Terms and Conditions

Effective Date: October 6, 2026
Last Updated: October 6, 2026

These Terms and Conditions (“Terms”) govern your access to and use of montanafirehousebuyer.com (the “Website”) and services offered through the Website by Montana Fire House Buyer (“Montana Fire House Buyer,” “we,” “us,” or “our”).

By accessing the Website, submitting information concerning real estate, requesting a cash offer, or otherwise interacting with our services, you agree to these Terms and acknowledge our Privacy Policy.

1. Purpose of the Website

The Website allows homeowners, property owners, and authorized representatives to submit information concerning real estate they may wish to sell, including:

Fire-damaged property;
Smoke-damaged property;
Water-damaged property;
Structurally damaged property;
Distressed property;
Vacant property;
Inherited property;
Probate or estate property;
Property facing foreclosure;
Property subject to liens;
Property requiring substantial repairs; and
Other residential or investment property.

Depending on a particular property and transaction, we may:

Evaluate a property ourselves;
Purchase or seek to purchase it;
Facilitate a possible cash offer;
Connect the seller with a local cash buyer;
Refer or route the opportunity to another investor;
Work with licensed real estate professionals where legally required;
Enter into a purchase agreement;
Acquire contractual or equitable rights;
Assign contractual rights where legally and contractually permitted; or
Determine that neither we nor another prospective purchaser is interested.

Nothing displayed on the Website constitutes a binding offer to purchase real estate.

2. Our Role

Montana Fire House Buyer operates within the real estate investment, cash-buyer, property-acquisition, marketing, referral, and lead-generation marketplace.

Depending on the transaction, we may act as:

A prospective principal purchaser;
A real estate investor;
A property-acquisition business;
A marketing or lead-generation service;
A service connecting property owners with prospective purchasers;
A contract purchaser;
A holder of contractual or equitable rights;
An affiliate or partner of another purchaser; or
A combination of these roles.

Our precise role depends on the facts and governing written agreements.

Unless separately and lawfully established, we do not act as your:

Real estate broker;
Seller’s real estate agent;
Attorney;
Accountant;
Tax adviser;
Financial adviser;
Insurance adviser;
Public adjuster;
Contractor;
Engineer;
Appraiser;
Fiduciary;
Housing counselor;
Mortgage broker;
Mortgage lender;
Debt-management service;
Debt-settlement provider;
Loan-modification provider;
Foreclosure consultant; or
Other professional adviser.

3. Lead Generation and Local Buyer Matching

The Website expressly connects some property owners with independent local cash buyers.

After reviewing your information, we may introduce or route the property opportunity to one or more prospective purchasers.

Independent purchasers may:

Research the property;
Contact you;
Evaluate property condition;
Estimate repairs;
Determine their own offer;
Conduct due diligence;
Negotiate transaction terms; and
Enter into a transaction directly with you.

Independent purchasers are responsible for their own:

Statements;
Representations;
Offers;
Valuations;
Contracts;
Financing;
Licensing obligations;
Privacy practices;
Performance; and
Compliance with applicable law.

4. No Obligation to Sell

Submitting information or requesting an offer does not obligate you to sell your property.

A Website form submission is an inquiry and is not a purchase agreement.

You may reject a proposed offer unless and until you enter into a legally enforceable written agreement providing otherwise.

5. No Obligation to Purchase

Submitting property information does not require Montana Fire House Buyer or any:

Cash buyer;
Investor;
Contract purchaser;
Affiliate;
Acquisition partner;
Broker; or
Other prospective purchaser

to:

Evaluate the property;
Make an offer;
Maintain a previous offer;
Continue negotiations;
Purchase the property; or
Complete a transaction.

6. Eligibility and Authority

By using the Website or submitting property information, you represent that:

You are at least 18 years old;
You possess legal capacity to enter contracts;
Information you provide is materially accurate to the best of your knowledge;
You own the property, hold an ownership interest, or are authorized to communicate concerning it; and
Your use of the Website complies with applicable law.

