TERMS OF SERVICE

 

Welcome to TexasForSaleByOwner.net. This website is owned by TexasForSaleByOwner.net. LLC, and provides real estate services to people (not businesses) (“Services”) who want to sell their own homes themselves. TexasForSaleByOwner.net, LLC, is not a licensed real estate broker/agent and does not provide real estate brokerage services in connection with your property listings.

 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY ARE A LEGAL CONTRACT GOVERNING YOUR USE OF THE SITE AND SERVICES PROVIDED BY TEXASFORSALEBYOWNER.NET, LLC (“we”, “us” or “our”).

 

1. These Terms of Service (“TOS” or “Terms”) govern your access to and use of the website, mobile application or other online service provided where these Terms are posted (collectively, the “Site”). By clicking an “Accept”, “Register” or similar button or icon, connecting to the Site through a third party such as Facebook or by using the Site in any manner, you agree to be bound to these Terms and agree to our Privacy Policy, whether or not you registered with the Site. We reserve the right to deny access to any person who violates these Terms.

 

2. TexasForSaleByOwner.net reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, to TexasForSaleByOwner.net grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

 

3. Our Site has three types of users – people who are browsing casually, people who are browsing more seriously and would like to use more of our Site’s features, and people who are selling their home. These Terms are divided into 4 sections. Sections I and IV are for everyone. Section II is for people who register for an account, including Sellers. Section III is for Sellers only.

 

 SECTION I: TERMS THAT APPLY TO EVERYONE WHO USES THIS SITE

 

4. Personal Use Only. You agree and acknowledge that your use of the Services is for personal, non-commercial purposes only. That is, you are using the Services to find information related to registering online to with us, rather than as a commercial enterprise for a third party or to enhance, promote, or otherwise further a commercial enterprise of your own.

5. Copyright. All information, content, services and software displayed on, transmitted through, or used in connection with the Site (with the exception of User Content as defined below), including, for example, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively, the “Content”), as well as its selection and arrangement, is owned byTexasForSaleByOwner.net, LLC, and/or its licensors and suppliers. You may use the Content online only, and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content. If you operate a website and wish to link to the Site, you may do so provided you agree to stop such link upon request from us. No other use is permitted without our prior written permission. The permitted use described in this section is contingent on your compliance at all times with these Terms.

 

6. You may not republish any portion of the Content on any Internet, Intranet, extranet site or any other publication, or incorporate the Content in any database, compilation, archive, cache, or similar medium. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not archive, modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without our permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site nor to insert any code or product or manipulate the Content or the Site in any way, and not to use any data mining, data gathering or extraction method.

Requests to use Content for any purpose other than as permitted in these Terms should be directed to support@texasforsalebyowner.net.

 

User-Provided Information and Content.

 

7. Representations and Warranties. By providing information to, communicating with, and/or placing material on the Site, including for example communication during registration, posting  content (including without limitation written, graphical or video content), or submitting any other text or image, you represent and warrant: (1) you own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in these Terms; (2) all information you provide is true, accurate, current and complete, and does not violate these Terms; (3) the content will not cause injury to any person or entity; and (4) if you post a property listing that you are the owner of the property and have all necessary rights, title, and interests in such property to list the property for sale. Using a name other than your own legal name is prohibited.

8. License. For all such information and material, you grant TexasForSaleByOwner.net, LLC, its affiliates and related entities (All third-party affiliates and partners) a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize us to share the information across affiliated websites, to include the information in a searchable format accessible by users of the Site, other TexasForSaleByOwner.net websites, as well as third-party websites, and to use your name and any other information in connection with its use of the material you provide. You also grant TexasForSaleByOwner.net, LLC, the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.

 

 

9. Unsolicited Submissions. Please note TexasForSaleByOwner.net, LLC, does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to us. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against TexasForSaleByOwner.net, LLC, and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

 

 The Terms at Section IV below also apply to all Site users.

