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terms and conditions

LEGAL INFORMATION REGARDING AUSTINREALTYONLINE

Gordon Ford, the sole proprietor of AustinRealtyOnline, is a licensed real estate broker through the Texas Real Estate Commission (License # 535793). Gordon is a REALTOR® and a member of Austin Board of Realtors, Texas Association of Realtors and the National Association of Realtors. Inquiries can be directed to: Gordon Ford, AustinRealtyOnline, 6019 Spindletop Terrace, Round Rock, Texas 78681.


AustinRealtyOnline.com ("AustinRealtyOnline") operates various Web sites referred to herein as the "Site" and "AustinRealtyOnline." Any person accessing or using the Site is referred to as "you".

ACCEPTANCE OF TERMS

By accessing or using any part of the Site or the services provided on it or other Web sites or online resources provided by AustinRealtyOnline, you agree to accept and comply with the terms, conditions, and notices stated herein and as may be modified by AustinRealtyOnline from time-to-time without notice to you (the "Terms of Use"). These Terms of Use constitute a binding contract between AustinRealtyOnline and you. You are responsible for regularly reviewing the Terms of Use. You can review the most current version of the Terms of Use at any time at: http://www.austinrealtyonline.com/htdocs/legal.html. If you do not wish to be bound by these Terms of Use, please do not access or use any materials produced by AustinRealtyOnline. Additional terms may govern use of certain Web sites or Web pages offered by AustinRealtyOnline. In the event that any provision, term or guideline contained on a particular AustinRealtyOnline Web site or Web page conflicts with the Terms of Use, the terms of such Web site or Web page shall control over the Terms of Use except with respect to the General Terms set forth below, which shall at all times control.

WHO CAN USE THE SITE

AustinRealtyOnline, its Content (as defined below) and features were developed solely for use by AustinRealtyOnline to assist its users. To protect this investment, AustinRealtyOnline limits access to the Site to current clients and potential clients interested in purchasing or leasing a home in Texas. You represent to us and agree as follows:

We reserve the right to deny access to the Site to anyone who does not meet the above criteria, who violates these Terms or any written agreement with us, or who we believe, in our sole discretion, is not likely to purchase or sell real estate through us. We also reserve the right to deny access to the Site to anyone, for any reason in our sole discretion, so long as doing so would not violate any applicable laws.

YOUR REAL ESTATE OBLIGATIONS

You agree to immediately notify us if you enter into any agreement with a real estate agent or broker or if you purchase or sell any real property. You agree that you will not contact any buyer or seller of any property introduced to you by AustinRealtyOnline or which you learned of through the Site, except through an appointment set by us. You agree that we may also represent other prospective buyers and sellers seeking to purchase or sell properties that meet your criteria.

General Use of AustinRealtyOnline

Unless specified otherwise, AustinRealtyOnline offers you access to AustinRealtyOnline solely for your personal and non-commercial uses. You agree to only access or use AustinRealtyOnline only for legal purposes that are permitted by the Terms of Use. Among other things, you agree not to:

Except with the express written permission of AustinRealtyOnline, you agree that you will not create links from any Web site or Web page to any page within AustinRealtyOnline; provided however upon prior written notice to AustinRealtyOnline at webmaster@austinrealtyonline.com, you may create a link directly to any of AustinRealtyOnline home pages. The origin of any link to AustinRealtyOnline page must be accompanied by a clear and prominent attribution indicating that the link is connected to AustinRealtyOnline home page. By creating a link to AustinRealtyOnline, you agree that (a) you will not employ any technology that results in the placement of content from AustinRealtyOnline in a frame and/or a reduced pop-up window and/or any other display mechanism which changes appearance of AustinRealtyOnline from how it would appear if a user typed the URL in a typical browser line, (b) your site shall not display content or link to other Web sites that contain content that is illegal, obscene, indecent, disparaging, discriminating or otherwise offensive, (c) you have duly registered your domain name and possess all rights necessary to use the same, and (d) you shall not in any manner access, collect, store, disclose, transfer or use any information obtained or derived from a user's access to or use of AustinRealtyOnline. AustinRealtyOnline reserves the right to revoke your permission to create such link at any time in its sole discretion and you agree to immediately cease using the link at any time that AustinRealtyOnline so requests.