Submission by one co-owner does not necessarily establish authority to bind all owners.

7. Property Information and Research

We may request or obtain information concerning:

Property address;
Property condition;
Fire damage;
Smoke damage;
Water damage;
Structural damage;
Electrical and plumbing condition;
Roof and foundation condition;
Wells and water;
Septic systems;
Heating systems;
Occupancy;
Repairs;
Permits;
Insurance claims;
Desired sale timeline;
Ownership;
Mortgages;
Trust indentures;
Liens;
Property taxes;
Probate;
Foreclosure;
Inheritance; and
Other matters relevant to evaluating a possible transaction.

You authorize us and prospective purchasers evaluating the opportunity to research the property through lawful public and commercial sources.

8. Preliminary Offers

Any preliminary:

Cash offer;
Estimated offer;
Property valuation;
Price range;
Repair estimate; or
Similar indication of value

is non-binding unless incorporated into a legally enforceable written transaction agreement.

A preliminary offer may change following due diligence.

9. Illustrative Offer Formula

The Website may describe an offer methodology substantially similar to:

Potential Offer = After-Repair Value – Repair Costs – Selling Costs – Investor Return

That methodology is illustrative.

Actual assumptions may vary concerning:

Property value;
Repairs;
Holding expenses;
Property taxes;
Insurance;
Utilities;
Closing expenses;
Resale expenses;
Market conditions;
Risk; and
Investment return.

No particular offer amount is guaranteed.

10. Binding Transactions

A binding real estate transaction arises only after the applicable parties execute legally enforceable transaction documents.

A transaction may depend on:

Ownership verification;
Authority to sell;
Title review;
Property access;
Due diligence;
Mortgages;
Trust indentures;
Liens;
Property taxes;
Seller disclosures;
Buyer statutory rights;
Probate or estate matters;
Foreclosure status;
Buyer funding;
Closing requirements; and
Other contractual or legal conditions.

11. Montana Residential Property Disclosure Law

Montana requires a written seller disclosure statement for many transfers of residential real property.

Covered residential real property generally includes:

Property improved by a residence containing one to four dwelling units;
Individually owned residential units in larger structures;
Qualifying mixed residential and commercial property;
Certain manufactured homes treated as improvements to real property; and
Condominiums.

The statutory requirements apply subject to specified exemptions and waiver provisions.

12. Adverse Material Facts

Montana defines an adverse material fact generally as a condition, malfunction, or problem that:

Has a materially adverse effect on the monetary value of real property;
Affects the structural integrity of improvements; or
Presents a documented health risk or would impair the health or safety of future occupants.

The seller must disclose adverse material facts concerning the residential property of which the seller has actual knowledge.

13. Timing of the Montana Disclosure

Where the disclosure statute applies, the seller must provide the disclosure statement:

Before execution of the purchase contract; or
Contemporaneously with execution of the contract.

The statement may be delivered directly or through the seller’s real estate agent or other authorized representative.

Fast cash or as-is transactions do not automatically eliminate this requirement.

14. Required Disclosure Categories

The Montana disclosure statement must address, at minimum, information actually known to the seller concerning matters including:

Legal ownership and title;
The seller’s ability to transfer the property;
Water service and water sources;
Wastewater-treatment systems;
Utility connections;
Buildings and residential structures;
Water intrusion;
Wells;
Septic systems;
Roofs;
Foundations;
Plumbing;
Electrical systems;
Heating systems;
Windows and doors;
Appliances;
Substantial additions or alterations completed without required building permits;
Hazardous materials;
Pest infestations;
Settling;
Soil conditions;
Standing water;
Drainage;
Testing or treatment for asbestos;
Radon;
Lead-based paint;
Mold;
Methamphetamine;
Fuel or chemical storage tanks;
Contaminated soil or water; and
Other known adverse material facts.

15. Fire Damage and Montana Disclosure Duties

Fire damage may create one or more adverse material facts requiring disclosure.