 

SECTION II: TERMS THAT APPLY ONLY TO ACCOUNT HOLDERS

1. Registration. You will have to open an account (“Account”) to register on the Site (you are a “Seller”) Everyone who opens an Account is a “Customer.”  You attest that you are over 18 years of age or otherwise are of legal age to form a binding contract. By opening an Account, you accept responsibility for all activities that occur under your Account. Your Account is not transferrable, and use is limited to one household per Account.  You agree to pay all fees and any other charges (including any applicable taxes) at the rates in effect when the charges were incurred. We may bill charges automatically to your credit card. All fees will be billed at the time you register (or as soon thereafter as fees or charges are incurred) and are nonrefundable. As a Customer, you agree to provide us accurate and complete information, and to maintain it so that it is accurate and complete at all times. If any information you provide is inaccurate or incomplete, or if we reasonably believe so, we may suspend or terminate your access to and use of the Services.

2. Consent to Send You E-mail. From time to time, we will send you e-mail announcements or correspondence on new features, products and services offered by us, selected advertisers, affiliates, and related companies. By creating an account, you expressly consent and opt in to receiving commercial email from TexasForSaleByOwner.net, LLC, its affiliates, and third party advertisers.

3. Use and Storage Guidelines. You understand, acknowledge, and agree that we may establish general practices and/or limits concerning the use of the Services, including without limitation the maximum number of days that information provided by you or account history and related data may be retained as part of the Services or maximum numbers of times or the maximum duration for which you may access the Services in a given period of time.

 

The Terms at Section IV below also apply to all Site users

 

SECTION III: TERMS THAT APPLY All Services are subject to availability and prices may vary.

 

1. Monthly Plan. In exchange for a monthly subscription fee, we will advertise your home on our Site using information provided by you. As a Monthly Plan Seller, you are responsible for paying Monthly subscription fees. We will bill your credit card automatically every 30 days from the date you placed the ad listing your home for sale (the “Renewal Date”) until you cancel your listing. You can cancel your listing (i) on our Site, (ii) by e-mail to support@texasforsalebyowner.net. To avoid the next charge to your credit card, you must cancel at least one (1) business day prior to your Renewal Date. Your listing will not have been canceled until you receive a confirmation from us, via email. At any time, you can upgrade your Standard Plan to include the MLS Enhanced Listing Service described below in Paragraph 2 at any time. To avoid the next charge to your credit card, you must cancel at least one (1) business day prior to your Renewal Date.

 

2. Our MLS Flat Rate Plan / MLS Listing Services. In exchange for a one-time fee and any fees required by your MLS listing broker/agent, you will receive the complete package which puts your listing  on an available local multiple listing service (“MLS”) for six (6) months. Your listing on the Site and your MLS listing are activated separately. MLS rules require that a broker/agent list your home on the MLS; you cannot do this yourself. We will connect you to a broker/agent for this purpose; a locally licensed real estate broker/agent will contact you in order to contract with you separately, and that broker/agent will activate your MLS listing for you. TexasForSaleByOwner.net, LLC, is not a licensed real estate broker/agent and does not provide real estate brokerage services in connection with your property listings. NOTE: THE LICENSED BROKER/AGENT FOR YOUR LOCAL AREA MAY REQUIRE CERTAIN FEES OUTLINED IN THE LISTING CONTRACT IN ORDER TO COMPLY WITH APPLICABLE LAW OR MLS RULES. All MLS listings require a buyer’s agency commission if a real estate broker assists you in finding a buyer. Neither the Service nor these Terms are a solicitation for a listing broker if your property is already listed with a broker. All Customers who purchase MLS Listing Services are responsible for correctly completing all paperwork necessary and applicable to their local MLS prior to their listing becoming viewable in their local MLS.

 

3. You can make up to two (2) changes to your MLS listing that involve the quantity of words or description of the property or documentation associated with the property free of charge during the life of the MLS listing. There is a $25 charge for each change to a MLS listing beyond the first two changes. You may make pricing or status changes (e.g., sold, under contract) to a MLS listing free of charge. All change orders for a MLS listing must be in writing. Certain fees may apply in order to remove a MLS listing prior to six (6) months.