You agree that AustinRealtyOnline may in its sole discretion and at any time terminate your access to and use of AustinRealtyOnline, or any part thereof, with or without notice. You further agree that use of AustinRealtyOnline and any of its services shall be immediately terminated if you violate these Terms of Use. In addition, AustinRealtyOnline reserves the right, in its sole discretion, to modify or discontinue the services or any portion thereof, with or without notice, and without liability to you.


The services provided through AustinRealtyOnline may also be located on or supported by third party Web sites or applications, via a link, click-through advertising, or otherwise. Nothing contained in any of these services is an offer or promise by AustinRealtyOnline to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. In addition, AustinRealtyOnline does not make any representation or warranty with respect to such third party services, and is not responsible for their accuracy, sufficiency, veracity, completeness, or timeliness. You are responsible for confirming the sufficiency and reliability of any third party services, and you hereby release AustinRealtyOnline from any and all claims, demands, liability and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of such services. Further, please note that certain of the interactive services may be financial or mortgage tools that provide information and customized information based on user-inputted data. These tools are for the purpose of performing calculations, and are not an offer to lend. Interest rates shown are for demonstration purposes only. Actual market interest rates may vary.


Please note that you may be subject to additional and/or different terms, conditions, and privacy policies when you use third party services, content, software or sites.

CONTENT CONTAINED IN AUSTINREALTYONLINE

AustinRealtyOnline and all of its contents including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements and other content or materials on AustinRealtyOnline (collectively, "Content") is owned by AustinRealtyOnline and/or third parties with all rights reserved unless otherwise noted. AustinRealtyOnline grants you a limited license to access and use AustinRealtyOnline and Content solely for informational, personal and non-commercial purposes (including printing individual pages from AustinRealtyOnline provided that you retain all copyright and other proprietary notices contained thereon). You are strictly prohibited from downloading (other than page caching) modifying, or making any other use of AustinRealtyOnline or Content, except with express written consent of AustinRealtyOnline. You understand that all third party Content posted on, transmitted through, or linked from AustinRealtyOnline, is the sole responsibility of the third party originator of such Content. Content is provided through AustinRealtyOnline AS IS, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall AustinRealtyOnline be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via AustinRealtyOnline.


You acknowledge that AustinRealtyOnline does not screen or approve third-party Content, and that AustinRealtyOnline shall have the right (but not the obligation) in its sole discretion to refuse, modify, delete or move any Content that is available via AustinRealtyOnline, for any reason.

TRADEMARKS

The trademarks, logos, names and servicemarks used on the Site, including without limitation, the name "AustinRealtyOnline" and the AustinRealtyOnline logo, are licensed, registered, or unregistered trademarks of AustinRealtyOnline or its licensors. You agree not to use or display any of these trademarks, logos, names, or servicemarks without our express prior written consent.

CONTENT YOU PROVIDE

To the extent that you post, upload, input, submit or otherwise transmit (collectively, “Transmit” or “Transmitting” as appropriate) Content on or through AustinRealtyOnline, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all Content that you provide or otherwise make available via AustinRealtyOnline. You also warrant and represent that you own or otherwise control all of the rights to such Content including, without limitation, all the rights necessary for you to Transmit such Content, and to transfer your or others’ interests in such Content to AustinRealtyOnline as provided below.


You promise that you will not use AustinRealtyOnline to:

By Transmitting Content to AustinRealtyOnline, you grant, and you represent and warrant that you have the right to grant, to AustinRealtyOnline an irrevocable, perpetual, non-exclusive, fully paid, license to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of AustinRealtyOnline, you grant AustinRealtyOnline all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on AustinRealtyOnline by any party for any purpose.

PRIVACY POLICY

AUSTINREALTYONLINE TAKES YOUR PRIVACY SERIOUSLY. Please read the following to learn more about our privacy policy (“Privacy Policy”). This Privacy Policy applies to the use of AustinRealtyOnline, including by both homebuyers and real estate professionals (real estate professionals including, without limitation, REALTORS®, homebuilders, lenders, remodelers, home service professionals and other non-consumer service professionals, are referred to as “Professionals”). AustinRealtyOnline use the site to provide you with information, resources, tools, products and services specific to the real estate industry and related markets, and to provide you with information about us and our advertisers, and our respective products and services.