Relevant fire-related conditions may include:

Structural damage;
Roof damage;
Foundation damage;
Electrical damage;
Plumbing damage;
Heating-system damage;
Window or door damage;
Smoke contamination;
Water intrusion from firefighting;
Mold;
Hazardous-material disturbance;
Contaminated materials;
Building-code issues;
Incomplete repairs;
Unpermitted structural alterations; and
Other conditions materially affecting value, structural integrity, health, or safety.

A seller with actual knowledge of such conditions should address them accurately in the statutory disclosure where applicable.

16. Montana Law Does Not Require a Universal Complete Fire History Package

The Website currently states that Montana sellers must disclose:

Complete details about how a fire started and spread;
A thorough assessment of the entire impact;
Every completed repair and every pending repair;
The full extent of smoke and firefighting-water damage; and
A detailed set of fire reports, professional inspection reports, contractor documents, permits, environmental test results, photographs, and insurance materials.

These Terms do not adopt those statements as universal statutory requirements.

Montana does require disclosure of known adverse material facts and specified property conditions.

However, the statute does not universally require every seller automatically to provide every historical:

Fire-department report;
Insurance file;
Contractor invoice;
Inspection report;
Engineering report;
Photograph;
Permit;
Environmental test; or
Repair document.

Particular records may nevertheless be required by:

A purchase agreement;
Buyer due diligence;
An insurer;
A lender;
A local government;
A participating professional; or
Another applicable law.

17. No Mandatory Investigation Solely to Complete the Statement

Montana’s required disclosure language states that the seller and the seller’s agent or authorized representative are not obligated to investigate the property merely to prepare the disclosure statement.

The statutory disclosure is based on conditions and information actually known by the seller.

That does not authorize a seller to ignore known adverse material facts.

18. Three-Day Contract Delay and Withdrawal Right

Unless the buyer and seller otherwise agree in writing, Montana’s disclosure statement must inform the parties that a purchase contract is generally not effective until three days after the buyer receives the disclosure statement.

During that period, the prospective buyer may withdraw from or rescind the contract without penalty.

The actual transaction documents should reflect the statutory framework accurately.

19. Disclosure Delivered After Contract Execution

Unless the buyer and seller otherwise agree in writing, if the seller provides the disclosure statement only after execution of the contract, the buyer generally has three days after delivery to rescind.

Rescission must be made through a separately signed written statement delivered as provided by law.

A buyer may waive the statutory rescission right in an offer to purchase.

20. Buyer Waiver of Disclosure

Montana law also recognizes an exemption when, in the contract, the buyer waives the right to receive the disclosure statement at the time the buyer submits the offer to purchase.

A Website form submission is not such a waiver.

Any waiver should be deliberate, properly documented, and consistent with Montana law.

21. Disclosure Statement Is Not a Warranty

Montana law expressly provides that the seller disclosure statement does not constitute a warranty by:

The seller;
A real estate agent; or
Another authorized representative.

The statement is treated as the seller’s disclosure.

It is not a substitute for inspections or other due diligence a buyer chooses to obtain.

22. Reliable Third-Party Information

Montana law provides protection concerning certain misstatements or errors based on information the seller obtained from a reliable third party, including a local government agency.

Reliance on third-party information should nevertheless be reasonable and in good faith.

23. Exempt Transactions

Montana’s written disclosure requirement does not apply to specified transactions including certain:

Court-ordered transfers;
Probate-court transfers;
Bankruptcy transfers;
Eminent-domain transfers;
Divorce or legal-separation transfers;
Transfers to a mortgagee or deed-of-trust beneficiary following default;
Foreclosure sales;
Deeds in lieu of foreclosure;
Transfers between co-owners;
Transfers to specified close family members; and
Transfers where the buyer properly waives the disclosure statement as provided by law.

An exemption should not be assumed without reviewing the actual transaction.

24. Mold Disclosure

Montana separately regulates certain mold-related disclosures and protections.