 

4. You may extend a MLS Listing for additional six (6) month periods by paying an additional fee per six-property and your local MLS’s rules and regulations. Moreover, the MLS Service may be subject to additional fees and/or restrictions, such as the offering of a 3% buyer’s agent commission, and among other things, changes in laws, regulations, or the third parties with which TexasForSaleByOwner.net, LLC, contracts. In addition, depending on your MLS listing agreement, there may be restrictions on your use of signs, including signs provided as part of the above Plans. For additional information about the MLS rules and regulations in your area, please contact us at admin@texasforsalebyowner.net. The MLS Service is subject to modification without notice to you. If you object to any modifications to the MLS Service, your sole and exclusive recourse shall be to stop using the MLS Service. The MLS Service is considered a separate purchase, even when purchased in a package, and is treated as a separate service for refunds. There will be a cancellation charge for early cancellation of the MLS Service

 

5. Appearing on Realtor.com. A home that appears on Realtor.com includes up to six (6) photos on Realtor.com automatic e-mail forwarding of leads; and automatic forwarding of all phone leads. This expires after six (6) months. You may extend this for an additional six (6) months periods by paying an additional fee per six-month period. The addition of Realtor.com may be subject to additional fees and/or restrictions. This is considered a separate purchase, even when purchased in a package, and is treated as a separate service for refunds. There will be a charge for early cancellation. If you register through Realtor.com, you acknowledge that these are activated separately. Applications to have your home appear on Realtor.com must be submitted promptly after you receive them. A real estate broker/agent will contact you in order to contract with you separately, and that broker/agent will arrange to have your house appear on Realtor.com. The terms of any agreement between you and any real estate broker/agent are not endorsed, recommended or otherwise known to or by TexasForSaleByOwner.net, LLC. All listings require a buyer’s agency commission if a real estate broker assists you in finding a buyer. Neither the Services, including access to Realtor.com, nor the Terms are a solicitation for a listing broker if your property is already listed with a broker. This is subject to modification without notice. If you object to any modifications, your sole and exclusive recourse shall be to stop using such service. Continued use following notice of (and/or posting as part of these terms of) any such modifications shall indicate your acknowledgment of and satisfaction with such modifications. For additional information, please contact us at support@texasforsalebyowner.net.

 

6. Third-Party Websites. As part of our Service Plan, we will submit your property listing information to other, third-party websites for inclusion on those sites. Please be aware that you are not purchasing a listing with these other sites as part of the fee that you pay us, and that any of those sites may reject your listing for any reason or change their own services. We have no control over any third party sites.

 

7. Home Valuation and Property Reports. Valuation and Property Reports are provided by a third party. The Valuation and Property Reports that are available are based on public record information accessed from the county tax assessor the county recorder, and MLS information. They are provided on an as is, as available basis, with no warranty or guarantee as to accuracy, commercial value, merchantability or fitness for use in a real estate transaction.

 

 

8. Pro-Photo Package. Upon purchase, we will have a freelance photographer contact you directly to set up a convenient time for the photographer to visit your home for your photo shoot. After the photo shoot, 2 separate emails will be sent to you with links to a webpage where you can review the photos, virtual tour, and a YouTube video. You can then post the photos, virtual tour, and the YouTube video link to the Site to enhance your listing. Note: there are some locations where we do not have relationships with local freelance photographers, therefore, we cannot offer this service to you if your home is in one of those locations.

 

A. Rescheduling: Seller may reschedule but must do so more than 24 hours prior to the originally scheduled time or a cancellation fee of $25 will be assessed to the Seller. Seller must contact the photographer directly to reschedule.

B. Cancellations: Cancellations will be allowed as long as the photographer has not already come to your home and taken photos. No cancellations will be allowed due to inclement weather except in extreme circumstances such as flood, fire, earthquake, tornado, etc. The cancellation fee is $25.

C. Copyrights: Subject to these Terms, TexasForSaleByOwner.net, LLC, grants you a limited license to upload the photos, virtual tour, and YouTube video to the Site. You will have no other rights in the photos, virtual tour, or video.

D. Disclaimers: We do not require them to be insured and bonded. TexasForSaleByOwner.net, LLC, is not liable for any acts or omissions of the photographers.

 

9. Flat Rate Pricing Package. Upon purchase, we will have a licensed real estate professional contact you directly to set up a convenient time to visit your home. Then he or she will create a report on the probable sales price of your home by comparing it to three similar homes recently listed and three similar homes sold in your area. We will send you a link to download the report.

 

A. Rescheduling. Seller may reschedule but must do so more than 24 hours prior to the originally scheduled time or a cancellation fee of $25 will be assessed to the Seller. Seller must contact the licensed professional directly to reschedule.

