These Terms of Use ("Terms") form a binding agreement between you and OFF MARKIE ("OFF MARKIE," "we," "us," or "our"), operated by OFF MARKIE GROUP, INC., governing your access to and use of the OFF MARKIE website at myoffmarkie.com and related services (collectively, the "Service"). By creating an account, posting a profile, submitting a comment, or otherwise using the Service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.
You must be at least 18 years old and capable of forming a binding contract to use the Service. By using the Service, you represent that you meet these requirements and that any information you provide is truthful and accurate.
OFF MARKIE is a platform for posting anonymized information about a property, rental, commercial space, or business for the purpose of gauging market interest, and for prospective buyers or tenants to browse and comment on that information. Profiles on OFF MARKIE are not listings in the traditional sense: posters control what is shown publicly, are not required to sell, and are not obligated to respond to or accept any interest expressed through the Service.
OFF MARKIE is not a real estate brokerage, is not a licensed real estate agent, and does not represent any user in a purchase, sale, or lease transaction. We do not prepare offers, negotiate terms, hold funds in escrow, or provide any service that requires a real estate, legal, or financial license. Any transaction that results from use of the Service is between the parties involved, and OFF MARKIE is not a party to it.
You must create an account to post a profile, buyer profile, or comment. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us promptly at admin@myoffmarkie.com if you believe your password has been compromised or that any unauthorized access to your account has occurred or may occur. We may deny access or suspend your account without prior notice if we believe it is being used by someone other than you, or for any other reason described in these Terms.
You may delete your account at any time from your Account page. Deleting your account permanently removes your profiles, messages, favorites, and related data, and cannot be undone.
"User Content" means any information, photos, videos, attachments, links, descriptions, or comments you submit to the Service. You retain ownership of your User Content. By submitting User Content, you grant OFF MARKIE a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, reproduce, display, and distribute it solely for the purpose of operating, promoting, and improving the Service.
You are solely responsible for your User Content and represent that you have all rights necessary to post it — including the right to publish any photos, videos, or documents you upload, and that doing so does not violate any third party's privacy or intellectual property rights.
We do not pre-screen User Content but reserve the right, at our discretion, to remove or refuse any User Content that violates these Terms.
If you submit feedback or ideas about how to improve the Service, you agree that disclosure is voluntary and unrestricted, and that we may use it without any obligation or compensation to you.
The Service allows buyers to publicly comment on posted profiles. Comments must be relevant, factual to the best of the commenter's knowledge, and respectful. A poster may hide comments on their own profile; OFF MARKIE may hide or remove any comment that violates these Terms at its discretion. Hiding a comment does not constitute an admission that the comment was false or inappropriate, nor a guarantee that hidden content will not resurface if these Terms or our moderation practices change.
You agree not to:
Violation of this section may result in immediate suspension or termination of your account, in addition to any other remedies available to us.
Nothing on the Service constitutes real estate, legal, financial, tax, or investment advice. Property, rental, and business details are self-reported by users and are not independently verified, appraised, or inspected by OFF MARKIE. Any figure, valuation, or comment shown on the Service — including anything submitted by another user — should not be relied upon as an accurate or professional assessment of value. You should consult a licensed professional before making any decision to buy, sell, lease, or invest.
If you opt in, we may share your contact and interest information with independent third-party professionals — such as real estate agents, attorneys, or lenders — who may contact you. These professionals are independent of OFF MARKIE; we do not supervise, endorse, or guarantee the quality of their services, and any agreement you enter into with them is solely between you and that professional. OFF MARKIE is not liable for the acts or omissions of any third-party professional referred through the Service.
The Service, including its design, text, graphics, logos, and software (excluding User Content), is owned by OFF MARKIE or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, lease, publicly display, or create derivative works from any part of the Service, and you may not use the Service's content in the meta-tags of another site or create a hyperlink to the Service without our prior written consent, except as expressly permitted by these Terms.
If you believe content on the Service infringes your copyright, send a notice to our designated agent at admin@myoffmarkie.com or by mail to OFF MARKIE GROUP, INC., Attention: General Counsel, 1667 Central Street, Stoughton, MA, including: (a) a description of the copyrighted work; (b) the location of the allegedly infringing material on the Service; (c) your contact information; (d) a statement that you have a good-faith belief the use is unauthorized; and (e) a statement, under penalty of perjury, that the notice is accurate and that you are authorized to act on the copyright owner's behalf. We will respond in accordance with the Digital Millennium Copyright Act.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY INFORMATION ON THE SERVICE — INCLUDING PROPERTY DETAILS, VALUATIONS, OR USER COMMENTS — IS ACCURATE, COMPLETE, OR RELIABLE. YOU USE THE SERVICE AT YOUR OWN RISK AND ARE RESPONSIBLE FOR RECONCILING ANY INFORMATION YOU RECEIVE THROUGH THE SERVICE WITH YOUR OWN RECORDS.
TO THE FULLEST EXTENT PERMITTED BY LAW, OFF MARKIE AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US, IF ANY, IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless OFF MARKIE and its officers, employees, agents, assignees, successors, parents, subsidiaries, and affiliates from any claim, loss, or demand, including reasonable attorneys' fees, arising from: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any right of another person or entity. You shall not settle any such claim without our prior written consent.
We may suspend or terminate your account at any time, with or without notice, for conduct that violates these Terms or is otherwise harmful to the Service or other users. You may stop using the Service and delete your account at any time from your Account page. Sections of these Terms that by their nature should survive termination (including Sections 10 through 17) will survive.
Please read this section carefully — it affects your legal rights.
Agreement to Arbitrate. You and OFF MARKIE agree to resolve by binding arbitration any claim, dispute, or controversy arising out of or relating to these Terms or the Service, rather than in court, except that either party may bring an individual claim in small claims court.
Class Action Waiver. You and OFF MARKIE agree that any arbitration will be conducted only on an individual basis and not as a class, consolidated, or representative action. The arbitrator may not consolidate more than one person's claims.
Arbitration Procedure. A party seeking arbitration must first send a written notice of the claim to the other party. Our address for notice is OFF MARKIE GROUP, INC., Attention: General Counsel, 1667 Central Street, Stoughton, MA. The parties will use good-faith efforts to resolve the claim; if unresolved within 30 days of notice, either party may commence arbitration, administered by the American Arbitration Association (AAA) under its Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes. If your claim is for less than $10,000, you may elect to have it heard in small claims court instead.
Opt-Out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice, including your full name and a clear statement of intent to opt out, by certified mail to OFF MARKIE GROUP, INC., Attention: General Counsel, 1667 Central Street, Stoughton, MA.
These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law principles, except that the Federal Arbitration Act governs Section 16. For any claim not subject to mandatory arbitration, the federal and state courts located in Boston, Massachusetts are the sole and exclusive forum, and you irrevocably submit to their jurisdiction.
We may update these Terms from time to time. If we make material changes, we will provide notice (such as posting an updated date or notifying you directly). Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
If you are a California resident, under Cal. Civ. Code §1789.3 you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210 or (916) 445-1254.
If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect. Our failure to enforce any provision is not a waiver of that provision. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. These Terms, together with the Privacy Policy, constitute the entire agreement between you and OFF MARKIE regarding the Service.
Questions about these Terms can be sent to admin@myoffmarkie.com. Formal notices to OFF MARKIE should be sent by certified mail to OFF MARKIE GROUP, INC., Attention: General Counsel, 1667 Central Street, Stoughton, MA. We may provide you notice at your last known email address; notice by email is deemed given 24 hours after sending.