Terms & Conditions
Terms and Conditions: Real Estate Marketing
Please read these terms and conditions carefully. Your use of this web site constitutes your acceptance of these terms and conditions. If you do not accept all of these terms and conditions, you must not use or access this web site or any of its contents in any way.
1. RESTRICTIONS ON USE
This web site is owned and operated by Real Estate Marketing, LLC. This website and its contents are protected by domestic copyright laws and international treaties, and all rights are reserved. Neither this web site nor any of its content may be used without the express written consent of Real Estate Marketing. You acknowledge and agree that any downloadable content on this web site is licensed to you, for a legal purpose only, and is the sole property of Real Estate Marketing. No right, title or interest in such content is conveyed to you.
Real Estate Marketing does not encourage nor does it intend for its web site to generate submissions for any purpose (except to make legitimate inquiries, report errors or operational problems). If you make a submission, you agree to the following:
- All submissions become the permanent property of Real Estate Marketing
- You warrant that you are the sole owner of the submission(s)
- You are solely responsible for the submission, its legality, reliability, appropriateness, originality, and copyright
- Real Estate Marketing is not obligated to treat submissions as confidential
- Real Estate Marketing is not obligated to use (although it may at its sole discretion) any submission or to compensate you for it
This web site may only be used for legal purposes. The following actions or activities are strictly prohibited:
Posting of incomplete or misleading information or information belonging to another person or entity
Posting of offensive, defamatory, abusive, hateful, obscene or pornographic material
Impersonating any person or entity, or misrepresenting affiliation or authority with any person or entity
Post any unoriginal or plagiarized content
Posting links that are not current
POSTING OF MATERIAL WHICH IS HARMFUL TO ANYONE — ESPECIALLY CHILDREN
4. GOVERNING LAW AND JURISDICTION
These Terms and Conditions are governed by the laws of the State of Texas without regard to its conflict of law provisions. By using this web site, you irrevocably consent to submit to the exclusive jurisdiction of the courts of the State of Texas within the County of Dallas.
PLEASE READ CAREFULLY: This web site may contain errors. You assume total responsibility for any and all costs associated with repairs, replacement or loss of productivity which may occur as a result of using or accessing this web site. Real Estate Marketing is not responsible for viruses, malware or other harmful and/or annoying phenomena which may strike this web site. Real Estate Marketing neither warrants nor guarantees that files or software contained on this web site are free of viruses, worms, or other codes, defects containing or manifesting contaminating or destructive properties. The content on this web site is provided on an “AS IS” basis. Real Estate Marketing makes no warranties of any kind, expressed or implied, to the full extent of applicable laws. Real Estate Marketing disclaims all warranties, including warranties of merchantability or fitness for a particular purpose respecting this web site. This web site may contain downloadable materials and links to other external sites. Inclusion of a link on this web site does not imply any approval or endorsement by Real Estate Marketing. Real Estate Marketing LLC is not responsible for, and has no control over the content, representations or offers contained on external web sites.
Real Estate Marketing management reserves the right at its own discretion to establish ownership of zip codes in any and all events including those arising from system errors.
7. LIMITATION OF LIABILITY
Real Estate Marketing is not liable for any damages arising from your use of this web site including, without limitation, any special or consequential damages or injuries arising from your use of this web site. Furthermore, Real Estate Marketing is not liable for any damages even if advised of the possibility of such an occurrence or incident, on or under any theory.
Real Estate Marketing may amend this agreement or the contents of the site at any time and at its sole discretion, without notice.
The use of certain Services may be subject to payment of particular fees, as determined by us in our sole discretion ("Paid Services" and "Fee(s)", respectively). We will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.
We reserve the right to change our Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, we shall have the right to automatically and without notice renew your subscription to such Service(s) at the full applicable Fee.
All Fees shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing by us. To the extent permitted by law (and unless specified otherwise by us in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities ("Taxes"), and you shall be responsible for payment of all applicable Taxes relating to your use of the Services, or to any payments or purchases made by you. If we are obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction.
As part of registering or submitting information to receive Paid Services, you also authorize us (either directly or through our affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries we or our subsidiaries or affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company). As noted above, Homes.forsale is built by Real Estate Marketing, when you receive a charge on your credit card for your Homes.forsale subscription, it will show as Homes.forsale.