B. Cancellation by Seller. You can cancel and receive a full refund as long as the licensed professional has not already come to your home. If you cancel after the visit but before the report is generated, you will receive a 50% refund. There is no refund available after the report is generated.

C. Cancellation by Us. We may cancel or delay your order if your home is remote, inaccessible or dangerous to travel to; if you provide incomplete information about your home; or if we lack comparable data. Cancellation by us will result in a full refund.

 

10. Purchases through an Affiliate Publisher or Third Party. If you purchased a Service Plan through a publisher that is affiliated with TexasForSaleByOwner.net (“Affiliate Publisher”) or a third party, you must contact the Affiliate Publisher or the third party’s customer service for assistance with the Site or for billing inquiries. Any terms of your purchase from an Affiliate Purchaser or third party are incorporated into these Terms.

 

11. How to Cancel Your Listing Online. If your property sells, you must remove your listing from the Site. Removing your property listing from the Site is simple. Login at www.TexasForSaleByOwner.net/login using your listing number and password. Click on your listing number then click “Cancel.” Fill out the cancellation survey completely and click “Cancel Ad.” Clicking the “Cancel Ad” button will cancel your property listing instantly and provide on-screen confirmation. Cancellation of a listing on the Site has no effect on an affiliate publication or MLS listing, or on your home appearing on Realtor.com.

 

 Home Selling Guarantee-Referral Program.

 

12. Referral. Sellers who wish to change their selling status from “by owner” to a full service listing may elect to participate in the 100% Guarantee Program. Once you qualify for the Program, we will connect you with a real estate broker/agent in your location. We may receive payment including, but not limited, to a referral fee that may be a percentage of the commission received by a real estate agent/broker involved in any real estate transaction. Any such payment to us is due to an agreement between us and the real estate broker/agent involved.

 

To qualify for the 100% Guarantee Program, and obtain a refund, you must register for the Program; instructions here.

 

13. Refund. If your home sells using a broker/agent we refer, then you will be entitled to a refund of the purchase price of The Works Plan, once your home sale closes and you submit your HUD Closing Statement (which should be given to you when you close the sale of your home by the title/escrow company handling the closing).

 

14.  Limitations. You will not be entitled to a refund under the 100% Guarantee Program if:

 

A. No agent/broker referred by us agreed to take the listing for your property;

B. You did not sign a binding broker/agent agreement with a broker/agent who was referred via the 100% Guarantee Program;

C. You contacted the broker/agent referred via the TexasForSaleByOwner.net network before to signing up for the 100% Guarantee Program; or

D. Your listing or any of the information you provided contained fraudulent, deceptive, or inaccurate information.

 

15. Only one refund pursuant to the100% Guarantee Program is permitted per TexasForSaleByOwner.net listing, even if such listing appeared more than once on the Site.

 

16. A seller’s Obligations Concerning Cancellation. It is your responsibility to promptly inform us that you are canceling a purchase in accordance with express terms of this Section 11.

 

A.  Voiding Charges within 24 Hours of Purchase. If you notify us of a cancellation within 24 hours of a purchase of a product or Services, we will void, reverse, or credit the charges.

B.  Refunds, Downgrades, or Changes within 24 Hours of Purchase for Non-MLS-Related Services/Plans. You can obtain a refund, downgrade your plan with a refund of the difference in price, or change your plan that does not include MLS services by notifying TexasForSaleByOwner.net, LLC within 24 hours of your purchase. Refunds are not available more than 24 hours after purchase.

C. Other Limitations. We will not provide refunds for:

 

i Technical Problems. You are not entitled to a refund on the grounds of a temporary service failure. You will not receive any refund for temporary technical problems with the site (including without limitation not being able to log in to your account or not being able to upload photos) that remove your property listing, change your property listing, or cause your property listing not to be displayed. You are not entitled to any refund based on a failure to view your property listing that is due to your or a Buyer’s computer’s or browser’s failure to meet minimum browser and operating system requirements of the Site.

 

ii. Yard signs and other products sent to you in connection with your Plan.

 

17.  Modifications to the Services. We reserve to modify the Services with or without notice to you. See Section IV Paragraph 9.

