; (f) is not responsible for any errors or delays caused by consumers or any Third-Party Provider in the loan process; and (g) does not guarantee offer of, or acceptance into, any particular loan program or specific loan terms, conditions, or rates with any Third-Party Provider, or that any rates or terms will be the best available.

8. Intellectual Property.

All services provided herein are owned and operated by Whitebox. The user interfaces, design, information, data, code, products, software, graphics, and all other elements of the Services (“Whitebox Materials”) provided by Whitebox are protected by intellectual property and other laws and are the property of Whitebox or Whitebox’s third-party licensors. Except as expressly allowed by these Terms of Use, you may not make use of the Whitebox Materials, and Whitebox reserves all rights to the Whitebox Materials and Services not granted expressly in these Terms of Use.

9. Termination/Changes to Agreement.

Except as stated in separate product-specific agreements, you may terminate your account at any time by contacting ___________________. If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Services. If you violate any provision of these Terms of Use, your permission from Whitebox to use the Services will terminate automatically. In addition, Whitebox may, in its sole discretion, terminate your account on the Services or suspend or terminate your access to the Services at any time, for any reason, with or without notice. Whitebox may alter, suspend or discontinue the Services or any portion of the Services without notice. Whitebox will not be liable whatsoever for any change to the Services or any suspension or termination of your access to/or use of the Services. Whitebox reserves the right to change these Terms of Use at any time in its sole discretion on a going-forward basis. We will make commercially reasonable efforts to notify you of any material changes to these Terms of Use. Your continued use of the Services after updates are effective will represent your agreement to the revised version of these Terms of Use. Your continued use of the Services after the effectiveness of such changes will constitute acceptance of/and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use.

10. Indemnification.

You agree to indemnify, defend, and hold harmless Whitebox, its affiliates, and their respective directors, officers, employees, and agents from any and all claims and demands made by any third-party due to or arising out of: (a) your access to or use of the Services; (b) your breach of these Terms of Use; (c) your violation of any law or the rights of a third-party; (d) any dispute or issue between you and any third-party; (e) any User Materials you upload to, or otherwise make available through, the Services; (f) your willful misconduct; and (g) any other party’s access to and/or use of the Services using your account and password. Whitebox reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to corporate with Whitebox’s defense of that claim.

11. No Warranties.

WHITEBOX PROVIDES THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHITEBOX AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. WHITEBOX AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION: (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES OR ANY MATERIALS AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY WHITEBOX ENTITY OR THE SERVICES THAT IS NOT EXPRESSIVELY STATED IN THESE TERMS OF USE. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES, YOUR DEALING WITH ANY OTHER USER, AND ANY MATERIALS, INCLUDING ALL USER AND WHITEBOX MATERIALS, AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINMENT OF MATERIALS THROUGH THE SERVICES AND ANY ASSOCIATED SITES OR SERVICES, ARE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OR USE OF THOSE MATERIALS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OR WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURSIDICTION TO JURISDICTION.

12. Limitation of Liability/Exclusive Remedy.

IN NO EVENT WILL WHITEBOX OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS, THE SERVICES OR ANY MATERIALS ON THE SERVICES, WHETHER BASED ON (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, EVEN IF WHITEBOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHITEBOX ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (IE) ERRORS, MISTAKES, OR INACCURACIES OF MATERIALS; (F) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (G) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (H) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (I) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD-PARTY; (J) ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (K) USER MATERIALS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY. THE AGGREGATE LIABILITY OF WHITEBOX AND ANY OF ITS AFFILIATES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS OF USE, WHETHER IN CONTRACT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (L) THE AMOUNT YOU HAVE PAID TO WHITEBOX FOR THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE EVENTS OR CIRCUMSTANCES GIVING RISE TO THE CLAIMS; ANDI (B) $100.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT OF THE PARTIES. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE.

13. Choice of Law; Disputes.

These Terms of Use are governed by the laws of the State of Ohio, without giving effect to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction and venue in the state and federal courts sitting in Franklin County, Ohio for any and all disputes, claims, and actions arising from, or in connection with, the Services and/or these Terms of Use. Whitebox operates the Services from its offices in Ohio, and we make no representation that the Services are appropriate or available for use in other locations or jurisdictions.