AustinRealtyOnline is committed to implementing policies and procedures designed to protect your privacy and security, in addition to providing you with the best possible online experience. To that end, we want you to understand what kinds of information we gather about you, how this information is used and safeguarded, and how you can control its use.

Personal Information


We may share the Personal Information we collect from you only with your consent or under the following circumstances: User-Requested Services and Information: Certain products or services on AustinRealtyOnline may seek Personal Information from you, which may be used in the following ways:

User-Initiated Communication: From time to time, portions of the Sites may enable you to send e-mail to AustinRealtyOnline or to third parties and to participate in public bulletin boards and discussion groups. All postings to public bulletin boards and discussion groups become our property. Your Internet Protocol (IP) address may be included in any email that you send, whether to us or to third parties. Whenever you choose to initiate these kinds of communication with us, or anyone else, you may be contacted in return. Also, remember that our bulletin boards and discussion groups are open to the public, and therefore, your postings can be seen by anyone and are not protected by us or any other entity. Please use your own discretion when deciding what to post and whom to contact. We reserve the right, in our sole discretion, to edit or delete inappropriate postings from our bulletin boards and discussion groups. This reservation of rights shall not under any circumstances obligate us to conduct such edits or deletions, nor shall it cause us to be liable for any such edits or deletions.


Referrals: If you participate in any referral service we may offer:

Protection of rights: We will release Personal Information if we believe that such action is appropriate to: (1) comply with legal process, (2) enforce the Terms of Use Agreement for the applicable Site, or (3) identify, contact or bring legal action against persons or entities who are or we believe will cause injury to us or a third party, or (4) otherwise protect the rights, property or personal safety of AustinRealtyOnline, its employees, Site users or others.

GENERAL TERMS

APPLICABLE LAW

This Terms of Use is governed by the laws of the State of Texas without regard to conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of courts sitting in Texas, Williamson County in all disputes arising out of or relating to accessing or using of AustinRealtyOnline. Access or use of AustinRealtyOnline is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and AustinRealtyOnline as a result of the Terms of Use or accessing or using AustinRealtyOnline. AustinRealtyOnline's performance under the Terms of Use is subject to existing laws and legal process, and nothing contained in the Terms of Use is in derogation of AustinRealtyOnline's right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of AustinRealtyOnline or information provided to or gathered by AustinRealtyOnline with respect to such use.

INTERPRETATION OF THE TERMS OF USE

If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. Unless otherwise specified herein (or in any other definitive written agreement between you and AustinRealtyOnline), the Terms of Use constitutes the entire agreement between you and AustinRealtyOnline with respect to AustinRealtyOnline and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and AustinRealtyOnline with respect to AustinRealtyOnline. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON ANY AND ALL OF AUSTINREALTYONLINE, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. AUSTINREALTYONLINE MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF AUSTINREALTYONLINE, SERVICES AND/OR CONTENT. AUSTINREALTYONLINE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, AUSTINREALTYONLINE MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE SITE WILL BE ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY AND HOLD AUSTINREALTYONLINE, ITS THIRD-PARTY VENDORS, CORPORATE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF ANY CONTENT, SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU TO AUSTINREALTYONLINE AND/OR AUSTINREALTYONLINE AND/OR ITS THIRD PARTY ADVERTISERS AND ANY BREACH BY YOU OR YOUR AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES OF THESE TERMS OF USE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL AUSTINREALTYONLINE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF AUSTINREALTYONLINE, WITH THE DELAY OR INABILITY TO ACCESS OR USE AUSTINREALTYONLINE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH AUSTINREALTYONLINE, OR OTHERWISE ARISING OUT OF THE USE OF AUSTINREALTYONLINE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AUSTINREALTYONLINE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF AUSTINREALTYONLINE, AND ALL OTHER USE OF AUSTINREALTYONLINE, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM. IF YOU ARE DISSATISFIED WITH ANY PORTION OF AUSTINREALTYONLINE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AUSTINREALTYONLINE.