 

20. Services Provided through an Affiliate Publisher or Third Party.

 

21. Third-Party Advertisements and Links. The Site may include advertisements and links to third party sites. You should review any applicable terms or privacy policies of a third party site before using it or sharing information, because you may give the third party permission to use your information in ways we would not. We are not responsible for and do not endorse any features, content, advertising, products, services or other materials on or available from third parties or their sites.

 

22.  Product Purchases from Our Store. If you receive a product that does not match the description on our Site, notify us and return it unused. We will either replace it or provide you a refund.

 

SECTION IV: TERMS THAT APPLY TO EVERYONE WHO USES THIS SITE

 

1.  Disclaimers and Limitation of Liability. WhileTexasForSaleByOwner.net, LLC, uses reasonable efforts to include accurate and up-to-date data and information on the Site, we make no warranties or representations as to its accuracy and timeliness and assume no liability or responsibility for any error or omission. TexasForSaleByOwner.net, LLC, has no responsibility for actions of third parties or for information provided or posted by others. TexasForSaleByOwner.net, LLC, does not represent or warrant that use of the Services will not infringe rights of third parties.

 

2. Use of www. TexasForSaleByOwner.net is at your own risk. All Services are provided “as is” and “as available.” All express or implied warranties, including without limitation warranties of merchantability and fitness for a particular purpose, warranties against infringement, and warranties that the Services and Site will meet your requirements or be uninterrupted, timely, secure or error free, are specifically disclaimed. TexasForSaleByOwner.net, LLC and its affiliates and related companies are not responsible or liable for content posted by third parties, actions of any third party, or for any damage to, or virus that may infect, your computer equipment or other property. Some jurisdictions do not allow the exclusion of certain implied warranties, so certain of the above exclusions may not apply to you. To the extent that we may not disclaim implied warranties as a matter of applicable law, the scope and duration of such warranty shall be the minimum required under applicable law.

 

3. The Site contains facts, views, opinions, statements and recommendations of third party individuals and organizations.TexasForSaleByOwner.net, LLC, does not represent or endorse the accuracy, correctness or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Site or services. Any reliance upon any such opinion, advice, statement or information is at your sole risk.

 

4. In no event TexasForSaleByOwner.net, LLC, or its affiliates, employees, agents, content providers, service providers or licensors be liable for any indirect, consequential, special, incidental or punitive damages including, without limitation, damages related to loss of data, loss of good will, profits, or commercial opportunities; unauthorized access to or alteration of your transmissions or data; the services or any errors or omissions in the services or related content, even if advised of the possibility of such damages. In no event shall TexasForSaleByOwner.net, LLC, its affiliates, related companies, employees, agents, content providers, service providers or licensors be liable for any amount for direct damages in excess of $100. In no event shall TexasForSaleByOwner.net, LLC, its subsidiaries, affiliates, employees, agents, content providers, service providers or licensors be liable for any direct damages after your account remains inactive for a period of one (1) year.

 

5. Indemnity. You agree to indemnify, defend and hold harmless, TexasForSaleByOwner.net, LLC, its parent, subsidiaries, and affiliated companies, and each of their respective partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, from any and all claims (including, but not limited to, claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys’ fees and court costs) arising from or relating to any allegation regarding: (1) your use of TexasForSaleByOwner.net, LLC’s Services or Site; (2) TexasForSaleByOwner.net, LLC’s use of any content or information you provide, as long as such use is not inconsistent with these Terms; (3) information or material posted or transmitted through your Account, even if not posted by you; and (4) any violation of these Terms, including a breach of your representations and warranties.

 

6. Dispute Resolution. Any claim or controversy arising out of or relating to the Site, these Terms, the goods or Services provided by us or our affiliates, or to any acts or omissions for which you may contend we are liable in connection with these Terms, including but not limited to any claim or controversy made by a Customer (“Dispute”), shall be finally, and exclusively, settled by arbitration in Williamson County, Texas. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, you shall select an arbitrator from a panel of arbitrators acceptable to and chosen by TexasForSaleByOwner.net, LLC, from AAA’s pool of arbitrators. To begin the arbitration process, a party must make a written demand and serve such demand on the other party within one (1) year of when the claim or controversy first accrued. Any judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction in Montgomery County, Texas. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. Moreover, the arbitrator must abide by all these Terms and shall not have the power to reform or alter these Terms. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under these Terms with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. By way of emphasis, these Terms provide that all disputes between you and TexasForSaleByOwner.net, LLC, will be resolved by binding arbitration. Accordingly, you waive your right to go to court to assert or defend your rights or have your dispute heard by a jury. You also give up your right to participate in or bring class actions against TexasForSaleByOwner.net, LLC.