Firefighting water, prolonged moisture, and damaged building materials may contribute to mold conditions.

Nothing in an as-is transaction should be interpreted as authorizing omission of a disclosure required by applicable Montana mold law.

25. Methamphetamine Disclosure

Montana separately regulates disclosure concerning property contaminated by methamphetamine in specified circumstances.

This requirement is independent of ordinary fire-damage issues.

26. Radon Disclosure

Montana also maintains radon-related disclosure requirements for applicable inhabitable property transactions.

Any required radon disclosure should be treated separately from the general seller disclosure.

27. Federal Lead-Based Paint Disclosure

Federal lead-based-paint disclosure requirements may apply to residential housing constructed before 1978.

Where applicable, required federal disclosures and information must be supplied.

Nothing on the Website replaces federal disclosure requirements.

28. As-Is Transactions

The Website advertises potential purchases in the property’s current or “as-is” condition.

An as-is transaction may mean the purchaser does not require the seller to perform repairs.

However, “as-is” does not automatically eliminate:

Montana statutory seller-disclosure requirements;
Known adverse-material-fact disclosures;
Separate mold, methamphetamine, radon, or federal disclosure obligations;
Fraud or misrepresentation liability;
Contractual representations;
Title obligations; or
Other non-waivable legal duties.

The signed transaction documents and applicable law determine the effect of any as-is provision.

29. Inspections and Due Diligence

The Website may advertise:

No formal inspection;
No repairs;
No appraisal contingency;
No financing contingency; or
Similar streamlined terms.

These statements describe possible transaction structures.

They do not:

Eliminate legally required disclosure;
Prevent due diligence permitted by the agreement;
Authorize concealment or fraud; or
Override signed transaction documents.

A purchaser may choose to:

Inspect the property;
Obtain contractor estimates;
Obtain structural or engineering evaluations;
Review fire reports;
Review insurance information;
Review permits;
Examine title;
Test for radon;
Conduct environmental testing; or
Perform other due diligence.

30. Fast Closing and Similar Advertising Statements

The Website may advertise:

A cash offer within approximately 24 hours;
Closing within approximately 7 to 14 days;
Flexible closing dates;
No repairs;
As-is purchases;
No real estate-agent commission;
No seller fees;
Buyer-paid closing costs;
No formal inspection;
No appraisal contingency; or
No financing contingency.

These statements describe transaction structures that may be available.

They do not guarantee identical timing or terms for every property.

Actual timing may depend on:

Property condition;
Ownership;
Title;
Mortgages;
Trust indentures;
Liens;
Taxes;
Montana disclosure timing;
Three-day buyer rights;
Buyer availability;
Property access;
Due diligence;
Probate or estate matters;
Foreclosure status;
Closing requirements; and
Other circumstances.

31. Closing Costs, Fees, and Commissions

Where a prospective purchaser agrees to:

Pay specified closing costs;
Purchase without a listing broker;
Charge no seller commission;
Charge no particular seller fee; or
Pay specified title or closing expenses,

the actual obligations of the parties are determined by the signed transaction documents and final closing statement.

Website advertising does not override executed transaction documents.

32. Montana Real Estate Licensing

Montana broadly regulates real estate brokerage.

The statutory definition of a broker includes, depending on the facts, an individual who:

Negotiates or attempts to negotiate the purchase, sale, lease, or exchange of real estate for another or for valuable consideration;
Conducts the sale or disposition of property on behalf of an owner;
Makes real estate information publicly available to potential buyers in a regulated capacity;
Aids a person, for a fee, in locating or obtaining real estate;
Receives compensation for referring the name of a prospective buyer or seller to a licensed broker or salesperson;
Performs regulated asset-management activity; or
Advertises or represents that the person engages in such activities.

Nothing on the Website authorizes unlicensed brokerage.

33. Paid Real Estate Referrals Are Particularly Important in Montana

Montana’s broker definition specifically includes an individual who receives:

A fee;
Commission; or
Other compensation

for referring to a licensed real estate broker or salesperson the name of a prospective buyer or seller.

