Terms of Service

These Terms of Service (the “Terms”) form a binding agreement between you and The Creative Marketplace (the “Platform,” “we,” “us,” or “our”), operated by The Creative Marketplace, LLC. By accessing or using the Platform — including creating an account, browsing listings, submitting an inquiry, or posting a listing — you agree to these Terms and to our Privacy Policy and Creative Finance Disclaimer. If you do not agree, do not use the Platform.

You must be at least 18 years old and legally capable of entering into binding contracts in your jurisdiction. By using the Platform, you represent that you meet these requirements and that any information you provide is accurate and current.

The Creative Marketplace is an online marketplace and listing platform that connects buyers and sellers interested in creative real estate financing, including seller financing, contract for deed, lease purchase, subject-to, and wraparound structures.

The Creative Marketplace is not: a real estate broker, agent, salesperson, lender, mortgage broker, Residential Mortgage Loan Originator (RMLO), title company, escrow agent, attorney, financial advisor, tax advisor, or fiduciary. We do not originate, underwrite, fund, service, or guarantee any loan or financial instrument. We do not represent any buyer, seller, or party to any transaction listed on the Platform.

Listings are user-generated content posted by sellers or their representatives. We do not verify ownership of any property, the accuracy of any listing, the marketability of title, the condition or habitability of any property, or the seller’s authority or legal compliance. See our Creative Finance Disclaimer for further detail.

To list a property or submit certain inquiries, you must create an account. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us immediately of any unauthorized access. We may suspend or terminate accounts at our sole discretion, including for violation of these Terms.

You retain ownership of content you submit (listings, photos, messages, reviews — collectively, “User Content”). You grant The Creative Marketplace a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, modify, display, and distribute that content as needed to operate, market, and improve the Platform.

By posting a listing you represent and warrant that: (a) you own the property or are authorized by the owner to list it; (b) all information you provide is accurate, complete, and not misleading; (c) the proposed financing structure complies with all applicable federal, state, and local laws, including Dodd-Frank, the SAFE Act, Truth in Lending Act, Real Estate Settlement Procedures Act, fair housing laws, and any state-specific licensing or disclosure requirements; and (d) your listing does not infringe any third-party right.

We may remove, edit, or refuse any listing or User Content at any time, with or without notice, for any reason or no reason — including listings we believe to be inaccurate, non-compliant, fraudulent, or otherwise harmful to the marketplace.

You agree not to:

• Post false, misleading, deceptive, or fraudulent listings or information.
• List property you do not own or are not authorized to sell.
• Use the Platform to violate any federal, state, or local law, including securities, lending, brokerage, fair housing, or consumer protection laws.
• Engage in discriminatory practices in violation of the Fair Housing Act or any state or local equivalent.
• Harvest, scrape, or otherwise extract data from the Platform without our prior written consent.
• Impersonate any person, misrepresent your affiliation, or circumvent any access or moderation controls.
• Send unsolicited commercial communications through the Platform.
• Use the Platform to introduce malware or interfere with normal operation.

Any transaction you enter into with another user is solely between you and that user. The Creative Marketplace is not a party to any transaction and assumes no responsibility for the actions or omissions of any user. You are solely responsible for performing your own due diligence, including but not limited to: title examination, property inspection, valuation, financial review, legal review of any contract or note, and verification of the other party’s identity, authority, and capacity to perform.

Before signing any creative-finance instrument, consult a licensed attorney and, where required by law, a licensed RMLO or mortgage professional.

Certain features (including Pro accounts, lead routing, and promoted placement) may require payment. Fees, billing cycles, and refund terms are disclosed at the point of purchase. Except where required by law, all fees are non-refundable. We may modify pricing prospectively at any time.

The Platform integrates with third-party services (including hosting, database, email, mapping, and analytics providers). Your use of those services is governed by the third party’s terms. We are not responsible for third-party content or conduct.

The Platform, including its design, code, branding, and compilations of listings, is owned by The Creative Marketplace, LLC and is protected by intellectual property law. Except for content you own, no rights are granted to you other than the limited, revocable, non-exclusive license to use the Platform in accordance with these Terms.

If you believe content on the Platform infringes your copyright, send a notice that complies with 17 U.S.C. § 512(c)(3) to our designated agent at legal@thecreativemarketplace.com. We will respond consistent with the DMCA and may terminate repeat infringers.

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED OPERATION. WE DISCLAIM ALL WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL OPENTERMS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE PLATFORM WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE AMOUNTS YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

You agree to indemnify, defend, and hold harmless The Creative Marketplace and its officers, directors, employees, and affiliates from any claim, liability, damage, loss, or expense (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Platform; (b) your User Content or listings; (c) your transactions with other users; or (d) your breach of these Terms or violation of any law or third-party right.

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. Any dispute, claim, or controversy arising out of or relating to these Terms or the Platform will be resolved by binding, individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will be conducted in English. Judgment on the award may be entered in any court of competent jurisdiction.

Class Action Waiver. You and The Creative Marketplace each waive any right to participate in a class, collective, or representative action. Arbitration must proceed on an individual basis.

You may opt out of this arbitration agreement by sending written notice to legal@thecreativemarketplace.com within 30 days of first accepting these Terms.

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice (for example, by email or in-app notice) before they take effect. Continued use of the Platform after the effective date of the updated Terms constitutes acceptance.

We may suspend or terminate your access to the Platform at any time, with or without notice, for any reason. Sections that by their nature should survive termination (including IP, warranty disclaimers, limitation of liability, indemnity, and dispute resolution) will survive.

These Terms, together with the Privacy Policy and Creative Finance Disclaimer, constitute the entire agreement between you and The Creative Marketplace regarding the Platform. If any provision is held unenforceable, the remaining provisions remain in full force. Our failure to enforce any right is not a waiver of that right. You may not assign these Terms without our written consent; we may assign them freely.

Questions about these Terms? Email legal@thecreativemarketplace.com.