 

7. Limitations Period. You agree that any claim, controversy, or dispute with TexasForSaleByOwner.net, LLC, or its subsidiaries, affiliates, or related companies must be brought within one (1) year of when the claim, controversy, or dispute arose or first accrued, or such claim, controversy or dispute will be barred.

 

8. Additional Terms; Modifications to the Terms. We may change the Terms from time to time without prior notification to you. Each time you access the Site, your access and use will be governed by the Terms then present on the Site and in effect. If you object to any such changes, your sole recourse shall be to stop using the Services. Continued use of the Services following any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes, without limitation or qualification. In addition, when using particular portions of the Services, you will be governed by additional terms which will appear when accessing such Services. All such additional terms are herein incorporated by reference. In the event of a conflict between such additional terms and these Terms, such additional terms shall govern when you access such Services.

 

9. Modifications to the Services. We reserve the right to modify or temporarily discontinue the Services or any part of the Services. Modification of the Services can include, but is not limited to, any change to the Site or content contained therein, changes to the administrative tools or functionality of the Site, modification of the “look and feel” of the Site, changes to the format of a property listing or any other part of the Site, and the inclusion of advertising links in association with a property listing or other content available on the Site. We shall not be liable to you or any third party if we exercise our right to modify or temporarily discontinue the Services. If you object to any modifications to the services, your sole and exclusive recourse shall be to stop using the Services. Continued use of the Services following notice of and/or posting as part of these Terms of any such modifications shall indicate your acknowledgement of such modifications and satisfaction with the Services as so modified.

 

10. Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflicts of law provisions.

 

11. Miscellaneous. The Terms constitute the entire, exclusive, and final statement of the agreement between you and TexasForSaleByOwner.net, LLC with respect to your access to the Site and your use of the Services and supersede all prior agreements or negotiations. If for any reason any provision of these Terms is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected in that provision, and the remainder of the Terms shall continue in full force and effect. Any failure of TexasForSaleByOwner.net, LLC, to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision. The Section and paragraph headings used in these Terms are purely for convenience and effect are for illustrative purposes only. In the event of termination of these Terms for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Services, any license(s) you have granted to TexasForSaleByOwner.net, LLC, any provisions concerning indemnification and/or disclaimers or limitation of liability, and all other provisions for which survival is equitable or appropriate.

 

12. Contact Us. For questions regarding the Site or the Services, e-mail support@Texasforsalebyowner.net.

 

13. National or State “Do Not Call” Registries. If you are acting in any capacity as a real estate agent, real estate broker, or other real estate professional, or a commercial or non-private purchaser/seller of real estate affiliated with a company that is engaged in the real estate brokerage business or business of advertising real estate for others By accessing the Site, you agree not to telephone any Seller who has listed a property on the Site when such Seller’s phone number has been listed on the National Do Not Call Registry or applicable State do-not-call registry for more than 30 days and (a) you do not have a pre-existing, established business relationship with such Customer prior to making a call to such Customer and (b) you do not have prior, written authorization from such Customer to make telephone calls to the Customer. TexasForSaleByOwner.net

14. Sellers: Please note that it is a violation of federal law (and many state laws) for a real estate broker/agent or other real estate professional to call you if your telephone number has been listed on the National Do Not Call Registry or applicable State do-not-call registry for more than 30 days and the caller does not have a pre-existing, established business relationship with you before making the call and does not have prior, written authorization from you to make the call. If you receive a call that violates these provisions, you may file a complaint online atwww.donotcall.gov/Complain/ComplainCheck.aspx by providing the date you received the call and either the name or telephone number of the company or agent/broker that called you.

For sale by owner homes for sale in Houston, Conroe, Dallas, Austin, Fort Worth, Montgomery, Lake Conroe, Magnolia, Kingwood, Galveston.

Texas For Sale By Owner 2016

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