Because the Website expressly operates by connecting sellers with local cash buyers, the actual lead-compensation arrangement should be reviewed carefully to determine whether Montana licensing law applies.

34. Owner Exemption

Montana generally exempts a person acting as the owner or lessor with respect to property actually owned or leased by that person.

A principal purchaser buying and later selling property it actually owns may therefore be situated differently from someone performing services for another.

The exemption should not automatically be assumed for a person who holds only a purchase agreement, option, or other contractual interest.

35. Contract Assignments and Wholesaling

As of the effective date of these Terms, Montana does not maintain a separate comprehensive residential-wholesaler registration statute comparable to specialized wholesaling laws enacted in certain other states.

That does not mean every assignment or wholesale structure is automatically outside Montana’s real estate licensing law.

Relevant factors include:

Whether a person is acting as a genuine principal;
Whether the person owns the underlying real estate;
Whether the person merely holds contractual or equitable rights;
Whether the contract permits assignment;
What interest is being advertised;
Whether the person negotiates on behalf of another;
Whether prospects are procured for compensation;
Whether referral compensation is paid;
Whether options or other real-property interests are involved; and
Whether the person holds itself out as a broker.

36. Contractual Interest Is Not Legal Title

Holding a purchase agreement, option, assignment right, or equitable interest is different from holding legal title.

A person holding only contractual or equitable rights should not falsely represent that:

The person owns legal title;
The person is the deed owner;
Title has already transferred;
The underlying property belongs to the contract holder; or
The person possesses rights greater than the contract provides.

37. Montana’s Definition of Real Estate Is Broad

Montana’s real estate licensing law defines real estate to include leaseholds and other interests or estates in land, whether:

Corporeal or incorporeal;
Freehold or nonfreehold.

Accordingly, marketing or dealing in contractual, option, or equitable interests should not be assumed to be categorically outside real estate regulation.

38. Licensed Real Estate Professionals

Where a Montana licensed broker or salesperson participates in a regulated capacity, additional duties may apply concerning:

Agency;
Statutory brokerage relationships;
Disclosure;
Advertising;
Offers;
Trust funds;
Conflicts;
Client relationships;
Professional conduct; and
Other matters.

Montana licensees also have duties concerning known adverse material facts.

Applicable written brokerage documentation controls over generic Website descriptions.

39. Foreclosure and Financial Distress

The Website markets to homeowners who may be:

Behind on mortgage payments;
Facing default;
Facing foreclosure;
Experiencing financial distress; or
Seeking a rapid property sale.

We are not your:

Mortgage lender;
Mortgage servicer;
Attorney;
Financial adviser;
Credit counselor;
Housing counselor;
Mortgage broker;
Debt-management provider;
Debt-settlement provider;
Loan-modification provider; or
Foreclosure consultant

unless a separate legally compliant relationship expressly establishes otherwise.

Selling property may be one possible response to financial distress, but it is not necessarily the only option.

40. Ordinary Property Purchase Versus Foreclosure Consulting

A bona fide arm’s-length purchase of property is different from providing foreclosure-consulting or foreclosure-rescue services.

Montana’s mortgage regulatory framework treats activities including:

Mortgage loan modifications; and
Foreclosure consulting or foreclosure rescue

as regulated activities associated with mortgage-broker licensing.

Accordingly, a company seeking to purchase a distressed homeowner’s property should not simultaneously represent that it provides regulated foreclosure-rescue services unless it is separately qualified and licensed to do so.

41. Montana Mortgage Licensing

Montana generally requires appropriate licensing for persons regularly engaging in the business of:

Mortgage brokering;
Mortgage lending;
Mortgage servicing; or
Mortgage-loan origination

with respect to residential mortgage loans unless an exemption applies.

A direct cash property purchase does not itself authorize the purchaser to conduct regulated mortgage activity.

42. Debt Management and Debt Settlement

Montana separately regulates debt-management and debt-settlement businesses.

