Legal

This page contains the legal notices and policies that govern theoffmkt.com and the services offered through it (the “Platform”), operated by OFF MKT LLC (“OFF MKT,” “we,” “us,” or “our”), a Washington limited liability company. It should be read together with our Terms & Conditions and Cookies Policy. By using the Platform you agree to the notices and policies below.

I. Platform Status & Disclaimers
OFF MKT is solely a technology platform. We build and operate software, databases, and communication tools that allow independent buyers, owners, and operators of childcare facilities to discover one another and pursue transactions directly. We are a venue — not a participant.

Accordingly, OFF MKT:
• is not a real estate broker, real estate salesperson, business broker, dealer, agent, or fiduciary of any user, and nothing on the Platform constitutes the performance of licensed brokerage services by OFF MKT;
• is not a party to any transaction conducted between users, and does not negotiate, structure, endorse, close, or guarantee any transaction or its terms;
• provides no legal, tax, accounting, financial, investment, or valuation advice. Listings, comparables, market statistics, and other data on the Platform are informational tools only — not appraisals, opinions of value, or recommendations to buy or sell; and
• does not verify user-supplied information. Financials, license status, enrollment, capacity, and all other listing details are supplied by users or third-party sources and are not audited or guaranteed by OFF MKT.

You are solely responsible for your own investigation and due diligence and for engaging your own licensed professionals — attorneys, accountants, brokers, lenders, and inspectors — before entering into any transaction. Members may separately engage licensed professionals of their choosing; any such engagement is outside the Platform and not provided by OFF MKT.

II. Proprietary Data & Intellectual Property Notice
The Platform is built on data assets that OFF MKT has independently developed, compiled, licensed, and curated at substantial expense — including nationwide databases of childcare centers, sale comparables and transaction histories, active and historical listings, operator and buyer intelligence, demand and matching data, analytics, and reports (together with our software, design, content, and the OFF MKT name, logo, and marks, the “OFF MKT Materials”).

All OFF MKT Materials are the proprietary property of OFF MKT LLC and its licensors, and are protected by copyright, trademark, trade secret, database, and unfair-competition law. Access to the Platform conveys no ownership and only the limited use rights described in our Terms & Conditions. In particular, no person may, without our prior written consent:
• scrape, crawl, harvest, bulk-download, or systematically extract data from the Platform by any manual or automated means, or use Platform data to train or enrich any machine-learning model or dataset;
• copy, republish, resell, distribute, or disclose OFF MKT Materials, or use them to build, seed, or improve any competing marketplace, database, valuation product, or service;
• reverse engineer or probe the Platform, bypass access controls, or access accounts or data not intended for them; or
• use the OFF MKT name or marks, or frame or mirror the Platform, in any way likely to cause confusion or imply affiliation.

Notice of enforcement. Our data and the progress it represents are core assets of this business, and we protect them accordingly. OFF MKT monitors the Platform for unauthorized access and extraction. Any effort to misappropriate our data or otherwise undermine our data, platform, or business will be met with legal action. We will pursue violators through all available remedies — injunctive relief, actual and statutory damages, disgorgement of profits, and attorneys’ fees — under contract law, copyright law, trade secret law (including the federal Defend Trade Secrets Act, 18 U.S.C. § 1836, and the Washington Uniform Trade Secrets Act, RCW ch. 19.108), the Computer Fraud and Abuse Act, and other applicable federal and state law.

Copyright concerns. If you believe content on the Platform infringes your copyright, send a notice with the information required by 17 U.S.C. § 512 to hello@theoffmkt.com with the subject line “Copyright Notice.”

III. Privacy Policy
This Privacy Policy describes how OFF MKT collects, uses, shares, and protects information in connection with the Platform.

Information we collect
• Account and membership information — name, email, phone, company, role, and the qualification details you provide when applying for membership (for example, acquisition criteria or proof of financial capacity);
• Listing and transaction information — property, business, and financial details submitted by Listing Members, and inquiry, offer, and communication activity conducted through the Platform;
• Usage information — device, browser, IP address, pages and listings viewed, and interaction data collected automatically through cookies and similar technologies, as described in our Cookies Policy; and
• Information from third parties — public records, licensing databases, and data providers we use to verify information and maintain the accuracy of our marketplace data.