We and/or our subsidiary or affiliated companies will issue an invoice or credit memo for any payment of Fees or refund made to or by us ("Invoice"). Each Invoice will be issued in electronic form and based on the country stated in your billing address, and will be made available to you via your Member Account and/or by e-mail. For the purpose of issuing the Invoice, you may be required to furnish certain personal information in order to comply with local laws. Please note that the Invoice presented in your Member Account may be inadequate with your local law requirements, and in such case may be used for pro forma purposes only.
In order to ensure that you do not experience any interruption or loss of services due to the lapse of any particular subscription period, the Services operate with automatic renewal, on a recurring-fees basis (except where explicitly stated otherwise by us in writing). Accordingly, where applicable, we will attempt to automatically renew the applicable Service(s) for a renewal period equal in time to the original subscription period for such Service, and automatically charge you the applicable Fees using the payment method you have on file with us. All Homes.forsale plans have a month to month contract term. At the end of each term, this Agreement shall automatically renew according to the same initial contract term unless terminated by either party in writing at least thirty (30) days prior to the expiration of the then-current term.
For example, if the original subscription period for a Service is one month, each of the renewal periods (where applicable) will be for one month. Therefore, unless you cancel the applicable Service(s), we will automatically renew such Service when it comes up for renewal, and charge you the applicable recurring Fees. Should you, at a later stage, add any services to your original Homes.forsale package, e.g. listing service, zip code service etc., then your package contract will be extended according to the contract period of the relevant added service. In order to avoid any interruptions or loss of services due to failure to process renewal charges prior to the expiration of the subscription period then in effect, we reserve our right (but shall not be obligated) to charge for the upcoming renewal period up to two (2) weeks before such renewal period actually commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your Member Account, without further notice.
10. Cancelling Paid Services
Notwithstanding anything to the contrary in the foregoing, you are and shall be solely responsible to verify and ensure the successful renewal of the Services you use (whether or not such Services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against us in relation to the discontinuation of any Services or Third Party Services, for whatever reason.
Please note: Certain services purchased on or through the Services may be non-refundable. These include zip code territory fees, and minimum marketing spend. The terms of each purchased service or application are indicated on the applicable Site and/or as part of or during the process of purchasing such services or applications. It is your obligation to verify your ability to cancel a service prior to purchasing it. We will not refund any amounts paid for non-refundable Paid Services, applications or Third Party Services. In addition, should you select the prepaid option, zero refund will be granted once you accept this order.
If, at any time, you contact your bank or credit card company and decline, chargeback or otherwise reject the charge of any payable Fees ("Chargeback"), this act will be considered a breach of your payment obligations hereunder, and your use of the Services may be automatically terminated.
In the event a Chargeback is performed, your Member Account may be blocked without the option to re-purchase or re-use it, and any data contained in such Member Account, including any domains, applications and Third Party Services may be subject to cancellation and Capacity Loss (as defined in below).
Your use of the Services will not resume until you re-subscribe for any such Services, and pay any applicable Fees in full, including any fees and expenses incurred by us and/or any Third Party Services for each Chargeback received (including Fees for Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).
If you have any questions or concerns regarding a payment made to us, we encourage you to first contact our Customer Support team email@example.com before filing a Chargeback or reversal of payment, in order to prevent the Services from being cancelled and your Member Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the Services purchased (and charged-back) by you.
We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the Member responsible for such Chargeback did in fact authorize the transaction and make use of the services rendered thereafter.
12. Late Payment and Cancellation
You may discontinue to use and request to cancel your Member Account and/or any Services at any time, in accordance with the instructions available on the applicable Site(s); provided, however, that (1) for prepaid annual payment arrangement, no refund is due and allowed; and (2) for monthly payment arrangement, the remaining . The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the applicable Site(s).
Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least fourteen (14) days prior to the expiration of the then-current service period.
If your payment is unsuccessful within five working days, we will contact you to resolve the situation. If after seven working days we fail to make contact with you, then we reserve the right to cancel your service and charge a cancellation fee accordingly.
Failure to comply with any of the terms set forth under this Agreement and/or to pay any due Fee shall entitle us to suspend (until full payment is made) or cancel your Member Account and Member Website (or certain features thereof), as well as the provision of any related Services (e.g., Paid Services) or Third Party Services to you.