Depending on the services provided:

Debt-management companies generally must be licensed; and
Debt-settlement providers generally must register and comply with applicable requirements.

A direct property purchase does not automatically create a debt-management or debt-settlement relationship.

43. Do Not Negotiate a Homeowner’s Debt Without Proper Structure

Materially different legal requirements can arise if a business offers, for compensation, to:

Negotiate a mortgage balance;
Negotiate or settle consumer debt;
Modify repayment obligations;
Collect consumer money for distribution to creditors;
Offer a debt-management plan;
Obtain loan modifications;
Promise to stop foreclosure as a service; or
Provide foreclosure-rescue services.

Unless separately structured and legally authorized, Montana Fire House Buyer does not provide those services.

44. Federal Mortgage-Assistance Rules

Where a separate activity constitutes mortgage-assistance-relief services under federal law, applicable federal requirements control.

Those rules may regulate:

Advance fees;
Advertising claims;
Required disclosures;
Communications with mortgage lenders or servicers; and
Consumer acceptance procedures.

45. No Foreclosure-Rescue Guarantees

Unless separately authorized and legally qualified, we do not represent that:

We act for your lender;
We act for your mortgage servicer;
We act for the State of Montana or federal government;
We guarantee foreclosure will stop;
We guarantee a loan modification;
We will negotiate your mortgage for you;
We will settle your debts;
You should stop communicating with your lender;
You should stop making legally required payments; or
Selling your property through us is your only available option.

46. Probate, Estate, and Inherited Property

Submitting inherited, probate, or estate property does not establish that the person submitting it has authority to sell.

A transaction may require:

Personal-representative authority;
Executor or administrator authority;
Trustee authority;
Probate-court documentation;
Participation of heirs or devisees;
Appropriate deeds;
Affidavits; or
Other evidence of authority.

Certain court-ordered probate transfers may qualify for statutory seller-disclosure exemptions.

47. Insurance Claims and Fire-Damage Proceeds

A fire-damaged property may involve an active or completed insurance claim.

We do not act as your:

Insurance company;
Insurance producer;
Public adjuster;
Insurance attorney; or
Insurance adviser

unless separately established through a legally compliant arrangement.

You are responsible for understanding:

Insurance coverage;
Claim requirements;
Proof-of-loss requirements;
Claim deadlines;
Insurance proceeds;
Repair obligations;
Mortgage-holder rights;
Assignment restrictions;
Recoverable depreciation;
Policy conditions; and
Tax consequences.

If property is sold while an insurance claim remains pending, the purchase agreement should address the parties’ respective rights concerning the claim and proceeds.

48. Fire Documentation Is Not Automatically a Statutory Package

Fire-department reports, insurance records, photographs, contractor invoices, inspection reports, engineering reports, permit records, environmental testing, and repair documentation may be valuable in evaluating a fire-damaged property.

They are not automatically a universal statutory package that every Montana seller must provide to every purchaser.

49. Permits, Building Codes, and Unsafe Structures

Fire-damaged property may be subject to:

Building-code violations;
Unsafe-building determinations;
Condemnation;
Building permits;
Electrical permits;
Repair requirements;
Demolition requirements;
Fire-code requirements;
Utility restrictions;
Environmental requirements; or
Other state or local governmental requirements.

Requirements vary among Montana cities and counties.

An as-is sale does not waive governmental requirements.

50. Telephone Communications

By providing a telephone number and requesting information or an offer, you authorize us to respond concerning:

Your property;
Property research;
Scheduling;
Offers;
Buyer matching;
Follow-up; and
Potential transactions.

Where legally required, additional consent will be obtained before regulated automated, prerecorded, artificial-voice, or marketing communications are made.

51. Recording of Communications

Montana law generally prohibits recording a private human conversation with a hidden electronic or mechanical device without the knowledge of all parties.

The statute permits recording where the participants have been warned of the recording.