How we use information
We use this information to operate the confidential marketplace: to evaluate and approve memberships; to match buyer demand with listings; to facilitate communication between members; to process payments; to secure the Platform and enforce our Terms & Conditions (including detecting bad-faith participation, confidentiality breaches, and data misappropriation); to analyze and improve the Platform; to communicate with you about the Platform and, where permitted, about OFF MKT offerings; and to comply with law.

How we share information
The confidentiality of our marketplace runs in both directions, and we treat member information accordingly. We share information only: with other members, to the extent inherent in the marketplace (for example, listing details shared with approved Buyer Members, or a buyer’s inquiry shared with the relevant Listing Member); with service providers who process data on our behalf under confidentiality obligations (hosting, database, payments, analytics, communications); with professional advisors and, where relevant, counterparties in a corporate transaction such as a financing, merger, or sale of assets; and as required by law, or to protect the rights, safety, or property of OFF MKT, our members, or others, including enforcing our agreements. We do not sell member personal information.

Retention and security
We retain information for as long as needed for the purposes above — including maintaining transaction history and market records, enforcing our agreements, and complying with legal obligations — and then delete or de-identify it. We use reasonable administrative, technical, and physical safeguards appropriate to the sensitivity of the information; no system is perfectly secure, and you use the Platform at your own risk.

Your choices and rights
You may access, update, or request deletion of your personal information through the deletion request form in your account. Depending on your state of residence, you may have additional rights to request access to, correction of, or deletion of your personal information, or to opt out of certain processing; for any other privacy question, contact us at hello@theoffmkt.com. We will verify and respond as required by applicable law, and we will not discriminate against you for exercising your rights. You can manage cookies as described in our Cookies Policy, and unsubscribe from marketing emails via the link in each message.

The Platform is intended for business use by adults and is not directed to children; we do not knowingly collect personal information from anyone under 18. The Platform is operated from the United States, and information is processed in the United States.

IV. Dispute Resolution & Liability
Informal resolution first
Before filing any claim, you agree to contact us at hello@theoffmkt.com describing the dispute and to work with us in good faith for thirty (30) days to resolve it informally.

Binding arbitration; class-action waiver
Except as provided below, any dispute arising out of or relating to the Platform, these policies, or our Terms & Conditions will be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in Seattle, Washington (with hearings available by video where appropriate). Judgment on the award may be entered in any court of competent jurisdiction. All claims must be brought in an individual capacity only — not as a plaintiff or class member in any class, consolidated, or representative proceeding — and the arbitrator may not consolidate claims or preside over any representative proceeding.

Exceptions. Either party may bring an individual claim in small-claims court, and OFF MKT may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its Confidential Information, data, intellectual property, or the security of the Platform — a carve-out we consider essential given the confidential nature of the marketplace.

Governing law and venue
These policies and all disputes are governed by the laws of the State of Washington, without regard to conflict-of-laws rules. For any matter not subject to arbitration, the state and federal courts located in King County, Washington have exclusive jurisdiction, and each party consents to personal jurisdiction and venue there.

Limitation of liability; indemnification
The disclaimers, limitations of liability, and indemnification obligations set out in Sections 10 and 11 of our Terms & Conditions apply to this Legal page and to all use of the Platform, and are incorporated here by reference. In short: the Platform is provided “as is”; OFF MKT is not liable for user conduct, user-supplied information, or the outcome of any transaction; our aggregate liability is capped as stated in the Terms; and you are responsible for claims arising from your own content, conduct, and breaches.

Contact
OFF MKT LLC · 500 108th Ave NE, Suite 2400, Bellevue, WA 98004 · hello@theoffmkt.com · theoffmkt.com

Legal notices should be sent by email with an appropriate subject line (“Legal Notice,” “Copyright Notice,” or “Privacy Request”).