13. Loss of Data, Content and Capacity Upon Cancellation
If your Member Account or any Services or Third Party Services related to your Member Account are cancelled (whether at your request or at our discretion), it may cause or result in the loss of certain content, features, or capacity of your Member Account, including any Member Content, visitor or user data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services ("Capacity Loss"). We shall not be liable in any way for such Capacity Loss, or for saving a backup of your Member Account, Member Content or visitor or user data. Please also note that additional Fees may apply to re-activation of a Member Account and/or any Services following their cancellation, as determined by us in our sole discretion.
14. DISCLAIMER OF WARRANTIES
We provide the Sites and the Services on an "As Is", "with all faults" and "As Available" basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty - all to the fullest extent permitted by law. We specifically do not represent or warrant that the Sites or Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your visitors or users) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your visitors or users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via the Services - so please be sure to verify those before using or otherwise engaging them.
We may, at our sole discretion (however we shall have no obligation to do so), screen, monitor and/or edit any Member Website and/or Member Content, at any time and for any reason, with or without notice.
Notwithstanding anything to the contrary in the foregoing, in no circumstances may we be considered as a "publisher" of any Member Content, and we do not in any way endorse any Member Content or assume any liability for any Member Content uploaded, posted, published and/or made available by any Member or any other party on and/or through the Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any Member Content. Furthermore, we shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing Member Content you or any other party may encounter.
You acknowledge that there are risks in using the Services and/or connecting and/or dealing with any Third Party Services through or in connection with Services, and that we cannot and do not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.
We do not recommend the use of the Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.
15. LIMITATION OF LIABILITY
To the fullest extent permitted by law in each applicable jurisdiction, we, our officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the Services; (5) the use or display of any Content or Member Content posted, emailed, transmitted, or otherwise made available via the Services; and/or (6) events beyond our reasonable control, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties.
You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for our services to you, and such limitations will apply even if we gave been advised of the possibility of such liabilities.
You agree to defend, indemnify and hold harmless us, our officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys' fees) arising from: (1) your violation of any term of this Agreement or any other terms applicable to your use of or access to the Site(s) or Services; (2) your violation of any third party right, including any copyright, property, or privacy right, resulting from your Member Website or Member Content and/or your use of the Services; and/or (3) any other type of claim that your Member Website and/or Member Content caused damage to a third party.
Changes and Updates: We may change, suspend or terminate any of the Services (or any features thereof, or prices applicable thereto), and/or change any of the terms of the Agreement - at any time and in any manner. Such changes may become effective upon notice to you (and in any event, not in a retroactive manner - except as required otherwise by law). If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your Member Account (as further explained above), continue to support your then-current Services without enabling such changes, or provide you with alternative Services.
Governing Law: This Agreement, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to this Agreement, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of Texas, without respect to its conflict of laws principles.
Jurisdiction: Any and all claims and disputes under this Agreement shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Dallas County, Texas. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
Notices: We may provide you with notices in any of the following methods: (1) via the Services, including by a banner or pop-up within the applicable Site(s), Member Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. our notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.
Headings: Any heading, caption or section title contained herein, is provided only for convenience, and in no way defines or explains any section or provision hereof, or legally binds any of us in any way.
Choice of Language: The terms of this Agreement were written in English. If a translated (non-English) version of this Agreement conflicts in any way with their English version, the provisions of the English version shall prevail.
Relationship: This Agreement, your access to the Site(s), and your use of the Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between us and you.
Entire Agreement: This Agreement and any other legal or fee notices provided to you by us, shall constitute the entire agreement between you and us concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between us and you, including those made by or between any of our respective representatives, with respect to any of the Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of us in entering into any of the terms of the Agreement.
Assignment: We may assign our rights and/or obligations hereunder and/or transfer ownership rights and title in the Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of us. Any attempted or actual assignment thereof without our prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section shall not in itself grant either us or you the right to cancel any Services or Third Party Services then in effect.
Severability; No Waiver: If any provision of the Agreement is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the terms of the Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default.
18. Contact Us
To get in touch with our Customer Service - please use any of the options listed below:
Telephone Number: 385 355-4060
Address: 3839 McKinney Avenue Suite 155-2322 Dallas, TX 75204.