Accordingly, if we record a call, we may provide an audible recording notice so that all participants have knowledge of the recording.

We or service providers acting on our behalf may record communications for legitimate purposes including:

Quality assurance;
Training;
Documentation;
Compliance;
Fraud prevention; and
Security.

Because another participant may be physically located in another jurisdiction, we will follow any stricter applicable requirement.

52. Text Messages

If you provide a mobile telephone number and applicable consent, we may communicate by text regarding:

Your inquiry;
Your property;
Scheduling;
Offers;
Buyer matching;
Follow-up; and
Potential transactions.

Where legally required, separate or additional consent will be obtained before regulated automated or marketing text communications are sent.

Consent to marketing communications is not a condition of receiving an offer or selling property where prohibited by law.

Message and data rates may apply.

Message frequency may vary.

Reply STOP to request that applicable messages stop.

53. Email Communications

By providing an email address, you authorize us to communicate regarding:

Your property;
Potential offers;
Prospective purchasers;
Scheduling;
Follow-up;
Services; and
Potential transactions.

Applicable promotional emails will provide an unsubscribe mechanism.

54. Electronic Communications

Where permitted by law, you consent to receiving Website and transaction communications electronically.

These may include:

Email;
Text messages;
Electronic documents; and
Website notices.

55. Privacy

Our collection, use, disclosure, sale, sharing, retention, and other processing of personal information is described in our Privacy Policy.

The Privacy Policy is incorporated into these Terms to the extent permitted by law.

56. Independent Decision-Making

Selling real estate can have significant:

Legal;
Financial;
Tax;
Insurance; and
Personal consequences.

You may wish to obtain independent advice from:

A Montana attorney;
A licensed Montana real estate professional;
A tax professional;
An accountant;
An insurance professional;
A contractor;
An engineer;
An appraiser;
A HUD-approved housing counselor; or
Another qualified professional.

57. No Professional Advice

Website content does not constitute individualized:

Legal advice;
Tax advice;
Accounting advice;
Financial advice;
Insurance advice;
Construction advice;
Engineering advice;
Appraisal advice;
Mortgage advice;
Foreclosure advice; or
Other professional advice.

58. No Automatic Brokerage, Agency, or Fiduciary Relationship

Use of the Website does not itself create:

A real estate brokerage relationship;
Seller representation;
Buyer representation;
Agency;
A fiduciary relationship;
A partnership;
A joint venture; or
Employment.

Where a licensed Montana real estate professional participates in a regulated capacity, applicable brokerage documents and statutory duties control.

59. Acceptable Use

You may not:

Use the Website unlawfully;
Submit fraudulent leads;
Knowingly submit materially false information;
Impersonate another person;
Submit property information without authority;
Attempt unauthorized system access;
Introduce malware or harmful code;
Circumvent security;
Abuse Website forms;
Interfere with Website operations; or
Violate another person’s rights.

60. Intellectual Property

Unless otherwise stated, the Website and its original:

Text;
Branding;
Graphics;
Photographs;
Videos;
Designs;
Layout; and
Software

are owned by or licensed to Montana Fire House Buyer.

You may not commercially reproduce or exploit protected Website materials without appropriate authorization.

61. Third-Party Websites and Services

We may link to or integrate with third-party websites or services.

We do not control and are not responsible for third-party:

Content;
Privacy practices;
Security;
Products;
Services;
Representations; or
Conduct.

62. Website Availability

We may modify, restrict, suspend, or discontinue portions of the Website.

Continuous, uninterrupted, secure, or error-free access is not guaranteed.

63. No Guarantee of Transaction

We do not guarantee:

An offer;
Fair-market-value pricing;
Any particular purchase price;
Any specific closing date;
Assignment of a contract;
Availability of an independent purchaser;
Completion of a transaction; or
Any particular financial result.

64. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

WE DISCLAIM WARRANTIES THAT MAY LAWFULLY BE DISCLAIMED, INCLUDING IMPLIED WARRANTIES OF:

MERCHANTABILITY;
FITNESS FOR A PARTICULAR PURPOSE;
TITLE; AND
NON-INFRINGEMENT.

