Terms of Service
The rules for using this site, and what our offers do and do not commit us to.
- Agreement to these terms
- Who may use this site
- What we are and are not
- No offer is created here
- How our offers work
- Assignment of contracts
- Information you give us
- Texts, calls and email
- No professional advice
- Your use of the site
- Our content
- Third-party links
- No warranties
- Limitation of liability
- Indemnification
- Disputes and arbitration
- Governing law
- Changes to these terms
- Contact us
1. Agreement to these terms
These Terms of Service govern your use of hirsteincapital.com and any forms, calls, texts or emails connected with it. By using this site or submitting a form, you agree to them. If you do not agree, please do not use the site.
“We,” “us” and “Hirstein Capital” mean Hirstein Capital LLC, a Missouri limited liability company.
2. Who may use this site
You must be at least 18 years old and legally able to enter contracts. If you submit information about a property, you are representing that you own it, are an heir or co-owner, hold power of attorney, or otherwise have authority to discuss selling it.
3. What we are and are not
We are a real estate investment company. We are not real estate agents or brokers, and we do not represent you. We buy property for our own account and for profit. We are not acting in your interest as a fiduciary, and we are not providing you with brokerage services.
We are not a lender, a mortgage broker, a title company, an appraiser, a law firm or a tax adviser.
Because we buy for our own account, our interests and yours are not the same. We aim to be straightforward about that. You are free to seek other offers, list with an agent, or have anyone you like review anything we send you, and we encourage it on any transaction that matters to you.
4. No offer is created here
Nothing on this website is an offer to buy property. Submitting a form does not create a contract and does not obligate either of us to anything. A purchase happens only when both parties sign a written purchase agreement.
5. How our offers work
Any figure we discuss before we have inspected the property and reviewed title is an estimate, based on what you have told us and on public records. Estimates are not binding. Our written offers are typically conditional on inspection, clear and marketable title, and confirmation of the property's condition, and they expire on the date stated in them.
6. Assignment of contracts
We may assign our purchase contracts to another buyer, and we may profit from doing so. This means the party that ultimately closes on your property may not be Hirstein Capital LLC.
Our purchase agreements state this in writing. If you would rather we not assign your contract, say so before signing and we will discuss it.
Where we are working with a wholesaler bringing us a deal, the same principle applies in reverse: terms of any joint venture, assignment or fee arrangement are governed by the written agreement between us, not by anything on this site.
7. Information you give us
You agree that the information you submit is accurate to the best of your knowledge. We rely on it to prepare offers and to prioritise our time. If it turns out to be materially wrong, we may withdraw or revise an offer.
What we do with your information is set out in our Privacy Policy, which forms part of these terms.
8. Texts, calls and email
By giving us your phone number, you agree that we may call and text you, including with an automated system, about your property or your enquiry. Consent to marketing messages is not a condition of us buying your property or of any other transaction.
Message and data rates may apply. Message frequency varies. Reply STOP to any text to opt out and HELP for help. We also send marketing texts to property owners who have not contacted us first; the same opt-out applies, and the Privacy Policy explains where we get those numbers.
9. No professional advice
Nothing on this site or in our communications is legal, tax, accounting, financial or investment advice. Selling real estate has legal and tax consequences that depend on your circumstances. Please consult your own attorney and tax adviser before signing anything.
10. Your use of the site
You agree not to submit false information or forms in someone else's name, scrape or harvest the site, attempt to interfere with it or gain unauthorised access, use it to send unsolicited communications, or use it for any unlawful purpose.
11. Our content
The text, design, logos and graphics on this site belong to Hirstein Capital LLC or our licensors and are protected by copyright and trademark law. You may view and print pages for your own use in dealing with us. You may not copy the site, reuse its content commercially, or use our name or logo without our written permission.
12. Third-party links
Where we link to another website, we do not control it and are not responsible for its content or its privacy practices.
13. No warranties
This site is provided “as is.” To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the site will be uninterrupted or error-free, or that any information on it is complete or current.
14. Limitation of liability
To the fullest extent the law allows, Hirstein Capital LLC and its members, managers and contractors will not be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, arising out of your use of this site. Our total liability for any claim connected with this site is limited to one hundred dollars ($100.00).
This limitation applies to the website. It does not limit any obligation we take on in a signed purchase agreement, and it does not exclude liability that cannot lawfully be excluded.
15. Indemnification
You agree to indemnify Hirstein Capital LLC against claims arising from your breach of these terms, your misuse of the site, or information you submitted that you had no right to submit.
16. Disputes and arbitration
Please read this section. It affects how disputes are resolved and limits your right to go to court or to participate in a class action.
Any dispute arising out of this website or these terms will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single arbitrator, seated in or near Hannibal, Missouri, or conducted remotely by agreement. Judgment on the award may be entered in any court with jurisdiction.
Class action waiver. Disputes will be arbitrated on an individual basis only. Neither party may bring a claim as a plaintiff or class member in a class, collective or representative proceeding.
Exceptions. Either party may bring a claim in small claims court. Either party may seek injunctive relief in court to protect intellectual property.
Opting out. You may reject this arbitration section by emailing info@hirsteincapital.com within 30 days of first accepting these terms, stating your name and that you reject arbitration. Rejecting it will not affect anything else in our relationship.
This section applies to website disputes. Disputes arising under a signed purchase agreement are governed by the dispute provisions of that agreement.
17. Governing law
These terms are governed by the laws of the State of Missouri, without regard to conflict of laws rules. Where a claim is not subject to arbitration, the state and federal courts located in Missouri have exclusive jurisdiction.
18. Changes to these terms
We may update these terms. The date at the top will change when we do, and the updated version applies from the moment it is posted. Continuing to use the site means you accept the change.
19. Contact us
Hirstein Capital LLC
Email: info@hirsteincapital.com
Phone: (314) 328-5879
Hours: Monday–Friday, 9am–5pm CST