Nothing in these Terms excludes protections that applicable law does not permit to be excluded.

65. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MONTANA FIRE HOUSE BUYER AND ITS AFFILIATES, OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, AND BUSINESS PARTNERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING SOLELY FROM WEBSITE USE.

OUR AGGREGATE LIABILITY FOR CLAIMS ARISING SOLELY FROM WEBSITE USE WILL NOT EXCEED $500, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

This Website-only limitation does not govern rights or liabilities under a separately executed purchase, assignment, brokerage, mortgage-related, debt-management, debt-settlement, or other transaction agreement unless that agreement expressly provides otherwise.

66. Independent Third-Party Buyers

To the maximum extent permitted by law, we are not responsible for the independent:

Offers;
Representations;
Valuations;
Contracts;
Financing;
Privacy practices;
Performance; or
Conduct

of an unaffiliated third-party prospective purchaser.

Nothing in this section excludes liability that applicable law does not permit us to exclude.

67. Indemnification

To the extent permitted by applicable law, you agree to indemnify Montana Fire House Buyer and its affiliates from claims arising from:

Your unlawful use of the Website;
Your material breach of these Terms;
Fraudulent information you knowingly submit;
Information knowingly submitted without authority; or
Your violation of another person’s rights.

68. Governing Law

These Terms are governed by the laws of the State of Montana, except where applicable law requires otherwise.

69. Venue and Disputes

Subject to mandatory jurisdiction, venue, consumer-protection, mortgage, and transaction-specific requirements, legal proceedings arising solely from Website use or these Terms may be brought in a court of competent jurisdiction in the State of Montana.

These Website Terms do not impose mandatory arbitration.

A separately executed purchase, assignment, brokerage, mortgage-related, or other transaction-specific agreement may contain different enforceable dispute provisions.

70. Non-Waivable Montana Rights

Nothing in these Terms waives rights that cannot legally be waived under applicable:

Montana Consumer Protection Act;
Montana residential property-disclosure law;
Montana Consumer Data Privacy Act;
Montana real estate licensing law;
Montana Mortgage Act;
Montana debt-management law;
Montana debt-settlement law;
Montana communications-privacy law;
Montana security-breach law;
Federal mortgage-assistance rules;
Federal disclosure law; or
Other applicable law.

71. Transaction Agreements Control

These Website Terms do not replace:

Purchase agreements;
Assignment agreements;
Brokerage agreements;
Seller disclosure statements;
Title documents;
Closing documents;
Insurance-related agreements;
Mortgage-related agreements;
Debt-management agreements; or
Other transaction-specific documents.

A separately executed transaction agreement governs that transaction to the extent enforceable under applicable law.

72. Changes to These Terms

We may update these Terms periodically.

Updated Terms become effective when posted or on another effective date identified in the revised Terms, subject to applicable law.

73. Severability

If a provision is invalid or unenforceable, it will be enforced to the maximum lawful extent or severed, and the remaining provisions will remain effective.

74. No Waiver

Failure to enforce a provision does not waive the right to enforce it later.

75. Assignment

You may not assign these Website Terms without our prior written consent.

We may assign these Website Terms in connection with:

A merger;
Acquisition;
Reorganization;
Financing;
Affiliate restructuring; or
Sale of assets,

subject to applicable law.

This Website provision does not determine whether a particular real estate purchase agreement may be assigned.

Assignment of a real estate purchase agreement is governed by:

The agreement itself;
Montana contract law;
Montana real estate licensing law; and
Other applicable requirements.

76. Entire Agreement Regarding Website Use

These Terms and the Privacy Policy constitute the agreement governing Website use.

They do not supersede separately executed real estate transaction documents.

77. Contact Us

Questions concerning these Terms may be directed to:

Montana Fire House Buyer
Montana
United States

Website: montanafirehousebuyer.com

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